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(continued)
(b) An application under §61.07 does not need to be filed for any new construction of or modification within an existing facility if one of the following conditions is met:
(1) The effective dose equivalent calculated by using methods described in §61.103, that is caused by all emissions from the facility including those potentially emitted by the proposed new construction or modification, is less than 10% of the standard prescribed in §61.102.
(2) The effective dose equivalent calculated by using methods described in §61.103, that is caused by all emissions from the new construction or modification, is less than 1% of the limit prescribed in §61.102. A facility is eligible for this exemption only if the facility, based on its last annual report, is in compliance with this subpart.
§ 61.107 Emission determination.
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(a) Facility owners or operators may, in lieu of monitoring, estimate radionuclide emissions in accordance with appendix D, or other procedure for which EPA has granted prior approval.
(b) Radionuclide emission rates from existing point sources (stacks or vents) shall be measured in accordance with the following requirements or within the requirements of paragraph (d) of this section, or other procedures for which EPA has granted prior approval:
(1) Effluent flow rate measurements shall be made using the following methods:
(i) Reference Method 2 of appendix A to part 60 of this chapter shall be used to determine velocity and volumetric flow rates for stacks and large vents.
(ii) Reference Method 2A of appendix A to part 60 of this chapter shall be used to measure flow rates through pipes and small vents.
(iii) The frequency of the flow rate measurements shall depend upon the variability of the effluent flow rate. For variable flow rates, continuous or frequent flow rate measurements shall be made. For relatively constant flow rates only periodic measurements are necessary.
(2) Radionuclides shall be directly monitored or extracted, collected, and measured using the following methods:
(i) Reference Method 1 of appendix A part 60 of this chapter shall be used to select monitoring or sampling sites.
(ii) The effluent stream shall be directly monitored continuously using an in-line detector or representative samples of the effluent stream shall be withdrawn continuously from the sampling site following the guidance presented in ANSIN13.1–1969 “Guide to Sampling Airborne Radioactive Materials in Nuclear Facilities” (including the guidance presented in appendix A of ANSIN13.1) (incorporated by reference—see §61.18). The requirements for continuous sampling are applicable to batch processes when the unit is in operation. Periodic sampling (grab samples) may be used only with EPA's prior approval. Such approval may be granted in cases where continuous sampling is not practical and radionuclide emission rates are relatively constant. In such cases, grab samples shall be collected with sufficient frequency so as to provide a representative sample of the emissions.
(iii) Radionuclides shall be collected and measured using procedures based on the principles of measurement described in appendix B, Method 114. Use of methods based on principles of measurement different from those described in appendix B, Method 114 must have prior approval from the Administrator. EPA reserves the right to approve alternative measurement procedures in whole or in part.
(iv) A quality assurance program shall be conducted that meets the performance requirements described in appendix B, Method 114.
(3) When it is impractical to measure the effluent flow rate at an existing source in accordance with the requirements of paragraph (b)(1) of this section or to monitor or sample an effluent stream at an existing source in accordance with the site selection and sample extraction requirements of paragraph (b)(2) of this section, the facility owner or operator may use alternative effluent flow rate measurement procedures or site selection and sample extraction procedures provided that:
(i) It can be shown that the requirements of paragraphs (b) (1) and (2) of this section are impractical for the effluent stream.
(ii) The alternative procedure will not significantly underestimate the emissions.
(iii) The alternative procedure is fully documented.
(iv) The owner or operator has received prior approval from EPA.
(4)(i) Radionuclide emission measurements in conformance with the requirements of paragraph (b) of this section shall be made at all release points which have a potential to discharge radionuclides into the air in quantities which could cause an effective dose equivalent in excess of 1% of the standard. All radionuclides which could contribute greater than 10% of the potential effective dose equivalent for a release point shall be measured. For other release points which have a potential to release radionuclides into the air, periodic confirmatory measurements should be made to verify the low emissions.
(ii) To determine whether a release point is subject to the emission measurement requirements of paragraph (b) of this section, it is necessary to evaluate the potential for radionuclide emissions for that release point. In evaluating the potential of a release point to discharge radionuclides into the air, the estimated radionuclide release rates shall be based on the discharge of the uncontrolled effluent stream into the air.
(5) Environmental measurements of radionuclide air concentrations at critical receptor locations may be used as an alternative to air dispersion calculations in demonstrating compliance with the standards if the owner or operator meets the following criteria:
(i) The air at the point of measurement shall be continuously sampled for collection of radionuclides.
(ii) Those radionuclides released from the facility, which are the major contributors to the effective dose equivalent must be collected and measured as part of the environmental measurements program.
(iii) Radionuclide concentrations which would cause an effective dose equivalent greater than or equal to 10% of the standard shall be readily detectable and distinguishable from background.
(iv) Net measured radionuclide concentrations shall be compared to the concentration levels in Table 2 of appendix E to determine compliance with the standard. In the case of multiple radionuclides being released from a facility, compliance shall be demonstrated if the value for all radionuclides is less than the concentration level in Table 2 and the sum of the fractions that result when each measured concentration value is divided by the value in Table 2 for each radionuclide is less than 1.
