U.S. DEPARTMENT OF COMMERCE
National Technical Information Service
PB-290 283
Air Pollution Regulations in State
Implementation Plans: North Dakota
Abcor Inc, Wilmington, MA Walden Div
Prepared for
Environmental Protection Agency, Research Triangle Park, NC
Aug 78
-------
United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standards
Research Triangle Park NC 27711
PB 290283
EPA-450/3-78-084
August 1978
Air
Air Pollution Regulations
in State Implementation
Plans:
North Dakota
REPRODUCED BY
"NATIONAL TECHNICAL
INFORMATION SERVICE
U. S. DEPARTMENT OF COMMERCE
SPRINGFIELD. VA. 22161
-------
TECHNICAL REPORT DATA
(Please read Instructions on the reverse before completing}
1. REPORT NO.
EPA-450/3-78-084
2.
3. RECIPIENT'S ACCESSIOr*NO.
PŁ JLQo 2R*>
4. TITLE AND SUBTITLE 5. REPORT DATE '
Air Pollution Regulations in State Implementation i August 1978
•Plans: North Dakota
7. AUTHOR(S)
9. PERFORMING ORGANIZATION NAME AND ADDRESS
Wai den Division of Abcor, Inc.
Wilmington, Mass.
12. SPONSORING AGENCY NAME AND ADDRESS
Control Programs Development Division
Office of Air Quality Planning and Standar
Office of Air, Noise, and Radiation
Research Triangle Park, NC 27711
15. SUPPLEMENTARY NOTES
EPA Project Officer: Bob Schell , Control
6. PERFORMING ORGANIZATION CODE
8. PERFORMING ORGANIZATION REPORT NO.
10. PROGRAM ELEMENT NO.
11. CONTRACT/GRANT NO.
68-02-2890
13. TYPE OF REPORT AND PERIOD COVERED
Jg 14. SPONSORING AGENCY CODE
Programs Development Division
16. ABSTRACT
This document has been produced in compliance with Section 110(h)(l) of the Clean Air
Act amendments of 1977. The Federally enforceable regulations contained in the State
Implementation Plans (SIPs) have been compiled for all 56 States and territories
(with the exception of the Northern Mariana Islands). They consist of both the
Federally approved State and/or local air quality regulations as indicated in the
Federal Register and the Federally promulgated regulations for the State, as
indicated in tFe Federal Register. Regulations which fall into one of the above
categories as of January 1, 1978, have been incorporated. As mandated by Congress,
this document will be updated annually. State and/or local air quality regulations
which have not been Federally approved as of January 1, 1978, are not included here;
omission of these regulations from this document in no way affects the ability of
the respective Federal, State, or local agencies to enforce such regulations.
17.
KEY WORDS AND DOCUMENT ANALYSIS
a. DESCRIPTORS
Air pollution
Federal Regulations
Pollution
State Implementation Plans
18. DISTRIBUTION STATEMENT
RELEASE UNLIMITED
b.lDENTIFIERS/OPEN ENDED TERMS C. COSATI Field/Group
19. SECURITY CLASS (This Report)
Unclassified - ,
20. SECURITY CLASS (This page) 22. PRICE fi..- M =
Unclassified ^ 12, - 9l
EPA Form 2220-1 (9-73)
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EPA-450/3-78-084
Air Pollution Regulations
in State Implementation Plans
North Dakota
by
Walden Division of Abcor, Inc.
Wilmington, Massachusetts
Contract No. 68-02-2890
EPA Project Officer: Bob Schell
Prepared for
U.S. ENVIRONMENTAL PROTECTION AGENCY
Office of Air, Noise, and Radiation
Office of Air Quality Planning and Standards
Research Triangle Park, North Carolina 27711
August 1978
-------
This report is issued by the Environmental Protection Agency to
report air pollution regulations of interest to a limited number of
readers. Copies are available, for a fee, from the National Technical
Information Service, 5285 Port Royal Road, Springfield, VA 22161.
This report was furnished to the Environmental Protection Agency by
Walden Division of Abcor, Inc., Wilmington, Mass. 01887, in fulfillment
of Contract No. 68-02-2890. The contents of this report are reproduced
herein as received from Walden Division of Abcor, Inc. The opinions,
findings, and conclusions expressed are those of the author and not
necessarily those of the Environmental Protection Agency. Mention of
company or product names is not to be considered as an endorsement
by the Environmental Protection Agency.
Publication No. EPA-450/3-78-084
11
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INTRODUCTION
This document has been produced in compliance with Section 110(h)(l)
of the Clean Air Act Amendments of 1977. The Federally enforceable
regulations contained in the State Implementation Plans (SIPs) have been
compiled for all 56 States and territories (with the exception of the
Northern Mariana Islands). They consist of both the Federally approved
State and/or local air quality regulations as indicated in the Federal
Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of
the above categories as of January 1, 1978, have been incorporated. As
mandated by Congress, this document will be updated annually. State
and/or local air quality regulations which have not been Federally
approved as of January 1, 1978, are not included here; omission of these
regulations from this document in no way affects the ability of the
respective Federal, State, or local agencies to enforce such regulations.
There have been recent changes in the Federal enforceability of
parking management regulations and indirect source regulations. The
October, 1977, appropriation bill for EPA prohibited Federal enforcement
of parking management regulations in the absence of specific Federal
authorizing legislation. Federally promulgated parking management
regulations have, therefore, been suspended indefinitely. Pursuant to
the 1977 Clean Air Act Amendments, indirect source regulations may not
be required for the approval of a given SIP. Consequently, any State
adopted indirect source regulations may be suspended or revoked; State
adopted indirect source regulations contained in an applicable SIP
are Federally enforceable. More importantly, EPA may only promulgate
indirect source review regulations which are specific to Federally
funded, operated, or owned facilities or projects. Therefore, the
Federally promulgated indirect-source regulations appearing in this
document are not enforceable by EPA except as they relate to Federal
facilities.
Since State air quality regulations vary widely in their organization,
content, and language, a standardized subject index is utilized in this
document. Index listings consist of both contaminant and activity oriented
categories to facilitate usage. For example, for regulations which apply
to copper smelters, one might look under sulfur compounds (50.2), particu-
late matter process weight (50.1.1), or copper smelters (51.15). Federal
regulations pertaining to a given State immediately follow the approved
State and local regulations.
Additionally, a summary sheet of the information included in each
comprehensive document is presented prior to the regulatory text to
allow one to quickly assess the contents of the document. Specifically,
the summary sheets contain the date of submittal to EPA of each revision
in
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to the SIP and the date of the Federal Register in which the reyision
was either approved or disapproved by EPA. Finally, a brief description
or reference of the regulation which was submitted is also included.
This document is not intended to provide a tool for determining
the enforceability of any given regulation. As stated above, it is
intended to provide a comprehensive compilation of those regulations
which are incorporated directly or by reference into Title 40, Part 52,
of the Code of Federal Regulations. Consequently, the exclusion of a
Federally approved regulation from this document does not diminish the
enforceability of the regulation. Similarly, the inclusion of a given
regulation (for example, regulations governing pollutants, such as odors,
for which there is no national ambient air quality standards) in this
document does not, in itself, render the regulation enforceable.
IV
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SUMMARY SHEET
OF
EPA-APPROVED REGULATION CHANGES
NORTH DAKOTA
Submittal Date
5/26/76
Approval Date
5/26/77
Description
R23-25-01 THRU R23-25-11;
R23-25-12 THRU R23-25-15;
APPENDIX to R23-25-12
R23-25-13
Section Number
52.1824
52.1829
FEDERAL REGULATION
Description
Regulation for Review of New or Modified Indirect
Sources
Regulation for Prevention of Significant Deterior-
ation
(Note: 52.21 (b), (c), (d), (e), (f) are for
purposes of (a) providing for preconstruction re-
view by the administrator of federally owned or
operated stationary sources and stationary sources
located on federal or Indian lands; and (b) per-
mitting federal managers and Indian governing
bodies to propose redesignation in accordance with
the procedures of 52.21 (c).
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DOCUMENTATION OF CURRENT EPA-APPROVED
STATE AIR POLLUTION REGULATIONS
REVISED STANDARD SUBJECT INDEX
1.0 DEFINITIONS
2.0 GENERAL PROVISIONS AND ADMINISTRATIVE PROCEDURES
3.0 REGISTRATION CERTIFICATES, OPERATING PERMITS AND APPLICATIONS
4.0 AIR QUALITY STANDARDS (PRIMARY AND SECONDARY)
4.1 PARTICULATES
4.2 SULFUR DIOXIDE
4.3 NITRIC OXIDES
4.4 HYDROCARBONS
4.5 CARBON MONOXIDE
4.6 OXIDANTS
4.7 OTHERS
5.0 VARIANCES
6.0 COMPLIANCE SCHEDULES
7.0 EQUIPMENT MALFUNCTION AND MAINTENANCE
S.'O EMERGENCY EPISODES
9.0 AIR QUALITY SURVEILLANCE AND SOURCE TESTING
10.0 NEW SOURCE PERFORMANCE STANDARDS
11.0 NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS
12.0 MOTOR VEHICLE EMISSIONS AND CONTROLS
13.0 RECORD KEEPING AND REPORTING
14.0 PUBLIC AVAILABILITY OF DATA
15.0 LEGAL AUTHORITY AND ENFORCEMENT
16.0 HEARINGS, COMPLAINTS, AND INVESTIGATIONS
17.0 PREVENTION OF SIGNIFICANT DETERIORATION
18.0 AIR QUALITY MAINTENANCE AREA
19.0 - 49.0
RESERVED FOR FUTURE EXPANSION OF COMMON INDEX
50.0 POLLUTANT - SPECIFIC REGULATIONS
50.1 PARTICULATES
50.1.1 PROCESS WEIGHT
50.1.2 VISIBLE EMISSIONS
50.1.3 GENERAL
VI
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50.2 SULFUR COMPOUNDS
50.3 NITRIC OXIDES
50.4 HYDROCARBONS
50.5 CARBON MONOXIDE
50.6 ODOROUS POLLUTANTS
50.7 OTHERS (Pb, Hg, etc.)
51.0 SOURCE CATEGORY SPECIFIC REGULATIONS
51.1 AGRICULTURAL PROCESSES (includes Grain Handling, Orchard Heaters,
Rice and Soybean Facilities, Related Topics)
51.2 COAL OPERATIONS (includes Cleaning, Preparation, Coal Refuse
Disposal Areas, Coke Ovens, Charcoal Kilns, Related Topics)
51.3 CONSTRUCTION (includes Cement Plants, Materials Handling, Topics
Related to Construction Industry)
51.4 FERROUS FOUNDRIES (includes Blast Furnaces, Related Topics)
51.5 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - Particulates
(includes Fuel Content and Other Related Topics)
51.6 FUEL.BURNING EQUIPMENT (coal, natural gas, oil) - S02 (includes
Fuel Content and Other Related Topics)
51.7 FUEL BURNING EQUIPMENT (oil, natural gas, coal) - N02 (includes
Fuel Content and Other Related Topics)
51.8 HOT MIX ASPHALT PLANTS
51.9 INCINERATION
51.10 NITRIC ACID PLANTS
51.11 NON-FERROUS SMELTERS (Zn, Cu, etc.) - Sulfur Dioxide
51.12 NUCLEAR ENERGY FACILITIES (includes Related Topic)
51.13 OPEN BURNING (includes Forest Management, Forest Fire, Fire
Fighting Practice, Agricultural Burning and Related Topics)
51.14 PAPER PULP; WOOD PULP AND KRAFT MILLS (includes Related Topics)
51.15 PETROLEUM REFINERIES
51.16 PETROLEUM STORAGE (includes Loading, Unloading, Handling and
Related Topics)
51.17 SECONDARY METAL OPERATIONS (includes Aluminum, Steel and Related
Topics)
51.18 SULFURIC ACID PLANTS
51.19 SULFURIC RECOVERY OPERATIONS
51.20 WOOD WASTE BURNERS
51.21 MISCELLANEOUS TOPICS
VII
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TABLE OF CONTENTS
Revised Standard
Subject Index
(2.0)
(2.0)
(15.0)
(1.0)
(15.0)
(5.0)
(2.0)
(2.0)
(2.0)
(9.0)
(7.0)
(6.0)
(2.0)
- -
(2.0)
(2.0)
(4.0)
NORTH DAKOTA
Section Number
R23-25-01
1.010
1.020
1.030
1.040
1.050
1.060
1.070
1.080
1.090
1.110
1.120
1.130
1.140
R23-25-02
2.100
2.200
2.300
REGULATIONS
Title
General Provisions
Purpose
Scope
Authority
Definitions
Entry Onto Premises - Authority
Variances
Circumvention
Severability
Land Use Plans and Zoning
Regulations
Measurement of Emissions of
Air Contaminants
Shutdown and Malfunction of
an Installation - Requirement
for Notification
Time Schedule for Compliance
Prohibition of Air Pollution
Ambient Air Quality
Standards
Scope
Purpose
Air Quality Guidelines
Page
1
1
1
1
1
5
5
6
6
6
7
7
9
9
10
10
10
10
VIII
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Revised Standard
Subject Index Section Number Title Page
(4.0) 2.400 Ambient Air Quality 10
Standards
(50.1) 2.410 Particulates and Gases 10
(50.7) 2.420 Radioactive Substances 11
(50.7) 2.430 Other Air Contaminants 11
(9.0) 2.500 Methods of Sampling and 11
Analysis
(4.0) 2.600 Reference Conditions 11
(4.0) 2.700 Degradation of Ambient Air 11
Having a Higher Quality Than
Set Forth in 2.400 Restricted
(4.0) 2.800 Concentrations of Air Con- 12
taminants in the Ambient Air
Restricted
- - R23-25-03 Restriction of Emission of 18
Visible Air Contaminants
(50.1.2) 3.100 Restrictions Applicable to 18
Existing Installations
(50.1.2) 3.200 Restrictions Applicable to 18
New Installations and all
Incinerators
(2.0) 3.300 Exceptions 18
(9.0) 3.400 Method of Measurement 19
- - R23-25-04 Open Burning Restrictions 20
(51.13) 4.100 Refuse Burning Restrictions 20
(51.13) 4.200 Permissible Open Burning 20
- - R23-25-05 Emissions of Particulate 23
Matter Restricted
IX
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Revised Standard
Subject Index Section Number Title Page
(50.1.1) 5.100 Restriction of Emission of 23
Particulate Matter from
Industrial Processes
(2.0) 5.110 General Provisions 23
(50.1.1) 5.120 Emission Limitations 23
(2.0) 5.130 Exceptions 23
(51.5) 5.200 Maximum Allowable Emission 25
of Particulate Matter from
Fuel Burning Equipment Used
for Indirect Heating
(2.0) 5.210 General Provisions 26
(51.5) 5.220 Emission Limitations 26
(51.9) 5.300 Incinerators 28
(2.0) 5.310 General Provisions 28
(51.9) 5.320 Restriction of Emissions of 28
Particulate Matter from
Incinerators
(50.1) 5.400 Preventing Particulate Matter 29
from Becoming Airborne
- - R23-25-06 Emissions of Sulfur Compounds 32
Restricted
(51.6) 6.100 Restriction of Emissions of 32
Sulfur Dioxide From Use of
Fuel
(51.6) 6.200 Restriction of Emissions of 32
Sulfur Oxides From Industrial
Processes
(9.0) 6.300 Methods of Measurement 33
- - R23-25-07 Control of Organic Compounds 34
Emissions
-------
Revised Standard
Subject Index Section Number Title Page
(51.16) 7.100 Requirements for Construction 34
of Organic Compounds
Facilities
(51.16) 7.200 Requirements for Organic Com- 35
pounds Gas Disposal
- - R23-25-08 Control of Air Pollution From 36
Vehicles and Other Internal
Combustion Engines
(12.0) 8.100 Internal Combustion Engine 36
Emissions Restricted
(12.0) 8.200 Removal and/or Disabling of . 36
Motor Vehicle Pollution Con-
trol Devices Prohibited
- - R23-25-09 Emission of Certain Settleable 37
Acids and Alkaline Substances
Restricted
(2.0) 9.100 General Provisions 37
(51.21) 9.200 Emissions Restricted 37
(9.0) 9.300 Method of Measurement 37
R23-25-10 Control of Pesticides 38
(51.21) 10.100 Pesticide Use Restricted 38
(51.21) 10.200 Restictions on the Disposal of 38
Surplus Pesticides and Empty
Pesticide Containers
- - R23-25-11 Prevention of Air Pollution 39
Emergency Episodes
(8.0) 11.100 Air Pollution Emergency 39
(8.0) 11.200 Air Pollution Episode Criteria 39
(8.0) 11.300 Abatement Strategies Emission 39
Reduction Plans
XI
-------
Revised Standard
Subject Index Section Number
(8.0)
(2.0)
(9.0)
(2.0)
11.400
R23-25-12
(2.0)
(2.0)
(1.0)
(2.0)
(2.0)
(2.0)
(13.0)
12.100
12.101
12.102
12.103
12.104
12.105
12.106
(9.0) 12.107
(14.0) 12.108
(6.0)(7.0) 12.109
12.110
12.111
12.400
(51.5)"(51.6)(51.7) 12.401
(51.9)
(51.3)
(51.10)
12.402
12.403
12.404
Title Page
Preplanned Abatement Strate- 39
gies Plans
Standards of Performance for 50
New Stationary Sources
General Provisions 50
Applicability 50
Definitions 50
Abbreviations 53
Determination of Construction 53
of Modification
Review of Plans 54
Notification and Record 54
Keeping
Performance Tests 56
Availability of Information 57
Compliance With Standards and 58
Maintenance Requirements
Circumvention 60
Monitoring Requirements 60
Standards of Performance 66
Standards of Performance for 66
Fossil-Fuel Steam
Generators
Standards of Performance for 78
Incinerators
Standards of Performance for 82
Portland Cement Plants
Standards of Performance for 84
Nitric Acid Plants
XII
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Revised Standard
Subject Index Section Number Title Page
(51.18) 12.405 Standards of Performance for 87
Sulfuric Acid Plants
(51.8) 12.406 Standards of Performance for 90
Asphalt Concrete Plants
(51.15) 12.407 Standards of Performance for 91
Petroleum Refineries
(51.16) 12.408 Standards of Performance for 100
Storage Vessels for Petroleum
Liquids
(51.17) 12.409 Standards of Performance for 103
Secondary Lead Smelters
(51.17) 12.410 Standards of Performance for 105
Secondary Brass and Bronze
Ingot Production Plants
(51.4) 12.411 Standards of Performance for 107
Iron and Steel Plants
(51.9) 12.412 Standards of Performance for 108
Sewage Treatment Plants
(51.21) 12.417 Standards of Performance for 112
the Phosphate Fertilizer
Industry: Wet Process Phos-
phoric Acid Plants
(51.21) 12.418 Standards of Performance for 115
the Phosphate Fertilizer
Industry: Super-Phosphoric
Acid Plants
(51.21) 12.419 Standards of Performance for 118
the Phosphate Fertilizer
Industry: Diammonium Phosphate
Plants
(51.21) 12.420 Standards of Performance for 121
the Phosphate Fertilizer In-
dustry: Triple Superphosphate
Plants
XIII
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Revised Standard
Subject Index
Section Number
(51.21)
(51.4)
- -
(2.0)
(2.0)
(i.o)
(2.0)
(2.0)
(2.0)
(3.0)
(3.0)
(3.0)03.0)
(3.0)(6.0)
(9.0)
(2.0M9.0)
(9.0)
12.421
12.424
R23-25-13
13.100
13.101
13.102
13.103
13.104
13.105
13.106
13.107
13.108
13.109
13.110
13.111
13.112
(14.0)
13.113
Title Page
Standards of Performance for 124
the Phosphate Fertilizer
Industry: Granular Triple
Superphosphate Storage
Facilities
Standards of Performance for 127
Steel Plants: Electric Arc
Furnaces
Emission Standards for Haz- 137
ardous Air Pollutants
General Provisions 137
Applicability 137
Definitions 137
Abbreviations 138
Prohibited Activities 139
Determination of Construe- 140
tion Modification
Application for Permit to 140
Construct
Notification of Startup 140
Source Reporting and Applica- 140
tion for Permit to Operate
Permit and Compliance Schedule 142
Emission Tests and Monitoring 143
Waiver of Emission Tests 144
Source Test and Analytical 144
Methods
Availability of Information 145
XIV
-------
Revised Standard
Subject Index
(2.0)
(50.7)
(2.0)
(1.0)
(50.7)
(8.0)
(13.0)
(51.9)
(50.7)
(2.0)
d.o)
(50.7)
(9.0)
(9.0)
(50.7)
(2.0)
(1.0)
(50.7)
(9.0)
(9.0)
(50.7)
Section Number
13.114
13.200
13.201
13.202
13.203
13.204
13.205
13.206
13.300
13.301
13.302
13.303
13.304
13.305
13.400
13.401
13.402
13.403
13.404
13.405
13.500
Title Page
Circumvention 145
Emission Standard for Asbestos 145
Applicability 145
Definitions 145
Emission Standard 148
Air-Cleaning 160
Reporting 160
Waste Disposal Sites 161
Emission Standard for Beryllium 163
Applicability 163
Definitions 163
Emission Standard 164
Stack Sampling 166
Air Sampling 167
Emission Standard for Beryllium 168
Rocket Motor Firing
Applicability 168
Definitions 168
Emission Standard 168
Emission Testing - Rocket 168
Firing or Propel!ant
Disposal
Stack Sampling 169
Emission Standard for Mercury 169
xv
-------
Revised Standard
Subject Index
(2.0)
(1.0)
(50.7)
(9.0)
(9.0)
(9.0)
(2.0)
(2.0)
(3.0)
(3.0)
(3.0)
(3.0)
(3.0)
(3.0)
(3.0)
(3.0)
(3.0)
Section Number
13.501
13.502
13.503
13.504
13.505
13.506
R23-25-14
14.100
14.200
14.201
14.202
14.203
14.204
14.205
14.206
14.207
14.208
(3.0)
(3.0)
14.209
14.210
Title Page
Applicability 169
Definitions 169
Emission Standard 171
Stack Sampling 171
Sludge Sampling 174
Emission Monitoring 176
Designated Air Contaminant 178
Sources, Permit to Construct,
Permit to Operate
Designated Air Contaminant 178
Sources
Permit to Construct 183
Permit to Construct Required 183
Application for Permit 183
to Construct
Alterations to Soruce 183
Submission of Plans - Defi- 184
ciencies in Application
Review of Application - 184
Standard for Granting Permits
Public Participation - Final 185
Action on Application
Denial of Permit to Construct 186
Issuance of Permit to 186
Construct
Permit to Construct - 186
Conditions
Scope 186
XVI
-------
Revised Standard
Subject Index
(3.0)
(3.0)
(3.0)
(3.0)
(3.0)(9.0)
(3.0)
(3.0)
(3.0)
(3.0)
(3.0)
(3.0)
(2.0)
(9.0)
(6.0)
(3.0)
(3.0)
(3.0)
(3.0)
Section Number
14.300
14.301
14.302
14.303
14.304
14.305
14.306
14.307
14.308
14.309
14.400
14.401
14.402
14.403
14.404
14.405
14.406
14.407
Title Page
Permit to Operate 187
Permit to Operate Required 187
Appliation for Permit to 187
Operate
Standards for Granting Permits 188
to Operate
Performance Testing 188
Action on Applications 188
Permit to Operate - 188
Conditions
Suspension or Revocation of 189
Permit to Operate
Transfer of Permit to Operate 189
Renewal of Permit to Operate 189
Common Provisions Applicable 189
to Both Permit to Construct
and Permit to Operate
Exemptions 189
Performance and Emission 193
Testing
Responsibility to Comply 194
Portable Sources 194
Registration of Exempted 194
Stationary Sources
Extensions of Time 194
Amendment of Permits 194
XVII
-------
Revised Standard
Subject Index Section Number
R23-25-15
(2.0)
(i.o)
(17.0)
15.100
15.101
15.102
Title
Prevention of Significant
Deterioration of Air
Quality
General Provisions
Definitions
Significant Deterioration
of Air Quality
Page
196
196
196
197
FEDERALLY PROMULGATED REGULATIONS
Revised Standard
Subject Index
(10.0)
(17.0)
Section Number
52.1824
52.1829
Title
Review of New or Modified
Indirect Sources
Prevention of Significant
Deterioration
Page
207
217
XVIII
-------
F.23-25-01 GENERAL PROVISIONS
(2.0) 1.010 PURPOSE
It is the purpose of these air quality standards and emission regula-
tions to state such requirements as shall be required to maintain or
obtain reasonable levels of air quality consistent with the protec-
tion of health and the prevention of injury to plant, animal life and
property in the State of North Dakota, to promote the economic and
social development of the State; and to provide for the comfortable
enjoyment of the natural attractions of the State to the greatest
extent practical.
(2.0) 1.020 SCOPE
These air quality standards and emission regulations apply to any
source or emission existing partially or wholly within the State of
North Dakota.
(15.0) 1.030 AUTHORITY
The North Dakota State Department of Health has been authorized to
provide and administer these regulations under the provisions of
Section 23-25-01 through' Section 23-25-10 of Chapter 23-25 of "the
North Dakota Century Code.
(1.0) 1.040 DEFINITIONS
As used in these regulations, except as otherwise specifically pro-
vided or where the context indicates otherwise, the following words
shall have the meanings ascribed to them in this section:
(1) "Act" shall mean Section 23-25-01 through Section 23-25-01 of
Chapter 23-25- of the North Dakota Century Code.
(2) "Air contaminant" shall mean dust, fumes, mist, smoke, other
particulate matter, vapor, gas, or any combination thereof,
not including water vapor, water mist, or steam condensate.
(3) "Air pollution" shall mean the presence in the outdoor atmos-
phere of one or more air contaminants in such quantities and
duration as to threaten or endanger or is injurious to human
health or welfare, animal or plant life, or property.
(4) "Ambient air" shall mean the outdoor air that envelops or
surrounds the earth.
(5) "ASME" shall mean the American Society of Mechanical Engineers,
345 East 47th Street, New York, New York.
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(6) "ASTM" shall mean the American Society for Testing and
Materials, 1916 Race Street, Philadelphia, Pennsylvania.
(7) "Control equipment" shall mean any device or contrivance
which prevents or reduces emissions.
(8) "Department" shall mean the North Dakota State Department of
Health.
(9) "Emission" shall mean a release of air contaminants into the
ambient air.
(10) "Existing" shall mean equipment, machines, devices, articles,
contrivances or installations which are in being or have been
purchased on or before the effective date of these regulations;
except that any existing equipment, machine, device, article,
contrivance or installation which is altered, repaired or rebuilt
after the effective date of these regulations shall be re-
classified as "new" if such alteration, rebuilding, or repair
results in the emission of an additional or greater amount of
air contaminants.
(11) "Fuel burning equipment" shall mean any furnace, boiler appara-
tus, stack, or appurtenances thereto used in the process of
burning fuel or other combustible material for the primary
purpose of producing heat or power by indirect heat transfer.
(12) "Fugitive dust" shall mean solid airborne particulate matter
emitted from any source other than through a stack or chimney.
(13) "Garbage" shall mean petrescible animal and vegetable wastes
resulting from the handling, preparation, cooking and consump-
tion of food, including wastes from markets, storage facilities,
handling and scale of produce and other food products.
(14) "Heat input" shall mean the aggregate heat content of all fuels
whose products of combustion pass through a stack or stacks.
The heat input value to be used shall be the equipment manufac-
turer's or designer's guaranteed maximum input, whichever is
greater.
(15) "Incinerator" shall mean.any article, machine, equipment, device,
contrivance, structure or part of a structure used for the
destruction of garbage, rubbish, or other wastes by burning or
to process salvageable material by burning.
(16) "Installation" shall mean any property, real or personal,
including but not limited to processing equipment, manufacturing
equipment, fuel burning equipment, incinerators, or any other
equipment, or construction, capable of creating or causing
emissions.
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(17) "Multiple chamber incinerator" shall mean any article, machine,
equipment, contrivance, structure or part of a structure used
to dispose of combustible refuse by burning, consisting of three
or more refractory lined combustion furnaces in series physically
separated by refractory walls, interconnected by gas passage
ports or ducts and employing adequate parameters necessary for
maximum combustion of the material to be burned.
(18) "New" shall mean equipment, machines, devices, articles, contri-
vances or installations built or installed on or after the
effective date of these regulations, and installations existing
at said stated time which are later altered, repaired or rebuilt
and result in the emission of an additional or greater amount of
air contaminants. Any equipment moved to another premise involving
a change of address, or purchased and to be operated by a new
owner, or when a new lessee desires to operate such equipment
after the effective date of these regulations shall be considered
new.
(19) "Opacity" shall mean a state which renders material partially
or wholly impervious to rays of light and causes obstruction
of an observer's view.
(20) "Open burning" shall mean the burning of any matter in such a
manner that the products of combustion resulting from the
burning are emitted directly into the ambient air without passing
through an adequate stack, duct or chimney.
(21) "Particulate matter" shall mean any material, except water in un-
combined form that is or has been airborne, and exists as a
liquid or a solid at standard conditions.
(22) "Person" shall mean any individual, corporation, partnership, firm,
association, trust, estate, public or private institution, group,
agency, political subdivision of this State, and other state or
political subdivision or agency thereof and any legal successor,
representative agent or agency of the foregoing.
(23) "Pesticide" shall mean, but is not limited to (1) any agent,
substance, or mixture of substances intended to prevent, destroy,
control, or mitigate any insect, rodent, nematode, predatory
animal, snail, slug, bacterium, weed, and any other form of plant
or animal life, fungus, or virus, that may infect or be detri-
mental to persons, vegetation, crops, animals, structures, or
households or be present in any environment or which the
Department may declare to be a pest, except those bacteria,
fungi, .protozoa, or viruses on or in living man or other animals;
(2) any agent, substance, or mixture of substances intended to
be used as a plant regulator, defoliant, or. desiccant; and (3) any
other similar substance so designated by the Department, including,
but not limited to, herbicides, insecticides, fungicides, nemato-
cides, molluscacides, rodenticides, lampreycides, plant regulators,
gametocides, post-harvest decay preventatives, and antioxidants.
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(24) "Premises" shall mean any property, piece of land or real
estate or building.
(25) "Process weight" shall mean the total weight of all materials
introduced into any specific process which may cause emissions.
Solid fuels charged will be considered as part of the process
weight, but liquid and gaseous fuels and combustion air will
not.
(26) "Process weight rate" shall mean the rate established as follows:
(a) For continuous or long-run steady-state operations, the
total process weight for the entire period of continuous
operation or for a typical portion thereof, divided by the
number of hours of such period or portion thereof.
(b) For cyclical or batch operations, the total process weight
for a period that covers a complete operation or an integral
number of cycles, divided by the hours of actual process
operation during such a period. Where the nature of any
process or operation or the design of any equipment is such
as to permit more than one interpretation of this definition,
the interpretation that results in the minimum value for
allowable emission shall apply.
(27) "Public nuisance" shall mean any condition of the ambient air
beyond the property line of the offending person which is injurious
to health, or offensive to the senses, or which causes or consti-
tutes an obstruction to the free use of property, so as to inter-
fere with the comfortable enjoyment of life or property.
(28) "Refuse" shall mean any combustible waste material, trade waste,
rubbish, or garbage containing carbon in a free or combined state.
(29) "Rubbish" shall mean non-putrescible solid wastes consisting of
both combustible and non-combustible wastes. Combustible
rubbish includes paper, rags, cartons, wood, furniture, rubber,
plastics, yard trimmings, leaves, and similar materials. Non-
combustible rubbish includes glass, crockery, cans, dust, metal
furniture and like materials which will not burn at ordinary
incinerator temperatures (1,600°F. to 1,800°F.).
(30) "Salvage operation" shall mean any operation conducted in whole
or in part for the salvaging or reclaiming of any product or
material.
(31) "Smoke" shall mean small gas-borne particles resulting from in-
complete combustion, consisting predominantly, but not exclusively,
of carbon, ash and other combustible material, that form a visible
plume in the air.
(32) "Source" shall mean any property, real or personal, or person
contributing to air pollution.
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(33) "Source operation" shall mean the last operation preceding
emission which operation (a) results in the separation of the
air contaminant from the process materials or in the conversion
of the process materials into air contaminants, as in the case
of combustion fuel; and (b) is not an air pollution abatement
operation.
(34) "Stack or chimney" shall mean any flue, conduit or duct arranged
to conduct emissions.
(35) "Submerged fill pipe" shall mean any fill pipe the discharge
opening of which is entirely submerged when the liquid level
is six inches above the bottom of the tank; or when applied to
a tank which is loaded from the side, shall mean any fill pipe
the discharge opening of which is entirely submerged when the
liquid level is 1.5 times the fill pipe diameter in inches above
the bottom of the tank.
(36) "Standard conditions" shall mean a dry gas temperature of 60
degrees fahrenheit (15.6 degrees centigrade) and a gas pressure
of 14.7 pounds per square inch absolute (760 millimeters of
mercury.)
(37) "Trade waste" shall mean solid, liquid, or gaseous waste material
resulting from construction or the conduct of any business,
trade or industry, or any demolition operation including, but not
limited to wood, plastics, cartons, grease, oil, chemicals and
cinders.
(38) "Volatile organic compounds" shall mean any compound containing
carbon and hydrogen or containing carbon and hydrogen in combi-
nation with any other element which has a Modified Reid (77.6 mm Hg.)
or greater under actual storage conditions.
(39) "Waste classification" shall mean the seven classifications of
waste as defined by the Incinerator Institute of America and
American Society of Mechanical Engineers.
(15.0) 1.050 ENTRY ONTO PREMISES-AUTHORITY
Entry onto premises and on-site inspection shall be made pursuant to
Section 23-25-05 of Chapter 23-25 of the North Dakota Century Code.
(5.0) 1.060 VARIANCES
1.061 Where upon written application of the responsible person or
persons the Department finds that by reason-of exceptional
circumstances strict conformity with any provisions of these
regulations would cause undue hardship, would be unreasonable,
impractical or not feasible under the circumstances, the
Department may permit a variance from these regulations upon
such conditions and within such time limitations as it may
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prescribe for prevention, control or abatement of air pollution
in harmony with the intent of the State and any applicable
Federal laws.
1.062'No variance may permit or authorize the maintenance of a
nuisance, or a danger to public health or safety.
(2.0) 1.070 CIRCUMVENTION
No person shall cause or permit the installation or use of any
device of any means which, without resulting in reduction in the
total amount of air contaminant emitted, conceals or dilutes an
emission of air contaminant which would otherwise violate these
regulations.
(2.0) 1.080 SEVERABILITY
If any provision of these regulations or the application thereof
to any person or circumstances is held to be invalid, such invalidity
shall not affect other provisions or application of any other part
of these regulations which can be given effect without the invalid
provision or application, and to this end the provisions of these
regulations and the various applications thereof are declared to be
severable.
(2.0) 1.090 LAND USE PLANS AND ZONING REGULATIONS
1.091' Planning Agency Land-Use Plans
(1) The Department will provide to planning agencies, for use
in preparing land-use plans, information concerning:
(a) Air-quality
(b) Air-pollutant emissions
(c) Air pollutant meteorology
(d) Air-quality goals
(e) Air pollution effects
(2) The Department will review all land-use plans and prepare
recommendations for consideration in the plan adoption
process.
1.092 Zoning Agency Regulations
(1) The Department will provide to zoning control agencies, for
use in preparing regulations, information concerning:
(a) Air-quality
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(b) Air pollutant emissions
(c) Air pollution meteorology
(d) Air-quality goals
(e) Air pollution effects
(2) The Department will review all zoning regulations and pre-
pare recommendations for consideration in the regulation
adoption process.
1.100 (RESERVED)
(9.0) 1.110 MEASUREMENT OF EMISSIONS OF AIR CONTAMINANTS
1 ..VI1 Sampling and Testing Methods
All tests shall.be made and the results calculated in accord-
ance with test procedures approved by the Department. All tests
shall be made under the direction of persons qualified by training
and/or experience in the field of air pollution control as
approved by the Department.
1.112 Responsible Persons to Have Tests Made
The Department may require any person responsible for emission
of air contaminants to make or have made tests to determine
the emission of air contaminants from any source, whenever the
Department has reason to believe that an emission in excess of
that allowed by these regulations is occurring. The Department
may specify testing methods to be used in accordance with good
professional practice. The Department may observe the testing.
All tests shall be conducted by reputable, qualified personnel.
The Department shall be given a copy of the test results in
writing and signed by the person responsible for the tests.
1.113 The Department May Make Tests
The Department may conduct tests of emissions of air contaminants
from any source. Upon request of the Department the person
responsible for the source to be tested shall provide necessary
holes in stacks or ducts and such other safe and proper sampling
and testing facilities, exclusive of instruments and sensing
devices as may be necessary for proper determination of the
emission of air contaminants.
(7.0) 1.120 SHUTDOWN AND MALFUNCTION OF AN INSTALLATION-REQUIREMENT FOR
NOTIFICATION
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1.121 Maintenance Shutdowns
In case of shutdown of air pollution control equipment for
necessary scheduled maintenance, the intent to shut-down such
equipment shall be reported to the Department at least twenty-
four (24) hours prior to the planned shutdown provided that the
air contaminating source will be operated while the control
equipment is not in service. Such prior notice shall include,
but is not limited to the following:
(a) Identification of the specific facility to be taken out
of service as well as its location and permit number.
(b) The expected length of time that the air pollution control
equipment will be out of service.
(c) The nature and estimated quantity of emissions of air
pollutants likely to be emitted during the shutdown period.
(d) Measures such as the use of off-shift labor and equipment
that will be taken to minimize the length of the shut-
down period.
(e) The reasons that it would be impossible or impractical to
shutdown the source operation during the maintenance period.
1.122 Malfunctions
When a malfunction in any installation occurs that can be
expected to cause the emission of air contaminants in violation
of these regulations or other applicable rules and regulations,
the person responsible for such installation shall immediately
notify the Department of such malfunction and provide a state-
ment giving all pertinent facts, including the estimated dura-
tion of the breakdown. On receipt of this notification, the
Department may permit the continuance of the operation for a
period not to exceed 10 days provided that written application
is made to the Department. Such application shall be made
within 24 hours of the malfunction or within such other time
period as the Department may specify. In cases of major equip-
ment failure, additional time period may be granted by the
Department provided a corrective program has been submitted by
the person and approved by the Department. The Department shall
be notified when the condition causing the malfunction has been
corrected.
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(6.0) 1.130 TIME SCHEDULE FOR COMPLIANCE
Except as otherwise specified, compliance with the provisions of
these regulations shall be according to the following time schedule:
1.131 New Installations
All new installations shall comply as of going into continuous
routine operation for its intended purpose.
1.132 Existing Installations
All existing installations not in compliance as of the effective
date of these regulations shall be in compliance within one
year of the effective date of these regulations unless the
owner or person responsible for the operation of the installa-
tion shall have submitted to the Department in a form and
manner satisfactory to it, a program and schedule for achieving
compliance, such program and schedule to contain a date on or
before which full compliance will be attained, and such other
information as the Department may require. If approved by the
Department, such date will be the date on which the person shall
comply. The Department may require persons submitting such
program to submit subsequent periodic reports on progress in
achieving compliance. In no event shall the program and schedule
prescribe a compliance date later than three years from the
effective date of these regulations.
(2.0) 1.140 PROHIBITION OF AIR POLLUTION
1.141 No person shall permit or cause air pollution, as defined in
Section 1.040(3).
1.142 No person shall permit or cause a public nuisance, as defined
in Section 1.040(27).
1 .143 No person shall cause or permit the discharge from any source
whatsoever such quantities of air contaminants or other material
which cause injury, detriment, nuisance, or annoyance to any
person or to the public or which endanger the comfort, repose,
health, or safety of any such person or the public or which cause
injury or damage to business or property.
1.144 Nothing in any other part of these regulations concerning
emission of air contaminants or any other regulation relating
to air pollution shall in any manner be construed as authorizing
or legalizing the creation or maintenance of air pollution, a
public nuisance, or a nuisance as described in 1.143.
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R23-25-02 AMBIENT AIR QUALITY STANDARDS
(2.0) 2.100 SCOPE
The Ambient Air Quality Standards as presented below pertain to the
environmental air of the State of North Dakota.
(2.0) 2.200 PURPOSE
It is the purpose of these air quality standards to set forth levels
of air quality for the maintenance of public health and safety, and
to provide guidance to the city, county, and township boards of health
in conducting programs to abate air pollution. These Standards set
forth a mechanism of achieving cleaner air and are not a permit for
the unnecessary degradation of air quality.
(4.0) 2.300 AIR QUALITY GUIDELINES
In keeping with the purpose of these Ambient Air Quality Standards,
the quality should be such that:
(a) The health of even sensitive or susceptible segments of the
population will not be adversely affected;
(b) concentrations of pollutants will not cause public nuisance
or annoyance;
(c) significant damage to animals, ornamental plants, forest and
agricultural crops will not occur;
(d) visibility will not be significantly reduced;
(e) metals or other materials will not be significantly corroded or
damaged;
(f) fabrics will not be soiled, deteriorated, or their colors
affected; and
(g) natural scenery will not be obscured.
(4.0) 2.400 AMBIENT AIR QUALITY STANDARDS
(50.1) 2.410 Particulates and Gases
The standards of ambient air quality listed in Table 1 define
the limits of air contamination by particulates and gases, above
which limits the ambient air is hereby declared to be unacceptable
and require air pollution control measures. Until additional
pertinent information becomes available through surveillance and
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research with respect to the effects of the air contaminants
listed in Table 1, the air quality limits listed in Table 1
shall apply in North Dakota. The limits stated, include normal
background levels of particulates and gases.
(50.7) 2.420 Radioactive Substances
The ambient air shall not contain any radioactive substances
exceeding the concentrations specified in Regulation No. 83
of the North Dakota State Department of Health of the title
"Radiological Health Regulations".
(50.7) 2.430 Other Air Contaminants
The ambient air shall not contain air contaminants in con-
centrations that would be injurious to human health or well-
being, or unreasonably interfere with the enjoyment of property
or that would injure plant or animal life.
(9.0) 2.500 METHODS OF SAMPLING AND ANALYSIS
Air contaminants shall be measured by the methods or methods listed
in Table 2, or by such other methods approved by the Department.
The publications or their replacements listed in Table 2 are made
part of these regulations by reference.
The sampling and analytical procedures employed and the numbers,
duration, and location of samples to be taken to measure ambient levels
of air contaminants shall be consistent with obtaining accurate
results which are statistically significant and representative of
the conditions being evaluated.
(4.0) 2.600 REFERENCE CONDITIONS
The standards of ambient air quality listed in Table 1 are corrected
to a-reference temperature of 25°C. and a reference pressure of 760
millimeters of mercury (1,013.2 millibars).
(4.0) 2.700 DEGRADATION OF AMBIENT AIR HAVING A HIGHER QUALITY THAN THAT SET FORTH IN
2.400 RESTRICTED
Ambient air whose quality as of the effective date of these regula-
tions is higher than the standards set forth in 2.400 shall be
maintained at the higher quality unless it can be affirmatively
demonstrated to the Department that a change in quality is justifi-
able and will not be contrary to the guidelines of 2.300.
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(4.0) 2.800 CONCENTRATIONS OF AIR CONTAMINANTS IN THE AMBIENT AIR RESTRICTED
2.810 No person shall cause or permit the emission of air contaminants
from any premises in such manner and amounts that the concentra-
tions and frequencies attributable to such emission exceed
those shown in 2.400 in the ambient air at any place beyond the
premises on which the source is located.
2.820 Nothing in any other part or section of these regulations shall
in any manner be construed as authorizing or legalizing the
emission of air contaminants in such manner as prohibited in
2.810.
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Table 1. AMBIENT AIR QUALITY STANDARDS
Air Contaminants
Standards
(.Maximum Permissible Concentrations
Particulates
Total Suspended
Particulate
60 micrograms per cubic meter of air, maximum
annual geometric mean
150 micrograms per cubic meter of air, maximum
24-hour concentration not to be exceeded more
than once per year
Settled Partic-
ulate (Dustfall)
15 tons per square mile per month, maximum 3-
month arithmetic mean in residential areas
30 tons per square mile per month, maximum 3-
month arithmetic mean in heavy industrial
areas
Coefficient of
Haze
0.4 Coh. per 1,000 lineal feet, maximum annual
geometric mean
Sulfur Oxides
Sulfur Dioxide
60 micrograms per cubic meter of air
(0.02 p.p.m.), maximum annual arithmetic
mean
260 micrograms per cubic meter of air
(0.10 p.p.m.), maximum 24-hour concentration
715 micrograms per cubic meter of air
(0.28 p.p.m.), maximum 1-hour concentration
Reactive Sulfur
(Sulfation)
0.25 milligram sulfur trioxide per 100 square
centimeters per day,maximum annual
arithmetic mean
0.50 milligram sulfur trioxide per 100 square
centimeters per day, maximum for a 1-month
period
Suspended Sul-
fate
4 micrograms per cubic meter of air, maximum
annual arithmetic mean
12 micrograms per cubic meter of air, maximum
24-hour concentration not to be exceeded
over 1 percent of the time
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Table 1. AMBIENT AIR QUALITY STANDARDS (Cont.)
