PUBLIC COMMENT SUMMARY:

             OPACITY PROVISIONS

                   UNDER

         STANDARDS OF PERFORMANCE

        FOR NEW STATIONARY SOURCES

             OF AIR POLLUTION
       Environmental Protection Anency
      Office of Air and Waste Management
Office of Air Quality Planning and Standards
Research Triangle Park, North Carolina  27711
              "August 1975

-------
                                                                    26099
Introduction

     On April 22, 1975 (40 FR 17778),  the Environmental  Protection
Agency (EPA) issued a notice requesting  comments  from  all  interested
persons on the opacity provisions under  the  standards  of performance
for new stationary sources of air pollution  (40 CFR  Part 60).  The
opacity provisions are included under  40 CFR 60.11 and Reference
Method 9 of Appendix A.   Comments were also  requested  on the report
entitled "Reevaluation of Opacity Standard of Performance  for
Asphalt Concrete Plants."

     Table 1 presents the number of persons  commenting by  affiliation
category and Table 2 lists the name and  affiliation  of each person
who commented.  A summary of the comments and EPA's  responses  follows
Table 2.  Reference has been made in response to  several  comments to
the "EPA Response to Remand Ordered by U. S. Court of  Appeals  for the
District of Columbia in Portland Cement  Association  v.  Ruckelshaus
(436 F.2d 375, June 29, 1973)."  Copies  of this document are available
upon request from the Emission Standards and Engineering Division,
Environmental Protection Agency, Research Triangle Park, North Carolina
27711, Attention:  Mr. Don R. Goodwin.

-------
        Comment Summary:  Opacity Provisions




Table 1.  Number of Commentators by Affiliation Category
Category
State or Local Air Pollution
Control Agency
U. S. Environmental Protection Agency
Other Federal Agencies
Asphalt Concrete Pavement Associations
Asphalt Concrete Companies or Contractors
Asphalt Plant Equipment Manufacturers
Electric Utility Industry
Portland Cement Industry
Iron and Steel Industry
Consulting Firms
Instrument Manufacturers
Air Pollution Control Equipment
Manufacturers
Miscellaneous
Total
Code
A
B
C
D
E
F
G
H
I
J
K
L
M

Number
Received
13
3
1
6
23
. 1
6
6
3
1
4
3
_5
75

-------
Table 2.  List of Commentators on April  22, 1975, Federal  Register Notice
Comment
Number
AC-1
AC-2
AC-3
AC-4
AC-5
AC-6
AC-7
AC-8
AC-9
AC- 10
AC-11
AC-1 2
AC-1 3
AC-14
AC-1 5
AC-1 6
AC- 17
AC-18
AC-1 9
AC-20
AC-21
AC-22
AC-23
AC-24
J.
W.
J.
I.
R.
H.
D.
M.
G.
R.
W.
W.
D.
H.
E.
Bi
J.
H.
M.
C.
P.
J.
S.
W.
Commentator
W. Koontz
Simmons
A. Redmond
L. Dickstein
G. Lunche
N. Troy
M. Anderson
C. Cordaro
F. McGowan
W. Heimsoth
Simmons
R. Meyer
M. Thomas
R. Smith
V. Fitzpatrick
11 Stewart
W. Gallion
P. Wolfe
Feaster
E. Minor
E. Todd
P. DiRenzo
W. Simmons
H. Vanderlinden, Or
                                              Affiliation
                                   Prince George's County, Dept.  of
                                     Health, Division of Air
                                     Pollution Control
                                   State of Calif., Air Resources
                                     Board
                                   State of Florida, Dept. of
                                     Pollution Control
                                   EPA, Enforcement Region VIII
                                   Los Angeles County APCD
                                   Owens-Illinois
                                   Bethlehem Steel Corp.
                                   Long Island Lighting Co.
                                   Lear Siegler Inc.
                                   Photomation Inc.
                                   State of Calif., Air Resources
                                     Board
                                   Commonwealth of Virginia, State
                                     Air Pollution Control Board
                                   San Bernardino County APCD
                                   U. S. Department of Defense
                                   EPA, Surveillance and Analysis
                                     Division, Region I
                                   Texas Air Control Board
                                   Oklahoma, State Dept. of Health
                                   Limestone Sales, Inc.
                                   Ritchie Construction Co., Inc.
                                   Asphalt Paving Association of
                                     Washington,  Inc.
                                   Percy Todd Manufacturing Co.
                                   Ackworth Materials Corp.
                                   Eastern  Industries,  Inc.
                                   Midstate Contractors,  Inc.
Code
  A
  B
  A
  K
  I
  G
  K
  K
  A
  A
  C
  B

  A
  A
  E
  E
  D

  L
  E
  E
  E

-------
Table 2 (continued)
Comment
Number
AC-25
AC-26
AC-27
AC-28
AC-29
AC-30
AC-31
AC-32
AC-33
AC -34
AC-35
AC^36
ACr37
AC-38
AC-39
AC-40
AC-41
AC-42
AC-43
AC-44
AC-45
AC-46
AC-4.7
AC-48
AC-49
AC -50
AC-51
F.
J.
H.
Wv
R.
J.
w.
B.
E.
C.
E.
E.
F.
W.
E.
T.
J.
L.
C.
B.
J.
D.
M.
H.
R,
R.
J.
Commentator
H. Eller
E. Laird
Ratrie
E. Hooper
G. Lunche
T. Via, Jr.
S. Smith
R. Anthony
M. Allen, Jr.
B. Eller
Bartus
R, Berry
J. Crosby
R. McCormick
F, Arps
D. Parnell
Critehfield
L. Warner
A. Fenet
B. Ross, Jr.
E. Mummert
Y. Maclver
F. L. Stewart, Jr
L. Haddock
J. Bartell
L. Yarbrough
C. Snyder
                  Affiliation                Code
        Interstate Equipment Co.               L
        The Maryland Asphalt Assoc,, Inc.      D
        Ratrie, Robbins, & Schweizer, Inc.     E
        Central Paving Co,                     E
        Los Angeles County APCD                A
        Tucspn Gas & Electric Co.              G
        Entropy Environmentalists, Inc.        J
        Washita Construction Co.               E
        Murray Co., Inc.                       E
        EPA, Surveillance and Analysis         B
          Division, Region IX
        Unknown                                M
        Asphalt Pavers Asspc,, Inc,            D
        Ward Pavements, Inc.                   E
        Southwestern Portland Cement           H
          Co., Eastern Division
        Tri County Asphalt Corp.               E
        Hall & Barber, Inc,                    E
        Associated General Contractors         E
        Southwestern Portland Cement Co.,      H
          Eastern Division
        R. E. Heidt Construction Co.           E
        Carolina Asphalt Pavement              D
          Assoc., Inc.
        Soutjiwes.tern Portland Cement,  Southwest H
           Division
        Southwestern Portland Cement Co.       H
        Asphalt Manufacturers Assoc. of        D
          Western Pa.
        Crowell Constructors, Inc.             E
        Iowa Manufacturing Co.                 F
        University Asphalt Co.                 E
        The Buffalo Slag Co., Inc.             E

-------
Table 2 (continued)
Comment
Number
AC-52
AC-53
AC-54
AC-55
AC-56
AC-57
AC-58
AC-59
AC-60
AC-61
AC-62
AC-63
AC-64
AC-65
AC-66
AC-67
AC -68
AC-69
AC-70
AC-71
AC-72
AC-73
AC-74
AC-75
Commentator
F. D. Pickar
W. R. Cady
C. J. Heath
S. J. Acquaviva
D. S. Cahn
V. L. Sewell
R. L. Smith
J. F. Denton
W. R. Meyer
C. M. Brown
H. E. Dunkel burger, Or
and T. L. Garrett
M. C. Cordaro
R. H. Berby
R. Dworek
J. L. Gil Inland
L. V. Earnhardt
W. C. Achinger
H. Wong-Woo
J. R. Jannarone
H. N. Troy
J. B. Moore
T. N. Combs
T. McKie
P. A. Krenkel
                  Affiliation                Code
        Arrowhead Blacktop Co.                 E
        Allied Chemical                        E
        Precipitation Assoc. of America,       L
          Inc.
        Golden Glades Materials, Inc.          E
        Amcord                                 M
        Texas Industries, Inc.                 M
        Warren Bros. Co.                       E
        Warren Bros. Co.                       E
        Commonwealth of Virginia, State    :    A
          Air Pollution Control Board
        Republic Steel Corp.                   I
        Covington & Burling representing       E
          Warren Bros. Co.
        Long Island Lighting Co.               G
        Kaiser Cement & Gypsum Corp.           H
        United States Steel Corp.              I
        Ideal Basic Industries, Cement         H
          Division
        The Fountain Sand and Gravel Co.       M
        Wayne County Dept. of Health,          A
          Air Pollution Control Division
        State of California, Air Resources     A
          Board
        Con Edison of New York                 G
        Owens-Illinois                         K
        So. Calif. Edison Co.                  G
        Webster, Kilcullen & Chamberlain       D
          representing  National Asphalt
          Pavement Association
        Unknown                                M
        Tennessee Valley Authority             G

-------
                    Comment Summary and EPA Responses
    The comments on the opacity provisions are categorized and presented
according to the provisions to which thev primarily pertain.  Following
each summarized comment is a coded listing of all commentators who
commented on that issue (see Table 2) and their affiliation (see Table 1)

Section 60.11
1.  The provisions of §60.11(e) are a necessary step toward establishment
    of reasonable opacity standards.  AC-65(I)

    Resoonse:  No response necessary.
2.  EPA should add provisions similar to those of §60.11(e)(2) which
    would allow establishment of alternative opacity standards for
    fugitive emission sources.  Suggest ambient afr sampling around
    the facility.  A
    Response:  The suggested alternative provisions are not necessary
    and would defeat the nurpose of opacity standards for fugitive
    emission sources.  Opacity standards are established for fugitive
    emission sources to require the owner or operator to direct proper
    attention to maintenance and housekeeping practices at the facility
    as well as to nroner ducting of all emission points.  nnacitv
    standards for fugitive emissions are established at a level such that
    if the facility is properly designed, and proper maintenance and
    housekeeping practices are implemented, the standards can be met
    easily.


    The provisions of §60.11(e) are meaningless if. State and local air
    pollution control agencies do not adopt a similar exception procedure
    because the source will still be subject to the more restrictive
    local regulation.  EPA should deny establishment of special stan-
    dards under §60.11(e) if the State or local air pollution control
    agency does not also allow such petitions.  AC-66(H), AC-68(A)

    Response:  EPA believes that the provisions of §60.11(e) are necessary
    and meaningful without States adopting similar exception procedures.
    The EPA regulation bases determination of compliance with opacity
    standards of performance on single sets of 24 observations taken
    in accordance with Method 9, while most State and local regulations
    base compliance on an opacity level which is not to be exceeded
    except for allowed time periods.  Since the standards and the methods
    of determining compliance are not comparable, whether or not a source
    requires an exemption from the local regulation is dependent on the
    level of the local opacity standard and the duration of the time

-------
    exemption.  Obviously, such an analysis must be conducted on a
    case-by-case basis and cannot be adequately addressed here.   It
    is expected that very few special opacity standards will  need to
    be established under the provisions of §60.11(e) since opacity
    standards of performance are established at levels which  consider
    maximum expected effects of stack diameter, particle diameter,
    and other significant variables.
4.  Disagree with the provisions of §60.11(e) since it allows the
    Administrator to establish alternative opacity standards without
    requiring the source to first demonstrate compliance with all
    applicable standards.  AC-16(A)

    Response:  The provisions of §60.11(e)(3) clearly require the
    owner or operator to demonstrate that the facility was operated
    and maintained in a manner to minimize the opacity of emissions
    during the performance test; that the performance tests were
    properly conducted; and that the facility and its associated
    air pollution control equipment cannot be adjusted to meet the
    applicable opacity standard.
    The provisions of §60.11(el in effect grant waivers from opacity
    standards for certain sources.  These provisions are in conflict
    with existing EPA policies and ignore health effects of pollution
    by allowing increased emissions of fine particles.  AC-5(A),
    AC-29(A)

    Response:  The provisions of §60.11(e) are not in conflict with
    EPA policies, but provide consideration for anomalous sources
    which cannot be adjusted to comply with the opacity standard.
    Special opacity standards will be established under the provisions
    of §60.11(e) only if it can be demonstrated that:  (1) the facility
    was operated in a manner to minimize the opacity of emissions from
    the source, (2) the performance tests were properly conducted and
    showed the facility to be in compliance with the applicable mass
    or concentration standards, and (3) the facility and control equip-
    ment cannot be adjusted to meet the applicable opacity standards.
    Establishing special standards under these conditions is consistent
    with EPA's policy that where opacity and concentration or mass
    standards are applicable to the same source, the opacity standard
    will not be more restrictive than the concentration or mass standard.

-------
    The health effects of emissions  from a source category are  reflected
    in the development of the concentration or mass  standard and  in the
    determination of the best system of emission reduction considering
    costs.  The concentration or mass standard for a given  source category
    is established at a level which  will result  in  the design,  installa-
    tion, and operation of the best  adequately demonstrated system  of
    emission reduction.  Any associated opacity  standard is established
    at a level which will require  proper operation  and maintenance  of
    the air pollution control system but will not require the  design
    and installation of a more efficient control system.  Establishment
    of separate opacity standards  for anomalous  sources which  cannot
    be adjusted to comply with the source category  opacity standard
    does not exempt these sources  from  compliance with the concentration
    or mass standard, which is the more restrictive of the two standards.
    The impact of the emission source on ambient air quality, thus,
    is minimized to the level achievable by best control technology,
    and further reductions are not achievable  at a  reasonable  cost.
    Any separate opacity standard  established under §60.11(e)  will  be
    set at a level which requires  proper operation  and maintenance  of
    the control system.  EPA does  agree with  the commentator that opacity
    standards can be a means of regulating fine  particulate emissions;
    however, EPA also believes that  it  is preferable to expressly regu-
    late these emissions in the size range of interest.  Therefore,
    opacity standards of performance are not  used for the purpose of
    regulating fine particle emissions.


6.  Section  GO.llCe) will make enforcement of  opacity standards overly
    complex because there will be  different opacity standards  for
    different plants in the same source category.  AC-5(A)

    Response:  Opacity standards of  performance  are established at
    levels such that well-controlled plants with stack diameters and
    other parameters in the expected range can  comply with the opacity
    standard if they comply with the concentration, or  mass standard.   EPA
    believes that the situations where  special  standards are required
    will be very rare.  The provisions  of §60.11(e), therefore, are not
    expected to make enforcement of  opacity standards  overly complex.
    In addition, EPA believes that it is not unreasonable to expect the
    enforcement officer to familiarize himself with the applicable
    standards for a facility prior to surveillance of that facility.


7.  The provisions of §60.11(e)(2) would be unnecessary if EPA obtained
    data representative of the entire so.urce category and did  not
    establish overly stringent opacity standards.  AC-52(E), AC-59(E),
    AC-62(E), AC-73(D)

-------
     Response:   Opacity standards  are not established at an  overly
     restrictive level  for facilities using best systems of  emission
     reduction.   EPA establishes opacity  standards  at a  reasonable
     level  which is  based on data  from facilities operating  within
     the known  range of variables.   The provisions  of §60.11(e) were
     established to  provide accommodation for situations where  operating
     and design  variables are outside of  the expected range.  As  was
     indicated  in the November 12,1974, Federal  Register publication,
     the situations  where use of the special  standards provisions is
     necessary  are expected to be  extremely infrequent.

 8.   EPA should  not  allow instrument data to take precedence  over
     opacity  observations by qualified observers.   AC-5(A),  AC-29(A)

     Response:   Section 60.11(b) does  not allow  instrument data to
     take precedence over observations by qualified observers,  but
     rather in  certain  situations  and  under certain conditions  allows
     their  use merely as  probative,  not conclusive, evidence.   Obserr
     vations  taken in accordance with  Method 9 by qualified observers
     still  remains the  primary and accepted means of determining  com-
     pliance  with opacity standards  of performance.


