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to an emission standard or limitation, shall include sufficient information to permit the recipient to identify the specific standard, limitation, or order which has allegedly been violated, the activity alleged to be in violation, the person or persons responsible for the alleged violation, the location of the alleged violation, the date or dates of such violation, and the full name and address of the person giving the notice.

emission standard or limitation, a copy of such notice shall be mailed to the Regional Administrator of the Environmental Protection Agency for the Region in which such violation is alleged to have occurred.

(b) Notice to State: Service of notice given to a State under this part regarding violation of an emission standard or limitation, or an order issued with respect to an emission standard or limitation shall be accomplished by certified mail addressed to an authorized representative of the state agency charged with responsibility for air pollution control in the State. A copy of such notice shall be mailed to the Governor of the State.

(c) Notice to alleged violator: Seryice of notice given to an alleged violator under this part shall be accomplished by certified mail addressed to, or by personal service upon, the owner or managing agent of the building, plant, installation, or facility alleged to be in violation of an emission standard or limitation, or an order issued with respect to an emission standard or limitation. Where the alleged violator is a corporation, a copy of such notice shall be sent by certified mail to the registered agent, if any, of such corporation in the State in which such violation is alleged to have occurred.

(d) Notice served in accordance with the provisions of this part shall be deemed given on the postmark date, if served by mail, or on the date of receipt, if personally served. § 54.3 Contents of notice.

(a) Failure to act. Notice regarding a failure of the Administrator to perform an act or duty which is not discretionary shall identify the provisions of the Act which requires such act or creates such duty, shall describe with reasonable specificity the action taken or not taken by the Administrator which is claimed to constitute a failure to perform such act or duty, and shall state the full name and address of the person giving the notice.

(b) Violation of standard, limitation or order. Notices to the Administrator, States, and alleged violators regarding violation of an emission standard or limitation or an order issued with respect

PART 60-STANDARDS OF PERFORM

ANCE FOR NEW STATIONARY SOURCES

Subpart A—General Provisions Sec. 60.1 Applicability. 60.2 Definitions. 60.3 Abbreviations. 60.4 Address. 60.5 Determination of construction or

modification. 60.6

Review of plans. 60.7 Notification and recordkeeping. 60.8 Performance tests. 60.9 Availability of information. 60.10 State authority. Subpart D-Standards of Performance for

Fossil Fuel-Fired Steam Generators 60.40 Applicability and designation of af

fected facility. 60.41 Definitions. 60.42 Standard for particulate matter. 60.43 Standard for sulfur dioxide. 60.44 Standard for nitrogen oxides. 60.45 Emission and fuel monitoring. 60.46 Test methods and procedures. Subpart Standards of Performance for

Incinerators 60.50 Applicability and designation of af

fected facility. 60.51 Definitions. 60.52 Standard for particulate matter. 60.53 Monitoring of operations. 60.54 Test methods and procedures. Subpart Standards of Performance for

Portland Cement Plants 60.60 Applicability and designation of

affected facility.

Definitions. 60.62 Standard for particulate matter. 60.63 Monitoring of operations. 60.64 Test methods and procedures. Subpart G-Standards of Performance for Nitric

Acid Plants 60.70 Applicability and designation of af

fected facility.

Sec.

tection Agency or his authorized repre60.71 Deinitions.

sentative. 60.72 Standard for nitrogen oxides.

(c) "Standard” means a standard of 60.73 Emission monitoring.

performance proposed or promulgated 60.74 Test methods and procedures.

under this part. Subpart H-Standards of Performance for Sulfuric (d) “Stationary source" means any Acid Plants

building, structure, facility, or installa

tion which emits or may emit any air 60.80 Applicability and designation of alfected facility.

pollutant. 60.81 Definitions.

(e) "Affected facility” means, with 60.82 Standard for sulfur dioxide.

reference to a stationary source, any ap60.83 Standard for acid mist.

paratus to which a standard is applicable. 60.84 Emission monitoring.

(f) "Owner or operator" means any 60.85 Test methods and procedures.

person who owns, leases, operates, conAPPENDIX-TEST METHODS

trols, or supervises an affected facility

or a stationary source of which an afMethod 1-Sample and velocity traverses for

fected facility is a part. stationary sources.