Air Contaminants
Standards
(Maximum Permissible Concentrations
Su If uric Acid
Mist, Sulfur
Trioxide, or any
combination there-
of
4 micrograms per cubic meter of air, maximum
annual arithmetic mean
12 micrograms per cubic meter of air, maximum
24-hour concentration not to be exceeded over
1 percent of the time
30 micrograms per cubic meter of air, maximum
1-hour concentration not to be exceeded over
1 percent of the time
Hydrogen Sulfide
45 micrograms per cubic meter of air
(0.032 p.p.m.), maximum 1/2-hour concentra-
tion not to be exceeded more than twice in
any 5 consecutive days
75 micrograms per cubic meter of air
(0.054 p.p.m.), maximum 1/2-hour concentra-
tion not to be exceeded over twice a year
Carbon Monoxide 10 milligrams per cubic meter of air (9 p.p.m.),
maximum 8-hour concentration not to be
exceeded more than once per year
40 milligrams per cubic meter of air (35 p.p.m.),
maximum 1-hour concentration not to be
exceeded more than once per year
Photochemical Oxidants
160 micrograms per cubic meter of air
(0.08 p.p.m.), maximum 1-hour concentration
not to be exceeded more than once per year
Hydrocarbons
160 micrograms per cubic meter of air (0.24 p.p.m.),
maximum 3-hour concentration (6 to 9 a.m.)
not to be exceeded more than once per year
Nitrogen Dioxide
100 micrograms per cubic meter of air (0.05 p.p.m.),
maximum annual arithmetric
200 micrograms per cubic meter of air (0.1 p.p.m.),
maximum 1-hour concentration not to be exceeded
over 1 percent of the time in any 3-month
peri od
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Table 2. METHODS OF. AIR CONTAMINANT MEASUREMENT
Air Contaminant
Participates
Total Sus-
pended
Parti culates
Settled
Parti culate
(Dustfall)
Coefficient
of Haze
Sulfur Oxides
Sulfur Dioxide
Reactive
Sulfur
(Sulfation)
Sampling
Method
High-Volume
Sampling
Dustfall
Jar
Paper Tape
Sampling
Absorption
Lead
Peroxide
Plate
Sampling
Interval
24 Hours
1 Month
1 Hour
to 3
Hours
Conti nuous
1-Hr, or
24 Hours
1 Month
Analytical Method
Gravimetric - Reference Method
for the Determination of
Suspended Parti culates in the
Atmosphere (High Volume
Method). Code of Federal
Regulations, Title 42,
Chapter IV, Part 410,
National Primary and Second-
ary Ambient Air Quality
Standards, Appendix A,
Federal Register Vol. 36,
No. 84, April 30, 1971.
Gravimetric - ASTM D 1739-62.
Light Transmi ttance - ASTM D
1704-61.
Col ori metric - Reference
Method for the Determination
of Sulfur Dioxide in the
Atmosphere (Pararosaniline
Method). Code of Federal
Regulations, Title 42,
Chapter IV, Part 410, National
Primary and Secondary
Ambient Air Quality Standards,
Appendix B, Federal Register
Vol. 36, No. 84, April 30, 1971.
Turbidimetric, Lead Peroxide
Plate - Fuey, N.A.
Lead Dioxide Estimation of
Sulfur Dioxide Pollution",
Journal of the Air Pollution
Control Assoc. Vol. 18, pp.
610-611, September 1968.
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Table 2. METHODS OF AIR CONTAMINANT MEASUREMENT (Cont.)
Air Contaminant
Suspended Sulfate
Sulfuric Acid
Mist, Sulfur
Tri oxide
Hydrogen Sulfide
Carbon Monoxide
Sampling
Method
High-Volume
Sampling
Filter Paper
(a) Paper
Tape
Sampling
(b) Absorp-
tion
Absorption of
Infrared
Radiation
Sampling
Interval*
24 Hours
1 Hour or
24 Hours
1/2 Hour
1/2 Hour
Continuous
1 Hr. or
8 Hours
Analytical MpfhnH
Turbidi metric, Barium
Sulfate Method - Selected
Methods for the Measurement
of Air Pollutants. U.S.
Public Health Service Publi-
cation No. 999-AP-ll,
May 1965.
Titration - Commins. B.T.
"Determination of Parti cul ate
Acid in Town Air." Analyst,
Vol. 88 pp. 364-367, May 1963.
Light Transmittance, Lead
Acetate Impregnated Tape -
Sensenbauch, J.D. and Hemeon,
W.C.L., "A Low Cost Sampler
for Measurement of Low
Concentration of Hydrogen
Sulfide", Air Repair Vol. 4,
No. 1, p. 5-7, May 1954.
Col crime trie - Jacobs, '" •
Braverman, Hochheiser,
"Ultramicrodetermi nation of
Sul fides in Air", Anal .
Chem. Vol. 29, p. 1349, 1957.
Non Dispersive Infrared
Spectrometry - Reference
Method for the Continuous
Measurement of Carbon Monoxide
in the Atmosphere (Non Dis-
persive Infrared Spectrometry).
Code of Federal Regulations,
Title 42, Chapter IV, Part 410.
National Primary and Second-
ary Ambient Air Quality
Standards, Appendix C.,
Federal Register Vol. 36, No.
84, April 30, 1971.
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Table 2. METHODS OF AIR CONTAMINANT MEASUREMENT (Cont.)
Air Contaminant
Sampling
Method
Sampling
Interval*
Analytical Method
Photochemical
Oxidants
Chemilumi-
nescent
Continuous
1-Hr
Chemiluminescent - Photo-
multiplier Detector -
Reference Method for the
Measurement of Photochemical
Oxidants Corrected for
Interferences Due to Nitro-
gen Oxide and Sulfur Dioxide.
Code of Federal Regulations,
Title 42, Chapter IV, Part
410, National Primary and
Secondary Ambient Air Quality
Standards, Appendix D,
Federal Register Vol. 36,
No. 84, April 30, 1971.
Hydrocarbons
Flame
lonization
Detector
Semi -
continuous
3 Hours
Flame lonization - Reference
Method for the Determination
of Hydrocarbons Corrected
for Methane. Code of Federal
Regulations, Title 42, Chapter
IV, Part 410, National Primary
and Secondary Ambient Air
Quality Standards, Appendix
E, Federal Register Vol. 36,
No. 84, April 30, 1971.
Nitrogen
Dioxide
Absorption
Continuous
Colorimetric - Reference
Method for the Determination
of Nitrogen Dioxide in the
atmosphere (24-hour sampling
Method). Code of Federal
Regulations, Title 42, Chapter
IV, Part 410, National Primary
and Secondary Ambient Air
Quality Standards, Appendix F,
Federal Register Vol. 36,
No. 84, April 30, 1971.
*Normal Sampling Interval. Other Sampling Intervals May be Used if
Approved by the Department.
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R23-25-03 RESTRICTION OF EMISSION OF VISIBLE AIR CONTAMINANTS
(50.1.2) 3.100 RESTRICTIONS APPLICABLE TO EXISTING INSTALLATIONS
No person shall discharge into the ambient air from any single
source of emission whatsoever, with the exception of existing in-
cinerators, any air contaminant
3.110 of a shade or density equal to or darker than that designated
as No. 2 on the R'ingelmann Chart, or equivalent standard
approved by the Department; or
3.120 of such opacity as to obscure an observer's view to a degree
equal to or greater than that described in 3.110.
(50.1.2) 3.200 RESTRICTIONS APPLICABLE TO NEW INSTALLATIONS AND ALL INCINERATORS
No person shall discharge into the ambient air from any single
source of emission whatsoever any air contaminant
3.210 of a shade or density equal to or darker than that designated
as No. 1 on the Ringelmann Chart, or equivalent standard
approved by the Department; or
3.220 of such opacity as to obscure an observer's view to a degree
equal to or greater than that described in 3.210.
(2.0) 3.300 EXCEPTIONS
(50.1.2) 3.3io A person may discharge into the ambient air from any single
source of emission for a period or periods aggregating not
more than four minutes in any 60 minutes air contaminants
3.311 of a shade or density not darker than No. 3 on the
Ringelmann Chart, or equivalent standard approved by
the Department; or
3.312 of such opacity as to obscure an observer's view to a
degree not greater than that described in 3.311.
3.320 The provisions of 3.100 and 3.200 shall not apply in the
following circumstances:
3.321 Where the presence of uncombined water is the only reason
for failure of an emission to meet the requirements of
3.100 and 3.200.
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3.322 When smoke is emitted for the purpose of training or
research when approved by the Department, including
training schools for fire fighting personnel.
3.323 Where the limits specified in these regulations cannot
be met because of operations or processes such as, but
not limited to, oil field service and drilling operations,
but only so long as it is not technically feasible to meet
said specifications.
(9.0) 3.400 METHOD OF MEASUREMENT
The Ringelmann Chart published and described in the U.S. Bureau of
Mines Information Circular 8333 or the U.S. Public Health Service
Smoke Inspection Guide as described in the Federal Register, Title 42,
Chapter 1, Subchapter F, Part 75, shall be used in grading the shade
or opacity of visible air contaminant emissions. The Department may
specify other means of measurement which give comparable results or
results of greater accuracy. The two publications, or replacements,
described in this subsection are hereby made a part of these regula-
tions by reference.
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R23-25-04 OPEN BURNING RESTRICTIONS
(51.13) 4.100 REFUSE BURNING RESTRICTIONS
No person shall dispose of refuse and other combustible material by
open burning, or cause, suffer, allow or permit open burning of
refuse and other combustible material and no person shall conduct
or cause or permit the conduct of a salvage operation by open burn-
ing.
(51.13) 4.200 PERMISSIBLE OPEN BURNING
The open burning of refuse and other combustible material may be
conducted as specified in the subsections set forth below if no
public nuisance is or will be created and if the burning is not pro-
hibited by, and is conducted in compliance with, other applicable
laws, ordinances and regulations. The authority to conduct open
burning under the provisions of this section does not exempt or
excuse a person from the consequences, damages, or injuries which
may result therefrom.
4.201 Fires purposely set for the instruction and training of public
and industrial fire-fighting personnel when authorized by the
appropriate governmental entity.
4.202 Fires set for the elimination of a fire hazard which cannot
be abated by any other means when authorized by the appro-
priate governmental entity.
4.203 Fires set for the removal of dangerous or hazardous material
where there is no other practical or lawful method of dis-
posal and burning is approved in advance by the Department.
Where there is imminent danger to human health or safety and
where there is no other practical or lawful method of disposal,
burning can be initiated without prior notice to the Department
provided notice is furnished as soon as practical.
4.204 Campfires and other fires used solely for recreational purposes,
for ceremonial occasions, or for outdoor preparation of food.
4.205 Fires purposely set to forest or rangelands for a specific reason
in the management of forests or game in accordance with practices
recommended by the North Dakota Game and Fish Department, the
Ntfrth Dakota Department of Agriculture, and the United States
Forest Service, and the burning is approved in advance by the
Department.
4.206 The burning of trees, brush, grass, wood, and other vegetable
matter in the clearing of land, right-of-way maintenance operations,
and agricultural crop burning if the following conditions are met:
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a. Prevailing winds at the time of the burning must be
away from any city;
b. The location of the burning must not be adjacent to an
occupied residence other than those located on the property
on which the burning is conducted;
c. Care must be used to minimize the amount of dirt on the
material being burned;
d. Oils, rubber, and other materials which produce un-
reasonable amounts of air contaminants may not be burned;
e. The initial burning may begin only between three hours
after sunrise and three hours before sunset and additional
fuel may not be intentionally added to the fire at times
outside the limits stated above;
f. The burning must not be conducted adjacent to any highway
or public road so as to create a traffic hazard; and
g. The burning must not be conducted within one mile of any
military, commercial, county, municipal, or private airport
or landing strip.
4.207 Where no municipal collection and disposal service is avail-
able, the burning of refuse and other combustible materials
generated in the operation of a domestic household if the
following conditions are met:
a. The material to be burned must not be the combined waste
from a building designed to accommodate more than three
such households;
b. The burning must be conducted on the property on which
the waste is generated; and
c. The initial burning may begin only between three hours
after sunrise and three hours before sunset and additional
fuel may not be intentionally added to the fire at times
outside the limits stated above.
4.208 The burning of liquid hydrocarbons which are spilled or lost
as a result of pipeline breaks or other accidents involving
the transportation of such materials or which are generated
as wastes as the result of oil exploration, development, pro-
duction, refining, or processing operations if the following
conditions are met:
a. The material cannot be practicably recovered or otherwise
lawfully disposed of in some other manner;
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b. The burning must not be conducted within a city or
adjacent to an occupied residence or in such proximity
thereto that the ambient air of such city or occupied
residence may be affected by the air contaminants
being emitted;
c. The initial burning may begin only between three hours
after sunrise and three hours before sunset and additional
fuel may not be intentionally added to the fire at times
outside the limits stated above; and
d. The burning must be controlled so that a traffic hazard
is not created as the result of the air contaminants
being emitted.
e. The burning must be approved in advance by the Department,
except as provided in 4.203.
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R23-25-05 EMISSIONS OF PARTICULATE MATTER RESTRICTED
(50.1.1)5.100 RESTRICTION OF EMISSION OF PARTICULATE MATTER FROM INDUSTRIAL
PROCESSES
(2.0) 5.110 GENERAL PROVISIONS
5.111 Section 5.100 applies to any operation, process, or
activity from which particulate matter is emitted
except the burning of fuel for indirect heating in
which the products of combustion do not come into
direct contact with process materials, the burning
of refuse, and the processing of salvable material
by burning.
5.112 The process weight rate per hour referred to in this
section shall be based upon the normal operation
maximum capacity of the equipment and if such normal
maximum capacity should be increased by process or
equipment changes, the new normal maximum capacity
shall be used as the process weight in determining
the allowable emissions.
5.113 Emission tests relating to 5.100 shall be made follow-
ing the standards in ASME "Power Test Code PTC-27"
dated 1957 and entitled "Determining Dust Concentration
in a Gas Stream" or its replacement or other method
as approved by the Department.
(50.1.1) 5.120 EMISSION LIMITATIONS
No person shall cause, suffer, allow, or permit the emission
of particulate matter in any one hour from any source in
excess of the amount shown in Table 3 for the process weight
allocated to such source.
(2.0) 5.130 EXCEPTIONS
5.131 Temporary operational breakdowns or cleaning of air
pollution equipment for any process are permitted pro-
vided the owner or operator immediately advises the
Department of the circumstances and outlines an accept-
able corrective program and provided such operations do
not cause an immediate public health hazard.
5.132 The Department may prescribe air quality control
requirements that are more restrictive and more extensive
than provided in 5.120 if the particulate matter emitted
is a radioactive, toxic, or deleterious substance which
may affect human health or well-being or that would
cause significant damage to animal or plant life.
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5.133 Any existing emission source which has particulate
collection equipment with a collection efficiency of
99.7 percent or more by weight shall be considered
as meeting the provisions of 5.120. The efficiency
of the particulate collection equipment shall be
determined as outlined in 5.113 with the process
being served by the particulate collection equipment
being run at normal operation maximum capacity.
5.134 Any portable emission source, not operated at the
same premise for more than six months, shall be
considered as meeting the provisions of 5.120 if
the following conditions are met:
a. The source must not be located within a city;
b. The source must not be located within one-half
mile of any occupied residence, and within one
mile of the source there shall be no more than
two occupied residences;
c. The source must not be located within one-
quarter mile of any highway or public road,
d. The source stack or stacks must be equipped with
particulate collection equipment with a collection
efficiency of 85 percent or more by weight. The
efficiency of the particulate collection equipment
shall be determined as in 5.133; and
e. The source must be equipped with a fugitive dust
control system that prevents the emission of
particulate matter from any point other than through
a stack.
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Table 3. Maximum Allowable Rates of Emission of Particulate Matter
from Industrial Processes
Process Weight
Rate
Lb/hr
100
200
400
600
800
1,000
1,500
2,000
2,500
3,000
3,500
4,000
5,000
6,000
7,000
8,000
9,000
10,000
12,000
Tons/hr
0.05
0.10
0.20
0.30
0.40
0.50
0.75
1.00
1.25
1.50
1.75
2.00
2.50
3.00
3.50
4.00
4.50
5.00
6.00
Rate of
Emission
Lb/hr
0.551
0.877
1.40
1.83
2.22
2.58
3.38
4.10
4.76
5.38
5.96
6.52
7.58
8.56
9.49
10.4
11.2
12.0
13.6
Process Weight
Rate
Lb/hr
16,000
18,000
20,000
30,000
40,000
50,000
60,000
70,000
80,000
90,000
100,000
120,000
140,000
160,000
200,000
1,000,000
2,000,000
6,000,000
Tons/hr
8.00
9.00
10.00
15.00
20.00
25.00
30.00
35.00
40.00
45.00
50.00
60.00
70.00
80.00
100.00
500.00
1,000.00
3,000.00
Rate of
Emission
Lb/hr
16.5
17.9
19.2
25.2
30.5
35.4
40.0
41.3
42.5
43.6
44.6
46.3
47.8
49.0
51.2
69.0
77.6
92.7
Interpolation of the data in this table for process weight rates up to
60,000 Ib/hr shall be accomplished by use of the equation
E = 4.10 p°-67
and interpolation and extrapolation of the data for process weight rates
in excess of 60,000 Ib/hr shall be accomplished by use of the equation:
E = 55.0 p0-11 - 40, where E = rate of emission in Ib/hr and
P = process weight rate in tons/hr.
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(51.5) 5.200 MAXIMUM ALLOWABLE EMISSION OF PARTICULATE MATTER FROM FUEL
BURNING EQUIPMENT USED FOR INDIRECT HEATING
(2.0) 5.210 GENERAL PROVISIONS
5.211 Section 5.200 applies to installations in which fuel
is burned for the primary purpose of producing steam;
hot water; hot air or other indirect heating of liquids,
gases or solids and, in the course of doing so, the
products of combustion do not come into direct contact
with process materials. Fuels include those such as
coal, coke, lignite, coke breeze, fuel oil, and wood
but do not include refuse. When any products or
by-products of a manufacturing process are burned for
the same purpose or in conjunction with any fuel, the
same maximum emission limitations shall apply.
5.212 The total heat input of all fuel burning units at the
source of emission shall be used for determining the
maximum allowable particulate matter which may be
emitted.
5.213 The amount of particulate matter emitted shall be
measured according to the ASME "Power Test Codes -
PTC-27", dated 1957, and entitled, "Determining Dust
Concentration in a Gas Stream", or its replacement, or
other method as approved by the Department.
5.214 The heat content of coal shall be determined according
to ASTM D-271-68, Standard Methods of Laboratory
Sampling and Analysis of Coal and Coke or its replace-
ment or other method as approved by the Department.
(51.5) 5.220 EMISSION LIMITATIONS
5.221 Existing Installations
No person shall cause or permit the emission of
particulate matter, caused by combustion of fuel in any
existing fuel burning equipment, from any stack or
chimney in excess of 0.80 pounds of particulates per
million BTU heat input. Provided, however, as
technology develops for making new control equipment
compatible with present plants they shall comply with
limitations on emissions of particulate matter from
fuel burning installations as outlined in 5.222, New
Installations, when directed by the Department.
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5.222 New Installations
No person shall cause or permit the emission of particu-
late matter, caused by the combustion of fuel in any
new fuel burning equipment, from any stack or chimney
in excess of the quantity set forth in Table 4.
5.223 Means shall be provided in all newly constructed units
and wherever practicable in existing units to allow the
periodic measurement of fly ash and other particulate
matter.
5.224 No person shall burn or cause or permit the burning of
refuse in any installation which was designated for the
sole purpose of burning fuel.
Table 4. Maximum Allowable Rates of Emission of Particulate
Matter from New Fuel Burning Equipment
Heat input in millions of
British Thermal units per hour
10 or less
50
100
500
1 ,000
2,500
5,000
7,500
10,000
25,000
50,000
100,000
Maximum allowable emission
matter in pounds per hour
British thermal units of
0.600
0.486
0.443
0.359
0.328
0.291
0.266
0.252
0.242
0.215
0.197
0.180
of parti cul ate
per million
heat input
Interpolation and extrapolation of the data in this table for
heat input rates in excess of_10 million BTU per hour shall be
accomplished by use of the equation
E = 0.811 H-0.131
where E = maximum allowable emission of particulate matter in pounds
per hour per million BTU of heat input and H = heat input in millions
of BTU per hour.
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(51.9) 5.300 INCINERATORS
(2.0) 5.310 GENERAL PROVISIONS
5.311 Section 5.300 shall apply to any incinerator used to
dispose of refuse or other wastes by burning and the
processing of salvageable material by burning.
5.312 The burning capacity of an incinerator shall be the
manufacturer's or designers's guaranteed maximum rate
or such other rate as may be determined by the
Department in accordance with good engineering practices.
In case of conflict, the determination made by the
Department shall govern.
5.313 The amount of particulate matter emitted from any
incinerator shall be determined according to ASME
"Power Test Codes - PTC-27" dated 1957 and entitled
"Determining Dust Concentration in a Gas Stream" or
its replacement or any other method approved by the
Department. The above publication is hereby made a
part of these regulations by reference. Emissions
shall be measured when the incinerator is operating
at its maximum capacity or at any other burning rate
during which emission of particulate matter is greater.
(51.9) 5.320 RESTRICTION OF EMISSIONS OF PARTICULATE MATTER FROM
INCINERATORS
5.321 No person shall cause or permit the emission of
particulate matter from the stack or chimney of any
incinerator in excess of the amount shown in Table 5
for the refuse burning rate allocated to such
incinerator.
5.322 All new incinerators and all existing incinerators
to be modified to meet the requirements of 5.300 and
which are to burn Type 2, 3, 4, 5, and 6 waste as
classified by the Incinerator Institute of America
must be equipped with auxiliary fuel burners of such
capacity and design as to assure a temperatur^ in the
secondary combustion chamber of at least 1500 F. for
a minimum of 0.3 second retention time.
5.323 No incinerator shall be used for the burning of refuse
unless such incinerator is a multiple chamber incinera-
tor. Existing incinerators which are not multiple
chamber incinerators may be altered, modified or rebuilt
as may be necessary to meet this requirement. The
Department may approve any other alteration or modifica-
tion to an existing incinerator if such be found by it
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to be equally effective for the purpose of air
pollution control as a modification or alteration
which would result in a multiple chamber incinerator.
All new incinerators shall be multiple chamber
incinerators, provided that the Department may approve
any other kind of incinerator if it finds in advance
of construction or installation that such other kind
of incinerator is equally effective for purposes of
air pollution control.
Existing incinerators burning Type 2 and Type 3 waste
which are not multiple chamber incinerators and do not
otherwise meet the requirements of 5.321 shall be
modified or rebuilt in compliance with this section
within 18 months from the effective date of these
regulations. Existing incinerators burning Type 4, 5
or 6 waste require the specific approval of the
Department. Incinerators handling any garbage and
organic waste must have auxiliary fuel burners that
maintain a minimum temperature of 1500°F. for a minimum
of 0.3 second retention time.
5.324 No person shall burn or cause or permit the burning of
refuse in any installation which was designed for the
sole purpose of burning, fuel.
(50.1) 5.400 PREVENTING PARTICIPATE MATTER FROM BECOMING AIRBORNE
5.410 No person shall cause or permit any materials to be handled,
transported, or stored; or a building, its appurtenances, or
a road to be usedj constructed, altered, repaired or
demolished without taking reasonable precautions to prevent
particulate matter from becoming airborne in amounts which
cause a public nuisance or which cause the Ambient Air
Quality Standards to be exceeded. Such reasonable precautions
shall include, but not be limited to, the following:
(a) Use, where possible, of water or chemicals for control
of dust in the demolition of existing buildings or
structures, construction operations, the grading of
roads or the clearing of land;
(b) Application of asphalt, oil, water, or suitable
chemicals on dirt roads, materials stockpiles, and
other surfaces which can give rise to airborne dusts;
(c) Installation and use of hoods, fans, and fabric filters
to enclose and vent the handling of dusty materials.
Adequate containment methods shall be employed during
sandblasting or other similar operations;
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(d) Covering, at all times when in motion, open bodied
trucks transporting materials likely to give rise to
airborne dusts;
(e) Conduct of agricultural practices such as tilling of
land, application of fertilizers, etc., in such manner
as to prevent dust from becoming airborne;
(f) The paving of roadways and their maintenance in a clean
condition; and
(g) The prompt removal of earth or other material from
paved streets onto which earth or other material has
been transported by trucking or earth moving equipment,
erosion by water, or other means.
5.420 When particulate matter or fugitive dust escapes from a
building or equipment in such a manner and amount as to cause
a nuisance or violate any regulations, the Department may
order that the building or equipment in which processing,
handling, and storage are done be tightly closed and ventila-
ted in such a way that all emissions from the building or
equipment are treated to remove or destroy such particulate
matter or fugitive dust before emission to the ambient air.
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Table 5. Maximum Allowable Rates of Emission of Participate
Matter from Incinerators
tefuse Burning
Rate
Ib/hr
10
20
30
40
50
100
200
300
400
500
600
700
800
900
1000
Allowable
Emission
Rate
Ib/hr
0.0409
0.0763
0.109
0.142
0.174
0.325
0.606
0.873
1.13
1.38
1.63
1.87
2.11
2.35
2.58
Refuse Burning
Rate
Ib/hr
1,500
2,000
2,500
3,000
3,500
4,000
5,000
6,000
7,000
8,000
9,000
10,000
25,000
50,000
100,000
Allowable
Emission
Rate
Ib/hr
3.38
4.10
4.76
5.38
5.97
6.53
7.58
8.57
9.50
10.4
11.2
12.1
22.3
35.5
56.4
Interpolation of the data in this table for refuse burning rates up
to 1,000 Ib/hr shall be accomplished by the use of the equation:
E = 0.00515 R°-90
and interpolation and extrapolation of the data for refuse burning
rates in excess of 1,000 Ib/hr shall be accomplished by use of the
equation:
E = 0.0252 R°-67
where E = allowable emission rate in Ib/hr and R = refuse burning
rate in Ib/hr.
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R23-25-06 EMISSIONS OF SULFUR COMPOUNDS RESTRICTED
) 6.100 RESTRICTION OF EMISSIONS OF SULFUR DIOXIDE FROM USE OF FUEL
6.110 GENERAL PROVISIONS
6.111 Section 6.100 shall apply to any installation in which
fuel is burned and in which the sulfur dioxide emission
is substantially due to the content of the fuel burned,
and in which the fuel is burned primarily to produce
heat.
6.112 For purposes of 6.100, a fuel burning installation
is any single fuel burning furnace or boiler or other
unit, device, or contrivance in which fuel is burned
or any grouping of two or more such furnaces or boilers
or other units, devices, or contrivances on the same
premises or otherwise located in close proximity to
each other and under control of the same person. The
capacity of such installations shall be the manufacturer's
or designer's guaranteed maximum heat input rate.
6.120 RESTRICTIONS APPLICABLE TO FUEL BURNING INSTALLATIONS
No person shall cause or permit the emission of sulfur dioxide
to the ambient air from any fuel burning installation in an
amount greater than 3.0 pounds of sulfur dioxide per million
BTU's of heat input to the installation.
1.6) 6.200 RESTRICTION OF EMISSIONS OF SULFUR OXIDES FROM INDUSTRIAL PROCESSES
6.210 GENERAL PROVISIONS
Section 6.200 shall apply to all emissions except those in
which both
a. fuel is burned primarily to produce heat, and
b. the sulfur compound emission is due primarily to the
sulfur in the fuel burned.
6.220 CONCENTRATION OF SULFUR COMPOUNDS IN EMISSIONS RESTRICTED
The Department may establish emission limitations on the
amount of sulfur dioxide, sulfur trioxide, and sulfuric
acid which may be emitted into the ambient air from any
source specified in 6.210 in any area, if it is determined
that such source is causing the Ambient Air Quality Standards
to be exceeded.
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(9.0) 6.300 METHODS OF MEASUREMENT
6.310 SULFUR OXIDES
The method of measuring sulfur oxides in stack gases shall
be the Shell Development Company method as published in
"Atmospheric Emissions from Sulfuric Acid Manufacturing
Processes." Public Health Service Publication 999-AP-13
(1965), Appendix B, pp. 85-87. This publication or its
replacement is made part of these regulations by reference.
6.320 SULFUR TRIOXIDE AND SULFURIC ACID
The method of measuring sulfur trioxide, sulfuric acid, or
any combination thereof in stack gases shall be the modified
Monsanto Company method as published in "Atmospheric Emissions
from Sulfuric Acid Manufacturing Processes", Public Health
Service Publication 999-AP-13 (1965), Appendix B, pp. 61-66.
This publication or its replacement is made part of these
regulations by reference.
6.330 OTHER TEST METHODS MAY BE USED
Other test methods approved by the Department may be used.
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R23-25-07 CONTROL OF ORGANIC COMPOUNDS EMISSIONS
(51.16) 7.100 REQUIREMENTS FOR CONSTRUCTION OF ORGANIC COMPOUNDS FACILITIES
7.110 SCOPE
Section 7.100 shall apply only to those facilities considered
"new" as defined in R23-25-01, Section 1.040(18) of these
regulations.
7.120 VOLATILE ORGANIC COMPOUNDS STORAGE TANKS
No person shall build or install or permit the building or
installation of any stationary tank, reservoir or other
container of more than 65,000 gallons capacity which will or
might be used for storage of any volatile organic compounds
unless such tank, reservoir or other container is to be a
pressure tank capable of maintaining working pressures
sufficient at all times to prevent vapor or gas loss to the
ambient air or is designed, and will be built, and equipped
with one of the following vapor loss control devices:
7.121 A floating roof, consisting of a pontoon type, double
deck type roof, or internal floating cover, which will
rest on the surface of the liquid contents and be
equipped with a closure seal or seals, to close the
space between the roof edge and tank wall or an internal
floating cover or other device equally effective. The
control equipment to be provided for in 7.120 shall not
be permitted if the volatile organic compounds to be
stored will have a vapor pressure of 12.0 pounds per
square inch absolute or greater under actual storage
conditions. All tank gauging and sampling devices shall
be built so as to be gas-tight except when gauging or
sampling is to take place.
7.122 A vapor recovery system consisting of a vapor-gathering
system capable of collecting the volatile organic
compound vapors and gases discharged and a vapor disposal
system capable of processing such vapors and gases so as
to prevent their emission to the ambient air and with all
tank gauging and sampling devices gas-tight except when
gauging or sampling is taking place.
7.123 Other equipment or means of equal efficiency for purposes
of air pollution control as may be approved by the
Department.
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7.130 SUBMERGED FILL PIPES REQUIRED
No person shall build, or install or permit the building or
installation of a stationary volatile organic compounds
storage tank with a capacity of 1,000 gallons or more unless
such tank is equipped with a submerged fill pipe during
loading operations or is a pressure tank as described in
7.120 or is fitted with a vapor recovery system as described
in 7.122.
7.140 VOLATILE ORGANIC COMPOUNDS LOADING FACILITIES
No person shall build or install or permit the building or
installation of volatile organic compounds tank car or tank
truck loading facilities handling 20,000 gallons per day
or more unless such facilities are equipped with submersible
filling arms or other vapor emission control systems.
7.150 PUMPS AND COMPRESSORS
All rotating pumps and compressors handling volatile organic
compounds shall be equipped with mechanical seals or other
equipment of equal efficiency for purposes of air pollution
control as may be approved by the Department.
(51.16) 7.200 REQUIREMENTS FOR ORGANIC COMPOUNDS GAS DISPOSAL
7.210 No person shall cause or permit the emission of organic
compounds gases and vapors, except from a vapor blowdown
system or emergency relief system, unless these gases and
vapors are burned by smokeless flares, or an equally effec-
tive control device as approved by the Department.
7.220 Organic compounds gases and vapors which are generated as
wastes as the result of oil exploration, development, pro-
duction, refining, or processing operations and which contain
hydrogen sulfide, shall be incinerated, flared or treated in
an equally effective manner before being released to the
ambient air. The emissions from all devices designed for
incinerating, flaring or treating waste organic compounds
gases and vapors shall result in compliance with the ambient
air quality standards.
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R23-25-08 CONTROL OF AIR POLLUTION FROM VEHICLES AND OTHER INTERNAL
COMBUSTION ENGINES
(12.0) 8.100 INTERNAL COMBUSTION ENGINE EMISSIONS RESTRICTED
No person shall operate, or cause to be operated, any internal
combustion engine which emits from any source any unreasonable and
excessive smoke, obnoxious or noxious gases, fumes, or vapor.
(12.0) 8.200 REMOVAL AND/OR DISABLING OF MOTOR VEHICLE POLLUTION CONTROL DEVICES
PROHIBITED
8.210 No person shall intentionally remove, alter, or otherwise
render inoperative, exhaust emission control, crankcase
ventilation, or any other air pollution control device which
has been installed as a requirement of Federal law or
regulation.
8.220 No person shall operate a motor vehicle originally equipped
with air pollution control devices as required by Federal
law or regulation unless such devices are in place and in
operating condition.
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R23-25-09 EMISSION OF CERTAIN SETTLEABLE ACIDS AND ALKALINE
SUBSTANCES RESTRICTED
(2.0) 9.100 GENERAL PROVISIONS
R23-25-09 shall apply to all emissions from any source or any
premises.
(51.21) 9.200 EMISSIONS RESTRICTED
No person shall cause or permit the emission from any source or
premises of substances having acidic or alkaline properties in such
manner and amounts that the downwind fallout rate of acidic or
alkaline substances, at any place where an adverse effect could
occur, exceeds the upwind fallout rate by five or more spots per
hour, as measured in the manner prescribed in 9.300.
(9.0) 9.300 METHOD OF MEASUREMENT
9.310 The fallout sampling devices used in determining compliance
with R23-25-09 shall consist of circular glass dishes 15
centimeters in diameter. The dishes shall be supported on a
nearly horizontal surface not larger than the dish. The dish
bottom shall be at least 3 feet above the earth or other
surface on which its support is resting. The dish shall be
coated with a solution of thymol blue, ammonia water solution
and gelatin dried to a yellow color in a vacuum oven at room
temperature. Prepared dishes shall be stored in a desiccator
at 40 percent relative humidity, or in plastic bags.
9.320 Fallout sampling devices shall be put in place at one or
more locations upwind and downwind of a premises at locations
beyond the premises on which a source or sources are located.
The devices shall be left exposed to substances settling out
of the ambient air for a period of 1-hour. The presence of
red-colored spots visible to the naked eye on the samplers
used to measure fallout of acidic substances shall be con-
structed to mean that acidic substances have settled out of
the air. The presence of blue colored spots visible to the
naked eye on the samplers used to measure fallout of alkaline
substances shall be construed to mean that alkaline substances
have settled out of the air. The number of spots visible on
samplers exposed upwind of a premises is to be subtracted from
the number of spots visible on samplers exposed downwind of the
same premises. The difference in the number of spots, if any,
shall be construed to be attributable to emissions occuring
on the premises under investigation.
9.330 In lieu of the test methods specified in 9.310 and 9.320 any
other method approved by the Department may be used.
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R23-25-10 CONTROL OF PESTICIDES
(51.21) 10.100 PESTICIDE USE RESTRICTED
10.110 No person shall use or permit the use of pesticides in
such manner that will cause the airborne drift of pesticides
off the premises on which they are being applied in such
quantities that cause damage or injury to human health,
crops, domestic animals, pollinating insects, vegetation,
fish, and wildlife.
10.120 No person shall aerial spray or permit the aerial spraying
of pesticides over a city in the State without the approval
of the Department. Such spraying will be allowed only for
well thought out public health purposes and even then only
in emergencies.
(51.21) 10.200 RESTRICTIONS ON THE DISPOSAL OF SURPLUS PESTICIDES AND EMPTY
PESTICIDE CONTAINERS
10.210 No person shall dispose of or permit the disposal of
surplus pesticides and empty pesticide containers in such
a manner as may cause pesticides to become airborne in such
quantities that may cause injury or damage to human health,
crops, domestic animals, pollinating insects, vegetation,
fish, and wildlife.
10.220 No person shall dispose of or permit the disposal of
surplus pesticides and empty pesticide containers by open
burning.
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R23-25-11 PREVENTION OF AIR POLLUTION EMERGENCY EPISODES
(8.0) 11.100 AIR POLLUTION EMERGENCY
R23-25-11 is designed to prevent the excessive buildup of air
contaminants during air pollution episodes, thereby preventing
the occurrence of an emergency due to the effects of these air
contaminants on human health.
(8.0) 11.200 AIR POLLUTION EPISODE CRITERIA
Conditions justifying the proclamation of an Air Pollution Alert,
Air Pollution Warning, or Air Pollution Emergency shall be deemed
to exist whenever the Department determines that the accumulation
of air contaminants in any place within the State of North Dakota
is attaining or has attained levels which could, if such levels
are sustained or exceeded, lead to a substantial threat to human
health. In making this determination, the Department will be
guided by the criteria listed in Table 6.
(8.0) 11.300 ABATEMENT STRATEGIES EMISSION REDUCTION PLANS
11.310 When the Department declares an Air Pollution Alert, Air
Pollution Warning, or Air Pollution Emergency, any person
responsible for the operation of a source of air contaminants
as set forth in Table 7 shall take all actions as requirea
by Table 7 for such source of air contaminants for the level
declared and shall put into effect the preplanned abatement
strategies plan for the level declared.
11.320 When the Department determines that a specified criteria
level has been reached at one or more monitoring sites solely
because of emissions from a limited number of sources, the
Department shall notify such source(s) that the actions set
forth in Table 7 or the preplanned abatement strategies plans
are required, insofar as it applies to such source(s) and
shall be put into effect until the criteria of the specified
level are no longer met.
(8.0) 11.400 PREPLANNED ABATEMENT STRATEGIES PLANS
11.410 Any person responsible for the operation of a source of air
contaminants as set forth in Table 7 shall prepare abatement
strategies plans for reducing the emission of air contaminants
during periods of an Air Pollution Al%rt, Air Pollution
Warning, and Air Pollution Emergency. Abatement strategies
plans shall be designed to reduce or eliminate emissions of
air contaminants in accordance with the objectives set forth
in Table 7.
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11.420 Any person responsible for the operation of a source of
air contaminants not set forth under Section 11.410 shall,
when requested by the Department, in writing, prepare
abatement strategies plans for reducing the emission of
air contaminants during periods of an Air Pollution Alert,
Air Pollution Warning, and Air Pollution Emergency.
Abatement strategies plans shall be designed to reduce
or eliminate emissions of air contaminants in accordance
with the objective set forth in Table 7.
11.430 Abatement strategies plans as required under Sections 11.410
and 11.420 shall be in writing and identify the sources of
air contaminants, the approximate amount of reduction of air
contaminants and a brief description of the manner in which
the reduction will be achieved during an Air Pollution Alert,
Air Pollution Warning, and Air Pollution Emergency.
11.440 During a condition of Air Pollution Alert, Air Pollution
Warning, and Air Pollution Emergency, abatement strategies
plans as required by Sections 11.410 and 11.420 shall be
made available on the premises to any person authorized to
enforce the provisions of applicable rules and regulations.
11.450 Abatement strategies plans as required by Sections 11.410 and
11.420 shall be submitted to the Department upon request
within thirty (30) days of the receipt of such request; such
abatement strategies plans shall be subject to review and
approval by the Department. If, in the opinion of the
Department an abatement strategies plan does not effectively
carry out the objectives as set forth in Table 7, the Department
may disapprove it, state the reasons for disapproval and order
the preparation of an amended abatement strategies plan within
the time period specified in the order.
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Table 6. Air Pollution Episode Criteria
1. Air Pollution Forecast:
An internal watch by the Department shall be actuated by a
National Weather Service advisory that Atmospheric Stagnation
Advisory is in effect or the equivalent local forecast of
stagnant atmospheric condition.
2. Air Pollution Alert:
The Alert level is that concentration of contaminants at which
first stage control actions is to begin. An Alert will be declared
when any one of the following levels is reached at any monitoring
site:
S02-800 ug./m3 (0.3 p.p.m.), 24-hour average.
Particulate-3.0 COHs or 375 ug./m3, 24-hour average.
S02 and particulate combined-product of S02 p.p.m., 24-hour
average, and COHs equal to 0.2 or product of S02- ug./m3,
24-hour average, and particulate ug./m3, 24-hour average
equal to 65X103.
CO-17 mg./m3 (15 p.p.m.), 8-hour average.
Oxidant (03)-200 ug./m3 (0.1 p.p.m.) - Irhour average.
N0?-l,130 ug./m3 (0.6 p.p.m.), 1-hour average, 282 ug./m3
[0.15 p.p.m.), 24-hour average.
and meteorological conditions are such the pollutant concentrations
can be expected to remain at the above levels for twelve (12)
or more hours or increase unless control actions are taken.
3. Air Pollution Warning:
The warning level indicates that air quality is continuing to degrade
and that additional control actions are necessary. A warning will
be declared when any one of the following levels is reached at any
monitoring site:
S02-1.600 ug./m3 (0.6 p.p.m.), 24-hour average.
Particulate-5.0 COHs or 625 ug./m3, 24-hour average.
S02 and particulate combined-product of SO^, p.p.m., 24-hour
average and COHs equal to 0.8 or product of S02 ug./m3>
24-hour average and particulate ug./m3, 24-hour average
equal to 261xlO3.
CO-34 mg./m3 (30 p.p.m.), 8-hour average.
Oxidant (03)-800 ug./m 3(0.4 p.p.m.), 1-hour average.
N02 .260 ug./m3 (1.2 p.p.m.), 1-hr average; 565 ug./m3 (0.3 p.p.m.),
24-hour average.
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and meteorological conditions are such that pollutant considerations
can be expected to remain at the above levels for twelve (12)
or more hours or increase unless control actions are taken.
4. Air Pollution Emergency:
The emergency level indicates that air quality is continuing to
degrade toward a level of significant harm to the health of persons
and that the most stringent control actions are necessary. An
emergency will be declared when any one of the following levels is
reached at any monitoring site:
502-2,100 ug./m3 (0.8 p.p.m.), 24-hour average.
Particulate-7.0 COHs or 875 ug./m3, 24-hour average.
S02 and particulate combined-product of S02 p.p.m., 24-hour
average and COHs equal to 1.2 or product of S02 ug./m3, 24-hour
average, and particulate ug./m3, 24-hour average equal to
393x103.
CO-46 mg./m3 (40 p.p.m.). 8-hour average.
Oxidant (03)-!,200 ug./m3 (0.6 p.p.m.), 1-hour average.
N02-3,000 ug./m3 (1.6 p.p.m.), 1-hour average; 750 ug./m3
(0.4 p.p.m.), 24-hour average.
and meteorological conditions are such that this condition can be
expected to continue for twelve (12) or more hours.
5. Termination:
Once declared, any status reached by application of these criteria
will remain in effect until the criteria for that level are no
longer met. At such time, the next lower status will be assumed.
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Table 7. Abatement Strategies Emission Reduction Plans
Air Pollution Alert Level
Part A. General
1. There shall be no open burning by any persons of tree waste, vegeta-
tion, refuse, or debris in any form.
2. The use of incinerators for the disposal of any form of solid waste
shall be limited to the hours between 12. p.m. and 4 p.m.
3. Persons operating fuel-burning equipment which requires boiler
lancing or soot blowing shall perform such operations only between
the hours of 12o.m. and 4 p..m.
4. Persons operating motor vehicles should eliminate all unnecessary
operations.
Part B. Source Curtailment
Any person responsible for the operation of a source of air contaminants
listed below shall take all required control actions for this Alert Level.
Source of Air Contaminants
1. Coal or oil-fired electric
power generating facilities.
2. Coal and oil-fired process
steam generating facilities.
Control Action
a. Substantial reduction by utilization
of fuels having low ash and sulfur
content.
b. Maximum utilization of mid-day
(12 m. to 4 p.m.) atmospheric
turbulence for boiler lancing
and soot blowing.
c. Substantial reduction by diverting
electric power generation to facilities
outside of Alert Area.
a. Substantial reduction by utilization
of fuels having low ash and sulfur
content.
b. Maximum utilization of mid-day
(12 m. to 4 p.m.) atmospheric
turbulence for boiler lancing and soot
blowing.
