[Federal Register: March 3, 2008 (Volume 73, Number 42)]
[Notices]
[Page 11410-11418]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03mr08-55]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-8527-2]
Recent Posting to the Applicability Determination Index (ADI)
Database System of Agency Applicability Determinations, Alternative
Monitoring Decisions, and Regulatory Interpretations Pertaining to
Standards of Performance for New Stationary Sources, National Emission
Standards for Hazardous Air Pollutants, and the Stratospheric Ozone
Protection Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of availability.
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SUMMARY: This notice announces applicability determinations,
alternative monitoring decisions, and regulatory interpretations that
EPA has made under the New Source Performance Standards (NSPS); the
National Emission Standards for Hazardous Air Pollutants (NESHAP); and
the Stratospheric Ozone Protection Program.
FOR FURTHER INFORMATION CONTACT: An electronic copy of each complete
document posted on the Applicability Determination Index (ADI) database
system is available on the Internet through the Office of Enforcement
and Compliance Assurance (OECA) Web site at: http://www.epa.gov/
compliance/monitoring/programs/caa/adi.html. The document may be
located by control number, date, author, subpart, or subject search.
For questions about the ADI or this notice, contact Maria Malave at EPA
by phone at: (202) 564-7027, or by e-mail at: malave.maria@epa.gov. For
technical questions about the individual applicability determinations
or monitoring decisions, refer to the contact person identified in the
individual documents, or in the absence of a contact person, refer to
the author of the document.
SUPPLEMENTARY INFORMATION:
Background: The General Provisions to the NSPS in 40 CFR part 60
and the NESHAP in 40 CFR part 61 provide that a source owner or
operator may request a determination of whether certain intended
actions constitute the commencement of construction, reconstruction, or
modification. EPA's written responses to these inquiries are broadly
termed applicability determinations. See 40 CFR 60.5 and 61.06.
Although the part 63 NESHAP and section 111(d) of the Clean Air Act
regulations contain no specific regulatory provision providing that
sources may request applicability determinations, EPA does respond to
written inquiries regarding applicability for the part 63 and section
111(d) programs. The NSPS and NESHAP also allow sources to seek
permission to use monitoring or recordkeeping which is different from
the promulgated requirements. See 40 CFR 60.13(i), 61.14(g),
63.8(b)(1), 63.8(f), and 63.10(f). EPA's written responses to these
inquiries are broadly termed alternative monitoring decisions.
Furthermore, EPA responds to written inquiries about the broad range of
NSPS and NESHAP regulatory requirements as they pertain to a whole
source category. These inquiries may pertain, for example, to the type
of sources to which the regulation applies, or to the testing,
monitoring, recordkeeping or reporting requirements contained in the
regulation. EPA's written responses to these inquiries are broadly
termed regulatory interpretations.
EPA currently compiles EPA-issued NSPS and NESHAP applicability
determinations, alternative monitoring decisions, and regulatory
interpretations, and posts them on the Applicability Determination
Index (ADI) on a quarterly basis. In addition, the ADI contains EPA-
issued responses to requests pursuant to the stratospheric ozone
regulations, contained in 40 CFR part 82. The ADI is an electronic
index on the Internet with over one thousand EPA letters and memoranda
pertaining to the applicability, monitoring, recordkeeping, and
reporting requirements of the NSPS and NESHAP. The letters and
memoranda may be searched by control number, date, office of issuance,
subpart, citation, control number or by string word searches.
Today's notice comprises a summary of 51 such documents added to
the ADI on November 2, 2007. The subject, author, recipient, date and
header of each letter and memorandum are listed in this notice, as well
as a brief abstract of the letter or memorandum. Complete copies of
these documents may be obtained from the ADI through the OECA Web site
at: http://www.epa.gov/compliance/monitoring/programs/caa/adi.html.
Summary of Headers and Abstracts
The following table identifies the database control number for each
document posted on the ADI database system on November 2, 2007; the
applicable category; the subpart(s) of 40 CFR part 60, 61, or 63 (as
applicable) covered by the document; and the title of the document,
which provides a brief description of the subject matter.
We have also included an abstract of each document identified with
its control number after the table. These abstracts are provided solely
to alert the public to possible items of interest and are not intended
as substitutes for the full text of the documents. This notice does not
change the status of any document with respect to whether it is ``of
nationwide scope or effect'' for purposes of section 307(b)(1) of the
Clean Air Act. Neither does it purport to make any document that was
previously non-binding into a binding document.
ADI Determinations Uploaded on November 2, 2007
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Control No. Category Subpart(s) Title
----------------------------------------------------------------------------------------------------------------
A070001....................... Asbestos......... M................ Aluminum Sheds and Fruit Stands.
A070002....................... Asbestos......... M................ Residential Homes Demolished for Highway
Expansion.
A070003....................... Asbestos......... M................ 260 Linear Feet Regulatory Threshold.
A070004....................... Asbestos......... M................ Recycling Pipelines.
A070005....................... Asbestos......... M................ Asbestos-Containing Waste Material.
A070006....................... Asbestos......... M................ Rounding Reported Values.
M070001....................... MACT............. A, DDDDD......... Alternative Monitoring for Gaseous Fuel
Fired Sources.
M070002....................... MACT............. DDDDD............ Multi-Cyclone Collectors.
M070003....................... MACT............. RRR.............. Alternative Calibration for Thermocouple.
[[Page 11411]]
M070004....................... MACT............. RRR.............. Secondary Aluminum Production.
M070005....................... MACT............. DDDD, DDDDD...... Alternative Monitoring for CO.
M070006....................... MACT............. DDDD, DDDDD...... Integrated Heat Energy Systems.
M070007....................... MACT............. UUUU............. Alternative Monitoring for Biofilter
Effluent Conductivity.
M070008....................... MACT............. DDDDD............ Averaging Time and Performance Testing.
M070009....................... MACT............. DDDDD............ De Minimis Fuels and HBCA Operation.
M070010....................... MACT............. T................ Airless/Airtight Degreasers.
M070011....................... MACT............. HH............... Volatile Hazardous Air Pollutants Content
Determination.
M070012....................... MACT............. OOOO............. Solvent-Based Fabric Finishing.
M070013....................... MACT............. MMMM, QQQQ....... Coating Wooden Window Components.
M070014....................... MACT............. II............... Large Yacht Repainting and Repair.
M070015....................... MACT............. GG............... Aerospace Solvent Use.
Z070001....................... NESHAP........... M................ Debris Management and Disposal.
700001........................ NSPS............. NNN, RRR......... Testing, Monitoring and Recordkeeping for
VOC Emissions.
700002........................ NSPS............. VV............... By-Product Chemical Mixture.
700003........................ NSPS............. Db, Dc........... Wood Gasification Systems.
700004........................ NSPS............. UUU.............. Titanium Dioxide Spray Dryers.
700005........................ NSPS............. MM............... Performance Test Waiver Request.
700006........................ NSPS............. Appendix B....... RATA Extension and Alternative Monitoring.
700007........................ NSPS............. Appendix B....... RATA Extension and Alternative Monitoring.
700008........................ NSPS............. VV............... Alternative Monitoring for Leak Detection.
700009........................ NSPS............. NNN.............. Alternative Flow Monitoring.
