PENALIDAD POR INCUMPLIMIENTO

El incumplimiento con cualesquiera de los requisitos establecidos en esta Parte constituirá una violación y el dueño de un SRS Municipal estará sujeto a una orden administrativa de cumplimiento y/o sujeto a una penalidad administrativa. Las penalidades serán impuestas de acuerdo con la Ley sobre Política Pública Ambiental, Ley Núm. 9 del 18 de junio de 1970, según enmendada, y cualquier otra reglamentación creada a su amparo. VII-36 APÉNDICES 40 CRF SECCIÓN 51.166 § 51.166 Averaging time (hours) Annual 24 8 3 1 Pollutant. SO₂ 1.0 µg/m³ 5 µg/m³ 25 µg/m³ PM10 1.0 µg/m³ 5 µg/m³ NO2 1.0 µg/m³ CO 0.5 mg/m3 2 mg/m3 (3) Such a program may include a provision tion, shall review the expected impact to the appliwhich allows a proposed major source or major cable increment(s). modification subject to paragraph (b) of this sec- (3) Required plan revision. If the State or the tion to reduce the impact of its emissions upon air Administrator determines that a plan is substanquality by obtaining sufficient emission reductions tially inadequate to prevent significant deteriorato, at a minimum, compensate for its adverse amtion or that an applicable increment is being viobient impact where the major source or major lated, the plan shall be revised to correct the inadmodification would otherwise cause or contribute equacy or the violation. The plan shall be revised to a violation of any national ambient air quality within 60 days of such a finding by a State or standard. The plan shall require that, in the abwithin 60 days following notification by the Adsence of such emission reductions, the State or ministrator, or by such later date as prescribed by local agency shall deny the proposed construction. the Administrator after consultation with the State. (4) The requirements of paragraph (b) of this (4) Plan assessment. The State shall review the section shall not apply to a major stationary source adequacy of a plan on a periodic basis and within or major modification with respect to a particular 60 days of such time as information becomes pollutant if the owner or operator demonstrates available that an applicable increment is being viothat, as to that pollutant, the source or modificalated. tion is located in an area designated as nonattain- (5) Public participation. Any State action taken ment pursuant to section 107 of the Act. under this paragraph shall be subject to the opportunity for public hearing in accordance with proce- [51 FR 40669, Nov. 7. 1986. as amended at 52 FR dures equivalent to those established in § 51.102. 24713, July 1, 1987; 52 FR 29386, Aug 7, 1987; 54 FR (6) Amendments. (i) Any State required to revise 27285, 27299 June 28, 1989; 57 FR 3946, Feb. 3. 1992; its implementation plan by reason of an amend- 57 FR 32334. July 21, 1992] ment to this section, including any amendment §51.166 Prevention of significant deteadopted simultaneously with this paragraph, shall rioration of air quality. adopt and submit such plan revision to the Administrator for approval within 9 months after the ef- (a)(1) Plan requirements. In accordance with the fective date of the new amendments. policy of section 101(b)(1) of the act and the pur- (ii) Any revision to an implementation plan that poses of section 160 of the Act, each applicable would amend the provisions for the prevention of State implementation plan shall contain emission significant air quality deterioration in the plan limitations and such other measures as may be shall specify when and as to what sources and necessary to prevent significant deterioration of air modifications the revision is to take effect. quality. (iii) Any revision to an implementation plan that (2) Plan revisions. If a State Implementation an amendment to this section required shall take Plan revision would result in increased air quality effect no later than the date of its approval and deterioration over any baseline concentration, the may operate prospectively. plan revision shall include a demonstration that it (b) Definitions. All state plans shall use the folwill not cause or contribute to a violation of the lowing definitions for the purposes of this section. applicable increment(s). If a plan revision propos- Deviations from the following wording will be aping less restrictive requirements was submitted proved only if the state specifically demonstrates after August 7, 1977 but on or before any applicathat the submitted definition is more stringent, or ble baseline date and was pending action by the at least as stringent, in all respects as the cor- Administrator on that date, no such demonstration responding definitions below: is necessary with respect to the area for which a (1)(i) Major stationary source means: baseline date would be established before final ac- (a) Any of the following stationary sources of tion is taken on the plan revision. Instead, the asair pollutants which emits, or has the potential to sessment described in paragraph (a)(4) of this secemit, 100 tons per year or more of any pollutant 8 § 51.166 subject to regulation under the Act: Fossil fuel- (r) Sintering plants; fired steam electric plants of more than 250 mil- (s) Secondary metal production plants; lion British thermal units per hour heat input, coal (f) Chemical process plants; cleaning plants (with thermal dryers), kraft pulp (u) Fossil-fuel boilers (or combination thereof) mills, portland cement plants, primary zinc smelttotaling more than 250 million British thermal ers, iron and steel mill plants, primary aluminum units per hour heat input; ore reduction plants, primary copper smelters, mu- (v) Petroleum storage and transfer units with a nicipal incinerators capable of charging more than total storage capacity exceeding 300,000 barrels; 250 tons of refuse per day, hydrofluoric, sulfuric, (w) Taconite ore processing plants; and nitric acid plants, petroleum refineries, lime (x) Glass fiber processing plants; plants, phosphate rock processing plants, coke (v) Charcoal production plants; oven batteries, sulfur recovery plants, carbon black (z) Fossil fuel-fired steam electric plants of plants (furnace process), primary lead smelters, more that 250 million British thermal units per fuel conversion plants, sintering plants, secondary hour heat input; metal production plants, chemical process plants, (aa) Any other stationary source category fossil fuel boilers (or combinations thereof) totalwhich, as of August 7, 1980, is being regulated ing more than 250 million British thermal units under section 111 or 112 of the Act. per hour heat input, petroleum storage and transfer (2)(i) Major modification means any physical units with a total storage capacity exceeding change in or change in the method of operation of 300,000 barrels, taconite ore processing plants, a major stationary source that would result in a glass fiber processing plants, and charcoal producsignificant net emissions increase of any pollutant tion plants; subject to regulation under the Act. (b) Notwithstanding the stationary source size (ii) Any net emissions increase that is signifispecified in paragraph (b)(1)(i)(a) of this section, cant for volatile organic compounds shall be conany stationary source which emits, or has the posidered significant for ozone. tential to emit, 250 tons per year or more of any (iii) A physical change or change in the method air pollutant subject to regulation under the Act; or of operation shall not include: (c) Any physical change that would occur at a (a) Routine maintenance, repair, and replacestationary source not otherwise qualifying under ment; paragraph (b)(1) of this section, as a major station- (b) Use of an alternative fuel or raw material by ary source if the change would constitute a major reason of any order under section 2 (a) and (b) of stationary source by itself. the Energy Supply and Environmental Coordina- (ii) A major source that is major for volatile ortion Act of 1974 (or any superseding legislation) ganic compounds shall be considered major for or by reason of a natural gas curtailment plan purozone. suant to the Federal Power Act; (iii) The fugitive emissions of a stationary (c) Use of an alternative fuel by reason of an source shall not be included in determining for order or rule under section 125 of the Act; any of the purposes of this section whether it is (d) Use of an alternative fuel at a steam gener- a major stationary source, unless the source beating unit to the extent that the fuel is generated longs to one of the following categories of stationfrom municipal solid waste; ary sources: (e) Use of an alternative fuel or raw material by (a) Coal cleaning plants (with thermal dryers); a stationary source which: (b) Kraft pulp mills; (1) The source was capable of accommodating (c) Portland cement plants; before January 6, 1975, unless such change would (d) Primary zinc smelters; be prohibited under any federally enforceable per- (e) Iron and steel mills; mit condition which was established after January (f) Primary aluminum ore reduction plants; 6, 1975 pursuant to 40 CFR 52.21 or under regu- (g) Primary copper smelters; lations approved pursuant to 40 CFR subpart I or (h) Municipal incinerators capable of charging § 51.166; or more than 250 tons of refuse per day; (2) The source is approved to use under any (i) Hydrofluoric, sulfuric, or nitric acid plants; permit issued under 40 CFR 52.21 or under regu- (j) Petroleum refineries; lations approved pursuant to 40 CFR 51.166; (k) Lime plants; (f) An increase in the hours of operation or in (1) Phosphate rock processing plants; the production rate, unless such change would be (m) Coke oven batteries; prohibited under any federally enforceable permit (n) Sulfur recovery plants; condition which was established after January 6, (a) Carbon black plants (furnace process); 1975, pursuant to 40 CFR 52.21 or under regula- (p) Primary lead smelters; tions approved pursuant to 40 CFR subpart I or (q) Fuel conversion plants; § 51.166. 9 $51.166 (g) Any change in ownership at a stationary (iv) An increase or decrease in actual emissions source. of sulfur dioxide, particulate matter, or nitrogen (h) The addition, replacement or use of a polluoxides, which occurs before the applicable minor tion control project at an existing electric utility source baseline date is creditable only if it is resteam generating unit, unless the Administrator dequired to be considered in calculating the amount termines that such addition, replacement, or use of maximum allowable increases remaining availrenders the unit less environmentally beneficial, or able. With respect to particulate matter, only PMexcept: 10 emissions can be used to evaluate the net emis- (1) When the reviewing authority has reason to sions increase for PM-10. believe that the pollution control project would re- (v) An increase in actual emissions is creditable sult in a significant net increase in representative only to the extent that the new level of actual actual annual emissions of any criteria pollutant emissions exceeds the old level. over levels used for that source in the most recent (vi) A decrease in actual emissions is creditable air quality impact analysis in the area conducted only to the extent that: for the purpose of title 1, if any, and (a) The old level of actual emissions or the old (2) The reviewing authority determines that the level of allowable emissions, whichever is lower, increase will cause or contribute to a violation of exceeds the new level of actual emissions; any national ambient air quality standard or PSD (b) It is federally enforceable at and after the increment, or visibility limitation. time that actual construction on the particular (i) The installation, operation, cessation, or rechange begins; and moval of a temporary clean coal technology dem- (c) It has approximately the same qualitative onstration project, provided that the project comsignificance for public health and welfare as that plies with: attributed to the increase from the particular (1) The State implementation plan for the State change. in which the project is located; and (vii) An increase that results from a physical (2) Other requirements necessary to attain and change at a source occurs when the emissions unit maintain the national ambient air quality standards on which construction occurred becomes operduring the project and after it is terminated. ational and begins to emit a particular pollutant. (j) The installation or operation of a permanent Any replacement unit that requires shakedown beclean coal technology demonstration project that comes operational only after a reasonable shakeconstitutes repowering, provided that the project down period, not to exceed 180 days. does not result in an increase in the potential to (4) Potential to emit means the maximum caemit of any regulated pollutant emitted by the unit. pacity of a stationary source to emit a pollutant This exemption shall apply on a pollutant-by-polunder its physical and operational design. Any lutant basis. physical or operational limitation on the capacity (k) The reactivation of a very clean coal-fired of the source to emit a pollutant, including air polelectric utility steam generating unit. lution control equipment and restrictions on hours (3)(i) Net emissions increase means the amount of operation or on the type or amount of material by which the sum of the following exceeds zero: combusted, stored, or processed, shall be treated as (a) Any increase in actual emissions from a parpart of its design if the limitation or the effect it ticular physical change or change in the method of would have on emissions is federally enforceable. operation at a stationary source; and Secondary emissions do not count in determining (b) Any other increases and decreases in actual the potential to emit of a stationary source. emissions at the source that are contemporaneous (5) Stationary source means any building, strucwith the particular change and are otherwise credture, facility, or installation which emits or may itable. emit any air pollutant subject to regulation under (ii) An increase or decrease in actual emissions the Act. is contemporaneous with the increase from the (6) Building, structure, facility. or installation particular change only if it occurs within a reasonmeans all of the pollutant-emitting activities which able period (to be specified by the state) before belong to the same industrial grouping, are located the date that the increase from the particular on one or more contiguous or adjacent properties, change occurs. and are under the control of the same person (or (iii) An increase or decrease in actual emissions persons under common control) except the activiis creditable only if the reviewing authority has ties of any vessel. Pollutant-emitting activities not relied on it in issuing a permit for the source shall be considered as part of the same industrial under regulations approved pursuant to this secgrouping if they belong to the same Major Group tion, which permit is in effect when the increase (i.e., which have the same two-digit code) as dein actual emissions from the particular change ocscribed in the Standard Industrial Classification curs. Manual, 1972, as amended by the 1977 Supple- 10 § 51.166 ment (U.S. Government Printing Office stock sions of any pollutant which would exceed the numbers 4101-0066 and 003-005-00176-0, reemissions allowed by any applicable standard spectively). under 40 CFR parts 60 and 61. If the reviewing (7) Emissions unit means any part of a stationauthority determines that technological or ecoary source which emits or would have the potennomic limitations on the application of measuretial to emit any pollutant subject to regulation ment methodology to a particular emissions unit under the Act. would make the imposition of an emissions stand- (8) Construction means any physical change or ard infeasible, a design, equipment, work practice, change in the method of operation (including faboperational standard or combination thereof, may rication, erection, installation, demolition, or modibe prescribed instead to satisfy the requirement for fication of an emissions unit) which would result the application of best available control techin a change in actual emissions. nology. Such standard shall, to the degree pos- (9) Commence as applied to construction of a sible, set forth the emissions reduction achievable major stationary source or major modification by implementation of such design, equipment, means that the owner or operator has all necessary work practice or operation, and shall provide for preconstruction approvals or permits and either compliance by means which achieve equivalent rehas: sults. (i) Begun, or caused to begin, a continuous pro- (13)(i) Baseline concentration means that ambigram of actual on-site construction of the source, ent concentration level which exists in the baseline to be completed within a reasonable time; or area at the time of the applicable minor source (ii) Entered into binding agreements or contracbaseline date. A baseline concentration is detertual obligations, which cannot be cancelled or mined for each pollutant for which a minor source modified without substantial loss to the owner or baseline date is established and shall include: operator, to undertake a program of actual con- (a) The actual emissions representative of struction of the source to be completed within a sources in existence on the applicable minor reasonable time. source baseline date, except as provided in para- (10) Necessary preconstruction approvals or graph (b)(13)(ii) of this section; permits means those permits or approvals required (b) The allowable emissions of major stationary under federal air quality control laws and regulasources which commenced construction before the tions and those air quality control laws and regulamajor source baseline date, but were not in opertions which are part of the applicable State Impleation by the applicable minor source baseline date. mentation Plan. (ii) The following will not be included in the (11) Begin actual construction means, in genbaseline concentration and will affect the applicaeral, initiation of physical on-site construction acble maximum allowable increase(s): tivities on an emissions unit which are of a perma- (a) Actual emissions from any major stationary nent nature. Such activities include, but are not source on which construction commenced after the limited to, installation of building supports and major source baseline date; and foundations, laying of underground pipework, and (b) Actual emissions increases and decreases at construction of permanent storage structures. With any stationary source occurring after the minor respect to a change in method of operation this source baseline date. term refers to those on-site activities, other than (14)(i) Major source baseline date means: preparatory activities, which mark the initiation of (a) In the case of particulate matter and sulfur the change. dioxide, January 6, 1975, and (12) Best available control technology means an (b) In the case of nitrogen dioxide, February 8, emissions limitation (including a visible emissions 1988. standard) based on the maximum degree of reduc- (ii) Minor source baseline date means the earlition for each pollutant subject to regulation under est date after the trigger date on which a major the Act which would be emitted from any prostationary source or a major modification subject posed major stationary source or major modificato 40 CFR 52.21 or to regulations approved pursution which the reviewing authority, on a case-byant to 40 CFR 51.166 submits a complete applicacase basis, taking into account energy, environtion under the relevant regulations. The trigger mental, and economic impacts and other costs, dedate is: termines is achievable for such source or modi- (a) In the case of particulate matter and sulfur fication through application of production procdioxide, August 7, 1977, and esses or available methods, systems, and tech- (b) In the case of nitrogen dioxide, February 8, niques, including fuel cleaning or treatment or in- 1988. novative fuel combination techniques for control (iii) The baseline date is established for each of such pollutant. In no event shall application of pollutant for which increments or other equivalent best available control technology result in emismeasures have been established if: 11 $51.166 (a) The area in which the proposed source or (ii) The applicable State Implementation Plan modification would construct is designated as atemissions limitation, including those with a future tainment or unclassifiable under section 107(d)(i) compliance date; or (D) or (E) of the Act for the pollutant on the date (iii) The emissions rate specified as a federally of its complete application under 40 CFR 52.21 or enforceable permit condition. under regulations approved pursuant to 40 CFR (17) Federally enforceable means all limitations 51.166; and and conditions which are enforceable by the Ad- (b) In the case of a major stationary source, the ministrator, including those requirements develpollutant would be emitted in significant amounts, oped pursuant to 40 CFR parts 60 and 61, requireor, in the case of a major modification, there ments within any applicable State implementation would be a significant net emissions increase of plan, any permit requirements established pursuant the pollutant. to 40 CFR 52.21 or under regulations approved (iv) Any minor source baseline date established pursuant to 40 CFR part 51, subpart I, including originally for the TSP increments shall remain in operating permits issued under an EPA-approved effect and shall apply for purposes of determining program that is incorporated into the State implethe amount of available PM-10 increments, except mentation plan and expressly requires adherence to that the reviewing authority may rescind any such any permit issued under such program. minor source baseline date where it can be shown, (18) Secondary emissions means emissions to the satisfaction of the reviewing authority, that which occur as a result of the construction or opthe emissions increase from the major stationary eration of a major stationary source or major source, or the net emissions increase from the modification, but do not come from the major stamajor modification, responsible for triggering that tionary source or major modification itself. For the date did not result in a significant amount of PMpurposes of this section, secondary emissions must 10 emissions. be specific, well defined, quantifiable, and impact (15)(i) Baseline area means any intrastate area the same general areas the stationary source modi- (and every part thereof) designated as attainment fication which causes the secondary emissions. or unclassifiable under section 107(d)(1) (D) or Secondary emissions include emissions from any (E) of the Act in which the major source or major offsite support facility which would not be conmodification establishing the minor source basestructed or increase its emissions except as a result line date would construct or would have an air of the construction or operation of the major staquality impact equal to or greater than 1 µg/m³ tionary source or major modification. Secondary (annual average) of the pollutant for which the emissions do not include any emissions which minor source baseline date is established. come directly from a mobile source, such as emis- (ii) Area redesignations under section 107(d)(1) sions from the tailpipe of a motor vehicle, from a (D) or (E) of the Act cannot intersect or be smalltrain, or from a vessel. er than the area of impact of any major stationary (19) Innovative control technology means any source or major modification which: system of air pollution control that has not been (a) Establishes a minor source baseline date; or adequately demonstrated in practice, but would (b) Is subject to 40 CFR 52.21 or under regulahave a substantial likelihood of achieving greater tions approved pursuant to 40 CFR 51.166, and continuous emissions reduction than any control would be constructed in the same state as the state system in current practice or of achieving at least proposing the redesignation. comparable reductions at lower cost in terms of (iii) Any baseline area established originally for energy, economics, or nonair quality environthe TSP increments shall remain in effect and mental impacts. shall apply for purposes of determining the (20) Fugitive emissions means those emissions amount of available PM-10 increments, except which could not reasonably pass through a stack, that such baseline area shall not remain in effect chimney, vent, or other functionally equivalent if the permit authority rescinds the corresponding opening. minor source baseline date in accordance with (21)(i) Actual emissions means the actual rate of paragraph (b)(14)(iv) of this section. emissions of a pollutant from an emissions unit, as (16) Allowable emissions means the emissions determined in accordance with paragraphs (b)(21) rate of a stationary source calculated using the (ii) through (iv) of this section. maximum rated capacity of the source (unless the (ii) In general, actual emissions as of a particusource is subject to federally enforceable limits lar date shall equal the average rate, in tons per which restrict the operating rate, or hours of operyear, at which the unit actually emitted the pollutation, or both) and the most stringent of the folant during a two-year period which precedes the lowing: particular date and which is representative of nor- (i) The applicable standards as set forth in 40 mal source operation. The reviewing authority may CFR parts 60 and 61; allow the use of a different time period upon a de- 12 § 51.166 termination that it is more representative of normal Reduced sulfur compounds (including H₂ S): 10 tpy source operation. Actual emissions shall be cal- Municipal waste combustor organics (measured as total culated using the unit's actual operating hours, tetra- through octa-chlorinated dibenzo-p-dioxins and production rates, and types of materials processed, dibenzofurans): 3.2 x 10.6 megagrams per year (3.5 X stored, or combusted during the selected time pe- 10.6 tons per year) riod. Municipal waste combustor metals (measured as articulate (iii) The reviewing authority may presume that matter): 14 megagrams per year (15 tons per year) Municipal waste combustor acid gases (measured as sulfur source-specific allowable emissions for the unit dioxide and hydrogen chloride): 36 megagrams per are equivalent to the actual emissions of the unit. year (40 tons per year) (iv) For any emissions unit (other than an elec- Municipal solid waste landfill emissions (measured as tric utility steam generating unit specified in paranonmethane organic compounds): 45 megagrams per graph (b)(21)(v) of this section) which has not year (50 tons per year) begun normal operations on the particular date, ac- (ii) Significant means, in reference to a net tual emissions shall equal the potential to emit of the unit on that date. emissions increase or the potential of a source to emit a pollutant subject to regulation under the (v) For an electric utility steam generating unit (other than a new unit or the replacement of an Act that paragraph (b)(23)(i) of this section, does existing unit) actual emissions of the unit follownot list, any emissions rate. ing the physical or operational change shall equal (iii) Notwithstanding paragraph (b)(23)(i) of this the representative actual annual emissions of the section, significant means any emissions rate or unit following the physical or operational change, any net emissions increase associated with a major provided the source owner or operator maintains stationary source or major modification, which and submits to the reviewing authority, on an anwould construct within 10 kilometers of a Class I nual basis for a period of 5 years from the date area, and have an impact on such area equal to or the unit resumes regular operation, information greater than I µg/m³ (24-hour average). demonstrating that the physical or operational (24) Federal Land Manager means, with respect change did not result in an emissions increase. A to any lands in the United States, the Secretary of longer period, not to exceed 10 years, may be rethe department with authority over such lands. quired by the reviewing authority if it determines (25) High terrain means any area having an elesuch a period to be more representative of normal vation 900 feet or more above the base of the source post-change operations. stack of a source. (22) Complete means, in reference to an appli- (26) Low terrain means any area other than cation for a permit, that the application contains high terrain. all the information necessary for processing the (27) Indian Reservation means any federally application. Designating an application complete recognized reservation established by Treaty, for purposes of permit processing does not pre- Agreement, Executive Order, or Act of Congress. clude the reviewing authority from requesting or (28) Indian Governing Body means the governaccepting any additional information. ing body of any tribe, band, or group of Indians (23)(i) Significant means, in reference to a net subject to the jurisdiction of the United States and emissions increase or the potential of a source to recognized by the United States as possessing emit any of the following pollutants, a rate of power of self-government. emissions that would equal or exceed any of the (29) Volatile organic compounds (VOC) is as following rates: defined in § 51.100(s) of this part. (30) Electric utility steam generating unit means Pollutant and Emissions Rate any steam electric generating unit that is constructed for the purpose of supplying more than Carbon monoxide: 100 tons per year (tpy) one-third of its potential electric output capacity Nitrogen oxides: 40 tpy Sulfur dioxide: 40 tpy and more than 25 MW electrical output to any Particulate matter: 25 tpy of particulate matter emissions. utility power distribution system for sale. Any 15 tpy of PM10 emissions. steam supplied to a steam distribution system for Ozone: 40 tpy of volatile organic compounds the purpose of providing steam to a steam-electric Lead: 0.6 tpy generator that would produce electrical energy for Asbestos: 0.007 tpy sale is also considered in determining the electrical Beryllium: 0.0004 tpy energy output capacity of the affected facility. Mercury: 0.1 tpy Vinyl chloride: 1 tpy (31) Pollution control project means any activ- Fluorides: 3 tpy ity or project undertaken at an existing electric Sulfuric acid mist: 7 tpy utility steam generating unit for purposes of reduc- Hydrogen suifide (H₂ S): 10 tpy ing emissions from such unit. Such activities or Total reduced sulfur (including H₂ S): 10 tpy projects are limited to: 13 $51.166 (i) The installation of conventional or innovative sulfur dioxide or oxides of nitrogen associated pollution control technology, including but not with the utilization of coal in the generation of limited to advanced flue gas desulfurization, sorelectricity, or. process steam which was not in bent injection for sulfur dioxide and nitrogen oxwidespread use as of November 15, 1990. ides controls and electrostatic precipitators; (34) Clean coal technology demonstration (ii) An activity or project to accommodate project means a project using funds appropriated switching to a fuel which is less polluting than the under the heading "Department of Energy-Clean fuel used prior to the activity or project, including Coal Technology", up to a total amount of but not limited to natural gas or coal re-burning, $2,500,000,000 for commercial demonstration of or the co-firing of natural gas and other fuels for clean coal technology, or similar projects funded the purpose of controlling emissions; through appropriations for the Environmental Pro- (iii) A permanent clean coal technology demtection Agency. The Federal contribution for a onstration project conducted under title II, section qualifying project shall be at least 20 percent of 101(d) of the Further Continuing Appropriations the total cost of the demonstration project. Act of 1985 (section 5903(d) of title 42 of the (35) Temporary clean coal technology dem- United States Code), or subsequent appropriations, onstration project means a clean coal technology up to a total amount of $2,500,000,000 for comdemonstration project that is operated for a period mercial demonstration of clean coal technology, or of 5 years or less, and which complies with the similar projects funded through appropriations for State implementation plan for the State in which the Environmental Protection Agency, or the project is located and other requirements nec- (iv) A permanent clean coal technology demessary to attain and maintain the national ambient onstration project that constitutes a repowering air quality standards during and after the project is project. terminated. (32) Representative actual annual emissions (36) (i) Repowering means replacement of an means the average rate, in tons per year, at which existing coal-fired boiler with one of the following the source is projected to emit a pollutant for the clean coal technologies: atmospheric or pressurtwo-year period after a physical change or change