Page images
PDF
EPUB

buildings located in the following areas shall comply with applicable emission limitations and control measures set out below:

(1) In the New Jersey-New York-Connecticut Interstate Air Quality Control Region as defined by 40 CFR Part 81, the emission rate of sulfur oxides (calculated as sulfur dioxide) from fuels used in combustion units shall not exceed 0.35 pounds per million B.t.u. (gross value) heat input.

(u) In the Metropolitan Chicago Interstate Air Quality Control Region (In diana-Ilinois) and in the Metropolitan Philadelphia Interstate Air Quality Control Region (Pennsylvania-New JerseyDelaware) as defined in 40 CFR Part 81, the emission rate of sulfur oxides (cal. culated as sulfur dioxide) from fuels used in combustion units shall not exceed 0.65 pounds per million B.t.u. (gross value) heat input.

(2) If compliance with the above emission standard is to be accomplished by means of controlled fuel quality, the agency responsible for each Federal facilty in the designated areas shall establish appropriate fuel specifications to insure that the above emission limitations are met and shall provide for adequate tests to ascertain that delivered fuel meets the applicable specifications. I removal of sulfur oxides from fiue gases is used to control emissions, the facility shall provide for continuous monitoring and recording of the sulfur oxide content of flue gases emitted. The sulfur content of fuels shall be determined in accordance with current recognized testing procedures of the American Society for Testing and Materials. The sulfur content of the fiue gases shall be determined in accordance with current recognized testing procedures of the American Society of Mechanical Engineers.

(3) The limitations and measures established in subparagrah (1) of this paragraph shall be revised or amended only after consultation with appropriate Federal, State, and local officials and affected parties. Not less than 30 days prior to prescribing such revised or amended limits or measures, the Administrator will publish in the FEDERAL REGISTER notice of his intention to adopt such limits or measures, and will there after publish in the FEDERAL REGISTER the

limits or measures established. The Administrator may at any time designate other urban areas which suffer from extremely high air pollution levels, and after similar consultation, and publication in the FEDERAL REGISTER, prescribe such limits or measures as he determines are necessary to carry out the intent of Executive Order 11507.

(d) The emission of the oxides of sulfur the atmosphere shall be monitored at regular intervals by determining the sulfur content of the fuel used or by determining the sulfur content of flue gases. 8 76.6 Stacks.

For buildings or facilities in nonurbanized areas, the particle emission standards of $ 76.4(a) (7) and (8) may be revised for an individual installation by an amount to be determined by the Administrator when:

(a) The stack height exceeds by 242 times the height of the highest building in that area, and

(b) The pollution level in any area will not be significantly increased thereby. For large plants the determination of chimney height shall be based on air quality criteria, land use, and meteorological, topographical, aesthetic, and operating factors. 876.7 Storage and handling of fuels

and ash. (a) Solid fuels and ash shall be stored and handled so as not to release to the atmosphere dust in significant quantities.

(b) In quantities of 40,000 gallons or more, gasoline or any volatile petroleum distillate or organic liquid having a vapor pressure of 1.5 p.s.i.a. or greater under actual storage conditions shall be stored in pressure tanks or reservoirs or shall be stored in containers equipped with a floating roof or vapor recovery system or other vapor emission control device.

(c) Stationary gasoline storage tanks with a capacity of 250 gallons or more shall be equipped with either submerged filling Inlets or with vapor recovery or emission control systems such that loss of vapor to the atmosphere during filling operations shall be minimized.

(d) Gasoline or petroleum distillate tank car or tank truck loading facilities handling 20,000 gallons per day or more shall be equipped with submersible filling arms or other vapor emission control systems.

8 76.8 Disposal of waste.

(a) (1) Waste shall not be burned in open fires in urban areas.

(2) In nonurban areas, there shall not be burned in open fires, within a 24-hour period, more than 25 pounds of waste at a single site nor more than 500 pounds of waste at any number of sites within a 1-mile radius, except that these quantities may be exceeded in the case of onsite burning of waste produced in connection with operations performed at railroad rights-of-way, interurban highways, irrigation canals, forests, agricultural sites, etc., and provided that care is exercised to prevent creation of localized air pollution which endangers health or welfare. Deteriorated or unused explosives, munitions, rocket propellants, and certain hazardous wastes may be burned in open fires, in accordance with recognized procedures.