700010........................ NSPS............. DD............... Applicability of NSPS Subpart DD to Malted
and Unmalted Processes.
700011........................ NSPS............. A, Db............ Delay of Continuous Opacity Monitoring
System.
700012........................ NSPS............. GG............... Initial Performance Test Waiver Request.
700013........................ NSPS............. GG............... Natural Gas Demonstration.
700014........................ NSPS............. Db............... Fuel Usage Monitoring Requirement.
700015........................ NSPS............. GG............... Custom Fuel Monitoring Schedule.
700016........................ NSPS............. Dc............... Change of Nozzle Tip to Accommodate
Residual Fuel.
700017........................ NSPS............. III.............. Notification of Exemption for Commercial
and Industrial Solid Waste Incinerators.
700018........................ NSPS............. Dc............... Alternative Fuel Monitoring.
700019........................ NSPS............. Db, Dc........... Idaho Supreme Potato Boilers.
700020........................ NSPS............. A, GG............ Custom Fuel Monitoring Schedule.
700021........................ NSPS............. A, GG............ Initial Performance Test Deadline
Extension Request.
700022........................ NSPS............. A, I............. Alternative Test Method for Performance
Evaluation.
700023........................ NSPS............. Dc............... Reduction in Fuel Use Recordkeeping.
700024........................ NSPS............. Ec............... Hospital/Medical/Infectious Waste
Incineration.
700025........................ NSPS............. Dc............... Reduction in Fuel Use Recordkeeping and
Alternative Fuel Monitoring.
700026........................ NSPS............. Dc............... Reduction in Fuel Use Recordkeeping.
700027........................ NSPS............. Dc............... Reduction in Fuel Use Recordkeeping.
700028........................ NSPS............. Dc............... Relocated Boiler.
700063........................ NSPS............. NNN, RRR......... Production of Biodiesel and Glycerin from
Soybean Oil and Methane.
----------------------------------------------------------------------------------------------------------------
Abstract for [A070001]:
Q: Could EPA clarify to the Florida Department of Transportation if
aluminum sheds and fruit stands are subject to the notification and
inspection requirements under the asbestos NESHAP, 40 CFR part 61,
subpart M?
A: EPA explains that prefabricated sheds and small structures that
do not have utilities (water, electricity, and sewer) do not meet the
definition of structures under the asbestos NESHAP regulations, and
thus are not subject to the rule. If a structure meets the definition
of structure in the asbestos NESHAP, which would include any structure
acquired by the DOT, it must be inspected as required by Sec.
61.145(a) of NESHAP subpart M.
Abstract for [A070002]:
Q: Could EPA clarify to the Air Pollution Control Program in
Jefferson City, Missouri whether single family residences are subject
to the Asbestos NESHAP, 40 CFR part 61, subpart M, if they are being
demolished as part of a highway expansion?
A: EPA explains that a group of residential buildings under the
control of the same owner or operator is considered an installation
according to the definition of ``installation,'' and thus is covered by
the asbestos NESHAP. As an example, several houses located on a highway
right-of-way that are all demolished as part of the same highway
project would be considered an ``installation,'' even when the houses
are not proximate to each other. In this example, the houses are under
the control of the same owner or operator, that is, the highway agency
responsible for the highway project.
Abstract for [A070003]:
Q: Could EPA clarify to the City of Newport News, Virginia, whether
the regulatory threshold of 260 linear feet applies to other materials,
other than pipes, such as caulking or roof flashing, under NESHAP, 40
CFR part 61, subpart M?
A: EPA explains that the regulatory threshold of 260 linear feet is
applicable only to pipes under 40 CFR part 61, subpart M. Other
materials, such as caulking or roof flashing, would be subject to the
160 square foot standard. It is acknowledged that using the square foot
requirement may reduce the chance of these materials triggering the
regulated threshold.
Abstract for [A070004]:
Q1: Are pipelines at the South West Pipe Services facility in Texas
subject to 40 CFR part 61, subpart M?
A1: Yes. EPA finds that the pipeline is considered a facility
component being renovated, and is subject to the asbestos NESHAP.
Q2: If the pipeline renovation, containing more than one percent
[[Page 11412]]
asbestos and more than 260 linear feet, is made friable (i.e.,
crumbled, pulverized, or reduced to powder) subjecting the project to
the regulations under 40 CFR part 61, subpart M, who is considered the
owner/operator?
A2: EPA finds that the owner/operator can be the owner of the
pipeline, the contractor removing the pipe from the ground, and the
company that purchases the pipe to recycle the steel pipe, based on the
definition of owner or operator in the Asbestos NESHAP. Therefore, all
entities involved in a pipeline renovation operation, which is subject
to the requirements of the asbestos NESHAP, would have to comply with
the asbestos NESHAP standards.
Q3: If the pipeline renovation is not subject to the regulations
under 40 CFR part 61, subpart M, and the pipe is sold to a third party,
which by its work practice causes the pipe to become friable, is the
pipe now regulated under the asbestos NESHAP?
A3: Yes. EPA finds that the asbestos-impregnated tar or asbestos
paper coating use on pipelines is considered Category II asbestos-
containing material. When it was removed as nonregulated, there is the
expectation the coating would remain nonfriable and disposed in an
approved landfill. Selling the pipe to a third party, who then causes
the coating to become friable, defeats the purpose of the rule. Once
the third party causes 260 linear feet of pipe coating to become
friable the job is now regulated and all applicable regulations apply
under the asbestos NESHAP.
Q4: Are there guidelines for recycling of old pipelines under 40
CFR part 61, subpart M?
A4: No. EPA explains that there are no guidelines for recycling.
However, the recycling operation may be subject to the asbestos NESHAP
regulations if it causes the pipeline to become friable.
Abstract for [A070005]:
Q1: Could EPA clarify to the Iowa Department of Natural Resources
at what point asbestos-containing material (ACM) becomes asbestos-
containing waste material (ACWM) subject to the provisions of under 40
CFR 61.150?
A1: EPA explains that ACM becomes ACWM once the asbestos-containing
material is removed from a facility component or, as part of a larger
facility component, a portion of the facility component is removed. The
asbestos-containing material must meet one of the three regulated
thresholds, i.e., the 260 linear feet threshold on pipes, the 160
square feet threshold on other facility components, or the 35 cubic
feet threshold where the length or area could not be measured
previously for the asbestos-containing material to become asbestos-
containing waste material, as specified under the asbestos NESHAP.
Q2: Does 40 CFR 61.150(a) provide a choice between the no visible
emission standard and a control or waste treatment method?
A2: Yes. EPA explains that the subject rule provision allows the
owner/operator the ability to choose between two compliance
alternatives, i.e., the ``no visible emission'' standard or the control
or waste treatment methods specified in 40 CFR 61.150(a).
Abstract for [A070006]:
Q: Could EPA clarify to the Saint Louis County Health Department in
Missouri how best to interpret the following phrase in 40 CFR part 63,
subpart E: ``the value reported should be rounded to the nearest
percent'', in connection with point counting results to determine the
percentage of asbestos as between 1.0 percent and 1.5 percent and
defining Category I and Category II nonfriable asbestos-containing
material (ACM)?