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Source of Air Contaminants
3. Manufacturing industries of a.
the following classifications:
Primary Metals Industry.
Petroleum Refining Operations.
Chemical Industries.
Mineral Processing Indus- b.
tries
Grain Industries.
Control Action
Substantial reduction of steam load
demands consistent with continuing
plant operations.
Substantial reduction of air con-
taminants from manufacturing operations
by curtailing, postponing, or deferring
production and all operations.
Maximum reduction by deferring trade
waste disposal operations which emit
solid particles, gas vapors or
malodorous substances.
Maximum reduction of heat load demands
for processing.
Maximum utilization of mid-day (12m.
to 4 p.m.) atmospheric turbulence for
boiler lancing or soot blowing.
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Air Pollution Warning Level
Part A. General
1. There shall be no open burning by any persons of tree waste, vegetation,
refuse, or debris in any form.
2. The use of incinerators for the disposal of any form of solid waste
or liquid waste shall be prohibited.
3. Persons operating fuel-burning equipment which requires boiler lancing
or soot blowing shall perform such operations only between the hours of
12 m. and 4 p.m.
4. Persons operating motor vehicles must reduce operations by the use of
car pools and increased use of public transportation and elimination
of unnecessary operation.
Part B. Source Curtailment
Any person responsible for the operation of a source of air contaminants
listed below shall take all required control actions for this Warning Level.
1.
Source of Air Contaminants
Coal or oil-fired electric
power generating facilities.
2.
Oil and oil-fired process
steam generating facilities.
Control Action
a. Maximum reduction by utilization
of fuels having lowest ash and
sulfur content.
b. Maximum utilization of mid-day
(12 m. to 4 p.m.) atmospheric
turbulence for boiler lancing and
soot blowing.
c. Maximum reduction by diverting
electric power generation to facilities
outside of Warning Area.
a. Maximum reduction by utilization
of fuels having the lowest available
ash and sulfur content.
b. Maximum utilization of mid-day (12m.
to 4 p.m.) atmospheric turbulence for
boiler lancing and soot blowing.
c. Making ready for use a plan of action
to be taken if an emergency develops.
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Source of Air Contaminants
Control Action
Manufacturing industries
which require considerable
lead time for shut-down
including the following
classifications:
Petroleum Refining.
Chemical Industries.
Primary Metals Industries,
4. Manufacturing industries
which require relatively
short lead times for shut-
down including the
following classifications:
Primary Metals Industries.
Chemical Industries.
Grain Industry.
Mineral Processing
Industries.
a. Maximum reduction of air contami-
nants from manufacturing operations
by, if necessary, assuming reasonable
economic hardships by postponing
production and allied operation.
b. Maximum reduction by deferring trade
waste disposal operations which emit
solid particles, gases, vapors, or
malodorous substances.
c. Maximum reduction of heat load demands
for processing.
d. Maximum utilization of mid-day (12 m.
to 4 p.m.) atmospheric turbulence for
boiler lancing or soot blowing.
a. Elimination of air contaminants from
manufacturing operations by ceasing,
curtailing, postponing or deferring
to the extent possible without causing
injury to persons or damage to
equipment.
b. Elimination of air contaminants from
trade waste disposal processes which
emit solid particles, gases, vapors
or malodorous substances.
c. Maximum reduction of heat load demands
for processing.
d. Maximum utilization of mid-day (12m.
to 4 p.m.) atmospheric turbulence
for boiler lancing or soot blowing.
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Air Pollution Emergency Level
Part A. General
1. There shall be no open burning by any persons of tree waste, vegetation,
refuse, or debris in any form.
2. The use of incinerators for the disposal of any form of solid or liquid
waste shall be prohibited.
3. All places of employment described below shall immediately cease
operations:
a. Mining and quarrying of nonmetallic minerals.
b. All construction work except that which must proceed to avoid
emergent physical harm.
c.
All manufacturing establishments except those required to have in
force an air pollution emergency abatement strategies plan.
d. All wholesale trade establishments; i.e., places of business
primarily engaged in selling merchandise to retailers, or industrial,
commercial, institutional or professional users, or to other whole-
salers, or acting as agents in buying merchandise for or selling
merchandise to such persons or companies, except those engaged in
the distribution of drugs, surgical supplies and food.
e. All offices of local, county and State government including
authorities, joint meetings, and other public bodies excepting such
agencies which are determined by the chief administrative officer
of local, county, or State government, authorities, joint meetings
and other public bodies to be vital for public safety and welfare
and the enforcement of the provisions of this order.
f. All retail trade establishments except pharmacies, surgical supply
distributors, and stores primarily engaged in the sale of food.
g. Banks, credit agencies other than banks, securities and commodities
brokers, dealers, exchanges and services; offices of insurance
carriers, agents and brokers, real estate offices.
h. Wholesale and retail laundries, laundry services and cleaning and
dyeing establishments; photographic studios; beauty shops, barber
shops, shoe repair shops.
i. Advertising offices; consumer credit reporting, adjustment and
collection agencies; duplicating, addressing, blueprinting, photocopy-
ing, mailing, mailing list and stenographic services; equipment rental
services, commercial testing laboratories.
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j. Automobile repair, automobile services, garages.
k. Establishments rendering amusement and recreational services
including motion picture theaters.
1. Elementary and secondary schools, colleges, universities,
professional schools, junior colleges, vocational schools, and
public and private libraries.
4. All commercial and manufacturing establishments not included in this
order will institute such actions as will result in maximum reduction
of air contaminants from their operation by ceasing, curtailing, or
postponing operations which emit air contaminants to the extent possible
without causing injury to persons or damage to equipment.
5. The use of motor vehicles is prohibited except in emergencies with the
approval of local police or State Highway Patrol.
Part B. Source Curtailment
Any person responsible for the operation of a source of air contaminants
listed below shall take all required control actions for this Emergency Level
1.
Source of Air Contaminants
Coal or oil-fired electric
power generating facilities,
2.
Coal and oil-fired process
steam generating facilities.
Control Action
a. Maximum reduction by utilization
of fuels having lowest ash and sulfur
content.
b. Maximum utilization of mid-day (12 m.
to 4 p.m.) atmospheric turbulence
for boiler lancing or soot blowing.
c. Maximum reduction by diverting
electric power generation to facilities
outside of Emergency Area.
a. Maximum reduction by reducing heat
and steam demands to absolute
necessities consistent with preventing
equipment damage.
b. Maximum utilization of mid-day (12 m.
to 4 p.m.) atmospheric turbulence
for boiler lancing and soot blowing.
c. Taking the action called for in the
Abatement Strategies Plan for the
Emergency Level.
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Source of Air Contaminants
Manufacturing industries
of the following classifica-
tions:
Primary Metals Industries.
Petroleum Refining.
Chemical Industries.
Mineral Processing Indus-
tri es
Grain Industry.
Control Action
Elimination of air contaminants
from manufacturing operations by
ceasing, curtailing, postponing or
deferring production and allied
operations to the extent possible
without causing injury to persons
or damage to equipment.
b. Elimination of air contaminants from
trade waste disposal processes which
emit solid particles, gases, vapors,
or malodorous substances.
c. Maximum reduction of heat load
demands for processing.
d. Maximum utilization of mid-day (12 m.
to 4 p.m.) atmospheric turbulence
for boiler lancing or soot blowing.
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R23-25-12 STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES
(2.0) 12.100 GENERAL PROVISIONS
(2.0) 12.101 Applicability
The provisions of this regulation apply to the owner or
operator of any stationary source which contains an
affected facility the construction or modification of
which is commenced after the effective date of this
regulation. These standards shall fae applied in conjunction
with the procedure set out in R23-25-14.
(1.0) 12.102 Definitions
As used in this regulation, all terms not defined herein
shall have the meaning given them in the Act or Section
1.040 of these regulations.
(1) "Standard" means a standard of performance pro-
mulgated under this regulation.
(2) "Stationary source" means any building, structure,
facility, or installation which emits or may emit
any air pollutant.
(3) "Affected facility" means, with reference to a
stationary source, any apparatus to which a standard
is applicable.
(4) "Owner or operator" means any person who owns, leases,
operates, controls, or supervises an affected facility
or a stationary source of which an affected facility
is a part.
(5) "Construction" means fabrication, erection, or
installation of an affected facility.
(6) "Modification" means any physical change in, or change
in the method of operation of, an affected facility
which increases the amount of any air pollutant (to
which a standard applies) emitted by such facility
or which results in the emission of any air pollutant
(to which a standard applies) not previously emitted,
except that:
(a) Routine maintenance, repair, and replacement
shall not be considered physical changes, and
(b) The following shall not be considered a change
in the method of operations:
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(i) An increase in the production rate, if
such increase does not exceed the operating
design capacity of the affected facility:
(ii) An increase in hours of operation;
(7) "Commenced" means, with respect to the definition of
"new source" that an owner or operator has under-
taken a continuous program of construction or modifica-
tion or that an owner or operator has entered into a
contractual obligation to undertake and complete,
within a reasonable time, a continuous program of
construction or modification.
(8) "Opacity" means the degree to which emissions reduce
the transmission of light and obscure the view of an
object in the background.
(9) "Nitrogen oxides" means all oxides of nitrogen except
nitrous oxide, as measured by test methods set forth
in this regulation.
(10) "Standard conditions" means a temperature of 20°C
(68°F) and a pressure of 760 mm of Hg (29.92 in. of
Hg).
(11) "Proportional sampling" means sampling at a rate that
produces a constant ratio of sampling rate to stack
gas flow rate.
(12) "Isokinetic sampling" means sampling in which the
linear velocity of the gas entering the sampling
nozzle is equal to that of the undisturbed gas stream
at the sample point.
(13) "Startup" means the setting in operation of an affected
facility for any purpose.
(14) "Shutdown" means the cessation of operation of an
affected facility for any purpose.
(15) "Malfunction" means any sudden and unavoidable failure
of air pollution control equipment or process equipment
or a process to operate in a normal or usual manner.
Failures that are caused entirely or in part by poor
maintenance, careless operation, or any other
preventable equipment breakdown shall not be considered
malfunctions.
(16) "One-hour period" means any 60 minute period commencing
on the hour.
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(17) "Reference method" means any method of sampling and
analyzing for an air pollutant as described in
Appendix A to this regulation.
(18) "Equivalent method" means any method of sampling and
analyzing for an air pollutant which has been demonstra-
ted to the Department's satisfaction to have a consistent
and quantitatively known relationship to the reference
method, under specified conditions.
(19) "Alternative method" means any method of sampling and
analyzing for an air pollutant which is not a reference
or equivalent method but which has been demonstrated to
the Department's satisfaction to, in specific cases,
produce results adequate for the Department's determina-
tion of compliance.
(20) "Particulate matter" means any finely divided solid or
liquid material, other than uncombined water, as
measured by Method 5 of Appendix A to this regulation
or an equivalent or alternative method.
(21) "Run" means the net period of time during which an
emission sample is collected. Unless otherwise specified,
a run may be either intermittent or continuous within
the limits of good engineering practice.
(22) "Six-minute period" means any one of the 10 equal parts
of a one-hour period.
(23) "Continuous monitoring system" means the total equipment,
required under the emission monitoring divisions in
applicable subsections, used to sample and condition (if
applicable), to analyze, and to provide a permanent
record of emissions or process parameters.
(24) "Monitoring device" means the total equipment, required
under the monitoring of operations divisions in
applicable subsections, used to measure and record (if
applicable) process parameters.
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(2.0)
12.103 Abbreviations
The abbreviations used in this part have the following
meanings:
(2.0)
A.S.T.M.-American Society
for Testing and
Materials
Btu-British thermal unit
°C-degree Celsius
(centigrade)
cal-calorie
CdS-cadmium sulfide
cfm-cubic feet per minute
CO-carbon monoxide
C02-carbon dioxide
dscm-dry cubic meter(s)
at standard con-
ditions
dscf-dry cubic feet at
standard conditions
eq-equivalents
°F-degree Fahrenheit
g-gram(s)
gal-gallon(s)
g-eq-gram equivalents
gr-grain(s)
hr-hour(s)
HC1-hydrochloric acid
Hg-mercury
HgO-water
HgS-hydrogen sulfide
H2S04-sulfuric acid
in.-inch(es)
OK-degree Kelvin
k-1,000
kg-kilogram(s)
l-liter(s)
Ipm-liter(s) per minute
Ib-pound(s)
m-meter(s)
meq-mi11i equi valent(s)
min-minute(s)
mg-milligram(s)
ml-milliliter(s)
mm-millimeter(s)
mol.wt.-molecular weight
mV-millivolt
N2-nitrogen
nm-nanometer(s)-10~9 meter
NO-nitric oxide
N02-nitrogen dioxide
NOX-nitrogen oxides
02-oxygen
ppb-parts per billion
ppm-parts per million
psia-pounds per square inch
absolute
°R-degree Rankine
s-at standard conditions
sec-second
S02-sulfur dioxide
SOa-sulfur trioxide
ug-microgram(s)-10~6 gram
12.104 Determination of Construction or Modification
When requested to do so by an owner or operator, the
Department will make a determination of whether actions
taken or intended to be taken by such owner or operator
constitute construction or modification or the commence-
ment thereof within the meaning of this section.
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(2.o) 12.105 Review of Plans
(1) When requested to do so by an owner or operator,
the Department will review plans for construction
or modification for the purpose of providing technical
advice to the owner or operator.
(2) (a) A separate request shall be submitted for each
construction or modification project.
(b) Each request shall identify the location of
such project, and be accompanied by technical
information describing the proposed nature, size,
design, and method of operation of each affected
facility involved in such project, including
information on any equipment to be used for measure-
ment or control of emissions.
(3) Nothing in this subsection or subsection 12.104 nor
any action taken by the Department pursuant to this
subsection or subsection 12.104 shall;
(a) Prevent the Department from making any such
determination described above upon its own
initiative;
(b) Prevent the Department from making any subsequent
redetermination;
(c) Relieve an owner or operator of legal responsibility
for compliance with any provision of this regulation
or of any applicable Federal or local requirement,
or
(d) Prevent the Department from implementing or
enforcing any provision of this regulation or
taking any other action authorized by law.
(13.0) 12.106 Notification and Record Keeping
(1) Any owner or operator subject to the provisions of this
regulation shall furnish the Department written notifica-
tion as follows:
(a) A notification of the anticipated date of initial
startup of an affected facility not more than 60
days or less than 30 days prior to such date.
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(b) A notification of the actual date of initial
startup of an affected facility within 15 days
after such date.
(c) A notification of the date upon which demonstra-
tion of the continuous monitoring system performance
commences in accordance with subsection 12.111(3).
Notification shall be postmarked not less than 30
days prior to such date.
(2) Any owner or operator subject to the provisions of
this regulation shall maintain records of the occurrence
and duration of any startup, shutdown, or malfunction in
the operation of an affected facility; any malfunction
of the air pollution control equipment; or any periods
during which a continuous monitoring system or monitoring
device is inoperative.
(3) Each owner or operator required to install a continuous
monitoring system shall submit a written report of excess
emissions (as defined in applicable subsections) to the
Department for every calendar quarter. All quarterly
reports shall be postmarked by the 30th day following
the end of each calendar quarter and shall include the
foilowing information:
(a) The magnitude of excess emissions computed in
accordance with subsection 12.111(8), any
conversion factor(s) used, and the date and time
of commencement and completion of each time period
of excess emissions.
(b) Specific identification of each period of excess
emissions that occurs during startups, shutdowns,
and malfunctions of the affected facility. The
nature and cause of any malfunction (if known),
the corrective action taken or preventative
measures adopted.
(c) The date and time identifying each period during
which the continuous monitoring system was in-
operative except for zero and span checks and the
nature of the system repairs or adjustments.
(d) When no excess emissions have occurred or the
continuous monitoring system(s) have not been
inoperative, repaired, or adjusted, such informa-
tion shall be stated in the report.
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(4) Any owner or operator subject to the provisions of
this regulation shall maintain a file of all measure-
ments, including continuous monitoring system,
monitoring device, and performance testing measure-
ments; all continuous monitoring system performance
evaluations; all continuous monitoring system or
monitoring device calibration checks; adjustments and
maintenance performed on these systems or devices; and
all other information required by this regulation recorded
in a permanent form suitable for inspection. The file
shall be retained for at least two years following the
date of such measurements, maintenance, reports, and
records.
(9.0) 12.107 Performance Tests
(1) Within 60 days after achieving the maximum production
rate at which the affected facility will be operated,
but not later than 180 days after initial startup of
such facility, and at such other times as may be required
by the Department, the owner or operator of such facility
shall conduct performance test(s) and furnish the
Department a written report of the results of such
performance test(s). The period during which performance
tests are conducted shall be a 'period of trial operation
pursuant to a permit to construct, and shall not be
construed as allowing regular, commercial operation of
the permitted facility.
(2) Performance tests shall be conducted and data reduced
in accordance with the test methods and procedures
contained in each applicable subsection of section 12.400,
unless the Department; (a) specifies or approves, in
specific cases, the use of a reference method with minor
changes in methodology, or (b) approves the use of an
equivalent method, or (c) approves the use of an alterna-
tive method the results of which it has determined to be
adequate for indicating whether a specific source is in
compliance, or (d) waives the requirement for performance
tests because the owner or operator of a source has
demonstrated by other means to the Department's satis-
faction that the affected facility is in compliance with
the standard.
(3) Performance tests shall be conducted under such conditions
as the Department shall specifiy to the plant operator
based on representative performance of the affected
facility. The owner or operator shall make available to
the Department such records as may be necessary to deter-
mine the conditions for the performance tests. Operations
during periods of startup, shutdown, and malfunction shall
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not constitute representative conditions or performance
tests unless otherwise specified in the applicable
standard.
(4) The owner or operator of an affected facility shall
provide the Department 30 days prior notice of the
performance test to afford the Department the opportunity
to have an observer present.
(5) The owner or operator of an affected facility shall
provide, or cause to be provided, performance testing
facilities as follows:
(a) Sampling ports adequate for test methods applicable
to such facility.
(b) Safe sampling platform(s).
(c) Safe access to sampling platform(s).
(d) Utilities for sampling and testing equipment.
(6) Each performance test shall consist of three separate
runs using the applicable test method. Each run shall
be conducted for the time and under the conditions
specified in the applicable standard. For the purpose
of determining compliance with an applicable standard,
the arithmetic means of results of the three runs must
be discontinued because of forced shutdown, failure of
an irreplaceable portion of the sample train, extreme
meteorological conditions, or other circumstances beyond
the owner or operator's control, compliance may, upon
the Department's approval, be determined using the
arithmetic mean of the results of the two other runs or,
the Department may require a new performance test.
(14.0) 12.108 Availability of Information
(1) Emission data provided to, or otherwise obtained by, the
Department in accordance with the provisions of this
regulation shall be available to the public at the
Department's offices.
(2) As provided in division (1) of this subsection, any
records, reports, or information provided to, or otherwise
obtained by, the Department in accordance with the
provisions of this regulation shall be available to the
public, except that (a) upon a showing satisfactory to
the Department by any person that such records, report?,
or information, or particular part thereof (other than
emission data), if made public, would divulge methods or
processes entitled to protection as trade secrets of
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such person, the Department shall consider such
records, reports, or information, or particular part
thereof, confidential in accordance with the purposes
of Section 1905 of Title 18 of the United States Code,
except that such records, reports, or information, or
particular part thereof considered confidential, may
be disclosed to other officers, employees, or
authorized representatives of the Department and the
United States concerned with carrying out the provisions
of these regulations or when relevant in any proceeding
under these regulations; and (b) information received
by the Department solely for the purposes of subsections
12.104 and 12.105(1) and (2) shall not be disclosed by
the Department if it is identified by the owner or
operator and found by the Department to be a trade
secret or confidential, commercial or financial informa-
tion.
(6.0) 12.109 Compliance With Standards and Maintenance Requirements
(7.0)
(1) Compliance with standards in this regulation, other than
opacity standards, shall be determined only by performance
tests established by subsection 12.107.
(2) Compliance with opacity standards in this regulation
shall be determined by conducting observations in
accordance with Reference Method 9 in Appendix A of
this regulation. Opacity readings of portions of plumes
which contain condensed, uncombined water vapor shall
not be used for purposes of determining compliance with
opacity standards. The results of continuous monitoring
by transmissometer which indicate that the opacity at
the time visual observations were made was not in excess
of the standard are probative but not conclusive evidence
of the actual opacity of an emission, provided that the
source shall meet the burden of providing that the
instrument used meets (at the time of the alleged
violation) Performance Specification 1 in Appendix B
of this regulation, has been properly maintained and (at
the time of the alleged violation) calibrated, and that
the resulting data have not been tampered with in any way.
(3) The opacity standards set forth in this regulation shall
apply at all times except during periods of startup,
shutdown, malfunction, and as otherwise provided in the
applicable standard.
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(4) At all times, including periods of startup, shutdown,
and malfunction, owners and operators shall, to the
extent practicable, maintain and operate any affected
facility including associated air pollution control
equipment in a manner consistent with good air
pollution control practice for minimizing emissions.
Determination of whether acceptable operating and
maintenance procedures are being used will be based on
information available to the Deparment which may include,
but is not limited to, monitoring results, opacity
observations, review of operating and maintenance pro-
cedures, and inspection of the source.
(5) (a) An owner or operator of an affected facility may
request the Department to determine opacity of
emissions from the affected facility during the
initial performance tests required by subsection
12.107.
(b) Upon receipt from such owner or operator of the
written report of the results of the performance
tests required by subsection 12.107, the Department
will make a determination concerning compliance with
opacity and other applicable standards. If the
Department determines that an affected facility is
in compliance with all applicable standards for
which performance tests are conducted in accordance
with subsection 12.107 of this regulation but
during the time such performance tests are being
conducted fails to meet any applicable opacity
standard, it shall notify the owner or operator and
advise him that he may petition the Department with-
in 10 days of receipt of notification to make
appropriate adjustment to the opacity standard for
the affected facility.
(c) The Department will grant such a petition upon a
demonstration by the owner or operator that the
affected facility and associated air pollution
control equipment was operated and maintained in
a manner to minimize the opacity of emissions during
the performance tests; that the performance tests
were performed under the conditions established
by the Department; and that the affected facility
and associated air pollution control equipment were
incapable of being adjusted or operated to meet
the applicable opacity standard.
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(d) Tha Department will establish an opacity standard
for the affected facility meeting the above require-
ments at a level at which the source will be able,
as indicated by the performance and opacity tests,
to meet the opacity standard at all times during
which the source is meeting the mass or concentration
emission standard. The Department will then pro-
mulgate the new opacity standard for such facility.
(2.0) 12.110 Circumvention
No owner or operator subject to the provisions of this regula-
tion shall build, erect, install, or use any article, machine,
equipment or process, the use of which conceals an emission
which would otherwise constitute a violation of an applicable
standard. Such concealment includes, but is not limited to,
the use of gaseous diluents to achieve compliance with an
opacity standard or with a standard which is based on the
concentration of a pollutant in the gases discharged to the
atmosphere.
(9.0) 12.111 Monitoring Requirements
(1) Unless otherwise approved by the Department or specified
in applicable subsections, the requirements of this
subsection shall apply to all continuous monitoring
systems required under applicable subsections.
(2) All continuous monitoring systems and monitoring devices
shall be installed and operational prior to conducting
performance tests under subsection 12.107. Verification
of operational status shall, as a minimum, consist of
the following:
(a) For continuous monitoring systems referenced in
division (3)(a) of this subsection, completion of
the conditioning period specified by applicable
requirements in Appendix B.
(b) For continuous monitoring systems referenced in
division (3)(b) of this subsection, completion of
seven days of operation.
(c) For monitoring devices referenced in applicable
subsections, completion of the manufacturer's
written requirements or recommendations for checking
the operation or calibration of the device.
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(3) During any performance tests required under subsection
12.107 or within 30 days thereafter and at such other
times as may be required by the Department, the owner
or operator of any affected facility shall conduct
continuous monitoring system performance evaluations
and furnish the Department within 60 days thereof two
or, upon request, more copies of a written report of the
results of such tests. These continuous monitoring
system performance evaluations shall be conducted in
accordance with the following specifications and pro-
cedures:
(a) Continuous monitoring systems listed within this
subdivision except as provided in division (3)(b)
of this subsection shall be evaluated in accordance
with the requirements and procedures contained in
the applicable performance specification of Appendix
B as follows:
(i) Continuous monitoring systems for measuring
opacity of emissions shall comply with
Performance Specification 1.
(ii) Continuous monitoring systems for measuring
nitrogen oxides emissions shall comply with
Performance Specification 2.
(iii) Continuous monitoring systems for measuring
sulfur dioxide emissions shall comply with
Performance Specification 2.
(iv) Continuous monitoring systems for measuring
the oxygen content or carbon dioxide content
of effluent gases shall comply with Performance
Specification 3.
(b) An owner or operator who, prior to September 11, 1974,
entered into a binding contractual obligation to
purchase specific continuous monitoring system
components except as referenced by division (3)(b)
(iii) of this subsection shall comply with the
following requirements:
(i) Continuous monitoring systems for measuring
opacity of emissions shall be capable of
measuring emission levels within ± 20 percent
with a confidence level of 95 percent. The
Calibration Error Test and associated calcula-
tion procedures set forth in Performance
Specification 1 of Appendix B shall be used
for demonstrating compliance with this
specification.
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(ii) Continuous monitoring systems for measure-
ment of nitrogen oxides or sulfur dioxide
shall be capable of measuring emission levels
within +20 percent with a confidence level of
95 perce'nt. The Calibration Error Test, the
Field Test for Accuracy (Relative), and
associated operating and calculation procedures
set forth in Performance Specification 2 of
Appendix B shall be used for demonstrating
compliance with this specification.
(iii) Owners or operators of all continuous monitoring
systems installed on an affected facility prior
to the effective date of this regulation are
not required to conduct tests under divisions
(3)(b)(i) and/or (ii) of this subsection unless
requested by the Department.
(c) All continuous monitoring systems referenced by
division (3)(b) of this subsection shall be upgraded
or replaced (if necessary) with new continuous
monitoring systems, and such improved systems shall
be demonstrated to comply with applicable performance
specifications under division (3)(a) of this sub-
section by September 11, 1979.
(4) Owners or operators of all continuous monitoring systems
installed in accordance with the provisions of this
regulation shall check the zero and span drift at least
once daily in accordance with the method prescribed by
the manufacturer of such systems unless the manufacturer
recommends adjustments at shorter intervals, in which
case such recommendations shall be followed. The zero
and span shall, as a minimum, be adjusted whenever the
24-hour zero drift or 24-hour calibration draft limits
of the applicable performance specifications in Appendix
B are exceeded. For continuous monitoring systems
measuring opacity of emissions, the optical surfaces
exposed to the effluent gases shall be cleaned prior
to performing the zero or span drift adjustments except
that for systems using automatic zero adjustments, the
optical surfaces shall be cleaned when the cumulative
automatic zero compensation exceeds four percent opacity.
Unless otherwise approved by the Department, the following
procedures, as applicable, shall be followed:
(a) For extractive continuous monitoring systems
measuring gases, minimum procedures shall include
introducing applicable zero and span gas mixtures
into the measurement system as near the probe as is
practical. Span and zero gases certified by their
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manufacturer to be traceable to National Bureau
of Standards reference gases shall be used whenever
these reference gases are available. The span and
zero gas mixtures shall be the same composition as
specified in Appendix B of this regulation. Every
six months from date of manufacture, span and zero
gases shall be reanalyzed by conducting triplicate,
analyses with Reference Methods 6 for SC2/7 for
NOX, and 3 for 03 and CO2. respectively. The gases
may be analyzed at less frequent intervals if
longer shelf lives are guaranteed by the manufacturer.
(b) For non-extractive continuous monitoring systems
measuring gases, minimum procedures shall include
upscale check(s) using a certified calibration gas
cell or test cell which is functionally equivalent
to a known gas concentration. The zero check may be
performed by computing the zero value from upscale
measurements or by mechanically producing a zero
condition.
(c) For continuous monitoring systems measuring opacity
of emissions, minimum procedures shall include a
method for producing a simulated zero opacity
condition and an upscale (span) opacity condition
using a certified neutral density filter or other
related technique to produce a known obscuration of
the light beam. Such procedures shall provide a
system check of the analyzer internal optical
surfaces and all electronic circuitry including the
lamp and photodetector assembly.
(5) Except for system breakdowns, repairs, calibration checks,
and zero and span adjustments required under division (4)
of this subsection, all continuous monitoring systems
shall be in continuous operation and shall meet minimum
frequency of operation requirements as follows:
(a) All continuous monitoring systems referenced by
division (3)(a) and (b) of this subsection for
measuring opacity of emissions shall complete
a minimum of one cycle of operation (sampling,
analyzing, and data recording) for each successive
10-second period.
(b) All continuous monitoring systems referenced by
division (3)(a) of this subsection for measuring
oxides of nitrogen, sulfur dioxide, carbon dioxide,
or oxygen shall complete a minimum of one cycle
of operation (sampling, analyzing, and data recording)
for each successive 15-minute period.
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(c) All continuous monitoring systems referenced
by division (3)(b) of this subsection, except
opacity, shall complete a minimum of one cycle
of operation (sampling, analyzing, and data
recording) for each successive one-hour period.
(6) All continuous monitoring systems or monitoring devices
shall be installed such that representative measurements
of emissions or process parameters from the affected
facility are obtained. Additional procedures for
location of continuous monitoring systems contained
in the applicable Performance Specifications of Appendix
B of this regulation shall be used.
(7) When the effluents from a single affected facility or
two or more affected facilities subject to the same
emission standards are combined before being released
to the atmosphere, the owner or operator may install
applicable continuous monitoring systems on each
effluent or on the combined effluent. When the affected
facilities are not subject to the same emission standards,
separate continuous monitoring systems shall be installed
on each effluent. When the effluent from one affected
facility is released to the atmosphere through moire than
one point, the owner or operator shall install applicable
continuous monitoring systems on each separate effluent
unless the installation of fewer systems is approved by
Department.
(8) Owners or operators of all continuous monitoring systems
for measurement of opacity shall reduce all data to six-
minute averages and for systems other than opacity to
one-hour averages for time periods under subsections
12.102(22) and (16), respectively. Six-minute opacity
averages shall be calculated from 24 or more data points
equally spaced over each six-minute period. For systems
other than opacity, one-hour averages shall be computed
from four or more data points equally spaced over each
one-hour period. Data recorded during periods of system
breakdowns, repairs, calibration checks, and zero and
span adjustments shall not be included in the data
averages computed under this division. An arithmetic
or integrated average of all data may be used. The
data output of all continuous monitoring systems may be
recorded in reduced or nonreduced form (e.g. ppm pollutant
and percent 02 or 1 fa/million BID of pollutant). All
excess emissions shall be converted into units of the
standard using the applicable conversion procedures
specified in subsections. After conversion into units
of the standard, the data may be rounded to the same
number of significant digjts used in subsections to
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specify the applicable standard (e.g. rounded to the
nearest one percent opacity).
(a) Upon written application by an owner or operator,
the Department may approve alternatives to any
monitoring procedures or requirements of this
regulation including, but not limited to the
following:
(i) Alternative monitoring requirements when
installation of a continuous monitoring system
or monitoring device specified by this regula-
tion would not provide accurate measurements
due to liquid water or other interferences
caused by substances with the effluent gases.
(ii) Alternative monitoring requirements when
the affected facility is infrequently
operated.
(iii) Alternative monitoring requirements to accomo-
date continuous monitoring systems that require
additional measurements to correct stack
moisture conditions.
(iv) Alternative locations for installing continuous
monitoring systems or monitoring devices when
the owner or operator can demonstrate that
installation at alternate locations will enable
accurate and representative measurements.
(v) Alternative methods of converting pollutant
concentration measurements to units of the
standards.
(vi) Alternative procedures for performing daily
checks of zero and span drift that do not
involve use of span gases or test cells.
(vii) Alternatives to the A.S.T.M. test methods or
sampling procedures specified by any subsection.
(viii) Alternative continuous monitoring systems that
do not meet the design or performance require-
ments in Performance Specification 1, Appendix
B, but adequately demonstrate a definite and
consistent relationship between its measurements
and the measurements of opacity by a system
complying with the requirements in Performance
Specification 1. The Department may require
that such demonstration be performed for each
affected facility.
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(ix) Alternative monitoring requirements when the
effluent from a single affected facility or
the combined effluent from two or more affected
facilities are released to the atmosphere
through more than one point.
12.200 - 12.300 (RESERVED)
(2.0) 12.400 STANDARDS OF PERFORMANCE
(51.5) 12.401 Standards of Performance for Fossil-Fuel Steam Generators
(51.6)
(51.7) (1) Applicability and Designation of Affected Facility
The provisions of this subsection are applicable to each
fossil fuel-fired steam generating unit of more than 63
million kcal per hour heat input (250 million BTU per
hour), which is the affected facility.
(2) Definitions
As used in this subsection, all terms not defined herein
shall have the meaning given them in the Act, and in
subsection 12.102 of this regulation.
(a) "Fossil fuel-fired steam generating unit" means
furnace or boiler used in the process of burning
fossil fuel for the purpose of producing steam by
heat transfer.
(b) "Fossil fuel" means natural gas, petroleum, coal,
and any form of solid, liquid, or gaseous fuel
derived from such materials for the purpose of
creating useful heat.
(3) Standard for Particulate Matter
(a) On and after the date on which the performance
test required to be conducted by subsection 12.107
is completed, no owner or operator subject to the
provisions of this subsection shall cause to be
discharged into the atmosphere from any affected
facility any gases which:
(i) Contain particulate matter in excess of 0.18 g
per million cal heat input (0.10 Ib per million
BTU) derived from fossil fuel.
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(ii) Exhibit greater than 20 percent opacity
except that a maximum of 40 percent opacity
shall be permissible for not more than 2
minutes in any hour.
(4) Standard for Sulfur Dioxide
(a) On and after the date on which the performance
test required to be conducted by subsection 12.107
is completed, no owner or operator subject to the
provisions of this subsection shall cause to be
discharged into the atmosphere from any affected
facility any gases which contain sulfur dioxide
in excess of:
(i) 1.4 g per million cal heat input (0.80 Ib
per million BTU) derived from liquid fossil
fuel.
(.ii) 2.2 g per million cal heat input (1.2 Ib per
million BTU) derived from solid fossil fuel.
(b) When different fossil fuels are burned simultaneously
in any combination, the applicable standard shall be
determined by proration using the following formula:
y(1.4) + 2(2.2)
where:
y is the percentage of total heat input derived
from liquid fossil fuel, and
z is the percentage of total heat input derived
from solid fossil fuel.
(c) Compliance shall be based on the total heat input
from all fossil fuels burned, including gaseous
fuels.
(5) Standard for Nitrogen Oxides
(a) On and after the date on which the performance
test required to be conducted by subsection 12.107
is completed, no owner or operator subject to the
provisions of this subsection shall cause to be
discharged into the atmosphere from any affected
facility any gases which contain nitrogen oxides,
expressed as N0Ł in excess of:
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(i) 0.36 g per million cal heat input (0.20 Ib
per million BTU) derived from gaseous fossil
fuel.
(ii) 0.54 g per million cal heat input (0.30 Ib
per million BTU) derived from liquid fossil
fuel.
(iii) 1.26 g per million cal heat input (0.70lb
per million BTU) derived from solid fossil fuel
(except lignite).
(b) When different fossil fuels are burned simultaneously
in any combination, the applicable standard shall be
determined by proration. Compliance shall be de-
termined by using the following formula:
x(0.36) + y(0.54) + z(1.26)
x + y + z
where:
x is the percentage of total heat input derived
from gaseous fossil fuel.
y is the percentage of total heat input derived
from liquid fossil fuel, and
z is the percentage of total heat input derived
from solid fossil fuel (except lignite).
(6) Emission and Fuel Monitoring
(a) A continuous monitoring system for measuring the
opacity of emissions, except where gaseous fuel is
the only fuel burned, shall be installed, calibrated,
maintained, and operated by the owner or operator.
The continuous monitoring system shall be spanned
at 80 or 90 or 100 percent opacity.
(b) A continuous monitoring system for measuring sulfur
dioxide emissions, shall be installed, calibrated,
maintained, and operated by the owner or operator
except where gaseous fuel is the only fuel burned or
where low sulfur fuels are used to achieve compliance
with the standard under subsection 12.401(4) and
(b)(ii) of this division are conducted. The following
procedures shall be used for monitoring sulfur dioxide
emissions:
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(i) For affected facilities which use continuous
monitoring systems, Reference Method 6 shall
be used for conducting monitoring system
performance evaluations under subsection
12.111(3). The pollutant gas used to prepare
calibration gas mixtures under paragraph 2.1,
Performance Specification 2 and for calibration
checks under subsection 12.111(4) to this reg-
ulation, shall be sulfur dioxide (S02), The
span value for the continuous monitoring system
shall be determined as follows:
((a)) For affected facilities firing liquid
fossil fuel the span value shall be 1000
ppm sulfur dioxide.
((b)) For affected facilities firing solid
fossil fuel the span value shall be
1500 ppm sulfur dioxide.
((c)) For affected facilities firing fossil
fuels in any combination, the span value
shall be determined by computation in
accordance with the following formula
and rounding to the nearest 500 ppm
sulfur dioxide:
lOOOy + 1500Z
where:
y = the fraction of total heat input
derived from liquid fossil fuel, and
z = the fraction of total heat input
derived from solid fossil fuel.
((d)) For affected facilities which fire both
fossil fuels and non-fossil fuels, the
span value shall be subject to the
Department's approval.
(ii) (Reserved)
(iii) For affected facilities using flue gas
desulfurization systems to achieve compliance
with sulfur dioxide standards under subsection
12.401(4), the continuous monitoring system
for measuring sulfur dioxide emissions shall
be located downstream of the desulfurization
system and in accordance with requirements in
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Performance Specification 2 of Appendix B
and the following:
((a)) Owners or operators shall install CO2
continuous monitoring systems, if
selected under subdivision (d) of this
division, at a location upstream of the
desulfurization system. This option
may be used only if the owner or opera-
tor can demonstrate that air is not
added to the flue gas between the C02
continuous monitoring system and each
system measures the C02 and S02 on a
dry basis.
((b)) Owners or operators who install 02
continuous monitoring systems under sub-
division (d) of this division shall
select a location downstream of the de-
sulfurization system and all measurements
shall be made on a dry basis.
((c)) If fuel of a different type than is used
in the boiler is fired directly into the
flue gas for any purpose (e.g. reheating)
the F or Fc factors used shall be prorated
under subdivision (f)(vi) of this division
with consideration given to the fraction
of total heat input supplied by the
additional fuel. The pollutant, opacity,
C02, or 02 continuous monitoring system(s)
shall be installed downstream of any
location at which fuel is fired directly
into the flue gas.
(c) A continuous monitoring system for the measurement
of nitrogen oxides emissions shall be installed,
calibrated, maintained, and operated by the owner
or operator except for any affected facility demon-
strated during performance tests under subsection
12.107 to emit nitrogen oxides pollutants at levels
30 percent or more below applicable standards under
subsection 12.401(5) of this regulation. The
following procedures shall be used for determining
the span and for calibrating nitrogen oxides con-
tinuous monitoring systems:
(i) The span value shall be determined as follows:
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((a)) For affected facilities firing gaseous
fossil fuel the span value shall be
500 ppm nitrogen oxides,
(Cb)) For affected facilities firing liquid
fossil fuel the span value shall be
500 ppm nitrogen oxides,
((c)) For affected facilities firing solid
fossil fuel the span value shall be 1000
ppm nitrogen oxides.
((d)) For affected facilities firing fossil
fuels in any combination, the span value
shall be determined by computation in
accordance with the following formula
and rounding to the nearest 500 ppm
nitrogen oxides:
500(x + y) + lOOOz
where:
x = the fraction of total heat input
derived from gaseous fossil fuel,
y = the fraction of total heat input
derived from liquid fossil fuel, and
z = the fraction of total heat input
derived from solid fossil fuel.
((e)) For affected facilities which fire both
fossil fuels and non-fossil fuels, the
span value shall be subject to the
Department's approval.
(ii) The pollutant gas used to prepare calibration
gas mixtures under paragraph 2.1, Performance
Specification 2 and for calibration checks
under subsection 12.111(4) to this regulation,
shall be nitric oxide (NO). Reference Method 7
shall be used for conducting monitoring system
performance evaluations under subsection
12.111(3).
(d) A continuous monitoring system for measuring either
oxygen or carbon dioxide in the flue gases shall be
installed, calibrated, maintained, and operated by
the owner or operator.
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(e) An owner or operator required to install continuous
monitoring systems under subdivisions (b) and (c)
of this division shall for each pollutant monitored
use the applicable conversion procedure for the
purpose of converting continuous monitoring data
into units of the applicable standards (g/million
cal, Ib/million BTU) as follows:
(i) When the owner or operator elects under sub-
division (d) of this division to measure
oxygen in the flue gases, the measurement of
the pollutant concentration and oxygen concentra-
tion shall each be on a dry basis and the
following conversion procedure shall be used.
20.9
E " CF (i:0.9-%02^
where:
E, C, F and %0o» are determined under sub-
division (f) of this division.
(ii) When the owner or operator elects under sub-
division (d) of this division to measure carbon
dioxide in the flue gases, the measurement of
the pollutant concentration and the carbon
dioxide concentration shall be on a consistent
basis (wet or dry) and the following conversion
procedure shall be used:
where :
E, C, Fc, and %CO? are determined under sub-
division (f) of this division.
(f) The values used in the equations under subdivision
(e)(i) and (ii) of this division are derived as
follows:
(i) E = pollutant emission, g/million cal (lb/
million BTU).
(ii) C = pollutant concentration, g/dscm (Ib/dscf),
determined by multiplying the average concentra
tion (ppm) for each one-hour period by 4.15 x
10'5 N g/dscm per ppm (2.59 x 10-9 M Ib/dscf
per ppm) where M = pollutant molecular weight,
g/g-mole (Ib/lb-mole). M = 64.07 for sulfur
dioxide and 46.01 for nitrogen oxides,
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(iii) %02, %C$2= oxygen or carbon dioxide volume
(expressed as percent), determined with equip-
ment specified under subdivision (d) of this
division.
(iv) F, Fc = a factor representing a ratio of the
volume of dry flue gases generated to the
calorific value of the fuel combusted (F)
and a factor representing a ratio of the
volume of carbon dioxide generated to the
calorific value of the fuel combusted (Fc),
respectively. Values of F and Fc are given as
follows:
((a)) For anthracite coal as classified
according to A.S.T.M. D388-66, F = 1.139
dscm/million cal (10140 dscf/million BTU)
and Fc = 0.222 scm C02/million cal (1980
scf C02/million BTU).
((b)) For sub-bituminous and bituminous coal
as classified according to A.S.T.M. D388-66,
F = 1.103 dscm/million cal (9820 dscf/
million BTU) and Fc = 0.203 son C02/
million cal (1810 scf COz/million BTU).
((c)) For liquid fossil fuels including crude,
residual, and distillate oils, F = 1.036
dscm/million cal (9220 dscf/mi 11 ion BTU)
and Fc = 0.161 scm C02/million cal (1430
scf C02/million BTU).
((d)) For gaseous fossil fuels, F = 0.982 dscm/
million cal (8740 dscf/mi 11 ion BTU).
For natural gas, propane, and butane
fuels, Fc = 0.117 scm C02/million cal
(1040 scf C02/million BTU) for natural
gas, 0.135 scm COz/million BTU) for pro-
pane, and 0.142 scm C02/million cal
(1260 scf C02/million BTU) for butane.
(v) The owner or operator may use the following
equation to determine an F factor (dscm/million
cal, or dscf/million BTU) on a dry basis (if
it is desired to calculate F on a wet basis,
consult with the Department) of Fc factor (scm
C02/million cal, or scf COg/million BTU) on
either basis in lieu of the F or Fc factors
specified in subdivision (f)(iv) of this
division:
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F = (227.0%H + 95.7%C + 35.4%S + 8.6XN 28.5%0
GCV (metric units
F = 106 (3.64%H + 1.53%C + 0.57%S + 0.14%N 0.46%0)
GCV (English Units)
Fc= 20.0%C
GCV (metric units)
Fc= 321 x 103%C
GVC (English units)
((a)) H,C,S,N, and 0 are content by weight
of hydrogen, carbon, sulfur, nitrogen,
and oxygen (expressed as percent),
respectively, as determined on the same
basis as GCV by ultimate analysis of the
fuel fired, using A.S.T.M. method
D3178-74 or D3176 (solid fuels), or
computed from results using A.S.T.M.
methods 01137-53(70), 01945-64(73), or
01946-67(72) (gaseous fuels) as
applicable.