(v) A quality assurance program shall be conducted that meets the performance requirements described in appendix B, Method 114.
(vi) Use of environmental measurements to demonstrate compliance with the standard is subject to prior approval of EPA. Applications for approval shall include a detailed description of the sampling and analytical methodology and show how the above criteria will be met.
(c) The following facilities may use either the methodologies and quality assurance programs described in paragraph (b) of this section or may use the following:
(1) [Reserved]
(2) Uranium mills may determine their emissions in conformance with the Nuclear Regulatory Commission's Regulatory Guide 4.14 dated April 1980. In addition, they may conduct a quality assurance program as described in the Nuclear Regulatory Commission's Regulatory Guide 4.15 dated February 1979.
(d) Radionuclide emission rates from new point sources (stacks or vents) as defined in subpart A shall be measured in accordance with the following requirements, or other procedures for which EPA has granted prior approval:
(1) Effluent flow rate measurements shall be made using the following methods:
(i) ANSI/HPS N13.1–1999 “Sampling and Monitoring Releases of Airborne Radioactive Substances from the Stacks and Ducts of Nuclear Facilities” (incorporated by reference—see §61.18) shall be used to determine velocity and volumetric flow rates for stacks and large vents.
(ii) ANSI/HPS N13.1–1999 shall be used to measure flow rates through pipes and small vents.
(iii) The frequency of the flow rate measurements shall depend upon variability of the effluent flow rate. For variable flow rates, continuous or frequent flow rate measurements shall be made. For relatively constant flow rates only periodic measurements are necessary.
(2) Radionuclide shall be directly monitored or extracted, collected and measured using the following methods:
(i) ANSI/HPS N13.1–1999 shall be used to select monitoring or sampling sites.
(ii) The effluent stream shall be directly monitored continuously with an in-line detector or representative samples of the effluent stream shall be withdrawn continuously from the sampling site following the guidance presented in ANSI/HPS N13.1–1999. The requirements for continuous sampling are applicable to batch processes when the unit is in operation. Periodic sampling (grab samples) may be used only with EPA's prior approval. Such approval may be granted in cases where continuous sampling is not practical and radionuclide emission rates are relatively constant. In such cases, grab samples shall be collected with sufficient frequency so as to provide a representative sample of the emissions.
(iii) Radionuclides shall be collected and measured using procedures based on the principles of measurement described in appendix B, Method 114 of this part. Use of methods based on principles of measurement different from those described in appendix B, Method 114 of this part must have prior approval from the Administrator. EPA reserves the right to approve measurement procedures.
(iv) A quality assurance program shall be conducted that meets the performance requirements described in ANSI/HPS N13.1–1999.
(e) When it is impractical to measure the effluent flow rate at a source in accordance with the requirements of paragraph (b)(1) or (d) of this section or to monitor or sample an effluent stream at a source in accordance with the site selection and sample extraction requirements of paragraph (b)(2) or (d) of this section, the facility owner or operator may use alternative effluent flow rate measurement procedures or site selection and sample extraction procedures provided that:
(1) It can be shown that the requirements of paragraph (b)(1) or (2) or (d) of this section are impractical for the effluent stream.
(2) The alternative procedure will not significantly underestimate the emissions.
(3) The alternative procedure is fully documented.
(4) The owner or operator has received prior approval from EPA.
(f) Radionuclide emission measurements in conformance with the requirements of paragraph (b) or (d) of this section shall be made at all release points that have a potential to discharge radionuclides into the air in quantities that could cause an effective dose equivalent in excess of 1% of the standard. All radionuclides that could contribute greater than 10% of the potential effective dose equivalent for a release point shall be measured. With prior EPA approval, DOE may determine these emissions through alternative procedures. For other release points that have a potential to release radionuclides into the air, periodic confirmatory measurements shall be made to verify the low emissions.
(g) To determine whether a release point is subject to the emission measurement requirements of paragraph (b) or (d) of this section, it is necessary to evaluate the potential for radionuclide emissions for that release point. In evaluating the potential of a release point to discharge radionuclides into the air for the purposes of this section, the estimated radionuclide release rates shall be based on the discharge of the effluent stream that would result if all pollution control equipment did not exist, but the facilities operations were otherwise normal.
(h) Environmental measurements of radionuclide air concentrations at critical receptor locations may be used as an alternative to air dispersion calculations in demonstrating compliance with the standard if the owner or operator meets the following criteria:
(1) The air at the point of measurement shall be continuously sampled for collection of radionuclides.
(2) Those radionuclides released from the facility that are the major contributors to the effective dose equivalent must be collected and measured as part of the environmental measurement program.
(3) Radionuclide concentrations that would cause an effective dose equivalent of 10% of the standard shall be readily detectable and distinguishable from background.