A: EPA explains that when a bulk sample is analyzed using Polarized
Light Microscopy, and further quantified using the point counting
method/formula in 40 CFR part 763, Subpart E, Appendix E, Section
1.7.2.4, sample results are allowed to be rounded to the nearest
percent. EPA interprets the rounding of results using the formula in
Section 1.7.2.4 as, if the sample result yields a=4, ``a'' being the
number of asbestos counts, the result is 1 percent, which does not meet
the regulatory threshold of greater than 1 percent. If the sample
result yields a=5, the result is 1.25 percent asbestos, which may be
rounded down to 1 percent, which is not greater than 1 percent and
therefore not regulated. If the sample result yields a=6, the result is
1.5 percent asbestos, which would be rounded to 2 percent and therefore
regulated.
Abstract for [M070001]:
Q1: Could EPA clarify to the International Paper Company whether
the health-based compliance alternative (HBCA) includes the testing of
natural gas fired sources under 40 CFR part 63, subpart DDDDD?
A1: EPA does not expect natural gas fired sources to emit regulated
pollutants under Subpart DDDDD, and thus does not require that they be
included in the HBCA.
Q2: May a source request the use of an alternative monitoring under
the health-based compliance alternative (HBCA) under 40 CFR part 63,
subpart DDDDD?
A2: Yes. EPA explains that a source may request alternative
monitoring as allowed in the general provisions, under 40 CFR part 63,
subpart A.
Abstract for [M070002]:
Q: Could EPA clarify to the American Forest and Paper Association
whether multi-cyclone collectors on wood-fired boilers are considered
``inherent process equipment'' as defined in the Compliance Assurance
Monitoring (CAM) rule, and thus not subject to 40 CFR part 63, subpart
DDDDD as a ``control device''?
A: EPA cannot conclude categorically that multi-cyclones always
qualify as ``inherent process equipment'' as defined in the CAM Rule in
40 CFR 64.1. However, there may be site-specific cases in which a
multi-cyclone may serve as ``inherent process equipment'' rather than
as a ``control device.'' Requests for site-specific determinations
should be submitted in writing to the delegated agency responsible for
implementing MACT subpart DDDDD.
Abstract for [M070003]:
Q: Does EPA approve an alternative to calibrating the thermocouple
on an afterburner every six months for the City Wide Towing and Auto
Wrecking facility in Springfield, Ohio, under 40 CFR part 63, subpart
RRR?
A: Yes. EPA conditionally approves an alternative method under MACT
subpart RRR where dual thermocouples are used so that both the data
logger and the digital read out each has its own thermocouple to allow
sufficient current for proper readings. Both thermocouples read the
same temperature and report to their own piece of equipment. As part of
the standard operating procedure, a second set of thermocouples must be
kept on site to replace a malfunctioning unit immediately.
Abstract for [M070004]:
Q1: Could EPA clarify to Bacchus Environmental if a specific
facility can process a charge ``mixture'' in excess of the performance
test weight under 40 CFR part 63, subpart RRR, if the charge weight of
purchased scrap in a charge ``mixture'' does not exceed the performance
test charge weight when 100 percent purchased scrap was melted? And may
the facility exceed this weight when processing 100 percent clean
charge?
A1: EPA explains that the facility may exceed the performance test
charge weight under MACT subpart RRR regulations as long as such
exceedance does not result in the performance test no longer being
representative of the facility operation that is likely to generate the
highest emissions for the regulated pollutants.
Q2: If a facility demonstrates through performance tests that each
individual
[[Page 11413]]
emission unit within the secondary aluminum production unit is in
compliance with the applicable emission limits, are the 3-day, 24-hour
rolling average emission calculations of dioxin/furan (D/F) required
for this secondary aluminum processing unit under 40 CFR part 63,
subpart RRR?
A2: EPA explains that a facility with a secondary aluminum
processing unit (SAPU) that is meeting the requirements of Sec.
63.1510(u) is not required to conduct the 3-day, 24 hour rolling
average emission calculations of D/F in Sec. 63.1510(t) under MACT
subpart RRR regulations. As an alternate to Sec. 63.1510(t), Sec.
63.1510(u) requires, through performance tests, that each individual
emission unit within the SAPU demonstrate compliance with the
applicable emission limits
Abstract for [M070005]:
Q1: Is monitoring of firebox temperature in the Regenerative
Thermal Oxidizer (RTO) units as required under 40 CFR part 63, subpart
DDDD, Sec. 63.2269(b), a comparable alternative to carbon oxide (CO)
monitoring required under the 40 CFR part 63, subpart DDDDD, Sec.
63.7510(c), in order to ensure adequate destruction of organic
hazardous air pollutants (HAPs) at the Norbord Texas Industries
facility in Marion County, Texas?
A1: Yes. EPA approves the alternative monitoring plan request under
the Boiler MACT to maintain the 3-hour block average firebox
temperature of the RTO units at a level that is greater than or equal
to the minimum firebox temperature established during the performance
test as specifically required under the Plywood MACT, in Sec. Sec.
63.2240(b) and 63.2262(k)).
Q2: Because Norbord Industries has not yet conducted the
performance test required under 40 CFR part 63, subpart DDDD, may it
utilize an interim set point of 1500 degrees Fahrenheit for the RTO
firebox minimum temperature control until testing occurs?
A2: Yes. EPA finds that data collected as part of the Plywood MACT
shows this temperature set point is acceptable in the interim for the
RTO Units at Norbord's oriented strandboard (OSB) plant.
Abstract for [M070006]:
Q1: Is 40 CFR part 63, subpart DDDDD, ``the Boiler MACT,''
applicable to the Integrated Heat Energy System (IHES) at the Norbord
Industries LLP Jefferson Oriented Strandboard (OSB) Plant located in
Marrion, Texas, given that 40 CFR part 63, subpart DDDD, ``the Plywood
MACT,'' already applies?
A1: Yes. EPA finds that the Teaford Furnace of the IHES is
considered a process heater and an affected source under the Boiler
MACT as defined in 40 CFR 63.7575. However, that portion of the
combustion gases from the Teaford Furnace used to direct-fire the dryer
unit is considered an affected source under the Plywood MACT, 40 CFR
63.2232(b), and is exempted from the Boiler MACT under 40 CFR
63.7491(l).
Abstract for [M070007]:
Q1: Does EPA approve the Viskase Companies request to monitor
biofilter effluent conductivity as an alternative to effluent pH at two
of its facilities located which are located in Loudon, Tennessee and
Osceola, Arkansas under 40 CFR part 63, subpart UUU?
A1: Yes. EPA conditionally approves the monitoring request to
establish and monitor an effluent conductivity operating limit for the
biofilter units. The effluent conductivity operating limit must be
based on a performance test and can be supplemented by engineering
assessments and/or manufacturer's recommendations.
Q2: Could EPA clarify 40 CFR 63.505(c), which allows the owner or
operator to supplement the parameter values measured during the
performance test with engineering assessments and/or manufacturer's
recommendations, for the Viskase Companies facility in Loudon,
Tennessee?
