Regl. 6303, art. 710 dup2
PENALIDAD POR INCUMPLIMIENTO
Length: 42,484 wordsOfficial source
Cite as Reglamento Núm. 6303, Art. 710 dup2
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