9.  Use of in-stack  transmissometers to establish compliance with opacity
    standards is an  unacceptable  approach in cases  where condensation of
    parti oil ate matter occurs upon emission to the  atmosphere (e.g.  SO-i
    or HC1  in the effluent gas stream).  AC-5(A), AC-29(A)

     Response:  As noted  in  the discussion of the November 12, 1974 (39 FR
     39372),  revisions  to 40  CFR 60.11  and  Reference flethod 9, in-st*ck
     transmissometers are not  used to establish compliance with opacity
     standards.   Section  60.11(b) specifies that Reference Method  9 is the
     means  for determining  compliance with  opacity  standards; however,
     data from in-stack transmissometers may be submitted as probative,
     but  not  conclusive,  evidence of compliance.  EPA agrees that  in.-stack
     measurements  of  opacity  could possibly be a meaningless indication
     of  actual plume  opacity  when the  effluent contains condensable com-
     pounds.  In  any  submittal of data  from continuous monitoring  by trans-
     missometer,  EPA  would  consider  the relevancy of  these data to the
     question of  the  plume  opacity in  addition to reviewing the evidence
     submitted by  the source  owner shoving  that the  transmissometer meets
     Performance  Specification 1 in Appendix B, that  the  transmissometer has
     been properly maintained and calibrated, and that the data have not
     been tampered with in  any way.  Obviously, such  a review must be
     conducted on  an  individual case basis.  Even in  situations where the
     results  from  continuous  monitoring by  transmissometer are accepted as
     probative evidence,  the  results of opacity readings  by f'ethod 9
     remain presumptively valid and  correct.

-------
     For source categories whose emissions contain appreciable amounts
     of condensable compounds and have applicable opacity standards,  EPA
     does not require installation of an in-stack transmissometer.
     Should a facility unexpectedly have appreciable quantities of
     condensed compounds such that in-stack measurement of opacity
     is meaningless, the provisions of §60.11(i) allot'.1 the owner or
     operator to request exemption from the monitoring requirement.
10.   Method 9 observations should be subordinate to data from in-stack
     transmissometers since these data are more accurate than Method 9
     observations, in-stack transmissometers are the primary reference
     during observer certification,  and transmissometer data do not vary
     v.'ith illumination and other environmental  conditions.   Method 9
     should be retained only for use at facilities without  in-stack
     transmissometers.  AC-6(K), AC-8(G),  AC-56(M), AC-62(E), AC-70(G),
     AC-71(K)

     Response:  Method 9 has been demonstrated  to be of sufficient
     accuracy for determining compliance with opacity standards when
     the positive error is taken into consideration in determining possible
     violations.   In addition, Method 9 is being retained as the primary
     and accepted means for determining compliance in order to have a
     consistent regulatory and enforcement approach for all  stationary
     sources.  Data from in-stack transmissometers are not  accepted
     as the means for demonstrating  compliance  with opacity standards
     because of the difficulties involved  for the enforcement agency
     in verifying that the transmissometer has  been properly calibrated,
     operated, and maintained.  However, in-stack transmissometer data
     may be submitted as probative (but not conclusive) evidence of the
     actual opacity of emissions.


11.   Since §60.11(b) allows the use  of in-stack transmissometers as
     probative evidence of compliance, EPA should develop criteria for
     reduction of the transmissometer data.  Factors that should be
     considered include averaging periods, data reduction of transitory
     peak periods, correction of the data  to stack exit diameter values,
     the effects  of non-uniform processes, and  the effect of air inleakage
     after the transmissometer and before  the stack exit.  AC-63(G)

     Response:  Such criteria have been developed and are part of the
     specifications on continuous monitoring which will be  promulgated
     in the Federal Register in the  future.


12.   The provisions of §60.11(e) represent an unnecessarily cumbersome
     method of handling a situation  which  may occur frequently.  AC-67(M)

     Response:  EPA agrees with the  commentator that the establishment of
     special opacity standards would be a  cumbersome approach if many of
     these situations occurred.  However,  as indicated in the responses

-------
     to comments 6 and 7 of this section, EPA does not expect to estahlis1"
     many special opacity standards.  Obviously, if any given source
     category requires a large number of special standards, the opacity
     standard would have to be thoroughly reevaluated.


13.  The provisions of §60.11(e) unjustifiably shift to the owner or
     operator the burden of proving the unachievability of the opacity
     standard.  This procedure raises serious constitutional  questions
     particularly when viewed in the context of the Clean Air Act, which
     imposes criminal  and civil  penalties for noncompliance.   AC-62(E)

     Response:  Opacity standards of performance are established at
     levels which require proper operation and maintenance of well-
     controlled facilities operating within the expected range of
     operating variables.  The provisions of §60.11(e) provide neces-
     sary flexibility  for establishment of special standards  for faci-
     lities operating  outside the expected range of operating variables.
     EPA expects that  situations requiring special opacity standards are
     unlikely, but the provisions of §60.11(e) were established to pro-
     vide flexibility  for any unforeseen situations.

     The term "burden  of proof"  as used in the comment, refers to the  dutv
     bf a party to Drove affirmatively a claim asserted in a  judicial
     case, and the constitutional issues of shifting the burden of proof
     relate more specifically to criminal actions in a court  of law.
     The notion of burden of proof, therefore, is not applicable to
     section 60.11(e)  which is concerned with administrative, not legal,
     action.  In the event that  legal action, whether civil or criminal,
     is taken to enforce these standards under section 113 of the Clean
     Air Act, as amended, "EPA has the burden of proving that  the alleged
     violation has in  fact occurred.
Section 60.92(a)

1.   The available opacity data clearly indicate that a 20 percent
     standard is too lenient and a no visible emission  standard  should
     be promulgated.  Experience with nine asphalt concrete plants in
     Prince George's Co.  (Md.)  indicate that a no visible  emission
     standard is a reasonable standard.  AC-1(A)

     Response:  Review and analysis of the opacity data and the con-
     ditions under which the data were obtained shows that a no visible
     emissions standard (zero percent opacity) is inappropriate.  The
     opacity standard was established at 20 percent to allow for any
     situations where a plant is operating with an atypically large
     stack diameter and/or emits particulates with atypically small
     mass mean diameters.  For such situations, a standard of zero
     percent opacity could be more restrictive than the concentration
     standard and would be inconsistent with EPA policy.  Therefore,
     a zero percent opacity standard was not promulgated.

-------
2.   A 20 percent opacity standard for asphalt concrete plants is well
     within levels achievable by available control technology.  AC-74(M)

     Response:   ilo response  is necessary.


3.   The opacity standard has not been demonstrated to be  achievable be-
     cause it was based on three plants which were arbitrarily selected
     for Method 5 testing, on the basis of no visible emissions,  from a
     total of 64 well-controlled facilities.   EPA has never presented a
     justification for excluding these other facilities from study which
     may have disproved EPA's assumption that well-controlled asphalt
     plants should have no visible emissions.  EPA also has never ex-
     plained why additional  data from plants other than those tested by
     Method 5 were not obtained.  AC-62(E), AC-73(D)

    Response:  EPA believes  that the opacity standard of 20 percent has
    been adequately demonstrated by observations and calculations to be
    achievable by facilities that use properly designed, installed,
    operated, and maintained baghouses or venturi scrubbers.  The three
    facilities observed by EPA were originally selected for Method 5
    testing because they were good examples of well-designed and well-
    operated fabric filter collectors and venturi scrubbers, the facili-
    ties were amenable to Method 5 testing, and they were  available
    for testing during the desired period.  The facilities were not
    arbitrarily selected for emission testing on the basis of no
    visible emissions as alleged by the commentators; in fact, one
    facility was observed to have visible emissions during the EPA
    pre-survey.  The bases for selection of the facilities for testing
    were discussed in Volume I of "Background Information  for New Source
    Performance Standards:  Asphalt Concrete Plants..." APTD-1352 (a, b,
    c)  and in response to comment 1-20 in Volume III.  EPA would like
    to reiterate that these  64 asphalt concrete plants were not all
    equally well controlled; in fact, many installations with low-
    efficiency collectors were observed at the request of local
    asphalt assocations and were presented as examples of "good.
    housekeeping" rather than best control technology.

    Additional opacity data were not obtained from asphalt concrete
    plants other than those  previously tested by EPA for several reasons.
    The intent of opacity standards is to ensure proper operation and
    maintenance of the control systeiu on a continuous basis.  The
    opacity data were obtained at asphalt concrete plants  with known
    proper maintenance practices and with a previously established
    emission concentration.   Observation of control equipment with
    unknown levels of emission control and unknown operation and
    maintenance practices could have resulted in data which would
    not be representative of the desired levels.  (The resultant data
    may have been too lenient or too stringent.)  Such data would not
    have fceen useful for establishment of the opacity standard.  Since
    the opacity standard was established at a level in excess of the

-------
                                    8

     observed levels, and was established at a level which takes into
     consideration the maximum expected effects of stack diameter, par-
     ticle size, and other significant variables, this process does
     not prejudice owners and operators of well-controlled asphalt
     concrete plants operating within the expected range of variables.


4.   The opacity standard is insufficiently supported by the data bases
     which consist of only 15 hours of observations obtained at three
     facilities.  Such limited data can hardly be considered a typical
     cross-section of the industry which operates under widely varying
     conditions.  Specifically, EPA should have observed asphalt concrete
     plants operating with greater than 10 percent minus 200 mesh feed
     material.  EPA should submit these data for review to the National
     Bureau of Standards to determine the appropriateness of use of such
     a limited data base.  AC-47(D), AC-49(F), AC-52(E), AC-59(E), AC-62(E),
     AC-67(M], AC-73(D]

     Response:  Section 111 of the Clean Air Act requires that standards
     of performance "reflect the degree of emission limitation achievable
     through application of the best system of emission reduction which
     (taking into account the cost of achieving such reduction) the
     Administrator determines has been adequately demonstrated."  Neither
     the language of section 111 nor the legislative history of the Act
     provides any guidance on the amount of data necessary for justifica-
     tion of a standard of performance.  In any case, the Act does not
     require the standard to be based on control levels which all existing
     plants are capable of achieving.  The Act requires that standards
     of performance be based on the application of best available tech-
     nology; therefore, the data bases of the standard are necessarily
     limited.  It was the Administrator's judgment that 15 hours of
     Method 9 observations on best controlled facilities combined with
     additional information provided by State and local air pollution
     control agencies was sufficient justification for establishment of
     a 20 percent opacity standard.  (The revaluation report did not
     discuss the information received from State and local air pollution
     control agencies or the data summarized in Volume II of the "Back-
     ground Information for New Source Performance Standards:..." APTD-
     1352 because all the observations were of unknqwn duration or no
     information en emission concentrations was available.  This infor-
     mation was hot the primary basis of the opacity standard.) The data
     bases of this standard are sufficient and the opacity standard is
     established at a clearly achievable level as evidenced by comments
     1 and 2 of this section.

     The standards of performance are not intended to reflect performance
     of a typical cross-section of the industry.  The opacity standard is
     established at a level which will ensure continued proper operation
     and maintenance of the control systems of interest (baghouses or
     venturi scrubbers) and takes into consideration the effects of the
     normal range of operating variables on opacity.  EPA believes that
     asphalt concrete plants operating under typical conditions, and
     witti emission concentrations less than 90 mg/dscm, will have plume
     opacities significantly less than the level of the standard (20
     percent).  The opacity standard is also achievable by facilities
     operating witlyvariables at the extreme values of their expected
     ranges, such as facilities with an effluent with a mass mean diame-

-------
     ter of one micron.   Emissions"from an asphalt concrete plant using
     greater than 10 percent minus 200 mesh feed material  will  not have
     an average size smaller than one micron since particles smaller
     than one micron are not generated by rock crushing and grinding
     operations.  Therefore, observation of asphalt concrete plants
     using large quantities of minus 200 mesh material  was not  con-
     sidered necessary.


5.   The parti oil ate matter emission tests and the opacity observations
     were conducted approximately two years apart.  The data, therefore,
     are not comparable  and cannot be used to justify the  opacity stan-
     dard.  AC-59CE1, AC*62(EI, AC*66('H), AC-73(D)

     Response:  In response to comments received on the proposed opacity
     standard, additional opacity observations were conducted at three
     well-controlled asphalt concrete plants.  These data  were  summarized
     in Table 1 of the revaluation report.  (Because the  data  were
     already reported in Volume II of the "Background Information for
     New Source Performance Standards:  ...," the data bases of the
     proposed standard were not summarized in the revaluation  report.)

     The opacity observations were conducted in September  1973 at three
     well-controlled facilities after it was determined that no extensive
     changes and repairs had been made to their control devices in the
     period since the original emission tests.  (Facility  B, also tested
     by EPA in 1971, was not observed because it had shut  down for the win-
     ter due to insufficient business.)  It was believed that at best the
     control devices would be performing at the same efficiency demonstrated
     during the performance test.  EPA also recognized that these control
     systems could possibly have been operating less efficiently than dur-
     ing the emission tests and could possibly result in opacity data biased
     slightly in favor of the source category.  Use of such data to establish
     an ooacity standard is not ore.iudicial to the source  owner nr ooerator.
     During the development of the standard of performance, National Asphalt
     Pavement Association (NAPA) alleged that older fabric filter collectors
     would  "seep" particles and thus would emit more particulate matter than
     a new  filter in optimum condition.  Observation of the two fabric fil-
     ter collectors two years after the original tests certainly could have
     determined if "seepage" was in fact a problem.

     EPA used the concentration data from the previous emission tests as
     an indication of the probable emission rate of the facility.  EPA
     recognized that the concentration of emissions from the facility
     could  have increased over the previously measured levels if the
     performance of the control systems had deteriorated.

     All three well-controlled facilities had no visible emissions
     despite the range of the originally measured concentrations of
     particulate matter.  Therefore, it was concluded that emission
     concentrations less than 90 mg/dscm which are emitted from typical

-------
                          10

stack diameters are invisible to a human observer and the exact emi-
sion concentration of these facilities was not a critical question.
This conclusion is somewhat affirmed by a personal communication
with commentator AC-68 which indicated that asphalt concrete plants
with an effluent concentration of about 180 mg/scm (0.08 gr/scf)
were observed to have plumes of 5 to 10 percent opacity.  These
observations are consistent with the in-stack transmissometer data
reported in reference 2 of the revaluation report.  For the above
reasons, these opacity observations which were obtained two years
after the emission tests were conducted are considered to be repre-
sentative of emission levels achievable by well-maintained and well-
operated fabric filter collectors or venturi scrubbers.  The opacity
standard which was developed from these observations is achievable
by well-controlled asphalt concrete plants and is supported by the
opacity data.
The opacity observations conducted at the three facilities in Septem-
ber 1973 are invalid because neither an in-stack transmissometer nor
revised Method 9 was used to obtain the data.  Examination of the
field data reveals the observations were not taken at 15-second
intervals and calculation of six-minute average values from these
data is not valid.  AC-59(E), AC-73(D)

Response:  EPA disagrees with this comment concerning the validity
of the opacity data obtained at the three facilities observed in
September 1973.  The opacity observations of emissions from the
control devices of these facilities were taken according to prac-
tices taught at EPA  smoke schools and Method 9 as it was then written.
The observation practices employed by the observers are comparable to
those required by the revised Method 9.  Specifically, the observers
read the emission points from a position with the sun located in the
quadrant to their back, 90° sun angle (the revised method relaxed
this criterion to 140° sun angle); they read steam plumes at the
point of dissipation or prior to condensation; and the observer's
line of sight was perpendicular to the plume direction.  Some of
the observers did not record as much information on weather condi-
tions as required by the revised method.  This omission only slightly
affects the ability to assess the contrast conditions and hence any
bias that may exist in the data.  However, this omission does not
prejudice asphalt concrete plant owners or operators since no
visible emissions were observed and the standard was established
at a level higher than was observed.  In addition, some of the ob-
servers did not record every reading made at 15-second intervals
because the control device consistently had no visible emissions.  It
is known that the observers did observe the emissions from the control
device at 15-second intervals and that their conclusion that no visible
emissions from the control device occurred during the entire observa-
tion period is valid.