ized fluidized bed combustion, integrated gasifiin the method of operation of a unit, (or a difcation combined cycle, magnetohydrodynamics, ferent consecutive two-year period within 10 years direct and indirect coal-fired turbines, integrated after that change, where the reviewing authority gasification fuel cells, or as determined by the Addetermines that such period is more representative ministrator, in consultation with the Secretary of of normal source operations), considering the effect any such change will have on increasing or Energy, a derivative of one or more of these techdecreasing the hourly emissions rate and on pronologies, and any other technology capable of conjected capacity utilization. In projecting future trolling multiple combustion emissions simultaemissions the reviewing authority shall: neously with improved boiler or generation effi- (i) Consider all relevant information, including ciency and with significantly greater waste reducbut not limited to, historical operational data, the tion relative to the performance of technology in company's own representations, filings with the widespread commercial use as of November 15, State or Federal regulatory authorities, and compli- 1990. ance plans under title IV of the Clean Air Act; (ii) Repowering shall also include any oil and/ and or gas-fired unit which has been awarded clean (ii) Exclude, in calculating any increase in emiscoal technology demonstration funding as of Janusions that results from the particular physical ary 1, 1991, by the Department of Energy. change or change in the method of operation at an (iii) The reviewing authority shall give expeelectric utility steam generating unit, that portion dited consideration to permit applications for any of the unit's emissions following the change that source that satisfies the requirements of this subcould have been accommodated during the repsection and is granted an extension under section resentative baseline period and is attributable to an 409 of the Clean Air Act. increase in projected capacity utilization at the unit (37) Reactivation of a very clean coal-fired that is unrelated to the particular change, including electric utility steam generating unit means any any increased utilization due to the rate of elecphysical change or change in the method of opertricity demand growth for the utility system as a ation associated with the commencement of comwhole. mercial operations by a coal-fired utility unit after (33) Clean coal technology means any tech- a period of discontinued operation where the unit: nology, including technologies applied at the (i) Has not been in operation for the two-year precombustion, combustion, or post combustion period prior to the enactment of the Clean Air Act stage, at a new or existing facility which will Amendments of 1990, and the emissions from achieve significant reductions in air emissions of such unit continue to be carried in the permitting 14 § 51.166 authority's emissions inventory at the time of en- (d) Ambient air ceilings. The plan shall provide actment; that no concentration of a pollutant shall exceed: (ii) Was equipped prior to shutdown with a con- (1) The concentration permitted under the natinuous system of emissions control that achieves tional secondary ambient air quality standard, or a removal efficiency for sulfur dioxide of no less (2) The concentration permitted under the nathan 85 percent and a removal efficiency for partional primary ambient air quality standard, whichticulates of no less than 98 percent; ever concentration is lowest for the pollutant for (iii) Is equipped with low-NOx burners prior to a period of exposure. the time of commencement of operations follow- (e) Restrictions on area classifications. The plan ing reactivation; and shall provide that- (iv) Is otherwise in compliance with the require- (1) All of the following areas which were in exments of the Clean Air Act. istence on August 7, 1977, shall be Class I areas (c) Ambient air increments. The plan shall conand may not be redesignated: tain emission limitations and such other measures (i) International parks, as may be necessary to assure that in areas des- (ii) National wilderness areas which exceed ignated as Class I, II, or III, increases in pollutant 5,000 acres in size, concentration over the baseline concentration shall (iii) National memorial parks which exceed be limited to the following: 5,000 acres in size, and (iv) National parks which exceed 6,000 acres in size. Maximum (2) Areas which were redesignated as Class I allowable Pollutant increase under regulations promulgated before August 7, (micrograms 1977, shall remain Class I, but may be redesigper cubic meter) nated as provided in this section. (3) Any other area, unless otherwise specified in Class I the legislation creating such an area, is initially designated Class II, but may be redesignated as Particulate matter: PM-10, annual arithmetic mean 4 provided in this section. PM-10, 24-hr maximum 8 (4) The following areas may be redesignated Sulfur dioxide: only as Class I or II: Annual arithmetic mean 2 (i) An area which as of August 7, 1977, ex- 24-hr maximum 5 3-hr maximum 25 ceeded 10,000 acres in size and was a national Nitrogen dioxide: Annual arithmatic mean 2.5 monument, a national primitive area, a national preserve, a national recreational area, a national Class II wild and scenic river, a national wildlife refuge, a national lakeshore or seashore; and Particulate matter. (ii) A national park or national wilderness area PM-10, annual arithmetic mean 17 established after August 7, 1977, which exceeds PM-10, 24-hr maximum 30 Sulfur dioxide: 10,000 acres in size. Annual arithmetic mean 20 (f) Exclusions from increment consumption. (1) 24-hr maximum 91 The plan may provide that the following con- 3-hr maximum 512 centrations shall be excluded in determining com- Nitrogen dioxide: Annual arithmetic mean 26 pliance with a maximum allowable increase: (i) Concentrations attributable to the increase in Class III emissions from stationary sources which have converted from the use of petroleum products, natural Particulate matter: gas, or both by reason of an order in effect under PM-10, annual arithmetic mean 34 section 2 (a) and (b) of the Energy Supply and PM-10, 24-hr maximum 60 Sulfur dioxide: Environmental Coordination Act of 1974 (or any Annual arithmetic mean 40 superseding legislation) over the emissions from 24-hr maximum 182 such sources before the effective date of such an 3-hr maximum 700 order; Nitrogen dioxide: Annual arithmatic mean 50 (ii) Concentrations attributable to the increase in emissions from sources which have converted For any period other than an annual period, the from using natural gas by reason of natural gas applicable maximum allowable increase may be curtailment plan in effect pursuant to the Federal exceeded during one such period per year at any Power Act over the émissions from such sources one location. before the effective date of such plan; 15 § 51.166 (iii) Concentrations of particulate matter attribproposed by the respective States or Indian Govutable to the increase in emissions from construcerning Bodies, as provided below, subject to aption or other temporary emission-related activities proval by the Administrator as a revision to the of new or modified sources; applicable State implementation plan. (iv) The increase in concentrations attributable (2) The plan may provide that the State may to new sources outside the United States over the submit to the Administrator a proposal to redesigconcentrations attributable to existing sources nate areas of the State Class I or Class II: Prowhich are included in the baseline concentration; vided, That: and (i) At least one public hearing has been held in (v) Concentrations attributable to the temporary accordance with procedures established in increase in emissions of sulfur dioxide, particulate § 51.102. matter, or nitrogen oxides from stationary sources (ii) Other States, Indian Governing Bodies, and which are affected by plan revisions approved by Federal Land Managers whose lands may be afthe Administrator as meeting the criteria specified fected by the proposed redesignation were notified in paragraph (f)(4) of this section. at least 30 days prior to the public hearing: (2) If the plan provides that the concentrations (iii) A discussion of the reasons for the proto which paragraph (f)(1) (i) or (ii) of this section, posed redesignation, including a satisfactory derefers shall be excluded, it shall also provide that scription and analysis of the health, environmental, no exclusion of such concentrations shall apply economic, social, and energy effects of the promore than five years after the effective date of the posed redesignation, was prepared and made availorder to which paragraph (f)(1)(i) of this section, able for public inspection at least 30 days prior to refers or the plan to which paragraph (f)(1)(ii) of the hearing and the notice announcing the hearing this section, refers, whichever is applicable. If both contained appropriate notification of the availabilsuch order and plan are applicable, no such excluity of such discussion; sion shall apply more than five years after the (iv) Prior to the issuance of notice respecting later of such effective dates. the redesignation of an area that includes any Fed- (3) [Reserved] eral lands, the State has provided written notice to (4) For purposes of excluding concentrations the appropriate Federal Land Manager and afpursuant to paragraph (f)(1)(v) of this section, the forded adequate opportunity (not in excess of 60 Administrator may approve a plan revision that: days) to confer with the State respecting the redes- (i) Specifies the time over which the temporary ignation and to submit written comments and recemissions increase of sulfur dioxide, particulate ommendations. In redesignating any area with rematter, or nitrogen oxides would occur. Such time spect to which any Federal Land Manager had is not to exceed 2 years in duration unless a submitted written comments and recommendalonger time is approved by the Administrator. tions, the State shall have published a list of any (ii) Specifies that the time period for excluding inconsistency between such redesignation and such certain contributions in accordance with paragraph comments and recommendations (together with the (f)(4)(i) of this section, is not renewable; reasons for making such redesignation against the (iii) Allows no emissions increase from a starecommendation of the Federal Land Manager); tionary source which would: and (a) Impact a Class I area or an area where an (v) The State has proposed the redesignation applicable increment is known to be violated; or after consultation with the elected leadership of (b) Cause or contribute to the violation of a nalocal and other substate general purpose governtional ambient air quality standard; ments in the area covered by the proposed redesig- (iv) Requires limitations to be in effect the end nation. of the time period specified in accordance with (3) The plan may provide that any area other paragraph (f)(4)(i) of this section, which would enthan an area to which paragraph (e) of this section sure that the emissions levels from stationary refers may be redesignated as Class III ifsources affected by the plan revision would not (i) The redesignation would meet the requireexceed those levels occurring from such sources ments of provisions established in accordance with before the plan revision was approved. paragraph (g)(2) of this section; (g) Redesignation. (1) The plan shall provide (ii) The redesignation, except any established by that all areas of the State (except as otherwise proan Indian Governing Body, has been specifically vided under paragraph (e) of this section) shall be approved by the Governor of the State, after condesignated either Class I, Class II, or Class III. sultation with the appropriate committees of the Any designation other than Class II shall be sublegislature, if it is in session, or with the leaderject to the redesignation procedures of this paraship of the legislature, if it is not in session (ungraph. Redesignation (except as otherwise preless State law provides that such redesignation cluded by paragraph (e) of this section) may be must be specifically approved by State legislation) 16 §51.166 and if general purpose units of local government (2) Any other dispersion technique not implerepresenting a majority of the residents of the area mented before then. to be redesignated enact legislation (including res- (i) Review of major stationary sources and olutions where appropriate) concurring in the remajor modifications-source applicability and exdesignation; emptions. (iii) The redesignation would not cause, or con- (1) The plan shall provide that no major stationtribute to, a concentration of any air pollutant ary source or major modification shall begin actual which would exceed any maximum allowable inconstruction unless, as a minumum, requirements crease permitted under the classification of any equivalent to those contained in paragraphs (j) other area or any national ambient air quality through (r) of this section have been met. standard; and (2) The plan shall provide that the requirements (iv) Any permit application for any major staequivalent to those contained in paragraphs (j) tionary source or major modification subject to through (r) of this section shall apply to any major provisions established in accordance with parastationary source and any major modification with graph (1) of this section which could receive a perrespect to each pollutant subject to regulation mit only if the area in question were redesignated under the Act that it would emit, except as this as Class III, and any material submitted as part of section would otherwise allow. that application, were available, insofar as was (3) The plan shall provide that requirements practicable, for public inspection prior to any pubequivalent to those contained in paragraphs (j) lic hearing on redesignation of any area as Class through (r) of this section apply only to any major III. stationary source or major modification that would (4) The plan shall provide that lands within the be constructed in an area which is designated as exterior boundaries of Indian Reservations may be attainment or unclassifiable under section redesignated only by the appropriate Indian Gov- 107(a)(1) (D) or (E) of the Act; and erning Body. The appropriate Indian Governing (4) The plan may provide that requirements Body may submit to the Administrator a proposal equivalent to those contained in paragraphs (j) to redesignate areas Class I, Class II, or Class III: through (r) of this section do not apply to a par- Provided, That: ticular major stationary source or major modification if: (i) The Indian Governing Body has followed procedures equivalent to those required of a State (i) The major stationary source would be a nonunder paragraphs (g) (2), (3)(iii), and (3)(iv) of profit health or nonprofit educational institution or this section; and a major modification that would occur at such an institution; or (ii) Such redesignation is proposed after con- (ii) The source or modification would be a sultation with the State(s) in which the Indian Resmajor stationary source or major modification only ervation is located and which border the Indian if fugitive emissions, to the extent quantifiable, are Reservation. considered in calculating the potential to emit of (5) The Administrator shall disapprove, within the stationary source or modification and such 90 days of submission, a proposed redesignation source does not belong to any following catof any area only if he finds, after notice and opegories: portunity for public hearing, that such redesigna- (a) Coal cleaning plants (with thermal dryers); tion does not meet the procedural requirements of (b) Kraft pulp mills; this section or is inconsistent with paragraph (e) of (c) Portland cement plants; this section. If any such disapproval occurs, the (d) Primary zinc smelters; classification of the area shall be that which was (e) Iron and steel mills; in effect prior to the redesignation which was dis- (f) Primary aluminum ore reduction plants; approved. (g) Primary copper smelters; (6) If the Administrator disapproves any pro- (h) Municipal incinerators capable of charging posed area designation, the State or Indian Govmore than 250 tons of refuse per day; eming Body, as appropriate, may resubmit the (f) Hydrofluoric, sulfuric, or nitric acid plants; proposal after correcting the deficiencies noted by (/) Petroleum refineries; the Administrator. (k) Lime plants; (h) Stack heights. The plan shall provide, as a (f) Phosphate rock processing plants; minimum, that the degree of emission limitation (m) Coke oven batteries; required for control of any air pollutant under the (n) Sulfur recovery plants; plan shall not be affected in any manner by- (o) Carbon black plants (furnace process); (1) So much of a stack height, not in existence (p) Primary lead smelters; before December 31, 1970, as exceeds good engi- (9) Fuel conversion plants; neering practice, or (r) Sintering plants; 17 §51.166 (s) Secondary metal production plants; maximum allowable increase for a Class II area do (t) Chemical process plants; not apply to a modification of a major stationary (u) Fossil-fuel boilers (or combination thereof) source that was in existence on March 1, 1978, if totaling more than 250 million British thermal the net increase in allowable emissions of each units per hour heat input; pollutant subject to regulation under the Act from (v) Petroleum storage and transfer units with a the modification after the application of best availtotal storage capacity exceeding 300,000 barrels; able control technology would be less than 50 tons (w) Taconite ore processing plants; per year. (x) Glass fiber processing plants; (8) The plan may provide that the reviewing au- (y) Charcoal production plants; thority may exempt a proposed major stationary (z) Fossil fuel-fired steam electric plants of source or major modification from the requiremore than 250 million British thermal units per ments of paragraph (m) of this section, with rehour heat input; spect to monitoring for a particular pollutant, if: (aa) Any other stationary source category (i) The emissions increase of the pollutant from which, as of August 7, 1980, is being regulated a new stationary source or the net emissions inunder section 111 or 112 of the Act; or crease of the pollutant from a modification would (iii) The source or modification is a portable cause, in any area, air quality impacts less than the stationary source which has previously received a following amounts: permit under requirements equivalent to those con- (a) Carbon monoxide-575 ug/m3, 8-hour avertained in paragraphs (j) through (r) of this section, age; if: (b) Nitrogen dioxide-14 ug/m3, annual aver- (a) The source proposes to relocate and emisage; sions of the source at the new location would be (c) Particulate matter-10 µg/m³ of PM-10, 24- temporary; and hour average. (b) The emissions from the source would not (d) Sulfur dioxide-13 ug/m3, 24-hour average; exceed its allowable emissions; and (e) Ozone;¹ (c) The emissions from the source would impact (f) Lead-0.1 µg/m³, 3-month average. no Class 1 area and no area where an applicable (g) Mercury-0.25 ug/m³, 24-hour average; increment is known to be violated; and (h) Beryllium-0.001 µg/m3, 24-hour average: (d) Reasonable notice is given to the reviewing (i) Fluorides-0.25 ug/m3, 24-hour average; (j) Vinyl chloride-15 ug/m3, 24-hour average; authority prior to the relocation identifying the (k) Total reduced sulfur-10 ug/m³, 1-hour avproposed new location and the probable duration of operation at the new location. Such notice shall erage; (1) Hydrogen sulfide-0.2 µg/m³, 1-hour averbe given to the reviewing authority not less than age: 10 days in advance of the proposed relocation un- (m) Reduced sulfur compounds-10 ug/m3, 1- less a different time duration is previously aphour average; or proved by the reviewing authority. (ii) The concentrations of the pollutant in the (5) The plan may provide that requirements area that the source or modification would affect equivalent to those contained in paragraphs (j) are less than the concentrations listed in (i)(8)(i) of through (r) of this section do not apply to a major this section; or stationary source or major modification with re- (iii) The pollutants is not listed in paragraph spect to a particular pollutant if the owner or oper- (i)(8)(i) of this section. ator demonstrates that, as to that pollutant, the (9) If EPA approves a plan revision under 40 source or modification is located in an area des- CFR 51.166 as in effect before August 7, 1980, ignated as nonattainment under section 107 of the any subsequent revision which meets the require- Act. ments of this section may contain transition provi- (6) The plan may provide that requirements sions which parallel the transition provisions of 40 equivalent to those contained in paragraphs (k), CFR 52.21(i)(9), (i)(10) and (m)(1)(v) as in effect (m), and (o) of this section do not apply to a proon that date, which provisions relate to requireposed major stationary source or major modificaments for best available control technology and air tion with respect to a particular pollutant, if the alquality analyses. Any such subsequent revision lowable emissions of that pollutant from a new may not contain any transition provision which in source, or the net emissions increase of that pollutthe context of the revision would operate any less ant from a modification, would be temporary and impact no Class I area and no area where an ap- 1 No de minimis air quality level is provided for ozone. plicable increment is known to be violated. However, any net increase of 100 tons per year or more (7) The plan may provide that requirements of volatile organic compounds subject to PSD would be equivalent to those contained in paragraphs (k), required to perform and ambient impact analysis, includ- (m), and (o) of this section as they relate to any ing the gathering of ambient air quality data. 18 §51.166 stringently than would its counterpart in 40 CFR to regulation under the Act for which it would be 52.21. a significant net emissions increase at the source. (10) If EPA approves a plan revision under This requirement applies to each proposed emis- § 51.166 as in effect [before July 31, 1987], any sions unit at which a net emissions increase in the subsequent revision which meets the requirements pollutant would occur as a result of a physical of this section may contain transition provisions change or change in the method of operation in which parallel the transition provisions of § 52.21 the unit. (i)(11), and (m)(1) (vii) and (viii) of this chapter (4) For phased construction projects, the deteras in effect on that date, these provisions being remination of best available control technology shall lated to monitoring requirements for particulate be reviewed and modified as appropriate at the matter. Any such subsequent revision may not least reasonable time which occurs no later than contain any transition provision which in the con- 18 months prior to commencement of construction text of the revision would operate any less strinof each independent phase of the project. At such gently than would its counterpart in § 52.21 of this time, the owner or operator of the applicable stachapter. tionary source may be required to demonstrate the (11) The plan may provide that the permitting adequacy of any previous determination of best requirements equivalent to those contained in paraavailable control technology for the source. graph (k)(2) of this section do not apply to a sta- (k) Source impact analysis. The plan shall protionary source or modification with respect to any vide that the owner or operator of the proposed maximum allowable increase for nitrogen oxides if source or modification shall demonstrate that althe owner or operator of the source or modificalowable emission increases from the proposed tion submitted an application for a permit under source or modification, in conjunction with all the applicable permit program approved or proother applicable emissions increases or reduction mulgated under the Act before the provisions em- (including secondary emissions) would not cause bodying the maximum allowable increase took efor contribute to air pollution in violation of: fect as part of the plan and the permitting authority subsequently determined that the application as (1) Any national ambient air quality standard in submitted before that date was complete. any air quality control region; or (12) The plan may provide that the permitting (2) Any applicable maximum allowable increase requirements equivalent to those contained in paraover the baseline concentration in any area. graph (k)(2) of this section shall not apply to a (1) Air quality models. The plan shall provide stationary source or modification with respect to for procedures which specify thatany maximum allowable increase for PM-10 if (i) (1) All applications of air quality modeling inthe owner or operator of the source or modificavolved in this subpart shall be based on the applition submitted an application for a permit under cable models, data bases, and other requirements the applicable permit program approved under the specified in appendix W of this part (Guideline on Act before the provisions embodying the maxi- Air Quality Models). mum allowable increases for PM-10 took effect as (2) Where an air quality model specified in appart of the plan, and (ii) the permitting authority pendix W of this part (Guideline on Air Quality subsequently determined that the application as Models) is inappropriate, the model may be modisubmitted before that date was complete. Instead, fied or another model substituted. Such a modithe applicable requirements equivalent to parafication or substitution of a model may be made graph (k)(2) shall apply with respect to the maxion a case-by-case basis or, where appropriate, on mum allowable increases for TSP as in effect on a generic basis for a specific state program. Writthe date the application was submitted. ten approval of the Administrator must be ob- (j) Control technology review. The plan shall tained for any modification or substitution. In adprovide that: dition, use of a modified or substituted model (1) A major stationary source or major modimust be subject to notice and opportunity for pubfication shall meet each applicable emissions limilic comment under procedures set forth in tation under the State Implementation Plan and § 51.102. each applicable emission standards and standard of (m) Air quality analysis-(1) Preapplication performance under 40 CFR parts 60 and 61. analysis. (i) The plan shall provide that any appli- (2) A new major stationary source shall apply cation for a permit under regulations approved best available control technology for each pollutpursuant to this section shall contain an analysis of ant subject to regulation under the Act that it ambient air quality in the area that the major stawould have the potential to emit in significant tionary source or major modification would affect amounts. for each of the following pollutants: (3) A major modification shall apply best avail- (a) For the source, each pollutant that it would able control technology for each pollutant subject have the potential to emit in a significant amount; 19 $51.166 (b) For the modification, each pollutant for (2) The plan may provide that such information which it would result in a significant net emissions shall include: increase. (i) A description of the nature, location, design (ii) The plan shall provide that, with respect to capacity, and typical operating schedule of the any such pollutant for which no National Ambient source or modification, including specifications Air Quality Standard exists, the analysis shall conand drawings showing its design and plant layout; tain such air quality monitoring data as the re- (ii) A detailed schedule for construction of the viewing authority determines is necessary to assess source or modification; ambient air quality for that pollutant in any area (iii) A detailed description as to what system of that the emissions of that pollutant would affect. continuous emission reduction is planned by the (iii) The plan shall provide that with respect to source or modification, emission estimates, and any such pollutant (other than nonmethane hydroany other information as necessary to determine carbons) for which such a standard does exist, the that best available control technology as applicable analysis shall contain continuous air quality monwould be applied; itoring data gathered for purposes of determining (3) The plan shall provide that upon request of whether emissions of that pollutant would cause or the State, the owner or operator shall also provide contribute to a violation of the standard or any information on: maxiumum allowable increase. (i) The air quality impact of the source or modi- (iv) The plan shall provide that, in general, the fication, including meteorological and topocontinuous air monitoring data that is required graphical data necessary to estimate such impact; shall have been gathered over a period of one year and and shall represent the year preceding receipt of (ii) The air quality impacts and the nature and the application, except that, if the reviewing auextent of any or all general commercial, residenthority determines that a complete and adequate tial, industrial, and other growth which has ocanalysis can be accomplished with monitoring data curred since August 7, 1977, in the area the source gathered over a period shorter than one year (but or modification would affect. not to be less than four months), the data that is (o) Additional impact analyses. The plan shall required shall have been gathered over at least that provide thatshorter period. (1) The owner or operator shall provide an anal- (v) The plan may provide that the owner or opysis of the impairment to visibility, soils, and erator of a proposed major stationary source or vegetation that would occur as a result of the major modification of volatile organic compounds source or modification and general commercial, who satisfies all conditions of 40 CFR part 51 apresidential, industrial, and other growth associated pendix S, section IV may provide postapproval with the source or modification. The owner or opmonitoring data for ozone in lieu of providing erator need not provide an analysis of the impact preconstruction data as required under paragraph on vegetation having no significant commercial or (m)(1) of this section. recreational value. (2) Post-construction monitoring. The plan shall (2) The owner or operator shall provide an analprovide that the owner or operator of a major staysis of the air quality impact projected for the area tionary source or major modification shall, after as a result of general commercial, residential, inconstruction of the stationary source or modificadustrial, and other growth associated with the tion, conduct such ambient monitoring as the resource or modification. viewing authority determines is necessary to deter- (p) Sources impacting Federal Class I areasmine the effect emissions from the stationary additional requirements-(1) Notice to EPA. The source or modification may have, or are having, plan shall provide that the reviewing authority on air quality in any area. shall transmit to the Administrator a copy of each (3) Operation of monitoring stations. The plan permit application relating to a major stationary shall provide that the owner or operator of a major source or major modification and provide notice to stationary source or major modification shall meet the Administrator of every action related to the the requirements of appendix B to part 58 of this consideration of such permit. chapter during the operation of monitoring stations (2) Federal Land Manager. The Federal Land for purposes of satisfying paragraph (m) of this Manager and the Federal official charged with disection. rect responsibility for management of Class 1 lands (n) Source information. (1) The plan shall prohave an affirmative responsibility to protect the air vide that the owner or operator of a proposed quality related values (including visibility) of any source or modification shall submit all information such lands and to consider, in consultation with necessary to perform any analysis or make any dethe Administrator, whether a proposed source or termination required under procedures established modification would have an adverse impact on in accordance with this section. such values. 