A2: EPA explains that 40 CFR 63.505(c) does not allow control
device operating parameters to be based solely on good engineering
practice and the manufacturer's recommendations. It does allow
facilities to supplement the parameter monitoring levels established
during the performance test with engineering assessments and/or
manufacturer's recommendations. This supplementary data may allow
facilities to avoid performance testing over the entire range of
expected parameter values. Operating limits must be established during
a performance test and can then be supplemented by engineering
assessments and/or manufacturer's recommendations. Facilities subject
to 40 CFR part 63, subpart UUUU, must meet the performance testing
requirements in 40 CFR 63.5535, as well as the requirements in 40 CFR
63.7 of the General Provisions (GP). Facilities must also meet the
applicable notification requirements in the General Provisions,
including the performance testing notification requirements in 40 CFR
63.9(e), as well as the notification of compliance status in 40 CFR
63.9(h).
Q3: Does EPA approve the Viskase Companies request that testing for
closed vent systems be waived because the vent system is operated under
negative pressure, under 40 CFR part 63, subpart UUUU?
A3: Yes. EPA conditionally approves the request to waive the closed
vent system testing if the facility meets the requirements specified
for negative pressure systems in other NESHAPs, (e.g., Pulp and Paper
NESHAP) including an initial and annual demonstration of the negative
pressure system using the procedures specified in the EPA response.
Abstract for [M070008]:
Q1: Could EPA clarify for the American Forest and Paper Association
the averaging period for determining continuous compliance with the
fuel operating limits under 40 CFR part 63, subpart DDDDD?
A1: EPA explains that there is no averaging period in MACT subpart
DDDDD for determining continuous compliance with the fuel operating
limit.
Q2: Does a stack test conducted under the health-based compliance
alternative (HBCA) (Appendix A) qualify as a performance test as
referred to in 40 CFR part 63, subpart DDDDD, Sec. 63.7540(a)(1)?
A2: No. EPA explains that a stack test conducted under the HBCA
does not qualify as a performance test under 40 CFR part 63, subpart
DDDDD.
Q3: Is soot blowing required during a stack test under 40 CFR part
63, subpart DDDDD?
A3: Yes. EPA explains that soot blowing should be included during
the stack test under 40 CFR part 63, subpart DDDDD.
Q4: Does EPA allow alternate pH calibration plans under 40 CFR part
63, subpart DDDDD?
A4: Yes. EPA explains that owners/operators may submit a request
for an alternative pH schedule under MACT subpart DDDDD.
Abstract for [M070009]:
Q1: May a de minimis threshold be established to exclude small
quantities of miscellaneous fuels (e.g., waste paper, oily rags, used
oil, etc.) from the testing requirements under 40 CFR part 63, subpart
DDDDD?
A1: No. EPA explains that MACT subpart DDDDD does not provide a de
minimis threshold for small quantities of miscellaneous wastes.
Q2: What are the operating limits and monitoring requirements under
40 CFR part 63, subpart DDDDD, when the health-based compliance option
is used, the manganese emission rate is determined by stack testing,
and the total selected metals (TSM), not including manganese, was
determined via fuel analysis?
[[Page 11414]]
A2: The operating limits and monitoring requirements for manganese
under the health-based compliance alternative (HBCA) are site-specific,
determined by the owner or operator, and incorporated into the Title V
operating permit. The operating limits and monitoring requirements for
the remaining TSM using the fuel analysis option are in 40 CFR part 63,
subpart DDDDD, Sec. 63.7521 and Table 6.
Abstract for [M070010]:
Q: Does 40 CFR part 63, subpart T, apply to ultrasonic airless/
airtight degreasers manufactured by the Tiyoda-Serec Company's facility
in Ventura County, California?
A: Yes. EPA finds that 40 CFR 63.461 defines a solvent cleaning
machine as ``any device or piece of equipment that uses halogenated
solvent liquid or vapor to remove soils from the surfaces of materials.
Types of solvent cleaning machines include, but are not limited to,
batch vapor, in-line cold, and batch cold solvent cleaning machines.''
Although airless/airtight ultrasonic cleaning machines are not
specified in this definition, it is clear the definition does not
exclude these types of machines.
Abstract for [M070011]:
Q: Does EPA agree with the Oklahoma Department of Environmental
Quality alternative method for determining that the volatile hazardous
air pollutants (VHAP) content of gas and liquid hydrocarbon process
streams can be reasonably be expected never to exceed 10.0 percent by
weight in accordance with NESHAP, Subpart HH, Sec. 63.772(a)(1), for
the ONEOK Hydrocarbon, L.P. (ONEOK) facility located in Medford,
Oklahoma?
A: Yes. EPA explains that well documented data from online gas
chromatograph analyzers that are maintained according to manufacturer's
QA/QC recommendations, mass balance calculation methods, process stream
knowledge (including MSDS information), and other ``good engineering
judgment'' techniques can be used as methods for determining, under
MACT subpart HH, that the VHAP content of gas liquid hydrocarbon
streams can be reasonably expected never to exceed 10.0 percent by
weight.
Abstract for [M070012]:
Q: Is solvent used to dilute textile finishing materials at two
TSG, Incorporated (TSG) facilities, which are located in Pennsylvania
and North Carolina, subject to the organic Hazardous Air Pollutants
(HAP) emission limit for finishing operations, under 40 CFR part 63,
subpart OOOO?
A: Yes. The solvent used to dilute textile finishing materials is
subject to the NESHAP subpart OOOO. The solvent that TSG uses to dilute
stain repellent finishes is a transfer agent that is added to the
finish as an auxiliary to improve the finishing process, and thus is a
finishing material. For this reason, the added solvent, together with
the other finishing materials used by TSG, would be subject to the
0.0003 kg of organic HAP per kg of applied finishing materials emission
limit established in Table 1 of NESHAP subpart OOOO.
Abstract for [M070013]:
Q1: Is the coating of wooden window components prior to assembly at
the Pella facility in Pella, Iowa, subject to 40 CFR part 63, subpart
QQQQ?
A1: Yes. EPA finds that adhesives are considered coatings under
NESHAP subpart QQQQ. Adhesives serve the function of bonding window
components to each other. Thus, applied adhesive is a functional layer,
and its application in this context constitutes the finishing of a wood
building product. Therefore, adhesives are subject to NESHAP subpart
QQQQ requirements when applied to a wooden window component or to the
window assembly.
Q2: Is the coating of aluminum window components with high
performance architectural coatings prior to assembly at the Pella
facility in Pella, Iowa, subject to 40 CFR part 63, subpart MMMM?
A2: Yes. EPA finds that 40 CFR 63.3881(a) establishes that the
surface coating of metal components (``parts'') of industrial,
household, and consumer products is subject to NESHAP subpart MMMM.
Windows are considered industrial, household, or consumer products
since these are part of the NESHAP subpart MMMM wood building products
source category. Therefore, coating aluminum window components with
high performance architectural coatings is subject to applicable NESHAP
subpart MMMM requirements. Adhesives applied to aluminum window
components and used to bond them to other wood, glass, or metal
components, or to the window assembly, are also metal coatings, and
therefore, are subject to NESHAP subpart MMMM.
Abstract for [M070014]:
Q: Is the repainting and repair, at the Atlantic Marine facility in
Jacksonville, Florida, of yachts that exceed 20 meters in length and
are not used for military or commercial operations, subject to 40 CFR
part 63, subpart II?
A: No. EPA finds that repainting and repair services performed on
yachts exceeding 20 meters in length are not subject to the
requirements under NESHAP subpart II. EPA plans to propose revisions to
NESHAP subpart II to address this issue.