-------
                             11
Observations were also made of fugitive emission sources when emis-
sions were noticed.  Some of the observations of fugitive emission;
points were taken at 15-second intervals, and these data were those
used to calculate the six-minute average values.  The opacity stan-
dard for fugitive emission points was also based on engineering judgment of
levels achievable at a well-designed and operated asphalt plant.
This judgment is based on inspection by the EPA observers of the
two asphalt concrete plants that had visible fugitive emissions.
These inspections revealed that visible fugitive emissions could
have been prevented by proper enclosure of the emission area, by
proper operation of the dryer (or by adequate sizing of the fan
for the plant), and by operation of the plant at an adequate
draft to prevent escape of emissions. One of the three asphalt con-
crete plants observed had no visible fugitive emissions in addition
to no visible emissions from the control device.  Inspection of
this facility revealed  that the absence of visible fugitive emis-
sions was due to proper enclosure and ducting of all potential
emission points as well as proper design and operation of the
dryer.  EPA, therefore, concluded that all visible fugitive emis-
sions observed at the other facilities could have been prevented
by proper design, operation, and maintenance of the asphalt concrete
plant.  For these reasons, the 20 percent opacity standard for
points of fugitive emissions from an asphalt concrete plant is not
an unreasonable requirement, and new facilities can be designed and operated
to comply with this standard.
The reported transmissometer data do not support the standard
because the accuracy of the transmissometer is questionable, and the
data are irrelevant to the actual plume opacity.  The study shows
the impossibility of obtaining  meaningful  opacity measurements'by
any technique.  AC-73(D)

Response:  The commentator quoted passages from the report "In-
Stack Transmissometer Measurement of Particulate Opacity and Mass
Concentration" (reference 2 of the revaluation report) to prove
the alleged inaccuracy of the transmissometer data.  (In addition
to in-stack transmissometer measurements, this study also evaluated
plume opacity measurements by a sun photometer and by a telephoto-
meter.)  Review of the quoted passages from the report reveals that
they referred to the difficulties of obtaining measurements by the
 sun  photometer and in  no  way reflect  on  the  operation  of the in-
stack transmissometer.  In-stack transmissometers are calibrated
using neutral density filters and are not calibrated relative to
sun photometer measurements.  The accuracy of the transmissometer
is not questioned in the  report, and it was recognized in the
report that the instrument very accurately measured in-stack
opacity.  For the above reasons, it is believed that the trans-

-------
                                  12
     missometer data are useful for evaluating the opacity standard.
     Additionally, the in-stack opacity measurements are not irrele-
     vant to plume opacities as claimed by the commentator.  Although
     only a limited number of plume opacity measurements could be
     obtained by the sun photometer due to its operational problems,
     the plume opacity data and the inrstack opacity data show good
     agreement (Figure 5-3 of the report).


8.   Data submitted by the Los Angeles APCD in a comment on the pro-
     posed standards of 0,031 gr/dscf and 10 percent opacity showed
     that a plant with an emission rate of 0.015 gr/dscf exhibited
     opacity levels of 10 and 15 percent.  Therefore, the 20 percent
     opacity standard is obviously unachievable for any plant with an
     emission rate near 0.04 gr/dscf.  AC-73(D)

     Response:  The data from the Los Angeles APCD do not prove or
     disprove the achievability of the 20 percent opacity standard for
     facilities with an emission rate of 90 mg/dscm because of the
     difference in the methods used to determine compliance.  Deter-
     mination of compliance with the EPA opacity standards is based
     on the average of 24 consecutive observations taken at 15-second
     intervals.  An asphalt concrete plant could have emissions with
     single readings in excess of 20 percent opacity and still have a
     six-minute average value less than 20 percent opacity.  The method
     used by the Los Angeles 'APCD involves timing the duration of each
     opacity level observed, and emissions in excess of 20 percent opacity
     for time periods greater than three minutes per hour are considered
     to be in violation of the Los Angeles standard.  The Los pngeles
     opacity standard allows emissions in excess of £0 percent for three  '
     minutes per  hour to consider the effects of startups, shutdowns,
     soot blowing etc. on emissions.  Thus, the 10 and 15 percent opacity
     levels reported by Los  Angeles could have included a startup or
     shutdown episode which can result in higher than normal emissions
     from the asphalt concrete plant.  EPA's procedure is to exclude
     emissions during startup and shutdown periods from determination
     of  compliance with opacity standards.  Opacity standards established
     by  EPA are not based on emissions levels during abnormal operation
     periods.


9.   EPA has not  taken into account all variables that affect apparent
     opacity because the analysis is based on a theoretical projection
     of  a limited amount of data  from an  incomplete study and from tests
     on  a limited number of atypical plants.  Therefore, EPA has not
     demonstrated the 20 percent  opacity  standard to be achievable.
     AC-59(E), AC-62(E)

     Response:  EPA considers  the achievability of the 20 percent opacity
     standard  for the asphalt  concrete plant to be adecuately demon-
     strated.  A  primary basis of the opacity standard is the Method
     9 observations at three well-controlled plants; however, the
     effects of normal variations in operating variables on plume

-------
                                   13
     opacities  were  considered  in  the  reevaluation  report.   The
     expected variations  in  operating  variables which would  signifi-
     cantly affect apparent  plume  opacity  (particulate  size,  particle
     shape, stack diameter,  etc.)  were determined from  review of
     available  information.   This  information  consisted of data from
     the plant  in the transaissometer  study, particle size data reported
     in the literature for asphalt concrete plants  with cyclone control
     only, fractional collection efficiency curves  for  baghouses  and
     for venturi  scrubbers (A Pfc20 inches  w.g.),  some qualitative.
     shape data,  refractive  indices reported  in the literature  for
     specific compounds,  and stack diameters  given  in 30 test reports
     which were available.  The established range  of variables  was
     used to determine a  maximum probable  opacity,  as well  as typical
     opacity levels  expected, for asphalt  concrete  plant emissions at
     a concentration of 90 mg/dscm using Bouguer's  law  (AP-30 pp  29-35).
     The opacity  standard is achievable by any facility with emissions
     less than  90 mg/dscm which are discharged from a stack  diameter
     less than  4.8 meters.  Also, comments 1  and  2  of this  section in-
     dicate that  the standard is reasonable and achievable.
10.   The 20 percent opacity standard is not as conservative as claimed
     by EPA because the possibility of a 7 1/2 percent error in Method
     9 observations would make a facility with a 14 percent opacity
     plume appear to be in excess of the 20 percent standard.   AC-67(M)

     Response:  The error of the method is considered at .a  time of
     enforcement of the standard.  An opacity value of 21.5 oerr.pnt.
     (14 plus 7.5 percent) would not necessarily result in  an  enforce-
     ment action against the source because that level is  clearly
     within the range of error of the method.  Consequently, enforce-
     ment action would not be taken until appropriate consideration was
     given to the accuracy of the method.


11.   EPA's data show that any asphalt plant with a 3.3 meter stack
     diameter and emitting particulate matter with a mass  mean diameter
     of one micron would exceed 20 percent opacity despite use of a
     perfectly functioning baghouse.  Therefore, the standard should
     be revised upward.  AC-73[D)

     Response:  An asphalt concrete plant which discharges the control
     device emissions at a concentration of 90 mg/dscm through a 3.3
     meter stack and has a mass mean particle diameter of  one micron
     would have an equivalent opacity less than 20 percent, as calculated
     using the equation on page 30 of AP-30.  Therefore, the opacity
     standard does not require an upward revision.


12.   EPA should revise  the 20 perdent opacity standard for asphalt
     concrete plants upward to account for the greater light scattering
     effect of particles in the size range of one to two microns, which
     were calculated to be emitted from baghouses and venturi  scrubbers.
     AC-73CD)

-------
                                  14
     Response:  Light scattering properties of irregular particles in
     the size range of one to two microns were considered in the cal-
     culations in the revaluation and were the basis of the decision
     to not revise the standard.
13.  The opacity standard for asphalt plants should be greater than that
     for Portland cement plants because the concentration standard for
     asphalt plants is greater (0.04 vs.  0,03 gr/dscf).   AC-73(D)

     Response:  The opacity standard for asphalt concrete plants should
     not be greater than the standard for Portland cement plants.   The
     equivalent values of the two opacity standards result from the
     slightly larger stack diameters (up to 4.6 meters) employed on
     control equipment on Portland cement kilns than are Used on asphalt
     concrete plant control devices.  Another factor that contributes
     to the equivalent opacity standards despite different concentration or
     mass standards is that particulate matter emitted by Portland cement
     kilns is generally spherical while that emitted from asphalt concrete
     plants is highly irregular in shape.  Conner and Hodkinson in
     "Optical Properties and Visual Effects of Smoke Plumes"  (AP-30)
     stated that -irregular transparent particles smaller than two microns
     attenuate less light than spherical particles of the same projected
     area.  The combination of use of slightly larger stack diameters
     and slightly greater amount of light scattering per particle
     counterbalances the difference in concentration.

14%  Weather conditions frequently can prevent obtaining meaningful
     opacity observations.  NAPA believes it is unwise to promulgate a
     standard that may be enforced in some areas of the country while
     other areas are essentially immune from enforcement.  The opacity
     standard is thus unwise and unfair.  AC-73(D)

     Response:  EPA disagrees that some areas of the country will be
     essentially immune from enforcement of opacity standards.
     Observations taken under low contrast and luminescence conditions
     will have a negative error and negative bias.  The existence of
     low contrast conditions will not preclude an observer from conducting
     an opacity surveillance, but will reduce the possibility of citation
     for violation of opacity standards due to observer error.  Such
     observations are not prejudicial to the owner, or operator.  In
     addition, it should be remembered that inclement weather conditions
     will not prevail at all times, and observations can be conducted
     during the high contrast periods when they occur.  The purpose of
     opacity standards is to ensure continued proper operation and
   	maintenance of the control device; thus, on occasion opacity
     observations might be supplemented by full  inspection of the facility
     regardless of the observed opacity level.   Consequently, EPA believes
     that opacity standards can be applied nationwide in a fair manner.

-------
                                  15
 15<  The standards of performance for asphalt concrete plants were never
     intended to require control of fugitive emissions.  EPA never
     examined the degree of fugitive dust control feasible in well-
     ducted asphalt concrete plants.  The data to support this extension
     were obtained after promulgation of the standards (March 8, 1974
     Federal Register) and just prior to the revaluation of the opacity
     standard.In the revaluation report EPA, for the first time,
     indicated that fugitive emission sources are regulated by the
     opacity standard.  AC-59(E), AC-62(E)


     Response:  The standards of performance for asphalt concrete plants
     have always regulated fugitive emissions as shown by designation of
     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,
     t^ansfe.r,. and;storage systems,associated^it^.emigsiQn^control
     systems at "affected facilities" in the oromuldated
     regulation.  EPA's intent to regulate fugitive emission sources
     has been clearly stated from the beginning.  Efficient ducting and
     other fugitive emission control methods were investigated in the
     original study on the standard and additional data were obtained
     in September 1973 before, not after, promulgation of the regulation.
     The memorandum referred to by the commentator merely reconsidered
     these data in light of points raised in Warren Brothers et al. v.
     Environmental Protection Agency (No. 74-1338")".


16.   The revaluation report was the first time EPA had argued that
     opacity standards are necessary for regulation of fugitive emissions.
     AC-73(D)

     Response:  The reevaluation report may have been the first time EPA
     published a discussion of methods for regulating fugitive emission
     sources; however, previous standards of performance have used
     opacity standards to regulate fugitive emission sources and the
     discussion in the report should not be surprising.. EPA's intent to
     regulate ma.ior sources of fugitive emissions  in an asphalt concrete
     plant was clearly expressed in  the proposed and the promulgated
     standards.  The proposed and promulgated  regulations designated
     the major sources of fugitive emissions as  "affected facilities"
     which are subject to the standard of performance.  The application
     of the  opacity standard of performance to  fugitive emission sources
     was indicated clearly by the  discussion in  Volume  I (p. 9) of the
     "Background  Information for New Source Performance Standards.:-.."
     (APTD-1352 a, c) and in Volume  III  (p. 13)  which  discussed control
     of fugitive emission points.  Much of this  discussion was  included
     in the  preamble to the promulgation of the  standards of performance
     for-asphalt  concrete plants in  the March  8, 1974,  Federal  Register.

-------
                                 16
      Fugitive emission points or operations in other source categories
      also have been regulated by opacity standards.   Examples of such
      standards are the standard of performance for Portland cement
      plants [§60.62(c)l and the opacity standards regulating fugitive
      emissions from electric arc furnaces in the steel industry.
      [§60.272 (a)(3)]. "These standards clearly show that EPA has
      always regulated fugitive emission sources where necessary arid
      where feasible control procedures exist.
 17.  Examination of the field data which were used as the bases of
      the opacity standard revealed the occurrence of readings in
      excess of 20 percent opacity.  AC-59(E)
     Response:  It is true that some individual readings in excess of
     20 percent opacity were recorded for fugitive emissions; however,
     six-minute averages of the observations taken at 15-second intervals
     on the fugitive emission sources are all less than 20 percent
     opacity  (10 percent maximum value).  The standard for fugitive
     emissions was- not established at greater than 20 percent because
     inspection of the two plants having visible emissions, together
     with the fact that one plant had no visible emissions, shows that
     all of the fugitive emissions observed could have been prevented
     by proper design, operation,  and maintenance of the asphalt concrete
     plant.   The -data show no process variations that would cause visible
     fugitive emissions during normal operation periods.
18.  The field data include observations on emission sources in the
     plant yard which are not specified in the regulation.  These data
     indicate that the opacity standard is applicable to all emission
     sources in the yard.  AC-59(E)

     Response:  The opacity standard is only applicable to emissions from
     the designated affected facilities which are:   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.  Observation of
     other points and activities in the plant yard does not indicate that
     they are regulated.


19.  Fugitive emissions which cannot be shown to be in excess of the
     concentration standard should not be used as a justification for
     a separate opacity standard.   AC-62(E)

-------
                                 17
     Response:   Fugitive emissions are not used as  a justification for
     a separate opacity standard.   Opacity standards are used here to
     regulate fugitive emission areas in order to assure efficient
     ducting and proper design and operation of the plant.   Opacity
     standards  are also established as a means of ensuring  continued
     proper operation ariu maiiitenance cf the control device.


20.  Fugitive emissions  should be  regulated only  if these emissions
     cross  property  lines  and  create  a nuisance for neighboring  property
     owners.  Most fugitive  emissions in an asphalt plant are large
     particulate  that falls  out in the plant yard.   AC-67(M)

     Response:  The  suggested  regulatory approach is essentially that
     which  operated  prior  to enactment of the  Clean Air Act.   Historically,
     demonstration of nuisance and injury to an adjoining property owner
     has  been difficult  to prove and  has been  an  unsatisfactory  system
     for  the adjoining property owners and other  victims of pollution.
     If fugitive  emissions contain particulate matter of sizes as  large
     as alleged by the commentator, then proper design and  operation, and
     proper ducting  of the plant will reduce product losses and  reduce
     operating  costs for the owner.


 21.  Object to  further tightening  of  the opacity  standard.  AC-51(E)

     Response:  The  opacity  standard  has not been tightened by the
     revisions  to Method 9 (39 FR  39872) or by the  revaluation  of the
     standard (40 FR 17778).


 22   The  opacity  standard  for  asphalt concrete plants should  be  based
     on observations on  asphalt plants alone,  not on projections of
     data from  Portland  cement plants.  AC-52(E)

     Response:   The  opacity  standard  for asphalt  concrete plants is  based
     on observations at three  well-controlled  asphalt concrete plants and
     on calculations of expected opacities for the  known range of stack
     diameters  and expected  size distributions of effluent  from  asphalt
     concrete plants. Data from Portland cement plants were not  used in
     the  revaluation of the asphalt  concrete  plant opacity standard.


23.  EPA has never satisfactorily  considered the  oroblems of obtaining
     valid  opacity observations at asphalt concrete plants  where pro-
     duction is interrupted  by frequent startups  and shutdowns.   AC-62(E),
     AC-73(D)

-------
                                    18
     Response:   As provided by the  provisions  of §60.11(c),  opacity
     standards  of performance do  not  apply  during  periods  of startup,
     shutdown,  and malfunction.   Valid  opacity observations  can  be
     obtained at asphalt concrete plants  by the observer recording
     the startups and shutdowns  as  evidenced by the  periods  of burner
     operation. .Verification of  these  instances of  startups and shut-
     downs can  be accomplished by checking  with the  owner or operator
     before and/or after the observations are  made and  by checking the
     periods of operation from the  burner chart.  Frequent startups  and
     shutdowns  may complicate determination of compliance with opacity
     standards  based on six-minute  average  values.   Regardless of the
     frequency  of startups and shutdowns  the observer will  have  to
     observe the process until at least one six-minute  period of
     continuous observation is recorded;  use of a  shorter observation
     period for determination of  compliance is not presently allowed.
24.   An asphalt concrete plant operator does  not maintain  records  of
     the exact time the dryer is  started up or shut down.   Thus,  in
     order to avoid falsely citing a plant for violation of the opacity
     standard, the observer should synchronize his  watch with  the  plant
     operator.  AC-30(=G), AC-49(F)

     Response:  Absolute synchronization of the observer's watch  with
     the plant operator's is not  necessary because  the observer,  or  an
     assistant, can record the periods  of observed  burner  operations.
     The observer can also obtain this  information  from the burner
     chart.
General
     Prior notification of surveillance should be given  before  con-
     ducting opacity observations  in order to provide due  process  to
     the owner or operator.   In addition,  to allow for meaningful
     review of the evidence, the owner or  operator should  be  allowed
     to witness the inspection or  should be notified of  the results
     immediately following completion of the inspection.   Prior
     notification, or witness of the inspection, will also allow synchron-
     ization of the observations with asphalt concrete plant  operations
     to insure that periods  of startup, shutdown, or malfunction are  not
     included and will provide the owner or operator an  opportunity to
     identify and correct any problems. AC-18(E), AC-19(E),  AC-20(D),
     AC-21(i), ACr22(E], AC-23CE), AC-24(E), AC-25(L), AC-26(D), AC-27(E),
     AC-28CE], AC-31(J), AC-32(E), AC-33(E), AC-35(M), AC-36(D), AC-37(E),
     AC-39(E], AC-40(E), AC-41(E), AC-43(E), AC-4*(D), AC-47(D), AC-48(E),
     AC-49{F), AC-50(E), AC-52(E), AC-§3(E), AC-55(E), AC-58(E), AC-73(D)

-------
Response:  Due process of law does not require that a person who
must .comply with a law be notified in advance that his behavior
during a certain period will be monitored.  Due process does require
that the individual be notified of the alleged violation and be per-
mitted to review the evidence against him in a meaningful way.  It
is EPA's practice to provide the owner or operator with such an
opportunity for meaningful review.