20 $51.166 (3) Denial-impact on air quality related valthat the source or modification cannot be conues. The plan shall provide a mechanism whereby structed by reason of any maximum allowable in- a Federal Land Manager of any such lands may crease for sulfur dioxide for periods of twenty-four present to the State, after the reviewing authority's hours or less applicable to any Class I area and, preliminary determination required under procein the case of Federal mandatory Class I areas, dures developed in accordance with paragraph (r) that a variance under this clause would not adof this section, a demonstration that the emissions versely affect the air quality related values of the from the proposed source or modification would have an adverse impact on the air quality-related area (including visibility); values (including visibility) of any Federal manda- (ii) The Governor, after consideration of the tory Class I lands, notwithstanding that the change Federal Land Manager's recommendation (if any) in air quality resulting from emissions from such and subject to his concurrence, may grant, after source or modification would not cause or contribnotice and an opportunity for a public hearing, a ute to concentrations which would exceed the variance from such maximum allowable increase; maximum allowable increases for a Class I area. and If the State concurs with such demonstration, the (iii) If such variance is granted, the reviewing reviewing authority shall not issue the permit. authority may issue a permit to such source or (4) Class I Variances. The plan may provide modification in accordance with provisions develthat the owner or operator of a proposed source or oped pursuant to paragraph (q)(7) of this section: modification may demonstrate to the Federal Land Provided, That the applicable requirements of the Manager that the emissions from such source plan are otherwise met. would have no adverse impact on the air quality (6) Variance by the Governor with the Presirelated values of such lands (including visibility), dent's concurrence. The plan may provide thatnotwithstanding that the change in air quality resulting from emissions from such source or modi- (i) The recommendations of the Governor and fication would cause or contribute to concentrathe Federal Land Manager shall be transferred to tions which would exceed the maximum allowable the President in any case where the Governor recincreases for a Class I area. If the Federal land ommends a variance in which the Federal Land manager concurs with such demonstration and so Manager does not concur; certifies to the State, the reviewing authority may: (ii) The President may approve the Governor's Provided. That applicable requirements are otherrecommendation if he finds that such variance is wise met, issue the permit with such emission limin the national interest; and itations as may be necessary to assure that emis- (iii) If such a variance is approved, the reviewsions of sulfur dioxide, particulate matter, and niing authority may issue a permit in accordance trogen oxides would not exceed the following with provisions developed pursuant to the requiremaximum allowable increases over minor source ments of paragraph (q)(7) of this section: Probaseline concentration for such pollutants: vided, That the applicable requirements of the plan are otherwise met. (7) Emission limitations for Presidential or gu- Maximum bernatorial variance. The plan shall provide that allowable Pollutant increase in the case of a permit issued under procedures (micrograms developed pursuant to paragraph (q) (5) or (6) of per cubic meter) this section, the source or modification shall comply with emission limitations as may be necessary Particulate matter: PM-10. annual arithmetic mean 17 to assure that emissions of sulfur dioxide from the PM-10, 24-hour maximum 30 source or modification would not (during any day Suffur dioxide: Annual arithmetic mean 20 on which the otherwise applicable maximum al- 24-hr maximum 91 lowable increases are exceeded) cause or contrib- 3-hr maximum 325 ute to concentrations which would exceed the fol- Nitrogan dioxide: Annual arithmetic mean 25 lowing maximum allowable increases over the (5) Sulfur dioxide variance by Governor with baseline concentration and to assure that such Federal Land Manager's concurrence. The plan emissions would not cause or contribute to conmay provide thatcentrations which exceed the otherwise applicable (i) The owner or operator of a proposed source maximum allowable increases for periods of expoor modification which cannot be approved under sure of 24 hours or less for more than 18 days, procedures developed pursuant to paragraph (q)(4) not necessarily consecutive, during any annual peof this section may demonstrate to the Governor riod: 21 $51.166 MAXIMUM ALLOWABLE INCREASE provability of the application. The reviewing au- [Micrograms per cubic meter] thority shall make all comments available for public inspection in the same locations where the re- Terrain areas Period of exposure viewing authority made available preconstruction Low High information relating to the proposed source or 24-hr maximum 38 modification. 62 3-hr maximum 130 221 (vii) Make a final determination whether construction should be approved, approved with con- (q) Public participation. The plan shall provide ditions, or disapproved. that- (viii) Notify the applicant in writing of the final (1) The reviewing authority shall notify all apdetermination and make such notification available plicants within a specified time period as to the for public inspection at the same location where completeness of the application or any deficiency the reviewing authority made available in the application or information submitted. In the preconstruction information and public comments event of such a deficiency, the date of receipt of relating to the source. the application shall be the date on which the re- (r) Source obligation. (1) The plan shall include viewing authority received all required informaenforceable procedures to provide that approval to tion. construct shall not relieve any owner or operator (2) Within one year after receipt of a complete of the responsibility to comply fully with applicaapplication, the reviewing authority shall: ble provisions of the plan and any other require- (i) Make a preliminary determination whether ments under local, State or Federal law. construction should be approved, approved with (2) The plan shall provide that at such time that conditions, or disapproved. a particular source or modification becomes a (ii) Make available in at least one location in major stationary source or major modification each region in which the proposed source would solely by virtue of a relaxation in any enforceable be constructed a copy of all materials the applicant limitation which was established after August 7, submitted, a copy of the preliminary determina- 1980, on the capacity of the source or modification, and a copy or summary of other materials, if tion otherwise to emit a pollutant, such as a reany, considered in making the preliminary deterstriction on hours of operation, then the requiremination. ments of paragraphs (j) through (s) of this section (iii) Notify the public, by advertisement in a shall apply to the source or modification as though newspaper of general circulation in each region in construction had not yet commenced on the source which the proposed source would be constructed, or modification. of the application, the preliminary determination, (s) Innovative control technology. (1) The plan the degree of increment consumption that is exmay provide that an owner or operator of a propected from the source or modification, and of the posed major stationary source or major modificaopportunity for comment at a public hearing as tion may request the reviewing authority to apwell as written public comment. prove a system of innovative control technology. (iv) Send a copy of the notice of public com- (2) The plan may provide that the reviewing aument to the applicant, the Administrator and to ofthority may, with the consent of the governor(s) of ficials and agencies having cognizance over the loother affected state(s), determine that the source or cation where the proposed construction would modification may employ a system of innovative occur as follows: Any other State or local air polcontrol technology, if: lution control agencies, the chief executives of the (i) The proposed control system would not city and county where the source would be locause or contribute to an unreasonable risk to pubcated; any comprehensive regional land use planlic health, welfare, or safety in its operation or ning agency, and any State, Federal Land Manfunction; ager, or Indian Governing body whose lands may (ii) The owner or operator agrees to achieve a be affected by emissions from the source or modilevel of continuous emissions reduction equivalent fication. to that which would have been required under (v) Provide opportunity for a public hearing for paragraph (j)(2) of this section, by a date specified interested persons to appear and submit written or by the reviewing authority. Such date shall not be oral comments on the air quality impact of the later than 4 years from the time of startup or 7 source, alternatives to it, the control technology reyears from permit issuance; quired, and other appropriate considerations. (iii) The source or modification would meet the (vi) Consider all written comments submitted requirements equivalent to those in paragraphs (j) within a time specified in the notice of public and (k) of this section, based on the emissions rate comment and all comments received at any public that the stationary source employing the system of hearing(s) in making a final decision on the apinnovative control technology would be required 22 § 51.166 to meet on the date specified by the reviewing au- (iii) The reviewing authority decides at any time thority; that the proposed system is unlikely to achieve the (iv) The source or modification would not berequired level of control or to protect the public fore the date specified by the reviewing authority: health, welfare, or safety. (a) Cause or contribute to any violation of an (4) The plan may provide that if a source or applicable national ambient air quality standard; or modification fails to meet the required level of (b) Impact any area where an applicable increcontinuous emissions reduction within the speciment is known to be violated; fied time period, or if the approval is withdrawn (v) All other applicable requirements including in accordance with paragraph (s)(3) of this section, those for public participation have been met. the reviewing authority may allow the source or (vi) The provisions of paragraph (p) of this secmodification up to an additional 3 years to meet tion (relating to Class I areas) have been satisfied the requirement for the application of best availwith respect to all periods during the life of the able control technology through use of a demsource or modification. onstrated system of control. (3) The plan shall provide that the reviewing authority shall withdraw any approval to employ a (Sees. 101(b)(1). 110, 160-169, 171-178, and 301(a), system of innovative control technology made Clean Air Act, as amended (42 U.S.C. 7401(b)(1). 7410, under this section, if: 7470-7479, 7501-7508, and 7601(a)): sec. 129(a). Clean (i) The proposed system fails by the specified Air Act Amendments of 1977 (Pub. L. 95-95, 91 Stat. date to achieve the required continuous emissions 685 (Aug. 7. 1977))) reduction rate; or [43 FR 26382, June 19, 1978] (ii) The proposed system fails before the speci- EDITORIAL NOTE: For FEDERAL REGISTER citations affied date so as to contribute to an unreasonable fecting $51.166, see the List of CFR Sections Affected risk to public health, welfare, or safety; or in the Finding Aids section of this volume. 23 40 CRF SECCIÓN 52.21 Environmental Protection Agency, EPA § 52.21 Region 4, 345 Courtland Street. N.E., State from the provisions of subpart N Atlanta. GA 30365. of this chapter which require all (5) Illinois, Indiana, Michigan, Minsources and categories of sources to nesota. Ohio. and Wisconsin. EPA Recomply with applicable requirements gion 5. 77 West Jackson Boulevard, Chiof the plancago, IL 60604-3507. (a) As expeditiously as practicable (6) Arkansas, Louisiana, New Mexico, where the requirement is part of a con- Oklahoma. and Texas. EPA Region 6. trol strategy designed to attain a pri- Fountain Place, 1445 Ross Avenue, mary standard, and Suite 1200, Dallas, TX 75202-2733. (b) Within a reasonable time where (7) Iowa, Kansas, Missouri, and Nethe requirement is part of a control braska. EPA Region 7. 726 Minnesota strategy designed to attain a secondary Avenue. Kansas City, KS 66101. standard. (8) Colorado, Montana, North Dakota, South Dakota, Utah. and Wyo- 137 FR 19808. Sept. 22. 1972. as amended at 39 FR 34535. Sept. 26. 1974: 51 FR 40676. Nov. 7. ming. EPA Region 8. 999 18th Street, 1986] Suite 500, Denver, CO 80202-2466. (9) Arizona, California, Hawaii, Ne- § 52.21 Prevention of significant detevada, American Samoa, and Guam. rioration of air quality. EPA. Region 9. 75 Hawthorne Street, (a) Plan disapproval. The provisions of San Francisco, CA 94105. this section are applicable to any State (10) Alaska, Idaho. Oregon, and Washimplementation plan which has been ington. EPA. Region 10. 1200 6th Avenue, Seattle. WA 98101. disapproved with respect to prevention of significant deterioration of air qual- [6] FR 16061. Apr. 11. 1996] ity in any portion of any State where the existing air quality is better than § 52.17 Severability of provisions. the national ambient air quality stand- The provisions promulgated in this ards. Specific disapprovals are listed part and the various applications where applicable. in subparts B thereof are distinct and severable. If through DDD of this part. The proviany provision of this part or the applisions of this section have been incorcation thereof to any person or cirporated by reference into the applicacumstances is held invalid. such invable implementation plans for various lidity shall not affect other provisions States, as provided in subparts B or application of such provision to through DDD of this part. Where this other persons or circumstances which section is so incorporated, the provican be given effect without the Invalid sions shall also be applicable to all provision or application. lands owned by the Federal Goverment and Indian Reservations located In 137 FR 19808. Sept 22. 1972] such State. No disapproval with re- § 52.18 Abbreviations. spect to a State's failure to prevent significant deterioration of air quality Abbreviations used in this part shall shall invalidate or otherwise affect the be those set forth in part 60 of this obligations of States. emission sources, chapter. or other persons with respect to all [38 FR 12698. May 14. 1873) portions of plans approved or promulgated under this part. § 52.20 Attainment dates for national (b) Definitions. For the purposes of standards. this section: Each subpart contains a section (1)(i) Major stationary source means: which specifies the latest dates by (a) Any of the following stationary which national standards are to be atsources of air pollutants which emits. tained in each region in the State. An or has the potential to emit. 100 tons attainment date which only refers to a per year or more of any pollutant submonth and a year (such as July 1975) ject to regulation under the Act: Fossil shall be construed to mean the last day fuel-fired steam electric plants of more of the month in question. However, the than 250 million British thermal units specification of attainment dates for per hour heat input. coal cleaning national standards does not relieve any plants (with thermal dryers). kraft 5 § 52.21 40 CFR Ch. I (7-1-98 Edition) pulp mills. portland cement plants, pri- (f) Hydrofluoric, sulfuric, or nitric mary zinc smelters, iron and steel mill acid plants: plants, primary aluminum ore reduc- $ Petroleum refineries; tion plants. primary copper smelters. (k) Lime plants; municipal incinerators capable of (1) Phosphate rock processing plants; charging more than 250 tons of refuse (m) Coke oven batteries; per day, hydrofluoric, sulfuric, and ni- (n) Sulfur recovery plants; tric acid plants, petroleum refineries, (o) Carbon black plants (furnace lime plants, phosphate rock processing process); plants, coke oven batteries, sulfur re- (p) Primary lead smelters; covery plants, carbon black plants (fur- (q) Fuel conversion plants; nace process), primary lead smelters, (r) Sintering plants: fuel conversion plants, sintering (s) Secondary metal production plants, secondary metal production plants; plants, chemical process plants, fossil (t) Chemical process plants: fuel boilers (or combinations thereof) (u) Fossil-fuel boilers (or combinatotaling more than 250 million British tion thereof) totaling more than 250 thermal units per hour heat input, pemillion British thermal units per hour troleum storage and transfer units heat input; with a total storage capacity exceeding (v) Petroleum storage and transfer 300,000 barrels, taconite ore processing units with a total storage capacity explants. glass fiber processing plants, ceeding 300,000 barrels; and charcoal production plants: (w) Taconite ore processing plants; (b) Notwithstanding the stationary (x) Glass fiber processing plants; source size specified in paragraph (y) Charcoal production plants; (b)(1)(i) of this section, any stationary (z) Fossil fuel-fired steam electric source which emits, or has the potenplants of more that 250 million British tial to emit, 250 tons per year or more thermal units per hour heat input, and of any air pollutant subject to regula- (aa) Any other stationary source cattion under the Act; or egory which, as of August 7, 1980, is (c) Any physical change that would being regulated under section 111 or 112 occur at a stationary source not otherof the Act. wise qualifying under paragraph (b)(1) (2)(i) Major modification means any of this section, as a major stationary physical change in or change in the source, if the changes would constitute method of operation of a major sta- a major stationary source by itself. tionary source that would result in a (ii) A major stationary source that is significant net emissions Increase of major for volatile organic compounds any pollutant subject to regulation shall be considered major for ozone. under the Act. (iii) The fugitive emissions of a sta- (ii) Any net emissions increase that tionary source shall not be included in is significant for volatile organic comdetermining for any of the purposes of pounds shall be considered significant this section whether it is a major stafor ozone. tionary source, unless the source be- (lii) A physical change or change in longs to one of the following categories the method of operation shall not inof stationary sources: clude: (a) Coal cleaning plants (with ther- (a) Routine maintenance, repair and mal dryers): replacement; (b) Use of an alternative fuel or raw (b) Kraft pulp mills; material by reason of an order under (c) Portland cement plants: sections 2 (a) and (b) of the Energy (d) Primary zinc smelters; Supply and Environmental Coordina- (e) Iron and steel mills; tion Act of 1974 (or any superseding (f) Primary aluminum ore reduction legislation) or by reason of a natural plants: gas curtailment plant pursuant to the (g) Primary copper smelters; Federal Power Act; (h) Municipal incinerators capable of (c) Use of an alternative fuel by reacharging more than 250 tons of refuse son of an order or rule under section per day; 125 of the Act; 6 Environmental Protection Agency, EPA § 52.21 (d) Use of an alternative fuel at a ent air quality standards during the steam generating unit to the extent project and after it is terminated. that the fuel is generated from munic- (f) The installation or operation of a ipal solid waste; permanent clean coal technology dem- (e) Use of an alternative fuel or raw onstration project that constitutes material by a stationary source which: repowering, provided that the project (1) The source was capable of accomdoes not result in an increase in the pomodating before January 6. 1975, unless tential to emit of any regulated pollutsuch change would be prohibited under ant emitted by the unit. This exempany federally enforceable permit condition shall apply on a pollutant-by-poltion which was established after Janulutant basis. ary 6. 1975 pursuant to 40 CFR 52.21 or (k) The reactivation of a very clean under regulations approved pursuant to coal-fired electric utility steam gener- 40 CFR subpart I or 40 CFR 51.166; or ating unit. (2) The source is approved to use (3)(1) Net emissions increase means the under any permit issued under 40 CFR amount by which the sum of the fol- 52.21 or under regulations approved lowing exceeds zero: pursuant to 40 CFR 51.166; (f) An increase in the hours of oper- (a) Any increase in actual emissions from a particular physical change or ation or in the production rate, unless change in method of operation at a stasuch change would be prohibited under any federally enforceable permit conditionary source; and tion which was established after Janu- (b) Any other increases and decreases in actual emissions at the source that ary 6, 1975. pursuant to 40 CFR 52.21 or under regulations approved pursuant to are contemporaneous with the par- 40 CFR subpart I or 40 CFR 51.166. ticular change and are otherwise creditable. (g) Any change in ownership at a stationary source. (ii) An increase or decrease in actual (h) The addition, replacement or use emissions is contemporaneous with the of a pollution control project at an exincrease from the particular change isting electric utility steam generating only if it occurs between: unit, unless the Administrator deter- (a) The date five years before conmines that such addition, replacement, struction on the particular change or use renders the unit less environcommences; and mentally beneficial, or except: (b) The date that the increase from (1) When the Administrator has reathe particular change occurs. son to believe that the pollution con- (iii) An Increase or decrease in actual trol project would result in a signifiemissions is creditable only if the Adcant net Increase in representative acministrator has not relied on it in tual annual emissions of any criteria issuing a permit for the source under pollutant over levels used for that this section, which permit is in effect source in the most recent air quality when the increase in actual emissions impact analysis in the area conducted from the particular change occurs. for the purpose of title I, if any, and (iv) An increase or decrease in actual (2) The Administrator determines emissions of sulfur dioxide, particulate that the increase will cause or conmatter, or nitrogen oxide, which occurs tribute to a violation of any national before the applicable minor source ambient air quality standard or PSD baseline date is creditable only if it is increment, or visibility limitation. required to be considered in calcu- (i) The installation, operation, ceslating the amount of maximum allowsation, or removal of a temporary able Increases remaining available. clean coal technology demonstration With respect to particulate matter, project, provided that the project comonly PM-10 emissions can be used to plies with: evaluate the net emissions increase for (1) The State implementation plan PM-10. for the State In which the project is lo- (v) An increase in actual emissions is cated, and creditable only to the extent that the (2) Other requirements necessary to new level of actual emissions exceeds attain and maintain the national ambithe old level. 7 § 52.21 40 CFR Ch. I (7-1-98 Edition) (vi) A decrease in actual emissions is Classification Manual, 1972, as amended creditable only to the extent that: by the 1977 Supplement (U. S. Govern- (a) The old level of actual emissions ment Printing Office stock numbers or the old level of allowable emissions, 4101-0066 and 003-005-00176-0, respecwhichever is lower, exceeds the new tively). level of actual emissions; (7) Emissions unit means any part of a (b) It is federally enforceable at and stationary source which emits or would after the time that actual construction have the potential to emit any polluton the particular change begins; and ant subject to regulation under the (c) It has approximately the same Act. qualitative significance for public (8) Construction means any physical health and welfare as that attributed change or change in the method of opto the increase from the particular eration (including fabrication, erecchange. tion, installation, demolition, or modi- (vii) [Reserved] fication of an emissions unit) which (viii) An increase that results from a would result in a change in actual physical change at a source occurs emissions. when the emissions unit on which con- (9) Commence as applied to construcstruction occurred becomes opertion of a major stationary source or ational and begins to emit a particular major modification means that the pollutant. Any replacement unit that owner or operator has all necessary requires shakedown becomes operpreconstruction approvals or permits ational only after a reasonable shakeand either has: down period, not to exceed 180 days. (i) Begun, or caused to begin. a con- (4) Potential to emit means the maxtinuous program of actual on-site conimum capacity of a stationary source struction of the source, to be comto emit a pollutant under its physical pleted within a reasonable time: or and operational design. Any physical (ii) Entered into binding agreements or operational limitation on the capacor contractual obligations, which canity of the source to emit a pollutant. not be cancelled or modified without including air pollution control equipsubstantial loss to the owner or operment and restrictions on hours of operator, to undertake a program of actual ation or on the type or amount of maconstruction of the source to be comterial combusted, stored. or processed. pleted within a reasonable time. shall be treated as part of its design if (10) Necessary preconstruction approvthe limitation or the effect it would als or permits means those permits or have on emissions is federally enforceapprovals required under Federal air able. Secondary emissions do not count quality control laws and regulations in determining the potential to emit of and those air quality control laws and a stationary source. regulations which are part of the appli- (5) Stationary source means any buildcable State Implementation Plan. ing, structure, facility, or installation (11) Begin actual construction means, which emits or may emit any air polin general, initiation of physical onlutant subject to regulation under the site construction activities on an emis- Act. sions unit which are of a permanent (6) Building, structure, facility. or innature. Such activities include, but are stallation means all of the pollutantnot limited to, installation of building emitting activities which belong to the supports and foundations, laying unsame industrial grouping, are located derground pipework and construction on one or more contiguous or adjacent of permanent storage structures. With properties, and are under the control of respect to a change in method of operthe same person (or persons under comations, this term refers to those on-site mon control) except the activities of activites other than preparatory acany vessel. Pollutant-emitting activitivities which mark the initiation of ties shall be considered as part of the the change. same industrial grouping if they belong (12) Best available control technology to the same "Major Group" (i.e., which means an emissions limitation (includhave the same first two digit code) as ing a visible emission standard) based described in the Standard Industrial on the maximum degree of reduction 8 Environmental Protection Agency, EPA § 52.21 for each pollutant subject to regulation affect the applicable maximum allowunder Act which would be emitted from able increase(s): any proposed major stationary source (a) Actual emissions from any major or major modification which the Adstationary source on which construcministrator. on a case-by-case basis, tion commenced after the major source taking into account energy, environbaseline date: and mental, and economic impacts and (b) Actual emissions increases and other costs, determines is achievable decreases at any stationary source OCfor such source or modification curring after the minor source baseline through application of production procdate. esses or available methods, systems. (14)(i) Major source baseline date and techniques, including fuel cleaning means: or treatment or innovative fuel com- (a) In the case of particulate matter bustion techniques for control of such and sulfur dioxide, January 6. 1975, and pollutant. In no event shall application (b) In the case of nitrogen dioxide, of best available control technology re- February 8, 1988. sult in emissions of any pollutant (ii) "Minor source baseline date" which would exceed the emissions almeans the earliest date after the triglowed by any applicable standard under ger date on which a major stationary 40 CFR parts 60 and 61. If the Adminissource or a major modification subject trator determines that technological or to 40 CFR 52.21 or to regulations apeconomic limitations on the applicaproved pursuant to 40 CFR 51.166 subtion of measurement methodology to a mits a complete application under the particular emissions unit would make relevant regulations. The trigger date the imposition of an emissions stand- Is: ard infeasible. a design, equipment, (a) In the case of particulate matter work practice, operational standard, or and sulfur dioxide, August 7. 1977, and combination thereof, may be pre- (b) In the case of nitrogen dioxide, scribed instead to satisfy the require- February 8, 1988. ment for the application of best avail- (iii) The baseline date is established able control technology. Such standard for each pollutant for which increshall, to the degree possible, set forth ments or other equivalent measures have been established if: the emissions reduction achievable by implementation of such design, equip- (a) The area in which the proposed source or modification would construct ment. work practice or operation. and shall provide for compliance by means is designated as attainment or unclassifiable under section 107(d)(i) which achieve equivalent results. (D) or (E) of the Act for the pollutant (13)(i) "Baseline concentration" on the date of its complete application means that ambient concentration under 40 CFR 52.21; and level which exists in the baseline area (b) In the case of a major stationary at the time of the applicable minor source, the pollutant would be emitted source baseline date. A baseline conin significant amounts, or, in the case centration is determined for each polof a major modification, there would be lutant for which a baseline date is es- a significant net emissions Increase of tablished and shall include: the pollutant. (a) The actual emissions representa- (iv) Any minor source baseline date tive of sources in existence on the apestablished originally for the TSP inplicable minor source baseline date, excrements shall remain in effect and cept as provided In paragraph (b)(13)(ii) shall apply for purposes of determining of this section; the amount of available PM-10 incre- (b) The allowable emissions of major ments, except that the Administrator stationary sources which commenced shall rescind a minor source baseline construction before the major source date where It can be shown, to the satbaseline date but were not in operation isfaction of the Administrator, that by the applicable minor source baseline the emissions increase from the major date. stationary source, or net emissions in- (ii) The following will not be included crease from the major modification, rein the baseline concentration and will sponsible for triggering that date did 9 § 52.21 40 CFR Ch. I (7-1-98 Edition) not result in a significant amount of quirements within any applicable State PM-10 emissions. implementation plan, any permit re- (15)(i) Baseline area means any intraquirements established pursuant to 40 state area (and every part thereof) des- CFR 52.21 or under regulations apignated as attainment or unclassifiable proved pursuant to 40 CFR part 51, subunder section 107(d)(1) (D) or (E) of the part I. including operating permits Act in which the major source or major issued under an EPA-approved program modification establishing the minor that is incorporated into the State imsource baseline date would construct or plementation plan and expressly rewould have an air quality impact equal quires adherence to any permit Issued to or greater than 1 µg/m³ (annual averunder such program. age) of the pollutant for which the (18) Secondary emissions means emisminor source baseline date is estabsions which would occur as a result of lished. the construction or operation of a (ii) Area redesignations under section major stationary source or major 107(d)(1) (D) or (E) of the Act cannot modification, but do not come from the Intersect or be smaller than the area of major stationary source or major Impact of any major stationary source modification itself. Secondary emisor major modification which: sions Include emissions from any off- (a) Establishes a minor source basesite support facility which would not line date: or be constructed or increase its emis- (b) Is subject to 40 CFR 52.21 and sions except as a result of the construcwould be constructed in the same state tion or operation of the major staas the state proposing the redesignationary source or major modification. tion. Secondary emissions do not include (iii) Any baseline area established any emissions which come directly originally for the TSP increments shall from a mobile source, such as emisremain in effect and shall apply for sions from the tailpipe of a motor vehipurposes of determining the amount of cle, from a train. or from a vessel. available PM-10 increments, except that such baseline area shall not re- (i) Emissions from ships or trains main in effect if the Administrator recoming to or from the new or modified scinds the corresponding minor source stationary source: and baseline date in accordance with para- (ii) Emissions from any offsite supgraph (b)(14)(iv) of this section. port facility which would not otherwise (16) Allowable emissions means the be constructed or increase its emisemissions rate of a stationary source sions as a result of the construction or calculated using the maximum rated operation of the major stationary capacity of the source (unless the source or major modification. source is subject to federally enforce- (19) Innovative control technology able limits which restrict the operating means any system of air pollution conrate, or hours of operation, or both). trol that has not been adequately demand the most stringent of the folonstrated in practice, but would have a lowing: substantial likelihood of achieving (i) The applicable standards as set greater continuous emissions reduction forth in 40 CFR parts 60 and 61; than any control system in current (ii) The applicable State Implementapractice or of achieving at least comtion Plan emissions limitation, includparable reductions at lower cost in ing those with a future compliance terms of energy, economics, or nonair date; or quality environmental impacts. (iii) The emissions rate specified as a (20) Fugitive emissions means those federally enforceable permit condition. emissions which could not reasonably including those with a future complipass through a stack, chimney, vent, or ance date. other functionally equivalent opening. (17) Federally enforceable means all (21)(i) Actual emissions means the aclimitations and conditions which are tual rate of emissions of a pollutant enforceable by the Administrator, infrom an emissions unit, as determined cluding those requirements developed In accordance with paragraphs (b)(21) pursuant to 40 CFR parts 60 and 61, re- (ii) through (iv) of this section. 