(4) Net measured radionuclide concentrations shall be compared to the concentration levels in Table 2 of appendix E of this part to determine compliance with the standard. In the case of multiple radionuclides being released from a facility, compliance shall be demonstrated if the value for all radionuclides is less than the concentration level in Table 2 of appendix E of this part, and the sum of the fractions that result when each measured concentration value is divided by the value in Table 2 of appendix E of this part for each radionuclide is less than 1.
(5) A quality assurance program shall be conducted that meets the performance requirements described in appendix B, Method 114 of this part.
(6) Use of environmental measurements to demonstrate compliance with the standard is subject to prior approval of EPA. Applications for approval shall include a detailed description of the sampling and analytical methodology and show how the above criteria will be met.
[54 FR 51697, Dec. 15, 1989, as amended at 61 FR 46212, Sept. 5, 1995; 61 FR 68981, Dec. 30, 1996; 65 FR 62156, Oct. 17, 2000; 67 FR 57167, Sept. 9, 2002]
§ 61.108 Exemption from the reporting and testing requirements of 40 CFR 61.10.
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All facilities designated under this subpart are exempt from the reporting requirements of 40 CFR 61.10.
Subpart J—National Emission Standard for Equipment Leaks (Fugitive Emission Sources) of Benzene
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Source: 49 FR 23513, June 6, 1984, unless otherwise noted.
§ 61.110 Applicability and designation of sources.
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(a) The provisions of this subpart apply to each of the following sources that are intended to operate in benzene service: pumps, compressors, pressure relief devices, sampling connection systems, open-ended valves or lines, valves, connectors, surge control vessels, bottoms receivers, and control devices or systems required by this subpart.
(b) The provisions of this subpart do not apply to sources located in coke by-product plants.
(c)(1) If an owner or operator applies for one of the exemptions in this paragraph, then the owner or operator shall maintain records as required in §61.246(i).
(2) Any equipment in benzene service that is located at a plant site designed to produce or use less than 1,000 megagrams (1,102 tons) of benzene per year is exempt from the requirements of §61.112.
(3) Any process unit (defined in §61.241) that has no equipment in benzene service is exempt from the requirements of §61.112.
(d) While the provisions of this subpart are effective, a source to which this subpart applies that is also subject to the provisions of 40 CFR part 60 only will be required to comply with the provisions of this subpart.
[49 FR 23513, June 6, 1984, as amended at 65 FR 62156, Oct. 17, 2000; 65 FR 78280, Dec. 14, 2000]
§ 61.111 Definitions.
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As used in this subpart, all terms not defined herein shall have the meaning given them in the Act, in subpart A of part 61, or in subpart V of part 61, and the following terms shall have the specific meanings given them:
In benzene service means that a piece of equipment either contains or contacts a fluid (Liquid or gas) that is at least 10 percent benzene by weight as determined according to the provisions of §61.245(d). The provisions of §61.245(d) also specify how to determine that a piece of equipment is not in benzene service.
Semiannual means a 6-month period; the first semiannual period concludes on the last day of the last month during the 180 days following initial startup for new sources; and the first semiannual period concludes on the last day of the last full month during the 180 days after June 6, 1984 for existing sources.
§ 61.112 Standards.
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(a) Each owner or operator subject to the provisions of this subpart shall comply with the requirements of subpart V of this part.
(b) An owner or operator may elect to comply with the requirements of §§61.243–1 and 61.243–2.
(c) An owner or operator may apply to the Administrator for a determination of an alternative means of emission limitation that achieves a reduction in emissions of benzene at least equivalent to the reduction in emissions of benzene achieved by the controls required in this subpart. In doing so, the owner or operator shall comply with requirements of §61.244.
Subpart K—National Emission Standards for Radionuclide Emissions From Elemental Phosphorus Plants
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Source: 54 FR 51699, Dec. 15, 1989, unless otherwise noted.
§ 61.120 Applicability.
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The provisions of this subpart are applicable to owners or operators of calciners and nodulizing kilns at elemental phosphorus plants.
§ 61.121 Definitions.
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(a) Elemental phosphorus plant or plant means any facility that processes phosphate rock to produce elemental phosphorus. A plant includes all buildings, structures, operations, calciners and nodulizing kilns on one contiguous site.
(b) Calciner or Nodulizing kiln means a unit in which phosphate rock is heated to high temperatures to remove organic material and/or to convert it to a nodular form. For the purpose of this subpart, calciners and nodulizing kilns are considered to be similar units.
§ 61.122 Emission standard.
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Emissions of polonium-210 to the ambient air from all calciners and nodulizing kilns at an elemental phosphorus plant shall not exceed a total of 2 curies a year; except that compliance with this standard may be conclusively shown if the elemental phosphorus plant:
(a) Installs a Hydro-Sonic® Tandem Nozzle Fixed Throat Free-Jet Scrubber System including four scrubber units,
(b) All four scrubber units are operated continuously with a minimum average over any 6-hour period of 40 inches (water column) of pressure drop across each scrubber during calcining of phosphate shale,
(c) The system is used to scrub emissions from all calciners and/or nodulizing kilns at the plant, and
(d) Total emissions of polonium-210 from the plant do not exceed 4.5 curies per year.