(g) "Construction" means fabrication, Method 2-Determination of stack gas velocity and volumetric flow rate (Type 8

erection, or installation of an affected pitot tube).

facility. Method 3—Gas analysis for carbon dioxide, (h) "Modification" means any physical

excess air, and dry molecular weight. change in, or change in the method of Method Determination of moisture In operation of, an affected facility which stack gases.

increases the amount of any air polMethod 5-Determination of particulate lutant (to which a standard applies)

emissions from stationary sources. emitted by such facility or which results Method 6-Determination of sulfur dioxide

in the emission of any air pollutant (to emissions from stationary sources.

which a standard applies) not previously Method 7-Determination of nitrogen oxide

emitted, except that: emissions from stationary sources.

(1) Routine maintenance, repair, and Method 8-Determination of sulfuric acid mist and sulfur dioxide emissions

replacement shall not be considered from stationary sources.

physical changes, and Method 9–Visual determination of the opac

(2) The following shall not be considity of emissions from stationary

ered a change in the method of sources,

operation: AUTHORITY: The provisions of this Part 60

(i) An increase in the production Issued under sections 111, 114, Clean Air Act;

rate, if such increase does not exceed the Public Law 91-604, 84 Stat. 1713.

operating design capacity of the affected SOURCE: The provisions of this Part 60 ap- facility; pear at 36 F.R. 24877, Dec. 23, 1971, unless (ii) An increase in hours of operation; otherwise noted.

(iii) Use of an alternative fuel or raw Subpart A-General Provisions

material if, prior to the date any stand

ard under this part becomes applicable $ 60.1 Applicability.

to such facility, as provided by $ 60.1, The provisions of this part apply to

the affected facility is designed to ac

commodate such alternative use. the owner or operator of any stationary

(i) "Commenced” means that an ownsource, which contains an affected facility the construction or modification of

er or operator has undertaken a conwhich is commenced after the date of

tinuous program of construction or

modification or that an owner or operapublication in this part of any proposed

tor has entered into a binding agreestandard applicable to such facility.

ment or contractual obligation to under$ 60.2 Definitions.

take and complete, within a reasonable As used in this part, all terms not time, a continuous program of construcdefined herein shall have the meaning tion or modification. given them in the Act:

(j) “Opacity” means the degree to (a) "Act" means the Clean Air Act which emissions reduce the transmission (42 U.S.C. 1857 et seq., as amended by of light and obscure the view of an object Public Law 91-604, 84 Stat. 1676). in the background.

(b) “Administrator" means the Ad- (k) “Nitrogen oxides" means all oxministrator of the Environmental Pro- Ides of nitrogen except nitrous oxide, as measured by test methods set forth in a determination of whether actions taken this part.

or intended to be taken by such owner or (1) "Standard of normal conditions" operator constitute construction or modimeans 70° Fahrenheit (21.1° centi- fication or the commencement thereof grade) and 29.92 in. Hg (760 mm. Hg). within the meaning of this part. (m) "Proportional sampling” means

$ 60.6 Review of plans. sampling at a rate that produces a constant ratio of sampling rate to stack gas

(a) When requested to do so by an Aow rate.

owner or operator, the Administrator will (n) "Isokinetic sampling" means

review plans for construction or modifisampling in which the linear velocity of

cation for the purpose of providing the gas entering the sampling nozzle is

technical advice to the owner or operator. equal to that of the undisturbed gas

(b) (1) A separate request shall be stream at the sample point.

submitted for each affected facility. (0) "Startup" means the setting in

(2) Each request shall (i) identify the operation of an affected facility for any

location of such affected facility, and (ii) purpose.

be accompanied by technical information

describing the proposed nature, size, $ 60.3 Abbreviations.

design, and method of operation of such The abbreviations used in this part facility, including information on any have the following meanings in both equipment to be used for measurement or capital and lower case:

control of emissions. B.t.u.-British thermal unit.

(c) Neither a request for plans review cal.-calorie(s).

nor advice furnished by the Administrac.f.m.-cubic feet per minute.

tor in response to such request shall (1) CO,-carbon dioxide.

relieve an owner or operator of legal 8.-gram(s).

responsibility for compliance with any gr.-grain(s).

provision of this part or of any applicable mg.-milligram(s).

State or local requirement, or (2) prevent mm.-millimeter(s).

the Administrator from implementing or 1.-liter(s).

enforcing any provision of this part or nm.—nanometer(s),-10-9 meter. ug.-microgram(8), 10-gram.

taking any other action authorized by the Hg.-mercury.