Abstract for [M070015]:
Q: Are eight aerospace cleaning activities utilizing azeotropic
blends as described by 3M, Incorporated, exempt from 40 CFR part 63,
subpart GG? Could EPA clarify compliance options for 3M facilities
using the azeotropes for cleaning activities that are not exempt from
MACT, 40 CFR part 63, subpart GG? 3M manufactures segregated
hydrofluoroether volatile organic compounds (VOCs) exempted by EPA, in
an azeotropic blend with dichloroethylene (DCE), a non-exempt VOC.
A: EPA made the following findings for the eight activities
presented by 3M, which are based on the facts provided in the
hypothetical given by 3M, and presumed to be facts for each scenario.
Thus this response is considered only a guidance, and is not a binding
adjudication of liability for any source, and does not constitute final
agency action. Facilities needing a site-specific determination of
applicability should discuss the specifics of their operation(s) with
the appropriate delegated authority on a case-by-case basis.
Activity 1: Cleaning of aircraft engine hydraulic fluid leaks is
not exempt from MACT subpart GG requirements.
Activity 2: Cleaning parts for non-destructive testing is not
exempt from MACT Subpart GG requirements.
Activity 3: Cleaning aircraft and helicopter wheel and brake
assemblies is not exempt from MACT subpart GG requirements.
Activity 4: Cleaning of hydraulic fluid leaks is not exempt from
MACT subpart GG requirements.
Activity 5: Cleaning during operation of electrical equipment may
or may not be subject to MACT subpart GG requirements, as discussed
below. Cleaning operations using nonflammable liquids on unshielded
assembled aircraft electrical circuits on or within five feet of them,
once electrical power is connected, are exempted from the hand-wipe
cleaning requirements. Cleaning operations on unshielded electrical
circuits that are performed prior to installation on an assembled
aircraft, or that are performed after installation on the aircraft but
without electrical power connection, are not exempted from the hand-
wipe cleaning requirements, unless they occur within five feet of an
electrical system that is energized. Electric power tools, cooling
fans, and portable power equipment are not energized electrical
systems.
[[Page 11415]]
Activity 6: Cleaning of composite systems prior to adhesive bonding
is not exempt from MACT subpart GG requirements.
Activity 7: Cleaning of electronic assemblies and printed circuit
boards may or not be subject to MACT subpart GG requirements, as
discussed below. Cleaning (including flux removal) of completed
electronic assemblies is exempt from Subpart GG requirements prior to
their permanent installation in the aircraft, when their cleaning is
distinct from what other aircraft parts receive. Cleaning of printed
circuit boards is exempt from Subpart GG requirements. Cleaning,
including flux removal, of electronic assemblies using hand-wipe
cleaning, either during manufacture or rework, is not subject to hand-
wipe cleaning requirements. However, for completed electronic
assemblies that have been permanently installed in the aircraft, or
that receive the same cleaning as other parts of the aircraft, the
facility must satisfy the housekeeping requirements.
Activity 8: Cleaning of aircraft instruments and instrumentation is
exempt from MACT subpart GG requirements prior to their permanent
installation.
Abstract for [Z070001]:
Q: Could EPA clarify the regulations regarding debris management
and disposal under 40 CFR part 61, subpart M, in reference to the U.S.
Army Corp of Engineers (USACE) and the State of Louisiana assisting the
efforts to address the debris generated as a result of Hurricanes
Katrina and Rita?
A: EPA explains that if a building or other structure has been
totally destroyed by a hurricane, NESHAP subpart M does not apply to
subsequent activities. However, the demolition and disposal of
``partially-damaged'' or ``standing-but-unsafe-to-enter'' structures
are subject to Asbestos NESHAP requirements.
Abstract for [0700001]:
Q: May the Chalmette Refinery, located in Chalmette, Louisiana,
comply with 40 CFR part 60, subpart RRR, in lieu of 40 CFR part 60,
subpart NNN, for testing, monitoring, and recordkeeping related
specifically to use of boilers and process heaters for compliance with
the standards of both subparts?
A: Yes. The facility's refinery fuel gas system comprises boilers
and process heaters, some with heat input capacities equal to or
greater than 150 MMBTU/hr and some with heat input capacities less than
150 MMBTU/hr. Vent gases are mixed with other gaseous streams collected
in the fuel gas system and distributed as a mixed gas stream that
constitutes the primary fuel introduced into the flame zone of each
boiler or process heater. None of the distillation vents are equipped
with a bypass directly to the atmosphere. Thus, compliance with NSPS
subpart RRR testing, monitoring, and recordkeeping requirements in lieu
of NSPS subpart NNN similar requirements is acceptable. However, the
facility must provide a copy of the schematic required by 40 CFR
60.705(s) and maintain the schematic in its onsite file for the life of
the system to ensure that the affected vent streams are being routed to
appropriate control devices under this approval.
Abstract for [0700002]:
Q1: The Cymetech facility in Calvert City, Kentucky, produces a by-
product which contains a mixture of chemicals, some of which are listed
in 40 CFR 60.489. Does 40 CFR part 60, subpart VV, apply to the
operation?
A1: Yes. EPA finds that the operations are subject to NSPS subpart
VV because the by-product includes listed chemicals and is sold because
of the chemical characteristics of the listed chemicals.
Q2: If the Cymetech facility in Calvert City, Kentucky, is subject
to 40 CFR part 60, subpart VV, does the exemption in 40 CFR
60.480(d)(3) apply?
A2: Yes. EPA finds that because the affected facility produces
heavy liquid chemicals only from heavy liquid feed or raw materials,
the exemption in 40 CFR 60.480(d)(3) is applicable, and the facility is
not subject to the standards in 40 CFR 60.482.
Abstract for [0700003]:
Q: Are wood gasification systems at Norbord South Carolina, Inc.,
in Kinards, South Carolina and the University of South Carolina in
Columbia, South Carolina, subject to 40 CFR part 60, subparts Db or Dc?
The wood gasification systems will consist of wood gasifiers that
produce synthetic gas, followed by secondary combustion chambers which
combust the synthetic gas. Exhaust from the secondary combustion
chambers will be used in steam generating boilers (and in a hot oil
generator for one unit).
A: Yes. EPA finds that each secondary combustion chamber in
combination with a steam boiler (and hot oil generator for one unit) is
a steam generating unit affected facility. NSPS subpart Dc applies to
steam generating units with a heat input capacity of 100 mmBtu/hr or
less, but greater than or equal to 10 mmBtu/hr. NSPS subpart Db applies
to steam generating units with a heat input capacity greater than 100
mmBtu/hr.
Abstract for [0700004]:
Q: Are the fabric filters used to control titanium dioxide spray
dryers at the DuPont facility in New Johnsonville, Tennessee,
considered dry control devices and therefore, required to meet the 40
CFR part 60, subpart UUU, opacity monitoring requirements? The
company's argument that these are not subject is based on language from
the Compliance Assurance Monitoring (CAM) rule at 40 CFR part 64, which
exempts ``inherent process equipment'' from the CAM rule definition of
``control device.''
A: Yes. The opacity monitoring requirements in 40 CFR 60.734(b)
apply to the titanium dioxide spray dryers controlled with fabric
filters. The provisions of the CAM rule do not reduce or eliminate the
monitoring requirements of existing regulations.