((b)) GCV is the gross calorific value (cal/g,
BTU/lb) of the fuel combusted, determined
by the A.S.T.M. test methods 02015-66(72)
for solid fuels and 01826-64(70) for
gaseous fuels as applicable.
(vi) For affected facilities firing combinations of
fossil fuels, the F or Fc factors determined
by subdivision (f)(iv) or (v) of this division
shall be prorated in accordance with the applica
ble formula as follows:
((a)) F » xF! +yF2 + zF3
where :
x, y, z = the fraction of total heat
input derived from gaseous,
liquid, and solid fuel,
respectively.
FT, F2, F3 = the value of F for gaseous,
liquid, and solid fossil fuels,
respectively, under subdivision
(f)(iv) or (v) of this
division.
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((b)) Fc = ? Xi(Fc)i
1=1
where:
Xi = the fraction of total heat
input derived from each
type fuel (e.g., natural
gas, butane, crude, bitu-
minous coal, etc.).
(Fc)i = tne applicable Fc factor
for each fuel type determi-
nation in accordance with
subdivision (f)(iv) and
(v) of this division.
((c)) For affected facilities which fire both
fossil fuels and non-fossil fuels, the
F or Fc value shall be subject to the
Department's approval.
(g) For the purpose of reports required under sub-
section 12.106(3), periods of excess emissions that
shall be reported are defined as follows:
(i) (Reserved)
(ii) Sulfur dioxide. Excess emissions for affected
facilities are defined as:
((a)) Any three-hour period during which the
average emissions (arithmetic average
of three contigous one-hour periods) of
sulfur dioxide as measured by a con-
tinuous monitoring system exceed the
applicable standard under subsection
12.401(4).
((b)) (Reserved)
(iii) Nitrogen oxides. Excess emissions for affected
facilities using a continuous monitoring system
for measuring nitrogen oxides are defined as
any three-hour period during which the average
emissions (arithmetic average of three
contiguous one-hour periods) exceed the appli-
cable standards under subsection 12.401(5).
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(7) Test Methods and Procedures
(a) The reference methods in Appendix A of this
regulation, except as provided in subsection
12.107(2), shall be used to determine compliance
with the standards as prescribed in subsections
12.401(3), 12.401(4), and 12.401(5) as follows:
(i) Method 1 for selection of sampling site and
sample traverses.
(ii) Method 3 for gas analysis to be used when
applying Reference Methods 5, 6 and 7.
(iii) Method 5 for concentration of particulate
matter and the associated moisture content.
(iv) Method 6 for concentration of SO- and
(v) Method 7 for concentration of NO .
A
(b) For Method 5, Method 1 shall be used to select the
sampling site and the number of traverse sampling
points. The sampling time for each run shall be
at least 60 minutes and the minimum sampling volume
shall be 0.85 dscm (30 dscf) except that smaller
sampling times or volumes, when necessitated by pro-
cess variables or other factors, may be approved by
the Department. The probe and filter holder heating
systems in the sampling train shall be set to provide,
a gas temperature no greater than 160 C (320f).
(c) For Methods 6 and 7, the sampling site shall be
the same as that selected for Method 5. The
sampling point in the duct shall be at the centroid
of the cross section or at a point no closer to
the walls than 1 m(3.28 ft). For Method 6, the
sample shall be extracted at a rate proportional
to the gas velocity at the sampling point.
(d) For Method 6, the minimum sampling time shall be
20 minutes and the minimum sampling volume 0.02
dscm (0.71 dscf) for each sample. The arithmetic
mean of two samples shall consitute one run.
Samples shall be taken at approximately 30-mlnute
intervals.
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(e) For Method 7, each run shall consist of at least
four grab samples taken at approximately IB-minute
intervals. The arithmetic mean of the samples
shall constitute the run value.
(f) For each run using the methods specified by sub-
divisions (a)(iii), (iv), and (v) of this division,
the emissions expressed in g/million cal (Ib/million
BTU) shall be determined by the following procedures:
20'9
where :
(i) E = pollutant emission g/million cal (lb/
million BTU).
(ii) C = pollutant concentration, g/dscm (Ib/dscf),
determined by Methods 5, 6, or 7.
(iii) %0g = oxygen content by volume (expressed as
percent), dry basis. Percent oxygen shall
be determined by using the integrated or
grab sampling and analysis procedures of
Method 3 as applicable. The sample shall
be obtained as follows:
((a)) For determination of sulfur dioxide and
nitrogen oxides emissions, the oxygen
sample shall be obtained simultaneously
at the same point in the duct as used to
obtain the samples for Methods 6 and 7
determinations, respectively subsection
12.401(7)(c). For Method 7, the oxygen
sample shall be obtained using the grab
sampling and analysis procedures of
Method 3.
((b)) For determination of particulate emissions,
the oxygen sample shall be obtained
simultaneously by traversing the duct at
the same sampling location used for each
run of Method 5 under subdivision (b)
of this division. Method 1 shall be used
for selection of the number of traverse
points except that no more than 12 sample
points are required.
(iv) F=a factor as determined in subdivision (f)
(iv), (v) or (vi) of subsection 12.401(6).
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(g) When combinations of fossil fuels are fired, the
heat input, expressed in cal/hr (BTU/hr), shall
be determined during each testing period by
multiplying the gross calorific value of each fuel
fired by the rate of each fuel burned. Gross
calorific value shall be determined in accordance
with A.S.T.M. methods 02015-66(72) (solid fuels),
0240-64(73) (liquid fuels), or 01826-64(70)
(gaseous fuels) as applicable. The rate of fuels
burned during each testing period shall be determined
by suitable methods and shall be confirmed by a
material balance over the steam generation system.
(51.9) 12.402 Standards of Performance for Incinerators
(1) Applicability and Designation of Affected Facility
The provisions of this subsection are applicable to each
incinerator of more than 45 metric tons per day charging
rate (50 tons/day), which is the affected facility.
(2) Definitions
As used in this subsection, all terms not defined herein
shall have the meaning given them in the Act and in
subsection 12.102 of this regulation.
(a) "Incinerator" means any furnace used in the process
of burning solid waste for the purpose of reducing
the volume of the waste by removing combustible
matter.
(b) "Solid waste" means refuse, more than 50 percent
of which is municipal type waste consisting of a
mixture of paper, wood, yard wastes, food wastes,
plastics, leather, rubber, and other combustibles,
and non-combustible materials such as glass and
rock.
(c) "Day" means 24 hours.
(3) Standard for Particulate Matter
On and after the date on which the performance test
required to be conducted by subsection 12.107 is
completed, no owner or operator subject to the pro-
visions of this subsection shall cause to be discharged
into the atmosphere from any affected facility any gases
which contain particulate matter in excess of 0.18 g/dscm
(0.08 gr/dscf) corrected to 12 percent C02-
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(4) Monitoring of Operations
The owner or operator of any incinerator subject to the
provisions of this subsection shall record the daily
charging rates and hours of operation.
(5) Test Methods and Procedures
(a) The reference methods in Appendix A to this regula-
tion, except as provided for in subsection 12.107(2),
shall be used to determine compliance with the
standard prescribed in division (3) of this sub-
section as follows:
(i) Method 5 for the concentration of particulate
matter and the associated moisture content;
(ii) Method 1 for sample and velocity traverses;
(iii) Method 2 for velocity and volumetric flow
rate; and
(iv) Method 3 for gas analysis and calculation of
excess air, using the integrated sample
technique.
(b) For Method 5, the sampling time for each run shall
be at least 60 minutes and the minimum sample volume
shall be 0.85 dscm (30.0 dscf) except that smaller
sampling times or sample volumes, when necessitated
by process variables or other factors, may be approved
by the Department.
(c) If a wet scrubber is used, the gas analysis sample
shall reflect flue gas conditions after the scrubber,
allowing for carbon dioxide absorption by sampling
the gas on the scrubber inlet and outlet sides
according to either the procedure under subdivisions
(c)(i) through (c)(v) of this division or the pro-
cedure under subdivisions (c)(i), (c)(ii) and (c)(vi)
of this subdivision as follows:
(i) The outlet sampling site shall be the same
as for the particulate matter measurement.
The inlet site shall be selected according to
Method 1, or as specified by the Department.
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(ii) Randomly select 9 sampling points within the
cross-section at both the inlet and outlet
sampling sites. Use the first set of three
for the first run, the second set for the
second run, and the third set for the third
run.
(iii) Simultaneously with each particulate matter
run, extract and analyze for C02 an integrated
gas sample according to Method 3, traversing
the three sample points and sampling at each
point for equal increments of time. Runs shall
be conducted at both inlet and outlet sampling
sites.
(iv) Measure the volumetric flow rate at the inlet
during each particulate matter run according
to Method 2, using the full number of traverse
points. For the inlet make two full velocity
traverses approximately one hour apart during
each run and average the results. The outlet
volumetric flow rate may be determined from the
particulate matter run (Method 5).
(v) Calculate the adjusted C02 percentage using the
following equation:
(% C02) adj = (% C02) di (Qdi/Qdo)
where:
(% C02)adj is the adjusted C02 percentage which
removes the effect of C02 absorption
and dilution air,
(% C02)di is the percentage of C02, measured
before the scrubber, dry basis,
is the volumetric flow rate before
the scrubber, average of two runs,
dscf/min (using Method 2), and
is the volumetric flow rate after
the scrubber, dscf/min (using Methods
2 and 5).
(vi) Alternatively, the following procedures may be
substituted for the procedures under subdivisions
(c)(ivl)t (iv), and (v) of this division.
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((a)) Simultaneously with each particulate
matter run, extract and analyze for
C02» 02, and NŁ an integrated gas sample
according to Method 3, traversing the
three sample points and sampling for
equal increments of time at each point.
Conduct the runs at both the inlet and
outlet sampling sites.
((b)) After completing the analysis of the gas
sample, calculate the percentage of excess
air (% EA) for both the inlet and outlet
sampling sites using equation 3-1 in
Appendix A to this regulation.
((c)) Calculate the adjusted C02 percentage
using the following equation:
(% C02)adj = (% C02) di
2 2
100-K5 EA) o
where :
(% C02)adj is the adjusted outlet C02
percentage,
(% C02)c|i is the percentage of
measured before the scrubber,
dry basis,
(% EA)-j is the percentage of excess
air at the inlet, and
(% EA)0 is the percentage of excess
air at the outlet.
((d)) Particulate matter emissions, expressed
in g/dscm, shall be corrected to 12
percent C02 by using the following
formula:
where:
1S the concentration of par-
ticulate matter corrected to
12 percent
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c is the concentration of
particulate matter as
measured by Method 5,
% C02 is the percentage of C02
as measured by Method 3, or
when applicable, the adjusted
outlet C02 percentage as
determined by subdivision (c)
of this division.
(51.3) 12.403 Standards of Performance for Portland Cement Plants
(1) Applicability and Designation of Affected Facility
The provisions of this subsection are applicable to the
following affected facilities in portland cement plants:
kiln, clinker cooler, raw mill system, finish mill system,
raw mill dryer, raw material storage, clinker storage,
conveyor transfer points, bagging and bulk loading and
unloading systems.
(2) Definitions
As used in this subsection, all terms not defined herein
shall have the meaning given them in the Act and in
subsection 12.102 of this regulation.
(a) "Portland cement plant" means any facility manu-
facturing portland cement by either the wet or dry
process.
(3) Standard for Particulate Matter
(a) On and after the date on which the performance test
required to be conducted by subsection 12.107 is
completed, no owner or operator subject to the
provisions of this subsection shall cause to be
discharged into the atmosphere from any kiln any
gases which:
(i) Contain particulate matter in excess of 0.15
: kg per metric ton of feed (dry basis) to the
kiln (0.30 lb per ton).
(ii) Exhibit greater than 10 percent opacity.
(b) On and after the date on which the performance test
required to be conducted hy subsection 12.107 is
completed, no owner or operator subject to the
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provisions of this subsection shall cause to be
discharged into the atmosphere from any clinker
cooler any gases which:
(i) Contain particulate matter in excess of 0.050
kg per metric ton of feed (dry basis) to the
kiln (0.10 Ib per ton).
(ii) Exhibit 10 percent opacity, or greater.
(c) On and after the date on which the performance test
required to be conducted by subsection 12.107 is
completed, no owner or operator subject to the pro-
visions of this subsection shall cause to be dis-
charged into the atmosphere from any affected facility,
other than the kiln and clinker cooler, any gases
which exhibit 10 percent opacity or greater.
(4) Monitoring of Operations
(a) The owner or operator of any Portland cement plant
subject to the provisions of this subsection shall
record the daily production rates and kiln feed rates.
(5) Test Methods and Procedures
(a) The reference methods in Appendix A to this regulation,
except as provided for in subsection 12.107(2), shall
be used to determine compliance with the standards
prescribed in division (3) of this section subsection
as follows:
(i) Method 5 for the concentration of particulate
matter and the associated moisture content;
(ii) Method 1 for sample and velocity traverses;
(iii) Method 2 for velocity and volumetric flow rate;
and
(iv) Method 3 for gas analysis.
(b) For Method 5, the minimum sampling time and minimum
sample volume for each run, except when process
variables or other factors justify otherwise to the
satisfaction of the Department shall be as follows:
(i) 60 minutes and ,0.85 dscm (30.0 dscf) for the
kiln.
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(ii) 60 minutes and 1.15 dscm (40.6 dscf) for
the clinker cooler.
(c) Total kiln feed rate (except fuels), expressed in
metric tons per hour on a dry basis, shall be
determined during each testing period by suitable
methods; and shall be confirmed by a material
balance over the production system.
(d) For each run, participate matter emissions, expressed
in g/metric ton of kiln feed, shall be determined
by dividing the emission rate in g/hr by the kiln
feed rate. The emission rate shall be determined
by the equation, g/hr = Qcxc, where Q = volumetric
flow rate of the total effluent in dscm/hr as
determined in accordance with subdivision (a)(iii)
of this division and c = particulate concentration
in g/dscm as determined in accordance with sub-
divisions (a) and (c) of this division.
12.404 Standards of Performance for Nitric Acid Plants
(1) Applicability and Designation of Affected Facility
The provisions of this subsection are applicable to each
nitric acid production unit, which is the affected
facility.
(2) Definitions
As used in this subsection, all terms not defined herein
shall have the meaning given them in the Act and in
Section 12.102 of this regulation.
(a) "Nitric acid production unit" means any facility
producing weak nitric acid by either the pressure
or atmosphere pressure process.
(b) "Weak nitric acid" means acid which is 30 to 70
percent in strength.
(3) Standard for Nitrogen Oxides
(a) On and after the date on which the performance test
required to be conducted by subsection 12.107 is
completed, no owner or operator subject to the
provisions of this subsection shall cause to be
discharged into the atmosphere from any affected
facility any gases which:
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(i) Contain nitrogen oxides, expressed as NO?,
in excess of 1.5 kg per metric ton of acid
produced (3.0 Ib per ton), the production
being expressed as TOO percent nitric acid.
(ii) Exhibit 10 percent opacity, or greater.
(4) Emission Monitoring
(a) A continuous monitoring system for the measurement
of nitrogen oxides shall be installed, calibrated,
maintained, and operated by the owner or operator.
The pollutant gas used to prepare calibration gas
mixtures under paragraph 2.1, Performance Specifica-
tion 2 and for calibration checks under subsection
12.111(4) to this regulation, shall be nitrogen
dioxide (N02). The span shall be set at 500 ppm of
nitrogen dioxide. Reference Method 7 shall be used
for conducting monitoring system performance evalua-
tions under 12.111(3).
(b) The owner or operator shall establish a conversion
factor for the purpose of converting monitoring data
into units of the applicable standard (kg/metric ton,
Ib/short ton). The conversion factor shall be
established by measuring emissions with the continuous
monitoring system concurrent with measuring emissions
with the applicable reference method tests. Using
only that portion of the continuous monitoring emission
data that represents emission measurements concurrent
with the reference method test periods, the conversion
factor shall be determined by dividing the reference
method test data averages by the monitoring data
averages to obtain a ratio expressed in units of the
applicable standard to units of the monitoring data,
i.e., kg/metric ton per ppm (Ib/short ton per ppm).
The conversion factor shall be re-established during
any performance test under subsection 12.107 or any
continuous monitoring system performance evaluation
under subsection 12.111(3).
(c) The owner or operator shall record the daily pro-
duction rate and hour of operation.
(d) (Reserved)
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(e) For the purpose of reports required under sub-
section 12.106(3), periods of excess emissions that
shall be reported are defined as any three-hour
period during which the average nitrogen oxides
emissions (arithmetic average of three contiguous
one-hour periods) as measured by a continuous
monitoring system exceed the standard under sub-
section 12.404(3)(a).
(5) Test Methods and Procedures
(a) The reference methods in Appendix A to this regula-
tion, except as provided for in subsection 12.107(2),
shall be used to determine compliance with the
standard prescribed in division (3) of this subsection
as fol1ows:
(i) Method 7 for the concentration of NOX;
(ii) Method 1 for sample and velocity traverses;
(iii) Method 2 for velocity and volumetric flow rate;
and
(iv) Method 3 for gas analysis.
(b) For Method 7, the sample site shall be selected
according to Method 1 and the sampling point shall
be the centroid of the stack or duct or at a point
no closer to the walls than 1 m (3.28 ft). Each ••• .
run shall consist of at least four grab samples
taken at approximately 15-minute intervals. The
arithmetic mean of the samples shall constitute
the run value. A velocity traverse shall be performed
once per run.
(e) Acid production rate, expressed in metric tons per
hour of 100 percent nitric acid, shall be determined
during each testing period by suitable methods and
shall be confirmed by a material balance over the
production system.
(d) For each run, nitrogen oxides, expressed in g/metric
ton of 100 percent nitric acid, shall be determined
by dividing the emission rate in g/hr by the acid
production rate. The emission rate shall be
determined by the equation,
g/hr = Qsxc
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where:
Qs = volumetric flow rate of the effluent in dscm/
hr, as determined in accordance with subdivision
(aj(iii) of this division and c = NOx concentra-
tion in g/dscm, as determined in accordance
with subdivision (a)(i) of this division.
'51.18) 12.405 Standards of Performance for Sulfuric Acid Plants
(1) Applicability and Designation of Affected Facility
The provisions of this subsection are applicable to each
sulfuric acid production unit, which is the affected
facility.
(2) Definitions
As used in this subsection, all terms not defined herein
shall have the meaning given them in the Act and in sub-
section 12.102 of this regulation.
(a) "Sulfuric acid production unit" means any facility
producing sulfuric acid by the contact process by
burning elemental sulfur, alkylation acid, hydrogen
sulfide, organic sulfides and mercaptans, or acid
sludge, but does not include facilities where con-
version to sulfuric acid is utilized primarily as a
means of preventing emissions to the atmosphere of
sulfur dioxide or other sulfur compounds.
(b) "Acid mist" means sulfuric acid mist, as measured by
Method 8 of Appendix A to this regulation or an
equivalent or alternative method.
(3) Standard for Sulfur Dioxide
(a) On and after the date on which the performance test
required to be conducted by subsection 12.107 is
completed, no owner or operator subject to the pro-
visions of this subsection shall cause to be
discharged into the atmosphere from any affected
facility any gases which contain sulfur dioxide in
excess of 2 kg per metric ton of acid produced (4
Ib per ton), the production being expressed as 100
percentage
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(4) Standard for Acid Mist
(a) On and after the date on which the performance test
required to be conducted by subsection 12.107 is
completed, no owner or operator subject to the
provisions of this subsection shall cause to be
discharged into the atmosphere from any affected
facility any gases which:
(i) Contain acid mist, expressed as HoS04, ™ excess
of 0.075 kg per metric ton of acid produced
(0.15 Ib per ton), the production being expressed
as 100 percent
(ii) Exhibit 10 percent opacity, or greater.
(5) Emission Monitoring
(a) A continuous monitoring system for the measurement
of sulfur dioxide shall be installed, calibrated,
maintained, and operated by the owner or operator.
The pollutant gas used to prepare calibration gas
mixtures under paragraph 2.1, Performance Specifica-
tion 2 and for calibration checks under subsection
12.111(4) except that only the sulfur dioxide (SOe)-
Reference Method 8 shall be used for conducting
monitoring system performance evaluations under
subsection (12.111(3) except that only the sulfur
dioxide portion of the, Method 8 results shall be
used. The span shall be set at 1000 ppm of sulfur
dioxide.
(b) The owner or operator shall establish a conversion
factor for the purpose of converting monitoring
data into units of the applicable standard (kg/
metric ton, Ib/short ton). The conversion factor
shall be determined, as a minimum, three times daily
by measuring the converter using suitable methods
(e.g., the Reich test, National Air Pollution Control
Administration Publication No. 999AP-13 and calcula-
ting the appropriate conversion factor for each
eight-hour period as follows:
rc „ 1.000 -. O.OISr
CF = K - p— 1 -
where :
CF = conversion factor (kg/metric ton per ppm, Ib/
short ton per ppm) .
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k - Constant derived from material balance. For
determining CF in metric units, k = 0.0653.
For determining CF in English units, k = 0.1306.
r = percentage of sulfur dioxide by volume entering
the gas converter. Appropriate corrections
must be made for air injection plants subject
to the Department's approval.
s = percentage of sulfur dioxide by volume in the
emissions to the atmosphere determined by the
continuous monitoring system required under
subdivision (a) of this division.
(c) The owner or operator shall record all conversion
factors and values under subdivision (b) of this
division from which they were computed (i.e., CF,
r, and s).
(d) (Reserved)
(e) For the purpose of reports under subsection 12.106(3),
periods of excess emissions shall be all three-hour
periods (or the arithmetic average of three consecu-
tive one-hour periods) during which the integrated
average sulfur dioxide emissions exceed the applicable
standards under subsection 12.405(3).
(6) Test Methods and Procedures
(a) The reference methods in Appendix A to this regula-
tion, except as provided for in subsection 12.107(2)»
shall be used to determine compliance with the
standards prescribed in divisions (3) and (4) of
this subsection as follows:
(i) Method 8 for the concentrations of S02 and
acid mist;
(ii) Method 1 for sample and velocity traverses:
(iii) Method 2 for velocity and volumetric flow rate;
and
(iv) Method 3 for gas analysis.
(b) The moisture content can be considered to be zero.
For Method 8 the sampling time for each run shall
be at least 60 minutes and the minimum sample
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volume shall be 1.15 dscm (40.6 dscf) except that
smaller sampling times or sample volumes, when
necessitated by process variables or other factors,
may be approved by the Department.
(c) Acid production rate, expressed in metric tons per
hour of 100 percent ^$04, shall be determined
during each testing period by suitable methods and
shall be confirmed by a material balance over the
production system.
(d) Acid mist and sulfur dioxide emissions, expressed in
g/metric ton of 100 percent H2S04, shall be determined
by dividing the emission rate in g/hr by the acid
production rate. The emission rate shall be determined
by the equation, g/hr = Qsxc, where Qs = volumetric
flow rate of the effluent in dscm/hr as determined
in accordance with subdivision (a)(iii) of this
division and c = acid mist and S02 concentrations
in g/dscm as determined in accordance with subdivision
(a)(i) of this division.
(51.8) 12.406 Standards of Performance for Asphalt Concrete Plants
(1) Applicability and Designation of Affected Facility
The affected facility to which the provisions of this
•subsection apply is each asphalt concrete plant. For
the purpose of this subsection, an asphalt concrete plant
is comprised only of any combination of the following:
Dryers; systems for screening, handling, storing, and
weighing hot aggregate; systems for loading, transferring,
and storing mineral filler; systems for mixing asphalt
concrete; and the loading, transfer, and storage systems
associated with emission control systems.
(2) Definitions
As used in this subsection, all terms not defined herein
shall have the meaning given them in the Act and in sub-
section 12.102 of this regulation.
(a) "Asphalt concrete plant" means any facility, as
described in division (1) of this subsection, used
to manufacture asphalt concrete by heating and
drying aggregate and mixing with asphalt cements.
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(3) Standard for Particulate Matter
(a) On and after the date on which the performance test
required to be conducted by subsection 12.107 is
completed, no owner or operator subject to the pro-
visions of this subsection shall discharge or cause
the discharge into the atmosphere from any affected
facility any gases which:
(i) Contain particulate matter in excess of 90
mq/dscm (0104 qr/dscf).
(ii) Exhibit 20 percent opacity, or greater.
(4) Test Methods and Procedures
(a) The reference methods appended to this regulation,
except as provided for in subsection 12.107(2),
shall be used to determine compliance with the
standards prescribed in division (3) of this sub-
section as follows:
(i) Method 5 for the concentration of particulate
matter and the associated moisture content.
(ii) Method 1 for sample and velocity traverses,
(iii) Method 2 for velocity and volumetric flow rate,
and
(iv) Method 3 for gas analysis.
(b) For Method 5, the sampling time for each run shall
be at least 60 minutes and the sampling rate shall
be at least 0.9 dscm/hr (0.53 dscf/min) except that
shorter sampling times, when necessitated by process
variables or other factors, may be approved by the
Department.
(51.15) 12.407 Standards of Performance for Petroleum Refineries
(1) Applicability and Designation of Affected Facility
The provisions of this subsection are applicable to the
following affected facilities in petroleum refineries:
Fluid catalytic cracking unit catalyst regenerators,
fluid catalytic cracking unit incinerator-waste heat
boilers, and fuel gas combustion devices.
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(2) Definitions
As used in this subsection, all terms not defined herein
shall have the meaning given them in the Act and in sub-
section 12.102:
(a) "Petroleum refinery" means any facility engaged in
producing gasoline, kerosene, distillate fuel oils,
residual fuel oils, lubricants, or other products
through .distillation of petroleum or through re-
distillation, cracking or reforming of unfinished
petroleum derivatives.
(b) "Petroleum" means the crude oil removed from the
earth and the oils derived from tar sands, shale, and
coal.
(c) "Process gas" means any gas generated by a petroleum
refinery process unit, except fuel gas and process
upset gas as defined in this section.
(d) "Fuel gas" means any gas which is generated by a
petroleum refinery process unit and which is combusted,
including any gaseous mixture of natural gas and fuel
gas which is combusted.
(e) "Process upset gas" means any gas generated by a
petroleum refinery process unit as a result of start-
up, shut-down, upset or malfunction.
(f) "Refinery process unit" means any segment of the
petroleum refinery in which a specific processing
operation is conducted.
(g) "Fuel gas combustion device" means any equipment,
such as process heaters, boilers and flares used to
combust fuel gas, but does not include fluid coking
unit and fluid catalytic cracking unit incinerator-
waste heat boilers or facilities in which gases
are combusted to produce sulfur or sulfuric acid.
(h) "Coke burn-off" means the coke removed from the
surface of the fluid catalytic cracking unit catalyst
by combustion in the catalyst regenerator. The rate
of coke burn-off is calculated by the formula speci-
fied in division (7) of this subsection.
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(3) Standard for Particulate Matter
(a) On and after the date on which the performance
test required to be conducted by subsection 12.107
is completed, no owner or operator subject to the
provisions of this subsection shall discharge or
cause the discharge into the atmosphere from any
fluid catalytic cracking unit catalyst regenerator
or from any fluid catalytic cracking unit incinerator-
waste heat boiler:
(i) Particulate matter in excess of 1.0 kg/1000 kg
(1.0 lb/1000 Ib) of coke burn-off in the
catalyst regenerator.
(ii) Gases exhibiting 30 percent opacity or greater,
except for 3 minutes in any 1 hour.
(b) In those instances in which auxiliary liquid or
solid fossil fuels are burned in the fluid catalytic
cracking unit incinerator-waste heat boiler, particu-
late matter in excess of that permitted by subdivision
(a)(i) of this division may be emitted to the atmos-
phere, except that the incremental rate of particulate
emissions shall not exceed 0.18 g/million cal (0.10
Ib/million BTU) of heat input attributable to such
liquid or solid fuel.
(4) Standard for Carbon Monoxide
(a) On and after the date on which the performance test
required to be conducted by subsection 12.107 is
completed, no owner or operator subject to the pro-
visions of this subsection shall discharge or cause
the discharge into the atmosphere from the fluid
catalytic cracking unit catalyst regenerator any
gases which contain carbon monoxide in excess of
0.050 percent by volume.
(5) Standard for Sulfur Dioxide
(a) On and after the date on which the performance test
required to be conducted by subsection 12.107 is
completed, no owner or operator subject to the pro-
visions of this subsection shall burn in any fuel
gas combustion device any fuel gas which contains
H2S in excess of 230 mg/dscm (0.10 gr/dscf), except
as provided in subdivision (b) of this division.
The combustion of process upset gas in a flare of
process gas or fuel gas which is released to the
flare as a result of relief valve leakage, is exempt
from this subdivision.
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(b) The owner or operator may elect to treat the gases
resulting from the combustion of fuel gas in a
manner which limits the release of S02 to the atmos-
phere if it is shown to the satisfaction of the
Department that this prevents S02 emissions as effec-
tively as compliance with the requirements of sub-
division (a) of this division.
(6) Emission Monitoring
(a) Continuous monitoring systems shall be installed,
calibrated, maintained, and operated by the owner or
operator as follows:
(i) A continuous monitoring system for the measure-
ment of the opacity of emissions discharged into
the atmosphere from the fluid catalytic cracking
unit catalyst regenerator. The continuous
monitoring system shall be spanned at 60, 70,
or 80 percent opacity.
(ii) (Reserved)
(iii) A continuous monitoring system for the measure-
ment of sulfur dioxide in the gases discharged
into the atmosphere from the combustion of fuel
gases (except where a continuous monitoring
system for the measurement of hydrogen sulfide is
installed under subdivision (a)(iv) of this
division. The pollutant gas used to prepare
calibration gas mixtures under paragraph 2.1,
Performance Specification 2 and for calibration
gas mixtures under paragraph 2.1, Performance
Specification 2 and for calibration checks under
subsection 12.111(4) to this regulation, shall
be sulfur dioxide (SOz)- The span shall be set
at 100 ppm. For conducting monitoring system
performance evaluations under subsection 12.111
(3), Reference Method 6 shall be used.
(iv) (Reserved)
(b) (Reserved)
(c) The average coke burn-off rate (thousands of kilo-
gram/hr) and hours of operation for any fluid cata-
lytic cracking unit catalyst regenerator subject to
divisions (3) and (4) of this subsection shall be
recorded daily.
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(d) For any fluid catalytic cracking unit catalyst
regenerator which is subject to division (.3) of
this subsection and which utilizes an incinerator-
waste heat boiler to combust the exhaust gases from
the catalyst regenerator, the owner or operator
shall record daily the rate of combustion of liquid
or solid fossil fuels (liters/hr or kilograms/hr)
and the hours of operation during which liquid or
solid fossil fuels are combusted in the incinerator-
waste heat boiler.
(e) For the purpose of reports under subsection 12.106
(3) periods of excess emissions that shall be reported
are defined as follows:
(i) (Reserved)
(ii) (Reserved)
(iii) (Reserved)
(iv) Any six-hour period during which the average
emissions (arithmetic average of six contiguous
one-hour periods) of sulfur dioxide as measured
by a continuous monitoring system exceed the
standard under subsection 12.407(5).
(7) Test Methods and Procedures
(a) For the purpose of determining compliance with sub-
section 12.407(3)(a)(i), the following reference
methods and calculation procedures shall be used:
(i) For gases released to the atmosphere from the
fluid catalytic cracking unit catalyst re-
generator;
((a)) Method 5 for the concentration of
particulate matter and moisture
content,
((b)) Method 1 for sample and velocity
traverses, and
((c)) Method 2 for velocity and volumetric
flow rate.
(ii) For Method 5, the sampling time for each run
shall be at least 60 minutes and the sampling
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rate shall be at least 0.015 dscm/min (0.53
dscf/min), except that shorter sampling times
may be approved by the Department when process
variables or other factors preclude sampling
for at least 60 minutes.
(iii) For exhaust gases from the fluid catalytic
cracking unit catalyst regenerator prior to
the emission control system: the integrated
sample techniques of Method 3 and Method 4 for
gas analysis and moisture content, respectively;
Method 1 for velocity traverses; and Method 2
for velocity and volumetric flow rate.
(iv) Coke burn-off rate shall be determined by the
following formula:
Rc= 0.2982 Qre(%C02+%CO)+2.088 Qra-0-0994qre («CO+*C02+*02)
2
(Metric Units)
or
Rc= 0.0186 Qre(%C02+%CO)+0.1303 Qra~°'0062Qre (%CO+XC02+Xo2)
(English Units)
where:
R- = coke burn-off rate, kg/hr (English units: Ib/hr).
0.2982 = metric units material balance factor divided by 100,
kg-min/hr-m3.
0.0186 = English units material balance factor divided by 100,
lb-min/hr-ft3.
Qre = fluid catalytic cracking unit catalyst regenerator
exhaust gas flow rate before entering the emission
control system, as determined by Method 2, dscm/min
(English units: dscf/min).
%C02 = percent carbon dioxide by volume, dry basis, as determined
by Method 3.
%CO = percent carbon monoxide by volume, dry basis, as
determined by Method 3.
%Q2 = percent oxygen by volume, dry basis, as determined
by Method 3.
2.088 = metric units material balance factor divided by 100,
kg-min/hr-m3.
0.1303 = English units material balance factor divided by 100,
lb-min/hr-ft3.
Qra ~ air rate to fluid catalytic cracking unit catalyst re-
generator, as determined from fluid catalytic cracking
unit control room instrumentation dscm/min (English
units: dscf/min).
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0.0994 = metric units, material balance factor divided by 100,
kg-min/hr-m0.
0.0062 = English units material balance factor by 100, lb-min/
hr-ft3.
(v) Participate emissions shall be determined
by the following equation:
RE = (60xlO-6)qrvc3 (Metric Units)
RE = (8.57xlO-3)QrvC3 (English Units)
where:
RE = particulate emission rate, kg/hr
(English units: Ib/hr).
60x10~6 = metric units conversion factor, min-kg/
hr-mg.
8.57x10"^ = English units conversion factor, min-lb/
hr-gr.
Qrv = volumetric flow rate of gases discharged
into the atmosphere from the fluid catalytic
cracking unit catalyst regenerator follow-
ing the emission control system, as
determined by Method 2, dscm/min (English
units: dscf/min).
03 = particulate emission concentration dis-
charged into the atmosphere, as determined
by Method 5, mg/dscm (English units:
gr/dscf).
(vi) For each run, emissions expressed in kg
(English units: lb/1000 Ib) of coke burn-off
in the catalyst regenerator shall be determined
by the following equation:
Rs = lOOO^E (Metric or English Units)
Rc
where:
RS = particulate emission rate, kg/100 kg
(English units: lb/1000 Ib) of coke burn-
off in the fluid catalytic cracking unit
catalyst regenerator.
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1000 = conversion factor, kg to 1000 kg (English
units: Ib to 1000 Ib).
RŁ = particulate emission rate, kg/hr (English
units: Ib/hr).
Rr = coke burn-off rate, kg/hr (English units:
c Ib/hr).
(vii) In those instances in which auxiliary liquid
or solid fossil fuels are burned in an incinera-
tor-waste heat boiler, the rate of particulate
matter emissions permitted under division (3)(b)
of this subsection must be determined. Auxiliary
fuel heat input, expressed in millions of cal/hr
(English units: Millions of BTU/hr) shall be
calculated for each run by fuel flow rate
measurement and analysis of the liquid or solid
auxiliary fossil fuels. For each run, the rate
of particulate emissions permitted under division
(3)(b) of this subsection shall be calculated
from the following equation:
R = i.o+%!ŁH (Metric Units)
Rc
R = l.n+0.10 H (English Units)
Rc
where:
Rs = allowable particulate emission rate, kg/100
kg (English units: lb/1000 Ib) of coke-
burn-off in the fluid catalytic cracking
unit catalyst regenerator.
1.0 = emission standard, 1.0 kg/1000 kg (English
units: 1.0 lb/1000 Ib) of coke burn-off
in the fluid catalytic cracking unit
regenerator.
0.18 = Metric units maximum allowable incremental
rate of particulate emissions, g/million
cal.
0.10 = English units maximum allowable incremental
rate of particulate emissions, Ib/million
BTU.
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H = heat input from solid or liquid fossil
fuel, million cal/hr (English units:
million BTU/hr).
R = coke burn-off rate, kg/hr (English units:
c Ib/hr.
(b) For the purpose of determining compliance with
division (4) of this subsection, the integrated
sample technique of Method 10 shall be used. The
sample shall be extracted at a rate proportional
to the gas velocity at a sampling point near the
centroid of the duct. The sampling time shall not
be less than 60 minutes.
(c) For the purpose of determining compliance with
division (5)(a) of this subsection,. Method 11 shall
be used. When refinery fuel gas lines are operating
at pressures substantially above atmospheric, the
gases sampled must be introduced into the sampling
train at approximately atmospheric pressure. This
may be accomplished with a flow control valve. If
the line pressure is high enough to operate the
sampling train without a vacuum pump, the pump may
be eliminated from the sampling train. The sample
shall be drawn from a point near the centroid of
the fuel gas line. The minimum sampling time shall
be 10 minutes and the minimum sampling volume 0.01
dscm (0.35 dscf) for each sample. The arithmetic
average of two samples shall constitute one run.
Samples shall be taken at approximately 1-hour
intervals. For most fuel gases, sample times exceed-
ing 20 minutes may result in depletion of the
collecting solution, although fuel gases containing
low concentrations of hydrogen sulfide may necessi-
tate sampling for longer periods of time.
(d) Method 6 shall be used for determining concentration
of SOg in determining compliance with division (5)(b)
of this subsection except that H2S concentration
of the fuel gas may be determined instead. Method 1
shall be used for velocity traverses and Method 2
for determining velocity and volumetric flow rate.
The sampling site for determining S02 concentration
by Method 6 shall be the same as for determining
volumetric flow rate by Method 2. The sampling
point in the duct for determining S02 concentration
by Method 6 shall be at the centroid of the cross 2
section if the cross sectional area is less than 5 m
(54 ft2) or at a point no closer to the walls than
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1m (39 inches) if the cross sectional area is 5 m
or more and the centroid is more than one meter
from the wall. The sample shall be extracted at
a rate proportional to the gas velocity at the
sampling point. The minimum sampling time shall
be 10 minutes and the minimum sampling volume 0.01
dscm (0.35 dscf) for each sample. The arithmetic
average of two samples shall constitute on run.
Samples shall be taken at approximately 1-hour
intervals.
(51.16) 12.408 Standards of Performance for Storage Vessels for Petroleum
Liquids
(1) Applicability and Designation of Affected Facility
(a) Except as provided in division (l)(b) of this
subsection, the affected facility to which this
subsection applies is each storage vessel for
petroleum liquids which has a storage capacity
greater than 751,412 liters (40,000 gallons).
(b) This subsection does not apply to storage vessels
for petroleum or condensate stored, processed, and/or
treated at a drilling and production facility prior
to custody transfer.
(2) Definitions
As used in this section, all terms not defined herein
shall have the meaning given them in the Act and in sub-
section 12.102 of this regulation.
(a) "Storage vessel" means any tank, reservoir, or
container used for the storage of petroleum
liquids, but does not include:
(i) Pressure vessels which are designed to operate
in excess of 15 pounds per square inch gauge
without emissions to the atmosphere except
under emergency conditions.
(ii) Subsurface caverns or porous rock reservoirs,
or
(iii) Underground tanks if the total volume of
petroleum liquids added to and taken from a
tank annually does not exceed twice the volume
of the tank.
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(b) "Petroleum liquids" means petroleum, condensate,
and any finished or intermediate products manu-
factured in a petroleum refinery but does not mean
Number 2 through Number 6 fuel oils as specified
in A.S.T.M. D39669, gas turbine fuels oils Numbers
2-GT through 4-GT as specified in A.S.T.M. D2880-71,
or diesel fuel oils Numbers 2-D and 4-D as speci-
fied in A.S.T.M. D975-68.
(c) "Petroleum refinery" means any facility engaged
in producing gasoline, kerosene, distillate fuel
oils, residual fuel oils, lubricants, or other
products through distillation of petroleum or
through distillation of petroleum or through distilla-
tion of petroleum or through redistillation, crack-
ing, or reforming of unfinished petroleum derivatives.
(d) "Petroleum" means the crude oil removed from the
earth and the oils derived from tar sands, shale,
and coal.
(e) "Hydrocarbon" means any organic compound consisting
predominantly of carbon and hydrogen.
(f) "Condensate" means hydrocarbon liquid separated
from natural gas which condenses due to changes in
the temperature and/or pressure and remains liquid
at standard conditions.
(g.) "Custody transfer" means the transfer of produced
petroleum and/or condensate, after processing and/or
treating in the producing operations, from storage
tanks or automatic transfer facilities to pipelines
or any other forms of transportation.
(h) "Drilling and production facility" means all drilling
and servicing equipment, wells, flow lines, separators,
equipment, gathering lines, and auxiliary non-
transportation-related equipment used in the pro-
duction of petroleum but does not include natural
gasoline plants.
(i) "True vapor pressure" means the equilibrium
partial pressure exerted by a petroleum liquid as
determined in accordance with methods described in
American Petroleum Institute Bulletin 2517,
Evaporation Loss from Floating Roof Tanks, 1962.
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(j) "Floating roof" means a storage vessel cover con-
sisting of a double deck, pontoon single deck,
internal floating cover or covered floating roof,
which rests upon and is supported by the petroleum
liquid being contained, and is equipped with a
closure seal or seals to close the space between
the roof edge and tank wall.
(k) "Vapor recovery system" means a vapor gathering
system capable of collecting all hydrocarbon vapors
and gases discharged from the storage vessel and
a vapor disposal system capable of processing such
hydrocarbon vapors and gases so as to prevent their
emission to the atmosphere.
(1) "Reid vapor pressure" is the absolute vapor pressure
of volatile crude oil and volatile non-viscous
petroleum liquids, except liquefied petroleum gases,
as determined by ASTM-D-323-58 (reapproved 1968).
(3) Standard for Hydrocarbons
The owner or operator of any storage vessel to which
this subsection applies shall store petroleum liquids
as follows:
(a) If the true vapor pressure of the petroleum liquid,
as stored, is equal to or greater than 78 mm Hg.
(1.5 psia) but not greater than 570 mm Hg (11.1 psia),
the storage vessel shall be equipped with a floating
roof, a vapor recovery system, or their equivalents.
(b) If the true vapor pressure of the petroleum liquid
as stored is greater than 570 mm hg (11.1 psia),
the storage vessel shall be equipped with a vapor
recovery system or its equivalent.
(4) Monitoring of Operations
(a) The owner or operator of any storage vessel to which
this subsection applies shall for each such storage
vessel maintain a file of each type of petroleum
liquid stored, of the typical Reid vapor pressure
of each type of petroleum liquid stored, and of the
dates of storage. Dates on which' the storage vessel
is empty shall be shown.
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(b) The owner or operator of any storage vessel to
which this subsection applies shall for each such
storage vessel determine and record the average
monthly storage temperature and true vapor pressure
of the petroleum liquid stored at such temperature
if:
(i) The petroleum liquid has a true vapor pressure,
as stored, greater than 26 mm Hg (0.5 psia)
but less than 78 mm Hg (1.5 psia) and is
stored in a storage vessel other than one '
equipped with a floating roof, a vapor recovery
system or their equivalents; or
(ii) The petroleum liquid has a true vapor pressure,
as stored, greater than 470 mm Hg (9.1 psia)
and is stored in a storage vessel other than
one equipped with a vapor recovery system or
its equivalent.
(c) The average monthly storage temperature is an
arithmetic average calculated for each calendar
month, or portion thereof if storage is for less
than a month, from bulk liquid storage temperatures
determined at least once every 7 days.
(d) The true vapor pressure shall be determined by the
procedures in American Petroleum Institute (API)
Bulletin 2517. This procedure is dependent upon
determination of the storage temperature and the
Reid vapor pressure, which requires sampling of the
petroleum liquids in the storage vessels. Unless
the Department requires in specific cases that the
stored petroleum liquid be sampled, the true vapor
pressure may be determined by using the average
monthly storage temperature and the typical Reid
vapor pressure. For those liquids for which
certified specifications limiting the Reid vapor
pressure exist, that Reid vapor pressure may be
used. For other liquids, supporting analytical data
must be made available on request to the Department
when typical Reid vapor pressure is used.
(51.17) 12.409 Standards of Performance for Secondary Lead Smelters
(1) Applicability and Designation of Affected Facility
The provisions of this subsection are applicable to the
following affected facilities in secondary lead smelters:
Pot furnaces of more than 250 kg (550 Ib) charging capacity,
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blast (cupola) furnaces, and reverberatory furnaces.