10 Environmental Protection Agency, EPA § 52.21 (ii) In general, actual emissions as of Pollutant and Emissions Rate a particular date shall equal the average rate, in tons per year, at which the Carbon monoxide: 100 tons per year (tpy) unit actually emitted the pollutant Nitrogen oxides: 40 tpy during a two-year period which pre- Sulfur dioxide: 40 tpy Particulate matter: cedes the particular date and which is 25 tpy of particulate matter emissions: representative of normal source oper- 15 tpy of PM10 emissions ation. The Administrator shall allow Ozone: 40 tpy of volatile organic compounds the use of a different time period upon Lead: 0.6 tpy a determination that it is more rep- Asbestos: 0.007 tpy resentative of normal source operation. Beryllium: 0.0004 tpy Actual emissions shall be calculated Mercury: 0.1 tpy using the unit's actual operating Vinyl chloride: 1 tpy hours, production rates, and types of Fluorides: 3 tpy materials processed, stored, or com- Sulfuric acid mist: 7 tpy busted during the selected time period. Hydrogen sulfide (H 2 S): 10 tpy (iii) The Administrator may presume Total reduced sulfur (including H 2 S): 10 tpy that source-specific allowable emis- Reduced sulfur compounds (including H₂ S): sions for the unit are equivalent to the 10 tpy actual emissions of the unit. Municipal waste combustor organics (measured as total tetra- through octa- (iv) For any emissions unit (other chlorinated dibenzo-p-dioxins and than an electric utility steam generdibenzofurans): 3.2 x 10⁻⁶ megagrams per ating unit specified in paragraph year (3.5 x 10⁻⁶ tons per year). Municipal (b)(21)(v) of this section) which has not waste combustor metals (measured as parbegun normal operations on the particulate matter): 14 megagrams per year ticular date, actual emissions shall (15 tons per year) equal the potential to emit of the unit Municipal waste combustor acid gases (measured as sulfur dioxide and hydrogen on that date. chloride): 36 megagrams per year (40 tons (v) For an electric utility steam genper year) erating unit (other than a new unit or Municipal solid waste landfills emissions the replacement of an existing unit) (measured as nonmethane organic comactual emissions of the unit following pounds): 45 megagrams per year (50 tons the physical or operational change per year) shall equal the representative actual (ii) Significant means. in reference to annual emissions of the unit, provided a net emissions increase or the potenthe source owner or operator maintains tial of a source to emit a pollutant suband submits to the Administrator on ject to regulation under the Act that an annual basis for a period of 5 years paragraph (b)(23)(i) of this section. does from the date the unit resumes regular not list, any emissions rate. operation, information demonstrating (lii) Notwithstanding paragraph that the physical or operational change (b)(23)(i) of this section, significant did not result in an emissions increase. means any emissions rate or any net A longer period, not to exceed 10 years, emissions increase associated with a may be required by the Administrator major stationary source or major If he determines such a period to be modification, which would construct more representative of normal source within 10 kilometers of a Class I area, post-change operations. and have an impact on such area equal (22) Complete means, in reference to to or greater than 1 µg/m³, (24-hour avan application for a permit, that the erage). application contains all of the Informa- (24) Federal Land Manager means, tion necessary for processing the appliwith respect to any lands in the United cation. States, the Secretary of the depart- (23) (i) Significant means, in reference ment with authority over such lands. to a net emissions Increase or the po- (25) High terrain means any area havtential of a source to emit any of the ing an elevation 900 feet or more above following pollutants, a rate of emisthe base of the stack of a source. sions that would equal or exceed any of (26) Low terrain means any area other the following rates: than high terrain. 11 $52.21 40 CFR Ch. I (7-1-98 Edition) (27) Indian Reservation means any fedbut not limited to natural gas or coal erally recognized reservation estabre-burning. or the co-firing of natural lished by Treaty, Agreement. executive gas and other fuels for the purpose of order, or act of Congress. controlling emissions; (28) Indian Governing Body means the (iii) A permanent clean coal techgoverning body of any tribe, band, or nology demonstration project congroup of Indians subject to the jurisdicducted under title II, section 101(d) of tion of the United States and recogthe Further Continuing Appropriations nized by the United States as pos- Act of 1985 (sec. 5903(d) of title 42 of the sessing power of self government. United States Code), or subsequent ap- (29) Adverse impact on visibility means propriations, up to a total amount of visibility impairment which interferes $2,500,000,000 for commercial demwith the management, protection, onstration of clean coal technology, or preservation or enjoyment of the visisimilar projects funded through approtor's visual experience of the Federal priations for the Environmental Pro- Class I area. This determination must tection Agency; or be made on a case-by-case basis taking (iv) A permanent clean coal techinto account the geographic extent, innology demonstration project that contensity, duration, frequency and time stitutes a repowering project. of visibility impairment. and how these (33) Representative actual annual emisfactors correlate with (1) times of vissions means the average rate, in tons itor use of the Federal Class I area. and per year, at which the source is pro- (2) the frequency and timing of natural jected to emit a pollutant for the twoconditions that reduce visibility. year period after a physical change or (30) Volatile organic compounds (VOC) change in the method of operation of a is as defined in $51.100(s) of this chapunit, (or a different consecutive twoter. year period within 10 years after that (31) Electric utility steam generating change, where the Administrator deterunit means any steam electric genermines that such period is more repating unit that is constructed for the resentative of normal source operpurpose of supplying more than oneations). considering the effect any such third of its potential electric output change will have on increasing or decapacity and more than 25 MW eleccreasing the hourly emissions rate and trical output to any utility power dison projected capacity utilization. In tribution system for sale. Any steam projecting future emissions the Adminsupplied to a steam distribution sysistrator shall: tem for the purpose of providing steam (i) Consider all relevant information, to a steam-electric generator that including but not limited to, historical would produce electrical energy for operational data, the company's own sale is also considered in determining representations, filings with the State the electrical energy output capacity or Federal regulatory authorities, and of the affected facility. compliance plans under title IV of the (32) Pollution control project means Clean Air Act; and any activity or project undertaken at (ii) Exclude, in calculating any inan existing electric utility steam gencrease in emissions that results from erating unit for purposes of reducing the particular physical change or emissions from such unit. Such activichange in the method of operation at ties or projects are limited to: an electric utility steam generating (i) The installation of conventional unit, that portion of the unit's emisor innovative pollution control techsions following the change that could nology. Including but not limited to have been accommodated during the advanced flue gas desulfurization, sorrepresentative baseline period and is bent injection for sulfur dioxide and niattributable to an increase in projected trogen oxides controls and electrocapacity utilization at the unit that is static precipitators: unrelated to the particular change, in- (ii) An activity or project to accomcluding any increased utilization due modate switching to a fuel which is to the rate of electricity demand less polluting than the fuel in use prior growth for the utility system as a to the activity or project. including. whole. 12 Environmental Protection Agency, EPA $52.21 (34) Clean coal technology means any onstration funding as of January 1, technology, including technologies ap- 1991, by the Department of Energy. plied at the precombustion, combus- (iii) The Administrator shall give extion, or post combustion stage. at a pedited consideration to permit applinew or existing facility which will cations for any source that satisfies achieve significant reductions in air the requirements of this subsection and emissions of sulfur dioxide or oxides of is granted an extension under section nitrogen associated with the utiliza- 409 of the Clean Air Act. tion of coal in the generation of elec- (38) Reactivation of a very clean coaltricity. or process steam which was not fired electric utility steam generating unit in widespread use as of November 15. means any physical change or change 1990. in the method of operation associated (35) Clean coal technology demonstrawith the commencement of commercial tion project means a project using funds operations by a coal-fired utility unit appropriated under the heading "Deafter a period of discontinued operation partment of Energy-Clean Coal Techwhere the unit: nology", up to a total amount of (i) Has not been in operation for the $2,500,000,000 for commercial demtwo-year period prior to the enactment onstration of clean coal technology. or of the Clean Air Act Amendments of similar projects funded through appro- 1990, and the emissions from such unit priations for the Environmental Procontinue to be carried in the permittection Agency. The Federal contributing authority's emissions inventory at tion for a qualifying project shall be at the time of enactment; least 20 percent of the total cost of the (ii) Was equipped prior to shut-down demonstration project. with a continuous system of emissions (36) Temporary clean coal technology control that achieves a removal effidemonstration project means a clean ciency for sulfur dioxide of no less than coal technology demonstration project 85 percent and a removal efficiency for that is operated for a period of 5 years particulates of no less than 98 percent; or less, and which complies with the (iii) Is equipped with low-NOx burners State implementation plans for the prior to the time of commencement of State in which the project is located operations following reactivation; and and other requirements necessary to (iv) Is otherwise in compliance with attain and maintain the national ambithe requirements of the Clean Air Act. ent air quality standards during the (c) Ambient air increments. In areas project and after it is terminated. designated as Class I, II or III, in- (37) (i) Repowering means replacecreases in pollutant concentration over ment of an existing coal-fired boiler the baseline concentration shall be with one of the following clean coal limited to the following: technologies: atmospheric or pressurized fluidized bed combustion, inte- Maximum allowable ingrated gasification combined cycle. Pollutant crease magnetohydrodynamics, direct and in- (micrograms per cubic direct coal-fired turbines, integrated meter) gasification fuel cells, or as determined Class I by the Administrator, in consultation with the Secretary of Energy. a deriva- Particulate matter: tive of one or more of these tech- PM-10, annual arithmetic mean 4 nologies, and any other technology ca- PM-10, 24-hr maximum 8 pable of controlling multiple combus- Sulfur dioxide: Annual arithmetic mean 2 tion emissions simultaneously with im- 24-hr maximum 5 proved boiler or generation efficiency 3-hr maximum 25 and with significantly greater waste Nitrogen dioxide: reduction relative to the performance Annual arithmetic mean 2.5 of technology in widespread commer- Class II cial use as of November 15, 1990. (ii) Repowering shall also include any Particulate matter: oil and/or gas-fired unit which has been PM-10, annual arithmetic mean 17 awarded clean coal technology dem- PM-10. 24-hr maximum 30 13 § 52.21 40 CFR Ch. I (7-1-98 Edition) Maximum (i) An area which as of August 7, 1977. allowable inexceeded 10,000 acres in size and was a Pollutant crease (micrograms national monument, a national primiper cubic meter) tive area, a national preserve, a national recreational area, a national Sulfur dioxide: wild and scenic river, a national wild- Annual arithmetic mean 20 24-hr maximum 91 life refuge, a national lakeshore or sea- 3-hr maximum 512 shore: and Nitrogen dioxide: (ii) A national park or national wil- Annual arithmetic mean 25 derness area established after August 7, 1977. which exceeds 10,000 acres in size. Class III (f) [Reserved] Particulate matter (g) Redesignation. (1) All areas (except PM-10, annual arithmetic mean 34 as otherwise provided under paragraph PM-10, 24-hr maximum 60 (e) of this section) are designated Class Sulfur dioxide: Annual arithmetic mean 40 II as of December 5. 1974. Redesignation 24-hr maximum 182 (except as otherwise precluded by para- 3-hr maximum 700 graph (e) of this section) may be pro- Nitrogen dioxide: Annual arithmetic mean 50 posed by the respective States or Indian Governing Bodies, as provided For any period other than an annual below. subject to approval by the Adperiod, the applicable maximum allowministrator as a revision to the appliable increase may be exceeded during cable State implementation plan. one such period per year at any one lo- (2) The State may submit to the Adcation. ministrator a proposal to redesignate (d) Ambient air ceilings. No concentraareas of the State Class I or Class II tion of a pollutant shall exceed: provided that: (1) The concentration permitted (i) At least one public hearing has under the national secondary ambient been held in accordance with proceair quality standard, or dures established in $51.102 of this (2) The concentration permitted chapter; under the national primary ambient (ii) Other States, Indian Governing air quality standard, whichever con- Bodies, and Federal Land Managers centration is lowest for the pollutant whose lands may be affected by the for a period of exposure. proposed redesignation were notified at (e) Restrictions on area classifications. least 30 days prior to the public hear- (1) All of the following areas which ing; were in existence on August 7, 1977, (iii) A discussion of the reasons for shall be Class I areas and may not be the proposed redesignation, including a redesignated: satisfactory description and analysis of (i) International parks, the health, environmental, economic, (ii) National wilderness areas which social and energy effects of the proexceed 5,000 acres in size, posed redesignation, was prepared and (iii) National memorial parks which made available for public inspection at exceed 5,000 acres in size. and least 30 days prior to the hearing and (iv) National parks which exceed 6,000 the notice announcing the hearing conacres in size. tained appropriate notification of the (2) Areas which were redesignated as availability of such discussion; Class I under regulations promulgated (iv) Prior to the issuance of notice rebefore August 7, 1977, shall remain specting the redesignation of an area Class I. but may be redesignated as that includes any Federal lands, the provided in this section. State has provided written notice to (3) Any other area, unless otherwise the appropriate Federal Land Manager specified in the legislation creating and afforded adequate opportunity (not such an area, is initially designated In excess of 60 days) to confer with the Class II, but may be redesignated as State respecting the redesignation and provided in this section. to submit written comments and rec- (4) The following areas may be redesommendations. In redesignating any ignated only as Class I or II: area with respect to which any Federal 14 Environmental Protection Agency, EPA $52.21 Land Manager had submitted written designated only by the appropriate Incomments and recommendations. the dian Governing Body. The appropriate State shall have published a list of any Indian Governing Body may submit to inconsistency between such redesignathe Administrator a proposal to redestion and such comments and rec- Ignate areas Class I, Class II, or Class ommendations (together with the rea- III: Provided, That: sons for making such redesignation (i) The Indian Governing Body has against the recommendation of the followed procedures equivalent to Federal Land Manager); and those required of a State under para- (v) The State has proposed the redesignation after consultation with the graphs (g)(2), (g) (g)(3)(iiii). and (g)(3)(iv) of this section: and elected leadership of local and other substate general purpose governments (ii) Such redesignation is proposed in the area covered by the proposed reafter consultation with the State(s) in designation. which the Indian Reservation is lo- (3) Any area other than an area to cated and which border the Indian Reswhich paragraph (e) of this section reervation. fers may be redesignated as Class III (5) The Administrator shall disif- approve, within 90 days of submission, (i) The redesignation would meet the a proposed redesignation of any area requirements of paragraph (g)(2) of this only if he finds, after notice and opporsection: tunity for public hearing, that such re- (ii) The redesignation, except any esdesignation does not meet the procetablished by an Indian Governing Body, dural requirements of this paragraph has been specifically approved by the or is inconsistent with paragraph (e) of Governor of the State, after consultathis section. If any such disapproval tion with the appropriate committees occurs, the classification of the area of the legislature, if It is in session, or shall be that which was in effect prior with the leadership of the legislature, to the redesignation which was disif It is not in session (unless State law approved. provides that the redesignation must (6) If the Administrator disapproves be specifically approved by State legisany proposed redesignation, the State lation) and If general purpose units of or Indian Governing Body, as approlocal government representing a mapriate, may resubmit the proposal after jority of the residents of the area to be correcting the deficiencies noted by redesignated enact legislation or pass the Administrator. resolutions concurring in the redesig- (h) Stack heights. (1) The degree of nation: emission limitation required for con- (lil) The redesignation would not trol of any air pollutant under this seccause, or contribute to, a concentration shall not be affected in any mantion of any air pollutant which would ner byexceed any maximum allowable increase permitted under the classifica- (i) So much of the stack height of tion of any other area or any national any source as exceeds good engineering ambient air quality standard; and practice. or (iv) Any permit application for any (ii) Any other dispersion technique. major stationary source or major (2) Paragraph (h)(1) of this section modification, subject to review under shall not apply with respect to stack paragraph (1) of this section, which heights in existence before December could receive a permit under this sec- 31, 1970, or to dispersion techniques imtion only if the area in question were plemented before then. redesignated as Class III, and any ma- (I) Review of major stationary sources terial submitted as part of that appliand major modifications-Source applicacation, were available insofar as was bility and exemptions. (1) No stationary practicable for public inspection prior source or modification to which the reto any public hearing on redesignation quirements of paragraphs (j) through of the area as Class III. (r) of this section apply shall begin ac- (4) Lands within the exterior boundtual construction without a permit aries of Indian Reservations may be rewhich states that the stationary source 15 § 52.21 40 CFR Ch. I (7-1-98 Edition) or modification would meet those re- (a) Obtained all final Federal, state quirements. The Administrator has auand local preconstruction approvals or thority to issue any such permit. permits necessary under the applicable (2) The requirements of paragraphs State Implementation Plan before (j) through (r) of this section shall March 1, 1978: apply to any major stationary source (b) Commenced construction before and any major modification with re- March 19, 1979; and spect to each pollutant subject to regu- (c) Did not discontinue construction lation under the Act that it would for a period of 18 months or more and emit, except as this section otherwise completed construction within a reaprovides. sonable time; or (3) The requirements of paragraphs (v) The source or modification was (j) through (r) of this section apply not subject to 40 CFR 52.21 as in effect only to any major stationary source or on June 19, 1978 or under the partial major modification that would be constay of regulations published on Febstructed in an area designated as atruary 5, 1980 (45 FR 7800), and the owner tainment or unclassifiable under secor operator: tion 107(d)(1)(D) or (E) of the Act. (a) Obtained all final Federal, state (4) The requirements of paragraphs and local preconstruction approvals or (j) through (r) of this section shall not permits necessary under the applicable apply to a particular major stationary State Implementation Plan before Ausource or major modification, if; gust 7. 1980; (i) Construction commenced on the (b) Commenced construction within source or modification before August 7, 18 months from August 7, 1980, or any 1977. The regulations at 40 CFR 52.21 as earlier time required under the appliin effect before August 7, 1977, shall cable State Implementation Plan; and govern the review and permitting of (c) Did not discontinuue construction any such source or modification; or for a period of 18 months or more and (ii) The source or modification was completed construction within a reasubject to the review requirements of sonable time; or 40 CFR 52.21(d)(1) as in effect before (vi) The source or modification would March 1, 1978, and the owner or operbe a nonprofit health or nonprofit eduator: cational institution. or a major modi- (a) Obtained under 40 CFR 52.21 a fication would occur at such an institufinal approval effective before March 1, tion, and the governor of the state in 1978; which the source or modification would (b) Commenced construction before be located requests that It be exempt March 19, 1979; and from those requirements; or (c) Did not discontinue construction (vii) The source or modification for a period of 18 months or more and would be a major stationary source or completed construction within a reamajor modification only If fugitive sonable time; or emissions, to the extent quantifiable, (iii) The source or modification was are considered in calculating the posubject to 40 CFR 52.21 as in effect betential to emit of the stationary source fore March 1, 1978, and the review of an or modification and the source does not application for approval for the stabelong to any of the following cattionary source or modification under 40 egories: CFR 52.21 would have been completed (a) Coal cleaning plants (with therby March 1, 1978, but for an extension mal dryers); of the public comment period pursuant (b) Kraft pulp mills; to a request for such an extension. In (c) Portland cement plants; such a case, the application shall con- (d) Primary zinc smelters; tinue to be processed. and granted or (e) Iron and steel mills; denied, under 40 CFR 52.21 as in effect (f) Primary aluminum ore reduction prior to March 1. 1978; or plants; (iv) The source or modification was (g) Primary copper smelters; not subject to 40 CFR 52.21 as in effect (h) Municipal incinerators capable of before March 1, 1978. and the owner or charging more than 250 tons of refuse operator: per day: 16 Environmental Protection Agency, EPA $52.21 (i) Hydrofluoric. sulfuric, or nitric July 31, 1987, and the owner or operacid plants: ator: (j) Petroleum refineries; (a) Obtained all final Federal, State, (k) Lime plants: and local preconstruction approvals or (1) Phosphate rock processing plants: permits necessary under the applicable (m) Coke oven batteries; State implementation plan before July (n) Sulfur recovery plants: 31, 1987; (o) Carbon black plants (furnace (b) Commenced construction within process): 18 months after July 31, 1987, or any (p) Primary lead smelters; earlier time required under the State (q) Fuel conversion plants; implementation plan; and (r) Sintering plants; (c) Did not discontinue construction (s) Secondary metal production for a period of 18 months or more and plants: completed construction within a rea- (t) Chemical process plants; sonable period of time. (u) Fossil-fuel boilers (or combina- (x) The source or modification was tion thereof) totaling more than 250 million British thermal units per hour subject to 40 CFR 52.21, with respect to heat input; particulate matter. as in effect before (v) Petroleum storage and transfer July 31, 1987 and the owner or operator units with a total storage capacity exsubmitted an application for a permit under this section before that date, and ceeding 300,000 barrels: (w) Taconite ore processing plants; the Administrator subsequently deter- (x) Glass fiber processing plants; mines that the application as sub- (y) Charcoal production plants; mitted was complete with respect to (2) Fossil fuel-fired steam electric the particular matter requirements plants of more than 250 million British then in effect in the section. Instread, thermal units per hour heat input: the requirments of paragraphs (j) (aa) Any other stationary source catthrough (r) of this section that were in egory which, as of August 7, 1980. is effect before July 31, 1987 shall apply to such source or modifiction. being regulated under section 111 or 112 of the Act; or (5) The requirements of paragraphs (viii) The source is a portable sta- (j) through (r) of this section shall not tionary source which has previously reapply to a major stationary source or ceived a permit under this section, and major modification with respect to a (a) The owner or operator proposes to particular pollutant if the owner or oprelocate the source and emissions of erator demonstrates that, as to that the source at the new location would pollutant, the source or modification is be temporary; and located in an area designated as non- (b) The emissions from the source attainment under section 107 of the would not exceed its allowable emis- Act. sions; and (6) The requirements of paragraphs (c) The emissions from the source (k), (m) and (o) of this section shall not would impact no Class I area and no apply to a major stationary source or area where an applicable increment is major modification with respect to a known to be violated; and particular pollutant, if the allowable (d) Reasonable notice is given to the emissions of that pollutant from the Administrator prior to the relocation source, or the net emissions increase of identifying the proposed new location that pollutant from the modification: and the probable duration of operation (i) Would impact no Class I area and at the new location. Such notice shall no area where an applicable increment be given to the Administrator not less is known to be violated, and than 10 days in advance of the proposed (ii) Would be temporary. relocation unless a different time dura- (7) The requirements of paragraphs tion is previously approved by the Ad- (k), (m) and (o) of this section as they ministrator. relate to any maximum allowable in- (ix) The source or modification was crease for a Class II area shall not not subject to $52.21, with respect to apply to a major modification at a staparticulate matter, as In effect before tionary source that was in existence on 17 $52.21 40 CFR Ch. I (7-1-98 Edition) March 1, 1978, if the net increase in albefore August 7, 1980, and the Adminislowable emissions of each pollutant trator subsequently determines that subject to regulation under the Act the application as submitted before from the modification after the applithat date was complete. Instead, the cation of best available control techrequirements at 40 CFR 52.21(j) and (n) nology would be less than 50 tons per as in effect on June 19, 1978 apply to year. any such source or modification. (8) The Administrator may exempt a stationary source or modification from (10)(i) The requirements for air qualthe requirements of paragraph (m) of ity monitoring in paragraphs (m) (1) (ii) this section, with respect to monithrough (iv) of this section shall not toring for a particular pollutant if: apply to a particular source or modi- (i) The emissions increase of the polfication that was subject to 40 CFR lutant from the new source or the net 52.21 as in effect on June 19, 1978, If the emissions increase of the pollutant owner or operator of the source or from the modification would cause, in modification submits an application any area, air quality Impacts less than for a permit under this section on or the following amounts: before June 8, 1981, and the Administrator subsequently determines that Carbon monoxide-575 µg/m³, 8-hour average; the application as submitted before Nitrogen dioxide-14 µg/m³ annual average; Particulate matter-10 µg/m³ of PM-10. 