Act. in.-inch (es).

$ 60.7 Notification and record keeping. K-1,000. lb.-pound(s).

(a) Any owner or operator subject to ml.-milliliter(s).

the provisions of this part shall furnish No,-number.

the Administrator written notification as %-percent.

follows: NO-nitric oxide.

(1) A notification of the anticipated NO,-nitrogen dioxide. NO,-nitrogen oxides.

date of initial startup of an affected NM normal cubic meter.

facility not more than 60 days or less s.c.f.-standard cubic feet.

than 30 days prior to such date. SO,-sulfur dioxide.

(2) A notification of the actual date H,80,- sulfuric acid.

of initial startup of an affected facility So, sulfur trioxide.

within 15 days after such date. It._cubic feet.

(b) Any owner or operator subject to ft.square feet. min.-minute(s).

the provisions of this part shall maintain hr.-hour(s).

for a period of 2 years a record of the

occurrence and duration of any startup, $ 60.4 Address.

shutdown, or malfunction in operation of All applications, requests, submissions,

any affected facility. and reports under this part shall be sub- $ 60.8 Performance tests. mitted in triplicate and addressed to the

(a) Within 60 days after achieving the Environmental Protection Agency, Office

maximum production rate at which the of General Enforcement, Waterside Mall

affected facility will be operated, but not SW., Washington, DC 20460.

later than 180 days after initial startup $ 60.5 Determination of construction or of such facility and at such other times modification.

as may be required by the Administrator When requested to do so by an owner under section 114 of the Act, the owner or operator, the Administrator will make or operator of such facility shall conduct

performance test(s) and furnish the Ad- that (1) upon a showing satisfactory to ministrator a written report of the results the Administrator by any person that of such performance test(s).

such records, reports, or information, or (b) Performance tests shall be con- particular part thereof (other than ducted and results reported in accord- emission data), if made public, would ance with the test method set forth in divulge methods or processes entitled to this part or equivalent methods approved protection as trade secrets of such perby the Administrator; or where the Ad- son, the Administrator shall consider ministrator determines that emissions such records, reports, or information, or from the affected facility are not sus- particular part thereof, confidential in ceptible of being measured by such accordance with the purposes of section methods, the Administrator shall pre- 1905 of title 18 of the United States scribe alternative test procedures for Code, except that such records, reports, determining compliance with the re- or information, or particular part therequirements of this part.

of, may be disclosed to other officers, em(c) The owner or operator shall permit ployees, or authorized representatives of the Administrator to conduct perform- the United States concerned with carryance tests at any reasonable time, shall ing out the provisions of the Act or when cause the affected facility to be operated relevant in any proceeding under the for purposes of such tests under such Act; and (2) information received by the conditions as the Administrator shall Administrator solely for the purposes of specify based on representative perform- $$ 60.5 and 60.6 shall not be disclosed ance of the affected facility, and shall if it is identified by the owner or operamake available to the Administrator tor as being a trade secret or comsuch records as may be necessary to mercial or financial information which determine such performance.

such owner or operator considers (d) The owner or operator of an confidential. affected facility shall provide the Ad

$ 60.10 State authority. ministrator 10 days prior notice of the performance test to afford the Admin

The provisions of this part shall not istrator the opportunity to have an ob

be construed in any manner to preclude server present.

any State or political subdivision thereof (e) The owner or operator of an

from: affected facility shall provide, or cause to

(a) Adopting and enforcing any emisbe provided, performance testing facil

sion standard or limitation applicable to ities as follows:

an affected facility, provided that such (1) Sampling ports adequate for test

emission standard or limitation is not methods applicable to such facility.

less stringent than the standard appli(2) Safe sampling platform(s).

cable to such facility. (3) Safe access to sampling plat

(b) Requiring the owner or operator form (s).

of an affected facility to obtain permits, (4) Utilities for sampling and testing

licenses, or approvals prior to initiating equipment.

construction, modification, or operation

of such facility. (f) Each performance test shall consist of three repetitions of the applicable Subpart D—Standards of Performance test method. For the purpose of deter

for Fossil-Fuel Fired Steam Generators mining compliance with an applicable standard of performance, the average of

8 60.40 Applicability and designation of results of all repetitions shall apply.

affected facility. § 60.9 Availability of information.