Alternative operating conditions, which can be shown to achieve an overall removal efficiency for emissions of polonium-210 which is equal to or greater than the efficiency which would be achieved under the operating conditions described in paragraphs (a), (b), and (c) of this section, may be used with prior approval of the Administrator. A facility shall apply for such approval in writing, and the Administrator shall act upon the request within 30 days after receipt of a complete and technically sufficient application.
[56 FR 65943, Dec. 19, 1991]
§ 61.123 Emission testing.
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(a) Each owner or operator of an elemental phosphorus plant shall test emissions from the plant within 90 days of the effective date of this standard and annually thereafter. The Administrator may temporarily or permanently waive the annual testing requirement or increase the frequency of testing, if the Administrator determines that more testing is required.
(b) The Administrator shall be notified at least 30 days prior to an emission test so that EPA may, at its option, observe the test.
(c) An emission test shall be conducted at each operational calciner or nodulizing kiln. If emissions from a calciner or nodulizing kiln are discharged through more than one stack, then an emission test shall be conducted at each stack and the total emission rate from the calciner or kiln shall be the sum of the emission rates from each of the stacks.
(d) Each emission test shall consist of three sampling runs that meet the requirements of §61.125. The phosphate rock processing rate during each run shall be recorded. An emission rate in curies per Mg or curies per ton of phosphate rock processed shall be calculated for each run. The average of all three runs shall apply in computing the emission rate for the test. The annual polonium-210 emission rate from a calciner or nodulizing kiln shall be determined by multiplying the measured polonium-210 emission rate in curies per Mg or curies per ton of phosphate rock processed by the annual phosphate rock processing rate in Mg (tons). In determining the annual phosphate rock processing rate, the values used for operating hours and operating capacity shall be values that will maximize the expected processing rate. For determining compliance with the emission standard of §61.122, the total annual emission rate is the sum of the annual emission rates for all operating calciners and nodulizing kilns.
(e) If the owner or operator changes his operation in such a way as to increase his emissions of polonium-210, such as changing the type of rock processed, the temperature of the calciners or kilns, or increasing the annual phosphate rock processing rate, then a new emission test, meeting the requirements of this section, shall be conducted within 45 days under these conditions.
(f) Each owner or operator of an elemental phosphorus plant shall furnish the Administrator with a written report of the results of the emission test within 60 days of conducting the test. The report must provide the following information:
(1) The name and location of the facility.
(2) The name of the person responsible for the operation of the facility and the name of the person preparing the report (if different).
(3) A description of the effluent controls that are used on each stack, vent, or other release point and an estimate of the efficiency of each device.
(4) The results of the testing, including the results of each sampling run completed.
(5) The values used in calculating the emissions and the source of these data.
(6) Each report shall be signed and dated by a corporate officer in charge of the facility and contain the following declaration immediately above the signature line: “I certify under penalty of law that I have personally examined and am familiar with the information submitted herein and based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate and complete. I am aware that there are significant penalties for submitting false information including the possibility of fine and imprisonment. See, 18 U.S.C. 1001.”
[54 FR 51699, Dec. 15, 1989, as amended at 65 FR 62156, Oct. 17, 2000]
§ 61.124 Recordkeeping requirements.
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The owner or operator of any plant must maintain records documenting the source of input parameters including the results of all measurements upon which they are based, the calculations and/or analytical methods used to derive values for input parameters, and the procedure used in emission testing. This documentation should be sufficient to allow an independent auditor to verify the accuracy of the results of the emission testing. These records must be kept at the site of the plant for at least five years and, upon request, be made available for inspection by the Administrator, or his authorized representative.
§ 61.125 Test methods and procedures.
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(a) Each owner or operator of a source required to test emissions under §61.123, unless an equivalent or alternate method has been approved by the Administrator, shall use the following test methods:
(1) Method 1 of appendix A to 40 CFR part 60 shall be used to determine sample and velocity traverses;
(2) Method 2 of appendix A to 40 CFR part 60 shall be used to determine velocity and volumetric flow rate;
(3) Method 3 of appendix A to 40 CFR part 60 shall be used for gas analysis;
(4) Method 5 of appendix A to 40 CFR part 60 shall be used to collect particulate matter containing the polonium-210; and
(5) Method 111 of appendix B to 40 CFR part 61 shall be used to determine the polonium-210 emissions.
[54 FR 51699, Dec. 15, 1989, as amended at 65 FR 62156, Oct. 17, 2000]
§ 61.126 Monitoring of operations.
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(a) The owner or operator of any source subject to this subpart using a wet-scrubbing emission control device shall install, calibrate, maintain, and operate a monitoring device for the continuous measurement and recording of the pressure drop of the gas stream across each scrubber. The monitoring device must be certified by the manufacturer to be accurate within ±250 pascal (±1 inch of water). The owner or operator of any source subject to this subpart using a wet-scrubbing emission control device shall also install, calibrate, maintain, and operate a monitoring device for the continuous measurement and recording of the scrubber fluid flow rate. These continuous measurement recordings shall be maintained at the source and made available for inspection by the Administrator, or his authorized representative, for a minimum of 5 years.