EPA inspectors will notify the plant owner or operator in advance
of the opacity observations unless there is reason to believe that
such notification could result in modification of emissions.  The
usual procedure followed in evaluating a facility for determining
compliance with opacity standards is to request entry to the plant
in order to conduct a complete inspection.  If the operations of
the source are such that emissions cannot be modified to be non-
representative of actual emissions or if the layout of the facility
requires observation from within the plant premises, then the owner
or operator is notified prior to conducting observations.  However,
if there is reason to believe that prior notification could result
in nonrepresentative emissions, notification is provided by the
inspector immediately following completion of the observations.
Thus the opacity standard and the enforcement procedure provide
the owner or operator an opportunity for meaningful review and do
not violate due process of law.

Prior notification for the purpose of allowing sychronization of the
observer's time records with the plant operator's time is not necessary.
If an observer (or an assistant) observes the burner end of the dryer
of an asphalt concrete plant, the periods of burner operation will
be apparent from the appearance of the flame.  Thus, a record may be
made of the occurrence of any startups or shutdowns, and the obser-
ver can exclude observations made during those periods.   Inspection
of the burner chart v/ould provide further verification of the occur-
rence of startups and shutdowns.  Notification that an inspection is
about to occur or has occurred provides adequate opportunity for the
operator to check for the existence of startups, shutdowns, and
malfunctions during the observation period and to independently re-
cord critical data such as meterological conditions, general operating
conditions, etc.

As  is true with  any  law,  the opacity  standard  and  test method  could
be  applied in a manner which would violate due  process of  law.   In
achieving widespread  compliance with  these regulations,  however, it
will  be  in the  best  interest of EPA  to  anply  them  in  such  a way  as
to  satisfy the  requirements  of  due process of law.   Ultimately,  the
issue of whether  in  the  application  of  any law  the rights  of  an
individual to due  process  have  been  violated  would be a  matter for
the  court  hearing  the case  to  decide.

-------
                           20
Opacity standards violate the intent of section 111 of the-Act
which requires that standards represent levels of emission reduction
achievable by application of. best control technology.  S.ince-EPA-
has not established a sufficient relationship.between opacity and
concentration of emissions from asphalt concrete plants, the opacity
standard is invalid.  AC-62(E)

Response:  The argument represented; by.  this comment, was set forth  in.
the brief of one petitioner in the-U.S. Court of Appea-ls. (D.C. Circuit)
challenge to the asphalt concrete plant, standard; of performance.   A
detailed response to the argument may be found in  EPA's. reply brief
filed on July 30,. 1975,: copies of which are available, upon written re-
quest from the EPA  Public Information Center  (PM-215) „ 401 M Street, S.W.,
Washington,. D.C..  20460 (specify -  Supplemental. Brief for Respondent,
National Asphalt Pavement Association, et al'.  v. Train Nos. 74-1332,
74-1388).  As discussed'in that response and  in the revaluation
report, it is EPA's belief that the relationship between, mass emis-
sions and opacity has been amply- demonstrated;, that the opacity
standard of 20% does represent, the  level of particulate emission
reduction achievable by the application of the best available control
technology; and'that it therefore^fulfills* the requirements, of section
111 of the Clean Air Act.

Congress did not specify which test metho.ds or which units must be
used by EPA to express its emission standards under section 111 of
the Clean Air Act.   Particulate emission standards can be. expressed
in many ways, including pounds per  hour, grams per dry standard
cubic meter, and pounds per ton of  feed.  For a given- category of
well-controlled stationary sources, opacity can be established as
an indicator of oarti'culate matter  emissions  and proper operation
and maintenance of the control system.  Opacity standards established
in this manner are a reasonable indicator of  the emission reduction
achievable by application of best control technology.  Therefore^,
opacity standards of performance may be: used:  as a means of contro-lling
emissions under section 111 of the  Clean Air  Act.


Opacity standards are established by EPA expressly as a "means of
ensuring that control equipment is  properly maintained and operated
at all times when performance tests are not being,  conducted (40 FR
17779)."  Therefore, opacity standards  are maintenance provisions
and their use as legally enforceable staridards violates the intent
of section 111 of the Act.  Opacity does n;ot  have-  to be an enforce-
able standard in order to accomplish the purpose of ensuring proper
operation and maintenance of the control system.   AC-58(E), AC-62(E)

-------
                                21
 Response:   Section  111  of the  Act  requires  EPA  to  set emission
 standards,  which  reflect  "the  degree  of  emission limitation achieve-
 able  through  application  of  the  best  system of  emission reduction which
 (taking into  account the  cost  of achieving  such reduction) the
 Administrator determines  has been  adequately demonstrated."
 Section lll(e) of the Act requires that  new sources continue to
 be  in compliance  with the standards throughout  their operational
 life.  To meet this Congressional  mandate EPA establishes opacity
 standards at  a level which will  require  proper  operation and main-
 tenance of  the control  systems on  a continuous  basis.  Use of
 concentration or mass standards alone would nnt. accomplish  this mandate
 because it  would  be possible for a source to inadequately operate or
 maintain pollution control equipment  at  all  times  except during periods
 of  performance  testing.   It takes two weeks or longer to schedule a
 typical performance test.  If  only small repairs were required  (e.g.
 pump or fan repair or replacement  of  fabric filter bags), such  remedial
 action could  be delayed until  shortly before the test was conducted.
 For some types of air pollution  control  equipment, such as scrubbers,
 the energy  input  (pressure drop  across the  system) could be reduced
 when performance  tests  were not  being conducted and. could result in
 increased emissions of  particulate matter.   EHA believes that  opacity
 standards are a necessary supplement  to  concentration standards.  The
 use of opacity as legally enforceable standards is clearly within the
 intent of the Act.
 EPA  failed to make  available  for public  comment  prior  to  promulgation
 of the standard the data which were relied  upon  to justify  the
 opacity  standard for  asphalt  concrete  plants.  EPA also failed  to
 provide  for meaningful  public comment  on the revisions to Method 9.
 Such actions are unfair and contrary to  the spirit,  if not  the  intent,
 of the Administrative Procedures Act (APA).  Where a federal  agency
 becomes  significantly involved in  an issue, the  fact that the agency
 ultimately decides  to take no action or  affirm a prior decision does
 not  shield the agency from the requirements of APA.  AC-32(E),  AC-59(E),
 AC-62(E)


 Response:  EPA's notice of April  22, 1975 in the Federal  Register (40
 FR 17778) invited public comment on the Reevaluation of the  Opacity
Standard of Performance for Asphalt Concrete Plants,  the  revisions'to
Reference Method 9,  and the revisions  to 40 CFR §60.11.  There-
 fore, the issues relating to administrative procedures  are moot.

-------
                                    22


5.    EPA has  not shown that separate enforceable opacity standards  are
     necessary.   Use of opacity as  a rebuttable presumption, of violation
     of the concentration or mass standard should be equally effective
     ensuring proper operation and  maintenance of the control  system.
     AC-21(L), AC-23(E), AC-37(E),  AC-38(H),  AC-42(H), AC-44(D)',  AC-49(F),
     AC-51(E), AC-59(E), AC-62(E),  AC-67(M)

     Response:  Opacity is used an  an independent enforceable  standard,
     rather than a rebuttable presumption of  violation of the  applicable
     concentration"or mass standard, because opacity standards are  the most
     practical and' economically sensible means of ensuring that control
     equipment is adequately maintained and operated at alii times.   A
     performance test conducted after a source was observed to be in,
     violation of the opacity standard would  not in EPA's opinion neces-
     sarily resolve the question whether, at  the time of the observed
     violation,  the source was meeting the concentration standard.
     During the  period between the  observed  violation of the opacity
     standard and the time of the performance test, the owner or opera-
     tor in some cases could take remedial action to bring a non-complying
     source into compliance.  That  is, the owner or operator could  delay
     making small repairs, such as  replacement of fabric filter bags,  or
     pump or fan repair, until, shortly before the performance  test  is
     conducted.   For some types of  equipment  such as scrubbers, the
     energy input could be reduced  when performance tests were not
     being conducted.  Therefore, the emission test results obtained from
     the performance test v/ould not be indicative of the facility's
     actual emission rate at the time of the  observed violation.   EPA
     believes that the only other means of ensuring continued  compliance
     with the .standards of performance would  be through use of a con-
     tinuous  monitoring system or through performance tests conducted
     at SBC{J  frequent intervals as  to yield  similar results.


6.    Opacity  standards violate the  intent of  section 111 of the Act
     because  opacity standards are  not subject to an accurate, repro-
     ducible, and objective test procedure.   AC-73(D)

     Response:  The United States Court- of Appeals for the District of
     Columbia on May 22, 1975, Portland Cement Association v.  Ruckelshaus,
     513 F.2d 506, Civ. 72-1073 upfield EPA's  position that opacity  is
     sufficiently reliable to be used as a measure of pollution or  as
     an aid in controlling emissions.  This  decision was based in part
     upon EPA's  showing in the remand response that trained observers
     were consistently able to read opacity with errors not exceeding
     +7.5 percent based on single sets of the average of 24 readings.

-------
                               23
Opacity standards can be applied to all  regulated parties with
fairness and uniformity.  Compliance with opacity standards is
determined by use of a consistent methodology whose error is taken
into account in determining whether violations exist.   (See also
response to comment 2 of this section.)

EPA believes that the use of opacity standards to control emissions
is within the intent of the Act and that the standards are subject
to an accurate, reproducible, and objective test procedure,


While for any given set of conditions opacity and concentration of
parti oil ate matter can be related, there are 23 other variables
which affect the accuracy of opacity observations significantly
enough to make apparent plume opacity meaningless as an indicator
of emission concentration.  Opacity standards, therefore, should
be deleted from regulations establishing standards of performance.
The commentator recognizes the need for routine reliable measurements
of mass emissions and would be pleased to cooperate with the EPA in
the development of reliable techniques for direct measurement of mass
emissions.  AC-72(G)

Response:  The commentator discussed 24 variables which allegedly
affect plume apparent opacity'in  a manner such that opacity is
a meaningless indicator of emission concentration.  The variables
and their effects on plume apparent opacity which were discussed
are:  0) effluent concentration, (2) stack diameter, (3) mean
particle size, [41 polydispersity of emissions, (5) refractive index,
(6) particle density, (7) stack gas temperature, (8) stack exit
velocity, (9) water vapor, (10) ambient temperature and humidity,
(11) color of plume,  (12) wind speed, (13) wind direction,  (14) wind
turbulence, (15) background, (16) distance of observer from stack,
(17) effect of non-level terrain, (18) sun angle, (19) time of day,
(20) day of year, (21) longitude, (22) latitude, (23) observer-sun
angle, and (24) allowed observer error.

EPA agrees with the commentator that these variables can affect, to
varying degrees, the apparent opacity of plumes.  The commentator's
analysis assumed that none of these variables except concentration
are considered in the development of opacity standards, in the method
for determining compliance with opacity standards, or in the analysis
of the data and any consideration of enforcement actions.  EPA'contends
that this assumption is in error because the maximum expected effect

-------
                          24
 of  variables which  significantly affect  apparent plume opacities
 are considered,  and any  source which  is  meeting the applicable con-
 centration  or mass  standard will also be meeting the applicable
 opacity  standard.   If  a  source is exceeding  the opacity standard,  it
 is  due to  the failure  of that source  to  properly maintain  its air
 pollution  control equipment, and if tested the source would  have
 emissions  in excess of the applicable concentration or mass  standard.

The  24 variables which allegedly make opacity standards unsuitable
for  ensuring continued proper operation  and maintenance of air pol-
lution control equipment consist of four types:  (1) factors related
to  the source category and its operations, (2) factors related to
opacity observations,  (3) factors considered in the determination
of  compliance, and  (4) factors with an insignificant or non-prejudi-
cial effect on apparent  plume opacities.  The first seven variables
discussed by the commentator (effluent concentration, stack diameter,
mean particle size, polydispersity of emissions, refractive index,
particle density, and stack gas temperature) are factors specific
to the source category and its operations which are considered by
EPA  in the development of opacity standards.  These factors can
significantly affect apparent plume opacity.  The maximum expected
effects of normal variations in these factors on opacity are used
to ensure that the opacity standard  for a soiree  category  is "established
at a level  no more restrictive  than.the corresponding  concentration or
mass standard.  In  addition to the above consideration of these
factors, .should a source have a stack of larger than expected  diameter
or have other anomalous operating conditions which preclude achieving
the  opacity standard, the provisions of  §60.11(e) allow the owner
or operator to petition EPA for establishment of a separate opacity
standard.  Thus, ample consideration of the effects of these factors
is provided under the opacity provisions of standards of performance.

Factors which are considered in the procedure for obtaining opacity
observations include the commentator's variables:  distance of
observer from stack, observer-sun angle, wind direction, water vapor,'
and  ambient temperature  and humidity.   Method 9 includes specific
requirements on maximum observer-sun angle, observer's line of sight,
observer orientation with respect to the plume,etc., such that the
effects of the variables mentioned by the commentator on plume apparent
opacity are minimized.   In addition, Method 9 provides specific instruc-
tions for reading of steam plumes.

Factors related to  any bias and error in the opacity data are viewing
background, plume color, wind turbulence, and observer error.  EPA
has  determined that the maximum positive error associated with read-
 ings made by qualified observers while reading plumes under high con-
 trast conditions and using the procedures of Reference Method 9 is
 7.5  percent opacity based on single sets of the average of 24 consecu-
 tive readings.  This maximum positive error considers the combined
effects of the variables related to observer position, bias, and obser-
 ver accuracy on opacity  observations made under high contrast conditions,
 These  factors and any  other additional errors introduced by  viewing

-------
                                   25
     conditions are considered in the determination  of compliance  with
     opacity standards.   Therefore, these factors  will  not result  in
     citations of a violation due to errors  of the method.

     The remaining factors (stack exit velocity, wind speed,  effect of
     non-level terrain,  sun angle, time of day, day  of year,  longitude,
     and latitude) have  an insignificant effect on apparent plume  opacity
     or result in readings which are biased  low and  do not prejudice  the
     owner or operator (with the exception of the  first three,  all  of these
     factors relate to the effect of variations in luminescence contrast
     upon plume apparent opacity). The effect of most of the  factors  in
     the four categories and EPA's consideration of  them are  discussed  in
     the "EPA Response to Remand Ordered by  U.S. Court of Appeals  for the
     District of Columbia in Portland Cement Association v. Ruckelshaus
     (486 F.2d 375, June 29, 1973)."

     Opacity standards of performance will be retained in regulations es-
     tablishing standards of performance.  EPA believes that the opacity
     concept is both technically sound and that opacity standards  provide
     the most practical  and inexpensive means to ensure that control
     equipment necessary for a source to meet the  applicable concentration
     or mass standard .is adequately maintained and operated between per-
     formance tests.  EPA's study on the accuracy  of opacity  observations
     demonstrated that qualified observers are consistently able to read
     opacity within +7.5 percent.  This field evaluation shows  that the
     use of observer aids or special monitorinq equipment is  not necessary.
     For the above reasons, EPA does not consider  it necessary  to  under-
     take a special study for development of a monitoring technique to
     ensure continued proper operation and maintenance of control  equipment.
     In addition, other  sufficiently accurate and  reliable monitoring tech-
     niques also presently exist.  In-stack  transmissometers  have  been  shown
     to have sufficiently stable operations  and can  be sufficiently.related
    'to emissions to accomplish this purpose.  Other techniques such  as  sun
     photometers, telephotometers, or use of visual  comparators by trained
     observers measure light scattering by plumes  and can compensate  for
     the effects of variations in ambient lighting and other contrast con-
     ditions on apparent plume opacities.