(.2) Definitions
As used in this subsection, all terms not defined herein
shall have the meaning given them in the Act and in sub-
section 12.102 of this regulation.
(a) "Reverberatory furnace" includes the following
types of reverberatory furnaces: stationary,
rotating, rocking, and tilting.
(b) "Secondary lead smelter" means any facility producing
lead from a lead-bearing scrap material by smelting
to the metallic form.
(c) "Lead" means elemental lead or alloys in which the
predominant component is lead.
(3) Standard for Particulate Matter
(a) On and after the date on which the performance test
required to be conducted by subsection 12.107 is
completed, no owner or operator subject to the
provisions of this subsection shall discharge or
cause the discharge into the atmosphere from a blast
(cupola) or reverberatory furnace any gases which:
(i) Contain particulate matter in excess of 50 mg/dscm
(0.022.gr/dscf).
(ii) Exhibit 20 percent opacity or greater.
(b) On and after the date on which the performance test
required to be conducted by subsection 12.107 is
completed, no owner or operator subject to the pro-
visions of this regulation shall discharge or cause
the discharge into the atmosphere from any pot furnace
any gases which exhibit 10 percent opacity or greater.
(4) Test Methods and Procedures
(a) The reference methods appended to this regulation,
except as provided for in subsection 12.107(2) shall
be used to determine compliance with the standards
prescribed in division (3) of this subsection as
follows:
(i) Method 5 for the concentration of particulate
matter and the associated moisture content,
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(ii) Method 1 for sample and velocity traverses,
(iii) Method 2 for velocity and volumetric flow
rate, and
(iv) Method 3 for gas analysis.
(b) For Method 5, the sampling time for each run shall
be at least 60 minutes and the sampling rate shall
be at least 0.9 dscm/hr (0.53 dscf/min) except that
shorter sampling times, when necessitated by process
variables or other factors, may be approved by
the Department. Particulate sampling shall be con-
ducted during representative periods of furnace
operation, including charging and tapping.
(51.17) 12..410 Standards of Performance for Secondary Brass and Bronze Ingot
Production Plants
(1) Applicability and Designation of Affected Facility
The provisions of this subsection are applicable to the
following affected facilities in secondary brass or bronze
ingot production plants; Reverberatory and electric furnaces
of 1,000 kg (2,205 lb). or greater production capacity and
blast (cupola) furnaces of 250 kg/hr (550 Ib/hr) or
greater production capacity.
(2) Definitions
As used in this subsection, all terms not defined herein
shall have the meaning given them in the Act and in sub-
section 12.102 of this regulation.
(a) "Brass or bronze" means any metal alley, containing
copper as its predominant constituent, and lesser
amounts of zinc, tin, lead, or other metals.
(b) "Reverberatory furnace" includes the following types
of reverberatory furnaces: stationary, rotating,
rocking, and tilting.
:. (c) "Electric furnace" means any furnace which uses
electricity to produce over 50 percent of the heat
required in the production of refined brass or
bronze.
(d) "Blast furnace" means any furnace used to recover
metal from slag.
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(3) Standard for Participate Matter
(a) On and after the date on which the performance test
required to be conducted by subsection 12.107 is
completed, no owner or operator subject to the
provisions of this subsection shall discharge or
cause the discharge into the atmosphere from a
reverberatory furnace any gases which:
(i) Contain particulate matter in excess of 50
mg/dscm (0.022 gr/dscf).
(ii) Exhibit 20 percent opacity or greater.
(b) On and after the date on which the performance test
required to be conducted by subsection 12.107 is
completed, no owner or operator subject to the
provisions of this subsection shall discharge or
cause the discharge into the atmosphere from any
blast (cupola) or electric furnace any gases which
exhibit 10 percent opacity or greater.
(4) Test Methods and Procedures
(a) The reference methods appended to this part, except
as provided for in subsection 12.107(2), shall be
used to determine compliance with the standards
prescribed in division (3) of this subsection as
follows:
(i) Method 5 for the concentration of particulate
matter and the associated moisture content,
(ii) Method 1 for sample and velocity traverses,
(iii) Method 2 for velocity and volumetric flow
rate, and
(iv) Method 3 for gas analysis.
(b) For Method 5, the sampling time for each run shall
be at least 120 minutes and the sampling rate shall
be at least 0.9 dscm/hr (0.53 dscf/min) except that
shorter sampling times, when necessitated by process
variables or other factors, may be approved by the
Department. Particulate matter sampling shall be
conducted during representative periods of charging
and refining, but not during pouring of the heat.
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(51.4) 12.411 Standards of Performance for Iron and Steel Plants
(1) Applicability and Designation of Affected Facility
The affected facility to which the provisions of this
subsection apply is each basic oxygen process furnace.
(2) Definitions
As used in this subsection, all terms not defined herein
•shall have the meaning given them in the Act and in
subsection 12.102 of this regulation.
(a) "Basic oxygen process furnace" (BOPF) means any
furnace producing steel by charging scrap steel,
hot metal, and flux materials into a vessel and
introducing a high volume of an oxygen-rich gas.
(b) "Steel production cycle" means the operations
required to produce each batch of steel and includes
the following major functions: Scrap charging,
preheating (when used), hot metal charging, primary
oxygen blowing, additional oxygen blowing (when
used), and tapping.
(.3) Standard for Particulate Matter
(a) On and after the date on which the performance test
required to be conducted by subsection 12.107 is
completed, no owner or operator subject to the
provisions of this subsection shall discharge or
cause the discharge into the atmosphere from any
affected facility any gases which:
(i) Contain particulate matter in excess of 50
mg/dscm (0.022 gr/dscf).
(ii) (Reserved)
(4) (Reserved)
(5) Test Methods and Procedures
(a) The reference methods appended to this regulation,
except as provided for in Section 12.107(2), shall
be used to determine compliance with the standards
prescribed in division (3) of this subsection as
follows:
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(i) Method 5 for concentration of particulate
matter and associated moisture content,
(ii) Method 1 for sample and velocity traverses,
(iii) Method 2 for volumetric flow rate, and
(iv) Method 3 for gas analysis.
(b) For Method 5, the sampling for each run shall
continue for an integral number of cycles with total
duration of at least 60 minutes. The sampling rate
shall be at least 0.9 dscm/hr (0.53 dscf/min)
except that shorter sampling times, when necessitated
by process variables or other factors, may be approved
by the Department. A cycle shall start at the
beginning of either the scrap preheat or the oxygen blow
and shall terminate immediately prior to tapping.
(51.9) 12.412 Standards of Performance for Sewage Treatment Plants
(1) Applicability and Designation of Affected Facility
The affected facility to which the provisions of this
subsection apply is each incinerator which burns the
sludge produced by municipal sewage treatment facilities.
(2) Definitions
As used in this subsection, all terms not defined herein
shall have the meaning given them in the Act and in sub-
section 12.102 of this regulation.
(3) Standard for Particulate Matter
On and after the date on which the performance test
required to be conducted by subsection 12.107 is completed,
no owner or operator of any sewage sludge incinerator
subject to the provisions of this subsection shall dis-
charge into the atmosphere of:
(a) Particulate matter at a rate in excess of 0.65
g/kg dry sludge input (1.30 Ib/ton dry sludge input).
(b) Any gases which exhibit 20 percent opacity or
greater.
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(4) Monitoring of Operations
The owner or operator of any sludge incinerator subject
to the provisions of this subsection shall:
(a) Install, calibrate, maintain, and operate a flow
measuring device which can be used to determine
either the mass or volume of sludge charged to the
incinerator. The flow measuring device shall have
an accuracy of +5 percent over its operating range.
(b) Provide access to the sludge charged so that a well-
mixed representative grab sample of the sludge can
be obtained.
(5) Test Methods and Procedures
(a) The reference methods appended to this regulation,
except as provided for in subsection 12.107(2),
shall be used to determine compliance with the
standards prescribed in division (3) of this sub-
section as follows:
(i) Method 5 for concentration of particulate matter
and associated moisture content,
(ii) Method 1 for sample and velocity traverses,
(iii) Method 2 for volumetric flow rate, and
(iv) Method 3 for gas analysis.
(b) For Method 5, the sampling time for each run shall be
at least 60 minutes and the sampling rate shall be
at least 0.015 dscm/min (0.53 dscf/min), except that
shorter sampling times, when necessitated by process
variables or other factors, may be approved by the
Department.
(c) Dry sludge charging rate shall be determined as
follows:
(i) Determine the mass (Sm) or volume (Sv) of sludge
charged to the incinerator during each run using
a flow measuring device meeting the requirements
of division (4)(a)(i) of this subsection. If
total input during a run is measured by a flow
measuring device, such readings shall be used.
Otherwise, record the flow measuring device
readings at 5-minute intervals during a run.
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Determine the quantity charged during each
interval by averaging the flow rates at the
beginning and end of the interval and then
multiplying the average for each interval by
the time for each interval. Then add the
quantity for each interval to determine the
total quantity charged during the entire run,
(Sm) or (Sv).
(ii) Collect samples of the sludge charged to the
incinerator in non-porous collecting jars at the
beginning of each run and at approximately 1-hour
intervals thereafter until the test ends, and
determine for each sample the dry sludge content
(total solids residue) in accordance with "224
G. Method for Solid and Semi sol id Samples,"
Standard Methods for the Examination of Water
and Wastewater, Thirteenth Edition, American
Public Health Association, Inc., New York, N.Y.,
1971, pp. 539-41, except that:
((a)) Evaporating dishes shall be ignited to
at least 103°C rather than the 550°C
specified in step 3(a)(l).
((b)) Determination of volatile residue, step
3(b) may be deleted.
((c)) The quantity of dry sludge per unit sludge
charged shall be determined in terms of
either Rdv (metric units: mg dry sludge/
liter sludge charged or English units:
lb/ft3) or Rdm (metric units: mg dry
sludge/mg sludge charged or English
units: Ib/lb).
(iii) Determine the quantity of dry sludge per unit
sludge charged in terms of either Rdv or R
-------
where:
Sj = average dry sludge charging rate during
the run, kg/hr (English units: Ib/hr).
= average quantity of dry sludge per unit
volume of sludge charged to the incinera-
tor, mg/1 (English units: lb/ft3).
Sv = sludge charged to the incinerator during
the run, m3 (English units: gal).
T = duration of run, min (English units: min).
60xlO~3 = metric units conversion factor, 1-kg-min/
m3-mg-hr.
8.021 - English units conversion factor, ft3"min/
gal-hr.
((.b)) If the mass of sludge charged is used:
Sd = (60) RdmSm (Metric or English Units)
where:
Sd = average dry sludge charging rate during
the run, kg/hr (English units: Ib/hr).
Rdm = average ratio of quantity of dry sludge
to quantity of sludge charged to the
incinerator mg/mg (English units: Ib/lb).
Sm = sludge charged during the run, kg
(English units: Ib).
T = duration of run, min (Metric or English
units).
60 = conversion factor, min/hr (Metric or Englis.h
units).
(d) Particulate emission rate shall be'determined by:
Caw = CSQS (Metric or English Units)
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where:
Caw = participate matter mass emissions, mg/hr
(English units: Ib/hr) .
Cs = parti cul ate matter concentration, mg/m^
(English units; Ib/dscf).
Qs = volumetric stack gas flow rate, dscm/hr
(English units: dscf/hr). Qs and Cs shall
be determined using Methods 2 and 5,
respectively.
(e) Compliance with 12.412(3) shall be determined as
follows:
Cds = 00~3) aw (Metric Units)
or
Cds = (2000) Cjw (English Units)
Sd~
where:
C
-------
(a) "Wet-process phosphoric acid plant" means any
facility manufacturing phosphoric acid by reacting
phosphate rock and acid.
(b) "Total fluorides" means elemental fluorine and all
fluoride compounds as measured by reference methods
specified in subsection 12.417(5), or equivalent or
alternative methods.
(c) "Equivalent ?205 feed" means the quantity of
phosphorus, expressed as phosphorus pentoxide, fed
to the process.
(3) Standard for Fluoride
(a) On and after the date on which the performance test
required to be conducted by subsection 12.107 is
completed, no owner or operator subject to the
provisions of this subsection shall cause to be dis-
charged into the atmosphere from any affected facility
and gases which contain total fluorides in excess of
10.0 g/metric ton of equivalent P20c feed (0.020
Ib/ton).
(4) Monitoring of Operations
(a) The owner or operator of any wet-process phosphoric
acid plant subject to the provisions of this sub-
section shall install, calibrate, maintain, and
operate a monitoring device which can be used to
determine the mass flow of phosphorus-bearing feed
material to the process. The monitoring device shal-
have an accuracy of ± 5 percent over its operating
range.
(b) The owner or operator of any wet-process phosphoric
acid plant shall maintain a daily record of equiva-
lent ?2®5 ^eec' by first determining the total mass
rate in metric ton/hr of phosphorus-bearing feed
using a monitoring device for measuring mass flow
rate which meets the requirements of subdivision (a)
of this division and then by proceeding according to
subsection 12.417(5)(d)(ii).
(c) The owner or operator of any wet-process phosphoric
acid subject to the provisions of this subsection
shall install, calibrate, maintain, and operate a
monitoring device which continuously measures and
permanently records the total pressure drop across
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the process scrubbing system. The monitoring
device shall have an accuracy of +5 percent over
its operating range.
(5) Test Methods and Procedures
(a) Reference methods in Appendix A of this regulation,
except as provided in subsection 12.107(2), shall be
used to determine compliance with the standard
prescribed in subsection 12.417(3) as follows:
(i) Method ISA or 13B for the concentration of
total fluorides and the associated moisture
content,
(ii) Method 1 for sample and velocity traverses,
(iii) Method 2 for velocity and volumetric flow rate,
and
(iv) Method 3 for gas analysis.
(b) For Method 13A or 13B, the sampling time for each
run shall be at least 60 minutes and the minimum
sample volume shall be 0.85 dscm (30 dscf) except
that shorter sampling times or smaller volumes, when
necessitated by process variables or other factors,
may be approved by the Department.
(c) The air pollution control system for the affected
facility shall be constructed so that volumetric
flow rates and total fluoride emissions can be
accurately determined by applicable test methods and
procedures.
(d) Equivalent ?205 feed shall be determined as follows;
(i) Determine the total mass rate in metric ton/hr
of phosphorus-bearing feed during each run using
a flow monitoring device meeting the requirements
of subsection 12.417(4)(a).
(ii) Calculate the equivalent P205 feed by multi-
plying the percentage PgOs content, as measured
by the spectrophotometric molybdovanadophosphate
method (AOAC Method 9), times the total mass
rate of phosphorus-bearing feed. AOAC Method 9
is published in the Official Methods of Analysis
of the Association of Official Analytical
Chemists, llth edition, 1970, pp. 11-12. Other
methods may be approved by the Department.
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(e) For each run, emissions expressed in g/metric ton
of equivalent ?2®5 ^eed shall be determined using
the following equation: (c Q ) 10"^
where:
= Emissions of total fluorides in g/metric
ton of equivalent ?205 feed.
GŁ = Concentration of total fluorides in mg/dscm
as determined by Method 13A or 13B.
Q3 = Volumetric flow rate of the effluent gas
stream in dscm/hr as determined by Method 2.
10-3 = Conversion factor for mg to g.
Mp. 5 = Equivalent P2®5 feed in metric ton/hr as
determined by subsection 12.417(5)(d).
(51.21) 12.418 Standards of Performance for the Phosphate Fertilizer Industry:
Super- phosphoric Acid Plants
(1) Applicability and Designation of Affected Facility
The affected facility to which the provisions of this sub-
section apply is each superphosphoric acid plant. For
the purpose of this subsection, the affected facility
includes any combination of: evaporators, hotwells, acid
pumps, and cooling tanks.
(2) Definitions
As used in this subsection, all terms not defined herein
shall have the meaning given them in the Act and in sub-
section 12.102 of this regulation.
(a) "Superphosphoric acid plant" means any facility
which concentrates wet-process phosphoric acid to
66 percent or greater ?2^S content by weight for
eventual consumption as a fertilizer.
(b) "Total fluorides" means elemental fluorine and all
fluoride compounds as measured by reference methods
specified in subsection 12.418(5), or equivalent or
alternative methods.
(c) "Equivalent P205 feed" means the quantity of
phosphorus, expressed as phosphorous pentoxide, fed
to the process.
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(3) Standard for Fluorides
(a) On and after the date on which the performance test
required to be conducted by subsection 12.107 is
completed, no owner or operator subject to the pro-
visions of this subsection shall cause to be dis-
charged into the atmosphere from any affected facility
any gases which contain total fluorides in excess of
5.0 g/metric ton of equivalent P?0s feed (0.010
Ib/ton).
(4) Monitoring of Operations
(a) The owner or operator of any superphosphoric acid
plant subject to the provisions of this subsection
shall install, calibrate, maintain, and operate a
flow monitoring device which can be used to determine
the mass flow of phosphorus-bearing feed material to
the process. The flow monitoring device shall have
an accuracy of +5 percent over its operating range.
(b) The owner or operator of any superphosphoric acid
plant shall maintain a daily record of equivalent
?205 feed by first determining the total mass rate in
metric ton/hr of phosphorus-bearing feed using a flow
monitoring device meeting the requirements of sub-
division (a) of this division and then by proceeding
according to subsection 12.418(5)(d)(ii).
(c) The owner or operator of any superphosphoric acid
plant subject to the provisions of this subsection
shall install, calibrate, maintain, and operate a
monitoring device which continuously measures and
permanently records the total pressure drop across the
process scrubbing system. The monitoring device shall
have an accuracy of +5 percent over its operating
range.
(5) Test Methods and Procedures
(a) Reference methods in Appendix A of this regulation,
except as provided in subsection 12.107(2), shall be
used to determine compliance with the standard pre-
scribed in subsection 12.418(3) as follows:
(i) Method 13A or 13B for the concentration of total
fluorides and the associated moisture content,
(ii) Method 1 for sample and velocity traverses,
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(.iii) Method 2 for velocity and volumetric flow
rate, and
(iv) Method 3 for gas analysis.
(b) For Method ISA or 13B, the sampling time for each
run shall be at least 60 minutes and the minimum
sample volume shall be at least 0.85 dscm (30 dscf)
except that shorter sampling times or smaller volumes,
when necessitated by process variables or other
factors may be approved by the Department.
(c) The air pollution control system for the affected
facility shall be constructed so that volumetric flow
rates and total fluoride emissions can be accurately
determined by applicable test methods and procedures.
(d) Equivalent P205 feed shall be determined as follows:
(i) Determine the total mass rate in metric ton/hr
of phosphorus-bearing feed during each run using
a flow monitoring device meeting the requirements
of subsection 12.418(4)(a).
(ii) Calculate the equivalent PgOs feed by multiplying
the percentage P^Os content, as measured by the
spectrophotometric molybdovanadophosphate method
(AOAC Method 9), times the total mass rate of
phosphorus-bearing feed. (AOAC Method 9) is
published in the Official Methods of Analysis of
the Association of Official Analytical Chemists,
llth edition, 1970, pp. 11-12. Other methods may
be approved by the Department.
(e) For each run, emissions expressed in g/metric ton of
equivalent P2®5 feed, shall be determined using the
following equation:
E _ (C2Q3) 10-3
MP205
where:
E = Emissions of total fluorides in g/metric ton
E of equivalent P205 feed.
C3 = Concentration of total fluorides in mg/dscm
as determined by Method 13A or 13B.
CL = Volumetric flow rate of the effluent gas
stream in dscm/hr as determined by Method 2.
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= Conversion factor for mg to g.
= Equivalent ?2^5 feed ]n metric ton/hr as
determined by subsection 12.418.
(51.21) 12.419 Standards of Performance for the Phosphate Fertilizer
Industry: Diammonium Phosphate Plants
(1) Applicability and Designation of Affected Facility
The affected facility to which the provisions of this sub-
section apply is each granular diammonium phosphate plant.
For the purpose of this subsection, the affected facility
includes any combination of: reactors, granulators,
dryers, coolers, screens and mills.
(2) Definitions
As used in this subsection, all terms not defined herein
shall have the meaning given them in the Act and in sub-
section 12.102 of this regulation.
(a) "Granular diammonium phosphate plant" means any plant
manufacturing granular diammonium phosphate by re-
acting phosphoric acid with ammonia.
(b) "Total fluorides" means elemental fluorine and all
fluoride compounds as measured by reference methods
specified in subsection 12.419(5) or equivalent or
alternative methods.
(c) "Equivalent P20s feed" means the quantity of
phosphorus, expressed as phosphorous pentoxide, fed
to the process.
(3) Standard for Fluorides
(a) On and after the date on which the performance test
required to be conducted by subsection 12.107 is
completed, no owner or operator subject to the pro-
visions of this subsection shall cause to be dis-
charged into the atmosphere from any affected facility
any gases which contain total fluorides in excess of
30 g/metric ton of equivalent ?205 feed (0.060
Ib/ton).
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(4) Monitoring of Operations
(a) The owner or operator of any granular diammonium
phosphate plant subject to the provisions of this
subsection shall install, calibrate, maintain, and
operate a flow monitoring device which can be used
. to determine the mass flow of phosphorus-bearing
feed material to the process. The flow monitoring
device shall have an accuracy of +5 percent over its
operating range.
(b) The owner or operator of any granular diammonium
phosphate plant shall maintain a daily record of
equivalent P2d5 feed by first determining the total
mass rate in metric ton/hr of phosphorus-bearing feed
using a flow monitoring device meeting the require-
ments of subdivision (a) of this division and then by
proceeding according to subsection 12.419(5)(d)(ii).
(c) The owner or operator of any granular diammonium
phosphate plant subject to the provisions of this sub-
section shall install, calibrate, maintain, and
operate a monitoring device which continuously
measures and permanently records the total pressure
drop across the scrubbing system. The monitoring
device shall have an accuracy of +5 percent over its
operating range.
(5) Test Methods and Procedures
(a) Reference methods in Appendix A of this regulation,
except as provided for in subsection 12.107(2), shall
be used to determine compliance with the standard pre-
scribed in subsection 12.419(3) as follows:
(i) Method ISA or 13B for the concentration of total
fluorides and the associated moisture content,
(ii) Method 1 for sample and velocity traverses,
(iii) Method 2 for velocity and volumetric flow
rate, and
(iv) Method 3 for gas analysis.
(b) For Method 13A or 13B, the sampling time for each run
shall be at least 60 minutes and the minimum sample
volume shall be at least 0.85 dscm (30 dscf) except
that shorter sampling times or smaller volumes when
necessitated by process variables or other factors,
may be approved by the Department.
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(c) The air pollution control system for the affected
facility shall be constructed so that volumetric
flow rates and total fluoride emissions can be
accurately determined by applicable test methods
and procedures.
(d) Equivalent P20s feed shall be determined as follows:
(i) Determine the total mass rate in metric ton/hr
of phosphorus-bearing feed during each run
using a flow monitoring device meeting the
requirements of subsection 12. 419(4) (a).
(ii) Calculate the equivalent P205 feed by multi-
plying the percentage P20s content, as measured
by the spectrophotometric molybdovanadophosphate
method (AOAC Method 9, times the total mass rate
of phosphorus-bearing feed. AOAC Method 9 is
published in the Official Methods of Analysis of
the Association of Official Analytical Chemists,
llth edition, 1970, pp. 11-12. Other methods
may be approved by the Department.
(e) For each run, emissions expressed in g/metric ton of
equivalent P205 feed shall be determined using the
following equation:
E = (C2Q3) 1Q"3
where:
E = Emissions of total fluorides in g/metric ton
of equivalent
C2 = Concentration of total fluorides in mg/dscm
as determined by Method ISA or 138.
Q3 = Volumetric flow rate of the effluent gas
stream in dscm/hr as determined by Method 2.
10-3 = Conversion factor for mg to g.
MP?os = Equivalent P205 feed in metric ton/hr as
determined by subsection 12.419(5)(d).
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(51.21) 12.420 Standaros of Performance for the Phosphate Fertilizer
Industry: Triple Superphosphate Plants
(1) Applicability and Designation of Affected Facility
The affected facility to which the provisions of this
subsection apply is each triple superphosphate plant.
For the purpose of this subsection, the affected facility
includes any combination of: mixers, curing belts (dens),
reactors, granulators, dryers, cookers, screens, mills,
and facilities which store run-of-pile triple super-
phosphate.
(2) Definitions
As used in this subsection, all terms not defined herein
shall have the meaning given them in the Act and in sub-
section 12.102 of this regulation.
(a) "Triple superphosphate plant" means any facility
manufacturing triple superphosphate by reacting
phosphate rock with phosphoric acid. A run-of-pile
triple superphosphate plant includes curing and
storing.
(b) "Run-of-pile triple superphosphate" means any triple
superphosphate that has not been processed in a
granulator and is composed of particles at least 25
percent by weight of which (when not caked) will pass
through a 16 mesh screen.
(c) "Total fluorides" means elemental fluorine and all
fluoride compounds as measured by reference methods
specified in subsection 12.420(5), or equivalent or
alternative methods.
(d) "Equivalent ?2^ feed" means the quantity of
phosphorus, expressed as phosphorus pentoxide, fed
to the process.
(3) Standard for Fluorides
(a) On and after the date on which the performance test
required to be conducted by subsection 12.107 is
completed, no owner or operator subject to the pro-
visions of this subsection shall cause to be dis-
charged into the atmosphere from any affected facility
any gases which contain total fluorides in excess of
100 g/metric ton of equivalent P20s feed (0.20
Ib/ton).
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(4) Monitoring of Operations
(a) The owner or operator of any triple superphosphate
plant subject to the provisions of this subsection
shall install, calibrate, maintain, and operate a
flow monitoring device which can be used to determine
the mass flow of phosphorus-bearing feed material to
the process. The flow monitoring device shall have
an accuracy of +5 percent over its operating range.
(b) The owner or operator of any triple superphosphate
plant shall maintain a daily record of equivalent
?20s feed by first determining the total mass rate in
metric ton/hr of phosphorus-bearing feed using a flow
monitoring device meeting the requirements of sub-
division (a) of this division and then by proceeding
according to subsection 12.420(5)(d)(ii).
(c) The owner or operator of any triple superphosphate
plant subject to the provisions of this subsection
shall install, calibrate, maintain, and operate a
monitoring device which continuously measures and
permanently records the total pressure drop across
the process scrubbing system. The monitoring device
shall have an accuracy of +5 percent over its oper-
ating range.
(5) Test Methods and Procedures
(a) Reference methods in Appendix A of this regulation,
except as provided for in subsection 12.107(2), shall
be used to determine compliance with the standard
prescribed in subsection 12.420(3) as follows:
(i) Method ISA or 13B for the concentration of total
fluorides and the associated moisture content,
(ii) Method 1 for sample and velocity traverses,
(iii) Method 2 for velocity and volumetric flow rate,
and
(.iv) Method 3 for gas analysis.
(b) For Method 13A or 13B, the sampling time for each
run shall be at least 60 minutes and the minimum
sample volume shall be at least 0.35 dscm (30 dscf)
except that shorter sampling times or smaller volumes,
when necessitated by process variables or other
factors, may be approved by the Department.
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(c) The air pollution control system for the affected
facility shall be constructed so that volumetric
flow rates and total fluoride emissions can be
accurately determined by applicable test methods
and procedures.
(d) Equivalent ?2^S feeo> shall be determined as follows:
(i) Determine the total mass rate in metric ton/hr
of phosphorus-bearing feed during each run
using a flow minitoring device meeting the
requirements of subsection 12.420(4)(a).
(ii) Calculate the equivalent ?2^5 ^ee<^ by multiply-
ing the percentage P^OS content, as measured by
the spectrophotometric molybdovadophosphate
method (AOAC Method 9), times the total mass rate
of phosphorus-bearing feed. AOAC Method 9 is
published in the Official Methods of Analysis
of the Association of Official Analytical
Chemists, llth edition, 1970, pp. 11-12. Other
methods may be approved by the Department.
(e) For each run, emissions expressed in g/metric ton of
equivalent P 0 feed shall be determined using the
following equation:
E = (C2Q-3) IP"3
where :
E = Emissions of total fluorides in g/metric ton
of equivalent PŁ05 feed.
Cg = Concentration of total fluorides in mg/dscm
as determined by Method 13A or 13B.
0.3 = Volumetric flow rate of the effluent gas
stream in dscm/hr as determined by Method 2.
10-3 = Conversion factor for mg to g.
Mp_ _ = Equivalent PgOs feed in metric ton/hr as
^°3 determined by subsection 12.420(5)(d).
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(51.21) 12.421 Standards of Performance for the Phosphate Fertilizer
Industry: Granular Triple Superphosphate Storage Facilities
(1) Applicability and Designation of Affected Facility
The affected facility to which the provisions of this
subsection apply is each granular triple superphosphate
storage facility. For the purpose of this subsection,
the affected facility includes any combination of:
storage or curing piles, conveyors, elevators, screens
and mills.
(2) As used in this subsection, all terms not defined herein
shall have the meaning given them in the Act and in sub-
section 12.102 of this regulation.
(a) "Granular triple superphosphate storage facility"
means any facility curing or storing granular
triple superphosphate.
(b) "Total fluorides" means elemental fluorine and all
fluoride compounds as measured by reference methods
specified in subsection 12.421(5), or equivalent or
alternative methods.
(c) "Equivalent P205 stored" means the quantity of
phosphorus, expressed as phosphorus pentoxide, being
cured or stored in the affected facility.
(d) "Fresh granular triple superphosphate" means granular
triple superphosphate produced no more than 10 days
prior to the date of the performance test.
(3) Standard for Fluorides
(a) On and after the date on which the performance test
required to be conducted by subsection 12.107 is
.completed, no owner or operator subject to the pro-
visions of this subsection shall cause to be dis-
charged into the atmosphere from any affected facility
any gases which contain total fluorides in excess of
0.25 q/hr/metric ton of equivalent ?2^ stored (5.0
x 10'^ Ib/hr/ton of equivalent P20s stored).
(4) Monitoring of Operations
(a) The owner or operator of any granular triple super-
phosphate storage facility subject to the provisions
of this subsection shall maintain an accurate account
of triple superphosphate in storage to permit the
determination of the amount of equivalent ?205 stored.
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(b) The owner of operator of any granular triple
superphosphate storage facility shall maintain a
daily record of total equivalent P2
-------
(d) Except as provided under subdivision (e) of this
division, all performance tests on granular triple
superphosphate storage facilities shall be conducted
only when the following quantities of product are
being cured or stored in the facility.
(.i) Total granular triple superphosphate - at least
10 percent of the building capacity.
(.ii) Fresh granular triple superphosphate - at least
20 percent of the amount of triple superphosphate
in the building.
(e) If the provisions set forth in subdivision (d)(2) of
this division exceed production capabilities for fresh
granular triple superphosphate, the owner or operator
shall have at least five days maximum production of
fresh granular triple superphosphate in the building
during a performance test.
(f) Equivalent ?2®5 stored shall be determined as follows:
(i) Determine the total mass stored during each run
using an accountability system meeting the re-
quirements of subsection 12.421(4)(a).
(ii) Calculate the equivalent P205 stored by multiply-
ing the percentage P 0 content, as measured by
the spectrophotometric molybdovanadophosphate
method (AOAC Method 9), times the total mass
stored. AOAC Method 9 is published in the Official
Methods of Analysis of the Association of Official
Analytical Chemists, llth edition, 1970, pp.
11-12. Other methods may be approved by the
Department.
(g) For each run, emissions expressed in g/hr/metric ton
of equivalent PgOs stored shall be determined using
the following equation:
-3
E = (C2Q3) 10
MP2°5
where:
E = Emissions of total fluorides in g/hr/metric
of equivalent P90c stored.
Ł D
C2 = Concentration of total fluorides in mg/dscm
as determined by Method ISA or 13B.
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Qg = Volumetric flow rate of the effluent gas
stream in dscm/hr as determined by Method 2.
10" = Conversion factor for mg to g.
M = Equivalent ?2^ feed in metric tons as
P2o5 measured by subsection 12.421(5)(d).
12.422 - 12.423 (Reserved)
(51.4) 12.424 Standards of Performance for Steel Plants: Electric Arc
Furnaces
(1) Applicability and Designation of Affected Facility
The provisions of this subsection are applicable to the
following affected facilities in steel plants: electric
arc furnaces and dust-handl-ing equipment.
(2) Definitions
As used in this subsection, all terms not defined herein
shall have the meaning given them in the Act and in sub-
section 12.102 of this regulation.
(a) "Electric arc furnace" (EAF) means any furnace that
produces molten steel and heats the charge materials
with electric arcs from carbon electrodes. Furnaces
from which the molten steel is cast into the shape
of finished products, such as in a foundry, are not
affected facilities included within the scope of this
definition. Furnaces which, as the primary source
of iron, continuously feed pre-reduced ore pellets are
not affected facilities within the scope of this
definition.
(b) "Dust-handling equipment" means any equipment used to
handle particulate matter collected by the control
device and located at or near the control device for
an EAF subject to this subsection.
(c) "Control device" means the air pollution control
equipment used to remove particulate matter generated
by an EAF(s) from the effluent gas stream.
(d) "Capture system" means the equipment (including ducts,
hoods, fans, dampers, etc.) used to capture or
transport particulate matter generated by an EAF to
the air pollution control device.
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(e) "Charge" means the addition of iron and steel scrap
or other materials into the top of an electric arc
furnace.
(f) "Charging period" means the time period commencing
at the moment an EAF starts to open and ending
either three minutes after the EAF roof is returned
to its closed position or six minutes which commence-
ment of opening of the roof, whichever is longer.
(g) "Tap" means the pouring of molten steel from an
EAF.
(h) "Tapping period" means the time period commencing
at the moment an EAF begins to tilt to pour and
ending either three minutes after an EAF returns to
an upright position or six minutes after commencing
to tilt, whichever is longer.
(i) "Meltdown and refining" means that phase of the steel
production cycle when charge material is melted and
undesirable elements are removed from the metal.
(j) "Meltdown and refining period" means the time period
commencing at the termination of the initial charging
period and ending at the initiation of the tapping
period, excluding any intermediate charging periods.
(k) "Shop opacity" means the arithmetic average of 24 or
more opacity observations of emissions from the shop
taken in accordance with Method 9 of Appendix A to
this regulation for the applicable time periods.
(1) "Heat time" means the period commencing when scrap is
charged to an empty EAF and terminating when the EAF
tap is completed.
(m) "Shop" means the building which houses one or more
EAF's.
(n) "Direct shell evacuation system" means any system
that maintains a negative pressure within the EAF
above the slag or metal and ducts these emissions to
the control device.
(3) Standard for Particulate Matter
(a) On and after the date on which the performance test
required to be conducted by subsection 12.107 is
completed, no owner or operator subject to the pro-
visions of this subsection shall cause to be
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discharged into the atmosphere from an electric
arc furnace any gases which:
(.i) Exit from a control device and contain
participate matter in excess of 12 mg/dscm
(0.0052 gr/dscf).
(ii) Exit from a control device and exhibit three
percent opacity or greater.
(iii) Exit from a shop and, due solely to operation
of any EAF(s), exhibit greater than zero percent
shop opacity except:
((a)) Shop opacity greater than zero percent,
but less than 20 percent, may occur during
charging periods.
((b)) Shop opacity greater than zero percent,
but less than 40 percent, may occur during
tapping periods.
((c)) Opacity standards under subdivision (a)
(iii) of this division shall apply only
during periods when flow rates and
pressures are being established under
12.424(5)(c) and (f).
((.d)) Where the capture system is operated such
that the roof of the shop is closed
during the charge and the tap, and emis-
sions to the atmosphere are prevented
until the roof is opened after completion
of the charge or tap, the shop opacity
standards under subdivision (a)(iii) of
the division shall apply when the roof
is opened and shall continue to apply
for the length of time defined by the
charging and/or tapping periods.
(b) On and after the date on which the performance test
required to be conducted by subsection 12.107 is
completed, no owner or operator subject to the pro-
visions of this subsection shall cause to be dis-
charged into the atmosphere from dust-handling equip-
ment any gases which exhibit 10 percent opacity or
greater.
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(4) Emission Monitoring
(a) A continuous monitoring system for the measurement
of the opacity of emissions discharged into the
atmosphere from the control device(.s) shall be
installed, calibrated, maintained, and operated by
the owner or operator subject to the provisions of
this subsection.
(b) For the purpose of reports under subsection 12.106(3),
periods of excess emissions that shall be reported
are defined as all six-minute periods during which
the average opacity is three percent or greater.
(5) Monitoring of Operations
(a) The owner or operator subject to the provisions of
this subsection shall maintain records daily of the
following information:
(,i) Time and duration of each charge;
(ii) Time and duration of each tap;
(iii) All flow rate data obtained under subdivision (b)
of this division, or equivalent obtained under
subdivision (d) of this division; and
(iv) All pressure data obtained under subdivision (e)
of this division.
(b) Except as provided under subdivision (d) of this
division, the owner or operator subject to the pro-
visions of this subsection shall install, calibrate,
and maintain a monitoring device that continuously
records the volumetric flow rate through each
separately ducted hood. The monitoring device(s) may
be installed in any appropriate location in the
exhaust duct such that reproducible flow rate monitor-
ing will result. The flow rate monitoring device(s)
shall have an accuracy of_+10 percent over its normal
operating range and shall be calibrated according to
the manufacturer's instructions. The Department
may require the owner or operator to demonstrate the
accuracy of the monitoring device(s) relative to
Methods 1 and 2 of Appendix A of this regulation.
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(c) When the owner or operator of an EAF is required
to demonstrate compliance with the standard under
12.424(_3)(a)(.iii) and at any oth.er time the Department
may require, the volumetric flow rate through each
separately ducted hood shall be determined during all
periods in which the hood is operated for the purpose
of capturing emission from the EAF using the monitor-
ing device under subdivision (b) of this division.
The owner or operator may petition the Department
for re-establishment of these flow rates whenever the
owner or operator can demonstrate to the Department's
satisfaction that the EAF operating conditions upon
which the flow rates were previously established are
no longer applicable. The flow rates determined
during the most recent demonstration of compliance
shall be maintained (or may be exceeded) at the
appropriate level for each applicable period. Opera-
tion at lower flow rates may be considered by the
Department to be unacceptable operation and maintenance
of the affected facility.
(d) The owner or operator may petition and the Department
to approve any alternative method that will provide
a continuous record of operation of each emission
capture system.
(e) Where emissions during any phase of the heat time are
controlled by use of a direct shell evacuation system,
the owner or operator shall install, calibrate, and
maintain a monitoring device that continuously records
the pressure in the free space inside the EAF. The
pressure shall be recorded as 15-minute integrated
averages. The monitoring device may be installed in
any appropriate location in the EAF such that re-
producible results will be obtained. The pressure
monitoring device shall have an accuracy of ±5 mm of
water gauge over its normal operating range and shall
be calibrated according to the manufacturer's
instructions.
(f) When the owner or operator of an EAF is required to
demonstrate compliance with the standard under 12.424
(3)(a)(iii) and at any other time the Department may
require, the pressure in the free space inside the
furnace shall be determined during the meltdown and
refining period(s) using the monitoring device under
subdivision (e) of this division. The owner or opera-
tor may petition the Department for re-establishment
of the 15-minute integrated average pressure whenever
the owner or operator can demonstrate to the Depart-
ment's satisfaction that the EAF operating conditions
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upon which the pressures were previously established
are no longer applicable. The pressure determined
during the most recent demonstration of compliance
shall be maintained at all times the EAF is operat-
ing in a meltdown and refining period. Operation
at higher pressures may be considered by the
Department to be unacceptable operation and
maintenance of the affected facility.
(g) Where the capture system is designed and operated
such that all emissions are captured and ducted to
a control device, the owner or operator shall not be
subject to the requirements of this division.
(6) Test Methods and Procedures
(a) Reference methods in Appendix A of this regulation,
except as provided under subsection 12.107(2), shall
be used to determine compliance with the standards
prescribed under subsection 12.424(3) as follows:
(i) Method 5 for concentration of particulate matter
and associated moisture content;
(ii) Method 1 for sample and velocity traverses;
(iii) Method 2 for velocity and volumetric flow rate;
and
(iv) Method 3 for gas analysis.
(b) For Method 5, the sampling time for each run shall be
at least four hours. When a single EAF is sampled,
the sampling time for each run shall also include
an integral number of heats. Shorter sampling times,
when necessitated by process variables or other
factors, may be approved by the Department. The
minimum sample volume shall be 4.5 dscm (160 dscf).
(c) For the purpose of this subsection, the owner or
operator shall conduct the demonstration of compliance
with subsection 12.424(3)(a)(iii) and furnish the
Department a written report of the results of the
test.
(d) During any performance test required under subsection
12.107 of this regulation, no gaseous dilutents may be
added to the effluent gas stream after the fabric in
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any pressurized fabric filter collector, unless
the amount of dilution is separately determined and
considered in the determination of emissions.
(e) When more than one control device serves the EAF(s)
being tested, the concentration of particulate matter
shall be determined using the following equation:
N
X (C3Qs)n
n = 1
C3 =
6 N
I. (QJn
n = 1 s
where:
03 = Concentration of particulate matter mg/dscm
(gr/dscf) as determined by Method 5.
N = Total number of control devices tested.
Q = Volumetric flow rate of the effluent gas
stream in dscm/hr (dscf/hr) as determined
by Method 2.
(C-Q )n or (Q )n = Value of the applicable parameter
for each control device tested.
(f) Any control device subject to the provisions of
this subsection shall be designed and constructed
to allow measurement of emissions using applicable
test methods and procedures.
(g) Where emissions from any EAF(s) combined with emissions
from facilities not subject to the provisions of this
subsection but controlled by a common capture system
and control device, the owner or operator may use
any of the following procedures during a performance
test:
(i) Base compliance on control of combined emissions.
(ii) Utilize a method acceptable to the Department
which compensates for the emissions from the
facilities not subject to the provisions of this
subsection.
(iii) Any combination of the criteria of subdivisions
(g) and (g)(ii) of this division.
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(h) Where emissions from any EAF(s) are combined with
emissions from facilities not subject to the
provisions of this subsection, the owner or operator
may use any of the following procedures for demon-
strating compliance with subsection 12.424(3)(a)
(111):
(i) Base compliance on control of the combined
emissions.
(ii) Shutdown operation of facilities not subject
to the provisions of this subsection.
(iii) Any combination of the criteria of subdivisions
(h) (i) and (h) (ii) of this division.
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R23-25-12
APPENDIX A - REFERENCE METHODS
The reference methods specified within R23-25-12 are identical to those
specified in Appendix A, as amended, of Title 40 Code of Federal Regulations,
Part 60 (40 CFR 60). The methods, adopted by reference, are as follows:
Method 1 - Sample and Velocity Traverses for Stationary Sources
Method 2 - Determination of Stack Gas Velocity and Volumetric Flow
Rate (Type S Pi tot Tube)
Method 3 - Gas Analysis for Carbon Dioxide, Excess Air, and Dry
Molecular Weight
Method 4 - Determination of Moisture in Stack Gases
Method 5 - Determination of Particulate Emissions from Stationary
Sources
Method 6 - Determination of Sulfur Dioxide Emissions from Stationary
Sources
Method 7 - Determination of Nitrogen Oxide Emissions from Stationary
Sources
Method 8 - Determination of Sulfuric Acid Mist and Sulfur Dioxide
Emissions from Stationary Sources
Method 9 - Visual Determination of the Opacity of Emissions from
Stationary Sources
Method 10 - Determination of Carbon Monoxide Emission from Stationary
Sources
Method 11 - Determination of Hydrogen Sulfide.Emissions from Stationary
Sources
Method 12 - Reserved
Method 13A - Determination of Total Fluoride Emissions from Stationary
Sources - SPADNS Zirconium Lake Method
Method 13B - Determination of Total Fluoride Emissions from Stationary
Sources - Specific Ion Electrode Method
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APPENDIX B - PERFORMANCE SPECIFICATIONS
The performance specifications specified within R23-25-12 are identical to
those specified in Appendix B, as amended, of Title 40 Code of Federal
Regulations, Part 60 (40 CFR 60). The specifications, adopted by reference,
are as follows:
Performance Specification 1 -
Performance specifications and specification
test procedures for transmissometer systems
for continuous measurement of the opacity of
stack emission.
Performance Specification 2 - Performance specifications and specification
test procedures for monitors of SOg and NO
from stationary sources.
Performance Specification 3 - Performance specifications and specification
test procedures for monitors of COp and 02
from stationary sources.
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R23-25-13 EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
(2.0) 13.100 GENERAL PROVISIONS
(2.0) 13.101 Applicability
The provisions of this regulation apply to the owner or
operator of any stationary source for which a standard is
prescribed under this regulation.