(b) The owner or operator of any source subject to this subpart using an electrostatic precipitator control device shall install, calibrate, maintain, and operate a monitoring device for the continuous measurement and recording of the primary and secondary current and the voltage in each electric field. These continuous measurement recordings shall be maintained at the source and made available for inspection by the Administrator, or his authorized representative, for a minimum of 5 years.
[56 FR 65943, Dec. 19, 1991]
§ 61.127 Exemption from the reporting and testing requirements of 40 CFR 61.10.
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All facilities designated under this subpart are exempt from the reporting requirements of 40 CFR 61.10.
Subpart L—National Emission Standard for Benzene Emissions from Coke By-Product Recovery Plants
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Source: 54 FR 38073, Sept. 14, 1989, unless otherwise noted.
§ 61.130 Applicability, designation of sources, and delegation of authority.
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(a) The provisions of this subpart apply to each of the following sources at furnace and foundry coke by-product recovery plants: tar decanters, tar storage tanks, tar-intercepting sumps, flushing-liquor circulation tanks, light-oil sumps, light-oil condensers, light-oil decanters, wash-oil decanters, wash-oil circulation tanks, naphthalene processing, final coolers, final-cooler cooling towers, and the following equipment that are intended to operate in benzene service: pumps, valves, exhausters, pressure relief devices, sampling connection systems, open-ended valves or lines, flanges or other connectors, and control devices or systems required by §61.135.
(b) The provisions of this subpart also apply to benzene storage tanks, BTX storage tanks, light-oil storage tanks, and excess ammonia-liquor storage tanks at furnace coke by-product recovery plants.
(c) In delegating implementation and enforcement authority to a State under section 112 of the Act, the authorities contained in paragraph (d) of this section shall be retained by the Administrator and not transferred to a State.
(d) Authorities that will not be delegated to States: §61.136(d).
[54 FR 51699, Dec. 15, 1989, as amended at 56 FR 47406, Sept. 19, 1991]
§ 61.131 Definitions.
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As used in this subpart, all terms not defined herein shall have the meaning given them in the Act, in subpart A of part 61, and in subpart V of part 61. The following terms shall have the specific meanings given them:
Annual coke production means the coke produced in the batteries connected to the coke by-product recovery plant over a 12-month period. The first 12-month period concludes on the first December 31 that comes at least 12 months after the effective date or after the date of initial startup if initial startup is after the effective date.
Benzene storage tank means any tank, reservoir, or container used to collect or store refined benzene.
BTX storage tank means any tank, reservoir, or container used to collect or store benzene-toluene-xylene or other light-oil fractions.
Car seal means a seal that is placed on the device used to change the position of a valve (e.g., from open to closed) such that the position of the valve cannot be changed without breaking the seal and requiring the replacement of the old seal, once broken, with a new seal.
Coke by-product recovery plant means any plant designed and operated for the separation and recovery of coal tar derivatives (by-products) evolved from coal during the coking process of a coke oven battery.
Equipment means each pump, valve, exhauster, pressure relief device, sampling connection system, open-ended valve or line, and flange or other connector in benzene service.
Excess ammonia-liquor storage tank means any tank, reservoir, or container used to collect or store a flushing liquor solution prior to ammonia or phenol recovery.
Exhauster means a fan located between the inlet gas flange and outlet gas flange of the coke oven gas line that provides motive power for coke oven gases.
Foundry coke means coke that is produced from raw materials with less than 26 percent volatile material by weight and that is subject to a coking period of 24 hours or more. Percent volatile material of the raw materials (by weight) is the weighted average percent volatile material of all raw materials (by weight) charged to the coke oven per coking cycle.
Foundry coke by-product recovery plant means a coke by-product recovery plant connected to coke batteries whose annual coke production is at least 75 percent foundry coke.
Flushing-liquor circulation tank means any vessel that functions to store or contain flushing liquor that is separated from the tar in the tar decanter and is recirculated as the cooled liquor to the gas collection system.
Furnace coke means coke produced in by-product ovens that is not foundry coke.
Furnace coke by-product recovery plant means a coke by-product recovery plant that is not a foundry coke by-product recovery plant.
In benzene service means a piece of equipment, other than an exhauster, that either contains or contacts a fluid (liquid or gas) that is at least 10 percent benzene by weight or any exhauster that either contains or contacts a fluid (liquid or gas) at least 1 percent benzene by weight as determined by the provisions of §61.137(b). The provisions of §61.137(b) also specify how to determine that a piece of equipment is not in benzene service.
Light-oil condenser means any unit in the light-oil recovery operation that functions to condense benzene-containing vapors.
Light-oil decanter means any vessel, tank, or other type of device in the light-oil recovery operation that functions to separate light oil from water downstream of the light-oil condenser. A light-oil decanter also may be known as a light-oil separator.
Light-oil storage tank means any tank, reservoir, or container used to collect or store crude or refined light-oil.