24- that date was complete with respect to hour average: the requirements of this section other Sulfur dioxide-13 µg/m³, 24-hour average; than those in paragraphs (m) (ii) Ozone; 1 through (iv) of this section, and with Lead-0.1 µg/m³, 3-month average; respect to the requirements for such Mercury-0.25 µg/m³, 24-hour average: analyses at 40 CFR 52.21 as in ef- Berylllum-0.001 µg/m³, 24-hour average: Fluorides-0.25 µg/m³, 24-hour average; fect on June 19, 1978. Instead, the latter Vinyl chloride-15 µg/m³, 24-hour average; requirements shall apply to any such Total reduced sulfur-10 µg/m³, 1-hour aversource or modification. age; (ii) The requirements for air quality Hydrogen sulfide-0.2 µg/m³, 1-hour avermonitoring in paragraphs (m)(1) (ii) age: through (iv) of this section shall not Reduced sulfur compounds-10 µg/m³, 1- hour average; or apply to a particular source or modification that was not subject to 40 CFR (ii) The concentrations of the pollut- 52.21 as in effect on June 19, 1978, if the ant in the area that the source or owner or operator of the source or modification would affect are less than modification submits an application the concentrations listed in paragraph for a permit under this section on or (1)(8)(1) of this section, or the pollutant before June 8, 1981, and the Adminisis not listed in paragraph (1)(8)(1) of trator subsequently determines that this section. the application as submitted before (9) The requirements for best availthat date was complete, except with reable control technology in paragraph (j) of this section and the requirements spect to the requirements in paragraphs (m)(1) (ii) through (iv). for air quality analyses in paragraph (m) of this section. shall not apply to (11)(i) At the discretion of the Admin- a particular stationary source or modiistrator, the requirements for air qualfication that was subject to 40 CFR ity monitoring of PM₁₀ in paragraphs 52.21 as in effect on June 19, 1978, if the (m)(1) (f)-(iv) of this section may not owner or operator of the source or apply to a particular source or modimodification submitted an application fication when the owner or operator of for a permit under those regulations the source or modification submits an application for a permit under this section on or before June 1, 1988 and the 1 No de minimis air quality level is provided for ozone. However, any net increase of 100 Administrator subsequently detertons per year or more of volatile organic mines that the application as subcompounds subject to PSD would be required mitted before that date was complete, to perform an ambient Impact analysis inexcept with respect to the requirecluding the gathering of ambient air quality ments for monitoring particulate matdata. ter in paragraphs (m)(1) (I)-(iv). 18 Environmental Protection Agency, EPA 52.21 (ii) The requirements for air quiality modification shall meet each applicamonitoring pf PM₁₀ in paragraphs ble emissions limitation under the (m)(1). (ii) and (iv) and (m)(3) of this State Implementation Plan and each section shall apply to a particular applicable emissions standard and source or modification if the owner or standard of performance under 40 CFR operator of the source or modification parts 60 and 61. submits an application for a permit (2) A new major stationary source under this section after June 1. 1988 shall apply best available control techand no later than December 1. 1988. The nology for each pollutant subject to data shall have been gathered over at regulation under the Act that it would least the period from February 1, 1988 have the potential to emit in signifito the date the application becomes cant amounts. otherwise complete in accordance with (3) A major modification shall apply the provisions set forth under parabest available control technology for graph (m)(1)(viii) of this section, except each pollutant subject to regulation that if the Administrator determines under the Act for which it would result that a complete and adequate analysis in a significant net emissions increase can be accomplished with monitoring at the source. This requirement applies data over a shorter period (not to be to each proposed emissions unit at less than 4 months), the data that parawhich a net emissions increase in the graph (m)(1)(iii) requires shall have pollutant would occur as a result of a been gathered over a shorter period. physical change or change in the meth- (12) The requirements of paragraph od of operation in the unit. (k)(2) of this section shall not apply to a stationary source or modification (4) For phased construction projects, the determination of best available with respect to any maximum allowable increase for nitrogen oxides if the control technology shall be reviewed owner or operator of the source or and modified as appropriate at the latest reasonable time which occurs no modification submitted an application for a permit under this section before later than 18 months prior to commencement of construction of each the provisions embodying the maximum allowable increase took effect as independent phase of the project. At part of the applicable implementation such time, the owner or operator of the plan and the Administrator subseapplicable stationary source may be requently determined that the applicaquired to demonstrate the adequacy of tion as submitted before that date was any previous determination of best complete. available control technology for the (13) The requirements in paragraph source. (k)(2) of this section shall not apply to (k) Source impact analysis. The owner a stationary source or modification or operator of the proposed source or with respect to any maximum allowmodification shall demonstrate that able increase for PM-10 if (i) the owner allowable emission increases from the or operator of the source or modificaproposed source or modification. in tion submitted an application for a perconjunction with all other applicable mit under this section before the proviemissions increases or reductions (insions embodying the maximum allowcluding secondary emissions). would able increases for PM-10 took effect in not cause or contribute to air pollution an implementation plan to which this in violation of: section applies. and (ii) the Adminis- (1) Any national ambient air quality trator subsequently determined that standard in any air quality control rethe application as submitted before gion: or that date was otherwise complete. In- (2) Any applicable maximum allowstead, the requirements in paragraph able increase over the baseline con- (k)(2) shall apply with respect to the centration in any area. maximum allowable increases for TSP (1) Air quality models. (1) All estimates as in effect on the date the application of ambient concentrations required was submitted. under this paragraph shall be based on (j) Control technology review. (1) A applicable air quality models, data major stationary source or major bases, and other requirements specified 19 § 52.21 40 CFR Ch. I (7-1-98 Edition) in appendix W of part 51 of this chapter complete and adequate analysis can be (Guideline on Air Quality Models). accomplished with monitoring data (2) Where an air quality model specigathered over a period shorter than one fied in appendix W of part 51 of this year (but not to be less than four chapter (Guideline on Air Quality Modmonths), the data that is required shall els) is inappropriate. the model may be have been gathered over at least that modified or another model substituted. shorter period. Such a modification or substitution of (v) For any application which be- a model may be made on a case-by-case comes complete, except as to the rebasis or, where appropriate, on a gequirements of paragraphs (m)(1) (iii) neric basis for a specific state program. and (iv) of this section, between June 8, Written approval of the Administrator 1981, and February 9, 1982. the data that must be obtained for any modification paragraph (m)(1)(iii) of this section, reor substitution. In addition, use of a quires shall have been gathered over at modified or substituted model must be least the period from February 9. 1981, subject to notice and opportunity for to the date the application becomes public comment under procedures deotherwise complete, except that: veloped in accordance with paragraph (a) If the source or modification (q) of this section. would have been major for that pollut- (m) Air quality analysis-(1) Preappliant under 40 CFR 52.21 as in effect on cation analysis. (I) Any application for a June 19, 1978, any monitoring data permit under this section shall contain shall have been gathered over at least an analysis of ambient air quality In the period required by those regulathe area that the major stationary tions. source or major modification would af- (b) If the Administrator determines fect for each of the following pollutthat a complete and adequate analysis ants: can be accomplished with monitoring (a) For the source, each pollutant data over a shorter period (not to be that It would have the potential to less than four months), the data that omit in a significant amount; paragraph (m)(1)(iii) of this section. re- (b) For the modification, each pollutquires shall have been gathered over at ant for which it would result in a sigleast that shorter period. nificant net emissions increase. (c) If the monitoring data would re- (ii) With respect to any such pollutlate exclusively to ozone and would not ant for which no National Ambient Air have been required under 40 CFR 52.21 Quality Standard exists, the analysis as in effect on June 19, 1978, the Adminshall contain such air quality moniistrator may waive the otherwise applitoring data as the Administrator detercable requirements of this paragraph mines is necessary to assess ambient (v) to the extent that the applicant air quality for that pollutant in any shows that the monitoring data would area that the emissions of that pollutbe unrepresentative of air quality over ant would affect. a full year. (iii) With respect to any such pollut- (vi) The owner or operator of a proant (other than nonmethane hydroposed stationary source or modificacarbons) for which such a standard tion of violatile organic compounds does exist, the analysis shall contain who satisfies all conditions of 40 CFR continuous air quality monitoring data part 51 Appendix S, section IV may gathered for purposes of determining provide post-approval monitoring data whether emissions of that pollutant for ozone in lieu of providing would cause or contribute to a violapreconstruction data as requried under tion of the standard or any maximum paragraph (m)(1) of this section. allowable increase. (vii) For any application that be- (iv) In general. the continuous air comes complete, except as to the requality monitoring data that is requirements of paragraphs (m)(1) (iii) quired shall have been gathered over a and (iv) pertaining to PM₁₀, after Deperiod of at least one year and shall cember 1, 1988 and no later than August represent at least the year preceding 1, 1989 the data that paragraph receipt of the application, except that, (m)(1)(iii) requires shall have been if the Administrator determines that a gathered over at least the period from 20 Environmental Protection Agency, EPA § 52.21 August 1, 1988 to the date the applica- (iii) A detailed description as to what tion becomes otherwise complete, exsystem of continuous emission reduccept that if the Administrator detertion is planned for the source or modimines that a complete and adequate fication. emission estimates, and any analysis can be accomplished with other information necessary to determonitoring data over a shorter period mine that best available control tech- (not to be less than 4 months). the data nology would be applied. that paragraph (m) (1) (iii) requires shall (2) Upon request of the Adminishave been gathered over that shorter trator, the owner or operator shall also period. provide information on: (viii) With respect to any require- (i) The air quality impact of the ments for air quality monitoring of source or modification, including mete- PM₁₀ under paragraphs (f)(11) (i) and (ii) of this section the owner or operorological and topographical data necator of the source or modification shall essary to estimate such impact; and use a monitoring method approved by (li) The air quality impacts, and the the Administratorand shall estimate nature and extent of any or all general the ambient concentrations of PM₁₀ commercial, residential, industrial, using the data collected by such apand other growth which has occurred proved monitoring method in accordsince August 7, 1977. in the area the ance with estimating procedures apsource or modification would affect. proved by the Administrator. (o) Additional Impact analyses. (1) The (2) Post-construction monitoring. owner or operator shall provide an The owner or operator of a major staanalysis of the impairment to visitionary source or major modification bility, soils and vegetation that would shall, after construction of the staoccur as a result of the source or moditionary source or modification, confication and general commercial, residuct such ambient monitoring as the dential, industrial and other growth as- Administrator determines is necessary sociated with the source or modificato determine the effect emissions from tion. The owner or operator need not the stationary source or modification provide an analysis of the impact on may have, or are having, on air quality vegetation having no significant comin any area. mercial or recreational value. (3) Operations of monitoring stations. (2) The owner or operator shall pro- The owner or operator of a major stavide an analysis of the air quality imtionary source or major modification pact projected for the area as a result shall meet the requirements of Appenof general commercial. residential, Indix B to part 58 of this chapter during dustrial and other growth associated the operation of monitoring stations with the source or modification. for purposes of satisfying paragraph (3) Visibility monitoring. The Adminis- (m) of this section. (n) Source information. The owner or trator may require monitoring of visioperator of a proposed source or modibility in any Federal class I area near fication shall submit all information the proposed new stationary source for necessary to perform any analysis or major modification for such purposes make any determination required and by such means as the Adminisunder this section. trator deems necessary and appro- (1) With respect to a source or modipriate. fication to which paragraphs (j), (I). (n) (p) Sources impacting Federal Class I and (p) of this section apply, such inareas-additional requirements-(1) Noformation shall include: tice to Federal land managers. The Ad- (1) A description of the nature, locaministrator shall provide written notion, design capacity, and typical opertice of any permit application for a ating schedule of the source or modiproposed major stationary source or fication, Including specifications and major modification. the emissions from drawings showing its design and plant which may affect a Class I area, to the layout; Federal land manager and the Federal (ii) A detailed schedule for construcofficial charged with direct responsition of the source or modification: bility for management of any lands 21 § 52.21 40 CFR Ch. I (7-1-98 Edition) within any such area. Such notificawould have an adverse impact on the tion shall include a copy of all Inforair quality-related values (including mation relevant to the permit applicavisibility) of those lands, notwithtion and shall be given within 30 days standing that the change in air quality of receipt and at least 60 days prior to resulting from emissions from such any public hearing on the application source or modification would not cause for a permit to construct. Such notifior contribute to concentrations which cation shall include an analysis of the would exceed the maximum allowable proposed source's anticipated impacts Increases for a Class I area. If the Adon visibility in the Federal Class I ministrator concurs with such demarea. The Administrator shall also proonstration. then he shall not issue the vide the Federal land manager and permit. such Federal officials with a copy of (5) Class I variances. The owner or opthe preliminary determination reerator of a proposed source or modiquired under paragraph (q) of this secfication may demonstrate to the Fedtion, and shall make available to them eral Land Manager that the emissions any materials used in making that defrom such source or modification would termination, promptly after the Adhave no adverse impact on the air qualministrator makes such determination. ity related values of any such lands (in- Finally, the Administrator shall also cluding visibility), notwithstanding notify all affected Federal land manthat the change in air quality resulting agers within 30 days of receipt of any from emissions from such source or advance notification of any such permodification would cause or contribute mit application. to concentrations which would exceed (2) Federal Land Manager. The Fedthe maximum allowable increases for a eral Land Manager and the Federal of- Class I area. If the Federal land manficial charged with direct responsiager concurs with such demonstration bility for management of such lands and he so certifies. the State may auhave an affirmative responsibility to thorize the Administrator: Provided, protect the air quality related values That the applicable requirements of (including visibility) of such lands and this section are otherwise met. to issue to consider, in consultation with the the permit with such emission limita- Administrator, whether a proposed tions as may be necessary to assure source or modification will have an adthat emissions of sulfur dioxide, particverse impact on such values. ulate matter. and nitrogen oxides (3) Visibility analysis. The Adminiswould not exceed the following maxtrator shall consider any analysis perimum allowable Increases over minor formed by the Federal land manager, source baseline concentration for such provided within 30 days of the notificapollutants: tion required by paragraph (p)(1) of this Maximum section, that shows that a proposed allowable in- Pollutant crease new major stationary source or major (micrograms modification may have an adverse imper cubic pact on visibility in any Federal Class meter) 1 area. Where the Administrator finds Particulate matter. that such an analysis does not dem- PM-10, annual arithmetic mean 17 PM-10, 24-hr maximum 30 onstrate to the satisfaction of the Ad- Sulfur dioxide: ministrator that an adverse impact on Annual arithmetic mean 20 visibility will result in the Federal 24-hr maximum 91 3-hr maximum 325 Class I area, the Administrator must, Nitrogen dioxide: in the notice of public hearing on the Annual arithmatic mean 25 permit application. either explain his decision or give notice as to where the (6) Sulfur dioxide variance by Governor explanation can be obtained. with Federal Land Manager's concur- (4) Denial-impact on air quality rerence. The owner or operator of a prolated values. The Federal Land Manager posed source or modification which of any such lands may demonstrate to cannot be approved under paragraph the Administrator that the emissions (q)(4) of this section may demonstrate from a proposed source or modification to the Governor that the source cannot 22 Environmental Protection Agency, EPA $52.21 be constructed by reason of any maxthan 18 days. not necessarily consecuimum allowable increase for sulfur ditive, during any annual period: oxide for a period of twenty-four hours or less applicable to any Class I area MAXIMUM ALLOWABLE INCREASE and, in the case of Federal mandatory (Micrograms per cubic meter] Class I areas, that a variance under Terrain areas this clause would not adversely affect Period of exposure Low High the air quality related values of the area (including visibility). The Gov- 24-hr maximum 36 62 ernor, after consideration of the Fed- 3-hr maximum 130 221 eral Land Manager's recommendation (if any) and subject to his concurrence, (q) Public participation. The Adminismay. after notice and public hearing. trator shall follow the applicable progrant a variance from such maximum cedures of 40 CFR part 124 in processing allowable increase. If such variance is applications under this section. The granted, the Administrator shall issue Administrator shall follow the proce- a permit to such source or modification dures at 40 CFR 52.21(r) as in effect on June 19, 1979, to the extent that the pursuant to the requirements of paragraph (q) (7) of this section: Provided. procedures of 40 CFR part 124 do not That the applicable requirements of apply. this section are otherwise met. (r) Source obligation. (1) Any owner or operator who constructs or operates a (7) Variance by the Governor with the source or modification not in accord- President's concurrence. In any case ance with the application submitted where the Governor recommends a pursuant to this section or with the variance in which the Federal Land terms of any approval to construct, or Manager does not concur, the recany owner or operator of a source or ommendations of the Governor and the modification subject to this section Federal Land Manager shall be transwho commences construction after the mitted to the President. The President effective date of these regulations may approve the Governor's recwithout applying for and receiving apommendation if he finds that the variproval hereunder, shall be subject to ance is in the national interest. If the appropriate enforcement action. variance is approved, the Adminis- (2) Approval to construct shall betrator shall issue a permit pursuant to come invalid if construction is not the requirements of paragraph (q) of commenced within 18 months after rethis section: Provided. That the appliceipt of such approval, if construction cable requirements of this section are is discontinued for a period of 18 otherwise met. months or more, or if construction is (8) Emission limitations for Presidential not completed within a reasonable or gubernatorial variance. In the case of time. The Administrator may extend a permit issued pursuant to paragraph the 18-month period upon a satisfac- (q) (5) or (6) of this section the source tory showing that an extension is justior modification shall comply with such fled. This provision does not apply to emission limitations as may be necthe time period between construction essary to assure that emissions of sulof the approved phases of a phased confur dioxide from the source or modistruction project; each phase must fication would not (during any day on commence construction within 18 which the otherwise applicable maxmonths of the projected and approved imum allowable increases are exceedcommencement date. ed) cause or contribute to concentra- (3) Approval to construct shall not tions which would exceed the following relieve any owner or operator of the remaximum allowable increases over the sponsibility to comply fully with applibaseline concentration and to assure cable provisions of the State implethat such emissions would not cause or mentation plan and any other requirecontribute to concentrations which exments under local. State, or Federal ceed the otherwise applicable maxlaw. Imum allowable increases for periods of (4) At such time that a particular exposure of 24 hours or less for more source or modification becomes a 23 § 52.21 40 CFR Ch. I (7-1-98 Edition) major stationary source or major shall be enforceable as part of such modification solely by virtue of a replan. In resolving such disputes relatlaxation in any enforceable limitation ing to area redesignation, the Adminiswhich was established after August 7, trator shall consider the extent to 1980, on the capacity of the source or which the lands involved are of suffimodification otherwise to emit a polcient size to allow effective air quality lutant. such as a restriction on hours management or have air quality reof operation, then the requirements or lated values of such an area. paragraphs (j) through (s) of this sec- (u) Delegation of authority. (1) The Adtion shall apply to the source or modiministrator shall have the authority to fication as though construction had delegate his responsibility for connot yet commenced on the source or ducting source review pursuant to this modification. section, in accordance with paragraphs (s) Environmental Impact statements. (v) (2) and (3) of this section. Whenever any proposed source or modi- (2) Where the Administrator delefication is subject to action by a Fedgates the responsibility for conducting eral Agency which might necessitate source review under this section to any preparation of an environmental imagency other than a Regional Office of pact statement pursuant to the Nathe Environmental Protection Agency, tional Environmental Policy Act (42 the following provisions shall apply: U.S.C. 4321), review by the Adminis- (i) Where the delegate agency is not trator conducted pursuant to this secan air pollution control agency. it shall tion shall be coordinated with the consult with the appropriate State and broad environmental reviews under local air pollution control agency prior that Act and under section 309 of the to making any determination under Clean Air Act to the maximum extent this section. Similarly, where the delefeasible and reasonable. gate agency does not have continuing (t) Disputed permits or redesignations. responsibility for managing land use, It If any State affected by the redesignashall consult with the appropriate tion of an area by an Indian Governing State and local agency primarily re- Body, or any Indian Governing Body of sponsible for managing land use prior a tribe affected by the redesignation of to making any determination under an area by a State, disagrees with such this section. redesignation, or If a permit is pro- (ii) The delegate agency shall send a posed to be issued for any major stacopy of any public comment notice retionary source or major modification quired under paragraph (r) of this secproposed for construction in any State tion to the Administrator through the which the Governor of an affected appropriate Regional Office. State or Indian Governing Body of an (3) The Administrator's authority for affected tribe determines will cause or reviewing a source or modification locontribute to a cumulative change in cated on an Indian Reservation shall air quality in excess of that allowed in not be redelegated other than to a Rethis part within the affected State or gional Office of the Environmental Indian Reservation, the Governor or Protection Agency, except where the Indian Governing Body may request State has assumed jurisdiction over the Administrator to enter into negosuch land under other laws. Where the tiations with the parties involved to State has assumed such jurisdiction. resolve such dispute. If requested by the Administrator may delegate his auany State or Indian Governing Body inthority to the States in accordance volved, the Administrator shall make a with paragraph (v)(2) of this section. recommendation to resolve the dispute (4) In the case of a source or modiand protect the air quality related valfication which proposes to construct in ues of the lands involved. If the parties a class III area, emissions from which involved do not reach agreement. the would cause or contribute to air qual- Administrator shall resolve the dispute ity exceeding the maximum allowable and his determination. or the results of increase applicable if the area were agreements reached through other designated a class II area, and where no means, shall become part of the applistandard under section 111 of the act cable State implementation plan and has been promulgated for such source 24 Environmental Protection Agency, EPA § 52.21 category, the Administrator must apnovative control technology made prove the determination of best availunder this section, if: able control technology as set forth in (i) The proposed system fails by the the permit. specified date to achieve the required (v) Innovative control technology. (1) continuous emissions reduction rate; An owner or operator of a proposed or major stationary source or major (ii) The proposed system fails before modification may request the Administhe specified date so as to contribute to trator in writing no later than the an unreasonable risk to public health. close of the comment period under 40 welfare, or safety; or CFR 124.10 to approve a system of Inno- (iii) The Administrator decides at vative control technology. any time that the proposed system is (2) The Administrator shall, with the unlikely to achieve the required level consent of the governor(s) of the afof control or to protect the public fected state(s), determine that the health, welfare, or safety. source or modification may employ a (4) If a source or modification fails to system of innovative control techmeet the required level of continuous nology, if: - emission reduction within the specified (i) The proposed control system time period or the approval is withwould not cause or contribute to an undrawn in accordance with paragraph reasonable risk to public health, wel- (v)(3) of this section, the Administrator fare. or safety in its operation or funcmay allow the source or modification tion: up to an additional 3 years to meet the (ii) The owner or operator agrees to requirement for the application of best achieve a level of continuous emissions available control technology through reduction equivalent to that which use of a demonstrated system of conwould have been required under paratrol. graph (j)(2) of this section. by a date (w) Permit rescission. (1) Any permit specified by the Administrator. Such issued under this section or a prior date shall not be later than 4 years version of this section shall remain in from the time of startup or 7 years effect, unless and until It expires under from permit issuance; paragraph (s) of this section or is re- (iii) The source or modification scinded. would meet the requirements of para- (2) Any owner or operator of a stagraphs (j) and (k) of this section, based tionary source or modification who on the emissions rate that the staholds a permit for the source or moditionary source employing the system fication which was issued under 40 CFR of innovative control technology would 52.21 as in effect on July 30, 1987, or any be required to meet on the date speciearlier version of this section. may refied by the Administrator; quest that the Administrator rescind (iv) The source or modification would the permit or a particular portion of not before the date specified by the Adthe permit. ministrator: (3) The Administrator shall grant an (a) Cause or contribute to a violation application for rescission if the appliof an applicable national ambient air cation shows that this section would quality standard; or not apply to the source or modifica- (b) Impact any area where an application. ble increment is known to be violated; (4) If the Administrator rescinds a and permit under this paragraph, the public (v) All other applicable requirements shall be given adequate notice of the including those for public participation rescission. Publication of an announcehave been met. ment of rescission in a newspaper of (vi) The provisions of paragraph (p) of general circulation in the affected rethis section (relating to Class I areas) gion within 60 days of the rescission have been satisfied with respect to all shall be considered adequate notice. periods during the life of the source or modification. [43 FR 26403, June 19, 1978) (3) The Administrator shall withdraw EDITORIAL NOTE: For FEDERAL REGISTER ciany approval to employ a system of intations affecting $52.21, see the List of CFR 25 40 CRF SECCIÓN 60.7(a)(4) Environmental Protection Agency, EPA § 60.7 DELEGATION STATUS OF NEW SOURCE PERFORMANCE STANDARDS-Continued ((NSPS) for Region VIII] Subpart CO MT1 ND' SD' UT' WY TTT-Piastic Parts for Business Machine Coatings (*) (*) (*) (*) (*) UUU-Calaners and Dryers in Mineral Industries (*) (*) (' VVV-Polymeric Coating of Supporting Substrates (*) (*) (*) (°) (*) WWW-Municipal Solid Waste Landfills (*) (*) Indicates approval of state regulation. Indicates approval of New Source Performance Standards as part of the State Implementation Plan (SIP) EDITORIAL NOTE: For FEDERAL REGISTER citations affecting $60.4 see the List of CFR Sec. tions Affected appearing in the Finding Aids section of this volume. 140 FR 18169. Apr. 25. 1975) prevent the Administrator from imple- § 60.5 Determination of construction menting or enforcing any provision of or modification. this part or taking any other action authorized by the Act. (a) When requested to do so by an owner or operator. the Administrator 136 FR 24877. Dec. 23. 