(1.0) 13.102 Definitions
As used in this regulation, all terms not defined herein shall
have the meaning given them in the Act or in subsection 1.040.
Terms defined, both in this subsection and in subsection 1.040,
shall have the meaning given them in this subsection:
(1) "Alternative method" means any method of sampling and
analyzing for an air pollutant which is not a reference
method or an equivalent method but which has been
demonstrated to the Department's satisfaction to produce,
in specific cases, results adequate for determination
of compliance.
(2) "Commenced" means that an owner or operator has under-
taken a continuous program of construction or modifica-
tion or that an owner or operator has entered into a
contractual obligation to undertake and complete, within
a reasonable time, a continuous program of construction
or modification.
(3) "Compliance schedule" means the date or dates by which
a source or category of sources is required to comply
with the standards of this regulation and with any steps
toward such compliance which are set forth under sub-
section 13.109.
(4) "Construction" means fabrication, erection, or installation
of a stationary source.
(5) "Effective date" is the date of promulgation in the
North Dakota Air Pollution Control Regulations of an
applicable standard or other limitation under this
regulation.
(6) "Equivalent method" means any method of sampling and
analyzing for an air pollutant which has been demonstrated
to the Department's satisfaction to have a consistent
and quantitatively known relationship to the reference
method, under specified conditions.
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(7) "Existing souce" means any stationary source which is
not a new source.
(8) "Modification" means any physical change in, or change
in the method of operation of, a stationary source which
increases the amount of any hazardous air pollutant
emitted by such source or which results in the emission
of any hazardous air pollutant not previously emitted,
except that:
(a) Routine maintenance, repair, and replacement shall
not be considered physical changes, and
(b) The following shall not be considered a change in
the method of operation:
(i) An increase in the production rate, if such
increase does not exceed the operating design
capacity of the stationary source;
(ii) An increase in hours of operation.
(9) "New source" means any stationary source, the construction
or modification of which is commenced after the effective
date of this regulation.
(10) "Owner or operator" means any person who owns, leases,
operates, controls, or supervises a stationary source.
(11) "Reference method" means any method of sampling and
analyzing for an air pollutant, as described in Appendix
B to this regulation.
(12) "Startup" means the setting in operation of a stationary
source for any purpose.
(13) "Standard" means an emission standard for a hazardous
air pollutant promulgated under this regulation.
(14) "Stationary source" means any building, structure,
facility, or installation which emits or may emit any
air pollutant which has been designated as hazardous
by the Department.
(2.0) 13.103 Abbreviations
The abbreviations used in this part have the following
meanings:
0
C - Degrees Centigrade (Celsius)
fm - Cubic feet f
ft' - Square feet
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ft3 - Cubic feet.
°F - Degrees Fahrenheit
in - Inch
1 - Liter -
ml - Milliliter (10"1* liter)
m - Molar
m3 - Cubic meter g
nm - Nanometer (10 meter)
oz - Ounce
v/v - Volume per volume
ycr - Square yard
w.g. - Water gage
in Hg - Inches of mercury
in H20 - Inches of water
g - Gram _,
mg - Milligram (10" gram)
N - Normal
°R - Degree Rankine
min - Minute
sec. - Second
avg. - Average
I.D. - Inside diameter
O.D. - Outside diameter.
ug - Microgram (10~6 gram)
% - Percent
Hg - Mercury
Be - Beryllium
(2.0) 13.104 Prohibited Activities
(1) After the effective date of any standard prescribed under
this regulation, no owner or operator shall construct or
modify any stationary source subject to such standard
without first obtaining a permit to construct from the
Department, except under an exemption granted by the
President under Section 112(c)(2) of the Federal Clean
Air Act.
(2) After the effective date of any standard prescribed
under this regulation, no owner or operator shall
operate any new source in violation of such standard
except under an exemption granted by the President
under Section 112(c)(2) of the Federal Clean Air Act.
(3) Ninety days after the effective date of any standard
prescribed under this regulation, no owner or operator
shall operate any existing stationary source in violation
of such standard, except under a permit to operate with
an attached compliance schedule granted by the Department
pursuant to subsection 13.108(2) or under an exemption
granted by the President under Section 112(c)(2) of the
Federal Clean Air Act.
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(4) No owner or operator subject to the provisions of
this regulation shall fail to report, revise reports,
or report source test results as required under this
regulation.
(2.0) 13.105 Determination of Construction or Modification
Upon written application by an owner or operator, the
Department shall make a determination of whether actions
taken or intended to be taken by such owner or operator
constitute construction or modification or the commencement
thereof within the meaning of this section. The Department
will, within 30 days of receipt of sufficient information
to evaluate an application, notify the owner or operator of
its determination. Nothing in this subsection, nor any action
taken pursuant to this subsection, shall prevent the Department
from making such a determination upon its own initiative,
nor prevent the Department from making any subsequent re-
determination or taking any other action allowed by law.
(3.0) 13.106 Application for Permit to Construct
(1) The owner or operator of any new source to which a
standard prescribed under this regulation is applicable
shall, prior to the date on which construction or
modification is planned to commence, apply for and
receive a permit to construct as provided in Section
14.200 of these regulations.
(3.0) 13.107 Notification of Startup
(1) Any owner or operator of a source which has an initial
startup date after the effective date of a standard
prescribed under this regulation shall furnish the
Department written notification as follows:
(a) A notification of the anticipated date of initial
startup of the source not more than 60 days nor
less than 30 days prior to such date.
(b) A notification of the actual date of initial
startup of the source within 15 days after such
date.
(3.0) 13.108 Source Reporting and Application for Permit to Operate
(13.0)
(1) The owner or operator of any existing source, or any
new source to which a standard prescribed under this
regulation is applicable which had an initial startup
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date which preceded the effective date of a standard
prescribed under this regulation, shall, within 90
days after the effective date, provide the following
information in writing to the Department:
(a) Name and address of the owner or operator.
(b) The location of the source.
(c) The type of hazardous pollutants emitted by the
stationary source.
(d) A brief description of the nature, size, design
and method of operation of the stationary source
including the operating design capacity of such
source and identify each point of emission for
each hazardous pollutant.
(e) The average weight per month of the hazardous
materials being processed by the source, over the
last 12 months preceding the date of the report.
(f) A description of the existing control equipment
for each emission point, including:
(i) Primary control device(s) for each hazardous
pollutant.
(ii) Secondary control device(s) for each hazardous
pollutant.
(iii) Estimated control efficiency (percent) for each
control device.
(g) A statement by the owner or operator of the source
as to whether he can comply with the standards
prescribed in this regulation within 90 days of
the effective date.
(2) The owner or operator of an existing source unable to
operate in compliance with any standard prescribed under
this regulation may request the Department to grant a
permit to operate with an attached compliance schedule
requiring compliance with the standard within 2 years of
the effective date of such standard. Any request shall
be in writing and shall include the following information:
(a) A description of the controls to be installed to
comply with the standard.
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(b) A compliance schedule, listing the date each step
toward compliance will be reached. Such list
shall include as a minimum the following dates:
(i) Date by which contracts for emission control
systems or process modifications will be
awarded, or date by which orders will be
issued for the purchase of component parts
to accomplish emission control or process
modification;
(ii) Date of initiation of on-site construction
or installation of emission control equipment
or process change;
(iii) Date by which on-site construction or installa-
tion of emission control equipment or process
modification is to be completed; and
(iv) Date by which final compliance is to be
achieved.
(c) A description of interim emission control steps
which will be taken during the compliance schedule
period.
(3) Changes in the information provided under division (1)
of this subsection shall be provided to the Department
within 30 days after such change, except that if changes
will result in modification of the source, the provisions
of 13.106 are applicable.
(4) The format for reporting under this subsection is included
as Appendix A to this regulation. Advice on reporting
the status of compliance may be obtained from the
Department.
(3.0) 13.109 Permit and Compliance Schedule
(6.0)
(1) Based on the information provided in any request under
13.108, or other information, the Department may grant
a permit to operate with an attached compliance schedule
not exceeding 2 years from the effective date of such
standard.
(2) Such permit will be in writing and will, as a minimum:
(a) Identify the stationary source covered.
(b) Specify the date upon which the standard is to be
met. The permit may be revoked or suspended if the
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standard is not met by the date specified or if
the conditions specified under division (2)(c) of
this subsection are not met.
(c) Specify dates by which steps toward compliance are
to be taken; and impose such additional conditions
as the Department determines to be necessary to
assure installation of the necessary controls within
the compliance schedule period, and to assure pro-
tection of the health of persons during such period.
(3) Prior to denying any request for a permit pursuant to
this subsection, the Department will notify the owner
or operator making such request of the Department's
intention to issue such denial, together with:
(a) Notice of the information and findings on which such
intended denial is based, and
(b) Notice of opportunity for such owner or operator to
present, within such time limit as the Department
specifies, additional information or arguments to
the Department prior to final action on such request.
(4) A final determination to deny any request for a permit
under this subsection will be in writing and will set
forth the specific grounds on which such denial is based.
Such final determination will be made within 60 days
after presentation of additional information or argu-
ments, or 60 days after the final date specified for such
presentation, if no presentation is made.
(5) The granting of a permit under this subsection shall not
abrogate the Department's authority under Sections 1.050,
14.209 and 14.306 of these regulations.
(9.0) 13.110 Emission Tests and Monitoring
(1) Emission tests and monitoring shall be conducted and
reported as set forth in this regulation and Appendix
B to this regulation.
(2) The owner or operator of a new source subject to this
regulation, and otherwise at the request of the Depart-
ment, the owner or operator of an existing source subject
to this regulation, shall provide or cause to be pro-
vided, emission testing facilities as follows:
(a) Sampling ports adequate for test methods applicable
to such source.
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(b) Safe sampling platform(s).
(c) Safe access to sampling platform(s).
(d) Utilities for sampling and testing equipment.
(2.0) 13.111 Waiver of Emission Tests
(9.0)
(1) Emission tests may be waived upon written application to
the Department if, in its judgment, the source is meeting
the standard, or if the source is operating under a per-
mit granted under subsection 13.109 or has requested
such permit.
(2) If application for waiver of the emission test is made,
such application shall accompany the information required
by subsection 13.108. The appropriate form is contained
in Appendix A to this regulatio/i.
(3) Approval of any waiver granted pursuant to this subsection
shall not abrogate the Department's authority under the
Act or in any way prohibit the Department from later
canceling such waiver. Such cancellation will be made
only after notice is given to the owner or operator of
the source.
(9.0) 13.112 Source Test and Analytical Methods
(1) Methods 101, 102, and 104 in Appendix B to this regulation
shall be used for all source tests required under this
regulation, unless an equivalent method or an alternative
method has been approved by the Department.
(2) Method 103 in Appendix B to this regulation is hereby
approved by the Department as an alternative method for
sources subject to 13.303(1) and 13.403(2).
(3) The Department may, after notice to the owner or operator,
withdraw approval of an alternative method granted under
divisions (1), (2) or (4) of this subsection. Where the
test results using an alternative method do not adequately
indicate whether a source is in compliance with a standard,
the Department may require the use of the reference
method or its equivalent. "
(4) Method 105 in Appendix B to this regulation is hereby
approved by the Department as an alternative method
for sources subject to 13.503(2).
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(14.0) 13.113 Availability of Information
(1) Emission data provided to, or otherwise obtained by,
the Department in accordance with the provisions of
this regulation shall be available to the public.
(2) Any records, reports, or information, other than emission
data, provided to, or otherwise obtained by, the Depart-
ment in accordance with the provisions of this regulation
shall be available to the public, except that upon a
showing satisfactory to the Department by any person
that such records, reports, or information, or particular
part thereof (other than emission data), if made public,
would divulge methods or processes entitled to protection
as trade secrets of such person, the Department will
consider such records, reports, or information, or
particular part thereof, confidential in accordance with
the purposes of Section 1905 of Title 18 of the United
States Code, except that such records, reports, or infor-
mation, or particular part thereof, may be disclosed to
other officers, employees, or authorized representatives
of the State and Federal Government concerned with
carrying out the provisions of the Act or when relevant
in any proceeding under the Act.
(2.0) 13.114 Circumvention
No owner or operator subject to the provisions of this regula-
tion shall build, erect, install, or use any article, machine,
equipment, process, or method, the use of which conceals an
emission which would otherwise constitute a violation of an
applicable standard. Such concealment includes, but is not
limited to, the use of gaseous dilutants to achieve compliance
with a visible emissions standard, and the piecemeal carrying
out of an operation to avoid coverage by a standard that
applies only to operations larger than a specified size.
(50.7) 13.200 EMISSION STANDARD FOR ASBESTOS
(2.0) 13.201 Applicability
The provisions of this section are applicable to those sources
specified in 13.203.
(1.0) 13.202 Definitions
As used in this section, all terms not defined in this sub-
section shall have the meaning given them in the Act or in
subsection 13.102.
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(1) ."Asbestos" means actinolite, amosite, anthophyllite,
chrysotile, crocidolite, tremolite.
(2) "Asbestos material" means asbestos or any material
containing asbestos.
(3) "Particulate asbestos material" means finely divided
particles of asbestos material.
(4) "Asbestos tailings" means any solid waste product of
asbestos mining or milling operations which contains
asbestos.
(5) "Outside air" means the air outside buildings and
structures.
(6) "Visible emissions" means any emissions which are
visually detectable without the aid of instruments
and which contain particulate asbestos material.
(7) "Asbestos mill" means any facility engaged in the
conversion of asbestos ore into commercial asbestos.
Outside storage of asbestos materials is not considered
a part of such facility.
(8) "Commercial asbestos" means any variety of asbestos
which is produced by extracting asbestos from asbestos
ore.
(9) "Manufacturing" means the combining of commercial
asbestos, or in the case of woven fraction products,
the combining of textiles containing commercial asbestos,
with any other material(s), including commercial asbestos,
and the processing of this combination into a product
as specified in 13.203.
(10) "Demolition" means the wrecking or taking out of any
load-supporting structural member and any related
removing or stripping of friable asbestos materials.
(11) "Friable asbestos material" means any material that
contains more than 1 percent asbestos by weight and
that can be crumbled, pulverized, or reduced to powder,
when dry, by hand pressure.
(12) "Control device asbestos waste" means any asbestos-
containing waste material that is collected in a pollu-
tion control device.
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(13) "Renovation" means the removing or stripping of friable
asbestos material used to insulate or fireproof any
pipe, duct, boiler, tank, reactor, turbine, furnace, or
structural member. Operations in which load-supporting
structural members are wrecked or taken out are excluded.
(14) "Planned renovation" means a renovation operation, or a
number of such operations, in which the amount of
friable asbestos material that will be removed or
stripped within a given period of time can be predicted.
Operations that are individually non-scheduled are
included, provided a number of such operations can be
predicted to occur during a given period of time based
on operating experience.
(15) "Emergency renovation" means a renovation operation that
results from a sudden, unexpected event, and is not a
planned renovation. Operations necessitated by non-
routine failures of equipment are included.
(16) "Adequately wetted" means sufficiently mixed or coated
with water or an aqueous solution to prevent dust emissions.
(17) "Removing" means taking out friable asbestos materials
used to insulate or fireproof any pipe, duct, boiler,
tank, reactor, turbine, furnace, or structural member
from any building, structure, facility, or installation.
(18) "Stripping" means taking off friable asbestos materials
used for insulation or fireproofing from any pipe, duct,
boiler, tank, reactor, turbine, furnace, or structural
member.
(19) "Fabricating" means any processing of a manufactured
product containing commercial asbestos, with the excep-
tion of processing at temporary sites for the construction
or restoration of buildings, structures, facilities or
installations.
(20) "Inactive waste disposal site" means any disposal site
or portion thereof where additional asbestos-containing
waste material will not be deposited and where the
surface is not disturbed by vehicular traffic.
(21) "Active waste disposal site" means any disposal site
other than an inactive site.
(22) "Roadways" means surfaces on which motor vehicles travel
including, but not limited to, highways, roads, streets,
parking areas, and driveway.
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(23) "Asbestos-containing waste material" means any waste
which contains commercial asbestos and is generated
by a source subject to the provisions of this section,
including asbestos mill tailings, control device
asbestos waste, friable asbestos waste material, and
bags or containers that previously contained commercial
asbestos.
(50.7) 13.203 Emission Standard
(1) Asbestos mills: There shall be no visible emissions
to the outside air from any asbestos mill except as
provided in division (6) of this subsection.
(2) Roadways: The surfacing of roadways with asbestos
tailings or with asbestos-containing waste that is
generated by any source subject to divisions (.3), (4),
(5) or (8) of this subsection is prohibited, except
for temporary roadways on an area of asbestos ore
deposits. The deposition of asbestos tailings or
asbestos-containing waste on roadways covered with
snow or ice is considered "surfacing."
(3) Manufacturing: There shall be no visible emissions to
the outside air, except as provided in division (6) of
this subsection, from any of the following operations
if they use commercial asbestos or from any building or
structure in which such operations are conducted.
*
(a) The manufacture of cloth, cord, wicks, tubing,
tape, twine,, rope, thread, yarn, roving, lap,
or other textile materials.
(b) The manufacture of cement products.
(c) The manufacture of fireproofing and insulating
materials.
(d) The manufacture of fraction products.
(e) The manufacture of paper, millboard, and felt.
(f). The manufacture of floor tile.
(g) The manufacture of paints, coatings, caulks,
adhesives, sealants.
(h) The manufacture of plastics and rubber materials.
(i) The manufacture of chlorine.
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(j) The manufacture of shotgun shells.
(k) The manufacture of asphalt concrete,
(4) Demolition and renovation: The requirements of this
division shall apply to any owner or operator of a
demolition or renovation operation who intends to
demolish any institutional, commercial, or industrial
building (including apartment buildings having more
than four dwelling units), structure, facility,
installation, or portion thereof which contains any
pipe, duct, boiler, tank, reactor, turbine, furnace,
or structural member that is insulated or fireproofed
with friable asbestos material, except as provided in
division (4)(a) of this subsection; or who intends to
renovate any institutional, commercial, or industrial
building, structure, facility, installation, or portion
thereof where more than 80 meters (ca. 260 feet) of
pipe insulated or fireproofed with friable asbestos
material are stripped or removed, or more than 15 square
meters (ca. 160 square feet) of friable asbestos material
used to insulate or fireproof any duct, boiler, tank,
reactor, turbine, furnace, or structural member are
stripped or removed.
(a) (i) The owner or operator of a demolition operation
is exempted from the requirements of this
division provided, (1) the amount of friable
asbestos material in the building or portion
thereof to be demolished is less than 80 meters
(ca. 260 feet) used to insulate pipes, and less
than 15 square meters (ca. 160 square feet)
used to insulate or fireproof any duct, boiler,
tank, reactor, turbine, furnace, or structural
member, and (2) the notification requirements
of division (4)(a)(ii) are met.
(ii) Written notification shall be postmarked or
delivered to the Department at least 20 days
prior to commencement of demolition and shall
include the information required by division
(4)(b) of this subsection, with the exception
of the information required by divisions (4)
(b)(iii), (vl), (vii), (viii), and (ix), and
shall state the measured or estimated amount
of friable asbestos material used for insulation
and fireproofing which is present. Techniques
of estimation shall be explained.
(b) Written notice of intention to demolish or renovate
shall be provided to the Department by the owner or
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operator of the demolition or renovation operation.
Such notice shall be postmarked or delivered to the
Department at least 10 days prior to commencement
of demolition, or as early as possible prior to
commencement of emergency demolition subject to
division (4)(f) of this subsection, and as early
as possible prior to commencement of renovation.
Such notice shall include the following information;
(i) Name of owner or operator.
(ii) Address of owner or operator.
(iii) Description of the building, structure, facil~
ity, or installation to be demolished or
renovated, including the size, age, and prior
use of the structure, and the approximate
amount of friable asbestos material used for
insulation and fireproofing.
(iv) Address or location of the building, structure,
facility, or installation.
(v) Scheduled starting and completion dates of
demolition or renovation.
(vi) Nature of planned demolition or renovation
and method(s) to be employed.
(vii) Procedures to be employed to meet the require-
ments of this division and division (10) of
this subsection.
(viii) The name and address or location of the waste
disposal site where the friable asbestos waste
will be deposited.
(ix) Name, title, and authority of the State or
local government representative who has ordered
a demolition which is subject to division (4)
(f) of this subsection.
(c) (i) For purposes of determining, whether a planned
renovating operation constitutes a renovation
within the meaning of this division, the
amount of friable asbestos material to be
removed or stripped shall be:
((a)) For planned renovating operations involving
individually non-scheduled operations, the
additive amount of friable asbestos material
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that can be predicted will be removed or
stripped at a source over the maximum
period of time for which a prediction
can be made. The period shall be not
less than 30 days and not longer than
one year.
((b)) For each planned renovating operation
not covered by division (4)(c)(.i)((a)),
the total amount of friable asbestos
material that can be predicted will be
removed or stripped at a source.
(ii) For purposes of determining whether an emer-
gency renovating operation.constitutes a
renovation within the meaning of this division,
the amount of friable asbestos material to be
removed or stripped shall be the total amount of
friable asbestos material that will be removed
or stripped as a result of the sudden, unexpected
event that necessitated the renovation.
(d) The following procedures shall be used to prevent
emissions of particulate asbestos material to out-
side air:
(i) Friable asbestos materials, used to insulate
or fireproof any pipe, duct, boiler, tank,
reactor, turbine, furnace, or structural
member, shall be removed from any building,
structure, facility or installation subject
to this division. Such removal shall occur
before wrecking or dismantling of any portion
of such building, structure, facility, or in-
stallation that would break up the friable
asbestos materials and before wrecking or
dismantling of any other portion of such build-
ing, structure, facility, or installation that
would preclude access to such materials for
subsequent removal. Removal of friable asbestos
materials used for insulation or fireproofing
of any pipe, duct, or structural member which
are encased in concrete or other similar
structural material is not required prior to
demolition, but such material shall be ade-
quately wetted whenever exposed during demoli-
tion.
(ii) Friable asbestos materials used to insulate or
fireproof pipes, ducts, boilers, tanks, reactors,
turbines, furnaces, or structural members shall
be adequately wetted during stripping, except
as provided in division (4)(d)(iv), (4)(d)(vi),
or (4)(d)(vii) of this subsection.
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(iii) Pipes, ducts, boilers, tanks, reactors, tur-
bines, furnaces, or structural members that
are insulated or fireproofed with friable asbes-
tos materials may be taken out of any building,
structure, facility, or installation subject to
this division as units or in sections provided
the friable asbestos materials exposed during
cutting or disjointing are adequately wetted
during the cutting or disjointing operation.
Such units shall not be dropped or thrown to
the ground, but shall be carefully lowered to
ground level.
(iv) The stripping of friable asbestos materials
used to insulate or fireproof any pipe, duct,
boiler, tank, reactor, turbine, furnace, or
structural member that has been removed as a
unit or in sections as provided in division
(4)(d)(iii) of this section shall be performed
in accordance with division (4)Cd)(ii) of this
subsection. Rather than comply with the wetting
requirement, a local exhaust ventilation and
collection system may be used to prevent emis-
sions to the outside air. Such local exhaust
ventilation systems shall be designed and
operated to capture the asbestos particulate
matter produced by the stripping of friable
asbestos material. There shall be no visible
emissions to the outside air from such local
exhaust ventilation and collection systems
except as provided in division (6) of this
subsection.
(v) All friable asbestos materials that have been
removed or stripped shall be adequately wetted
to ensure that such materials remain wet during
all remaining stages of demolition or renova-
tion and related handling operations. Such
materials shall not be dropped or thrown to
the ground or a lower floor. Such materials
that have been removed or stripped more than
50 feet above ground level, except those mater-
ials removed as units or in sections, shall be
transported to the ground via dust-tight chutes
or containers.
(vi) Except as specified below, the wetting require-
ments of this division are suspended when the
temperature at the point of wetting is below
0°C (32°F). When friable asbestos materials
are not wetted due to freezing temperatures,
such materials on pipes, ducts, boilers, tanks,
reactors, turbines, furnaces, or structural
members shall, to the maximum extent possible,
be removed as units or in sections prior to
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wrecking. In no case shall the requirements
of division (4)(d)(iv) or C4)(d)(v) be sus-
pended due to freezing temperatures.
(vii) For renovation operations, local exhaust venti-
lation and collection systems may be used,
instead of wetting as specified in division
(4)(d)(ii), to prevent emissions of particulate
asbestos material to outside air when damage
to equipment resulting from the wetting would
be unavoidable. Upon request and supply of
adequate information, the Department will
determine whether damage to equipment result-
ing from wetting to comply with the provisions
of this division would be unavoidable. Such
local exhaust ventilation systems shall be
designed and operated to capture the asbestos
particulate matter produced by the stripping
and removal of friable asbestos material.
There shall be no visible emissions to the
outside air from such local exhaust ventilation
and collection systems, except as provided
in division (6) of this subsection.
(e) Sources subject to this division are exempt from the
requirements of subsections 13.104(1), 13.106, and
13.107.
(f) The demolition of a building, structure, facility,
or installation, pursuant to an order of an authorized
representative of a State or local governmental agency,
issued because that building is structurally unsound
and in danger of imminent collapse is exempt from all
but the following requirements of division (4) of
this subsection:
(i) The notification requirements specified by
division (4)(b) of this subsection;
(ii) The requirements on stripping of friable asbestos
materials from previously removed units or
sections as specified in division (4)(d)(iv)
of this subsection;
(iii) The wetting, as specified by division (4)(d)(v)
of this subsection, of friable asbestos mater-
ials that have been removed or stripped;
(iv) The portion of the structure being demolished
that contains friable asbestos materials shall be
adequately wetted during the wrecking operation.
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(5) Spraying: There shall be no visible emissions to the
outside air from the spray-on application of materials
containing more than 1 percent asbestos, on a dry weight
basis, used to insulate or fireproof equipment and
machinery, except as provided in division (6) of this
subsection. Spray-on materials used to insulate or
fireproof buildings, structures, pipes, and conduits
shall contain less than 1 percent asbestos on a dry
weight basis.
(a) Sources subject to this division are exempt from
the requirements of 13.104(1), 13.106 and 13.107.
(b) Any owner or operator who intends to spray asbestos
materials which contain more than 1 percent asbestos
on a dry weight basis to insulate or fireproof equip-
ment and machinery shall report such intention to
the Department at least 20 days prior to the com-
mencement of the spraying operation. Such report
shall include the following information:
(i) Name of owner or operator.
(ii) Address of owner or operator.
(iii) Location of spraying operation.
(iv) Procedures to be followed to meet the require-
ments of this division.
(6) Rather than meet the no-visible-emission requirements
as specified by divisions (1), (3), (4), (5), (8), (10)
and (11) of this subsection, an owner or operator may
elect to use the methods specified by subsection 13,204
to clean emissions containing particulate asbestos
material before such emissions escape to, or are vented
to, the outside air.
(7) Where the presence of uncombined water is the sole
reason for failure to meet the no-visible-emission
requirement of divisions (1), (3), (4), (5), (8), (10)
or (11) of this subsection, such failure shall not be
a violation of such emission requirements.
(8) Fabricating: There shall be no visible emissions to the
outside air, except as provided in division (6) of this
subsection, from any of the following operations if they
use commercial asbestos or from any building or structure
in which such operations are conducted.
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(a) The fabrication of cement building products.
(b) The fabrication of friction products, except those
operations that primarily install asbestos friction
materials on motor vehicles.
(c) The fabrication of cement or silicate board for
ventilation hoods; ovens; electrical panels; labora-
tory furniture; bulkheads, partitions and ceilings
for marine construction; and flow control devices
for the molten metal industry.
(9) Insulating: Molded insulating materials which are friable
and wet-applied insulating materials which are friable
after drying, installed after the effective date of these
regulations, shall contain no commercial asbestos. The
provisions of this division do not apply to insulating
materials which are spray applied; such materials are
regulated under subsection 13.203(5).
(10) Waste disposal for manufacturing, fabricating, demolition,
renovation and spraying operations: The owner or operator
of any source covered under the provisions of divisions
(3), (4), (5), or (8) of this subsection shall meet the
following standards:
(a) There shall be no visible emissions to the outside
air, except as provided in division (10)(c) of this
subsection, during the collection; processing,
including incineration; packaging; transporting;
or deposition of any asbestos-containing waste
material which is generated by such source.
(b) All asbestos-containing waste material shall be
deposited at waste disposal sites which are operated
in accordance with the provisions of subsection 13.206.
(c) Rather than meet the requirement of division (10)(a)
of this subsection, an owner or operator may elect
to use either of the disposal methods specified under
(10)(c)(i) and (ii) of this subsection, or an alter-
native disposal method which has received prior
approval by the Department:
(i) Treatment of asbestos-containing waste material
wi th water:
((a)) Control .device asbestos waste shall be
thoroughly mixed with water into a slurry
and other asbestos-containing waste material
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shall be adequately wetted. There shall
be no visible emissions to the outside
air from the collection, mixing and wetting
operation except as provided in division
(6) of this subsection.
((b)) After wetting, all asbestos-containing
waste material shall be sealed into leak-
tight containers while wet, and such con-
tainers shall be deposited at waste disposal
sites which are operated in accordance with
the provisions of subsection 13.206.
((c)) The containers specified under division
(I0)(c)(1)((b)) of this subsection shall
be labeled with a warning label that states:
CAUTION
Contains Asbestos
Avoid Opening or Breaking Container
Breathing Asbestos is Hazardous
to Your Health
Alternatively, warning labels specified
by Occupational Safety and Health Standards
of the Department of Labor, Occupational
Safety and Health Administration (OSHA)
under 29 CFR 1910.93a-(g)(2)(ii) may be
used.
(ii) Processing of asbestos-containing waste material
into non-friable forms:
((a)) All asbestos-containing waste material shall
be formed into non-friable pellets or other
shapes and deposited at waste disposal
sites which are operated in accordance with
the provisions of subsection 13.206.
((b)) There shall be no visible emissions to the
outside air from the collection and pro-
cessing of asbestos-containing waste material
except as specified in division (6) of this
subsection.
(d) For the purposes of this division (10), the term all
asbestos-containing waste material as applied to
demolition and renovation operations covered by
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division (4) of this subsection includes only
friable asbestos waste and control device asbestos
waste.
(11) Waste disposal for asbestos mills: The owner or operator
of any source covered under the provisions of division
(1) of this subsection shall meet the following standard:
(a) There shall be no visible emissions to the outside
air, except as provided in division (ll)(c) of this
subsection, during the collection, processing,
packaging, transporting or deposition of any asbestos-
containing waste material which is generated by such
source.
(b) All asbestos-containing waste material shall be
deposited at waste disposal sites which are operated
in accordance with the provisions of subsection
13.206.
(c) Rather than meet the requirement of division (ll)(a)
of this subsection, an owner or operator may elect
to meet the following requirements in division (11)
(c)(i) and (ii), or use an alternative disposal
method which has received prior approval by the
Department:
(i) There shall be no visible emissions to the out-
side air from the transfer of control device
asbestos waste to the tailings conveyor, except
as provided in division (6) of this subsection.
Such waste shall be subsequently processed
either as specified in division (H)(c)(ii) of
this subsection or as specified in division
(10)(c) of this subsection.
(ii) All asbestos-containing waste material shall be
adequately mixed, with a wetting agent recom-
mended by the manufacturer of the agent to
effectively wet dust and tailings, prior to
deposition at a waste disposal site. Such agent
shall be used as recommended for the particular
dust by the manufacturer of the agent. There,
shall be no discharge of visible emissions to
the outside air from the wetting operation except
as specified in division (5) of this subsection.
Wetting may be suspended when the ambient temper-
ature at the waste disposal site is less than
-9.5°C (ca. 15°F). The ambient air temperature
shall be determined by an appropriate measure-
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merit method with an accuracy of 41°C(+2°F) and
recorded at least at hourly intervals during
the period that the operation of the wetting
system is suspended. Records of such temperature
measurements shall be retained at the source
for a minimum of two years and made available
for inspection by the Department.
(12) The owner of any inactive waste disposal site, which was
operated by sources covered under subsection 13.203(1),
(3), or (8) and where asbestos-containing waste material
produced by such sources was deposited, shall meet the
following standards:
(a) There shall be no visible emissions to the outside
air from an inactive waste disposal site subject to
this division, except as provided in division (12)
(e) of this subsection.
(b) Warning signs shall be displayed at all entrances,
and along the property line of the site or along
the perimeter of the sections of the site where
asbestos-containing waste material was deposited,
at intervals of 100 m (ca. 330 ft.) or less, except
as specified in division (12)(d) of this subsection.
Signs shall be posted in such a manner and location
that a person may easily read the legend. The warn-
ing signs required by this division shall conform to
the requirements of 20" x 14" upright format signs
specified in 29 CFR 1910.145-(d)(4) and this divi-
sion. The signs shall display the following legend
in the lower panel, with letter sizes and styles of
a visibility at least equal to those specified in
this division.
LEGEND
ASBESTOS WASTE DISPOSAL SITE
Do Not Create Dust
Breathing Asbestos is Hazardous
to Your Health
Notation
1" Sans Serif, Gothic or Block
3/4" Sans Serif, Gothic or Block
14 Point Gothic
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Spacing between lines shall be at least equal to
the height of the upper of the two lines.
(c) The perimeter of the site shall be fenced in a
manner, adequate to deter access by the general
public, except as specified in division (12)(d)
of this subsection.
(d) Warning signs and fencing are not required where
the requirements of divisions (12)(e)(i) or (ii)
of this subsection are met, or where a natural
barrier adequately deters access by the general
public. Upon request and supply of appropriate
information, the Department will determine whether
a fence or a natural barrier adequately deters
access to the general public.
(e) Rather than meet the requirement of division (12)(a)
of this subsection, an owner may elect to meet the
requirements of this subsection or may use all
alternative control method for emissions from inactive
waste disposal sites which has received prior approval
by the Department.
(i) The asbestos-containing waste material shall be
covered with at least 15 centimeters (ca. 6
inches) of compacted non-asbestos-containing
material, and a cover of vegetation shall be
grown and maintained on theajea adequate to
prevent exposure of the asbestos-containing
waste material; or
(ii) The asbestos-containing waste material shall be
covered with at least 60 centimeters (ca. 2
feet) of compacted non-asbestos-containing
material and maintained to prevent exposure of
the asbestos-containing waste; or
(iii) For inactive waste disposal sites for asbestos
tailings, a resinous or petroleum-based dust
suppression agent which effectively binds dust
and controls wind erosion shall be applied.
Such agent shall be used as recommended for
the particular asbestos tailings by the dust
suppression agent manufacturer. Other equally
effective dust suppression agents may be used
upon prior approval by the Department. For
purposes of this division, waste crankcase oil
is not considered a dust suppression agent.
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(8.0) 13.204 Air-Cleaning
If air-cleaning is elected, as permitted by 13.203(6) and
13.203(4)(d)(iv), the requirements of this subsection must
be met.
(1) Fabric filter collection devices must be used, except
as noted in divisions (2) and (3) of this subsection.
Such devices must be operated at a pressure drop of
no more than 4 inches water gage, as measured across
the filter fabric. The airflow permeability, as deter-
mined by ASTM Method D737-69, must not exceed 30
ft3/min/ft2 for woven fabrics or 35 ft3/min/ft2 for
felted fabrics, except that 40 ft^/min/ft^ for woven
and 45 ft3/min/ft2 for felted fabrics is allowed for .
filtering air from asbestos ore dryers. Each square
yard of felted fabric must weigh at least 14 ounces and
be at least one-sixteenth inch thick throughout. Synthetic
fabrics must not contain fill yarn other than that which
is spun.
(2) If the use of fabric filters creates a fire or explosion
hazard, the Department may authorize the use of wet
collectors designed to operate with a unit contacting
energy of at least 40 inches water gage pressure.
(3) The Department may authorize the use of filtering equip-
ment other than that described in divisions (1) and (.2)
of this subsection if the owner or operator demonstrates
to the satisfaction of the Department that the filtering
of particulate asbestos material is equivalent to that
of the described equipment.
(4) All air-cleaning equipment authorized by this subsection
must be properly installed, used, operated, and main-
tained. Bypass devices may be used only during upset
or emergency conditions and then only for so long as it
takes to shut down the operation generating the particulate
asbestos material.
(13.0) 13.205 Reporting
The owner or operator of any existing source to which this
section is applicable shall, within 90 days after the effective
date, provide the following information to the Department.
(1) A description of the emission control equipment used for
each process;
(2) If the fabric filter device is used to control emissions, the
pressure drop across the fabric filter in inches water gage.
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(a) If the fabric filter device utilizes a woven fabric
the airflow permeability in ft3/min/ft2; and, if
the fabric is synthetic, indicate whether the fill
yarn is spun or not spun,
(b) If the fabric filter device utilizes a felted
fabric, the density in oz/yd2, the minimum thickness
in inches, and the airflow permeability in ft^/min/ft^.
(3) For sources subject to subsections 13.203(10) and
13.203(11):
(a) A brief description of each process that generates
asbestos-containing waste material.
(b) The average weight of asbestos-containing waste
material disposed of, measured in kg/day.
(c) The emission control methods used in all stages
of waste disposal.
(d) The type of disposal site or incineration site used
for ultimate disposal, the name of the site operator,
and the name and location of the disposal site.
(4) For sources subject to subsection 13.203(12):
(a) A brief description of the site.
(b) The method or methods used to comply with the
standard, or alternative procedures to be used.
(5) Such information shall accompany the information required
by subsection 13.108. The information described in this
subsection shall be reported using the format of Appendix
A of this regulation.
(51.9) 13.206 Waste Disposal Sites
In order to be an acceptable site for disposal of asbestos-
containing waste material under subsection 13.203(10) and (11),
an active waste disposal site shall meet the requirements of
this subsection.
(1) There shall be no visible emissions to the outside air
from any active waste disposal site where asbestos-
containing waste material has been deposited, except as
provided in division (5) of this subsection.
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(2) Warning signs shall be displayed at all entrances, and
along the property line of the site or along the perimeter
of the sections of the site where asbestos-containing
waste material is deposited, at intervals of 100 m
(ca. 330 ft) or less except as specified in division (4)
of this subsection. Signs shall be posted in such a
manner and location that a person may easily read the
legend. The warning signs required by this division
shall conform to the requirements of 20" x 14" upright
format signs specified in 29CFR 1910.145(d)(4) and this
division. The signs shall display the following legend
in the lower panel, with letter sizes and styles of a
visibility at least equal to those specified in this
division.
LEGEND
ASBESTOS WASTE DISPOSAL SITE
Do Not Create Dust
Breathing Asbestos
is Hazardous to Your Health
Notation
1" Sans Serif, Gothic or Block
3/4" Sans Serif, Gothic or Block
14 Point Gothic
Spacing between lines shall be at least equal to the
height of the upper of the two lines.
(3) The perimeter of the disposal site shall be fenced in order
to adequately deter access to the general public except as
specified in division (4) of this subsection.
(4) Warning signs and fencing are not required where the
requirements of division (5)(a) of this subsection are
met, or where a natural barrier adequately deters access
to the general public. Upon request and supply of appro-
priate information, the Department will determine whether
a fence or a natural barrier adequately deters access
to the general public.
(5) Rather than meet the requirements of division (1) of this
subsection, an owner or operator may elect to meet the
requirements of division (5)(a) or (5)(b) of this sub-
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section, or may use an alternative control method for
emissions from active waste disposal sites which has
received prior approval by the Department.
(a) At the end of each operating day, or at least once
every 24-hour period while the site is in continuous
operation, the asbestos-containing waste material
which was deposited at the site during the operating
day or previous 24-hour period shall be covered with
at least 15 centimeters (ca. 6 inches) of compacted
non-asbestos-containing material.
(b) At the end of each operating day, or at least once
every 24-hour period while the disposal site is in
continuous operation, the asbestos-containing waste
material which was deposited at the site during the
operating day or previous 24-hour period shall be
covered with a resinous or petroleum-based dust
suppression agent which effectively binds dust and
controls wind erosion. Such agent shall be used as
recommended for the particular dust by the dust
suppression agent manufacturer. Other equally
effective dust suppression agents may be used upon
prior approval by the Department, For purposes of
this division, waste crankcase oil is not considered
a dust suppression agent.
(50.7) 13.300 EMISSION STANDARD FOR BERYLLIUM
(2.0) 13.301 Applicability
The provisions of this section are applicable to the following
stationary sources:
(1) Extraction plants, ceramic plants, foundries, incinerators,
and propel 1 ant plants which process beryllium ore,
beryllium, beryllium oxide, beryllium alloys, or beryllium-?
containing waste.
(2) Machine shops which process beryllium, beryllium oxides,
or any alloy when such alloy contains more than 5 percent
beryllium by weight.
(1.0) 13.302 Definitions
As used in this section, all terms not defined in this sub-
section shall have the meaning given to them in the Act or
in subsection 13.102.
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(1) "Beryllium" means the element beryllium. Where weights
or concentrations are specified, such weights or con-
centrations apply to beryllium only, excluding the
weight or concentration of any associated elements.
(2) "Extraction plant" means a facility chemically processing
beryllium ore to beryllium metal, alloy, or oxide, or
performing any of the intermediate steps in these pro-
cesses.
(3) "Beryllium ore" means any naturally occurring material
mined or gathered for its beryllium content.
(4) "Machine shop" means a facility performing cutting, grind-
ing, turning, honing, milling, deburring, lapping,
electrochemical machining, etching, or other similar
operations.
(5) "Ceramic plant" means a manufacturing plant producing
ceramic items.
(6) "Foundry" means a facility engaged in the melting or
casting of beryllium metal or alloy.
(7) "Beryllium-containing waste" means material contaminated
with beryllium and/or beryllium compounds used or generated
during any process or operation performed by a source
subject to this section.
(8) "Incinerator" means any furnace used in the process of
burning waste for the primary purpose of reducing the
volume of the waste by removing combustible matter.
(9) "Propellant" means a fuel and oxidizer physically or
chemically combined which undergoes combustion to provide
rocket propulsion.
(10) "Beryllium alloy" means any metal to which beryllium has
been added in order to increase its beryllium content and
which contains more than 0.1 percent beryllium by weight.
(11) "Propel!ant plant" means any facility engaged in the
mixing, casting, or machining of propel!ant.
(50.7) 13.303 Emission Standard
(1) Emissions to the atmosphere from stationary sources
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subject to the provisions of this section shall not
exceed 10 grams of beryllium over a 24-Jiour period,
except as provided in division (2) of this subsection,
(2) Rather than meet the requirement of division (1) of
this subsection, an owner or operator may request
approval from the Department to meet an ambient con-
centration limit on beryllium in the vicinity of the
stationary source of 0.01 ug/m3, averaged over a 30-day
period.
(a) Approval of such requests may be granted by the
Department provided that:
(i) At least 3 years of data is available which in
the judgment of the Department demonstrates
that the future ambient concentrations of beryl-
lium in the vicinity of the stationary source
will not exceed 0.01 ug/m3, averaged over a
30-day period. Such 3-year period shall be the
3 years ending 30 days before the effective
date of this standard.
(ii) The owner or operator requests such approval
in writing within 30 days after the effective
date of this standard.
(iii) The owner or operator submits a report to the
Department within 45 days after the effective
date of this standard which report includes
the following information:
((a)) Description of sampling method including
the method and frequency of calibration.
((b)) Method of sample analysis.
((c)) Averaging technique for determining 30-
day average concentrations.
((d)) Number, identity, and location (address,
coordinates, or distance and heading from
plant) of sampling sites.
((e)) Ground elevations and height above ground
of sampling inlets.
((f)) Plant and sampling area plots showing
emission points and sampling sites. Topor
graphic features significantly affecting
dispersion including plant building heights
and locations shall be included.
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((g)) Information necessary for estimating
dispersion including stack height, inside
diameter, exit gas temperature, exit
velocity or flow rate, and beryllium
concentration,
((.h)) A description of data and procedures
(methods or models) used to design the
air sampling network (i,e., number and
location of sampling sites).
((i)) Air sampling data indicating beryllium con-
centrations in the vicinity of the sta-
tionary source for the 3-year period speci-
fied in division (2)(a) of this subsection,
This data shall be presented chronologi-
cally and include the beryllium concentra-
tion and location of each individual
sample taken by the network and the
corresponding 30-day average beryllium
concentrations.
(b) Within 60 days after receiving such report, the
Department will notify the owner or operator in
writing whether approval is granted or denied.
Prior to denying approval to comply with the pro-
visions of division (2) of this subsection, the
Department will consult with representatives of the
stationary source for which the demonstration report
was submitted.
(3) The burning of beryllium and/or beryl lium-j-contaim'ng
waste, except propel1 ants, is prohibited except in incinr
erators, emissions from which must comply with the standard.