Abstract for [0700005]:
Q: Does EPA waive the 40 CFR part 60, subpart MM, performance
testing requirement for the E-coat, guide coat, and top coat lines at
BMW's Spartanburg, South Carolina assembly plant during any month when
the average volatile organic compound (VOC) emission rate does not
exceed 3.8 pounds per vehicle?
A: Yes. Based upon historical emission rate data provided with
BMW's request, demonstrating that the plant-wide VOC emission rate does
not exceed 3.8 pounds per vehicle will provide adequate assurance of
compliance for all three of the coating lines covered by the request.
Given recordkeeping conducted in order to verify compliance with other
applicable limits at the plant, BMW will have the information needed to
verify NSPS subpart MM compliance during any month when the VOC
emission rate does exceed 3.8 pounds per vehicle. Therefore, the
request can be granted pursuant to 40 CFR 60.8(b)(4) of the General
Provisions.
Abstract for [0700006] and [0700007]:
Q: Does EPA approve an alternative continuous emission monitoring
frequency for NOX, CO, and O2, as provided by the
quarterly cylinder gas audit (CGA) and the annual relative accuracy
test audit (RATA) quality assurance procedures found under 40 CFR part
60, appendix F, for the ANP Bellingham Energy Company, LLC (ANP)
facilities located in Bellingham and Blackstone, MA? The facilities
propose to follow the ``grace period'' provisions of 40 CFR part 75,
appendix B, section 2.2.4 (for CGAs) and section 2.3.3 (for RATAs).
A: Yes. EPA grants ANP Bellingham permission to conduct CGAs and
RATAs following the ``grace period'' provisions of 40 CFR part 75,
appendix
[[Page 11416]]
B, section 2.2.4 (for CGAs) and section 2.3.3 (for RATAs, which would
require that a CGA be conducted at least once every four calendar
quarters regardless of operation and conduct a RATA at least once every
eight calendar quarters regardless of operation.
Abstract for [0700008]:
Q: Does EPA approve the use of sensory means (i.e., sight, sound,
smell), as an alternative to using EPA Method 21 as required by 40 CFR
part 60, subpart VV, for the identification of leaks from equipment in
propionic acid service at the Eastman Chemical Company facility in
Kingsport, Tennessee?
A: Yes. The proposed alternative method for detection of leaks is
acceptable. Monitoring results provided by Eastman indicate that leaks
from equipment in propionic service are more easily identified through
sensory methods than by using Method 21 because of the physical
properties (high boiling points, high corrosivity, and low odor
threshold) of propionic acid and the process conditions at the plant.
Abstract for [0700009]:
Q: Are the 40 CFR part 60, subpart RRR, flow monitoring procedures
an acceptable alternative to the 40 CFR part 60, subpart NNN,
requirements for the distillation operation at Degussa Corporation in
Mobile, Alabama?
A: Yes. EPA finds that the NSPS subpart RRR flow monitoring
procedures are an acceptable alternative to the flow monitoring
procedures required under NSPS subpart NNN in this case. The NSPS
subpart RRR requirement to monitor diversions from the control device
accomplishes the same result (i.e., providing a record of when vent
streams are not controlled) as the NSPS subpart NNN requirement to
monitor the flow to the control device.
Abstract for [0700010]:
Q1: Does 40 CFR part 60, subpart DD, apply only to the unmalted
barley grain portion of the operation at the Grupu-Modelo Agriculture,
Inc. (GMA) new malting facility located in Idaho Falls, Idaho?
A1: Yes. EPA has concluded that NSPS subpart DD applies to the
unmalted barley grain portion of GMA operation. However, it does not
apply to the malting processes, the second part of the operations of
the malting plant. NSPS subpart DD does not apply to malted barley
because it is not considered a grain. Furthermore, NSPS subpart DD does
not apply to operations involving malt because the rule addresses
emissions resulting from handling processes and not from processes
which effect a chemical or physical change in the product.
Q2: Is GMA required to perform performance testing under EPA 40 CFR
part 60, subpart DD, on the kiln vents used for drying green malt that
has been transformed from barley?
A2: EPA has determined the GMA kilns are not subject to NSPS
subpart DD since these are used only for the malt process. Therefore,
GMA is not required to conduct performance tests on the two kiln vents
pursuant to NSPS subpart DD.
Abstract for [0700011]:
Q: Does EPA approve a delay in the installation of a Continuous
Opacity Monitor System (COMS), under 40 CFR part 60, subpart Db, on a
boiler at the Bennett Forest Industries (BFI) facility located in
Grangeville, Idaho, until the facility reaches steaming rates above
half its physical and permitted capacity?
A: No. EPA denies this request. A COMS must be installed and
operated in accordance with the timeframes and requirements specified
in NSPS subpart Db. The General Provisions require that the COMS be
installed and operational no later than 180 days after initial startup
of the BFI boiler. Furthermore, if COMS data will be used to
demonstrate compliance with the opacity requirements as provided in 40
CFR 60.11(e)(5), there are additional requirements that must be met
prior to conducting the performance test, described in 40 CFR 60.13(c).
Even if EPA were to construe the request for the delay of the
installation of the COMS as a request for approval of alternative
monitoring procedures, EPA does not believe BFI has provided sufficient
justification for an alternative monitoring. EPA does not believe that
the costs of complying with other environmental regulations alone
provide a sufficient basis for an alternative monitoring request. BFI
has not shown that timely installation of the COMS is technically or
economically infeasible, or otherwise impracticable.
Abstract for [0700012]:
Q: Does EPA waive the initial performance test for a gas producer
unit (turbine compressor and combustor) at Unocal Alaska's Dolly Varden
Platform (Unocal) in Cook Inlet, Alaska?
A: Yes. EPA waives the requirement to conduct an initial
performance test pursuant to 40 CFR part 60, subpart A, Sec.
60.8(b)(4), because Unocal has demonstrated compliance with the
standard using other means.
Abstract for [0700013]:
Q: Does EPA approve Alyeska Pipeline Service Company's fuel gas
demonstration for fuel gas combusted at the Trans Alaska Pipeline
System (TAPS) pump stations 1 through 4?
A: Yes. Based on the information submitted to EPA, Alyeska Pipeline
Service Company has demonstrated that the fuel gas combusted at TAPS
meets the definition of a natural gas as defined by 40 CFR 60.331(u).
Abstract for [0700014]:
Q1: Is an exclusively wood-fired boiler at the Bennett Forest
Industries (BFI) facility located in Grangeville, Idaho, subject to the
requirement to record the amount of wood combusted each day and to
calculate the annual capacity factor for wood as detailed in 40 CFR
part 60, subpart Db, Sec. 60.49b(d)?
A1: No. EPA has determined that if BFI is subject to the more
stringent emission limit for particulate matter of 0.10 lb/million Btu
and a restriction to combust only wood, the requirement to record the
amount of wood combusted each day is not needed for the purposes of
calculating the annual capacity factor, as required by NSPS subpart Db,
Sec. 60.49b(d). Assuming the restriction to burn only wood is required
by a federally enforceable permit, EPA can be assured that the annual
capacity factors for all other fuels aside from wood will be zero. If
BFI is subject to the more stringent limit for particulate matter of
0.10 lb/million Btu, there is also no need for BFI to calculate the
annual capacity factor for wood.