1971. as amended at 39 will make a determination of whether FR 9314. Mar. 8, 1974] action taken or intended to be taken by such owner or operator constitutes § 60.7 Notification and record keeping. construction (including reconstruction) (a) Any owner or operator subject to or modification or the commencement the provisions of this part shall furnish thereof within the meaning of this the Administrator written notification part. as follows: (b) The Administrator will respond to (1) A notification of the date conany request for a determination under struction (or reconstruction as defined paragraph (a) of this section within 30 under $60.15) of an affected facility is days of receipt of such request. commenced postmarked no later than 30 days after such date. This require- [40 FR 58418. Dec. 16, 19751 ment shall not apply in the case of $60.6 Review of plans. mass-produced facilities which are purchased in completed form. (a) When requested to do so by an (2) A notification of the anticipated owner or operator. the Administrator date of initial startup of an affected fawill review plans for construction or cility postmarked not more than 60 modification for the purpose of prodays nor less than 30 days prior to such viding technical advice to the owner or date. operator. (3) A notification of the actual date (b)(1) A separate request shall be subof initial startup of an affected facility mitted for each construction or modipostmarked within 15 days after such fication project. date. (2) Each request shall identify the lo- (4) A notification of any physical or cation of such project. and be accomoperational change to an existing facilpanied by technical information deity which may increase the emission scribing the proposed nature. size. derate of any air pollutant to which a sign. and method of operation of each standard applies. unless that change is affected facility involved in such specifically exempted under an applicaproject. including information on any ble subpart or in $60.14(e). This notice equipment to be used for measurement shall be postmarked 60 days or as soon or control of emissions as practicable before the change is (c) Neither a request for plans review commenced and shall include informanor advice furnished by the Administion describing the precise nature of trator in response to such request shall the change. present and proposed emis- (1) relieve an owner or operator of legal sion control systems. productive capacresponsibility for compliance with any ity of the facility before and after the provision of this part or of any applicachange. and the expected completion ble State or local requirement. or (2) date of the change. The Administrator 23 § 60.7 40 CFR Ch. I (7-1-98 Edition) may request additional relevant inforter. as appropriate). Written reports of mation subsequent to this notice. excess emissions shall include the fol- (5) A notification of the date upon lowing information: which demonstration of the continuous (1) The magnitude of excess emismonitoring system performance comsions computed in accordance with mences in accordance with $60.13(c). $60.13(h). any conversion factor(s) used, Notification shall be postmarked not and the date and time of commenceless than 30 days prior to such date. ment and completion of each time pe- (6) A notification of the anticipated riod of excess emissions. The process date for conducting the opacity obseroperating time during the reporting pevations required by $60.11(e)(1) of this riod. part. The notification shall also in- (2) Specific identification of each peclude. if appropriate. a request for the riod of excess emissions that occurs Administrator to provide a visible during startups. shutdowns. and malemissions reader during a performance functions of the affected facility. The test. The notification shall be postnature and cause of any malfunction (if marked not less than 30 days prior to known). the corrective action taken or such date. preventative measures adopted. (7) A notification that continuous (3) The date and time identifying opacity monitoring system data results each period during which the continwill be used to determine compliance uous monitoring system was inoperwith the applicable opacity standard ative except for zero and span checks during a performance test required by and the nature of the system repairs or $60.8 in lieu of Method 9 observation data as allowed by § 60.11(e)(5) of this adjustments. (4) When no excess emissions have OCpart. This notification shall be postcurred or the continuous monitoring marked not less than 30 days prior to the date of the performance test. system(s) have not been inoperative, (b) Any owner or operator subject to repaired. or adjusted. such information the provisions of this part shall mainshall be stated in the report. tain records of the occurrence and du- (d) The summary report form shall ration of any startup. shutdown. or contain the information and be in the malfunction in the operation of an afformat shown in figure I unless otherfected facility: any malfunction of the wise specified by the Administrator. air pollution control equipment: or any One summary report form shall be subperiods during which a continuous mitted for each pollutant monitored at monitoring system or monitoring deeach affected facility. vice is inoperative. (1) If the total duration of excess (c) Each owner or operator required emissions for the reporting period is to install a continuous monitoring sysless than I percent of the total opertem (CMS) or monitoring device shall ating time for the reporting period and submit an excess emissions and moni- CMS downtime for the reporting period toring systems performance report (exis less than 5 percent of the total opercess emissions are defined in applicable ating time for the reporting period, subparts) and/or a summary report only the summary report form shall be form (see paragraph (d) of this section) submitted and the excess emission re- LO the Administrator semiannually. export described In $60.7(c) need not be cept when: more frequent reporting is submitted unless requested by the Adspecifically required by an applicable ministrator. subpart: or the CMS data are to be used (2) If the total duration of excess directly for compliance determination. emissions for the reporting period is 1 in which case quarterly reports shall be percent or greater of the total opersubmitted: or the Administrator. on a ating time for the reporting period or case-by-case basis. determines that the total CMS downtime for the reportmore frequent reporting is necessary to ing period is 5 percent or greater of the accurately assess the compliance statotal operating time for the reporting tus of the source. All reports shall be period, the summary report form and postmarked by the 30th day following the excess emission report described in the end of each calendar half (or quar- $60.7(c) shall both be submitted. 24 40 CRF SECCIÓN 60.8 § 60.8 40 CFR Ch. I (7-1-98 Edition) based. In the absence of a notice of dis- $60.8 Performance tests. approval within 45 days, approval is (a) Within 60 days after achieving the automatically granted. maximum production rate at which the (3) As soon as monitoring data indiaffected facility will be operated, but cate that the affected facility Is not in not later than 180 days after initial compliance with any emission limitastartup of such facility and at such tion or operating parameter specified other times as may be required by the in the applicable standard, the fre- Administrator under section 114 of the quency of reporting shall revert to the Act, the owner or operator of such fafrequency specified in the applicable cility shall conduct performance test(s) standard, and the owner or operator and furnish the Administrator a writshall submit an excess emissions and ten report of the results of such permonitoring systems performance reformance test(s). port (and summary report, if required) (b) Performance tests shall be conat the next appropriate reporting peducted and data reduced in accordance riod following the noncomplying event. with the test methods and procedures After demonstrating compliance with contained in each applicable subpart the applicable standard for another full unless the Administrator (1) specifies year, the owner or operator may again or approves, in specific cases, the use of request approval from the Adminis- a reference method with minor changes trator to reduce the frequency of rein methodology, (2) approves the use of porting for that standard as provided an equivalent method, (3) approves the for in paragraphs and (e)(2) of this use of an alternative method the resection. sults of which he has determined to be (f) Any owner or operator subject to adequate for indicating whether a spethe provisions of this part shall maincific source is in compliance, (4) waives tain a file of all measurements, includthe requirement for performance tests ing continuous monitoring system, because the owner or operator of a monitoring device, and performance source has demonstrated by other testing measurements; all continuous means to the Administrator's satisfacmonitoring system performance evaltion that the affected facility is In uations; all continuous monitoring syscompliance with the standard, or (5) tem or monitoring device calibration approves shorter sampling times and checks; adjustments and maintenance smaller sample volumes when necesperformed on these systems or devices; sitated by process variables or other and all other information required by factors. Nothing in this paragraph this part recorded in a permanent form shall be construed to abrogate the Adsuitable for inspection. The file shall ministrator's authority to require testbe retained for at least two years foling under section 114 of the Act. lowing the date of such measurements, (c) Performance tests shall be conmaintenance, reports, and records. ducted under such conditions as the (g) If notification substantially simi- Administrator shall specify to the lar to that in paragraph (a) of this secplant operator based on representative tion is required by any other State or performance of the affected facility. local agency, sending the Adminis- The owner or operator shall make trator a copy of that notification will available to the Administrator such satisfy the requirements of paragraph records as may be necessary to deter- (a) of this section. mine the conditions of the performance (h) Individual subparts of this part tests. Operations during periods of may include specific provisions which startup, shutdown, and malfunction clarify or make inapplicable the provishall not constitute representative sions set forth in this section. conditions for the purpose of a performance test nor shall emissions In [36 FR 24877, Dec. 28, 1971. as amended at 40 excess of the level of the applicable FR 46254. Oct. 6, 1975: 40 FR 58418, Dec. 16, 1975: 45 FR 5617, Jan. 23. 1980: 48 FR 48335. emission limit during periods of start- Oct. 18, 1983: 50 FR 53113, Dec. 27. 1985: 52 FR up. shutdown, and malfunction be con- 9781, Mar. 26, 1987: 55 FR 51382. Dec. 13, 1990; sidered a violation of the applicable 59 FR 12428, Mar. 16, 1994; 59 FR 47265, Sep. 15, emission limit unless otherwise speci- 1994] fled in the applicable standard. 26 Environmental Protection Agency, EPA $60.11 (d) The owner or operator of an afthis chapter. (Information submitted fected facility shall provide the Adminvoluntarily to the Administrator for istrator at least 30 days prior notice of the purposes of $§60.5 and 60.6 is govany performance test, except as specierned by $$2.201 through 2.213 of this fied under other subparts, to afford the chapter and not by $2.301 of this chap- Administrator the opportunity to have ter.) an observer present. (e) The owner or operator of an af- $60.10 State authority. fected facility shall provide, or cause The provisions of this part shall not to be provided, performance testing facilities as follows: be construed in any manner to preclude (1) Sampling ports adequate for test any State or political subdivision thereof from: methods applicable to such facility. This includes (i) constructing the air (a) Adopting and enforcing any emispollution control system such that volsion standard or limitation applicable umetric flow rates and pollutant emisto an affected facility, provided that such emission standard or limitation is sion rates can be accurately determined by applicable test methods and not less stringent than the standard procedures and (ii) providing a stack or applicable to such facility. duct free of cyclonic flow during per- (b) Requiring the owner or operator formance tests, as demonstrated by apof an affected facility to obtain perplicable test methods and procedures. mits, licenses. or approvals prior to ini- (2) Safe sampling platform(s). tiating construction, modification, or (3) Safe access to sampling platoperation of such facility. form(s). (4) Utilities for sampling and testing $60.11 Compliance with standards and equipment. maintenance requirements. (f) Unless otherwise specified in the (a) Compliance with standards in this applicable subpart, each performance part. other than opacity standards, test shall consist of three separate runs shall be determined in accordance with using the applicable test method. Each performance tests established by §60.8, run shall be conducted for the time and unless otherwise specified in the appliunder the conditions specified in the cable standard. applicable standard. For the purpose of (b) Compliance with opacity standdetermining compliance with an appliards in this part shall be determined by cable standard. the arithmetic means conducting observations in accordance of results of the three runs shall apply. with Reference Method 9 in appendix A In the event that a sample is accidenof this part, any alternative method tally lost or conditions occur in which that is approved by the Administrator, one of the three runs must be disconor as provided in paragraph (e)(5) of tinued because of forced shutdown, failthis section. For purposes of deterure of an irreplaceable portion of the mining initial compliance, the minsample train. extreme meteorological imum total time of observations shall conditions, or other circumstances, bebe 3 hours (30 6-minute averages) for yond the owner or operator's control. the performance test or other set of obcompliance may, upon the Administraservations (meaning those fugitivetor's approval, be determined using the type emission sources subject only to arithmetic mean of the results of the an opacity standard). two other runs. (c) The opacity standards set forth in [36 FR 24877, Dec. 23, 1971. as amended at 39 this part shall apply at all times except FR 9314, Mar. 8, 1974: 42 FR 57126, Nov. 1. 1977; during periods of startup, shutdown, 44 FR 33612. June 11. 1979; 54 FR 6662, Feb. 14. malfunction, and as otherwise provided 1989: 54 FR 21344. May 17. 1989] in the applicable standard. (d) At all times, including periods of §60.9 Availability of information. startup, shutdown, and malfunction, The availability to the public of inowners and operators shall. to the exformation provided to, or otherwise obtent practicable, maintain and operate tained by, the Administrator under any affected facility including associthis part shall be governed by part 2 of ated air pollution control equipment in 27 40 CRF SECCIÓN 60.18 Environmental Protection Agency, EPA § 60.17 Edition. 1980, IBR approved February 25, 1985 (j) Standard Methods for the Examfor $ 60.683(b). ination of Water and Wastewater, 16th (f) The following material is availedition, 1985. Method 303F Determinaable for purchase from the following tion of Mercury by the Cold Vapor address: Underwriter's Laboratories. Technique. This document may be ob- Inc. (UL). 333 Pfingsten Road. Northtained from the American Public brook, IL 60062. Health Association, 1015 18th Street, NW., Washington, DC 20036. and is in- (1) UL 103. Sixth Edition revised as of Sepcorporated by reference for Method 29. tember 3. 1986. Standard for Chimneys. Facpars 5.4.3; 6.3: and 7.2.3 of appendix A to tory-built. Residential Type and Building part 60. Heating Appliance. (k) This material is available for pur- (g) The following material is availchase from the American Hospital Asable for purchase from the following sociation (AHA) Service, Inc., Post Ofaddress: West Coast Lumber Inspection fice Box 92683, Chicago, Illinois 60675- Bureau, 6980 SW. Barnes Road, Port- 2683. You may inspect a copy at EPA's land. OR 97223. Air and Radiation Docket and Information Center (Docket A-91-61. Item IV- (1) West Coast Lumber Standard Grading J-124). Room M-1500. 401 M Street SW., Rules No. 16, pages 5-21 and 90 and 91. Sep- Washington, DC. tember 3. 1970. revised 1984. (1) An Ounce of Prevention: Waste Reduc- (h) The following material is availtion Strategies for Health Care Facilities. able for purchase from the American American Society for Health Care Environ- Society of Mechanical Engineers mental Services of the American Hospital (ASME). 345 East 47th Street. New Association. Chicago. Illinois. 1993. AHA York, NY 10017. Catalog No. 057007. ISBN 0-87258-673-5. IBR approved for $60.35e and 60.55c. (1) ASME QRO-1-1994. Standard for the Qualification and Certification of Resource (1) This material is available for pur- Recovery Facility Operators. IBR approved chase from the National Technical Infor $$60.56a. 60.54b(a). and 60.54b(b). formation Services, 5285 Port Royal (2) ASME PTC 4.1-1964 (Reaffirmed 1991). Road. Springfield, Virginia 22161. You Power Test Codes: Test Code for Steam Genmay inspect a copy at EPA's Air and erating Units (with 1968 and 1969 Addenda). Radiation Docket and Information IBR approved for 550.46b. 60.58a(h)(6)(ii). and Center (Docket A-91-61. Item IV-J-125). 60.58b(i)(6)(ii). Room M-1500, 401 M Street SW., Wash- (3) ASME Interim Supplement 19.5 on Inington. DC. struments and Apparatus: Application. Part II of Fluid Meters. 6th Edition (1971). IBR ap- (I) OMB Bulletin No. 93-17: Revised Statisproved for 5560.58a(h)(6)(11) and 60.58b(i)(6)(11). tical Definitions for Metropolitan Areas. Office of Management and Budget. June 30. (i) Test Methods for Evaluating Solid 1993. NTIS No. PB 93-192-664. IBR approved Waste. Physical/Chemical Methods." for $60.31e. EPA Publication SW-846 Third Edition (November 1986). as amended by Up- 148 FR 3735. Jan. 27, 1983] dates I (July. 1992). 11 (September 1994). EDITORIAL NOTE: For FEDERAL RECISTER ci- IIA (August. 1993). and IIB (January. tations affecting $60.17. see the List of CFR 1995). Test Method are incorporated by Sections Affected in the Finding Aids secreference for appendix A to part 60. tion of this volume. Method 29, pars. 2.2.1: 2.3.1: 2.5; 3.3.12.1; $60.18 General control device requirements. 3.3.12.2: 3.3.13: 3.3.14: 5.4.3: 6.2: 6.3: 7.2.1; (a) Introduction This section contains requirements for control devices used to 7.2.3: and Table 29-2. The Third Edition comply with applicable subparts of parts 60 of SW-846 and Updates 1. 11. 11A. and and 61. The requirements are placed here IIB (document number 955-001-00000-1) for administrative convenience and only are available from the Superintendent apply to facilities covered by subparts re. of Documents. U.S. Government Printferring to this section. ing Office. Washington. DC 20402. (202) (b) Flares. Paragraphs (c) through (f) apply 512-1800. Copies may be obtained from to Nares. the Library of the U.S. Environmental (c)(1) Flares shall be designed for and operated with no visible emissions as deter- Protection Agency 401 M Street. SW.. mined by the methods specified in para- Washington, DC 20460. graph (f). except for periods not to exceed 39 §60.17 40 CFR Ch. I (7-1-98 Edition) a total of 5 minutes during any 2 consecuspecified in paragraph (f)(5). and less than tive hours. 122 m/sec (400 ft/sec) are allowed. (2) Flares shall be operated with a flame (5) Air-assisted flares shall be designed and present at all times, as determined by the operated with an exit velocity less than methods specified in paragraph (f). the velocity. Vmax, as determined by the (3) An owner/operator has the choice of admethod specified In paragraph (f)(6). hering to either the heat content specifica- (6) Flares used to comply with this section tions in paragraph (c)(3)(II) of this section shall be steam-assisted, air-assisted, or and the maximum tip velocity specificanonassisted. tions in paragraph (c)(4) of this section, or (d) Owners or operators of flares used to adhering to the requirements In paragraph comply with the provisions of this subpart (c)(3)(i) of this section. shall monitor these control devices to en- (I)(A) Flares shall be used that have a disure that they are operated and mainameter of 3 Inches or greater, are nontained in conformance with their designs. assisted. have a hydrogen content of 8.0 Applicable subparts will provide provisions percent (by volume), or greater. and are destating how owners or operators of flares signed for and operated with an exit velocshall monitor these control devices. ity less than 37.2 m/sec (122 ft/sec) and less (e) Flares used to comply with provisions than the velocity, Vmax. as determined by of this subpart shall be operated at all the following equation: times when emissions may be vented to them. Vmax=(XH₂-K₁)* K2 (f)(1) Reference Method 22 shall be used to Where: determine the compliance of flares with Vmna-Maximum permitted velocity, m/sec. the visible emission provisions of this sub- K1=Constant. 6.0 volume-percent hydrogen. part. The observation period is 2 hours and K₂=Constant, 3.9(m/sec)/volume-percent hyshall be used according to Method 22. drogen. (2) The presence of a flare pilot flame shall XH₂=The volume-percent of hydrogen, on a be monitored using a thermocouple or any wet basis. as calculated by using the Amerother equivalent device to detect the presican Society for Testing and Materials ence of a flame. (ASTM) Method D1946-77. (Incorporated by (3) The net heating value of the gas being reference as specified in $60.17). combusted in a flare shall be calculated (B) The actual exit velocity of a flare shall using the following equation: be determined by the method specified in GPH SPAN=1' DEEP=31' paragraph (f)(4) of this section. PRTPAGE P='55' GID EC01JN92.008 (ii) Flares shall be used only with the net /GPH where: heating value of the gas being combusted being 11.2 MJ/scm (300 Btu/scf) or greater If HT=Net heating value of the sample, MJ/ the flare is steam-assisted or air-assisted: scm; where the net enthalpy per mole of or with the net heating value of the gas offgas is based on combustion at 25 °C and 760 being combusted being 7.45 MJ/scm (200 mm Hg, but the standard temperature for de- Btu/scf) or greater If the flare is nontermining the volume corresponding to one assisted. The net heating value of the gas mole is 20 °C; being combusted shall be determined by GPH SPAN='2' DEEP='58' the methods specified in paragraph (f)(3) of GID EC01JN92.009 this section. /GPH (4)(1) Steam-assisted and nonassisted flares C,=Concentration of sample component 1 in shall be designed for and operated with an ppm on a wet basis, as measured for organics exit velocity. as determined by the methby Reference Method 18 and measured for hyods specified in paragraph (f)(4) of this secdrogen and carbon monoxide by ASTM tion. less than 18.3 m/sec (60 ft/sec), except D1946-77 (Incorporated by reference as specias provided in paragraphs (c)(4) (ii) and (iii) fied in $60.17): and of this section. H;=Net heat of combustion of sample com- (ii) Steam-assisted and nonassisted flares ponent 1, kcal/g mole at 25 °C and 760 mm Hg. designed for and operated with an exit ve- The heats of combustion may be determined locity, as determined by the methods specusing ASTM D2382-76 (incorporated by ref- Ifled in paragraph (f)(4). equal to or greater erence as specified in $60.17) If published values are not available or cannot be calthan 18.3 m/sec (60 ft/sec) but less than 122 m/sec (400 ft/sec) are allowed If the net culated. heating value of the gas being combusted (4) The actual exit velocity of a flare shall is greater than 37.3 MJ/scm (1,000 Btu/scf). be determined by dividing the volumetric (III) Steam-assisted and nonassisted flares flowrate (in units of standard temperature designed for and operated with an exit veand pressure). as determined by Reference locity, as determined by the methods spec- Methods 2. 2A. 2C. or 2D as appropriate: by ified in paragraph (f)(4). less than the vethe unobstructed (free) cross sectional area locity, Vmax. as determined by the method of the flare tip. 40 Environmental Protection Agency, EPA $60.17 (5) The maximum permitted velocity. V mmx. (6) The maximum permitted velocity, Vmax. for flares complying with paragraph for air-assisted flares shall be determined (c)(4)(III) shall be determined by the folby the following equation. lowing equation. Logio Vπₜₓ=8.706+0.7084 (H₇) Vma-Maximum permitted velocity. M/sec Vmas=Maximum permitted velocity, m/sec 28.8=Constant 8.706=Constant 31.7=Constant 0.7084=Constant Hr=The net heating value as determined in H₇=The net heating value as determined in paragraph (f)(3). paragraph (f)(3). 41 40 CRF SECCIÓN 258.40 [51 FR 2701. Jan. 21. 1986, as amended at 63 the reporting frequency(ies) specified FR 24444, May 4. 1998) for such facility under this part, the owner or operator may change the § 60.19 General notification and reporting requirements. dates by which periodic reports under this part shall be submitted (without (a) For the purposes of this part. changing the frequency of reporting) to time periods specified in days shall be be consistent with the State's schedule measured in calendar days. even If the by mutual agreement between the word "calendar" is absent, unless othowner or operator and the State. The erwise specified in an applicable reallowance in the previous sentence apquirement. plies in each State beginning I year (b) For the purposes of this part, If an after the affected facility is required to explicit postmark deadline is not specibe in compliance with the applicable fied in an applicable requirement for subpart in this part. Procedures govthe submittal of a notification. applierning the implementation of this procation. report. or other written comvision are specified in paragraph (f) of munication to the Administrator, the this section. owner or operator shall postmark the (e) If an owner or operator supervises submittal on or before the number of one or more stationary sources affected days specified in the applicable reby standards set under this part and quirement. For example. If a notificastandards set under part 61. part 63. or tion must be submitted 15 days before both such parts of this chapter, he/she a particular event is scheduled to take may arrange by mutual agreement beplace. the notification shall be posttween the owner or operator and the marked on or before 15 days preceding Administrator (or the State with an the event: likewise. if a notification approved permit program) a common must be submitted 15 days after a parschedule on which periodic reports reticular event takes place, the notificaquired by each applicable standard tion shall be delivered or postmarked shall be submitted throughout the on or before 15 days following the end year. The allowance in the previous of the event. The use of reliable nonsentence applies in each State begin- Government mail carriers that provide ning I year after the stationary source indications of verifiable delivery of inis required to be in compliance with formation required to be submitted to the applicable subpart in this part. or 1 the Administrator. similar to the postyear after the stationary source is remark provided by the U.S. Postal Servquired to be in compliance with the apice. or alternative means of delivery plicable 40 CFR part 61 or part 63 of agreed to by the permitting authority. this chapter standard. whichever is latis acceptable. est. Procedures governing the imple- (c) Notwithstanding time periods or mentation of this provision are specipostmark deadlines specified in this fied in paragraph (I) of this section. part for the submittal of information (f)(1)(i) Until an adjustment of a time to the Administrator by an owner or period or postmark deadline has been operator. or the review of such inforapproved by the Administrator under mation by the Administrator. such paragraphs (I)(2) and (f)(3) of this sectime periods or deadlines may be tion. the owner or operator of an afchanged by mutual agreement between fected facility remains strictly subject the owner or operator and the Administo the requirements of this part. trator. Procedures governing the im- (ii) An owner or operator shall replementation of this provision are quest the adjustment provided for in specified in paragraph (f) of this secparagraphs (f)(2) and (f)(3) of this sec- Lion. tion each time he or she wishes to (d) If an owner or operator of an alchange an applicable time period or fected facility in a State with delepostmark deadline specified in this gated authority is required to submit part. periodic reports under this part to the (2) Notwithstanding time periods or State. and If the State has an estab. postmark deadlines specified in this lished timeline for the submission of part for the submittal of information periodic reports that IS consistent with to the Administrator by an owner or 1 Environmental Protection Agency, EPA $258.40 (3) Gas monitoring results from monleachate collection system that is deitoring and any remediation plans resigned and constructed to maintain quired by $258.23 of this part: less than a 30-cm depth of leachate (4) Any MSWLF unit design docuover the liner. mentation for placement of leachate or (b) For purposes of this section, comgas condensate in a MSWLF unit as reposite liner means a system consisting quired under $258.28(a)(2) of this part: of two components; the upper compo- (5) Any demonstration, certification, nent must consist of a minimum 30-mil finding, monitoring, testing, or analytflexible membrane liner (FML). and the ical data required by subpart E of this lower component must consist of at part; least a two-foot layer of compacted soil (6) Closure and post-closure care with a hydraulic conductivity of no plans and any monitoring. testing. or more than Ix10-7 cm/sec. FML compoanalytical data as required by $258.60 nents consisting of high density polyand 258.61 of this part: and ethylene (HDPE) shall be at least 60- (7) Any cost estimates and financial mil thick. The FML component must assurance documentation required by be installed in direct and uniform subpart G of this part. contact with the compacted soil com- (8) Any information demonstrating ponent. compliance with small community ex- (c) When approving a design that emption as required by $258.1(f)(2). complies with paragraph (a)(1) of this (b) The owner/operator must notify section, the Director of an approved the State Director when the documents State shall consider at least the folfrom paragraph (a) of this section have lowing factors: been placed or added to the operating (1) The hydrogeologic characteristics record, and all Information contained of the facility and surrounding land; in the operating record must be fur- (2) The climatic factors of the area; nished upon request to the State Direcand tor or be made available at all reason- (3) The volume and physical and able times for inspection by the State chemical characteristics of the Director. leachate. (c) The Director of an approved State (d) The relevant point of compliance can set alternative schedules for recspecified by the Director of an apordkeeping and notification requireproved State shall be no more than 150 ments as specified in paragraphs (a) meters from the waste management and (b) of this section, except for the unit boundary and shall be located on notification requirements in $258.10(b) land owned by the owner of the and §258.55(g)(1)(iii). MSWLF unit. In determining the relevant point of compliance State Direc- $258.30-258.39 [Reserved] tor shall consider at least the following factors: Subpart D-Design Criteria (1) The hydrogeologic characteristics of the facility and surrounding land; $258.40 Design criteria. (2) The volume and physical and (a) New MSWLF units and lateral exchemical characteristics of the leachpansions shall be constructed: ate; (1) In accordance with a design ap- (3) The quantity. quality. and direcproved by the Director of an approved tion, of flow of ground water; State or as specified in $258.40(e) for (4) The proximity and withdrawal unapproved States. The design must rate of the ground-water users; ensure that the concentration values (5) The availability of alternative listed in Table 1 of this section will not drinking water supplies; be exceeded in the uppermost aquifer (6) The existing quality of the ground at the relevant point of compliance, as water. including other sources of conspecified by the Director of an aptamination and their cumulative improved State under paragraph (d) of pacts on the ground water, and whether this section, or the ground water is currently used or (2) With a composite liner, as defined reasonably expected to be used for in paragraph (b) of this section and a drinking water; 11 $258.50 40 CFR Ch. I (7-1-98 Edition) (7) Public health, safety, and welfare (b) Ground-water monitoring requireeffects; and ments under $258.51 through $258.55 of (8) Practicable capability of the this part may be suspended by the Diowner or operator. rector of an approved State for a (e) If EPA does not promulgate a rule MSWLF unit if the owner or operator establishing the procedures and recan demonstrate that there is no poquirements for State compliance with tential for migration of hazardous con- RCRA section 4005(c)(1)(B) by October stituents from that MSWLF unit to the 9, 1993, owners and operators in unapuppermost aquifer (as defined in $258.2) proved States may utilize a design during the active life of the unit and meeting the performance standard in the post-closure care period. This dem- $258.40(a)(1) if the following conditions onstration must be certified by a qualiare met: fied ground-water scientist and ap- (1) The State determines the design proved by the Director of an approved meets the performance standard in State, and must be based upon: $258.40(a)(1): (1) Site-specific field collected meas- (2) The State petitions EPA to review urements, sampling. and analysis of its determination; and physical, chemical. and biological proc- (3) EPA approves the State deteresses affecting contaminant fate and mination or does not disapprove the detransport, and termination within 30 days. (2) Contaminant fate and transport NOTE TO SUBPART D: 40 CFR part 239 is repredictions that maximize contamiserved to establish the procedures and renant migration and consider impacts quirements for State compliance with RCRA on human health and environment. section 4005(c)(1)(B). (c) Owners and operators of MSWLF units, except those meeting the condi- TABLE 1 tions of $258.1(f). must comply with the Chemical MCL (mg/ ground-water monitoring requirements I) of this part according to the following schedule unless an alternative schedule Arsenic 0.05 Barium 1.0 is specified under paragraph (d) of this Benzene 0.005 section: Cadmium 0.01 (1) Existing MSWLF units and lateral Carbon tetrachloride 0.005 Chromium (hexavalent) 0.05 expansions less than one mile from a 2,4-Dichiorophenoxy acetic acid 0.1 drinking water intake (surface or sub- 1,4-Dichlorobenzene 0.075 surface) must be in compliance with 1,2-Dichloroethane 0.005 1.1-Dichloroethylene 0.007 the ground-water monitoring require- Endrin 0.0002 ments specified in $258.51-258.55 by Oc- Fluoride 4 tober 9, 1994; Lindane 0.004 (2) Existing MSWLF units and lateral Lead 0.05 Mercury 0.002 expansions greater than one mile but Methoxychlor 0.1 less than two miles from a drinking Nitrate 10 water intake (surface or subsurface) Selenium 0.01 Silver 0.05 must be in compliance with the Toxaphene 0.005 ground-water monitoring requirements 1,1,1-Trichioromethane 0.2 specified in $258.51-258.55 by October 9, Trichloroethylene 0.005 1995; 2,4,5-Trichlorophenoxy acetic acid 0.01 Vinyl Chioride 0.002 (3) Existing MSWLF units and lateral expansions greater than two miles 258.41-258.49 [Reserved] from a drinking water intake (surface or subsurface) must be in compliance with the ground-water monitoring re- Subpart E-Ground-Water quirements specified in $258.51-258.55 Monitoring and Corrective Action by October 9. 