(9.0) 13.304 Stack Sampling
(1) Unless a waiver of emission testing is obtained under
13.111, each owner or operator required to comply with
13.303(1) shall test emissions from his source,
(a) Within 90 days of the effective date in the case of
an existing source or a new source which has an
initial startup date preceding the effective date; or
(b) Within 90 days of startup in the case of a new source
which did not have an initial startup date preceding
the effective date.
(2) The Department shall be notified at least 30 days prior
to an emission test so that it may observe the test,
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(3) Samples shall be taken over such a period or periods
as are necessary to accurately determine the maximum
emissions which will occur in any 24-hour period.
Where emissions depend upon the relative frequency of
operation of different types of processes, operating
hours, operating capacities, or other factors, the
calculation of maximum 24-hour-period emissions will
be based on that combination of factors which is
likely to occur during the subject period and which
result in the maximum emissions. No changes in the
operation shall be made, which would potentially
increase emissions above that determined by the most
recent source test, until a new emission level has
been estimated by calculation and the results reported
to the Department.
(4) All samples shall be analyzed and beryllium emissions
shall be determined within 30 days after the source
test. All determinations shall be reported to the
Department by a registered letter dispatched before
the close of the next business day following such
determination.
(5) Records of emission test results and other data needed
to determine total emissions shall be retained at the
source and made available, for inspection by the Depart-*
ment, for a minimum of 2 years.
(9.0) 13.305 Air Sampling
(1) Stationary sources subject to 13.303(2) shall locate air
sampling sites in accordance with a plan approved by the
Department. Such sites shall be located in such a manner
as is calculated to detect maximum concentrations of
beryllium in the ambient air.
(2) All monitoring sites shall be operated continuously
except for a reasonable time allowance for instrument
maintenance and calibration, for changing filters, or
for replacement of equipment needing major repair.
(3) Filters shall be analyzed and concentrations calculated
within 30 days after filters are collected. Records of
concentrations at all sampling sites and other data
needed to determine such concentrations shall be retained
at the source and made available, for inspection by the
Department, for a minimum of 2 years.
(4) Concentrations measured at all sampling sites shall be
reported to the Department every 30 days by a registered
letter.
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(5) The Department may at any time require changes in, or
expansion of, the sampling network.
(50.7) 13.400 EMISSION STANDARD FOR BERYLLIUM ROCKET MOTOR FIRING
(2.0) 13.401 Applicability
The provisions of this section are applicable to rocket motor
test sites.
(1.0) 13.402 Definitions
As used in this section, all terms not defined in this sub-
section shall have the meaning given to them in the Act or
in subsection 13.102.
(1) "Rocket motor test site" means any building, structure,
facility, or installation where the static test firing
of a beryllium rocket motor and/or the disposal of
beryllium propel 1 ant is conducted.
(2) "Beryllium propellant" means any propellent incorporating
beryllium.
(50.7) 13.403 Emission Standard
(1) Emissions to the atmosphere from rocket-motor test sites
shall not cause time-weighted atmospheric concentrations
of beryllium to exceed 75 microgram minutes per cubic
meter of air within the limits of 10 to 60 minutes,
accumulated during any 2 consecutive weeks, in any area
in which an effect adverse to public health could occur.
(2) If combustion products from the firing of beryllium
propellent are collected in a closed tank, emissions
from such tank shall not exceed 2 grams per hour and a
maximum of 10 grams per day.
(9.0) 13.404 Emission Testing - Rocket Firing or Propellent Disposal
(1) Ambient air concentrations shall be measured during and
after firing of a rocket motor or propellant disposal
and in such a manner that the effect of these emissions
can be compared with the standard. Such sampling
techniques shall be approved by the Department.
(2) All samples shall be analyzed and results shall be calcu-
lated within 30 days after samples are taken and before
any subsequent rocket motor firing or propel!ant disposal
at the given site. All results shall be reported to the
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Department by a registered letter dispatched before the
close of the next business day following determination
of such results.
(3) Records of air sampling test results and other data
needed to determine integrated intermittent concentra-
tions shall be retained at the source and made available
for inspection by the Department, for a minimum of 2
years.
(4) The Department shall be notified at least 30 days prior
to an air sampling test, so that he may at his option
observe the test.
(9.0) 13.405 Stack Sampling
(1) Sources subject to 13.403(2) shall be continuously
sampled, during release of combustion products from the
tank, in such a manner that compliance with the standards
can be determined. The provisions of 13.112 shall apply,
(2) All samples shall be analyzed, and beryllium emissions
shall be determined within 30 days after samples are
taken and before any subsequent rocket motor firing or
propel!ant disposal at the given site. All determine-
tions shall be reported to the Department by a registered
letter dispatched before the close of the next business
day following such determinations.
(3) Records of emission test results and other data needed
to determine total emissions shall be retained at the
source and made available, for inspection by the Depart-
ment, for a minimum of 2 years.
(4) The Department shall be notified at least 30 days prior
to an emission test, so that he may at his option observe
the test.
(50.7) 13.500 EMISSION STANDARD FOR MERCURY
(2.0) 13.501 Applicability
The provisions of this section are applicable to those
stationary sources which process mercury ore to recover
mercury, use mercury chlor-alkali cells to produce chlorine
gas and alkali metal hydroxide, and incinerate or dry waste-
water treatment plant sludge.
(1.0) 13.502 Definitions
As used in this section, all terms not defined in this sub-
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section shall have the jneaning given to them in the Act or
in subsection 13,102.
(1) "Mercury" means the element mercury, excluding any asso-
ciated elements, and includes mercury in particulates,
vapors, aerosols, and compounds.
(2) "Mercury ore" means a mineral mined specifically for
its mercury content.
(3) "Mercury ore processing facility" means a facility pro-
cessing mercury ore to obtain mercury.
(4) "Condenser stack gases" mean the gaseous effluent evolved
from the stack of processes utilizing heat to extract
mercury metal from mercury ore.
(5) "Mercury chlor-alkali cell" means a device which is
basically composed of an electrolyzer section and a
denuder (decomposer) section and utilizes mercury to
produce chlorine gas, hydrogen gas, and alkali metal
hydroxide.
(6) "Mercury chlor-alkali electrolyzer" means an electro-
lytic device which is part of a mercury chlor-alkali
cell and utilizes a flowing mercury cathode to produce
chlorine gas and alkali metal amalgam.
(7) "Denuder" means a horizontal or vertical container which
is part of a mercury chlor-alkali cell and in which water
and alkali metal amalgam are converted to alkali metal
hydroxide, mercury, and hydrogen gas in a short-circuited,
electrolytic reaction.
(8) "Hydrogen gas stream" means a hydrogen stream formed in
the chlor-alkali cell denuder.
(9) "End box" means a containers) located on one or both
ends of a mercury chlor-alkali electrolyzer which serves
as a connection between the electrolyzer and denuder for
rich and stripped amalgam.
(10) "End box ventilation system" means a ventilation system
which collects mercury emissions from the end-boxes,
the mercury sump pumps, and their water collection systems.
(11) "Cell room" means a structure(s) housing one or more
mercury electrolytic chlor-alkali cells.
(12) "Sludge" means sludge produced by a treatment plant that
processes municipal or industrial waste waters.
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(13) "Sludge dryer" means a device used to reduce the moisture
content of sludge by heating to temperatures above 65°C
(ca. 150°F) directly with combustion gases.
(50.7) 13.503 Emission Standard
(1) Emission to the atmosphere from mercury ore processing
facilities and mercury cell chlor-alkali plants shall
not exceed 2,300 grams of mercury per 24-hour period.
(2) Emissions to the atmosphere from sludge incineration
plants, sludge drying plants, or a combination of these
that process wastewater treatment plant sludges shall
not exceed 3,200 grams of mercury per 24-hour period.
(9.0) 13.504 Stack Sampling
(1) Mercury ore processing facility.
(a) Unless a waiver of emission testing is obtained
under 13.111, each owner or operator processing
mercury ore shall test emissions from his source.
(i) Within 90 days of the effective date in the
case of an existing source or a new source
which has an initial startup date preceding
the effective date; or
(ii) Within 90 days of startup in the case of a new
source which did not have an initial startup
date preceding the effective date.
(b) The Department shall be notified at least 30 days
prior to an emission test, so that he may at his
option observe the test.
(c) Samples shall be taken over such a period or periods
as are necessary to accurately determine the maximum
emissions which will occur in a 24-hour period. No
changes in the operation shall be made, which would
potentially increase emissions above that determined
by the most recent source test, until the new emission
level has been estimated by calculation and the
results reported to the Department.
(d) All samples shall be analyzed, and mercury emissions
shall be determined within 30 days after the source
test. Each determination will be reported to the
Department by a registered letter dispatched before
the close of the next business day following such
determination.
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(e) Records of emission test results and other data
needed to determine total emissions shall be rer
tained at the source and made available, for
inspection by the Department, for a .minimum of
2 years.
(2) Mercury chlor-alkali plant-hydrogen and end-box ventilation
gas streams.
(a) Unless a waiver of emission testing is obtained under
13.111, each owner or operator employing mercury
chlor-alkali cell(s) shall test emissions from his
source.
(i) Within 90 days of the effective date in the case
of an existing source or a new source which has
an initial startup date preceding the effective
date; or
(ii) Within 90 days of startup in the case of a new
source which did not have an initial startup
date preceding the effective date.
(b) The Department shall be notified at least 30 days
prior to an emission test, so that he may at his
option observe the test.
(c) Samples shall be taken over such a period or periods
as are necessary to accurately determine the maximum
emissions which will occur in a 24-hour period. No
changes in the operation shall be made, which would
potentially increase emissions above that determined
by the most recent source test, until the new emission
has been estimated by calculation and the results
reported to the Department.
(d) All samples shall be analyzed and mercury emissions
shall be determined within 30 days after the source
test. All the determinations will be reported to
the Department by a registered letter dispatched
before the close of the next business day following
such determination.
(e) Records of emission test results and other data
needed to determine total emissions shall be retained
at the source and made available, fo>" inspection by
the Department, for a minimum of 2 years.
(3) Mercury chlor-alkali plants - cell room ventilation
system.
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(a) Stationary sources using mercury chlor-alkali cells
may test cell room emissions in accordance with
division (3)(b) of this subsection or demonstrate
compliance with division (3)(d) of this subsection
and assume ventilation emissions of 1,300 gms/day
of mercury.
(b) Unless a waiver of emission testing is obtained
under 13.111, each owner or operator shall pass
all cell room air in forced gas streams through
stacks suitable for testing.
(i) Within 90 days of the effective date in the
case of an existing source or a new source
which has an initial startup date preceding
the effective date; or
(ii) Within 90 days of startup in the case of a new
source which did not have an initial startup
date preceding the effective date.
(c) The Department shall be notified at least 30 days
prior to an emission test, so that he may at his
option observe the test.
(d) An owner or operator may carry out approved design,
maintenance, and housekeeping practices,. A list of
approved design, maintenance, and housekeeping
practices may be obtained from the Department.
(4) Sludge incineration and drying plants.
(a) Unless a waiver of emission testing is obtained
under subsection 13.111, each owner or operator
of a source subject to the standard in subsection
13.503(2) shall test emissions from that source.
Such tests shall be conducted in accordance with
the procedures set forth either in division (4) of
this subsection or in subsection 13.505.
(b) Method 101 in Appendix B to this part shall be used
to test emissions as follows:
(i) The test shall be performed within 90 days of
the effective date of these regulations in the
case of an existing source or a new source
which has an initial startup date preceding
the effective date.
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(ii) The test shall be performed within 90 days of
startup in the case of a new source which did
not have an initial startup date preceding
the effective date.
(c) The Department shall be notified at least 30 days
prior to an emission test, so that it may at its
option observe the test,
(d) Samples shall be taken over such a period or periods
as are necessary to determine accurately the maximum
emissions which will occur in a 24-rhour period. No
changes shall be made in the operation which would
potentially increase emissions above the level deter^
mined by the most recent stack test, until the new
emissions level has been estimated by calculation
and the results reported to the Department.
(e) All samples shall be analyzed, and mercury emissions
shall be determined within 30 days after the stack
test. Each determination shall be reported to the
Department by a registered letter dispatched before
the close of the next business day following such
determination.
(f) Records of emission test results and other data
needed to determine total emissions shall be retained
at the source and shall be made available, for in-
spection by the Department, for a minimum of 2 years.
(9.0) 13.505 Sludge Sampling
(1) As an alternative means for demonstrating compliance with
subsection 13.503(2), an owner or operator may use Method
105 of Appendix B and the procedures specified in this
subsection.
(a) A sludge test shall be conducted within 90 days of
the effective date of these regulations in the case
of an existing source or a new source which has an
initial startup date preceding the effective date; or
(b) A sludge test shall be conducted within 90 days of "
startup in the case of a new source which did not
have an initial startup date preceding the effective
date.
(2) The Department shall be notified at least 30 days prior
to a sludge sampling test, so that it may at its option
observe the test.
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(3) Sludge shall be sampled according to division (,3)(a)
of this subsection, sludge charging rate for the plant
shall be determined according to division C3Rb) of
this subsection, and the sludge analysis shall be per*
formed according to division (3)(c) of this subsection.
(a) The sludge shall be sampled after de-watering and
before incineration or drying, at a location that
provides a representative sample of the sludge
that is charged to the incinerator or dryer.
Eight consecutive grab samples shall be obtained
at intervals of between 45 and 60 minutes and
thoroughly mixed into one sample. Each of the
eight grab samples shall have a volume of at least
200 ml but not more than 400 ml. A total of three
composite samples shall be obtained within an
operating period of 24 hours. When the 24-*hour
operating period is not continuous, the total
sampling period shall not exceed 72 hours after
the first grab sample is obtained. Samples shall
not be exposed to any condition that may result in
mercury contamination or loss,
(b) The maximum 24-hour period sludge incineration or
drying rate shall be determined by use of a flow
rate measurement device that can measure the mass
rate of sludge charged to the incinerator or dryer
with an accuracy of +5 percent over its operating
range. Other methods of measuring sludge mass
charging rates may be used if they have received
prior approval by the Department,
(c) The handling, preparation, and analysis of sludge
samples shall be accomplished according to Method
105 in Appendix B of this part.
(4) The mercury emissions shall be determined by use of the
following equation:
EHg = 1 x 10"3 cQ
where:
EM = Mercury emissions, g/day,
c = Mercury concentration of sludge on a dry
solids basis, ug/g (ppm).
Q = Sludge charging rate, kg/day.
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(5) No changes in the operation of a plant shall be made
after a sludge test has been conducted which would
potentially increase emissions above the level deter-
mined by the most recent sludge test, until the new
emission level has been estimated by calculation and
the results reported to the Department.
(6) All sludge samples shall be analyzed for mercury content
within 30 days after the sludge sample is collected,
Each determination shall be reported to the Department
by a registered letter dispatched before the close of
the next business day following such determination,
(7) Records of sludge sampling, charging rate determination
and other data needed to determine mercury content of
wastewater treatment plant sludges shall be retained
at the source and made available, for inspection by
the Department, for a minimum of 2 years,
(9.0) 13.506 Emission Monitoring
(1) Wastewater treatment plant sludge incineration and drying
plants. All such sources for which mercury emissions
exceed 1600 g/day, demonstrated either by stack sampling
according to subsection 13.504 or sludge sampling accord-
ing to subsection 13.505, shall monitor mercury emissions
at intervals of at least once per year by use of Method
105 of Appendix B, or the procedures specified in sub~
section 13.505(3) and (4). The results of monitoring
shall be reported and retained according to subsection
13.504(4)(e) and (f), or subsection 13.505(6) and (7).
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R23-25-13
APPENDIX
The appendix references, as specified within R-23-25-13,
are identical to those specified in Appendix A and
Appendix B, as amended, of Title 40 Code of Federal
Regulations, Part 61 (40 CFR 61). Adopted, by reference,
are the following:
Appendix A - Compliance Status Information
Appendix B - Test Methods
Method 101 - Reference Method for Determination of
Particulate and Gaseous Mercury Emissions
from Stationary Sources (air streams)
Method 102 - Reference Method for Determination of
Particulate and Gaseous Mercury Emissions
from Stationary Sources (hydrogen streams)
Method 103 - Beryllium Screening Method
Method 104 - Reference Method for Determination of
Beryllium Emissions from Stationary Sources
Method 105 - Method for Determination of Mercury in
Wastewater Treatment Plant Sewage Sludges
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R23-25-14 DESIGNATED AIR CONTAMINANT SOURCES, PERMIT TO CONSTRUCT,
PERMIT TO OPERATE
14.100 DESIGNATED AIR CONTAMINANT SOURCES
14.110 Designated Source Categories
Pursuant to Subsection 1. of Section 23-25-04.1 of the North
Dakota Century Code, stationary sources within the following
source categories are designated as air contaminant sources
capable of causing or contributing to air pollution, either
directly or indirectly.
(1) The following chemical process facilities:
(a) Adi pic acid.
(b) Ammonia.
(c) .Ammonium nitrate.
(d) Carbon black.
(e) Charcoal.
(f) Chlorine.
(g) Chlor-alkali manufacturing.
(h) Detergent and soap.
(i) Explosives (TNT and nitrocellulose).
(j) Hydrochloric acid.
(k) Hydrofluoric acid.
(1) Nitric acid.
(m) Paint and varnish manufacturing.
(n) Phosphoric acid.
(o) Pfithalic anhydride.
(p) Plastics manufacturing.
(q) Printing ink manufacturing.
(r) Sodium carbonate.
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(s) Sulfur production and recovery.
(t) Sulfuric acid.
(u) Synthetic fibers.
(v) Synthetic rubber.
(w) Terephthalic acid.
(2) The following food and agricultural facilities:
(a) Agricultural drying and dehydrating operations.
(b) Ammonium nitrate.
(c) Cheese whey drying and processing.
(d) Coffee roasting.
(e) Cotton ginning.
(f) Feed, grain and seed handling and processing.
(g) Fermentation processes.
(h) Fertilizers.
(i) Fish meal processing.
(j) Meat smoke houses.
(k) Orchard heaters.
(1) Potato processing.
(m) Rendering plants.
(n) Starch manufacturing.
(o) Sugarbeet processing.
(3) The following metallurgical facilities:
(a) Primary metals facilities:
(i) Aluminum ore reduction.
(ii) Copper smelters.
(iii) Ferroalloy production.
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(iv) Iron and steel mills.
(v) Lead smelters.
(vi) Metallurgical coke manufacturing.
(vii) • Zinc.
(b) Secondary metals facilities:
(i) Aluminum operations.
(ii) Brass and bronze smelting.
(iii) Ferroalloys.
(iv) Ferrous foundries.
(v) Gray iron foundries.
(vi) Lead smelting.
(vii) Magnesium smelting.
(viii) Non-ferrous foundries.
(ix) Steel foundries.
(x) Zinc processes.
(4) The following mineral products facilities:
(a) Asphalt roofing.
(b) Asphaltic concrete plants.
(c) Bricks and related clay refractories.
(d) Calcium carbide.
(e) Ceramic and clay processes.
(f) Clay and fly ash sintering.
(g) Coal cleaning.
(h) Coal drying.
(i) Coal mining.
(j) Coal handling and processing.
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(k) Concrete batching.
(1) Fiberglass manufacturing.
(m) Frit manufacturing.
(n) Glass manufacturing.
(o) Gypsum manufacturing.
(p) Leonard!te mining, drying and processing.
(q) Lime manufacturing.
(r) Mineral wool manufacturing.
(s) Paperboard manufacturing.
(t) Perlite manufacturing.
(u) Phosphate rock preparation.
(v) Portland cement manufacturing, bulk handling
and storage.
(w) Rock, stone, gravel, and sand quarrying and
processing.
(x) Uranium mining, milling and enrichment,
(5) The following energy and fuel facilities:
(a) Coal gasification.
(b) Coal liquefication.
(c) Crude oil and natural gas production.
(d) Fossil fuel steam electric plants.
(e) Fuel conversion plants.
(f) Natural gas processing.
(g) Petroleum refining and petrochemical operations.
(h) Petroleum storage (storage tanks and bulk terminals),
(6) The following wood processing facilities:
(a) Wood pulping.
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(b) Pulpboard manufacturing.
(c) Plywood veneer and layout operations.
(7) The following gaseous, liquid, and solid waste disposal
facilities:
(a) Afterburners.
(b) Automobile body incinerators.
(c) Conical burners.
(d) Flares.
(e) Gaseous and liquid organic compounds incinerators.
(f) Industrial waste incinerators.
(g) Open burning.
(h) Open pit incinerators.
(i) Pathological waste incinerators.
(j) Refuse incinerators.
(k) Scrape metal salvage incinerators.
(1) Sewage sludge incinerators.
(m) Wood waste incinerators.
(8) The following miscellaneous facilities:
(a) Dry cleaning and laundry operations,
(b) Fuel burning equipment.
(c) Internal combustion engines.
(d) Surface coating operations.
(e) Wastewater treatment plants (including lagoons).
(f) Water cooling towers and water cooling ponds.
(9) Any category of sources to which a Federal standard of
performance applies.
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(10) Any source which emits a contaminant subject to a
national emission standard for hazardous air pollutants.
(11) Any source which is subject to review under Federal
significant deterioration of air quality regulations.
(12) Any source which is determined by the Department to have
an emission which effects State Ambient Air Quality
Standards.
(3.0) 14,200 PERMIT TO .CONSTRUCT
(3.0) 14.201 Permit to Construct Required
No construction, installation, or establishment of a new
stationary source within a source category designated in
subsection 14.110 of Section 14.100 of this regulation shall
be commenced unless the owner or operator thereof shall file
an application for, and receive, a permit to construct fri
accordance with this regulation. This requirement shall
also apply to any source for which a federal standard of
performance has been promulgated prior to such filing of an
application for a Permit to Construct. A list of sources for
which a federal standard has been promulgated, and the standards
which apply to such sources, shall be available at the Depart-
ment's offices.
(3.0) 14.202 Application for Permit to Construct
(1) Application for a permit to construct a new installation
or source shall be made by the owner or operator thereof
on forms furnished by the Department.
(2) A separate application is required for each new installa-
tion or source subject to this regulation.
(3) Each application shall be signed by the applicant, which
signature shall constitute an agreement that the appli-
cant will assume responsibility for the construction, or
operation of the new installation or source in accordance
with these regulations and will notify the Department, in
writing, of the start-up of operation of such source.
(3.0) 14.203 Alterations to Source
(1) The addition to or enlargement of or replacement of or
major alteration in any stationary source, already
existing, which is undertaken pursuant to an approved
compliance schedule for the reduction of emissions
therefrom, shall be exempt from the requirements of
this section.
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(2) Any physical change in, or change in the method of
operation of, a stationary source already existing
which increases or may increase the emission rate of
any pollutant for which an ambient air quality standard
has been promulgated under these regulations or which
results in the emission of any such pollutant not pre-
viously emitted shall be considered to be construction,
installation, or establishment of a new source, except
that:
(a) Routine maintenance, repair, and replacement shall
not be considered a physical change, and
(b) The following shall not be considered a change in
the method of operation:
(i) An increase in the production rate, if such
increase does not exceed the operating design
capacity of the source;
(ii) An increase in the hours of operation.
(3.0) 14.204 Submission of Plans - Deficiencies in Application
As part of an application for a permit to construct, the
Department may require the submission of plans, specifica-
tions, siting information, emission information, descriptions
and drawings showing the design of the installation or source,
the manner in which it will be operated and controlled, the
emissions expected from it, and the effects on ambient air
quality. Any additional information, plans, specifications,
evidence or documentation that the Department may require
shall be furnished upon request. Within twenty (20) days
of the receipt of the application, the Department shall advise
the owner or operator of the proposed source of any deficiency,
the date of receipt of the application shall be the date upon
which all requested information is received.
(3.0) 14.205 Review of Application - Standard for Granting Permits
to Construct
The Department shall review any plans, specifications, and
other information submitted in application for a permit to
construct and from such review shall, within thirty (30)
days of the receipt of the completed application, make the
following preliminary determinations:
(1) Whether the proposed project will be in accord with these
regulations, including whether the operation of any new
stationary source at the proposed location will result in
any applicable ambient air quality standards being exceeded.
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(2) Whether the proposed project will provide all known
available and reasonable methods of emission control.
Whenever a standard of performance is applicable to the
source, compliance with this criterion will require
provision of emission control which will, at least,
satisfy such standards.
(3.0) 14.206 Public Participation - Final Action on Application
The Department shall:
(1) Within thirty (30) days of the receipt of the completed
application, make available in at least one location in
the county or counties in which the proposed project is
to be located, a copy of its preliminary determinations
and copies of or a summary of the information considered
in making such preliminary determinations.
(2) Publish notice to the public by prominent advertisement,
within thirty (30) days of the receipt of the completed
application, in the region affected, of the opportunity
for written comment on the preliminary determinations.
Such public notice shall include the proposed location
of the source.
(3) Within thirty (30) days of the receipt of the completed
application, deliver a copy of the notice to the appli-
cant and to officials and agencies having cognizance over
the locations where the source will be situated as
follows: State and local air pollution control agencies,
the chief executive of the city and county; any compre-
hensive regional land use planning agency; the Regional
Administrator of the United States Environmental Protection
Agency; and any State, Federal Land Manager or Indian
Governing Body whose lands will be significantly affected
by the source's emissions.
(4) Allow thirty (30) days for public comment.
(5) Consider all public comments properly received, in making
the final decision on the application.
(6) Allow the applicant to submit written responses to public
comments received by the Department, within ten (10) days
of the receipt of such comments.
(7) Take final action on the application within thirty (30)
days of the close of the public comment period.
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(3.0) 14.207 Denial of Permit to Construct
If, after review of all information received, including public
comment with respect to any proposed project, the Department
makes the determination of any one of divisions (1) or (.2)
of subsection 14.205 of this section in the negative, it shall
deny the permit and notify the applicant, in writing, of the
denial to issue a permit to construct. If a permit to construct
is denied, the construction, installation, or establishment of
the new stationary source shall be unlawful. No permit to
construct or modify shall be granted if such construction, or
modification, or installation, will result in a violation of
these regulations or in a violation of the Ambient Air Quality
Standards.
(3.0) 14.208 Issuance of Permit to Construct
If, after review of all information received, including public
comment with respect to any proposed project, the Department
makes the determination of divisions (1) and (2) of subsection
14.205 of this section in the affirmative, the Department shall
issue a permit to construct. Such permit may provide for
conditions of operation as provided in subsection 14.209.
(3.0) 14.209 Permit to Construct - Conditions
The Department may impose any reasonable conditions upon a
permit to construct, including conditions concerning;
(1) Sampling, testing, and monitoring of the facilities or
the ambient air or both;
(2) Trial operation and performance testing;
(3) Prevention and abatement of nuisance conditions caused
by operation of the facility;
(4) Record keeping and reporting; and
(5) Compliance with applicable rules and regulations in
accordance with a compliance schedule.
The violation of any conditions so imposed may result in
revocation or suspension of the permit or other appropriate
enforcement action.
(3.0) 14.210 Scope
(1) The issuance of a permit to construct for any source
shall not affect the responsibility of an owner or
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operator to comply with applicable portions of a
control strategy affecting that source.
(2) A permit to construct shall become invalid if construc-
tion or expansion is not commenced within 18 months
after receipt of such permit or if construction is
discontinued for a period of 18 months or more. The
Department may extend such time periods upon a satis-"
factory showing that an extension is justified,
(3.0) 14.300 PERMIT TO OPERATE
(3.0) 14.301 Permit to Operate Required
(1) No person shall operate or cause the routine operation
of a new installation or source designated in subsection
14.110 of section 14.100 of this regulation without
applying for and obtaining, in accordance with this
regulation, a permit to operate. Application for a
permit to operate a new installation or source shall be
made at least thirty (30) days prior to start-up of
routine operation.
(2) No person shall operate or cause the operation of an
installation or source in violation of any permit to
operate, any condition imposed upon a permit to operate
or in violation of these regulations.
(3.0) 14.302 Application for Permit to Operate
(1) Application for a permit to operate shall be made by the
owner or operator thereof on forms furnished by the
Department.
(2) Each application for a permit to operate shall be accom-
panied by such performance tests results, information,
and records as may be required by the Department to deter-
mine whether the requirements of these regulations will
be met. Such information may also be required by the
Department at any time when the source is being operated
to determine compliance with these regulations.
(3) Each application shall be signed by the applicant, which
signature shall constitute an agreement that the appli-
cant will assume responsibility for the operation of the
installation or source in accordance with these regulations.
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(3.0) 14.303 Standards for Granting Permits to Operate
No permit to operate shall be granted unless the applicant
shows to the satisfaction of the Department that the source
is in compliance with these regulations.
(3.0) 14.304 Performance Testing
(9.0)
Before a permit to operate is granted, the applicant, if
required by the Department, shall conduct performance tests
in accordance with methods and procedures required by these
regulations or methods and procedures approved by the Depart-
ment. Such tests shall be made at the expense of the applicant.
The Department may monitor such tests and may also conduct
performance tests.
(3.0) 14.305 Action on Applications
(1) The Department shall act within thirty (30) days after
receipt of an application for a permit to operate a new
installation or source, and within thirty (30) days after
receipt of an application to operate an existing installa-
tion or source, and shall notify the applicant, in writing,
of the approval, conditional approval, or denial of the
application.
(2) The Department shall set forth in any notice of denial
the reasons for denial. A denial shall be without pre-
judice to the applicant's right to a hearing before the
Department or for filing a further application after
revisions are made to meet objections specified as
reasons for the denial.
(3.0) 14.306 Permit to Operate - Conditions
The Department may impose any reasonable conditions upon a
permit to operate, including conditions concerning:
(1) Sampling, testing and monitoring of the facilities or
ambient air or both;
(2) Trial operation and performance testing;
(3) Prevention and abatement of nuisance conditions caused
by operation of the facility;
(4) Record keeping and reporting; and
(5) Compliance with applicable rules and regulations in
accordance with a compliance schedule.
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(3.0) 14.307 Suspension or Revocation of Permit to Operate
(1) The Department may suspend or revoke a permit to
operate for violation of these regulations and any
permit conditions.
(2) Suspension or revocation of a permit to operate shall
become final ten days after service of notice on the
holder of the permit.
(3) A permit to operate which has been revoked pursuant to
these regulations shall be surrendered forthwith to
the Department.
(4) No person shall operate or cause the operation of an
installation or source if the Department denies or
revokes a permit to operate.
(3.0) 14.308 Transfer of Permit to Operate
The holder of a permit to operate may not transfer it
without the prior approval of the Department.
(3.0) 14.309 Renewal of Permit to Operate
(1) Every permit to operate issued by the Department after
the effective date of this regulation shall become void
upon the third anniversary of their issuance. Applica-
tions for renewal of such permits shall be-submitted
sixty (60) days prior to such anniversary date. The
Department shall approve or disapprove such application
within sixty (60) days.
(2) The Department may amend permits issued prior to the
effective date of this regulation so as to provide for
voidance upon the third anniversary of their issuance
of such permit.
(3.0) 14.400 COMMON PROVISIONS APPLICABLE TO BOTH PERMIT TO CONSTRUCT AND
PERMIT TO OPERATE
(2.0) 14.401 Exemptions
A permit to construct and a permit to operate shall not be
required for the following stationary sources:
(1) Maintenance, structural changes or minor repair of
process equipment, fuel-burning equipment, control
equipment, or incinerators which do not change capacity
of such process equipment, fuel-burning equipment, con-
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trol equipment, or incinerators and which do not
involve any change in the quality, nature, or quantity,
of emissions therefrom.
(2) Fuel-burning equipment, other than smoke-house generators,
which have a heat input of not more than 10 million BTUs
per hour and burn only gaseous fuel containing not more
than 0.5 grains f^S per 100 standard cubic feet (5.7
g/100 stdnv>); or have a heat input of not more than
10 million BTUs per hour and burn distillate oil as a
fuel; or have a heat input of not more than 1 million
BTUs per hour and burn residual oil as a fuel; or have
a heat input of not more than 350,000 BTUs per hour and
burn solid fuel.
(3) Internal combustion engines with less than 500 brake
horsepower.
(4) Bench scale laboratory equipment used exclusively for
chemical or physical analysis or experimentation.
(5) Portable brazing, soldering, or welding equipment,
(6) The following equipment:
(a) Comfort air conditioners or comfort ventilating
systems which are not designed and not intended to
be used to remove emissions generated by or released
from specific units or equipment.
(b) Water cooling towers and water cooling ponds unless
used for evaporative cooling of process water, or
for evaporative cooling of water from barometric
jets or barometric condensers or used in conjunction
with an installation requiring a permit.
(c) Equipment used exclusively for steam cleaning.
(d) Grain, metal, plastic or mineral extrusion presses.
(e) Porcelain enameling furnaces or porcelain enameling
drying ovens.
(f) Unheated solvent dispensing containers or unheated
solvent rinsing containers of 60 gallons capacity
or less.
(g) Equipment used for hydraulic or hydrostatic testing.
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(7) The following equipment or any exhaust system or collector
serving exclusively such equipment:
(a) Blast cleaning equipment using a suspension of
abrasive in water.
(b) Bakery ovens where the products are edible and
intended for human consumption.
(c) Kilns for firing ceramic ware, heated exclusively
by gaseous fuels, singly or in combinations and
electricity.
(d) Confection cookers where the products are edible
and intended for human consumption.
(e) Drop hammers or hydraulic presses for forging or
metal working.
(f) Die casting machines.
(g) Photographic process equipment through which an
image is reproduced upon material through the use
of sensitized radiant energy.
(h) Equipment for drilling, carving, cutting, routing,
turning, sawing, planning, spindle sanding or disc
sanding of,wood or wood products, which is located
within a facility that does not vent to the outside
air.
(i) Equipment for surface preparation of metals by use
of aqueous solutions, except for acid solutions.
(j) Equipment for washing or drying products fabricated
from metal or glass; provided, that no volatile
organic materials are used in the process and that
no oil or solid fuel is burned.
(k) Laundry dryers, extractors or tumblers for fabrics
cleaned with only water solutions of bleach or
detergents.
(1) Containers, reservoirs, or tanks used exclusively
for electrolytic plating with, or electrolytic polish-
ing of, or electrolytic stripping of the following
metals: brass, bronze, cadmium, copper, iron, lead,
nickel, tin, zinc, precious metals.
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(8) Natural draft hoods or natural draft ventilators.
(9) Containers, reservoirs or tanks used exclusively for:
(a) Dipping operations for coating objects with oils,
waxes, or greases, where no organic solvents are
used.
(b) Dipping operations for applying coatings of natural
or synthetic resins which contain no organic solvents.
(c) Storage of butane, propane or liquefied petroleum
or natural gas.
(d) Storage of lubricating oils.
(e) Storage of Nos. 1, 2, 4, 5 and 6 fuel oil, non-
military jet engine fuel, and crude petroleum or
condensate which is stored, processed, and/or treated
at a drilling and production facility prior to
custody transfer and does not contain dissolved
hydrogen sulfide.
(f) Storage of volatile organic compounds in any station-
ary tank, reservoir, or other container of 40,000
gallons or less.
(10) Gaseous fuel-fired or electrically-heated furnaces for
heat treating glass or metals, the use of which does not
involve molten materials.
(11) Crucible furnaces, pot furnaces or induction furnaces,
with a capacity of 1,000 pounds or less each, unless other-
wise noted, in which no sweating or distilling is con-
ducted, nor any fluxing conducted utilizing chloride,
fluoride, or ammonium compounds, and from which only the
following metals are held in a molten state:
(a) Aluminum or any alloy containing over 50 percent
aluminum, provided that no gaseous chlorine compounds,
chlorine, aluminum chloride or aluminum fluoride
are used.
(b) Magnesium or any alloy containing over 50 percent
magnesium.
(c) Lead or any alloy containing over 50 percent lead, in
a furnace with a capacity of 550 pounds or less.
(d) Tin or any alloy containing over 50 percent tin.
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(e) Zinc or any alloy containing over 50 percent zinc.
(f) Copper.
(g) Precious metals.
(12) Open burning activities within the scope of section 4,200
of regulation 23-25-04 of these regulations.
(13) Flares used to indicate some danger to the public.
(14) Other sources of minor significance as determined by
the Department.
(9.0) 14.402 Performance and Emission Testing
(1) Emission tests or performance tests or both shall be
conducted by the owner or operator of a facility and data
reduced in accordance with the applicable procedure,
limitations, standards and test methods established by
these regulations. Such tests shall be conducted under
the owner's or operator's permit to construct or operate
and such permit is subject to the faithful completion of
the test in accordance with these regulations.
(2) All dates and periods of trial operation for the purpose
of performance or emission testing pursuant to a permit
to construct, and all dates of performance or emission
testing pursuant to a permit to operate, must be approved
in advance by the Department. Trial operation shall
cease if the Department determines, on the basis of the
test results, that continued operation will result in the
violation of these regulations. Upon completion of any
test conducted under a permit to construct, the Department
may order the cessation of the operation of the tested
equipment or facility until such time as a permit to
operate has been issued by the Department.
(3) Upon review of the performance data resulting from any
test, the Department may require the installation of such
additional control equipment as will bring the facility
into compliance with these regulations.
(4) Nothing in these regulations shall be construed to prevent
the Department from conducting any test upon its own
initiative, or from requiring the owner or operator to
conduct any test at such time as the Department may
determine.
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(6.0) 14.403 Responsibility to Comply
(1) Possession of a permit to construct or a permit to
operate shall not relieve any person of the responsi-
bility to comply with these regulations,
(2) The exemption of any stationary source from the require-
ments of a permit to construct or a permit to operate by
reason of inclusion in subsection 14,401 shall not relieve
the owner or operator of such source of the responsibility
to comply with any other applicable portions of these
regulations.
(3.0) 14.404 Portable Sources
Sources which are designed to be portable and which are
operated at temporary jobsites across the State shall not be
considered a new source by virtue of location changes. One
application for a permit to operate any portable source shall
be filed in accordance with Regulation 23-25-14 and subsequent
applications are not required for each temporary jobsite. The
permit to operate issued by the Department shall be conditioned
by such specific requirements as the Department deems appro-
priate to carry out the provisions of section 1.050 and 1.140
of R23-25-01.
(3.0) 14.405 Registration of Exempted Stationary Sources
The Department may require that the owner or operator of any
stationary source exempted under subsection 14,401 shall
register the source with the Department within such time
limits and on such forms as the Department may prescribe.
(3.0) 14.406 Extensions of Time
The Department may extend any of the time periods specified
in subsections 14.204, 14.205, 14.206 and 14.305 as agreed by
the applicant and the Department.
(3.0) 14.407 Amendment of Permits
The Department may, when the public interest requires, modify
any condition of a permit to operate"or permit to construct.
Modification shall be made only upon the Department's own
motion and the procedure shall, at a minimum, conform to any
requirements of federal law. In the event such law is inappli-
cable, modification procedure shall consist of the following:
(1) Reasonable notice to the permittee of the proposed
modification;
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(2) Reasonable notice to the public, in the area to be
affected, of opportunity for comment on the proposed
modification;
(3) A minimum of twenty (20) day period for public
comment; and
(4) Consideration by the Department of all comments received,
in its order for modification.
The Department may require the submission of such maps, plans,
specifications, emission information and compliance schedules
as it deems necessary prior to the issuance of an order for
modification. It is the intention of the Department that this
subsection shall apply only in those instances allowed by
federal rules and regulations and only in those instances
in which the granting of a variance pursuant to section 1.060
and enforcement of existing permit conditions are manifestly
inappropriate.
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R23-25-15 PREVENTION OF SIGNIFICANT DETERIORATION OF AIR QUALITY
(2.0) 15.100 GENERAL PROVISIONS
(1.0) 15.101 Definitions
(1) The term "best available control technology," as applied
to any affected facility subject to Regulation 23-25-12
means any emission control device or technique which is
capable of limiting emissions to the levels promulgated
in Regulation 23-25-12. Where no standard of performance
has been promulgated for a source or portion thereof
under such regulation, best available control technology
shall be determined on a case-by-case basis considering
the following:
(a) The process, fuels, and raw material available and
to be employed in the facility involved,
(b) The engineering aspects of the application of
various types of control techniques which have
been adequately demonstrated,
(c) Process and fuel changes,
(d) The respective costs of the application of all such
control techniques, process changes, alternative
fuels, etc.
(e) Any applicable State and local emission limitations,
and
(f) Locational and siting considerations.
(2) "Facility" means an identifiable piece of process equip-
ment. A stationary source is composed of one or more
pol1utant-emi tti ng faci1i ti es.
(3) The phrases "modification" or "modified source" mean any
physical change in, or change in the method of operation
of, a stationary source which increases the emission rate
of any pollutant for which an ambient air quality standard
has been promulgated under these regulations or which
results in the emission of any such pollutant not pre-
viously emitted, except that:
(a) Routine maintenance, repair, and replacement shall
not be considered a physical change, and
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(b) The following shall not be considered a change in
the method of operation:
(i) An increase in the production rate, if such
increase does not exceed the operating design
capacity of the source;
(ii) An increase in the hours of operation.
(4) The term "stationary source" means any building, structure,
facility, or installation which emits or may emit an air
pollutant for which an ambient air quality standard is
in effect.
(17.0) 15.102 Significant Deterioration of Air Quality
(1) Area designation and deterioration increment:
(a) The provisions of this regulation do not apply in
those counties or other functionally equivalent
areas that pervasively exceeded any ambient air
quality standard during 1974 for sulfur dioxide or
particulate matter and then only with respect to
such pollutants.
(b) For purposes of this regulation, areas designated as
Class I or II shall be limited to the following
increases in pollutant concentration occurring since
January 1, 1975:
Area Designations
Class I Class II
Pollutant (ug/m3) (ug/m3)
Particulate matter:
Annual geometric mean 5 10
24-hour maximum 10 30
Sulfur dioxide:
Annual arithmetic mean 2 15
24-hr maximum 5 100
3-hour maximum 25 700
Any conflict between an applicable increment and an
applicable ambient air quality standard shall be
resolved in favor of the more stringent limitation
and the source shall be limited to such more stringent
limitation.
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(c) For purposes of this regulation, areas designated
as Class III shall be limited to concentrations of
particulate matter and sulfur dioxide no greater
than the ambient air quality standards.
(d) The air quality impact of sources granted a permit
to construct or modify prior to January 1, 1975
(pursuant to the approved new source review pro-
cedures in the plan) but not yet operating prior to
January 1, 1975, shall not be counted against the
air quality increments specified in subdivision (b)
of this division.
(e) All areas of the State are hereby designated Class II.
(2) Review of new sources.
(a) The requirements of this regulation shall apply to
any new or modified stationary source of the type
identified below which has not been issued a permit
to construct or modify prior to June 1, 1975. Review
of those sources identified below shall be conducted
in conjunction with the issuance of permits to con-
struct pursuant to section 14.200 of these regula-
tions. A source which is modified, but does not
increase the amount of sulfur oxides or particulate
matter emitted, or is modified to utilize an alter-
native fuel, or higher sulfur content fuel, shall
not be subject to this regulation,
(i) Fossil-Fuel Steam Electric Plants of more than
1000 million BTU per hour heat input.
(ii) Coal Cleaning Plants.
(iii) Kraft Pulp Mills.
(iv) Portland Cement Plants.
(v) Primary Zinc Smelters.
(vi) Iron and Steel Mills.
(vii) Primary Aluminum Ore Reduction Plants.
(viii) Primary Copper Smelters.
(ix) Municipal Incinerators capable of charging more
than 250 tons of refuse per 24^hour day.
(x) Sulfuric Acid Plants.
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(xi) Petroleum Refineries.
(xii) Lime Plants.
(xiii) Phosphate Rock Processing Plants.
(xiv) By-Product Coke Oven Batteries.
(xv) Sulfur Recovery Plants.
(xvi) Carbon Black Plants (furnace process).
(xvii) Primary Lead Smelters.
(xviii) Fuel Conversion Plants.
(xix) Ferroalloy production facilities,
(xx) Coal Mines.
(xxi) Electric Arc Furnaces.
(b) No owner or operator of a source subject to this
regulation shall be issued a permit to construct or
modify a source subject to this regulation unless
the Department determines that, on the basis of
information submitted pursuant to subdivision (c)
of this division:
(i) The effect on air quality concentration of the
source or modified source and the direct and
indirect emissions growth associated with or
induced by such source or both, in conjunction
with the effects of growth and reduction in
emissions after January 1, 1975, of other
sources in the area affected by the proposed
source, will not violate the air quality incre-
ments applicable in any other areas. The
analysis of emissions growth and reduction
after January 1, 1975, or other sources in the
areas affected by the proposed source shall
include all new and modified sources issued
permits to construct pursuant to this subdivi-
sion; reduction in emissions from existing
sources which contributed to air quality during
all or part of 1974; general commercial, resi-
dential, industrial, and other sources of
emissions growth not exempted by subsection
15.102(2)(d) which has occurred since January 1,
1975; and the direct and indirect emissions
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growth associated with or induced by the
proposed source or both.