(3) Wastes shall not be left in open dumps.

(4) Wastes that are disposed of in sanitary landfills shall be disposed of in accordance with procedures described in "Sanitary Landfill Facts" (PHS publication No. 1792, 1968) and any amendments or revisions thereof, Said document is available to any interested person, whether or not affected by the provisions of this part, upon request to the Environmental Protection Agency, Office of Public Information, 5600 Fishers Lane, Rockville, MD 20852.

(b) (1) Waste shall be burned only in facilities especially designed for that purpose, except as provided in paragraph (a) of this section.

(2) For incinerators acquired on or after June 3, 1966 the density of any emission to the atmosphere shall not exceed number 1 on the Ringelmann Scale for a period or periods aggregating more than 3 minutes in any 1 hour, or be of such opacity as to obscure an observer's view to an equivalent degree.

(3) For incinerators acquired prior to June 3, 1966 the density of any emission to the atmosphere shall not exceed number 2 of the Ringelmann Scale for a period or periods aggregating more than 3 minutes in any 1 hour, or be of such opacity as to obscure an observer's view to an equivalent degree.

(c) (1) In addition, for installations burning more than 200 pounds of waste per hour, emissions shall not exceed 0.2

grain of particulate matter per standard cubic foot of dry fiue gas corrected to 12 percent carbon dioxide (without the contribution of carbon dioxide from auxiliary fuel), measured in accordance with the test procedures described in “Specifications for Incinerator Testing at Federal Facilities" (PHS publication, October, 1967) and any amendments or revisions thereof. Said document is available to any interested person, whether or not affected by the provisions of this part, upon request to the Federal Sources Branch, Office of Air Programs, Environmental Protection Agency, Room 17B-42, 5600 Fishers Lane, Rockville, MD 20852, or to the Regional Offices of the agency.

(2) For installations burning 200 pounds of waste per hour or less, emissions shall not exceed 0.3 grain of particulate matter per standard cubic foot of dry flue gas corrected to 12 percent carbon dioxide (without the contribution of carbon dioxide from auxiliary fuel), measured in accordance with the test specifications described in 'Specifications for Incinerator Testing at Federal Facilities" (PHS publication, October 1967) and any amendments or revisions thereof.

(3) Test procedures which are approved by the Administrator as equivalent to those prescribed by paragraphs (c) (1) and (c) (2) of this section may be used for the purpose of determining an installation's compliance with the emission standards for particulate matter contained in such paragraphs. 876.9 Other pollution producing proc

esses. For dusts, fumes, or gases from any process not heretofore described, except for discharges of radioactive effluents regulated by the Atomic Energy Commission, whatever measures may be necessary to comply with the intent of these regulations shall be applied. This will generally require the installation of equipment or devices to minimize such emissions to the point where they will meet the standards contained in these regulations. For processes which emit toxic substances in quantities which might endanger health or welfare and for fires which emit smoke or fumes at official firefighting schools, the appropriate department, agency, or establish

ment shall seek special advice from the Administrator.

(NOTE: The Environmental Protection Agency will, from time to time, and after consultation with industries concerned, issue "Guides of Good Practice" for specific operations to aid Federal departments, agencies, and establishments in the selection of equipment and methods for meeting the performance standards. For emissions not covered herein, or for which there have been issued no applicable "Guides of Good Practice," the Environmental Protection Agency will provide technical material and consultation to departments, agencies, and establishments requesting such assistance. Requests for "Guides of Good Practice," technical material, or consultation should be directed either to the Federal Sources Branch, Office of Air Programs, Environmental Protection Agency, Room 17B 42, 5600 Fishers Lane, Rockville MD 20852, or to the Regional Offices of the Agency.)

PART 79-REGISTRATION OF FUEL

ADDITIVES Subpart A-General Provisions Sec. 79.1 Applicability. 79.2 Definitions. 79.3 Confidentiality of information. 79.4 Requirement of registration. 79.5 Reports of additive usage.

Subpart B-Registration Procedures 79.10 Notification by fuel manufacturer or

processor. 79.11 Information and assurances to be

provided by the fuel manufacturer

or processor. 79.12 Action by the Administrator. 79.13 Notification by the additive manufac

turer. 79.14 Information and assurances to be pro

vided by the additive manufacturer. 79.15 Determination of noncompliance. 79.16 Registration.