Q2: Does EPA accept the use of a steaming rate monitor, which is
capable of calculating fuel usage, as an alternate method for
determining the amount of wood combusted for a wood-fired boiler at a
BFI facility? BFI has requested this alternative method because there
are physical difficulties in measuring the actual mass of the wood that
they combust as it comes in various forms resulting from their
operation as a lumber mill.
A2: Yes. EPA has determined that considering BFI's circumstances
related to this request, if needed, this approach is acceptable for
calculating the amount of wood combusted.
Abstract for [0700015]:
Q: Does EPA approve a custom fuel monitoring schedule under 40 CFR
part 60, subpart GG, for Union Oil Company of California at its
Steelhead Platform, Cook Inlet Alaska?
A: Yes. EPA approves the custom fuel monitoring schedule according
to an August 14, 1987, national policy which allows EPA regional
offices to approve NSPS subpart GG custom fuel monitoring schedules on
a case-by-case basis. In this case, what is being approved is the
inclusion of a new turbine into the existing custom fuel monitoring
schedule.
Abstract for [0700016]:
[[Page 11417]]
Q: Is the changing of a nozzle tip to accommodate residual fuel in
Boiler 3 at the Idahoan Foods (Idahoan) facility located in
Lewisville, Idaho, considered a modification according to 40 CFR 60.14
of the General Provisions?
A: No. Idahoan intended to purchase a boiler that was designed to
accommodate multiple liquid fuel types at its construction. EPA
determines that the need to change-out the nozzle tips to accommodate
different fuels is an inherent design of the boiler, and therefore
Boiler 3 was originally designed to accommodate residual and
diesel fuel in addition to natural gas. Under 40 CFR 60.14(e)(4), the
use of an alternative fuel, if prior to the applicability date the
existing facility was designed to accommodate that alternative fuel,
shall not by itself be considered a modification.
Abstract for [0700017]:
Q1: Does EPA agree that three of Unocal Alaska incinerators located
at Granite Point Platform, Swanson River Field, and Trading Bay
Production Facility that are subject to 40 CFR Part 62, subpart III,
for Commercial and Industrial Solid Waste Incinerators (CISWI), meet
the criteria for the exemption for municipal waste combustion units
under 40 CFR 62.14525(c)(2)?
A1: Yes. EPA agrees that the three Unocal's incinerators meet the
exemption in 40 CFR 62.14525(c)(2) and therefore, accepts this
notification of exemption under 40 CFR 62.14525(c)(2).
Q2: Is Unocal currently required to submit a Title V permit
application for an incinerator, located at the East Foreland Dock
Facility (EFDF), that was subject to 40 CFR part 62, subpart III, but
that was permanently shut down as of June 15, 2004?
A2: No. Unocal is no longer required to submit a Title V permit
application for the EFDF incinerator because it has been permanently
shut down and is no longer operating.
Abstract for [0700018]:
Q: Does EPA approve a reduction in the fuel usage recordkeeping
requirement in 40 CFR part 60, subpart Dc, Sec. 60.48(c), from daily
to monthly, for a natural gas-fired boiler at a BARI facility in Idaho
Falls, Idaho?
A: Yes. EPA approves the request from BARI for a reduction in the
fuel usage recordkeeping requirement in 40 CFR part 60, subpart Dc,
Sec. 60.48(c), from daily to monthly, and to use a gas meter to record
monthly fuel usage, with the monthly fuel bill as a back-up record in
the event of a meter malfunction.
Abstract for [0700019]:
Q: Does EPA waive applicability of 40 CFR part 60, subpart Db, and
40 CFR part 60, subpart Dc, for Boilers No. 3 and No. 4 at the Idaho
Supreme Potato (ISP) facility in Firth, Idaho, given that an assumed
modification of replacing nozzles reported on February 13, 2001, did
not actually happen?
A: Yes. EPA has determined that Boilers No. 3 and No. 4 were not
modified pursuant to 40 CFR 60.14, and therefore, are currently not
subject to NSPS subparts Db or Dc. This determination is based on the
assumption that although Boiler No. 4 still has the physical ability to
burn coal in Boiler No. 4 it will not do so. In a previous EPA
applicability determination on ISP's Boiler No. 4 dated March 13, 1995,
EPA assumed that this boiler would not burn coal in the future.
Therefore, if coal were to be burned in Boiler No. 4 in the future, the
1995 EPA determination would no longer be valid. In such an event, NSPS
and PSD review would be triggered.
Abstract for [0700020]:
Q: Does EPA approve a custom fuel monitoring schedule under 40 CFR
part 60, subpart GG, for ConocoPhillips Alaska's Alpine Development
Project in North Slope, Alaska?
A: Yes. EPA approves the custom fuel monitoring schedule according
to an August 14, 1987, national policy which allows EPA regional
offices to approve NSPS subpart GG custom fuel monitoring schedules on
a case-by-case basis. In this case, what is being approved is a custom
fuel monitoring schedule for fuel oil monitoring and demonstration that
the facility's gaseous fuel meets the definition of a natural gas.
Abstract for [0700021]:
Q: Does EPA grant an extension of the initial performance test date
for stationary gas turbines, subject to 40 CFR part 60, Subpart GG,
which are located at the ConocoPhillips Alpine (CPA) Development
Project, in North Slope, Alaska?
A: No. EPA denies CPA's request for an extension.
Abstract for [0700022]:
Q: Does EPA approve alternative test methods for the performance
evaluation to demonstrate compliance with 40 CFR part 60, subpart I,
Sec. 60.90, at the Alaska Roadbuilders' (ARB) RB350 ADM Asphalt Plant
in Alaska?
A: Yes. EPA concludes that the proposed testing meets the
requirements of 40 CFR part 60, subpart I, and the EPA test methods
specified therein. Assigning a value of 30.0 to the dry gas molecular
weight, in lieu of actual measurements of O2 and CO is an
acceptable alternative for processes burning natural gas, coal or oil
according to EPA Method 3, Section 1.3, subject to the approval of the
Administrator.
Q2: Does EPA waive the 30-day notice prior to conducting a
performance evaluation that is required according to 40 CFR Sec.
60.7(a)(5) and 60.8(d) at the ARB RB350 ADM Asphalt Plant?
A2: Yes. EPA grants the request for a waiver of this requirement
pursuant to 40 CFR 60.19(f)(3).
Abstract for [0700023]:
Q: Does EPA approve a reduction in the fuel usage record-keeping
requirement in 40 CFR part 60, subpart Dc, Sec. 60.48c, from daily to
monthly, as well as the use of one gas meter to record monthly natural
gas usage for four boilers at the Saint Lucas Regional Medical Center
(SLRMC)?
A: Yes. EPA approves a reduction in the fuel usage record-keeping
requirement in NSPS Subpart Dc from daily to monthly and the use of one
gas meter to record monthly natural gas usage for SLRMC's four boilers.
The approval for the reduction in the recordkeeping to monthly instead
of daily is based on a memorandum dated February 20, 1992, from the EPA
Office of Air Quality Planning and Standards which states that there is
little value in requiring daily recordkeeping of the amounts of fuel
combusted for an affected unit that fires only natural gas with clean
low-sulfur fuel oil (sulfur content less than 0.5 percent) as a backup.