8.   Considering the inaccuracies of Method  9 and  the large number of
     uncontrollable variables, opacity standards are not a reliable means
     of ensuring that control equipment is properly  maintained  and operated.
     AC-48(E)

     Response:  As shown in the response to  the remand in Portland Cement
     Association v. Ruckelshaus, 486 F.2d 375, June  29, 1973, observers
     trained and certified in accordance with procedures of Method 9  are
     consistently able to read opacity with  positive errors not exceeding
     7.5 percent based on single sets of the average of 24 observations.
     On the basis of this review, EPA concluded that the error tolerance of
     the/nethod is reasonable and is within the limits considered  normal
     by the scientific and engineering community.   EPA believes that
     opacity standards are a reliable means of ensuring proper operation

-------
                                  26
     and maintenance of the control system for three reasons.   First,
     opacity standards are established at levels which are in  excess of
     observed and expected opacities for facilities operating  in com-
     pliance with the concentration or mass standard.   Second, the posi-
     tive error of 7.5 percent associated with Method  9 readings is con-
     sidered at the time of enforcement.  Finally, the provisions of §60.11(e)
     provide a means for an owner or operator to petition for  establishment
     of a special opacity standard for an affected facility which meets the
     mass or concentration standard but fails to meet  the opacity standard.
     The result of these three factors is that only facilities clearly in
     violation of the concentration or mass standard will be in violation
     of the applicable opacity standard.  Therefore, opacity standards are
     a reliable means of ensuring that control equipment is properly main-
     tained and operated.
9.   Because of technological advances made in recent years to monitoring
     equipment and the large number of uncontrollable variables affecting
     readings of plume opacity, the validity of opacity as a statutory
     requirement has been eliminated.  AC-57(T1)

     Response:  The validity of opacity as a statutory requirement has
     not been eliminated by recent advances  in  monitoring  equipment.
     There are a large number of industries which do not extensively
     monitor process and control equipment variables and whose emissions
     cannot be monitored 6y use of an in-stack transmissometer.  Opacity
     standards are the only economically sensible means available for
     routine surveillance of such facilities by a regulatory agency.
     Therefore, the need for a consistent methodology for routine
     surveillance of all facilities requires that evaluation of proper
     operation and maintenance Be determined by use of opacity standards.


10.  Emissions  from baghouses  are  not constant but  vary throughout  the
     cleaning  cycle.   An opacity standard,  therefore,  is  not a reliable
     measure  of emissions  and  should not be a  legally  enforceable standard.
     AC-59(E)

     Response:   Opacity readings are capable of providing more real  time
     information on emissions  than do present  concentration or mass measure-
     ment techniques.   The occurrence of necessary  peak emi'ssion  periods in  a
     production or operation cycle is taken into consideration in the
     development of the applicable opacity standard for a source  category.
     Thus, cyclical emission patterns will  not result  in  an overly
     restrictive opacity standard.  EPA believes that  a properly  developed
     opacity standard is  a reliable measure of emissions  and
     opacity  should be a  legally enforceable standard.

-------
                                  27
     From EPA's experience a properly sized, well-tuned, and well-
     .operated baghouse on an asphalt concrete plant (which is the
     application to which the commentator was referring} is  clearly
     capable of complying with the 20 percent opacity standard.
     The standard also clearly does not preclude visible puffs during
     the cleaning cycle or at any other time.


11.   Opacity as measured by human observers is not scientifically
     accepted to be related to mass or concentration of emissions.
     EPA's predecessor agency published several  documents which  dis-
     pute EPA's position on opacity as shown by statements on p.  53
     of "Air Quality Criteria for Particulate Matter" (AP-49) and the
     conclusions of a study on "Optical Properties and Visual Effects
     of Smoke-Stack Plumes" (AP-30).  A paper authored by H.P. Buetner
     in the September 1974 issue of the Journal  of the Air Pollution
     Control Association also states that opacity regulations chiefly
     control visual appearance, not the quantity of emissions.  AC-62(E)

     Response:  The above referenced material does not show the  unac-
     ceptability of assessments of opacity by human observers.  With
     respect to the conclusions quoted from "Optical Properties  and
     Visual Effects of Smoke-Stack Plumes" (AP-30), Method 9 has  always
     recognized the effects of illumination, background, and viewing
     conditions on plume opacity.  In order to limit and consider the
     effect of these variables Method 9 provides specific instructions
     on allowable observer positions and requires the observer to record
     the environmental conditions during the observation period.   From
     this information an independent assessment may be made of the
     accuracy and the bias of the data.  The effects of the above factors
     on apparent plume opacity are considered in Method 9 , development nf
     opacity standards, and in determining compliance with opacity stan-
     dards of performance.

     The discussion quoted from Chapter 3 of "Air Quality Criteria for
     Particulate Matter" would be a valid criticism of opacity standards
     if variables other than concentration which affect opacity were
     ignored in the development of the standards.   EPA submits that these
     variables (stack diameter, particle size, particle shane, particle
     density, particle refractive index, etc.) are not ignored in the
     standard setting process, and with proper consideration of these
     factors opacity is a reasonable measure of emissions.

-------
                                  28
     Finally, the referenced article from the,?ePtembeF 1974  issue of JAPCA
     is irrelevant to the question  or acceptability  of visual  assessments
     of opacity.   The article discussed in general the author's  opinion
     of deficiencies of opacity standards.  The  comments in this article
     are not valid criticisms of opacity standards as  established by  EPA
     because the  effect of stack diameter and other  variables  on opacity
     are considered in the development of the standard.   Opacity standards
     which are established considering all relevant  factors can  be used
     as an indication of emissions.
12.   Data presented in Table 1  of the revaluation report and  part of
     the data bases for the Portland cement plant standards  show that
     in spite of wide variations  in  concentration levels, the  opacity
     was consistently reported  as being zero percent.   These data
     illustrate the inappropriateness of opacity as an  emission  stan-
     dard.   AC-66(K)

     Response:  These data do not indicate the inappropriateness
     of use of opacity as an indicator of emissions.  The variations
     in the concentrations associated with no visible emissions  for the
     various source categories  are due to the variations  in  the  light
     scattering properties of the particulate matter in the  different
     plumes, variations in the  path  lengths observed, and the  factor
     of the physiological contrast threshold value.  For  the cited data
     the light scattering characteristics of the effluent and  the path
     lengths were such that reported apparent plume opacities  of zero per-
     cent are not unreasonable.
13.   An opacity standard in addition to the concentration  standard is
     unnecessary and is merely another method of harassing the  operator
     of an asphalt concrete plant.   The opacity standard should be
     deleted.  AC-35(M), AC-39[E),  AC-42(H)

     Response:  As discussed in response to comment 5 of this section,
     opacity standards are a necessary supplement to concentration or mass
     standards and will not be deleted.  The intent of the opacity stan-
     dard for asphalt concrete plants is to ensure continued proper
     operation and maintenance of  the plant and the control  system
     in order to reduce emissions,  not harassment of the operator.
     Considering the number of new asphalt  concrete plants and  other
     new stationary sources, it is  highly improbable that  any enforce-
     ment agency has sufficient personnel to capriciously  harass any
     given source category or any  given facility.


14.   Agree with EPA that opacity standards  are a reliable, inexpensive,
     and useful means of ensuring  that control equipment is  properly
     maintained and operated.  AC-71(K)

-------
                               29
     Response:   No response is  necessary.


15.   Opacity standards are a necessary enforcement tool  and  should  be
     retained for as many sources  as  possible,  including asphalt  con-
     crete plants.  Violation of an  opacity  standard is  indicative,
     to a high  degree of probability, of violation of the mass  Standard.
     AC-60(A)

     Response:   No response is  necessary.


16.   EPA should establish opacity  standards  referenced to a  stack dia-
     meter, and field observations should  be corrected to this  diameter
     by use of  a chart.   This would  result in uniformly  equitable opa-
     city standards.  AC-70(G)

     Response:   While the suggested  approach would result in uniform
     opacity standards for all  facilities  in a  given source  category,
     the approach would be difficult  and cumbersome to implement.
     Errors in  estimates of stack  diameters  could be made either  by
     the operator or the observer  and could  result in significant
     errors in  the "corrected"  opacities.  EPA  believes  that a
     preferable approach is to  establish the opacity standards  at a
     level based on the largest expected stack  diameter  for  the source
     category.   Thus, sources with the largest  exoected  stack diameters
     are not prejudiced by the  opacity standard.


17.   The definition of opacity  in  subpart  A  should be revised to
     specify that opacity is the average of  24  consecutive observa-
     tions taken at 15-second intervals according to the test method
     in Appendix A.  AC-70(G)

     Response:   The revision suggested by  the commentator is neither
     necessary  nor appropriate.  The  reference  method (Method 0)  for
     determining compliance with opacity standards clearly specifies that
     opacity shall be determined as  an average  of 24 consecutive  obser-
     vations taken at 15-second intervals.  Also, the suggested revision
     would preclude the use of "alternative" and "equivalent" methods  of
     determining the opacity of emissions.  Retention of such flexibility
     is necessary for reasonable application of the provisions  of Part
     60.  Therefore, the definition  of opacity  will not  be revised  as
     suggested.


18.   The assumption that the properties of the  particulate matter emitted
     by a source will remain stable over a long time period  and that the
     functional mass-opacity relationship  will  remain constant  may  not
     be valid.   AC-71(K)

-------
                               30
     Response:  Unless there are major changes in the protess*, the-feed1
     materials characteristics', or operation of"the control: device,, sig-
     nificant changes in the particulate matter emitted by a-pi ant  should
     not occur and the mass-opacity relationship will: remain-reasonably
     constant.  Minor changes intthe operations of the source, w-ill  not
     meaningfully alter the opacity of emissions.  Since'opacity-standards
     are established at levels which consider the maximum^effects of'the
     normal range of- particle characteristics- and.'stack diameters' at"
     well-contriblle'd facilities, minor changes in the characteristics of
     particulate matter emissions with: time will not affect the  ability
     of the source, to comply-with the opacity; standard.

                *
19.  Refractive index of the participate' in the- effluent'.is- an important
     variable in'the mass-opacity relationship.-  It'maybe incorrect
     to' assume that the refractive index will'be constant fora given
     category of stationary sources.  AC-71(K)

     Response'':  For monod.isperse- particles-with' diameters" between O',05 and
     2.0 microns,  the particle- extinction- coefficient and angular scatter-
   •  ingf
-------
                                    31
     most commonly occurring transparent materials (AP-30).   If neglect
     of the refractive indices due to mineral  filler and dust adhering to
     gravel was in error, the effect on the calculated opacity is believed
     to be insignificant.  (The commentator did not show how the neglect
     of these items resulted in an opacity standard prejudicial  to asphalt
     concrete plants.)
21.  Particle size data obtained at the one asphalt concrete plant
     studied showed mass mean diameters of 0.9 and 5 microns for the
     two runs for which there were no controlled leaks in the baghouse.
     These size data cannot be used as part of the justification of the
     opacity standard, considering the disparity between rans and between
     the results calculated in the projection analysis.    AC-73(D)

     Response: ,The use of both the measured particle size data and the
     projected size data to establish the range of effluent particle
     sizes arid the maximum expected effect on light scattering by the ef-
     fluent is reasonable because their use considers both typical and
     maximum light scattering conditions.  The use of these data, thus,
     did not result in an opacity standard prejudicial to asphalt con-
     crete plant owners or operators.  In the revaluation of the opacity
     standard, the opacity associated with mass mean particle diameter
     of one micron was calculated to determine the maximum light scatter
     expected for asphalt concrete plant plumes.  This calculation and
     the consideration of the maximum effect of stack diameter variations
     were the basis for retaining the 20 percent opacity standard.

     It was appropriate to use these particle size data in the reevalua-
     tion of the opacity standard because review of all  the data obtained
     indicated that the run showing a mean size of 0.9 micron was anoma-
     lous.  In addition to the data mentioned by the commentator, four
     other determinations of mean particle size were made.  Of this total
     of six measurements, five showed a mean particle size of five to six
     microns, while the sixth run reported a mean size of 0.9 micron.
     There was no correlation between the mean particle size of the ef-
     fluent and the  amount of controlled alteration (size of the open
     area) of the baghouse.  Visible emissions (opacities greater than
     two percent) were associated with effluent concentrations in excess
     of 40 mg per actual cubic meter and with mean particle size diameters
     of five microns.  It was concluded that typical emissions from this
     asphalt concrete plant had a mean size of five microns and that the
     0.9 micron value resulted from a sampling error.  This conclusion
     is consistent with data obtained using a multi-wavelength transmis-
     someter.  These data showed that light scattering by the effluent
     varied with the wavelength of the incident light in close agreement
     with the optical characteristics predicted from light scattering
     theory for silica particles with mass mean diameter  of five to six
     microns and geometric standard deviation  of 2.5.  (Light scattering
     efficiency of a particle is a function of the particle's size and
     the wavelength of the incident light.)

-------
                                 32
     The discrepancy between the measured size data and the calculated
     sizes results from the assumptions and data used in the analysis.
     The projection analysis assumed use of less efficient control de-
     vices than well-controlled asphalt concrete plants would employ
     and finest expected inlet particle size distributions.  These assump-
     tions may have biased the analysis toward a more lenient opacity
     standard.  This process did not prejudice the industry.   Therefore,
     the resultant discrepancy between the values obtained by the procedures
     does not invalidate their use in establishing an opacity standard.
22.  EPA used a 1967 publication on smoke plumes, a study by Midwest
     Research Institute (MRI) on fine particulate emissions, and a highly
     theoretical  journal  article to develop the asphalt "opacity standard.
     Extension of the information in these theoretical  publications to
     asphalt concrete plants is invalid because asphalt concrete plant.
     emissions are not specifically addressed and the data are merely
     theoretical  calculations, not empirical data.  AC-59(E)

     Response:  The cited references are relevant to the question of the
     asphalt concrete plant opacity standard.  The 1967 study on smoke
     plumes also included a discussion on the light scattering properties
     of particles, Bouguer's Law, and the solution of Mie theory equations
     for several  cases.  Extension of this material to the evaluation of
     the asphalt concrete plant opacity standard is valid since the
     theories have not been disproven.  The MRI report was used as a
     source of information on the particle size distribution of parti-
     culate matter emissions from cyclone controlled asphalt concrete
     plants.  This information is obviously highly relevant to the
     question of the asphalt opacity standard.  The "highly" theore-
     tical journal article was a second source of information on
     light scattering properties of particles.  This information
     was combined with other data to estimate the effect of specific
     variables on the opacity of asphalt concrete t>lant emissions and
     resulted in 'the decision not to revise the opacity standard to a
     lower level.


23.  Fugitive emission sources  cannot he  read as  accurately as
     sources uitii  a  stack  discharge.  EPA anparcntly recognized
     this  v.'hen establishing  the  opacity standard  for asphalt
     concrete plants  but  ignored  it  for Portland  cere P. t  slants
     (§GO.G2(b)(2) and §CO;c2(c)).   The standards  in §G?.C-2(b)(2)
     and  §60.C2(c) should  be  raised  to 2C  percent  opacity.  AC-4C(H)

     Response:  The  difference  in  the opacity standards  for asphalt
     concrete plants  and  Portland  cement  plants  does not  result
     fron  an  inconsistent  regulatory  approach.   In  both  cases  the

-------
                                   33
     accuracy of the method is to be considered at the time of
     enforcement.  Standards of performance are established on the
     basis of demonstrated levels of control  achievable by the in-
     dustry in question.  Information on control   of fugitive
     emissions at asphalt concrete plants indicated that a  20
     percent standard is reasonable.  Similarly,  information on
     control of emissions from the clinker cooler, raw mill system,
     etc.. in Portland cement plants indicated that a  in.nprrpnt.
     opacity standard is reasonable.  The opacity standards of
     §60.62(b)(2) and §60.62(c) will remain at 10 percent.


24.   EPA fails to consider the area of emission from fugitive  emission
     sources when establishing opacity standards  for them.  AC-59(E)

     Response:  The areas of the fugitive emission points were not
     considered in the revaluation of the opacity standard because
     the intent of the standard is to require adequate enclosure  of
     these emission points and proper ducting of the collected
     emissions.  One asphalt concrete plant observed had no visible
     fugitive emissions and had no visible emissions from the  control
     device.  Inspection of the two plants with visible fugitive
     emissions showed that all visible fugitive emissions could
     have been prevented by proper design, operation, and maintenance
     of the asphalt concrete plant.  Consideration of the fugitive
     emission area was not necessary because the  intent of the
     standard is to discourage open areas and insufficient fan capa-
     city for the dryer load.