The provisions of this subpart are ap

plicable to each fossil fuel-fired steam (a) Emission data provided to, or

generating unit of more than 250 million otherwise obtained by, the Administrator in accordance with the provisions of

B.t.u. per hour heat input, which is the this part shall be available to the public.

affected facility. (b) Except as provided in paragraph $ 60.41 Definitions. (a) of this section, any records, reports,

As used in this subpart, all terms not or information provided to, or otherwise obtained by, the Administrator in accord

defined herein shall have the meaning ance with the provisions of this part

given them in the Act, and in Subpart shall be available to the public, except A of this part.

(a) "Fossil fuel-fired steam generating unit” means a furnace or boiler used in the process of burning fossil fuel for the primary purpose of producing steam by heat transfer.

(b) "Fossil fuel” means natural gas, petroleum, coal and any form of solid, liquid, or gaseous fuel derived from such materials.

(c) “Particulate matter" means any finely divided liquid or solid material, other than uncombined water, as measured by Method 5. $ 60.42 Standard for particulate matter.

On and after the date on which the performance test required to be conducted by $ 60.8 is initiated no owner or operator su to the provisions of this part shall discharge or cause the discharge into the atmosphere of particulate matter which is:

(a) In excess of 0.10 lb. per million B.t.u. heat input (0.18 g. per million cal.) maximum 2-hour average.

(b) Greater than 20 percent opacity, except that 40 percent opacity shall be permissible for not more than 2 minutes in any hour.

(c) Where the presence of uncombined water is the only reason for failure to meet the requirements of paragraph (b) of this section such failure shall not be a violation of this section. 8 60.43 Standard for sulfur dioxide.

On and after the date on which the performance test required to be conducted by $ 60.8 is initiated no owner or operator subject to the provisions of this part shall discharge or cause the discharge into the atmosphere of sulfur dioxide in excess of:

(a) 0.80 lb. per million B.t.u. heat input (1.4 g. per million cal.), maximum 2hour average, when liquid fossil fuel is burned.

(b) 1.2 lbs. per million B.t.u. heat input (2.2 g. per million cal.), maximum 2hour average, when solid fossil fuel is burned.

(c) Where different fossil fuels are burned simultaneously in any combination, the applicable standard shall bedetermined by proration using the following formula:

y(0.80) + 2 (1.2)

y + 2 where: y is the percent of total heat input de

rived from liquid fossil fuel and,

z is the percent of total heat input derived

from solid fossil fuel. (d) Compliance shall be based on the total heat input from all fossil fuels burned, including gaseous fuels. [36 FR 24877, Dec. 23, 1971, as amended at 37 FR 14877, July 26, 1972] $ 60.44 Standard for nitrogen oxides.

On and after the date on which the performance test required to be conducted by $ 60.8 is initiated no owner or operator subject to the provisions of this part shall discharge or cause the discharge into the atmosphere of nitrogen oxides in excess of:

(a) 0.20 lb. per million B.t.u. heat input (0.36 g. per million cal.), maximum 2-hour average, expressed as NO2, when gaseous fossil fuel is burned.

(b) 0.30 lb. per million B.t.u. heat input (0.54 g. per million cal.), maximum 2-hour average, expressed as NO2, when liquid fossil fuel is burned.

(c) 0.70 lb. per million B.t.u. heat input (1.26 g. per million cal.), maximum 2-hour average, expressed as NO, when solid fossil fuel (except lignite) is burned.

(d) When different fossil fuels are burned simultaneously in any combination the applicable standard shall be determined by proration. Compliance shall be determined by using the following formula: x(0.20) +y(0.30) + z(0.70)

x+y+z where: x is the percent of total heat input derived

from gaseous fossil fuel and, y is the percent of total heat input derived

from liquid fossil fuel and, z is the percent of total heat input derived

from solid fossil fuel. $ 60.45 Emission and fuel monitoring.

(a) There shall be installed, calibrated, maintained, and operated, in any fossil fuel-fired steam generating unit subject to the provisions of this part, emission monitoring instruments as follows:

(1) A photoelectric or other type smoke detector and recorder, except where gaseous fuel is the only fuel burned.

(2) An instrument for continuously monitoring and recording sulfur dioxide emissions, except where gaseous fuel is the only fuel burned, or where compliance is achieved through low sulfur fuels and representative sulfur analysis of

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