1996. (4) New MSWLF units must be in $258.50 Applicability. compliance with the ground-water (a) The requirements in this part monitoring requirements specified in apply to MSWLF units, except as pro- $$ 258.51-258.55 before waste can be vided in paragraph (b) of this section. placed in the unit. 12 40 CRF SECCIÓN 258.60 Environmental Protection Agency, EPA § 258.60 (Ii) Consistent with the overall objec- State Director within 14 days that a tive of the remedy. certification that the remedy has been (4) Notify the State Director within completed in compliance with the re- 14 days that a report justifying the alquirements of $258.58(e) has been placed ternative measures prior to implein the operating record. The certifimenting the alternative measures has cation must be signed by the owner or been placed in the operating record. operator and by a qualified ground- (d) All solid wastes that are managed water scientist or approved by the DIpursuant to a remedy required under rector of an approved State. 1258.57. or an interim measure required (g) When, upon completion of the cerunder 258.58(a)(3), shall be managed in tification, the owner or operator deter- a manner: mines that the corrective action rem- (1) That is protective of human edy has been completed in accordance health and the environment; and with the requirements under paragraph (2) That complies with applicable (e) of this section. the owner or oper- RCRA requirements. ator shall be released from the require- (e) Remedies selected pursuant to ments for financial assurance for cor- $258.57 shall be considered complete rective action under $258.73. when: (1) The owner or operator complies $258.59 [Reserved] with the ground-water protection standards established under §§ 258.55(h) Subpart F-Closure and Postor (i) at all points within the plume of Closure Care contamination that lie beyond the ground-water monitoring well system $258.60 Closure criteria. established under § 258.51(a). (2) Compliance with the ground-water (a) Owners or operators of all MSWLF units must install a final protection standards established under $$ 258.55(h) or (1) has been achieved by cover system that is designed to minimize infiltration and erosion. The final demonstrating that concentrations of appendix II constituents have not excover system must be designed and constructed to: ceeded the ground-water protection standard(s) for a period of three con- (1) Have a permeability less than or secutive years using the statistical equal to the permeability of any bot. procedures and performance standards tom liner system or natural subsoils in $258.53(g) and (h). The Director of an present. or a permeability no greater approved State may specify an alterthan 1x10-5 cm/sec. whichever is less, native length of time during which the and owner or operator must demonstrate (2) Minimize infiltration through the that concentrations of appendix II conclosed MSWLF by the use of an infilstituents have not exceeded the tration layer that contains a minimum ground-water protection standard(s) 18-inches of earthen material, and taking into consideration: (3) Minimize erosion of the final (i) Extent and concentration of the cover by the use of an erosion layer release(s): that contains a minimum 6-inches of (ii) Behavior characteristics of the earthen material that is capable of sushazardous constituents in the groundtaining native plant growth. water: (b) The Director of an approved State (iii) Accuracy of monitoring or modmay approve an alternative final cover eling techniques. including any seadesign that includes: sonal. meteorological. or other envi- (1) An infiltration layer that achieves ronmental variabilities that may affect an equivalent reduction in infiltration the accuracy: and as the infiltration layer specified in (iv) Characteristics of the groundparagraphs (a)(1) and (a)(2) of this secwater. tion. and (3) All actions required to complete (2) An erosion layer that provides the remedy have been satisfied equivalent protection from wind and (f) Upon completion of the remedy. water erosion as the erosion layer specthe owner or operator must notify the ified in paragraph (a)(3) of this section. 23 § 258.60 40 CFR Ch. I (7-1-98 Edition) (3) The Director of an approved State and there is a reasonable likelihood may establish alternative requirethat the MSWLF unit will receive addiments for the infiltration barrier in a tional wastes, no later than one year paragraph (b)(1) of this section, after after the most recent receipt of wastes. public review and comment, for any Extensions beyond the one-year deadowners or operators of MSWLFs that line for beginning closure may be dispose of 20 tons of municipal solid granted by the Director of an approved waste per day or less, based on an an- State if the owner or operator demnual average. Any alternative requireonstrates that the MSWLF unit has the ments established under this paragraph capacity to receive additional wastes must: and the owner or operator has taken (i) Consider the unique characterisand will continue to take all steps nectics of small communities; essary to prevent threats to human (ii) Take into account climatic and health and the environmental from the hydrogeologic conditions: and unclosed MSWLF unit. (iii) Be protective of human health (g) The owner or operator of all and the environment. MSWLF units must complete closure (c) The owner or operator must preactivities of each MSWLF unit in acpare a written closure plan that decordance with the closure plan within scribes the steps necessary to close all 180 days following the beginning of clo- MSWLF units at any point during their sure as specified in paragraph (f) of this active life in accordance with the cover section. Extensions of the closure pedesign requirements in $258.60(a) or (b), riod may be granted by the Director of as applicable. The closure plan, at a an approved State if the owner or operminimum, must include the following ator demonstrates that closure will, of information: necessity, take longer than 180 days (1) A description of the final cover, and he has taken and will continue to designed in accordance with $258.60(a) take all steps to prevent threats to and the methods and procedures to be human health and the environment used to install the cover; from the unclosed MSWLF unit. (2) An estimate of the largest area of the MSWLF unit ever requiring a final (h) Following closure of each MSWLF unit, the owner or operator must nocover as required under $258.60(a) at any time during the active life; tify the State Director that a certifi- (3) An estimate of the maximum incation, signed by an independent regventory of wastes ever on-site over the istered professional engineer or apactive life of the landfill facility; and proved by Director of an approved (4) A schedule for completing all ac- State, verifying that closure has been tivities necessary to satisfy the closure completed in accordance with the clocriteria in $258.60. sure plan, has been placed in the oper- (d) The owner or operator must noating record. tify the State Director that a closure (1)(1) Following closure of all MSWLF plan has been prepared and placed in units, the owner or operator must the operating record no later than the record a notation on the deed to the effective date of this part, or by the landfill facility property. or some initial receipt of waste, whichever is other instrument that is normally exlater. amined during title search. and notify (e) Prior to beginning closure of each the State Director that the notation MSWLF unit as specified in $258.60(f). has been recorded and a copy has been an owner or operator must notify the placed in the operating record. State Director that a notice of the in- (2) The notation on the deed must in tent to close the unit has been placed perpetulty notify any potential purin the operating record. chaser of the property that: (f) The owner or operator must begin (i) The land has been used as a landclosure activities of each MSWLF unit fill facility: and no later than 30 days after the date on (ii) Its use is restricted under which the MSWLF unit receives the 258.61(c)(3). known final receipt of wastes or, if the (j) The owner or operator may re- MSWLF unit has remaining capacity quest permission from the Director of 24 Environmental Protection Agency, EPA §§ 258.62-258.69 an approved State to remove the notapost-closure plan that includes, at a tion from the deed if all wastes are reminimum, the following information: moved from the facility. (1) A description of the monitoring [56 FR 51018. Oct. 9, 1991: 57 FR 28628, June 26, and maintenance activities required in 1992. as amended at 62 FR 40713. July 29. 1997] $258.61(a) for each MSWLF unit, and the frequency at which these activities § 258.61 Post-closure care requirewill be performed: ments. (2) Name, address, and telephone (a) Following closure of each MSWLF number of the person or office to conunit, the owner or operator must contact about the facility during the postduct post-closure care. Post-closure closure period: and care must be conducted for 30 years, (3) A description of the planned uses except as provided under paragraph (b) of the property during the post-closure of this section, and consist of at least period. Post-closure use of the property the following: shall not disturb the integrity of the (1) Maintaining the integrity and effinal cover, liner(s), or any other comfectiveness of any final cover, includponents of the containment system, or ing making repairs to the cover as necthe function of the monitoring systems essary to correct the effects of settleunless necessary to comply with the rement, subsidence, erosion, or other quirements in this part 258. The Direcevents, and preventing run-on and runtor of an approved State may approve off from eroding or otherwise damaging any other disturbance if the owner or the final cover; operator demonstrates that disturb- (2) Maintaining and operating the ance of the final cover, liner or other leachate collection system in accordcomponent of the containment system, ance with the requirements in $258.40, including any removal of waste, will if applicable. The Director of an apnot increase the potential threat to proved State may allow the owner or human health or the environment. operator to stop managing leachate If (d) The owner or operator must nothe owner or operator demonstrates tify the State Director that a post-clothat leachate no longer poses a threat sure plan has been prepared and placed to human health and the environment: in the operating record no later than (3) Monitoring the ground water in the effective date of this part, October accordance with the requirements of 9, 1993, or by the initial receipt of subpart E of this part and maintaining waste, whichever is later. the ground-water monitoring system, if (e) Following completion of the postapplicable; and closure care period for each MSWLF (4) Maintaining and operating the gas unit, the owner or operator must nomonitoring system in accordance with tify the State Director that a certifithe requirements of $258.23. cation, signed by an Independent reg- (b) The length of the post-closure istered professional engineer or apcare period may be: proved by the Director of an approved (1) Decreased by the Director of an State, verifying that post-closure care approved State If the owner or operator has been completed in accordance with demonstrates that the reduced period the post-closure plan, has been placed is sufficient to protect human health in the operating record. and the environment and this demonstration is approved by the Director [56 FR 51016, Oct. 9, 1991; 57 FR 28628, June 26, of an approved State: or 1992] (2) Increased by the Director of an approved State if the Director of an ap- §§ 258.62-258.69 [Reserved] proved State determines that the lengthened period is necessary to pro- Subpart G-Financial Assurance tect human health and the environ- Criteria ment. (c) The owner or operator of all SOURCE: 56 FR 51029. Oct. 9, 1991, unless MSWLF units must prepare a written otherwise noted. 25 APÉNDICE A MÉTODO 2E DEL 40 CRF PARTE 60 METHOD 2E - DETERMINATION OF LANDFILL GAS PRODUCTION FLOW RATE 1. Applicability and Principle 1.1 Applicability. This method applies to the measurement of landfill gas (LFG) production flow rate from municipal solid waste (MSW) landfills and is used to calculate the flow rate of nonmethane organic compounds (NMOC) from landfills. This method also applies to calculating a site-specific k value as provided in 0 60.754(a)(4). It is unlikely that a sitespecific k value obtained through Method 2E testing will lower the annual emission estimate below 50 Mg/yr NMOC unless the Tier 2 emission estimate is only slightly higher than 50 Mg/yr NMOC. Dry, arid regions may show a more significant difference between the default and calculated k values than wet regions. 1.2 Principle. Extraction wells are installed either in a cluster of three or at five locations dispersed throughout the landfill. A blower is used to extract LFG from the landfill. LFG composition, landfill pressures near the extraction well, and volumetric flow rate of LFG extracted from the wells are measured and the landfill gas production flow rate is calculated. 2. Apparatus 2.1 Well Drilling Rig. Capable of boring a 0.6 meters diameter hole into the landfill to a minimum of 75 percent of the landfill depth. The depth of the well shall not exceed the bottom of the landfill or the liquid level. 2.2 Gravel. No fines. Gravel diameter should be appreciably larger than perforations stated in sections 2.10 and 3.2 of this method. 2.3 Bentonite. 1 Flare 0 Outlet Sample Port Blower Wa ter Well Head Knoc ko ut Control Valve Well Head 0 Sample Port 940073DRTP Orifice Meter Figure 1. Schematic of above ground well head assembly. 2.4 Backfill Material. Clay, soil, and sandy loam have been found to be acceptable. 2.5 Extraction Well Pipe. Polyvinyl chloride (PVC), high density polyethylene (HDPE), fiberglass, stainless steel, or other suitable nonporous material capable of transporting landfill gas with a minimum diameter of 0.075 meters and suitable wall-thickness. 2.6 Wellhead Assembly. Valve capable of adjusting gas flow at the wellhead and outlet, and a flow measuring device, such as an in-line orifice meter or pitot tube. A schematic of the wellhead assembly is shown in figure 1. 2 2.7 Cap. PVC, HDPE, fiberglass, stainless steel, or other suitable nonporous material capable of transporting landfill gas with a suitable wall-thickness. 2.8 Header Piping. PVC, HDPE, fiberglass, stainless steel, or other suitable nonporous material capable of transporting landfill gas with a suitable wall-thickness. 2.9 Auger. Capable of boring a 0.15 to 0.23 meters diameter hole to a depth equal to the top of the perforated section of the extraction well, for pressure probe installation. 2.10 Pressure Probe. PVC or stainless steel (316), 0.025 meters. Schedule 40 pipe. Perforate the bottom two thirds. A minimum requirement for perforations is slots or holes with an open area equivalent to four 6.0 millimeter diameter holes spaced 90° apart every 0.15 meters. 2.11 Blower and Flare Assembly. A water knockout, flare or incinerator, and an explosion-proof blower, capable of extracting LFG at a flow rate of at least 8.5 cubic meters per minute. 2.12 Standard Pitot Tube and Differential Pressure Gauge for Flow Rate Calibration with Standard Pitot. Same as Method 2, sections 2.1 and 2.8. 2.13 Gas flow measuring device. Permanently mounted Type S pitot tube or an orifice meter. 2.14 Barometer. Same as Method 4, section 2.1.5. 2.15 Differential Pressure Gauge. Water-filled U-tube manometer or equivalent, capable of measuring within 0.02 mm Hg, for measuring the pressure of the pressure probes. 3. Procedure 3.1 Placement of Extraction Wells. The landfill owner or operator shall either install 3 a single cluster of three extraction wells in a test area or space five wells over the landfill. The cluster wells are recommended but may be used only if the composition, age of the solid waste, and the landfill depth of the test area can be determined. CAUTION: Since this method is complex, only experienced personnel should conduct the test. Landfill gas contains methane, therefore explosive mixtures may exist at or near the landfill. It is advisable to take appropriate safety precautions when testing landfills, such as installing explosion-proof equipment and refraining from smoking. 3.1.1 Cluster Wells. Consult landfill site records for the age of the solid waste, depth, and composition of various sections of the landfill. Select an area near the perimeter of the landfill with a depth equal to or greater than the average depth of the landfill and with the average age of the solid waste between 2 and 10 years old. Avoid areas known to contain nondecomposable materials, such as concrete and asbestos. Locate wells as shown in figure 2. Because the age of the solid waste in a test area will not be uniform, calculate a weighted average to determine the average age of the solid waste as follows. where, Aavg = average age of the solid waste tested, year fj = fraction of the solid waste in the ith section Aᵢ = age of the ith fraction, year 4 PERIMETER 91.5m SLOPE RIOR 91.5m 91.5m 15.25m Figure 2. Location of Cluster Wells 5 3.1.2 Equal Volume Wells. This procedure is used when the composition, age of solid waste, and landfill depth are not well known. Divide the portion of the landfill that has had waste for at least 2 years into five areas representing equal volumes. Locate an extraction well near the center of each area. Avoid areas known to contain nondecomposable materials, such as concrete and asbestos. 3.2 Installation of Extraction Wells. Use a well drilling rig to dig a 0.6 meters diameter hole in the landfill to a minimum of 75 percent of the landfill depth, not to exceed the bottom of the landfill or the water table. Perforate the bottom two thirds of the extraction well pipe. Perforations shall not be closer than 6 meters from the cover. Perforations shall be holes or slots with an open area equivalent to 1.0 centimeter diameter holes spaced 90 degrees apart every 0.1 to 0.2 meters. Place the extraction well in the center of the hole and backfill with 2.0 to 7.5 centimeters gravel to a level 0.3 meters above the perforated section. Add a layer of backfill material 1.2 meters thick. Add a layer of bentonite 1.0 meter thick, and backfill the remainder of the hole with cover material or material equal in permeability to the existing cover material. The specifications for extraction well installation are shown in figure 3. 6 PVC or HOPE Cap. 0.075m (min) Dia. 0.6m PVC or HDPE Pipe, 0.075m (min) Dia. Ground Sur face Existing Cover Malerial 1.0m Beni onite Seal 1.2m Cohesi onless Back all Malerial 75% of the Landfill Depth Per forale 2/3 of Pipe Gravel, no Fines Length 0.02 m 10 0.075m PVC or HDPE Pipe 940077DRIP PVC or HDPE Cap.0.75m (min) Dia. 0 6m Well bore Figure 3. Gas extraction well. 7 3.3 Pressure Probes. Shallow pressure probes are used in the check for infiltration of air into the landfill, and deep pressure probes are used to determine the radius of influence. Locate the deep pressure probes along three radial arms approximately 120 degrees apart at distances of 3, 15, 30, and 45 meters from the extraction well. The tester has the option of locating additional pressure probes at distances every 15 meters beyond 45 meters. Example placements of probes are shown in figure 4. 8 The probes located 15, 30, and 45 meters from each well, and any additional probes located along the three radial arms (deep probes), shall extend to a depth equal to the top of the perforated section of the extraction wells. Locate three shallow probes at a distance of 3 m from 45m 45m X 183m X 30m 30m X 15m 15m X x X BY X X X X X 45m X 183m 30m X 15m X X X X x = Well = Shallow Probe X = Deep Probe 940080D RTP Figure 4. Cluster well configuration. the extraction well. Shallow probes shall extend to a depth equal to half the depth of the deep probes. 9 Use an auger to dig a hole, approximately 0.15 to 0.23 meters in diameter, for each pressure probe. Perforate the bottom two thirds of the pressure probe. Perforations shall be holes or slots with an open area equivalent to four 6.0 millimeter diameter holes spaced 90 degrees apart every 0.15 meters. Place the pressure probe in the center of the hole and backfill with gravel to a level 0.30 meters above the perforated section. Add a layer of backfill material at least 1.2 meters thick. Add a layer of bentonite at least 0.3 meters thick, and backfill the remainder of the hole with cover material or material equal in permeability to the existing cover material. The specifications for pressure probe installation are shown in figure 5. 10 Quick Connect 0.025m Cap 0.025m Pipe Dover Material or Equivalent 0.3m Bentonite Sandy Loam or 1.2m Appropriate Dover 0.3m Gravel 2/3 of Probe Length 940078DRTP 0.15m to 0.23m Bore Hole Figure 5. Pressure probe. 11 3.4 LFG Flow Rate Measurement. Determine the flow rate of LFG from the test wells continuously during testing with an orifice meter. Alternative methods to measure the LFG flow rate may be used with approval of the Administrator. Locate the orifice meter as shown in figure 1. Attach the wells to the blower and flare assembly. The individual wells may be ducted to a common header SO that a single blower and flare assembly and flow meter may be used. Use the procedures in section 4.1 to calibrate the flow meter. 3.5 Leak Check. A leak check of the above ground system is required for accurate flow rate measurements and for safety. Sample LFG at the wellhead sample port and at a point downstream of the flow measuring device. Use Method 3C to determine nitrogen (N2) concentrations. Determine the difference by using the formula below. Difference = C₀- Cw where, C₀ = concentration of N2 at the outlet, ppmv Cw = concentration of N2 at the wellhead, ppmv The system passes the leak check if the difference is less than 10,000 ppmv. If the system fails the leak check, make the appropriate adjustments to the above ground system and repeat the leak check. 3.6 Static Testing. The purpose of the static testing is to determine the initial conditions of the landfill. Close the control valves on the wells SO that there is no flow of landfill gas from the well. Measure the gauge pressure (Pg) at each deep pressure probe and the barometric 12 pressure (Pbar) every 8 hours for 3 days. Convert the gauge pressure of each deep pressure probe to absolute pressure by using the following equation. Record as Pi. Pi=Pbar+Pg where, Pbar = Atmospheric pressure, mm Hg Pg = Gauge pressure of the deep probes, mm Hg Pi = Initial absolute pressure of the deep probes during static testing, mm Hg 3.6.1 For each probe, average all of the 8 hr deep pressure probe readings and record as P ia- The Pia is used in section 3.7.6 to determine the maximum radius of influence. 3.6.2 Measure the LFG temperature and the static flow rate of each well once during static testing using a flow measurement device, such as a Type S pitot tube and measure the temperature of the landfill gas. The flow measurements should be made either just before or just after the measurements of the probe pressures and are used in determining the initial flow from the extraction well during the short term testing. The temperature measurement is used in the check for infiltration. 3.7 Short Term Testing. The purpose of short term testing is to determine the maximum vacuum that can be applied to the wells without infiltration of air into the landfill. The short term testing is done on one well at a time. During the short term testing, burn LFG with a flare or incinerator. 3.7.1 Use the blower to extract LFG from a single well at a rate at least twice the static 13 flow rate of the respective well measured in section 3.6.2. If using a single blower and flare assembly and a common header system, close the control valve on the wells not being measured. Allow 24 hours for the system to stabilize at this flow rate. 3.7.2 Check for infiltration of air into the landfill by measuring the temperature of the LFG at the wellhead, the gauge pressures of the shallow pressure probes, and the LFG N2 concentration by using Method 3C. CAUTION: Increased vacuum at the wellhead may cause infiltration of air into the landfill, which increases the possibility of a landfill fire. Infiltration of air into the landfill may occur if any of the following conditions are met: the LFG N2 concentration is more than 20 percent, any of the shallow probes have a negative gauge pressure, or the temperature has increased above 55 °C or the maximum established temperature during static testing. If infiltration has not occurred, increase the blower vacuum by 4 mm Hg, wait 24 hours, and repeat the infiltration check. If at any time, the temperature change exceeds the limit, stop the test until it is safe to proceed. Continue the above steps of increasing blower vacuum by 4 mm Hg, waiting 24 hours, and checking for infiltration until the concentration of N 2 exceeds 20 percent or any of the shallow probes have a negative gauge pressure, at which time reduce the vacuum at the wellhead SO that the N2 concentration is less than 20 percent and the gauge pressures of the shallow probes are positive. This is the maximum vacuum at which infiltration does not occur. 3.7.3 At this maximum vacuum, measure Pbar every 8 hours for 24 hours and record the LFG flow rate as Qs and the probe gauge pressures for all of the probes as Pf. Convert the gauge pressures of the deep probes to absolute pressures for each 8-hour reading at Qs as follows: 14 P = Pbar + Pf where, Pbar = Atmospheric pressure, mm Hg Pf= = Final absolute pressure of the deep probes during short term testing, mm Hg P = Pressure of the deep probes, mm Hg 3.7.4 For each probe, average the 8-hr deep pressure probe readings and record as Pfa. 3.7.5 For each probe, compare the initial average pressure (Pia) from section 3.6.1 to the final average pressure (Pfa). Determine the furthermost point from the wellhead along each radial arm where Pfa ≤ Pia. This distance is the maximum radius of influence (ROI), which is the distance from the well affected by the vacuum. Average these values to determine the average maximum radius of influence (Rma). The average Rma may also be determined by plotting on semi-log paper the pressure differentials (Pfa-Pia) on the y-axis (abscissa) versus the distances (3, 15, 30 and 45 meters) from the wellhead on the x-axis (ordinate). Use a linear regression analysis to determine the distance when the pressure differential is zero. Additional pressure probes may be used to obtain more points on the semi-long plot of pressure differentials versus distances. 3.7.6 Calculate the depth (Dst) affected by the extraction well during the short term test as follows. If the computed value of Dₛₜ exceeds the depth of the landfill, set Dₛₜ equal to the 15 landfill depth. Dₛₜ = WD + Rₘₐ² where, Dst = depth, m WD = well depth, m Rma = maximum radius of influence, m 3.7.7 Calculate the void volume for the extraction well (V) as follows. V = 0.40 π Rₘₐ² Dst where, V = void volume of test well, m3 Rma = maximum radius of influence, m Dₛₜ = depth, m 3.7.8 Repeat the procedures in section 3.7 for each well. 3.8 Calculate the total void volume of the test wells (Vv) by summing the void volumes (V) of each well. 3.9 Long Term Testing. The purpose of long term testing is to determine the methane generation rate constant, k. Use the blower to extract LFG from the wells. If a single blower and flare assembly and common header system are used, open all control valves and set the blower vacuum equal to the highest stabilized blower vacuum demonstrated by any individual well in section 3.7. Every 8 hours, sample the LFG from the wellhead sample port, measure the gauge 16 pressures of the shallow pressure probes, the blower vacuum, the LFG flow rate, and use the criteria for infiltration in section 3.7.2 and Method 3C to check for infiltration. If infiltration is detected, do not reduce the blower vacuum, but reduce the LFG flow rate from the well by adjusting the control valve on the wellhead. Adjust each affected well individually. Continue until the equivalent of two total void volumes (Vv) have been extracted, or until Vₜ = 2 Vv. 3.9.1 Calculate Vₜ, the total volume of LFG extracted from the wells, as follows. where, Vₜ = total volume of LFG extracted from wells, m³ Qi = LFG flow rate measured at orifice meter at the ith interval, cubic meters per minute tvi = time of the ith interval, hour (usually 8) 3.9.2 Record the final stabilized flow rate as Qf. If, during the long term testing, the flow rate does not stabilize, calculate Qf by averaging the last 10 recorded flow rates. 3.9.3 For each deep probe, convert each gauge pressure to absolute pressure as in section 3.7.4. Average these values and record as Psa. For each probe, compare Pia to Psa. Determine the furthermost point from the wellhead along each radial arm where Pₛₐ ≤Pia. ≤ This distance is the stabilized radius of influence. Average these values to determine the average 17 stabilized radius of influence (Rsa). 3.10 Determine the NMOC mass emission rate using the procedures in section 5. 3.11 Deactivation of pressure probe holes. Upon completion of measurements, if pressure probes are removed, restore the integrity of the landfill cover by backfilling and sealing to prevent venting of LFG to the atmosphere or air infiltration. 4. Calibrations Gas Flow Measuring Device Calibration Procedure. Locate a standard pitot tube in line with a gas flow measuring device. Use the procedures in Method 2D, section 4, to calibrate the orifice meter. Method 3C may be used to determine the dry molecular weight. It may be necessary to calibrate more than one gas flow measuring device to bracket the landfill gas flow rates. Construct a calibration curve by plotting the pressure drops across the gas flow measuring device for each flow rate versus the average dry gas volumetric flow rate in cubic meters per minute of the gas. Use this calibration curve to determine the volumetric flow from the wells during testing. 