Light-oil sump means any tank, pit, enclosure, or slop tank in light-oil recovery operations that functions as a wastewater separation device for hydrocarbon liquids on the surface of the water.
Naphthalene processing means any operations required to recover naphthalene including the separation, refining, and drying of crude or refined naphthalene.
Non-regenerative carbon adsorber means a series, over time, of non-regenerative carbon beds applied to a single source or group of sources, where non-regenerative carbon beds are carbon beds that are either never regenerated or are moved from their location for regeneration.
Process vessel means each tar decanter, flushing-liquor circulation tank, light-oil condenser, light-oil decanter, wash-oil decanter, or wash-oil circulation tank.
Regenerative carbon adsorber means a carbon adsorber applied to a single source or group of sources, in which the carbon beds are regenerated without being moved from their location.
Semiannual means a 6-month period; the first semiannual period concludes on the last day of the last full month during the 180 days following initial startup for new sources; the first semiannual period concludes on the last day of the last full month during the 180 days after the effective date of the regulation for existing sources.
Tar decanter means any vessel, tank, or container that functions to separate heavy tar and sludge from flushing liquor by means of gravity, heat, or chemical emulsion breakers. A tar decanter also may be known as a flushing-liquor decanter.
Tar storage tank means any vessel, tank, reservoir, or other type of container used to collect or store crude tar or tar-entrained naphthalene, except for tar products obtained by distillation, such as coal tar pitch, creosotes, or carbolic oil. This definition also includes any vessel, tank, reservoir, or container used to reduce the water content of the tar by means of heat, residence time, chemical emulsion breakers, or centrifugal separation. A tar storage tank also may be known as a tar-dewatering tank.
Tar-intercepting sump means any tank, pit, or enclosure that serves to receive or separate tars and aqueous condensate discharged from the primary cooler. A tar-intercepting sump also may be known as a primary-cooler decanter.
Vapor incinerator means any enclosed combustion device that is used for destroying organic compounds and does not necessarily extract energy in the form of steam or process heat.
Wash-oil circulation tank means any vessel that functions to hold the wash oil used in light-oil recovery operations or the wash oil used in the wash-oil final cooler.
Wash-oil decanter means any vessel that functions to separate, by gravity, the condensed water from the wash oil received from a wash-oil final cooler or from a light-oil scrubber.
[54 FR 38073, Sept. 14, 1989, as amended at 56 FR 47406, Sept. 19, 1991]
§ 61.132 Standard: Process vessels, storage tanks, and tar-intercepting sumps.
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(a)(1) Each owner or operator of a furnace or a foundry coke byproduct recovery plant shall enclose and seal all openings on each process vessel, tar storage tank, and tar-intercepting sump.
(2) The owner or operator shall duct gases from each process vessel, tar storage tank, and tar-intercepting sump to the gas collection system, gas distribution system, or other enclosed point in the by-product recovery process where the benzene in the gas will be recovered or destroyed. This control system shall be designed and operated for no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background and visual inspections, as determined by the methods specified in §61.245(c). This system can be designed as a closed, positive pressure, gas blanketing system.
(i) Except, the owner or operator may elect to install, operate, and maintain a pressure relief device, vacuum relief device, an access hatch, and a sampling port on each process vessel, tar storage tank, and tar-intercepting sump. Each access hatch and sampling port must be equipped with a gasket and a cover, seal, or lid that must be kept in a closed position at all times, unless in actual use.
(ii) The owner or operator may elect to leave open to the atmosphere the portion of the liquid surface in each tar decanter necessary to permit operation of a sludge conveyor. If the owner or operator elects to maintain an opening on part of the liquid surface of the tar decanter, the owner or operator shall install, operate, and maintain a water leg seal on the tar decanter roof near the sludge discharge chute to ensure enclosure of the major portion of liquid surface not necessary for the operation of the sludge conveyor.
(b) Following the installation of any control equipment used to meet the requirements of paragraph (a) of this section, the owner or operator shall monitor the connections and seals on each control system to determine if it is operating with no detectable emissions, using Method 21 (40 CFR part 60, appendix A) and procedures specified in §61.245(c), and shall visually inspect each source (including sealing materials) and the ductwork of the control system for evidence of visible defects such as gaps or tears. This monitoring and inspection shall be conducted on a semiannual basis and at any other time after the control system is repressurized with blanketing gas following removal of the cover or opening of the access hatch.
(1) If an instrument reading indicates an organic chemical concentration more than 500 ppm above a background concentration, as measured by Method 21, a leak is detected.
(2) If visible defects such as gaps in sealing materials are observed during a visual inspection, a leak is detected.
(3) When a leak is detected, it shall be repaired as soon as practicable, but not later than 15 calendar days after it is detected.
(4) A first attempt at repair of any leak or visible defect shall be made no later than 5 calendar days after each leak is detected.
(c) Following the installation of any control system used to meet the requirements of paragraph (a) of this section, the owner or operator shall conduct a maintenance inspection of the control system on an annual basis for evidence of system abnormalities, such as blocked or plugged lines, sticking valves, plugged condensate traps, and other maintenance defects that could result in abnormal system operation. The owner or operator shall make a first attempt at repair within 5 days, with repair within 15 days of detection.