(ii) The new or modified source will meet an
emission limit, to be specified by the
Department as a condition of the permit which
represents that level of emission reduction
which would be achieved by the application of
best available control technology for particulate
matter and sulfur dioxide. If the Department
determines that technological or economic limi-
tations on the application of measurement
methodology to a particular class of sources
would make the imposition of an emission standard
infeasible, it may instead prescribe a design or
equipment standard requiring the application
of best available control technology. Such
standard shall to the greatest degree possible
set forth the emission reductions achievable
by implementation of such design or equipment,
and shall provide for compliance by means which
achieve equivalent results,
(iii) With respect to modified sources, the require-
ments of subdivision (b)(ii) of this division
shall be applicable only to the facility or
facilities from which emissions are increased.
(c) In making the determinations required by division
. (2)(b) of this subsection, the Department shall, as
a minimum, require the owner or operator of the source
subject to this division to submit: site information;
plans, description, specifications, and drawings
showing the design of the source; information neces-
sary to determine the impact that the construction
or modification will have on sulfur dioxide and
particulate matter air quality levels; information
on the nature and extent of direct and indirect
emissions growth that will be associated with or
induced by the source or both; and any other infor-
mation necessary to determine that best available
control technology will be applied. Upon request
of the Department, the owner or operator of the
source shall also provide information on the nature
and extent of general commercial, residential,
industrial, and other growth which has occurred
in the area affected by the source's emissions
(such area to be specified by the Department) since
January 1, 1975. The information required herein
shall be submitted in conjunction with subsection
14.204 of these regulations.
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(d) Where an owner or operator has applied for per-
mission to construct or modify pursuant to this
division and the proposed source would be located
in an area which has been proposed for redesigna-
tion to a more stringent class (or the State, Indian
Governing Body, or Federal Land Manager has announced
such consideration), approval will not be granted
until the Department has acted on the proposed
redesignation.
(3) Reelassification of Areas
(a) Reclassification by Petition
(i) Filing of Petition
After twenty percent of the qualified electors
in any county, as determined by the vote cast
for the office of Governor at the last preceding
gubernatorial election, shall petition the
Department to reclassify any area within such
county to Class I, Class II or Class III, the
Department shall hold a hearing and take such
other action as specified in (5) of this sub-
section. The Department shall reclassify the
area proposed in the petition for reclassifica-
tion only if such reelassification is substan-
tially supported by the hearing record.
. (ii) Contents of Petition
The petition for petitioning the Department to
reclassify any area to either Class I, Class II
or Class III as specified in subsection 15.102
(l)(b) and (c) shall contain a legal description
of the area in which the petition is to affect;
an explanation of the meaning and purpose of
the petition and reclassification; a statement
to the effect that those persons signing the
petition desire the described area to be reclassi-
fied to either Class I, Class II or Class III
and such statement shall specify which class;
a list of those persons or person circulating
such petition, which persons shall be designated
"Committee of Petitioners"; an affidavit to be
attached to each petition and sworn to under oath
before a notary public by the person circulating
each petition attesting to the fact that he
circulated such petition and that each of the
signatures to such petition is the genuine signa-
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ture of the person whose name it purports to
be, and that each such person is a qualified
elector in the county in which the petition was
circulated; all petitions' signatures shall be
numbered and dated by month, day and year, and
the name shall be written with residence,
address and post office address including the
county of residence followed by State of North
Dakota.
(b) Reclassification upon Department's own Motion
At such time as the Department may determine, it may
hold a public hearing and take such other action as
specified in (4) of this subsection in order to
reclassify any area of this state to Class I, Class
II or Class III. The Department shall reclassify
the area proposed for reclassification only if such
reclassification is substantially supported by the
hearing record.
(4) Procedures for Reclassification
The Department may reclassify any area of this state to
either Class I, Class II or Class III pursuant to sub-
divisions (3)(a) and (b) of this subsection, provided that:
(a) At least one public hearing is held in or near the
area affected and this public hearing is held in
accordance with the procedures established in divi-
sion (5) of this subsection, and
(b) Other states which may be affected by the proposed
redesignation are notified at least 30 days prior
to the public hearing, and
(c) A discussion of the reasons for the proposed redesig-
nation is available for public inspection at least
30 days prior to the hearing and the notice announc-
ing the hearing contains appropriate notification of
the availability of such discussion, and
(d) The proposed redesignation is based on the record of
the state's hearing, which must reflect the basis for
the proposed redesignation, including consideration
of (i) growth anticipated in the area, Cii) the
social, environmental and economic effects of such
redesignation and upon other areas and states, and
(iii) any impacts of such proposed redesignation
upon regional or national interest. Anticipated
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growth shall include growth resulting both directly
and indirectly from proposed development,
(e) The Department may reclassify any federally-owned
lands within the state to Class I, Class II, or
Class III, provided that: (i) The redesignation
is consistent with adjacent state and privately-
owned land, and (ii) Such redesignation is proposed
after consultation with the Federal Land Manager,
(5) Reclassification Hearings
(a) Any hearing required by division (4) of this sub-
section shall be held only after reasonable notice,
which shall be considered to include, at least 30
days prior to the date of such hearing(s):
(i) Notice given to the public by prominent adver-
tisement in the region affected announcing the
date(s), time(s) and place(s) of such hearing(s);
(ii) Availability of each proposed plan or revision
for public inspection in at least one location
in each region to which it will apply, and the
availability of each compliance schedule for
public inspection in at least one location in
the region in which the affected source is
located;
(iii) Notification to the Administrator of the
U.S.E.P.A. (through the appropriate regional
office);
(iv) Notification to each local air pollution control
agency in each region to which the plan, schedule,
or revision will apply; and
(v) In the case of an interstate region, notification
to any other states included, in whole or in
part, in the region.
(b) The Department shall prepare and retain for inspection,
a record of each hearing. The record shall contain,
as a minimum, a list of witnesses together with the
text of each presentation.
(c) Any hearing held pursuant to the. provisions of this
division shall be held only for the purpose of con-
sidering such reclassification as has been noticed
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under the provisions of division (4), and considera-
tion of reclassification to other classes not so
noticed shall not be allowed.
(d) Any hearing held pursuant to these provisions may
be continued for such purposes and for such periods
of time as the Department may determine.
(6) Environmental Impact Assessment
Prior to the granting or denial of the petition for
reclassification, the Department may require any committee
of petitioners, as designated pursuant to division (3)
(a)(ii) of this subsection, to submit a detailed report
on those matters specified in division (4)(d) of this
subsection.
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R23-25-12
APPENDIX A - REFERENCE METHODS
The reference methods specified within R23-25-12 are identical to
those specified in Appendix A, as amended, of Title 40 Code of
Federal Regulations, Part 60 (40 CFR 60). The methods, adopted
by reference, are as follows:
Method 1 - Sample and Velocity Traverses for
Stationary Sources
Method 2 - Determination of Stack Gas Velocity and
Volumetric Flow Rate (Type S Pi tot Tube)
Method 3 - Gas Analysis for Carbon Dioxide, Excess
Air, and Dry Molecular Weight
Method 4 - Determination of Moisture in Stack Gases
Method 5 - Determination of Particulate Emissions
from Stationary Sources
Method 6 - Determination of Sulfur Dioxide Emissions
from Stationary Sources
Method 7 - Determination of Nitrogen Oxide Emissions
from Stationary Sources
Method 8 - Determination of Sulfuric Acid Mist and
Sulfur Dioxide Emissions from Stationary Sources
Method 9 - Visual Determination of the Opacity of
Emissions from Stationary Sources
Method 10 - Determination of Carbon Monoxide Emissions
from Stationary Sources
Method 11 - Determination of Hydrogen Sulfide Emissions
from Stationary Sources
Method 12 - Reserved
Method 13A - Determination of Total Fluoride Emissions from
Stationary Sources-SPADNS Zirconium Lake Method
Method 13B - Determination of Total Fluoride Emissions from
Stationary Sources-Specific Ion Electrode Method
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APPENDIX B - PERFORMANCE SPECIFICATIONS
The performance specifications specified within R23-25-12 are
identical to those specified in Appendix B, as amended, of
Title 40 Code of Federal Regulations, Part 60 (40 CFR 60). The
specifications,adopted by reference, are as follows:
Performance Specification 1 - Performance specifications and
specification test procedures for transmissometer systems for
continuous measurement of the opacity of stack emission.
Performance Specification 2 - Performance specifications and
specification test procedures for monitors of SOg and NOX from
stationary sources.
Performance Specification 3 - Performance specifications and
specification test procedures for monitors of C02 and 02 from
stationary sources.
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FEDERALLY PROMULGATED
REGULATIONS
-------
(10.0) 52.1824 Review of New or Modified Indirect Sources
(b) Regulation for Review of New or Modified Indirect Sources
(1) All terms used in this paragraph but not specifically defined
below shall have the meaning given them in 52.01 of this chapter.
(i) The term "indirect source" means a facility, building,
structure, or installation which attracts or may attract
mobile source activity that results in emissions of a
pollutant for which there is a national standard. Such
indirect sources include, but are not limited to:
(a) Highways and roads.
(b) Parking facilities.
(c) Retail, commercial and industrial facilities.
(d) Recreation, amusement, sports and entertainment
facilities.
(e) Airports.
(f) Office and Government buildings.
(g) Apartment and condominium buildings.
(h) Education facilities.
(ii) The term "Administrator" means the Administrator of the
Environmental Protection Agency or his designated agent.
(111) The term "associated parking area" means a parking facil-
ity or facilities owned and/or operated in conjunction
with an indirect source.
(iv) The term "aircraft operation" means an aircraft take-off
or landing.
(v) The phrase "to commence construction" means to engage in
a continuous program of qn-site construction including
site clearance, grading, dredging, or land filling specif-
ically designed for an indirect source in preparation for
the fabrication, erection, or installation of the build-
ing components of the indirect source. For the purpose
of this paragraph, interruptions resulting from acts of
God, strikes, litigation, or other matters beyond the
control of the owner shall be disregarded in determining
whether a construction or modification program is contin-
uous.
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(vi) The phrase "to commence modification" means to engage in
a continuous program of on-site modification, including
site clearance, grading, dredging, or land filling in
preparation for specific modification of the indirect
source.
(vii) The term "highway section" means the development propo-
sal of a highway of substantial length between logical
termini (major crossroads, population centers, major
traffic generators, or similar major highway control ele-
ments) as normally included in a single location study or
multi-year highway improvement program as set forth in
23 CFR 770.201 (38 FR 31677).
(viii) The term "highway project" means all or a portion of a
highway section which would result in a specific con-
struction contract.
(ix) The term "Standard Metropolitan Statistical Area (SMSA)"
means such areas as designated by the U.S. Bureau of the
Budget in the following publication: "Standard Metro-
politan Statistical Area," issued in 1967, with subse-
quent amendments.
(2) The requirements of this paragraph are applicable to the follow-
ing:
(i) In an SMSA:
(a) Any new parking facility or other new indirect
source with an associated parking area, which has a
new parking capacity of 1,000 cars or more; or
(b) Any modified parking facility, or any modification
of an associated parking area, which increases
parking capacity by 500 cars or more; or
(c) Any new highway project with an anticipated average
annual daily traffic volume of 20,000 or more vehi-
cles per day within ten years of construction; or
(d) Any modified highway project which will increase
average annual daily traffic volume by 10,000 or
more vehicles per day within ten years after modifi-
cation.
(ii) Outside an SMSA:
(a) Any new parking facility, or other new indirect
source with an associated parking area, which has
a parking capacity of 2,000 cars or more; or
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(b) Any modified parking facility, or any modification
of an associated parking area, which increases park-
ing capacity by 1,000 cars or more.
(iii) Any airport, the construction or general modification
program of which is expected to result in the following
activity within ten years of construction or modifica-
tion:
(a) New airport: 50,000 or more operations per year by
regularly scheduled air carriers, or use by 1,600,000
or more passengers per year.
(b) Modified airport: Increase of 50,000 or more opera-
tions per year by regularly scheduled air carriers
over the existing volume of operations, or increase
of 1,600,000 or more passengers per year.
(iv) Where an indirect source is constructed or modified in
increments which individually are not subject to review
under this paragraph, and which are not part of a program
of construction or modification in planned incremental
phases approved by the Administrator, all such increments
commenced after December 31, 1974, or after the latest
approval hereunder, whichever date is most recent, shall
be added together for determining the applicability of
this paragraph.
(3) No owner or operator of an indirect source subject to this para-
graph shall commence construction or modification of such source
after December 31, 1974, without first obtaining approval from
the Administrator. Application for approval to construct or mod-
ify shall be by means prescribed by the Administrator, and shall
include a copy of any draft or final environmental impact state-
ment which has been prepared pursuant to the National Environmen-
tal Policy Act (42 U.S.C. 4321). If not included in such environ-
mental impact statement, the Administrator may request the follow-
ing information:
(1) For all indirect sources subject to this paragraph, other
than highway projects:
(a) The name and address of the applicant.
(b) A map showing the location of the site of indirect
source and the topography of the area.
(c) A description of the proposed use of the site, in-
cluding the normal hours of operation of the facil-
ity, and the general types of activities to be op-
erated therein.
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(d) A site plan showing the location of associated
parking areas, points of motor vehicle ingress and
egress to and from the site and its associated
parking areas, and the location and height of
buildings on the site.
(e) An identification of the principal roads, highways,
and intersections that will be used by motor vehi-
cles moving to or from the indirect source.
(f) An estimate, as of the first year after the date
the indirect source will be substantially complete
and operational, of the average daily traffic vol-
umes, maximum traffic volumes for one-hour and
eight-hour periods, and vehicle capacities of the
principal roads, highways, and intersections iden-
tified pursuant to subdivision (i) (e) of this sub-
paragraph located within one-fourth mile of all
boundaries of the site.
(g) Availability of existing and projected mass transit
to service the site.
(h) Where approval is sought for indirect sources to be
constructed in incremental phases, the information
required by this subparagraph (3) shall be submitted
for each phase of the construction project.
(i) Any additional information or documentation that the
Administrator deems necessary to determine the air
quality impact of the indirect source, including the
submission of measured air quality data at the pro-
posed site prior to construction or modification.
(ii) For airports:
(a) An estimate of the average number and maximum number
of aircraft operations per day by type of aircraft
during the first, fifth and tenth years after the
date of expected completion.
(b) A description of the commercial, industrial, resi-
dential and other development that the applicant
expects will occur within three miles of the perim-
eter of the airport within the first five and the
first ten years after the date of expected comple-
tion.
(c) Expected passenger loadings at the airport.
(d) The information required under subdivisions (i) (a)
through (i) of this subparagraph.
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(iii) For highway projects:
(a) A description of the average and maximum traffic
volumes for one, eight, and 24-hour time periods
expected within 10 years of date of expected comple-
tion.
(b) An estimate of vehicle speeds for average and maxi-
mum traffic volume conditions and the vehicle capac-
ity of the highway project.
(c) A map showing the location of the highway project,
including the location of buildings along the right-
of-way .
(d) A description of the general features of the high-
way project and associated right-of-way, including
the approximate height of buildings adjacent to the
highway.
(e) Any additional information or documentation that the
Administrator deems necessary to determine the air
quality impact of the indirect source, including the
submission of measured air quality data at the pro-
posed site prior to construction or modification.
(iv) For indirect sources other than airports and those high-
way projects subject to the provisions of paragraph (b)
(6) (iii) of this section, the air quality monitoring re-
quirements of paragraph (b) (3) (i) (i) of this section
shall be limited to carbon monoxide, and shall be con-
ducted for a peripd of not more than 14 days.
(4) (i) For indirect sources other than highway projects and air-
ports, the Administrator shall not approve an application
to construct or modify if he determines that the indirect
source will:
(a) Cause a violation of the control strategy of any
applicable state implementation plan; or
(b) Cause or exacerbate a violation of the national stan-
dards for carbon monoxide in any region or portion
thereof.
(ii) The Administrator shall make the determination pursuant
to paragraph (b) (4) (i) (b) of this section by evaluat-
ing the anticipated concentration of carbon monoxide at
reasonable receptor or exposure sites which will be af-
fected by the mobile source activity expected to be at-
tracted by the indirect source. Such determination may
be made by using traffic flow characteristic guidelines
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published by the Environmental Protection Agency which
relate traffic demand and capacity considerations to am-
bient carbon monoxide impact, by use of appropriate at-
mospheric diffusion models (examples of which are refer-
enced in Appendix 0 to Part 51 of this chapter), and/or
by any other reliable analytic method. The applicant
may (but need not) submit with his application, the re-
sults of an appropriate diffusion model and/or any other
reliable analytic method, along with the technical data
and information supporting such results. Any such results
and supporting data submitted by the applicant shall be
considered by the Administrator in making his determina-
tion pursuant to paragraph (b) (4) (i) (b) of this sec-
tion.
(5) (i) For airports subject to this paragraph, the Administrator
shall base his decision on the approval or disapproval of
an application on the considerations to be published as
an Appendix to this Part.
(ii) For highway projects and parking facilities specified
under paragraph (b) (2) of this section which are assoc-
iated with airports, the requirements and procedures
specified in paragraphs (b) (4) and (6) (i) and (ii) of
this section shall be met.
(.6) (i) For all highway projects subject to this paragraph, the
Administrator shall not approve an application to con-
struct or modify if he determines that the indirect source
will:
(a) Cause a violation of the control strategy of any ap-
plicable state implementation plan; or
(b) Cause or exacerbate a violation of the national stan-
dards for carbon monoxide in any region or portion
thereof.
(ii) The determination pursuant to paragraph (b) (6) (i) (b)
of this section shall be made by evaluating the anticipa-
ted concentration of carbon monoxide at reasonable re-
ceptor or exposure sites which will be affected by the
mobile source activity expected on the highway for the ten
year period following the expected date of completion ac-
cording to the procedures specified in paragraph (b) (4)
(ii) of this section.
(iii) For new highway projects subject to this paragraph with
an anticipated average daily traffic volume of 50,000 or
more vehicles within ten years of construction, or mod-
ifications to highway projects subject to this paragraph
which will increase average daily traffic volume by 25,000
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or more vehicles within ten years after modification, the
Administrator's decision on the approval or disapproval
of an application shall be based on the considerations to
be published as an Appendix to this Part in addition to
the requirements of paragraph (b) (6) (i) of this section.
(7) The determination of the air quality impact of a proposed indi-
rect source "at reasonable receptor or exposure sites", shall mean
such locations where people might reasonably be exposed for time
periods consistent with the national ambient air quality standards
for the pollutants specified for analysis pursuant to this para-
graph .
(8) (i) Within 20 days after receipt of an application or addition
thereto, the Administrator shall advise the owner or opera-
tor of any deficiency in the information submitted in sup-
port of the application. In the event of such a defi-
ciency, the date of receipt of the application for the
purpose of paragraph (b) (8) (ii) of this section shall
be the date on which all required information is received
by the Administrator.
(ii) Within 30 days after receipt of a complete application,
the Administrator shall:
(a) Make a preliminary determination whether the indirect
source should be approved, approved with conditions
in accordance with paragraphs (b) (9) or (10) of this
section, or disapproved.
(b) Make available in at least one location in each re-
gion in which the proposed indirect source would be
constructed, a copy of all materials submitted by the
owner or operator, a copy of the Administrator's
preliminary determination, and a copy or summary of
other materials, if any, considered by the Adminis-
trator in making his preliminary determination; and
(c) Notify the public, by prominent advertisement in a
newspaper of general circulation in each region in
which the proposed indirect source would be con-
structed, of the opportunity for written public com-
ment on the information submitted by the owner or
operator and the Administrator's preliminary deter-
mination on the approvability of the indirect source.
(iii) A copy of the notice required pursuant to this subpara-
graph shall be sent to the applicant and to officials
and agencies having cognizance over the location where
the indirect source will be situated, as follows: State
and local air pollution control agencies, the chief exec-
utive of the city and county; any comprehensive regional
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land use planning agency; and for highways, any local
board or committee charged with responsibility for activ-
ities in the conduct of the urban transportation planning
process (3-C process) pursuant to 23 U.S.C. 134.
(iv) Public comments submitted in writing within 30 days after
the date such information is made available shall be con-
sidered by the Administrator in making his final decision
on the application. No later than 10 days after the close
of the public comment period, the applicant may submit a
written response to any comments submitted by the public.
The Administrator shall consider the applicant's response
in making his final decision. All comments shall be made
available for public inspection in at least one location
in the region in which the indirect source would be lo-
cated.
(v) The Administrator shall take final action on an applica-
tion within 30 days after the close of the public comment
period. The Administrator shall notify the applicant in
writing of his approval, conditional approval, or denial
of the application, and shall set forth his reasons for
conditional approval or denial. Such notification shall
be made available for public inspection in at least one
location in the region in which the indirect source would
be located.
(vi) The Administrator may extend each of the time periods
specified in paragraphs (b) (8) (ii), (iv), or (v) of
this section by no more than 30 days, or such other peri-
od as agreed to by the applicant and the Administrator.
(9) (i) Whenever an indirect source as proposed by an owner or
operator's application would not be permitted to be con-
structed for failure to meet the tests set forth pursuant
to paragraphs (b) (4) (i), (b) (5) (1), or (b) (6) (i)
and (iii) of this section, the Administrator may impose
reasonable conditions on an approval related to the air
quality aspects of the proposed indirect source so that
such source, if constructed or modified in accordance
with such' conditions, could meet the tests set forth
pursuant to paragraphs (b) (4) (i), (b) (5) (i), or (b)
(6) (i) and (111) of this section. Such conditions may
include, but not be limited to:
(a) Binding commitments to roadway improvements or ad-
ditional mass transit facilities to serve the in-
direct source secured by the owner or operator from
governmental agencies having jurisdiction thereof;
(b) Binding commitments by the owner or operator to
specific programs for mass transit incentives for
employees and patrons of the source; and
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(c) Binding commitments by the owner or operator to con-
struct, modify, or operate the indirect source in
such a manner as may be necessary to achieve the
traffic flow characteristics published by the Envi-
ronmental Protection Agency pursuant to paragraph
(b) (4) (ii) of this section.
(ii) The Administrator may specify that any items of informa-
tion provided in an application for approval related to
the operation of an indirect source which may affect the
source's air quality impact shall be considered permit
conditions.
(10) Notwithstanding the provisions relating to modified indirect
sources contained in paragraph (b) (2) of this section, the Ad-
ministrator may condition any approval by reducing the extent to
which the indirect source may be further modified without resub-
mission for approval under this paragraph.
(11) Any owner or operator who fails to construct an indirect source
in accordance with the application as approved by the Administra-
tor; any owner or operator who fails to construct and operate an
indirect source in accordance with conditions imposed by the Ad-
ministrator under paragraph (b) (9) of this section; any owner
or operator who modifies an indirect source in violation of con-
ditions imposed by the Administrator under paragraph (b) (10) of
this section; or any owner or operator of an indirect source
subject to this paragraph who commences construction or modifi-
cation thereof after December 31, 1974, without applying for and
receiving approval hereunder, shall be subject to the penalties
specified under section 113 of the Act and shall be considered in
violation of an emission standard or limitation under section 304
of the Act. Subsequent modification to an approved indirect
source may be made without applying for permission pursuant to
this paragraph only where such modification would not violate any
condition imposed pursuant to paragraphs (b) (9) and (10) of this
section and would not be subject to the modification criteria set
forth in paragraph (b) (2) of this section.
(12) Approval to construct or modify shall become invalid if construc-
tion or modification is not commenced within 24 months after re-
ceipt of such approval. The Administrator may extend such time
period upon satisfactory showing that an extension is justified.
The applicant may apply for such an extension at the time of ini-
tial application or at any time thereafter.
(13) Approval to construct or modify shall not relieve any owner or
operator of the responsibility to comply with the control strategy
and all local, State and Federal regulations which are part of the
applicable State implementation plan.
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(14) Where the Administrator delegates the responsibility for imple-
menting the procedures for conducting indirect source review pur-
suant to this paragraph to any agency, other than a regional of-
fice of the Environmental Protection Agency, the following pro-
visions shall apply:
(i) Where the agency designated is not an air pollution
control agency, such agency shall consult the appropri-
ate State or local air pollution control agency prior to
making any determination required by paragraphs (b) (4),
(5), or (6) of this section. Similarly, where the agency
designated does not have continuing responsibilities for
land use planning, such agency shall consult with the
appropriate State or local land use and transportation
planning agency prior to making any determination re-
quired by paragraph (b) (9) of this section.
(ii) The Administrator of the Environmental Protection Agency
shall conduct the indirect source review pursuant to
this paragraph for any indirect source owned or operated
by the United States Government.
(iii) A copy of the notice required pursuant to paragraph (b)
(8) (ii) (c) of this section shall be sent to the Admin-
istrator through the appropriate Regional Office.
(15) In any area in which a "management of parking supply" regulation
which has been promulgated by the Administrator is in effect, in-
direct sources which are subject to review under the terms of such
a regulation shall not be required to seek review under this para-
graph but instead shall be required to seek review pursuant to
such management of parking supply regulation. For purposes of
this paragraph, a "management of parking supply" regulation shall
be any regulation promulgated by the Administrator as part of a
transportation control plan pursuant to the Clean Air Act which
requires that any new or modified facility containing a given num-
ber of parking spaces shall receive a permit or other prior approv-
al, issuance of which is to be conditioned on air quality consid-
erations.
(16) Notwithstanding any of the foregoing provisions to the contrary,
the operation of this paragraph is hereby suspended pending fur-
ther notice. No facility which commences construction prior to
the expiration of the sixth month after the operation of this para-
graph is reinstated (as to that type of facility) shall be subject
to this paragraph.
(37 FR 10846, May 31, 1972 as amended at 40 FR 28065, July 3,
1975; 40 FR 40160, Sept. 2, 1975)
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(17.0) 52.1829 Prevention of Significant Deterioration
(b) Definitions. For the purposes of this section:
(1) "Facility" means an identifiable piece of process equipment. A
stationary source is composed of one or more pollutant-emitting
facilities.
(2) The phrase "Administrator" means the Administrator of the Envi-
ronmental Protection Agency or his designated representative.
(3) The phrase "Federal Land Manager" means the head, or his desig-
nated representative, of any Department or Agency of the Fed-
eral Government which administers federally-owned land, includ-
ing public domain lands.
(4) The phrase "Indian Reservation" means any federally-recognized
reservation established by Treaty, Agreement, Executive Order,
or Act of Congress.
(5) The phrase "Indian Governing Body" means the governing body of
any tribe, band, or group of Indians subject to the jurisdiction
of the United States and recognized by the United States as pos-
sessing power of self-government.
(6) "Construction" means fabrication, erection or installation of a
stationary source.
(7) "Commenced" means that an owner or operator has undertaken a
continuous program of construction or modification or that an
owner or operator has entered into a contractual obligation to
undertake and complete, within a reasonable time, a continuous
program of construction or modification.
(c) Area designation and deterioration increment
(1) The provisions of this paragraph have been incorporated by ref-
erence into the applicable implementation plans for various
States, as provided in Subparts B through ODD of this part. Where
this paragraph is so incorporated, the provisions shall also be
applicable to all lands owned by the Federal Government and In-
dian Reservations located in such State. The provisions of this
paragraph do not apply in those counties or other functionally
equivalent areas that pervasively exceeded any national ambient
air quality standards during 1974 for sulfur dioxide or particu-
late matter and then only with respect to such pollutants.
States may notify the Administrator at any time of those areas
which exceeded the national standards during 1974 and therefore
are exempt from the requirements of this paragraph.
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(2) (i) For purposes of this paragraph, areas designated as Class
I or II shall be limited to the following increases in
pollutant concentration occurring since January 1, 1975:
Area Designations
Pollutant Class I Class II
(ug/m3) (ug/m3)
Particulate matter:
Annual geometric mean 5 10
24-hr maximum 10 30
Sulfur dioxide:
Annual arithmetic mean 2 15
24-hr maximum 5 100
3-hr maximum 25 700
(ii) For purposes of this paragraph, areas designated as Class
III shall be limited to concentrations~of"particulate
matter and sulfur dioxide no greater than the national
ambient air quality standards.
(iii) The air quality impact of sources granted approval to
construct or modify prior to January 1, 1975 (pursuant to
the approved new source review procedures in the plan)
but not yet operating prior to January 1, 1975, shall not
be counted against the air quality increments specified
in paragraph (c) (2) (i) of this section.
(3) (1) All areas are designated Class II as of the effective
date of this paragraph. Redesignatton may be proposed by
the respective States, Federal Land Manager, or Indian
Governing Bodies, as provided below, subject to approval
by the Administrator.
(ii) The State may submit to the Administrator a proposal to
redesignate areas of the State Class I, Class II, or
Class III, provided that:
(a) At least one public hearing is held in or near the
area affected and this public hearing is held in
accordance with procedures established in 51.4 of
this chapter, and
(b) Other States, Indian Governing Bodies, and Federal
Land Managers whose lands may be affected by the
proposed redesignation are notified at least 30 days
prior to the public hearing, and
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(c) A discussion of the reasons for the proposed redes-
ignation is available for public inspection at least
30 days prior to the hearing and the notice announc-
ing the hearing contains appropriate notification of
the availability of such discussion, and
(d) The proposed redesignation is based on the record of
the State's hearing, which must reflect the basis
for the proposed redesignation, including consider-
ation of (1) growth anticipated in the area, (2)
the social, environmental, and economic effects of
such redesignation upon the area being proposed for
redesignation and upon other areas and States, and
(3) any impacts of such proposed redesignation upon
regional or national interests.
(e) The redesignation is proposed after consultation
with the elected leadership of local and other sub-
state general purpose governments in the area cov-
ered by the proposed redesignation.
(iii) Except as provided in paragraph (c) (3) (iv) of this
section, a State in which lands owned by the Federal Gov-
ernment are located may submit to the Administrator a
proposal to redesignate such lands Class I, Class II, or
Class III in accordance with subdivision (ii) of this
subparagraph provided that:
(a) The redesignation is consistent with adjacent State
and privately owned land, and
(b) Such redesignation is proposed after consultation
with the Federal Land Manager.
(iv) Notwithstanding subdivision (iii) of this subparagraph,
the Federal Land Manager may submit to the Administrator
a proposal to redesignate any Federal lands to a more
restrictive designation than would otherwise be applic-
able provided that:
(a) The Federal Land Manager follows procedures equiv-
alent to those required of States under paragraph
(c) (3) (ii) and,
(b) Such redesignation is proposed after consultation
with the State(s) in which the Federal Land is lo-
cated or which border the Federal Land.
(v) Nothing in this section is intended to convey authority
to the States over Indian Reservations where States have
not assumed such authority under other laws nor is it
intended to deny jurisdiction which States have assumed
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under other laws. Where a State has not assumed juris-
diction over an Indian Reservation the appropriate In-
dian Governing Body may submit to the Administrator a
proposal to redesignate areas Class I, Class II, or
Class III, provided that:
(a) The Indian Governing Body follows procedures equiv-
alent to those required of States under paragraph
(c) (3) (ii) and,
(b) Such redesignation is proposed after consultation
with the State(s) in which the Indian Reservation
is located or which border the Indian Reservation
and, for those lands held in trust, with the approv-
al of the Secretary of the Interior.
(vi) The Administrator shall approve, within 90 days, any re-
designation proposed pursuant to this subparagraph as
follows:
(a) Any redesignation proposed pursuant to subdivisions
(ii) and (iii) of this subparagraph shall be approv-
ed unless the Administrator determines (1) that the
requirements of subdivisions (ii) and (iii) of this
subparagraph have not been complied with, (2) that
the State has arbitrarily and capriciously disre-
garded relevant considerations set forth in sub-
paragraph (3) (ii) (d) of this paragraph, or (3)
that the State has not requested and received dele-
gation of responsibility for carrying out the new
source review requirements of paragraphs (d) and (e)
of this section.
(b) Any redesignation proposed pursuant to subdivision
(iv) of this subparagraph shall be approved unless
he determines (1) that the requirements of subdivi-
sion (iv) of this subparagraph have not been complied
with, or (2) that the Federal Land Manager has arbi-
trarily and capriciously disregarded relevant con-
siderations set forth in subparagraph (3) (ii) (d) of
this paragraph.
(c) Any redesignation submitted pursuant to subdivision
(v) of this subparagraph shall be approved unless he
determines (1) that the requirements of subdivision
(v) of this subparagraph have not been complied with,
or (2) that the Indian Governing Body has arbitrar-
ily and capriciously disregarded relevant consider-
ations set forth in subparagraph (3) (ii) (d) of this
paragraph.
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(d) Any redesignation proposed pursuant to this para-
graph shall be approved only after the Administrator
has solicited written comments from affected Federal
agencies and Indian Governing Bodies and from the
public on the proposal.
(e) Any proposed redesignation protested to the propos-
ing State, Indian Governing Body, or Federal Land
Manager and to the Administrator by another State or
Indian Governing Body because of the effects upon
such protesting State or Indian Reservation shall be
approved by the Administrator only if he determines
that in his judgment the redesignation appropriately
balances considerations of growth anticipated in the
area proposed to be redesignated; the social, envi-
ronmental and economic effects of such redesignation
upon the area being redesignated and upon other areas
and States; and any impacts upon regional or nation-
al interests.
(f) The requirements of paragraph (c) (3) (vi) (a) (3)
that a State request and receive delegation of the
new source review requirements of this section as a
condition to approval of a proposed redesignation,
shall include as a minimum receiving the administra-
tive and technical functions of the new source re-
view. The Administrator will carry out any required
enforcement action in cases where the State does not
have adequate legal authority to initiate such ac-
tions. The Administrator may waive the requirements
of paragraph (c) (3) (vi) (a) (3) if the State Attor-
ney-General has determined that the State cannot ac-
cept delegation of the administrative/technical func-
tions.
(vii) If the Administrator disapproves any proposed area desig-
nation under this subparagraph, the State, Federal Land
Manager or Indian Governing Body, as appropriate, may re-
submit the proposal after correcting the deficiencies
noted by the Administrator or reconsidering any area des-
ignation determined by the Administrator to be arbitrary
and capricious.
(d) Review of new sources
(1) The provisions of this paragraph have been incorporated by refer-
ence into the applicable implementation plans for various States,
as provided in Subparts B through ODD of this part. Where this
paragraph is so incorporated, the requirements of this paragraph
apply to any new or modified stationary source of the type iden-
tified below which has not commenced construction or modification
prior to June 1, 1975 except as specifically provided below. A
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source which is modified, but does not increase the amount of
sulfur oxides or particulate matter emitted, or is modified to
utilize an alternative fuel, or higher sulfur content fuel, shall
not be subject to this paragraph.
(i) Fossil-Fuel Steam Electric Plants of more than 1000 mil-
lion B.T.U. per hour heat input.
(ii) Coal Cleaning Plants.
(iii) Kraft Pulp Mills.
(iv) Portland Cement Plants.
(v) Primary Zinc Smelters.
(vi) Iron and Steel Mills.
(vii) Primary Aluminum Ore Reduction Plants.
(viii) Primary Copper Smelters.
(ix) Municipal Incinerators capable of charging more than 250
tons of refuse per 24 hour day.
(x) Sulfuric Acid Plants.
(xi) Petroleum Refineries.
(xii) Lime Plants.
(xiii) Phosphate Rock Processing Plants.
(xiv) By-Product Coke Oven Batteries.
(xv) Sulfur Recovery Plants.
(xvi) Carbon Black Plants (furnace process).
(xvii) Primary Lead Smelters.
(xvlii) Fuel Conversion Plants.
(xix) Ferroalloy production facilities commencing construction
after October 5, 1975.
(2) No owner or operator shall commence construction or modification
of a source subject to this paragraph unless the Administrator de-
termines that, on the basis of information submitted pursuant to
subparagraph (3) of this paragraph:
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(i) The effect on air quality concentration of the source or
modified source, in conjunction with the effects of growth
and reduction in emissions after January 1, 1975, of other
sources in the area affected by the proposed source, will
not violate the air quality increments applicable in the
area where the source will be located nor the air quality
increments applicable in any other areas. The analysis of
emissions growth and reduction after January 1, 1975, of
other sources in the areas affected by the proposed source
shall include all new and modified sources granted approv-
al to construct pursuant to this paragraph; reduction in
emissions from existing sources which contributed to air
quality during all or part of 1974; and general commer-
cial, residential, industrial, and other sources of emis-
sions growth not exempted by paragraph (c) (2) (111) of
this section which has occurred since January 1, 1975.
(ii) The new or modified source will meet an emission limit,
to be specified by the Administrator as a condition to
approval, which represents that level of emission reduc-
tion which would be achieved by the application of best
available control technology, as defined in 52.01 (f),
for particulate matter and sulfur dioxide. If the Admin-
istrator determines that technological or economic limi-
tations on the application of measurement methodology to
a particular class of sources would make the imposition
of an emission standard infeasible, he may instead pre-
scribe a design or equipment standard requiring the appli-
cation of best available control technology. Such standard
shall to the degree possible set forth the emission re-
ductions achievable by implementation of such design or
equipment, and shall provide for compliance by means which
achieve equivalent results.
(iii) With respect to modified sources, the requirements of sub-
paragraph (2) (ii) of this paragraph shall be applicable
only to the facility or facilities from which emissions
are increased.
(3) In making the determinations required by paragraph (d) (2) of this
section, the Administrator shall, as a minimum, require the owner
or operator of the source subject to this paragraph to submit:
site information, plans, description, specifications, and drawings
showing the design of the source; information necessary to de-
termine the impact that the construction or modification will have
on sulfur dioxide and particulate matter air quality levels; and
any other information necessary to determine that best available
control technology will be applied. Upon request of the Adminis-
trator, the owner or operator of the source shall provide informa-
tion on the nature and extent of general commercial, residential,
industrial, and other growth which has occurred in the area af-
fected by the source's emissions (such area to be specified by the
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Administrator) since January 1, 1975.
(4) (i) Where a new or modified source is located on Federal
Lands, such source shall be subject to the procedures
set forth in paragraphs (d) and (e) of this section.
Such procedures shall be in addition to applicable pro-
cedures conducted by the Federal Land Manager for admin-
istration and protection of the affected Federal Lands.
Where feasible, the Administrator will coordinate his
review and hearings with the Federal Land Manager to
avoid duplicate administrative procedures.
(ii) New or modified sources which are located on Indian
Reservations shall be subject to procedures set forth in
paragraphs (d) and (e) of this section. Such procedures
shall be administered by the Administrator in cooperation
with the Secretary of the Interior with respect to lands
over which the State has not assumed jurisdiction under
other laws.
(iii) Whenever any new or modified source is subject to action
by a Federal Agency which might necessitate preparation
of an environmental impact statement pursuant to the
National Environmental Policy Act (42 U.S.C. 4321), re-
view by the Administrator conducted pursuant to this
paragraph shall be coordinated with the broad environmen-
tal reviews under that Act, to the maximum extent feas-
ible and reasonable.
(5) Where an owner or operator has applied for permission to con-
struct or modify pursuant to this paragraph and the proposed
source would be located in an area which has been proposed for
redesignation to a more stringent class (or the State, Indian
Governing Body, or Federal Land Manager has announced such con-
sideration), approval shall not be granted until the Administra-
tor has acted on the proposed redesignation.
(e) Procedures for public participation
(1) (i) Within 20 days after receipt of an application to con-
struct, or any addition to such application, the Admin-
istrator shall advise the owner or operator of any de-
ficiency in the information submitted in support of the
application. In the event of such a deficiency, the date
of receipt of the application for the purpose of para-
graph (e) (1) (ii) of this section shall be the date on
which all required information is received by the Admin-
istrator.
(ii) Within 30 days after receipt of a complete application,
the Administrator shall:
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(a) Make a preliminary determination whether the source
should be approved, approved with conditions, or dis-
approved.
(b) Make available in at least one location in each re-
gion in which the proposed source would be construct-
ed, a copy of all materials submitted by the owner or
operator, a copy of the Administrator's preliminary
determination and a copy or summary of other materi-
als, if any, considered by the Administrator in mak-
ing his preliminary determination; and
(c) Notify the public, by prominent advertisement in
newspaper of general circulation in each region in
which the proposed source would be constructed, of
the opportunity for written public comment on the in-
formation submitted by the owner or operator and the
Administrator's preliminary determination on the ap-
provability of the source.
(iii) A copy of the notice required pursuant to this subpara-
graph shall be sent to the applicant and to officials and
agencies having cognizance over the locations where the
source will be situated as follows: State and local air
pollution control agencies, the chief executive of the
city and county; any comprehensive regional land use plan-
ning agency; and any State, Federal Land Manager or In-
dian Governing Body whose lands will be significantly af-
fected by the source's emissions.
(iv) Public comments submitted in writing within 30 days after
the date such information is made available shall be con-
sidered by the Administrator in making his final decision
on the application. No later than 10 days after the
close of the public comment period, the applicant may sub-
mit a written response to any comments submitted by the
public. The Administrator shall consider the applicant's
response in making his final decision. All comments shall
be made available for public'inspection in at least one
location in the region in which the source would be located.
(v) The Administrator shall take final action on an applica-
tion within 30 days after the close of the public comment
period. The Administrator shall notify the applicant in
writing of his approval, conditional approval, or denial
of the application, and shall set forth his reasons for
conditional approval or denial. Such notification shall
be made available for public inspection in at least one
location in the region in which the source would be lo-
cated.
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(vi) The Administrator may extend each of the time periods
specified in paragraph (e) (1) (ii), (iv), or (v) of this
section by no more than 30 days or such other period as
> agreed to by the applicant and the Administrator.
(2) Any owner or operator who constructs, modifies, or operates a
stationary source not in accordance with the application, as ap-
proved and conditioned by the Administrator, or any owner or op-
erator of a stationary source subject to this paragraph who com-
mences construction or modification after June 1, 1975, without
applying for and receiving approval hereunder, shall be subject
to enforcement action under section 113 of the Act.
(3) Approval to construct or modify shall become invalid if construc-
tion or expansion is not commenced within 18 months after receipt
of such approval or if construction is discontinued for a period
of 18 months or more. The Administrator may extend such time pe-
riod upon a satisfactory showing that an extension is justified.
(4) Approval to construct or modify shall not relieve any owner or
operator of the responsibility to comply with the control strat-
egy and all local, State, and Federal regulations which are part
of the applicable State Implementation Plan.
(f) Delegation of authority
(1) The Administrator shall have the authority to delegate responsi-
bility for implementing the procedures for conducting source re-
view pursuant to paragraphs (d) and (e), in accordance with sub-
paragraphs (2), (3), and (4) of this paragraph.
(2) Where the Administrator delegates the responsibility for imple-
menting the procedures for conducting source review pursuant to
this section to any Agency, other than a regional office of the
Environmental Protection Agency, the following provisions shall
apply:
(i) Where the agency designated is not an air pollution con-
trol agency, such agency shall consult with the appropri-
ate State and local air pollution control agency prior to
making any determination required by paragraph (d) of
this section. Similarly, where the agency designated
does not have continuing responsibilities for managing
land use, such agency shall consult with the appropriate
State and local agency which is primarily responsible for
managing land use prior to making any determination re-
quired by paragraph (d) of this section.
(ii) A copy of the notice pursuant to paragraph (e) (1) (ii)
(c) of this section shall be sent to the Administrator
through the appropriate regional office.
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(3) In accordance with Executive Order 11752, the Administrator's
authority for implementing the procedures for conducting source
review pursuant to this section shall not be delegated, other than
to a regional office of the Environmental Protection Agency, for
new or modified sources which are owned or operated by the Federal
government or for new or modified sources located on Federal lands;
except that, with respect to the latter category, where new or
modified sources are constructed or operated on Federal lands pur-
suant to leasing or other Federal agreements, the Federal land
Manager may at his discretion, to the extent permissible under ap-
plicable statutes and regulations, require the lessee or permittee
to be subject to a designated State or local agency's procedures
developed pursuant to paragraphs (d) and (e) of this section.
(4) The Administrator's authority for implementing the procedures for
conducting source review pursuant to this section shall not be re-
delegated, other than to a regional office of the Environmental
Protection Agency, for new or modified sources which are located
on Indian reservations except where the State has assumed juris-
diction over such land under other laws, in which case the Admin-
istrator may delegate his authority to the States in accordance
with subparagraphs (2), (3), and (4) of this paragraph.
(39 FR 42514, Dec. 5, 1974; 40 FR 2802, Jan. 16, 1975, as
amended at 40 FR 24535, June 9, 1975; 40 FR 25005, June 12,
2975; 40 FR 42012, Sept. 10, 1975)
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