25.   A facility which discharges an effluent of 90 mg/dscm from a
     4.8 meter stack would have an opacity greater than 20 percent.
     Many Portland cement plants use stack diameters greater than
     4.8 meters and thus their opacity standard should be increased.
     AC-66(H)

     Response:   In EPA's study of the Portland cement industry, the  largest
     expected stack diameter found was 4.6 meters.  Larger diameter  stacks
     are  unlikely due to engineering and economic considerations.  The
     standards of performance for Portland cement plant kilns  is approxi-
     mately equivalent  to 70 mg/dscm, not 90 nig/dscm.  This lov;er concen-
     tration of  particulate matter, a larger mean particle size, and
     maximum expected stack diameter of 4.6 meters indicates that the opa-
     city standard for  Portland cement plants should not be revised  upward.
     If a stack  of diameter greater than 4.8 meters were installed on a
     Portland cement plant kiln and the facility is unable to comply with
     the  opacity standard despite compliance with the mass standard, the
     provisions  of §60.11(e) allow the owner or operator to request  esta-
     blishment of a separate opacity standard.  For the above reasons, the
     opacity standard for Portland cement plants will not be revised to a
     level based on the effect of anomalously large stack diameters.

-------
                                34
26.   Participate matter emissions  from  asphalt  concrete plants do not
     contribute  to the  endangerment  of  public health,  and local  regula-
     tions already adequately control these  emissions.  AC-51(E),
     AC-54(L), AC-55(E)

     Response:   The Clean  Air Act, as amended,  directs the Administrator
     to promulgate standards  of performance  for new  stationary sources
     which he determines may  contribute significantly  to air  pollution,
     but it does not provide  him with specific  criteria or guidelines
     to determine what  is  a significant source.  Therefore, to make
     such a determination, the Administrator must  rely upon judgment.
     In the case of particulate matter  - a pollutant for which national
     ambient air quality standards have been established - the Adminis-.
     trator considers all  sources  to contribute to the endangerment
     of public health or welfare.

     The presence of particulate matter in the  air is  the result of
     numerous diverse mobile  and/or  stationary  sources.  Because
     ambient concentrations of particulate matter  depend upon a
     number of factors  such as distribution  of  sources, topography,
     height at which the pollutant is emitted,  and meteorological
  .;  conditions, a source  may have a significant impact in one loca-
     tion and not in another.  This  makes it meaningless to develop
     a firm definition  of  "significant  source"  that  could be  applied
     nationwide.

     The Act provides the  Administrator a variety  of regulatory  authori-
     ties which  may be  used singly or in combination to achieve  the pur-
     poses of the Act.   For particulate matter, the  Administrator has
     determined  that1 a  comprehensive air quality management strategy is
     needed to protect  public health and welfare and to enhance  the
     quality of  our air resources.  This air quality management  strategy
     is based on the adoption and  enforcement  of State implementation
     plans approved by the Administrator and on standards of  performance
     for new stationary sources promulgated  by  the Administrator.  State
     implementation plans  are designed  to achieve  and  maintain national
     ambient air quality standards as required  under section  110 of the Act,
     and standards of performance  are established  to facilitate  the main-
     tenance of  national ambient air quality standards while  allowing
     industrial  growth.  Ideally,  the Administrator  should issue standards
     of performance for all sources  of  particulate matter at  one time.
     This would  provide the maximum  degree of enhancement of  the nation's
     air resources.  Clearly, EPA  has neither  the  resources nor  information
     to establish standards of performance for  all sources of particulate

-------
                               35
     matter at one time; therefore, a selection process is used.which
     helps establish priorities for standard setting.   In this  selection
     process EPA examines uncontrolled emission rates, proximity to urban
     areas, stringency of State/local regulations, number of plants, and
     growth rates.  A comparative analysis of the air  quality impact of
     emissions from some 80 sources of particulate matter showed asphalt
     concrete,pi ants to be ranked within the first 20  source categories.
     In an analysis of emission rates and expected impact on air quality
     of standards requiring best demonstrated control  technology for
     114 sources of particul ate matter emissions, the  asphalt concrete
     industry ranked number 13 in the amount of reduction in particul ate
     emissions that would result from application of biest control  technology.

     The objective of standards promulgated under section 111  of the Act
     is to prevent new air pollution problems from developing by requiring
     affected sources to use the best systems of emission reduction at a
     cost and within a time frame that is reasonable.   These standards
     are not intended to be directly related to ambient air quality but
     are intended to prevent new air pollution problems from developing.
     Attainment and maintenance of national ambient air quality standards
     is covered by State implementation plans and regulations as provided
     under section 110 of the Act*
27.   Installation of control  equipment with 99.9 percent plus collection
     efficiency will result in unbearable costs and will eliminate many
     small  asphalt firms.   AC-52(E), AC-55(E)

     Response:  This issue was discussed previously in response to com-
     ments  on the proposed standard of performance.  The standard of
     performance was promulgated on March 8, 1974.   Since putting this
     standard into effect, no information has  been  received that indicates
     a need for a reanalysis  of the costs and  economic impact of the stan-
     dard.   The discussion of this issue presented  in Volume III of
     "Background Information  for New Source Performance Standards:  ..."
     (APTD-1352 c) is still applicable and is  repeated in full  below.

     The promulgated standard of 0.04 gr/dscf  requires installation of
     best available control technology (considering costs) which for
     asphalt concrete plants  is considered to  be well-designed, -operated,
     and -maintained baghouses or venturi scrubbers.  This concentration
     standard of 90 mg/dscm (0,04 gr/dscf) still requires collection
     efficiencies of 99.9+ percent.  It is our judgment that the incre-
     mental investment required by the final standard will generally
     not create any serious additional financing problems for new
     asphalt concrete plants.

-------
                             36
Asphalt concrete plants meeting State emission standards should be
able to increase prices to cover the added cost of pollution  control
according to the February 1972 Economics of Clean Air  (Annual Report
of the Administrator of the Environmental Protection Agency to Congress,
March 1972).  Because the annual costs for a new plant meeting the
final standard closely approximates the cost for an existing  plant
meeting a typical State standard, our judgment is that a new  plant
will not be placed at a competitive disadvantage.  These judgments
have been reinforced by NAPA's public comments that were submitted
to EPA on July 24, 1973.  On page 49 of their comments they stated:

       The National  Asphalt Pavement Association, .as it has
       indicated on many occasions  to EPA, subm'ts that  the
       legitimate goal of protecting t!,c environment and
       reducing emissions in'11 be achieved !.y the imposition
       of a  .CO standard rather than the  .03.1 standard.   It
       is submitted by the industry that this 'nil resvlt  in
       an improvement of the emission levels by  99.C0'  and  is
       consistent with the goal which he.s been stated  of  ??.7?'
       by the Environmental Protection Agenc1'.   Further,  it  is
       submitted tiia.t trie reduction is achievable at a rea-
       sonable cost without unduly  endangering the existence
       of the industry or forcing the use of other alternative
       products.  Thus, it is  submitted thc.t it  is important
       that  the standard be .00 and not  .031.

       It is important that it be  recognized that if the
       standard is  .DC the equipment which will  be required  to
       be purchased will be either  a venturi scrubber  wi th a
       minimum 20-inch pressure drop or a baghouse with  a  0
       to 1  air-to-clcth ratio.   It is submitted that there-
       will  be a significant itr^rove^crit  in the  environment
       with  an  .CC  standard.   The .OC standard will  further
       require that the plants be kept in good ore-rating
       repair and condition or they v.-ill  fail to meet  the
       .06  standard.  A .06 standard v.'i 11 avoid  the  problems
       of the size  and shape of the participates and also
       other problems 'which cannot  be answered at the  pre-
       sent  time.

liAPA's conclusion is  that the-  cost  for a venturi scrul. ber  with
a 20-inch pressure  drop or a baghousc with a 0:1 air-to-cloth
ratio  is reasonable.  It is EPA's  contention that this  equip-
ment v.'i 11 achieve the final standard (0.04 gr/dscf).   Thus,
IIAPA's conclusion that cost for ti.is type of equipment i?
    c-Tc-llfc  re info rets, our ^ud'jme'it  that t;:e erst to  me&t  the
    l standard is reasonable.

-------
                                  37
     The costs resulting from the standard to an owner or operator are
     considered reasonable for all sizes of plants; there is no economic
     penalty to small plants.  The standard does not apply to existing
     plants.  If an operator of a small plant decides to modify an
     existing plant or build a new plant, the costs of complying with the
     standard of performance will be increased 6 to 10 percent over the
     costs of complying with State regulations.
28.  EPA should provide some accommodation in regulations to consider
     situations where it is impossible to establish opacity standards.
     Specifically, for some steam generators opacity can vary markedly
     without any change in mass emissions of the facility (as determined
     by Method 5 testing.)  AC-75(G)

     Response:  The suggested exemption of specific facilities is not
     necessary.  During the development (or revaluation) of the opacity
     standards of performance for a given source catecjpry, all variables
     affecting opacity are thoroughly investigated.  If"the analysis
     indicates that certain operating (or other) conditions merit sepa-
     rate standards, section 111 of the Act allows the Administrator to
     distinguish between such situations and establish separate standards
     of performance for separate classes of sources.
Method 9

Paragraph 1

1.   Restriction of Method 9 to stationary sources reduces the generality
     of the method.  AC-14(C)

     Response:  This is true; however, the special Problems such as the
     tunnel effect v/hich can occur with plumes from mobile sources re-
     quire further consideration and are beyond the scope of Method 9
     which is a reference nethod for determining compliance with stan-
     dards of performance for stationary sources.
  Paragraph  2

  1.  Paragraph 2.1 should be amended to require the observer to be located
     two to three stack heights, but less than a quarter mile, froir the
     stack.   If the observer is located closer than two stack heinhts
     frop the source, the observed opacity will be nreater than the
     actual opacity due to the increased path/length  through  the  plume
     and the  exponential dependence of opacity on path; length.  AC-3(A)
     AC-14(C), AC-63(G), AC-64(H), AC-69(A), AC-70(G), AC-72(G)

-------
                                38
    Response:   An observer located near the stack  has  the  potential  to
    observe  opacities which are preat.er than  the  true opacity.   This
    effect is  not, however, a result of the distance  from  the  stack:
    rather it  is a result of the ancle between the  line of vision
    and the direction of the plume.   A lew anole wr.-uld produce an
    increased  path length which', as indicated  in the comment,  would
    result in  high readings.  Paragraph 2.1 makes  clear that obser-
    vations are to be approximately perpendicular  to the plume direc-
    tion.  This criterion is sufficient to preclude readings taken
    at low angles and consequently longer than actual  path lengths.


2.   Method 9 should include more explicit instructions regarding
    allowable  observer positions.   Method 9 should require the ob-
    server to  fully document any compromise (or greater error) posi-
    tions used due to physical  limitations at  the  site.  AC*3(A),
    AC-7(I), AC-43(E)

    Response:   Method 9 as promulgated on November 12, 1974,
    requires the observer to clearly document  all  Pertinent infor-
    mation. The required records  include clear identification of
    the source of the emissions, nature of the facility, date  of
    observations, explicit records of the observer's  location  with re-
    spect to the emission  source  anc1 the sun, description of  sky
    condition, plume background, wind speed, and wind  direction.
    This information can be used for"an independent assessment of
    whether the observer was located in conformance with  the specified
    criteria.   If the information indicates that the observer was not
    located in accordance with the criteria, then the field data can
    be used to assess the effect of the nonconformance on  the accuracy
    of the data.
3.  Method 9 should expressly prohibit observers from taking obser-
    vations from positions which are outside the maximum range permitted
    by the specifications of paragraph 2.1. AC-r46(H)

    Response:  The criteria governing observer positions are established
    to minimize the maximum positive error associated with Method 9
    observations.  Express prohibition of positions not strictly in
    conformance with these criteria is not necessary if the additional
    error introduced by nonconformance is considered in determining
    possible violations.  The magnitude of this increased error can
    be estimated only through a careful assessment of the observer
    location, background, and other environmental factors.  This error
    assessment is necessarily done on an individual basis.  Obviously,
    any error estimate is open to rebuttal.

-------
                              39
4.  How is the observer to determine with any accuracy that the sun
    is located within a 140° sector tc his back?  At the extremes
    of this angle, compliance with this specification may be argu-
    able.  AC-42(H), AC-46(H), AC-56(M)

    Response:  This criterion is designed to ensure that readings
    are not taken from positions which could result in unaccept-
    ably high errors.  It is true that determination of confor-
    mance with the 140° angle specification requires careful
    documentation if the observer is located near the extremes
    of the range.  Hith carefully documented information on the
    relative position of the sun, observer and nlume, the cal-
    culation of the angle is a straightforward procedure.  In
    any case, the 140° angle does not represent a sharp break
    point beyond which unacceptably large errors occur,  and small
    errors (+_10°) in the observer-sun-plume position are not critical
    Method 9 should be revised to require the observer to keep the
    sun at least in a 120° sector and preferably in  a 90° sector
    to the observer's back.   The present specification of 140°
    will allow the sun to be within 20° away from beino perpendi-
    cular to the observer's  line of sight.   Observations taken at
    the extreme range of the 140° sector will be affected by the
    angular scattering patterns of small particles.   Specification
    of a 90° or 120° sun angle would minimize this  probler.   AC-45(H)
    AC-46(H), AC-56(M), AC-59(E), AC-64(H),  AC-70(6)
    Response:  It is necessary to prevent positive errors which
    can result from observation of the forwardly scattered linnt,
    as noted in the comment.  The forward scatter contribution to
    the apparent opacity of a plume can be important at observer-
    sun angles greater than 180°.  The contribution of forward
    scatter is minimal when the observer is positioned with the
    sun in a 140° to 160° sector to his back.  The 140° sector
    requirement is considered-adequate and has been shown in
    field tests to preclude significant errors.  Specification
    of 120° sector or 90° sector angles is more restrictive than
    field data indicate is necessary.
6.  Method 9 should require two simultaneous observations taken
    45° to 90° apart to consider the effect of sun angle on the
    plume's apparent opacity.  AC-45(H)

    Response:  See response to above comment.

-------
                                40
 7.   As  presently written,  Paragraph 2.1 precludes taking opacity
     readings when  the  sun  is directly overhead or during overcast
     conditions when  the  position of the sun is relatively unimpor-
     tant.  AC-16(A)

     Response:  Paragraph 2.1 as written does not prohibit the taking
     of  opacity readings  when the sun is overhead because the observer
     sun  angle specification does not prohibit angles greater than
     70°.  While paragraph  2.1 is not intended to'prohibit taking
     readings during  overcast conditions,  slightly more restrictive
     criteria than  necessary are established."


 8.   The  requirement  to read across the shorter axis of rectangular
     stacks should  be deleted to preclude  usage of rectangular stacks
     solely for circumvention of opacit} standards.  AC-2(A), AC-ll(A),
     AC-34(B)

     Response:   It  is unlikelv  that a  source would construct a  rec-
     tangular stack in  order to circumvent the  opacity  standard  since
     the mass "or concentration standard is more restrictive  and must  be
     met regardless of  the  level  of the  opacity standard.   Similarly,
     it would not be reasonable for EPA  to require readings  to  be
     made,.through the longer path  length,  as this would in  some
     cases make the opacity standard more  restrictive than the con-
     centration  standard.