(d) Each owner or operator of a furnace coke by-product recovery plant also shall comply with the requirements of paragraphs (a)–(c) of this section for each benzene storage tank, BTX storage tank, light-oil storage tank, and excess ammonia-liquor storage tank.
[54 FR 38073, Sept. 14, 1989, as amended at 65 FR 62157, Oct. 17, 2000]
§ 61.133 Standard: Light-oil sumps.
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(a) Each owner or operator of a light-oil sump shall enclose and seal the liquid surface in the sump to form a closed system to contain the emissions.
(1) Except, the owner or operator may elect to install, operate, and maintain a vent on the light-oil sump cover. Each vent pipe must be equipped with a water leg seal, a pressure relief device, or vacuum relief device.
(2) Except, the owner or operator may elect to install, operate, and maintain an access hatch on each light-oil sump cover. Each access hatch must be equipped with a gasket and a cover, seal, or lid that must be kept in a closed position at all times, unless in actual use.
(3) The light-oil sump cover may be removed for periodic maintenance but must be replaced (with seal) at completion of the maintenance operation.
(b) The venting of steam or other gases from the by-product process to the light-oil sump is not permitted.
(c) Following the installation of any control equipment used to meet the requirements of paragraph (a) of this section, the owner or operator shall monitor the connections and seals on each control system to determine if it is operating with no detectable emissions, using Method 21 (40 CFR part 60, appendix A) and the procedures specified in §61.245(c), and shall visually inspect each source (including sealing materials) for evidence of visible defects such as gaps or tears. This monitoring and inspection shall be conducted semiannually and at any other time the cover is removed.
(1) If an instrument reading indicates an organic chemical concentration more than 500 ppm above a background concentration, as measured by Method 21, a leak is detected.
(2) If visible defects such as gaps in sealing materials are observed during a visual inspection, a leak is detected.
(3) When a leak is detected, it shall be repaired as soon as practicable, but not later than 15 calendar days after it is detected.
(4) A first attempt at repair of any leak or visible defect shall be made no later than 5 calendar days after each leak is detected.
[54 FR 38073, Sept. 14, 1989, as amended at 65 FR 62157, Oct. 17, 2000]
§ 61.134 Standard: Naphthalene processing, final coolers, and final-cooler cooling towers.
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(a) No (“zero”) emissions are allowed from naphthalene processing, final coolers and final-cooler cooling towers at coke by-product recovery plants.
§ 61.135 Standard: Equipment leaks.
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(a) Each owner or operator of equipment in benzene service shall comply with the requirements of 40 CFR part 61, subpart V, except as provided in this section.
(b) The provisions of §61.242–3 and §61.242–9 of subpart V do not apply to this subpart.
(c) Each piece of equipment in benzene service to which this subpart applies shall be marked in such a manner that it can be distinguished readily from other pieces of equipment in benzene service.
(d) Each exhauster shall be monitored quarterly to detect leaks by the methods specified in §61.245(b) except as provided in §61.136(d) and paragraphs (e)–(g) of this section.
(1) If an instrument reading of 10,000 ppm or greater is measured, a leak is detected.
(2) When a leak is detected, it shall be repaired as soon as practicable, but no later than 15 calendar days after it is detected, except as provided in §61.242–10 (a) and (b). A first attempt at repair shall be made no later than 5 calendar days after each leak is detected.
(e) Each exhauster equipped with a seal system that includes a barrier fluid system and that prevents leakage of process fluids to the atmosphere is exempt from the requirements of paragraph (d) of this section provided the following requirements are met:
(1) Each exhauster seal system is:
(i) Operated with the barrier fluid at a pressure that is greater than the exhauster stuffing box pressure; or
(ii) Equipped with a barrier fluid system that is connected by a closed vent system to a control device that complies with the requirements of §61.242–11; or
(iii) Equipped with a system that purges the barrier fluid into a process stream with zero benzene emissions to the atmosphere.
(2) The barrier fluid is not in benzene service.
(3) Each barrier fluid system shall be equipped with a sensor that will detect failure of the seal system, barrier fluid system, or both.
(4)(i) Each sensor as described in paragraph (e)(3) of this section shall be checked daily or shall be equipped with an audible alarm.
(ii) The owner or operator shall determine, based on design considerations and operating experience, a criterion that indicates failure of the seal system, the barrier fluid system, or both.
(5) If the sensor indicates failure of the seal system, the barrier system, or both (based on the criterion determined under paragraph (e)(4)(ii) of this section), a leak is detected.
(6)(i) When a leak is detected, it shall be repaired as soon as practicable, but not later than 15 calendar days after it is detected, except as provided in §61.242–10.
(ii) A first attempt at repair shall be made no later than 5 calendar days after each leak is detected.