5. Calculations 5.1 Nomenclature. Aavg = average age of the solid waste tested, year Ai = age of solid waste in the ith fraction, year A = age of landfill, year Ar = acceptance rate, megagrams per year CNMOC = NMOC concentration, ppmv as hexane (CNMOC = Ct/6) 18 Cₜ = NMOC concentration, ppmv (carbon equivalent) from Method 25C D = depth affected by the test wells, m Dₛₜ = depth affected by the test wells in the short term test, m DLF = landfill depth, m f = fraction of decomposable solid waste in the landfill fi = fraction of the solid waste in the ith section k = methane generation rate constant, year- 1 L₀ = methane generation potential, cubic meters per megagram Lo' = revised methane generation potential to account for the amount of nondecomposable material in the landfill, cubic meters per megagram Mi = mass of solid waste of the ith section, megagrams Mr = mass of decomposable solid waste affected by the test well, megagrams Mw = number of wells Pbar = atmospheric pressure, mm Hg Pg = gauge pressure of the deep pressure probes, mm Hg Pᵢ = initial absolute pressure of the deep pressure probes during static testing, mm Hg Pia = average initial absolute pressure of the deep pressure probes during static testing, mm Hg 19 Pf = final absolute pressure of the deep pressure probes during short term testing, mm Hg Pfa = average final absolute pressure of the deep pressure probes during short term testing, mm Hg Pₛ = final absolute pressure of the deep pressure probes during long term testing, mm Hg Psa = average final absolute pressure of the deep pressure probes during long term testing, mm Hg QB = required blow flow rate, cubic meters per minute Qf = final stabilized flow rate, cubic meters per minute Qi = LFG flow rate measured at orifice meter during the ith interval, cubic meters per minute Qs = maximum LFG flow rate at each well determined by short term test, cubic meters per minute Qt = NMOC mass emission rate, cubic meters per minute Rₘ = maximum radius of influence, m Rma = average maximum radius of influence, m Rs = stabilized radius of influence for an individual well, m Rsa = average stabilized radius of influence, m tj = age of section i, year tt = total time of long term testing, year 20 V II void volume of test well, m3 Vr = volume of solid waste affected by the test well, m3 Vₜ = total volume of solid waste affected by the long term testing, m3 Vv = total void volume affected by test wells, m3 WD = well depth, m p = solid waste density, m3 (Assume 0.64 megagrams per cubic meter if data are unavailable) 5.2 Use the following equation to calculate the depth affected by the test well. If using cluster wells, use the average depth of the wells for WD. If the value of D is greater than the depth of the landfill, set D equal to the landfill depth. D = WD + Rsa 5.3 Use the following equation to calculate the volume of solid waste affected by the test well. Vr = Rsa² π D 5.4 Use the following equation to calculate the mass affected by the test well. Mr = Vᵣ p 21 5.5 Modify L₀ to account for the nondecomposable solid waste in the landfill. L₀'=fL₀ = 5.6 In the following equation, solve for k by iteration. A suggested procedure is to select a value for k, calculate the left side of the equation, and if not equal to zero, select another value for k. Continue this process until the left hand side of the equation equals zero, +0.001. 5.7 Use the following equation to determine landfill NMOC mass emission rate if the yearly acceptance rate of solid waste has been consistent (+10 percent) over the life of the landfill. 5.8 Use the following equation to determine landfill NMOC mass emission rate if the acceptance rate has not been consistent over the life of the landfill. 22 6. Bibliography 1. Same as Method 2, appendix A, 40 CFR part 60. 2. Emcon Associates, Methane Generation and Recovery from Landfills. Ann Arbor Science, 1982. 3. The Johns Hopkins University, Brown Station Road Landfill Gas Resource Assessment, Volume 1: Field Testing and Gas Recovery Projections. Laurel, Maryland: October 1982. 4. Mandeville and Associates, Procedure Manual for Landfill Gases Emission Testing. 5. Letter and attachments from Briggum, S., Waste Management of North America, to Thorneloe, S., EPA. Response to July 28, 1988 request for additional information. August 18,1988. 6. Letter and attachments from Briggum, S., Waste Management of North America, to Wyatt, S., EPA. Response to December 7, 1988 request for additional information. January 16, 1989. 23 APÉNDICE A MÉTODO 3A DEL 40 CRF PARTE 60 EMISSION MEASUREMENT TECHNICAL INFORMATION CENTER NSPS TEST METHOD Method 3A - Determination of Oxygen and Carbon Dioxide Concentrations in Emissions from Stationary Sources (Instrumental Analyzer Procedure) 1. APPLICABILITY AND PRINCIPLE 1.1 Applicability. This method is applicable to the determination of oxygen (O₂) and carbon dioxide (CO₂) concentrations in emissions from stationary sources only when specified within the regulations. 1.2 Principle. A sample is continuously extracted from the effluent stream: a portion of the sample stream is conveyed to an instrumental analyzer (s) for determination of O₂ and CO₂ concentration (s). Performance specifications and test procedures are provided to ensure reliable data. 2. RANGE AND SENSITIVITY Same as in Method 6C, Sections 2.1 and 2.2, except that the span of the monitoring system shall be selected such that the average O₂ or CO₂ concentration is not less than 20 percent of the span. 3. DEFINITIONS 3.1 Measurement System. The total equipment required for the determination of the O₂ or CO₂ concentration. The measurement system consists of the same major subsystems as defined in Method 6C, Sections 3.1.1, 3.1.2, and 3.1.3. 3.2 Span, Calibration Gas, Analyzer Calibration Error, Sampling System Bias, Zero Drift, Calibration Drift, Response Time, and Calibration Curve. Same as in Method 6C, Sections 3.2 through 3.8, and 3.10. 3.3 Interference Response. The output response of the measurement system to a component in the sample gas, other than the gas component being measured. 4. MEASUREMENT SYSTEM PERFORMANCE SPECIFICATIONS Same as in Method 6C, Sections 4.1 through 4.4. Prepared by Emission Measurement Branch EMTIC TM-003A Technical Support Division, OAQPS, EPA May 6, 1989 EMTIC TM-003A NSPS TEST METHOD Page 2 5. APPARATUS AND REAGENTS 5.1 Measurement System. Any measurement system for O₂ or CO₂ that meets the specifications of this method. A schematic of an acceptable measurement system is shown in Figure 6C-1 of Method 6C. The essential components of the measurement system are described below: 5.1.1 Sample Probe. A leak-free probe of sufficient length to traverse the sample points. 5.1.2 Sample Line. Tubing to transport the sample gas from the probe to the moisture removal system. A heated sample line is not required for systems that measure the O₂ or CO₂ concentration on a dry basis, or transport dry gases. 5.1.3 Sample Transport Line, Calibration Valve Assembly, Moisture Removal System, Particulate Filter, Sample Pump, Sample Flow Rate Control, Sample Gas Manifold, and Data Recorder. Same as in Method 6C, Sections 5.1.3 through 5.1.9, and 5.1.11, except that the requirements to use stainless steel, Teflon, and nonreactive glass filters do not apply. 5.1.4 Gas Analyzer. An analyzer to determine continuously the O₂ or CO₂ concentration in the sample gas stream. The analyzer must meet the applicable performance specifications of Section 4. A means of controlling the analyzer flow rate and a device for determining proper sample flow rate (e.g., precision rotameter, pressure gauge downstream of all flow controls, etc.) shall be provided at the analyzer. The requirements for measuring and controlling the analyzer for measuring and controlling the analyzer flow rate are not applicable if data are presented that demonstrate the analyzer is insensitive to flow variations over the range encountered during the test. 5.2 Calibration Gases. The calibration gases for CO₂ analyzers shall be CO₂ in N₂ or CO₂ in air. Alternatively, CO₂/SO₂, O₂/SO₂, or O₂/CO₂/SO₂ gas mixtures in N₂ may be used. Three calibration gases, as specified in Sections 5.3.1 through 5.3.4 of Method 6C, shall be used. For O₂ monitors that cannot analyze zero gas, a calibration gas concentration equivalent to less than 10 percent of the span may be used in place of zero gas. 6. MEASUREMENT SYSTEM PERFORMANCE TEST PROCEDURES Perform the following procedures before measurement of emissions (Section 7). 6.1 Calibration Concentration Verification. Follow Section 6.1 of Method 6C, except if calibration gas analysis is required, use Method 3 and change the acceptance criteria for agreement among Method 3 results to 5 percent (or 0.2 percent by volume, whichever is greater). 6.2 Interference Response. Conduct an interference response test of the analyzer prior to its initial use in the field. Thereafter, recheck the measurement system if changes are made in the instrumentation that could alter EMTIC TM-003A NSPS TEST METHOD Page 3 the interference response (e.g., changes in the type of gas detector). Conduct the interference response in accordance with Section 5.4 of Method 20. 6.3 Measurement System Preparation, Analyzer Calibration Error, Response Time, and Sampling System Bias Check. Follow Sections 6.2 through 6.4 of Method 6C. 7. EMISSION TEST PROCEDURE 7.1 Selection of Sampling Site and Sampling Points. Select a measurement site and sampling points using the same criteria that are applicable to tests performed using Method 3. 7.2 Sample Collection. Position the sampling probe at the first measurement point, and begin sampling at the same rate as that used during the response time test. Maintain constant rate sampling (i.e., ±10 percent) during the entire run. The sampling time per run shall be the same as for tests conducted using Method 3 plus twice the average system response time. For each run, use only those measurements obtained after twice the response time of the measurement system has elapsed to determine the average effluent concentration. 7.3 Zero and Calibration Drift Test. Follow Section 7.4 of Method 6C. 8. QUALITY CONTROL PROCEDURES The following quality control procedures are recommended when the results of this method are used for an emission rate correction factor, or excess air determination. The tester should select one of the following options for validating measurement results: 8.1 If both O₂ and CO₂ are measured using Method 3A, the procedures described in Section 4.4 of Method 3 should be followed to validate the O₂ and CO₂ measurement results. 8.2 If only O₂ is measured using Method 3A, measurements of the sample stream CO₂ concentration should be obtained at the sample by-pass vent discharge using an Orsat or Fyrite analyzer, or equivalent. Duplicate samples should be obtained concurrent with at least one run. Average the duplicate Orsat or Fyrite analysis results for each run. Use the average CO₂ values for comparison with the O₂ measurements in accordance with the procedures described in Section 4.4 of Method 3. 8.3 If only CO₂ is measured using Method 3A, concurrent measurements of the sample stream CO₂ concentration should be obtained using an Orsat or Fyrite analyzer as described in Section 8.2. For each run, differences greater than 0.5 percent between the Method 3A results and the average of the duplicate Fyrite analysis should be investigated. EMTIC TM-003A NSPS TEST METHOD Page 4 9. EMISSION CALCULATION 9.1 For all CO₂ analyzers, and for O₂ analyzers that can be calibrated with zero gas, follow Section 8 of Method 6C, except express all concentrations as percent, rather than ppm. 9.2 For O₂ analyzers that use a low-level calibration gas in place of a zero gas, calculate the effluent gas concentration using Equation 3A-1. C₉ₐₛ Eq. 3A-1 Cm - C. Where: C₉ₐₛ = Effluent gas concentration, dry basis, percent. Cₘₐ = Actual concentration of the upscale calibration gas, percent. Co₂ = Actual concentration of the low-level calibration gas, percent. Cm = Average of initial and final system calibration bias check responses for the upscale calibration gas, percent. Cc = Average of initial and final system calibration bias check responses for the low level gas, percent. C = Average gas. concentration indicated by the gas analyzer, dry basis, percent. 10. BIBLIOGRAPHY Same as in Bibliography of Method 6C. APÉNDICE A MÉTODO 3C DEL 40 CRF PARTE 60 METHOD 3C - DETERMINATION OF CARBON DIOXIDE, METHANE, NITROGEN, AND OXYGEN FROM STATIONARY SOURCES 1. Applicability and Principle 1.1 Applicability. This method applies to the analysis of carbon dioxide (CO₂), methane (CH₄), nitrogen (N₂), and oxygen (O₂) in samples from municipal solid waste landfills and other sources when specified in an applicable subpart. 1.2 Principle. A portion of the sample is injected into a gas chromatograph (GC) and the CO₂, CH4, N2, and O₂ concentrations are determined by using a thermal conductivity detector (TCD) and integrator. 2. Range and Sensitivity 2.1 Range. The range of this method depends upon the concentration of samples. The analytical range of TCD's is generally between approximately 10 ppmv and the upper percent range. 2.2 Sensitivity. The sensitivity limit for a compound is defined as the minimum detectable concentration of that compound, or the concentration that produces a signal-to-noise ratio of three to one. For CO₂, CH4, N₂, and O₂, the sensitivity limit is in the low ppmv range. 3. Interferences Since the TCD exhibits universal response and detects all gas components except the carrier, interferences may occur. Choosing the appropriate GC or shifting the retention times by changing the column flow rate may help to eliminate resolution interferences. To assure consistent detector response, helium is used to prepare calibration gases. Frequent exposure to samples or carrier gas containing oxygen may gradually destroy filaments. 1 4. Apparatus 4.1 Gas Chromatograph. GC having at least the following components: 4.1.1 Separation Column. Appropriate column(s) to resolve CO₂, CH4, N2, O₂, and other gas components that may be present in the sample. 4.1.2 Sample Loop. Teflon or stainless steel tubing of the appropriate diameter. NOTE: Mention of trade names or specific products does not constitute endorsement or recommendation by the U.S. Environmental Protection Agency. 4.1.3 Conditioning System. To maintain the column and sample loop at constant temperature. 4.1.4 Thermal Conductivity Detector. 4.2 Recorder. Recorder with linear strip chart. Electronic integrator (optional) is recommended. 4.3 Teflon Tubing. Diameter and length determined by connection requirements of cylinder regulators and the GC. 4.4 Regulators. To control gas cylinder pressures and flow rates. 4.5 Adsorption Tubes. Applicable traps to remove any O₂ from the carrier gas. 5. Reagents 5.1 Calibration and Linearity Gases. Standard cylinder gas mixtures for each compound of interest with at least three concentration levels spanning the range of suspected sample concentrations. The calibration gases shall be prepared in helium. 5.2 Carrier Gas. Helium, high-purity. 2 6. Analysis 6.1 Sample Collection. Use the sample collection procedures described in Methods 3 or 25C to collect a sample of landfill gas (LFG). 6.2 Preparation of GC. Before putting the GC analyzer into routine operation, optimize the operational conditions according to the manufacturer's specifications to provide good resolution and minimum analysis time. Establish the appropriate carrier gas flow and set the detector sample and reference cell flow rates at exactly the same levels. Adjust the column and detector temperatures to the recommended levels. Allow sufficient time for temperature stabilization. This may typically require 1 hour for each change in temperature. 6.3 Analyzer Linearity Check and Calibration. Perform this test before sample analysis. Using the gas mixtures in section 5.1, verify the detector linearity over the range of suspected sample concentrations with at least three points per compound of interest. This initial check may also serve as the initial instrument calibration. All subsequent calibrations may be performed using a single-point standard gas provided the calibration point is within 20 percent of the sample component concentration. For each instrument calibration, record the carrier and detector flow rates, detector filament and block temperatures, attenuation factor, injection time, chart speed, sample loop volume, and component concentrations. Plot a linear regression of the standard concentrations versus area values to obtain the response factor of each compound. Alternatively, response factors of uncorrected component concentrations (wet basis) may be generated using instrumental integration. NOTE: Peak height may be used instead of peak area throughout this method. 6.4 Sample Analysis. Purge the sample loop with sample, and allow to come to 3 atmospheric pressure before each injection. Analyze each sample in duplicate, and calculate the average sample area (A). The results are acceptable when the peak areas for two consecutive injections agree within 5 percent of their average. If they do not agree, run additional samples until consistent area data are obtained. Determine the tank sample concentrations according to section 7.2. 7. Calculations Carry out calculations retaining at least one extra decimal figure beyond that of the acquired data. Round off results only after the final calculation. 7.1 Nomenclature. A = average sample area Bw = moisture content in the sample, fraction C = component concentration in the sample, dry basis, ppmv Cₜ = calculated NMOC concentration, ppmv C equivalent Ctm = measured NMOC concentration, ppmv C equivalent Pbar = barometric pressure, mm Hg Pₜᵢ = gas sample tank pressure after evacuation, mm Hg absolute Pₜ = gas sample tank pressure after sampling, but before pressurizing, mm Hg absolute Ptf = final gas sample tank pressure after pressurizing, mm Hg absolute Pw = vapor pressure of H2O (from table 3C-1), mm Hg Tti = sample tank temperature before sampling, OK Tₜ = sample tank temperature at completion of sampling, OK 4 Ttf = sample tank temperature after pressurizing, oK r = total number of analyzer injections of sample tank during analysis (wherej = injection number, 1...r) R = Mean calibration response factor for specific sample component, area/ppmv Table 3C-1. MOISTURE CORRECTION Temperature °C Vapor Pressure of Temperature, °C Vapor Pressure of H₂O, mm Hg H₂O, mm Hg 4 6.1 18 15.5 6 7.0 20 17.5 8 8.0 22 19.8 10 9.2 24 22.4 12 10.5 26 25.2 14 12.0 28 28.3 16 13.6 30 31.8 5 7.2 Concentration of Sample Components. Calculate C for each compound using Equations 3C-1 and 3C-2. Use the temperature and barometric pressure at the sampling site to calculate Bw. If the sample was diluted with helium using the procedures in Method 25C, use Equation 3C-3 to calculate the concentration. Bw=Pw 3C-1 (1-Bw) 3C-2 C [ 3C-3 8. Bibliography 1. McNair, H.M., and E.J. Bonnelli. Basic Gas Chromatography. Consolidated Printers, Berkeley, CA. 1969. 6 EMTIC M-18 EMTIC NSPS Test Method Page 40 Plant Date Location 1. General information Source temperature (°C) Probe temperature (°C) Ambient temperature (°C) Atmospheric pressure (mm) Source pressure ("Hg) Absolute source pressure (mm) Sampling rate (liter/min) Sample loop volume (ml) Sample loop temperature (°C) Columnar temperature: Initial (°C) time (min) Program rate (°C/min) Final (°C)/time (min) Carrier gas flow rate (ml/min) Detector temperature (°C) Injection time (24-hour basis) Chart speed (mm/min) Dilution gas flow rate (ml/min) Dilution gas used (symbol) Dilution ratio Figure 18-11. Field analysis data sheets. EMTIC M-18 EMTIC NSPS Test Method Page 39 Plant Date Site Sample_1 Sample_2 Sample_3 Source temperature (°C) Barometric pressure (mm Hg) Ambient temperature (°C) Sample flow rate (appr.) Bag number Start time Finish time Figure 18-10. Field sample data sheet - Tedlar bag collection method. EMTIC M-18 EMTIC NSPS Test Method Page 38 5 Tellon Tubing PVC Tubing Probe Directional Needle Valve Pinch Clamp Flowmeter Quick Disconnectors Grammet Evacuated Steel Air Tight Steel Drum Drum Sample Bag Figure 18-9a. Explosion Risk Gas Sampling Method. EMTIC M-18 EMTIC NSPS Test Method Page 37 Vent Stack Wall Tellon Flowmeter Filter Sample Line (Glass Whol) VacuumLine Probe Male Quick Connectors Needle Charcoal Valve 1 Ball Tube Reverse Check n No Check Air-Tight (3) Type Pump Pitot Tube Pitot Manometer Tedar Bag Rigid Leak-Proof Container Figure 18-9. Integrated Bag Sampling Train. EMTIC M-18 EMTIC NSPS Test Method Page 36 Syringe Septum P T Dry Gas Boiling Midget Mater Water Impinger Bath Hot Plate Tedar Bag Capacity 50 Liters Nitrogen Cylinder Figure 18-8. Apparatus for Preparation of Liquid Materials. EMTIC M-18 EMTIC NSPS Test Method Page 35 Organic Peak Identification and Calculated Concentrations: Injection time (24-hour clock) Distance to peak (cm) Chart speed (cm/min) Retention time (min) Attenuation factor Peak area (mm²) Peak area * attenuation factor Plot peak area * attenuation factor against calculated concentration to obtain calibration curve. Figure 18-7. Standards prepared by dilution of cylinder standard. EMTIC M-18 EMTIC NSPS Test Method Page 34 Preparation of Standards by Dilution of Cylinder Standard Cylinder Standard: Organic Certified Concentration ppm Standards Preparation Data: Date: Stage 1 Mixture 1 Mixture 2 Mixture 3 Standard gas flowmeter reading Diluent gas flowmeter reading Laboratory temperature (°K) Barometric pressure (mm Hg) Flowmeter gage pressure (mm Hg) Flow rate cylinder gas at standard conditions (ml/min) Flow rate diluent gas at standard conditions (ml/min) Calculated concentration (ppm) Stage 2 (if used) Standard gas flowmeter reading Diluent gas flowmeter reading Flow rate Stage 1 gas at standard conditions (ml/min) Flow rate diluent gas at standard conditions Calculated concentration (ppm) GC Operating Conditions: Sample loop volume (ml) Sample loop temperature (°C) Carrier gas flow rate (ml/min) Column temperature: Initial (°C) Program rate (°C/min) Final (°C) EMTIC M-18 EMTIC NSPS Test Method Page 33 High Concentration Waste Needle Valves Low Concentration Gas Rotarreters It Pressure Pressure PR PR Regulator Regulator Diluent Air Diluent Air Pure Substance or Pure Substance/Nitrogen Moture Figure 18-6. Two-Stage Dilution Apparatus. EMTIC M-18 EMTIC NSPS Test Method Page 32 Valve Component Gas "T" Connector Cylinder Component Rotameters With Flow Control Valves Valve IF Tedar Bag Cliuent Gas Cylinder Figure 18-5. Single-Stage Calibration Gas Dilution System. EMTIC M-18 EMTIC NSPS Test Method Page 31 1/2 Flow rate Flow rate (laboratory conditions) (STD_conditions) Figure 18-4 (cont.). Flowmeter calibration. EMTIC M-18 EMTIC NSPS Test Method Page 30 Figure 18-4. Flowmeter Calibration. Flowmeter number or identification Flowmeter Type Method: Bubble meter Spirometer Wet test meter Readings at laboratory conditions: Laboratory temperature (T₁ab) °K Laboratory barometric pressure (P lab) mm Hg Flow data: Flowmeter reading (as marked) temp. (°K) pressure (absolute) Calibration device Time (min) Gas Volume Flow Rateᵇ Vol. of gas may be measured in milliliters, liters or cubic feet. bConvert to standard conditions (20°C and 760 mm Hg). Plot flowmeter reading against flow rate (standard conditions), and draw a smooth curve. If the flowmeter being calibrated is a rotameter or other flow device that is viscosity dependent, it may be necessary to generate a "family" of calibration curves that cover the operating pressure and temperature ranges of the flowmeter. While the following technique should be verified before application, it may be possible to calculate flow rate reading for rotameters at standard conditions Qstd as follows: EMTIC M-18 EMTIC NSPS Test Method Page 29 Organic Peak Identification and Calculated Concentrations: Injection time (24 hour clock) Distance to peak (cm) Chart speed (cm/min) Organic retention time (min) Attenuation factor Peak height (mm) Peak area (mm₂) Peak area * attenuation factor (mm₂) Calculated concentration (ppm) (Equation 18-3 or 18-4) Plot peak area * attenuation factor against calculated concentration to obtain calibration curve. Figure 18-3 (cont.). Standards prepared in Tedlar bags and calibration curve. EMTIC M-18 EMTIC NSPS Test Method Page 28 Figure 18-3. Preparation of Standards in Tedlar Bags and Calibration Curve. Standards Mixture Mixture Mixture Standards Preparation Data: #1 #2 #3 Organic: Bag number or identification Dry gas meter calibration factor Final meter reading (liters) Initial meter reading (liters) Metered volume (liters) Average meter temperature (°K) Average meter pressure, gauge (mm Hg) Average atmospheric pressure (mm Hg) Average meter pressure, absolute (mm Hg) Syringe temperature (°K) (see Section 6.2.2.1) Syringe pressure, absolute (mm Hg) (see Section 6.2.2.1) Volume of gas in syringe (ml) (Section 6.2.2.1) Density of liquid organic (g/ml) (Section 6.2.2.2) Volume of liquid in syringe (ml) (Section 6.2.2.2) GC Operating Conditions: Sample loop volume (ml) Sample loop temperature (°C) Carrier gas flow rate (ml/min) Column temperature Initial (°C) Rate change (°C/min) Final (°C) EMTIC M-18 EMTIC NSPS Test Method Page 27 Components_to_be_analyzed Expected_concentration Suggested chromatographic column Column flow rate ml/min Head pressure mm Hg Column temperature: Isothermal °C Programmed from °C to °C at °C/min Injection port/sample loop temperature °C Detector temperature °C Detector flow rates: Hydrogen ml/min. head pressure mm Hg Air/Oxygen ml/min. head pressure mm Hg Chart speed inches/minute Compound data: Compound Retention_time Attenuation Figure 18-2. Chromatographic conditions data sheet. EMTIC M-18 EMTIC NSPS Test Method Page 26 ppm C. Sampling considerations Location to set up GC Special hazards to be considered Power available at duct Power available for GC Plant safety requirements Vehicle traffic rules Plant entry requirements Security agreements Potential problems D. Site diagrams. (Attach additional sheets if required). Figure 18-1 (continued). Preliminary survey data sheet. EMTIC M-18 EMTIC NSPS Test Method Page 25 III. Sampling site A. Description Site description Duct shape and size Material Wall thickness inches Upstream distance inches diameter Downstream distance inches diameter Size of port Size of access area Hazards Ambient temp. °F B. Properties of gas stream Temperature °C °F, Date source Velocity , Data source Static pressure inches H2O, Data source Moisture content %, Data source Particulate content , Data source Gaseous components N₂ % Hydrocarbons ppm O₂ % CO % CO₂ % SO₂ % Hydrocarbon components ppm ppm ppm ppm ppm EMTIC M-18 EMTIC NSPS Test Method Page 24 I. Name of company Date Address Contacts Phone Process to be sampled Duct or vent to be sampled II. Process description Raw material Products Operating cycle Check: Batch Continuous Cyclic Timing of batch or cycle Best time to test Figure 18-1. Preliminary survey data sheet. EMTIC M-18 EMTIC NSPS Test Method Page 23 22. Tentative Method for Continuous Analysis of Total Hydrocarbons in the Atmosphere. Intersociety Committee, American Public Health Association. Washington, D.C. 1972. p. 184-186. 23. Zwerg, G. CRC Handbook of Chromatography, Volumes I and II. Sherma, Joseph (ed.). CRC Press. Cleveland. 1972. EMTIC M-18 EMTIC NSPS Test Method Page 22 10. Federal Register, 41771-41776. 1977. 11. Fishbein, L. Chromatography of Environmental Hazards, Volume II. Elesevier Scientific Publishing Company. New York, N.Y. 1973. 12. Hamersma, J.W., S.L. Reynolds, and R.F. Maddalone. EPA/IERL-RTP Procedures Manual: Level 1 Environmental Assessment. U.S. Environmental Protection Agency. Research Triangle Park, N.C. Publication No. EPA 600/276-160a. June 1976. 130 p. 13. Harris, J.C., M.J. Hayes, P.L. Levins, and D.B. Lindsay. EPA/IERL-RTP Procedures for Level 2 Sampling and Analysis of Organic Materials. U.S. Environmental Protection Agency. Research Triangle Park, N.C. Publication No. EPA 600/7-79-033. February 1979. 154 p. 14. Harris, W.E., H.W. Habgood. Programmed Temperature Gas Chromatography. John Wiley and Sons, Inc. New York. 1966. 15. Intersociety Committee. Methods of Air Sampling and Analysis. American Health Association. Washington, D.C. 1972. 16. Jones, P.W., R.D. Grammer, P.E. Strup, and T.B. Stanford. Environmental Science and Technology. 10:806-810. 1976. 17. McNair Han Bunelli, E.J. Basic Gas Chromatography. Consolidated Printers. Berkeley. 1969. 18. Nelson, G.O. Controlled Test Atmospheres, Principles and Techniques. Ann Arbor. Ann Arbor Science Publishers. 1971. 247 p. 19. NIOSH Manual of Analytical Methods, Volumes 1, 2, 3, 4, 5, 6, 7. U.S. Department of Health and Human Services, National Institute for Occupational Safety and Health. Center for Disease Control. 4676 Columbia Parkway, Cincinnati, Ohio 45226. April 1977 - August 1981. May be available from the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402. Stock Number/Price: Volume 1 - 017-033-00267-3/$13 Volume 5 - 017-033-00349-1/$10, Volume 2 - 017-033-00260-6/$11 Volume 6 - 017-033-00369-6/$9, Volume 3 - 017-033-00261-4/$14 Volume 7 - 017-033-00396-5/$7. Volume 4 - 017-033-00317-3/$7.25 Prices subject to change. Foreign orders add 25 percent. 20. Schuetzle, D., T.J. Prater, and S.R. Ruddell. Sampling and Analysis of Emissions from Stationary Sources; I. Odor and Total Hydrocarbons. Journal of the Air Pollution Control Association. 25 (9) : 925-932. 1975. 21. Snyder, A.D., F.N. Hodgson, M.A. Kemmer and J.R. McKendree. Utility of Solid Sorbents for Sampling Organic Emissions from Stationary Sources. U.S. Environmental Protection Agency. Research Triangle Park, N.C. Publication No. EPA 600/2-76-201. July 1976. 71 p. EMTIC M-18 EMTIC NSPS Test Method Page 21 R = mv S X Vₛ where: S = theoretical mass of compound spiked onto adsorbent in spiked train (µg). 7.6.3.1 Repeat the procedure in Section 7.6.3 twice more, for a total of three runs. In order for the adsorbent tube sampling and analytical procedure to be acceptable for a compound, 0.70<R<1.30 (R in this case is the average of three runs). If the average R value does not meet this criterion for a target compound, the sampling technique is not acceptable for that compound, and therefore another sampling technique shall be evaluated for acceptance (by repeating the recovery study with another sampling technique). Report the R value in the test report and correct all field measurements with the calculated R value for that compound by using the following equation: Measured Concentration (ppm) Reported Result = R 8. BIBLIOGRAPHY 1. American Society for Testing and Materials. C1 Through C5 Hydrocarbons in the Atmosphere by Gas Chromatography. ASTM D 2820-72, Part 23. Philadelphia, Pa. 23:950-958. 1973. 2. Corazon, V.V. Methodology for Collecting and Analyzing Organic Air Pollutants. U.S. Environmental Protection Agency. Research Triangle Park, N.C. Publication No. EPA-600/2-79-042. February 1979. 3. Dravnieks, A., B.K. Krotoszynski, J. Whitfield, A. O'Donnell, and T. Burgwald. Environmental Science and Technology. 5(12) 1200-1222. 1971. 4. Eggertsen, F.T., and F.M. Nelsen. Gas Chromatographic Analysis of Engine Exhaust and Atmosphere. Analytical Chemistry. 30(6): 1040-1043. 1958. 5. Feairheller, W.R., P.J. Marn, D.H. Harris, and D.L. Harris. Technical Manual for Process Sampling Strategies for Organic Materials. U.S. Environmental Protection Agency. Research Triangle Park, N.C. Publication No. EPA 600/2-76-122. April 1976. 172 p. 6. Federal Register, 39 FR 9319-9323. 1974. 7. Federal Register, 39 FR 32857-32860. 1974. B. Federal Register, 23069-23072 and 23076-23090. 1976. 9. Federal Register, 46569-46571. 1976. EMTIC M-18 EMTIC NSPS Test Method Page 20 where: t = measured average concentration (ppm) of target compound and source sample (analysis results subsequent to bag spiking) u = source sample average concentration (ppm) of target compound in the bag (analysis results before bag spiking) S = theoretical concentration (ppm) of spiked target compound in the bag For the bag sampling technique to be considered valid for a compound, 0.70 â R ≤ 1.30. If the R value does not meet this criterion for a target compound, the sampling technique is not acceptable for that compound, and therefore another sampling technique shall be evaluated for acceptance (by repeating the recovery study with another sampling technique). Report the R value in the test report and correct all field measurements with the calculated R value for that compound by using the following equation: Reported Result = Measured Concentration (ppm) R 7.6.3 Recovery Study for Adsorption Tube Sampling. If following the adsorption tube procedure in Section 7.4, conduct a recovery study of the compounds of interest during the actual field test. Set up two identical sampling trains. Collocate the two sampling probes in the stack. The probes shall be placed in the same horizontal plane, where the first probe tip is 2.5 cm from the outside edge of the other and with a pitot tube on the outside of each probe. One of the sampling trains shall be designated the spiked train and the other the unspiked train. Spike all of the compounds of interest (in gaseous or liquid form) onto the adsorbent tube (s) in the spiked train before sampling. The mass of each spiked compound shall be 40 to 60 percent of the mass expected to be collected with the unspiked train. Sample the stack gas into the two trains simultaneously. Analyze the adsorbents from the two trains utilizing the same analytical procedure and instrumentation. Determine the fraction of spiked compound recovered (R) using the following equations. my where: mv = mass per volume of spiked compound measured (µg/L). ms = total mass of compound measured on adsorbent with spiked train (µg) Vₛ = volume of stack gas sampled with spiked train (L). mu = total mass of compound measured on adsorbent with unspiked train (µg). Vu = volume of stack gas sampled with unspiked train (L). EMTIC M-18 EMTIC NSPS Test Method Page 19 checks immediately after sampling with all sampling train components in place. Perform all leak-checks according to the manufacturer's instructions, and record the results. Use the bubble-tube flowmeter to measure the pump volume flow rate with the orifice used in the test sampling, and record the result. If it has changed by more than 5 but less than 20 percent, calculate an average flow rate for the test. If the flow rate has changed by more than 20 percent, recalibrate the pump and repeat the sampling. 7.4.4.5 Calculations. All calculations can be performed according to the respective NIOSH method. Correct all sample volumes to standard conditions. If a sample dilution system has been used, multiply the results by the appropriate dilution ratio. Correct all results according to the applicable procedure in