Subpart C-Withdrawal of Registration '79.20 Withdrawal of registration: fuel man

ufacturer or processor. 79.21 Withdrawal of registration: additive

manufacturer.

Subpart D Designation of Fuels 79.30 Scope. 79.31 Motor gasolines.

AUTHORITY: The provisions of this Part 79 Issued under sec. 210, 81 Stat. 502; Reorg. Plan 3 of 1970; 42 U.S.C. 18571-60; 3 CFR 1970 Comp.

SOURCE: The provisions of this part 79 appear at 36 F.R. 22419, Nov. 25, 1971, unless otherwise noted.

Subpart A-General Provisions $ 79.1 Applicability.

The regulations of this part apply to the registration of fuel additives contained in fuels designated by the Administrator, pursuant to the Act. $ 79.2 Definitions.

As used in this part:

(a) "Act” means the Clean Air Act, as amended (42 U.S.C. 1857-18571, as amended by Public Law 91-604).

(b) "Administrator" means the Administrator of the Environmental Protection Agency or his authorized representative

(c) "Fuel" means any material which is capable of releasing energy or power by combustion or other chemical or physical reaction.

(d) "Fruel manufacturer or processor" means any person who causes or directs the alteration of the chemical composition or the mixture of chemical compounds in a fuel designated in this part by adding to it an additive.

(e) “Additive" means any substance added to a fuel designated in Subpart D, which is not exempted in the designation of the fuel.

(f) “Additive manufacturer" means any person who produces, formulates, or sells an additive under his own name.

(g) “Range of concentration" means the highest concentration, the lowest concentration and the average concentration used by the fuel manufacturer or processor.

(h) “Chemical composition" means the name and percentage by weight of any compound in an additive containing an element other than carbon or hydrogen and the name and percentage by weight of each element in the additive including carbon and hydrogen.

(i) “Chemical structure" means the molecular structure of any compound in an additive containing an element other than carbon or hydrogen. $ 79.3 Confidentiality of information.

All information reported to or otherwise obtained by the Administrator or his representatives pursuant to this part, which information contains or relates to a trade secret or other matter referred to in section 1905 of title 18 of the United States Code, shall be considered confidential for the purpose of such section

1905, except that such information may be disclosed to other officers or employees of the United States concerned with carrying out this Act or when relevant in any proceeding under title II of the Act. Nothing in this part shall authorize the withholding of information by the Administrator or any officer or employee under his control from the duly authorized committees of the Congress. Any such confidential information forwarded to a committee of the Congress will be identified as confidential information. 8 79.4 Requirement of registration.

No manufacturer or processor of any fuel designated under this part may, after the date prescribed for such fuel in this part, deliver such fuel for introduction into interstate commerce or to another person who, it can reasonably be expected, will deliver such fuel for such introduction unless:

(a) For any additive contained in the fuel which does not appear on the list of registered additives maintained by the Administrator pursuant to $ 79.16, such fuel manufacturer or processor has provided the information and assurances required under $ 79.11 and has received notice of the registration of such additive; and

(b) For any additive contained in the fuel which appears on the list of registered additives maintained by the Administrator pursuant to $ 79.16, such fuel manufacturer or processor, prior to or promptly upon initial use of such additive, provides the Administrator with an assurance that he will submit the information and assurances required under $ 79.11 within 30 days of such initial use. 8 79.5 Reports of additive usage.

Each fuel manufacturer or processor shall, on April 1 and October 1 of each year, submit to the Administrator a report of additive usage for each of the two quarterly periods comprising the 6-month period ending 1 month prior to the submission of such report. Each report shall show the range of concentration for any additive used during that quarter. Reports shall be submitted on forms which shall be supplied by the Administrator upon request of the fuel manufacturer or processor.