(f) An exhauster is exempt from the requirements of paragraph (d) of this section if it is equipped with a closed vent system capable of capturing and transporting any leakage from the seal or seals to a control device that complies with the requirements of §61.242–11 except as provided in paragraph (g) of this section.
(g) Any exhauster that is designated, as described in §61.246(e) for no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background, is exempt from the requirements of paragraph (d) of this section if the exhauster:
(1) Is demonstrated to be operating with no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background, as measured by the methods specified in §61.245(c); and
(2) Is tested for compliance with paragraph (g)(1) of this section initially upon designation, annually, and at other times requested by the Administrator.
(h) Any exhauster that is in vacuum service is excluded from the requirements of this subpart if it is identified as required in §61.246(e)(5).
§ 61.136 Compliance provisions and alternative means of emission limitation.
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(a) Each owner or operator subject to the provisions of this subpart shall demonstrate compliance with the requirements of §§61.132 through 61.135 for each new and existing source, except as provided under §§61.243–1 and 61.243–2.
(b) Compliance with this subpart shall be determined by a review of records, review of performance test results, inspections, or any combination thereof, using the methods and procedures specified in §61.137.
(c) On the first January 1 after the first year that a plant's annual coke production is less than 75 percent foundry coke, the coke by-product recovery plant becomes a furnace coke by-product recovery plant and shall comply with 61.132(d). Once a plant becomes a furnace coke by-product recovery plant, it will continue to be considered a furnace coke by-product recovery plant, regardless of the coke production in subsequent years.
(d)(1) An owner or operator may request permission to use an alternative means of emission limitation to meet the requirements in §§61.132, 61.133, and 61.135 of this subpart and §§61.242–2, –5, –6, –7, –8, and –11 of subpart V. Permission to use an alternative means of emission limitation shall be requested as specified in §61.12(d).
(2) When the Administrator evaluates requests for permission to use alternative means of emission limitation for sources subject to §§61.132 and 61.133 (except tar decanters) the Administrator shall compare test data for the means of emission limitation to a benzene control efficiency of 98 percent. For tar decanters, the Administrator shall compare test data for the means of emission limitation to a benzene control efficiency of 95 percent.
(3) For any requests for permission to use an alternative to the work practices required under §61.135, the provisions of §61.244(c) shall apply.
§ 61.137 Test methods and procedures.
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(a) Each owner or operator subject to the provisions of this subpart shall comply with the requirements in §61.245 of 40 CFR part 61, subpart V.
(b) To determine whether or not a piece of equipment is in benzene service, the methods in §61.245(d) shall be used, except that, for exhausters, the percent benzene shall be 1 percent by weight, rather than the 10 percent by weight described in §61.245(d).
§ 61.138 Recordkeeping and reporting requirements.
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(a) The following information pertaining to the design of control equipment installed to comply with §§61.132 through 61.134 shall be recorded and kept in a readily accessible location:
(1) Detailed schematics, design specifications, and piping and instrumentation diagrams.
(2) The dates and descriptions of any changes in the design specifications.
(b) The following information pertaining to sources subject to §61.132 and sources subject to §61.133 shall be recorded and maintained for 2 years following each semiannual (and other) inspection and each annual maintenance inspection:
(1) The date of the inspection and the name of the inspector.
(2) A brief description of each visible defect in the source or control equipment and the method and date of repair of the defect.
(3) The presence of a leak, as measured using the method described in §61.245(c). The record shall include the date of attempted and actual repair and method of repair of the leak.
(4) A brief description of any system abnormalities found during the annual maintenance inspection, the repairs made, the date of attempted repair, and the date of actual repair.
(c) Each owner or operator of a source subject to §61.135 shall comply with §61.246.
(d) For foundry coke by-product recovery plants, the annual coke production of both furnace and foundry coke shall be recorded and maintained for 2 years following each determination.
(e)(1) An owner or operator of any source to which this subpart applies shall submit a statement in writing notifying the Administrator that the requirements of this subpart and 40 CFR 61, subpart V, have been implemented.
(2) In the case of an existing source or a new source that has an initial startup date preceding the effective date, the statement is to be submitted within 90 days of the effective date, unless a waiver of compliance is granted under §61.11, along with the information required under §61.10. If a waiver of compliance is granted, the statement is to be submitted on a date scheduled by the Administrator.
(3) In the case of a new source that did not have an initial startup date preceding the effective date, the statement shall be submitted with the application for approval of construction, as described under §61.07.
(4) The statement is to contain the following information for each source:
(i) Type of source (e.g., a light-oil sump or pump).
(ii) For equipment in benzene service, equipment identification number and process unit identification: percent by weight benzene in the fluid at the equipment; and process fluid state in the equipment (gas/vapor or liquid).
(iii) Method of compliance with the standard (e.g., “gas blanketing,” “monthly leak detection and repair,” or “equipped with dual mechanical seals”). This includes whether the plant plans to be a furnace or foundry coke by-product recovery plant for the purposes of §61.132(d).
(f) A report shall be submitted to the Administrator semiannually starting 6 months after the initial reports required in §61.138(e) and §61.10, which includes the following information: (continued)