Abstract for [0700024]:
Q: Is the incineration unit at a pet crematory in Palmer, Alaska,
exempted from the requirements of 40 CFR part 60, subpart Ec, for
Hospital/Medical/Infectious Waste Incineration (HMIWI), because only
pathological wastes will be combusted? Is a permit required for this
operation?
A: EPA has determined that provided the requirements are met for
the pathological wastes, according to 40 CFR 60.50c(b), the
incineration unit is not subject to the HMIWI regulation. A Federal
Title V Air Operating Permit (Title V permit) is not required for the
purposes of the HMIWI regulation if the exemption is maintained.
Abstract for [0700025]:
Q1: Does EPA approve monthly instead of daily monitoring of natural
gas usage for a vaporizer subject to 40 CFR part 60, subpart Dc, at the
BOC Edwards (BOC) facility in Hillsboro, Oregon?
A1: Yes. EPA conditionally approves monthly instead of daily
monitoring of natural gas usage for the BOC affected vaporizer pursuant
to NSPS subpart Dc.
Q2: Does EPA approve the use of fuel receipts from a gas supplier
to serve as
[[Page 11418]]
monthly monitoring method, under 40 CFR part 60, subpart Dc?
A2: Yes. EPA approves the use of fuel receipts from a gas supplier
to serve as monthly monitoring method under NSPS subpart Dc.
Q3: Could EPA determine whether the amount of natural gas used by
the affected facility (vaporizer) can be determined by the following
calculation method rather than direct measurement: (monthly vaporizer
gas usage) = (monthly site natural gas usage from fuel bill)-(average
monthly site natural gas usage before installation of the vaporizer).
A3: Yes. EPA finds that the amount of natural gas used by the
affected facility (vaporizer) can be determined by the calculation
method proposed rather than by direct measurement, as long as the
average monthly site natural gas usage before installation of the
vaporizer was nearly constant and will remain the same with no new
natural gas usage.
Abstract for [0700026]:
Q1: Does EPA approve a request for a reduction in the fuel usage
recordkeeping requirement in 40 CFR part 60, subpart Dc, Sec. 60.48c,
from daily to monthly for two 25.13 MMBTU/hr boilers fueled by propane
and located at Glanbia Foods Inc. (Glanbia) facility in Richfield,
Idaho?
A1: Yes. EPA approves the request for a reduction in the fuel usage
recordkeeping requirement in 40 CFR 60.48c from daily to monthly. This
approval is based on a memorandum dated February 20, 1992, from the EPA
Office of Air Quality Planning and Standards, which states that there
is little value in requiring daily recordkeeping of the amounts of fuel
combusted for an affected unit that fires only natural gas, and the
definition of natural gas, from the Acid Rain Program, in 40 CFR part
72.
Q2. Does EPA approve one gas meter for two boilers that will
measure the total natural gas usage per month?
A2. Yes. When more than one boiler is firing propane
simultaneously, they will divide each boiler design heat input capacity
by the total of the design heat input capacities of each boiler, and
use this to prorate the natural gas usage of each boiler on a monthly
basis. EPA determines that this will adequately determine the fuel
usage by each boiler.
Abstract for [0700027]:
Q1: Does EPA approve a reduction in the fuel usage recordkeeping
requirement in 40 CFR part 60, subpart Dc, Sec. 60.48c, from daily to
monthly for boilers fueled by natural gas, diesel fuel and/or biomass
located at the Glanbia Foods Incorporated facility in Gooding, Idaho?
A1: EPA finds that boiler No. 1 is not subject to NSPS subpart Dc
requirements since it was installed before the applicability date of
the rule. EPA approves the request from Glanbia for a reduction in the
fuel usage record-keeping requirement in 40 CFR 60.48c of Subpart Dc
from daily to monthly for Boilers 2, 3, and 4, which burn natural gas
exclusively or natural gas with diesel fuel as a backup. The approval
for boilers No. 2 through 4 is based on a memorandum dated February 20,
1992, from the EPA Office of Air Quality Planning and Standards which
states that there is little value in requiring daily recordkeeping of
the amounts of fuel combusted for an affected unit that fires only
natural gas or natural gas with clean low-sulfur fuel oil (sulfur
content less than 0.5 percent) as a backup.
Q2: Does EPA approve one gas meter for several boilers fueled by
natural gas that will measure the total natural gas usage per month?
A2: Yes. EPA determines that this will adequately determine the
fuel usage by each boiler. When more than one boiler is firing natural
gas simultaneously, they will divide each boiler design heat input
capacity by the total of the design heat input capacities of each
boiler, and use this to prorate the natural gas usage of each boiler on
a monthly basis. For boilers 2 and 3, which are capable of firing low
sulfur diesel fuel, each boiler will maintain individual fuel oil
meters.
Q3: Does EPA approve a reduction in the fuel usage record-keeping
requirement in 40 CFR 60.48c from daily to monthly for boiler No. 5,
which is fueled by biogas, from the wastewater treatment effluent
process as the primary fuel and can burn natural gas as a backup?
A3: No. EPA cannot approve this request at this time because the
decision to reduce this requirement for certain boilers is based on the
assumption that that fuel has low sulfur content. The sulfur content of
natural gas is well known; however, the use of biogas in the context of
this regulation has not been addressed before and it is uncertain what
the sulfur content of biogas would be in this particular case.
Abstract for [0700028]:
Q: Is 40 CFR part 60, subpart Dc, applicable to Trident's Boiler
No. 6, which was installed at the facility in 1994 but which the
manufacturer's nameplate shows as constructed in 1976?
A: No. NSPS subpart Dc applies to ``Each steam generating unit for
which construction, modification, or reconstruction is commenced after
June 9, 1989.'' The boiler was operated prior to June 9, 1989,
elsewhere in Alaska before its relocation and it has not been rebuilt,
reconstructed, or modified since its original installation. Under the
NSPS general provisions, 40 CFR 60.14(e)(6), the relocation or change
in ownership of an existing facility shall not, by itself, be
considered a modification.
Abstract for [0700063]:
Q: Do 40 CFR part 60, subpart NNN (Distillation Operations in the
Synthetic Organic Chemical Industry (SOCMI)) and 40 CFR Part 60,
Subpart RRR (Reactor Operations in the SOCMI), apply to the
manufacturing of biodiesel and glycerin from soybean oil and methanol
at the North Prairie Productions (NPP) facility located in Evansville,
Wisconsin?
A: Yes. NSPS subparts NNN and RRR apply to the production of
glycerin from soybean oil and methanol at the NPP biodiesel
manufacturing facility, although certain exemptions may apply to the
facility based on its production capacity and vent stream
characteristics. The Agency finds that the production of glycerin in
the process described by NPP is SOCMI, as both glycerin and methanol
are SOCMI chemicals and appear on the chemical use trees. Additionally,
the NPP process will use distillation and reaction operations, the
units defined as affected facilities under Subparts NNN and RRR,
respectively, which will result in emissions of volatile organic
compounds (VOCs), which are the pollutants of concern under those NSPS.
Dated: November 16, 2007.
Lisa C. Lund,
Acting Director, Office of Compliance.
Editorial Note: This document was received at the Office of the
Federal Register on February 27, 2008.
[FR Doc. E8-4030 Filed 2-29-08; 8:45 am]
BILLING CODE 6560-50-P