9.   Method 9 does  not  provide  any guidance on  correct  observer
     location,  etc., for situations when  the wind is blowing per-
     pendicular to the  longer axis of  a  rectangular  stack  or other
     emission area.  AC-7(I)

     Response:   The observer position  criteria  specified in  para-
     graph 2.1  are designed to  result  in  data with minimum positive
     errors.   Like the  other methods in  Appendix A,  Method 9 does
     not discuss  special  situations which  may require changes to
     the procedures and exercise of judgment by the  personnel con-
     ducting the  test..  If conditions  at  the time of observation
     prevent the  observer from  positioning himself strictly in
     conformance  with these criteria,  then larger positive errors
     will occur.   The magnitude of these  errors can  only be esti-
     mated through a careful assessment of the  observer's  position
     on a case-by-case  basis.   Method  9 requires recording of suffi-
     cient information  on the contrast conditions,  observer location
     with respect to the sun and the emission  point, meteorological
     conditions,  emissions  sources observed, and plume  characteristics
     such that an independent assessment  of the accuracy of the data
     can be made.  Any such assessment of the error  associated  with

-------
                                 41
     the readings is subject to rebuttal  by interested parties.   In  any
     case, an observer should not take readings through the length of
     the plume.  With situations of this  type, the observer should  con-
     sider evaluating the source at another time under different meteoro-
     logical conditions or should consider possible compromise orientations
     with respect to the stack or sun.  If observations are made under the
     latter conditions, then the observer should assess the magnitude  of
     the increased positive errors that may result and consider this error
     in determining any possible violations.  The validity of any such
     error assessment would be subject to challenge by any alleged  violator
     in any enforcement proceedings that occur.
10.  Since all plumes from closely spaced multiple stacks will  be dispers-
     ing in the same direction, accurate opacity readings are improbable.
     AC-57(M)

     Response:  Under normal  meterological conditions, plume rise will
     be sufficient to allow observation of each plume individually.
     Readings of single plume widths taken in conformance with  the
     criteria of Method 9 can be assumed to accurately evaluate the
     source's emissions within the error of the method.  Close-in mix-
     ing and co-dispersion of several plumes is possible only during
     certain periods of extreme meteorological  conditions.  The occur-
     rence of such meteorological  conditions does not justify reading
     multiple stacks colinearly.  If observations are made during ceriods
     when reading of single plumes is not possible, Method 9's  record
     keeping requirements will provide sufficient information to allow
     an independent assessment of the accuracy  of the data.  Inability
     to conform with the criteria of Method 9 will require careful
     assessment of the accuracy of the data for that observer-plume-sun
     orientation.
11.   The type equipment or process responsible for the emissions should
     be recorded on the observation sheet.   AC-23(E)

     Response:  Figure 9-1 is considered to provide a record of suffi-
     cient information to identify the process and equipment.   Note that
     records of the facility, control  device, and point of emissions
     are required on the form.


12.   Reading of a plume that has doubled back on itself should be
     expressly prohibited (paragraph 2.3).   AC-46(H)

     Response:  Paragraph 2.1 of Method 9 implies that only one plume
     width is to be observed.  EPA does not agree that  an express
     prohibition is necessary.   Smoke  readers are trained to read
     apparent plume opacities by viewing perpendicular to the plume
     and through one plume width.  Experience with qualified observers
     has not shown any readings of doubled  back plumes or that"

-------
                                     42
     such situations present any problems.


13.   The specifications of paragraph  2.3 are arbitrary  because  the
     point of maximum opacity in the  plume varies  with  time.  A
     single observation point should  be  used to give  a  representa-
     tive and consistent picture of plume opacity*  AC-16(A), AC-45(H)

     Response:  The requirements of paragraph 2.3  are not  arbitrary
     and will result in a representative evaluation of  emissions.
     For stationary sources which do  not exhibit a steam plume, ,the
     point of greatest opacity will occur in the immediate vicinity
     of the point of emission.   The plume, consequently, will  be eval-
     uated at a single observational  area.   Although  unlikely,  should
     any situations occur in which  non-representative evaluation  of
     the process would result from  reading the emissions at the point
     of greatest opacity, the emission  cycle and process operations
     would be considered in the development of an  opacity  standard
     (if any) and application of Method  9 to that  source.
14.   The provisions of paragraphs  2.3 and 2.3.2 are  contradictory.
     Paragraph 2;3 should specify  that alj  observations,  except
     those for attached plumes,  be made on  emissions at the  stack
     exit.  AC-42(H), AC-64(H)

      Response:  The  provisions of paragraphs 2.3 and 2.3.2 are not
      contradictory.  Paragraph 2.3 clearly specifies reading at the
      point of maximum  opacity where  condensed water vapor is not
      present.  This  point will occur someplace near the stack exit be-
      fore appreciable  cooling and dispersion of the plume has occurred.
      For  a detached  steam plume, the point of maximum opacity will be
      near the stack  exit, and paragraph  2.3.2 merely clarifies that
      readings are  to be made at that point.


15.   Taking observations of the plume  at 15-second  intervals places an
      undue burden  on the observer.   Method 9 should require readings
      at 30-second  or 60-second intervals.  AC-13(A)

      Response:  Method 9 requires observing at 15-second intervals in
      order to assure that the emissions  are adequately characterized
      by the observer.  Observation at  30-second or  60-second intervals
      would not sufficiently characterize emissions  from many sources
      with intermittent or rapidly changing emissions.  Considering the
      need for an accurate and representative assessment of the emissions,
      observation at  15-second intervals  does not place an undue burden
      on the observer.

-------
                                      43
16.  In order for Method 9 to be valid legally, "uncombined water
     vapor" must be defined.   AC-16(A)

     Response:  Every term in a regulation or test method is not,
     and need not, be specifically defined in order to be legally
     valid if the meaning of the term is understood from standard
     usage.  Terms or phrases are defined in the general provisions
     of Part 60 of Title 40 or in the specific subpart when the absence
     of a definition could perhaps result in misinterpretation of the
     term or regulation.  EPA does not believe that definition of "un-
     combined water vapor" is necessary because the meaning of the term
     is understandable from standard usage.  Recent revisions of Method
     (39 FR 39872) have clarified the procedures by which "uncombined
     water vapor" is to be excluded from evaluation of the source
     emissions.
17.   Attached water vapor plumes are not amenable to meaningful
     opacity observations because of residual  water vapor associated
     with, the dust nuclei.   AC-42(H), AC-51(E), AC-57(M), AC-64(H),
     AC-.72CG);

     Response:   EPA believes  that  attached  steam  plumes  can  be
     meaningfully  evaluated  for  the  purpose  of  detemininc com-
     pliance with  opacity standards.   As  shovm  in "EPA Response
     to  Remand  Ordered  by U.S. Court  of Appeals  For  the  District
     of  Columbia in Portland  Cement  Association  v.  Ruckelshaus
     (486  F.2d  375, June  29,  1973)," steam  plumes can be readilv
     distinguished from plumes containing particulate natter and
     the point  of  dissipation of the  condensed  water varor is
     easily  determined.   Method  9  requires  the  observer  to read
     attached steam plumes after the  condensed  water vapor has
     dissipated.  At the_  point where  all  water  droplets  have
     evaporated and are no lonaer  visible,  the  concentration of
     particulate matter in the plume  has  been diluted consider-
     ably  below that at the  stack  exit.   Only if  the plume ex-
     ceeds the  opacity  standard  at that point can an observer .
     consider a citation  for  violation.   This procedure  allov-'S
     operators  of  wet processes  the  benefits of dilution and
     does  net result in unjustifiable citation  of sources  for vio-
     lation  of  opacity  standards.

     Residual particulate matter observed in the  plume followirn
     evaporation of tiie condensed  water  vapor will  not Le  more
     visible due to an  adhering  layer of  condensed water on  the
     particles. Shortly  after evaporation  of all water  droplets
     in  the  plume, any  film  of v/ater adhering to  particles also

-------
                                  44
     will  have evaporated to the equilibrium value.   For emissions
     from most stationary sources, the effect of the  equilibrium
     residual  layer of water on the effective size and the combined
     light scattering properties of the parti cul ate  in the plume is
     insignificant.
18.   Method 9 should specify a longer minimum observation  period than
     six minutes, for example, 15 minutes.   One six-minute period is
     not necessarily representative of operations of the source  and is
     unduly influenced by transitory excursions.   AC-14(C), AC-42(H),
     AC-45(H), AC^46(H], AC-56(M)
     Response:  In evaluating the accuracy of Method 9,  it  was  determined
     that 24 readings taken at 15-second intervals were  sufficient to
     assure acceptable accuracy and to obtain a representative  evalua-
     tion of the emissions.  Use of longer averaging periods  are not
     necessary to consider the effects of transitory high emissions.
     That is, if brief periods of high concentration emissions  are an
     inherent, unavoidable feature of the process, the opacity  standard
     will have been established at a level which considers  these emis-
     sions.  For sources in which transitory high emissions are not an
     inherent', unavoidable feature of the process, transitory excursions
     are indicative of improper operation and maintenance of the control
     system and process and such emissions should not be allowed.  An
     observation period longer "than six minutes in not considered necessary.


19.  Opacity observations should be averaged over the time  period re-
     quired to conduct a Method 5 test on the source in  order to  better
     relate opacity to mass emissions.  This longer averaging period
     does not represent an unreasonable burden on the observer.  AC-65(I)

     Response:  Averaging opacity data for the period required  for Method
     5 tests so as to better relate it to the mass emissions is unnecessary
     for facilities with stable emission rates.  Method  5 tests are con-
     ducted for periods of one hour or longer to assure  collection of
     sufficient mass to minimize errors due to recovery  and weighing of
     the collected particulate matter.  If the effluent  concentration
     fluctuates little, averaging the opacity data over  the Method 5
     test duration would serve no useful purpose and would complicate
     enforcement of opacity standards.

     While it can be argued that for any batch process opacity  observations
     should be averaged over the period of a Method 5 test. to better relate
     them to mass emissions, EPA does not believe this is necessary for the
     purpose of opacity standards.  (In-stack transmissometers  or other

-------
                                 45
      plume  opacity  data  are  averaged over the period of the concurrent
      mass measurements in  order  to develop  a functional mass opacity
      relationship.   Data from  such studies  serve a different purpose
      than do  opacity standards.)  Opacity standards are established to
      insure continued proper operation and  maintenance of the control
      system.   If  the opacity standard for a batch process is established
      at  a level which reflects the level of control required during the
      peak emission  period  by the concentration or mass standard, the opacity
      standard will  insure  proper operation  and maintenance of the control
      system and the observations need not be averaged over the period of
      a Method 5 test.


20.   Method 9, specifically  paragraph 2.5,  should allow use of alternative
      averaging periods.  Use of 21 consecutive readings taken at 15-second
      intervals has  proven  to be adequate for enforcement purposes and
      should be allowed.  AC-16(A)

      Response:  The  provisions of Method 9  establish criteria which are
      designed to minimize  the maximum positive error associated the read-
      ings.  The maximum  positive error associated with single sets of 24
      consecutive readings  taken at 15-second intervals in accordance with
      the criteria of Method  9  has been quantified.  EPA is presently evaluat-
      ing the  maximum positive  error associated with averaging opacity obser-
      vations  for  periods less  than six minutes and different methods for
      determining  compliance  with opacity standards.  Depending upon the
      results  of this study,  revisions may be made to the methods allowable
      under  Part 52  of Title  40 for determination of compliance with opacity
      standards and  may be  considered for Reference Method 9 of Appendix A
      to  Part  60.  If any of  the  methods are revised to allow different
      averaging periods,  any  determination of compliance must consider the
      maximum  positive error  associated with the averaging period in deter-
      mining possible violations  of applicable opacity standards.

      Until  the appropriate revisions are made to the methods, use of exist-
      ing procedures is possible  under the general provisions of  Part 60.
      The provisions of 40  CFR  60.8(b) allow use, upon approval 'by the
      Administrator, of "alternative" or "equivalent" methods for determining
      compliance with applicable  standards.  If a State or other  air pollution
      control  agency desires  to use a procedure differing  from  the  revised
      Method 9, it may do so  provided the  "alternative" or "equivalent"  pro-
      cedure can be  demonstrated  to produce  results adequate  for  determination
      of  compliance.  The use of  average values of single  sets  of 21 obser-
      vations  taken  at 15-second  intervals,  therefore, could  be an  allowable
      procedure upon an adequate  demonstration of  the  accuracy  of the procedure.


21.   The method of  averaging opacity  observations  should  be  clarified  for
      cases  where  the applicable  opacity standard  of  performance  includes
      a time exemption.   AC-63(G)

-------
                                   46
     Response:  Opacity standards of performance with time exemptions are
     being reevaluated and will be revised to levels based on six-minute
     average values.  If an opacity standard of performance is established
     vith a time exemption, procedures will be specified for determining
     compliance with such a standard.
Paragraph 3

1.   EPA should require the use of Ringelmann charts or other reference
     opacity charts for reading opacities because the ability of obser-
     vers to remember opacity levels fades with time, and recertifica-
     tion every six months does not adequately correct this problem.
     AC-70(G)

     Response:   Method 9 does not preclude field use of observer aids
     such as visual comparators; however, field evaluation of the
     capability of an observer to accurately read plumes has shown
     that such  aids are not necessary,   decertification every six
     months has been found to be of sufficient frequency to ensure
     acceotable observer accuracy.

     Use of Ringelmann charts is unacceptable because they are not
     the basis  for opacity observations.  Ringelmann charts are used to
     measure the relative blackness or grayness of emissions and as such
     are not applicable to Method 9.


2.   The certification orocedure still  fails to require the observer to
     Qualify on predominantly low onacity plumes.  AC-7(I)

     Resoonse:   The certification procedure has proven to be adequate
     for training observers to read low opacity plumes.  The average
     observational error associated with plumes of known opacity was
     discussed  in the "EPA Response to Remand Ordered by the U.S. Court
     of Appeals for the District of Columbia in Portland Cement Asso-
     ciation v. Ruckelshaus (486 F.2d 375, June 29, 1973)."


3.   Method 9 should require that test results on unsuccessful attempts
     for certification should be retained.  AC-7(I)

     Response:   Retention of scores on all unsuccessful runs would serve
     no aseful  purpose.


4.   Observational errors of less than 7.5 percent opacity are achieved only
     after several hours of practice on plumes of known opacity, even
     for previously certified observers.  Therefore, Method 9 is not as
     reliable as claimed by EPA.  Method 9 should be revised to require
     preliminary qualification of the observer followed by a 24-hour

-------
                              47
     delay during which the observer would not again be exposed to known
     plume opacities.   At the end of the 24 hours, in order to be a cer-
     tified smoke reader, the observer would be required to pass the
     test for certification.a second time.  AC-45(H), AC-46(H), AC-57(M)

    ..Response:  As discussed in the "EPA Response to Remand..."
     qualified observers are able to assign ooacitv levels to plumes
     v/ith positive errors less than 7.5 percent opacity.  This
     evaluation.included field assessments of observer accuracies
     in addition to tests conducted nsinq a snoke generator.   In
     none of these field tests did the observers have the benefits
     of practice runs.  Therefore, the suggested revision is un-
     necessarily restrictive in view of the acceptability of result?
          present procedures.
5.   Method 9 should reouire observers to qualify on wet plumes.
     A'C-46(H), AC-57(t') '
     Response:   EPA is currently investigating technioues which could
     be employed in smoke schools to further enhance an observer's
     ability to accurately identify contaminated water ^Tunes.  Pro-
     cedures used by State anr> local regulatory aoencies to observe
     contaminated water vanor "lurries are being reviewed also, and the
     use <^f such training aids as movies and apprenticeship trainino
     '.•-.•ill"be considered.
6.   Method 9 should include Procedures for evaluating onacitv at
     night,  AC-2(A), AC-ll(A). AC-3*(G), AC-C5(A)

     Response:  EPA recognizes the advantages of obtainina opacity
     readings at night; however, sufficient data have not been
     obtained to justify extension of Method 9 tc reading at nicht.
     Method 9 should require the observer to qualify without the
     benefit of practice runs on a different stack diameter than
     that on which he was trained.  It is a poor assumption that
     the observer can read all  stack diameters accurately when
     trained on one stack diameter alone.  AC-46(H), AC-57(M)

     Response:   Field tests under varying conditions on different
     sources and different stack diameters hrtve shown that observers
     certified according to Method 9 using a srrroke generator are cap-
     able of reading opacity with a maximum positive error of 7.5
     percent regardless of the stack diameter.  Therefore, the assump-
     tion is valid and Method 9 will not be revised.

-------
                                   48
8.   Training and certification on fugitive emission sources should
     be part of Method 9.  Without such training, Method 9 is an un-
     reliable procedure for determining ooacity of fugitive emissions.
     AC-46(H), AC-Eff(E), AC-73(D)

     Response:  Training and certification on fugitive emission sources
     is not necessary because the factors affecting apparent plume opa-
     city are the same for fugitive emission sources as for emissions
     fron a stack.  Specifically, as discussed in response to comment 7
  -   of this section, the path length through which the emissions are
     viewed does not affect the capability of observers to accurately
     assign opacities.   '(The path length does affect the apparent
     opacity which a given concentration level effluent will exhibit.)
     The effects of luminescence and color contrast between the emis-
     sions and the background on apparent plume opacity will be the
     same as experienced with observations of erissions from stacks.
     The velocity at which the nases move through the observer's lire
     of vision has no effect on opacity.  Apparent opacity of fugitive
     emissions and emissions from stacks are affected in the same manner;
     therefore, the existing training procedures are adequate and Method
     9 is a reliable and valid procedure for evaluating fugitive emissions


9.   EPA should require- the reading of light colored plumes against a
     dark background because the errors are reduced.  AC-46(H)

     Response:  Observations made against less contrasting backgrounds
     have a negative bias and negative error which increase.- as color
     and luminescence contrast decrease toward zero.  A negative bias
     decreases the possibility that a plant owner will  be cited for
     violation of opacity standards due to observer error.  Readings
     taken under such conditions need not be prohibited.
10.   Method 9 should not require the observer to repeat all 5^ obser-
     vations if he only fails on one set of 25 observations.  Comple-
     tion of full certification should then only depend on meeting
     the criteria for 25 readings on the other color smoke.  AC-3(A),
     AC-34(B), AC-69(A)

     Response:  This relaxation of the requirements for certification
     has not been proven necessary or to result in equivalent results.
     The Method 9 certification criteria have been proven acceptable
     and should not be modified unless it can be shown that eouiva.lent
     or better quality data are obtained from the revision.