Subpart B-Registration Procedures : 8 79.10 Notification by fuel manufac

turer or processor. Any manufacturer or processor of a designated fuel who wishes to have an additive registered for use in such fuel shall, at least 120 days prior to the date prescribed by the Administrator in Subpart D or, if the additive is not in use by such fuel manufacturer or processor prior to such date of designation, 60 days prior to the date on which such fuel manufacturer or processor proposes to begin introducing a fuel containing such additive for delivery into interstate commerce or to another person who, it can reasonably be expected, will deliver such fuel for such introduction, notify the Administrator in accordance with $ 79.11. Each notification shall be signed by the fuel manufacturer or processor or his agent, and shall be submitted on such forms as the Administrator shall supply upon гео 8 79.11 Information and assurance to

be provided by the fuel manufac

turer or processor. Each notification submitted by the fuel manufacturer or processor shall include the following:

(a) The commercial Identifying name of any additive to be used in a designated fuel subsequent to the date prescribed for such fuel in Subpart D and any other name used by the fuel manufacturer processor to identify such additive;

(b) The name and address of the additive manufacturer of any additive named;

(c) The range of concentration of any additive named, as follows:

(1) In the case of an additive used in & designated fuel at any time during the period beginning with the date of designation of such fuel and ending with the date of submission of a notification under this subpart, the range of concentration for any two successive weeks within the period of beginning with such date of designation and ending with such date of notification, and

(2) For any other additive, the expected range of concentration;

(d) The purpose in the use of any additive named, including:

(1) The function the additive is designed to perform, and

(2) Summaries of any information de veloped by or for the manufacturer concerning the mechanisms of action of the additive, reactions between the additive and the designated fuel, the identification and measurement of the emission products of the additive when used in the designated fuel, the effects of the additive on all emissions, and the toxicity or other effects of the emissions resulting from the use of the additive, together with assurances that additional information of this type which is developed by or for the manufacturer will be provided to the Administrator on April 1 of each year. Such submissions shall be accompanied by a description of the test procedures used in obtaining the information;

(e) Assurances that changes in information submitted pursuant to paragraphs (a), (b), and (d) (1) of this section will be provided to the Administrator, within 30 days of learning of such change. Forms for reporting changes will be provided by the Administrator at the fuel manufacturer or processor's request;

(f) Assurances that the reports of additive usage required by $ 79.5 will be provided to the Administrator; and

(g) Assurances that the fuel manufacturer or processor will not represent, directly or indirectly, in any notice. ciro cular, letter, or other written communication, or any written, oral, or pictorial notice or other announcement in any publication or by radio or television, that registration of an additive contained in & fuel constitutes endorsement, certification, or approval of the fuel or additive by any agency of the United States. 879.12 Action by the Administrator.

Following receipt of a notification submitted by a fuel manufacturer or processor pursuant to $79.11, the Administrator shall, in writing, advise the manu. facturer of any unregistered additive named in such notification to provide the information and assurances required by $ 79.14. The Administrator shall provide notification forms for the additive manufacturer's use. 879.13 Notification by the additive

manufacturer. (a) Any additive manufacturer who has been advised by the Administrator pursuant to $ 79.12, shall within 30 days

Ale with the Administrator a notification in accordance with 79.14. A separate notification shall be submitted for each additive. Each notification shall be signed by the additive manufacturer or his agent; and

(b) Any manufacturer of an additive designed for use in a fuel designated by the Administrator under Subpart D may file with the Administrator a notification in accordance with $ 79.14. A separate notification, signed by the additive manufacturer or his agent, shall be submitted for each such additive. It such additive manufacturer has complied with the provisions of this part requiring the submission of information and the giving of assurances for any such additive, the Administrator shall provide such additive manufacturer with a letter acknowledging that compliance, and stating that registration of such additive may be accomplished at such time as any fuel manufacturer or processor complies with the notification requirements of g 79.10. $ 79.14 Information and assurances to

be provided by the additive manufac

turer. Each notification submitted by the additive manufacturer shall include the following:

(a) The recommended range of concentration of the additive;

(b) The recommended purpose in the use of the additive, including:

(1) The function such additive is designed to perform, and

(2) Summaries of any information developed by or for the manufacturer concerning the mechanisms of action of the additive, reactions between the additive and the designated fuel, the identification and measurement of the emission products of the additive when used in the designated fuel, the effects of the additive on all emissions, and the toxicity or other effects of the emissions resulting from the use of the additive, together with assurances that additional information of this type which is developed by or for the manufacturer will be provided to the Administrator on April 1 of each year. Such submissions shall be &ccompanied by a description of the test procedures used in obtaining the information;

(c) The chemical composition of the additive;

« PreviousContinue »