-------
                                49
11.  Zero and span drift of the smoke meter should be checked after
     each run, and any run in which the drift exceeds +4 percent,
     instead of the +1 percent specified, should be dropped.  AC-2(A),
     AC-11CAL ACT-34T&J, AC-69(A)

     Response:  A zero and span drift of +4 percent is unnecessarily
     large and will result in unacceptable errors.  The present re-
     quirement of +1 percent is capable of being met and will be
     retained.
12.  Opacity observers should not be trained on equipment less accurate
     than in-stack transmissometers used on many sources.  AC-14(C)

     Response:  A transnn'ssometer nee tine the criteria soecifieci
     in Table 9-1 of Method 9 is acceptable for use on a smoke
     generator.  Smoke generators produce very fine particles,
     generally less than 0.5 micron.  Because there are fewer
     significant variations in angular scattering components, the
     angle of view and angle of projection criteria can be less
     restrictive for snokc ocnerators then for iii-stack trans-
     trn'ssonieters installed in industrial sources.  The transmisso-
     meters wi11 achieve equivalent accuracy.
13.  Several of the sr.oke neter specifications ir Table 9-1 do not
     apply to either split or dual hean transmissometers.  AC-9(K)

     Response:  The criteria specified in Table 9-1 are applicable
     to the large majority of sroke nenerators' smoke meters.  Al-
     ternative specifications nay be approved for those fe<:' cases
     where split or dual beam transmissoneters erf used on smoke
     oenerators.
14.   A percent rise should be included in the 'response time speci-
     fication.  AC-1
     Response:  Kith in the lii'its of visual perception of the
     recorder trace, the rise is to be 100 percent one1 f'.us w
     not specified.
15.   The thirty minute warn-up period for the srol'.e neter is longer
     than necessary and wasteful of both time and enernv.  AC-12(A),

-------
                                50
     Response:  EPA's experience has shown that drift is common;-
     during warmup of the smoke meter.   A thirtv minute warm-up
     period is required to prevent this and to assure a valid test.
Gene_ra1_Cprnmen_ts_ on Method 9

1.    Concur with the Mcvember 12, 1974 federal Register revisions to
     Method 9 and the provisions of §GO jT[?yr~lft£WfG"),  AC-5G(i1),

     Response:  ;io response is necessary.


2.  Method 9  should establish morp definitive criteria for reeding
    opacity and training of bbservers.  AC-38(H)

    Response:  Method 3 has teen demonstrated to produce accurate-
    results and, therefore, the  criteria are  cieeired adenuate.
    Method 9 should specify vho may certifv observers.  AC-14(C)

      Response:  The criteria, not  the organization performing the
      certification, are the important factors.   Any organization
      may  establish a  smoke school  oroviided  it  adheres to  the
      minimum criteria of Method 9.
 4.    EPA  should establish  only  certification  guidelines  rather  than
      mandatory requirements  for states which  already  have established
      smoke  schools.   AC-16(A)

      Response:  Minimum  criteria,  not guidelines,  are considered
      necessary in  the reference methods which are  applicable  to
      standards of  performance in 40  CFR Part  60.
      Method  9  should  allow  observations  to  be made  only  under weather
      conditions  comparable  to  those  existing during the  observer's
      certification  or the certification  procedure should be  expanded
      to  include  training under varying conditions of cloud cover  and
      background, and  on industrial plumes.  AC-7(I)

      Response:   It  has not  been shown necessary  to  limit observations
      to  weather  (contrast)  conditions prevalent  during the observer's
      certification  test.  Field evaluation  of industrial  plumes by
      observers trained under a variety of conditions has  not shown
      that  training  conditions  affect accuracy.
 6.    Method  9  is  a  subjective  and  imprecise  procedure.   Too  many
      variables  (wind  speed,  plume  color,  illumination,  background,

-------
                                51 ,-


 and  wet plumes)  affect the  apparent  opacity  for the  method  to
 yield reproducible  and accurate results.   AC-G(K), AC-20(D),
 AC-21(L),  AC-22(E),  AC-23(E),  AC-35(M),  AC-38(M),  AC-48(E),
 AC-49(F),  AC-50(E),  AC-51(E),  AC-57(M),  AC-58(E),  AC-73(D)

Response:  EPA's "Response to Remand Ordered by U.S.  Court of Appeals
for the District of Columbia in Portland Cement Association v.  Ruckel-
shaus (486 F.2d 375, June 29, 1975)" extensively discussed the accuracy
and reliability of Itethod 9 and the effects-of variables on rlune _anna-
rent opacity.  Jr.. summarize the relevant sections of the report; '-It
is known that maximum opacities and maximum errors are associated 'with
observations conducted against contrasting backgrounds.  Under con-
ditions presenting a less contrasting background, the apparent opacity
of the plume decreases and approaches zero as the color and luminescence
contrast decrease toward zero.   Coriseouentlv, a significant bias and
error can be nade when viewing under Jess contrasting conditions.
The positive error associated with readings conducted against a con-
trasting background was determined iv. this study.  Based on the results
of a total  of 769 sets of 25 readings, it was determined that qualified
observers can (with a very high confidence level, 99.3%.of the readings")
read plumes v/ith an error less than 7.5 rxrcent.  EPA, therefore, con-
cluded that Method 9 has a reasonable error tolerance and the netnod
is a valid and reliable basis for deternining compliance with opacity
standards.
Experience with the effect of meteorological conditions, cloud cover,
and ambient lighting on apparent plume opacities for P. light !:lue
plume fron an oil-fired steam generator contradicts the effects
indicated to be expected ir. .the discussion  in the November 12, 197^
Federal  Register or in the PCA remand response.  AC-30(R)

Response:  The data presented by the cement at or do not contradict
the discussion and information presented in the "EPA Response to
Remand...".  The data siiow that plume visibility and apparent
opacity decrease as color and luminescence contrast decrease.  Under
such conditions a negative bias results.  The negative bias resulted
in the discussed light blue plune being invisible against light back-
grounds.  The pi nine only became visible
;en  a  sufficiently  contrast-
ing background such as hillside or dark clouds war used
Opacity readings taken in the field are not as accurate or repro-
ducible as tiiose taken for certification at a smoke school.  In
field observations the sun angle is determined at the observer's
discretion and by the physical limitations of the site.  In addi-
tion, vertical observation anoUs vary, snc! multinle sources may
be present.  AC-45(H), AC-57(M)

-------
                                    52


    Response:  While all  these situations may occur in the field, tests
    under field conditions  have  demonstrated that observations of accent-
    able accuracy  can  t/e  obtained  i.i ti.e  ficlu  uy qualified observers.
    See "EPA  Response  to  Remand..." for discussion of field tests.


    The November 12, 1974 Federal Register revisions to Method 9 are
    appropriate in light of experience with the procedure.  Method 9
    should be further  revised to accommodate situations where an
    exemption is necessary  (e.r. base period opacity and an exemption)
    and to avoid inadvertent!/outlawing  their  use by local agencies.
    AC-3(A), AC-15(B), AC-68(A)

    Response:   EPA, is  presently  evaluating  the  maxlraum nositive  error
    associated  with  averaging  periods  other than  six-minutes  and different
    methods  for determining compliance with  opacity standards.   Depending
    on  the  results of  this  study,  revisions  may be made  to the methods
    allowed  under  Part 52 of Title 40  for determining compliance with
    opacity  standards  and may  be considered  for f'ethod 9 of Part 60.
    The use  of  opacity standards of performance based .on six-minute
    average  values should not  invalidate  existing local  procedures and
    opacity  standards  with  time  exemptions.  Existing State opacity
    procedures  and regulations should  continue  to be legally  valid just
    as  existing regulations, for  NOX, sulfur  oxides, and  particulate mat-
    ter remained legally  valid after EPA  established different test pro-
    cedures  than those used by many State agencies.  There is no reason
    why the  different  test  procedures  cannot coexist.
10.   An alternative procedure for determining cornltsnce with op.acitv
     standards  which include  a tine exemption cannot he established
     because no valid criteria can be developed.   Statutory prohibition
     of emissions  in excess of a standard is the  only logical h-asis
     for regulation of sources v.'it.'i intermittent  periods of
     emissions.  AC-16(A)

     Response:   No response is necessar".
11.   The averaging concept is not suitable for regulation emissions
     fro~ nan;/ industries.  Intermittent emissions in excess cf those
     ^emitted for startups, shutdowns, soot blowing, etc., should not
     be allowed.   AC-4(E)

-------
                                   53
     Response:  EPA believes that the average opacity concept is suit-
     able for regulating most industries when an average standard at an
     appropriate level  is selected.  Opacity standards thus established
     will not allow emissions in excess of control levels determined
     to be achievable by well-controlled facilities in that industry.


12.  The use of sixrminute average values to determine compliance allows
     a new source to emit more particulate matter to the atmosphere than an
     existing facility is allowed under a SIP regulation.  The commentators
     strongly disagree with these revisions.  AC-17(A), AC-29(A), AC-68(A)

     Response:  Whether or not an opacity standard of performance will
     allow greater emissions than the existing State regulation is depen-
     dent on the control systems used to comply with the respective stan-
     dards, the levels of the standards, and the length of the time exemp-
     tion allowed in the SIP regulation.  In general, due to the time
     exemptions in State regulations the differences between the two methods
     are "largely superficial, and the total amount of particulate matter
     emitted is similar or the standard of performance is more restrictive.
     Six-minute averages of opacity observations are used to ensure
     taking sufficient readings  to ensure acceptable accuracy, and to
     obtain a more representative picture of the actual emissions from
     the source.
13.  L'sc of separate opacity standards for each r,c.\: source cateonry and
     averaging the opacity observations makes cnforcene.nt of opacity
     standards a nightmare.  This approach should be. dropped because
     this long chain of determination and averaging is far more then  v
     can be expected from enforcement personnel"  AC-5(A); AC-29(A)

     Response:  Use of separate opacity standard? for each nsv source
     category is necessary in order to i;:surc the establishnert of
     opacity levels which are reasonable indicators of nropor o^crt-
     tion and maintenance of the control system.  Adoption of a'single

-------
                                  54


     opacity standard for all nev.1 sources would not accomplish this
     purpose and could be unjustifiably restrictive for so™? sources.
     Opacity standards should reflect the degree of erissicn reduction,
     not establish unrealistic goals.  The calculation of six-minute
     average values and knov/ledge of applicable standards should not
     unduly tax the capabilities of enforcement personnel.


14.  The-average opacity approach does net have any court precedence
     establishing the legitimacy of its use.  These revisions cast
     doubt on the legality of existing opacity standards and existing
     procedures used bv State and local air pollution control agencies.
     AC-39(A)

     Response:   EPA's use of opacity standards of performance was- affirmed
     by the U.  S.  District Court of Appeals  for the District of Columbia
     on May 22, 1975, Portland Cement Association v.  Ruckelshaus. 513 F.2d
     506>  Civ.  72-1073"!   These revisions  to  Method 9  do not'invalidate exist-
     ing procedures used by State and local  air pollution control agencies
     since different methods for measuring the same parameter can coexist
     legally.   For example, existing State procedures for measurement
     of particulate matter emissions from stationary  sources continue
     to be legally valid despite .the fact that some State procedures
     differ significantly from EPA's method  for measuring particulate
     matter.


15.  The November 12, 1974, Federal  Register revisions  to Method 9 will
     have  an adverse effect on State agencies' regulations and enforce-
     ment  activities.  Owners and operators  of stationary sources may
     attempt to pressure the agencies into relaxing the standards.
     AC-4(B)

     Response:   These revisions to Method 9  were determined necessary
     and appropriate to assure obtaining readings with an acceptable
     and known  error tolerance for determining compliance with standards
     of performance for new stationary sources.  Changes to Method 9
     should not have an adverse effect upon  State regulations and enforce-
     ment  procedures if Method 9 was not the procedure used bv the State
     for determining compliance.  Existing State opacity procedures and
     regulations should continue to be legally valid just as existing
     regulations on NOX, sulfur oxides, and  particulate matter emissions
     remained legally valid after EPA established different test proce-
     dures than those used by most State agencies.  The legal validity
     of any given test procedure depends on  the regulatory intent (and
     penalties) of the standards which the procedure  enforces, the
     appropriateness of the test procedure for determining compliance with
     the applicable standard, the error associated with the test procedure,

-------
                                  55
     and the agency's consideration of that error in determining
     possible violations.   Whether or not the revisions to Method
     9 will  have an adverse effect on some State procedures is  de-
     pendent upon a complete review of the above factors.   Such a
     review  must be conducted on a case-by-case basis.

     If a State air pollution control agency adopts the provisions of
     revised Method 9, there would be no>reason to relax the applicable
     opacity standards and in some cases the agency may wish to revise
     some opacity standards downward.  In order to maintain opacity
     standards and test procedures on a consistent basis,  State agencies
     that do not revise their opacity method should not revise the appli-
     cable dpacity standards due to Method 9 changes.  The possibility of
     source owners or operators pressuring for relaxation of any applicable
     standard always exists and should be handled in a realistic manner.


16.   The revised Method 9  places restrictions on the use of some opacity
     data without improving the quality of documentation.   Existing pro-
     cedures in Region VIII (and probably other regions) already require
     documentation far in  excess of that required by the revised method.
     AC-4(B)

     Response:  The revisions of Method 9 improve the quality of the
     documentation as well as clarifying certain provisions and assur-
     ing minimum error tolerance to the data.  Method 9 now requires
     that observations be  supported by adequate documentation of the
     observer's position relative to the sun and plume, the emission
     source  and facility and an adequate record of environ-
     mental  conditions.  Such record keeping requirements  are necessarv
     for valid use of the  observations in any enforcement proceedings.

     The minimum observation period of six minutes may be less  than
     called for by existing procedures of many regions; however, it
     should be recognized  that Method 9 does not place any restrictions
     on observation periods in excess of six minutes providing all data
     are reduced as six-minute averages.  In addition, EPA enforcement
     guidelines suggest that while observation for six minutes  is adequate,
     observation for longer periods of time  (e.g. 30 or 60 minutes) is
     preferable forest sources.


17.  Without meaningful documentation, there is no supportable evidence which
     can be used to verify the reported results and conclusions.  PC-49(F)

-------
                                56
       Response:  Method 9 requires the observer to make detailed
       records on the emission source, observation point locations,
       meteorological conditions, background and plume description.
       Such detailed information can be used to verify the conformance
       of the observer with Method 9 criteria and to calculate the
       errors associated with any deviations from the specified criteria.
       These records do provide meaningful  documentation and are adequate
       for enforcement purposes.
18.    Method 9's subjectivity is further increased by requiring the
       observer to calculate the opacity to the stack exit should
       meteorological  conditions prevent observing the plume at the
       stack exit.  AC-49(F)

       Response:   Paragraph 2.3.1 was added to Method 9 to clarify
       that for reading attached steam plumes the observer is to
       record the readings made at a point in the plume where all
       visible water vapor has evaporated and 9nly particulate matter
       remains in the  plume.  The observer is in no case allowed or in-
       structed to extrapolate the readings back to any hypothetical
       value at the lip of the stack.  Method 9 has never instructed
       observers  to extrapolate the readings on steam plumes back to
       the stack  exit.  Readings of attached steam plumes at the point
       of dissipation  allows the operator of a wet process the benefits
       of dilution of  the plume prior to evaluation of the emissions.
       This procedure  does not unjustly cite the owner or operator
       for violations  of the applicable opacity standard.
19.     Because of the errors associated with reading opacity against a
       contrasting background, the owner or operator may be falsely
       cited for violation of an applicable opacity standard.  AC-55(E)

       Response:  The probability of an owner or operator being falsely
       cited for violation of an applicable opacity standard is low
       because the average positive error of the method must be considered
       when determining possible violations of the standard.

-------