Title 40—Protection of Environment--Volume 1
PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES
§ 60.533   What compliance and certification requirements must I meet and by when?
(a) Certification requirement. Each affected wood heater must be certified to be in compliance with the applicable emission standards and other requirements of this subpart. For each model line manufactured or sold by a single entity ( e.g., company or manufacturer), compliance with applicable emission standards of § 60.532 must be determined based on testing of representative affected wood heaters within the model line. If one entity licenses a model line to another entity, each entity's model line must be certified. If an entity intends to change the name of the entity or the name of the model, the manufacturer must apply for a new certification 60 days before the intended name change.
(1) Except for model lines meeting the requirements of paragraph (h)(1) of this section, on or after May 15, 2015, the manufacturer must submit to the Administrator the information required in paragraph (b) of this section and follow either the certification process in paragraphs (c) through (e) of this section or the third-party certifier-based application process specified in paragraph (f) of this section.
(2) On or after May 16, 2016, the manufacturer must submit the information required in paragraph (b) of this section and follow the third-party certifier-based application process specified in paragraph (f) of this section.
(b) Application for a certificate of compliance. Any manufacturer of an affected wood heater must apply to the Administrator for a certificate of compliance for each model line. The application must be submitted to: WoodHeaterReports@epa.gov. The application must be signed by a responsible representative of the manufacturer or an authorized representative and must contain the following:
(1) The model name and design number. The model name and design number must clearly distinguish one model from another. The name and design number cannot include the EPA symbol or logo or name or derivatives such as “EPA.”
(2) Engineering drawings and specifications of components that may affect emissions (including specifications for each component listed in paragraph (k)(2), (3) and (4) of this section). Manufacturers may use assembly or design drawings that have been prepared for other purposes, but must designate on the drawings the dimensions of each component listed in paragraph (k) of this section. Manufacturers must identify tolerances of components listed in paragraph (k)(2) of this section that are different from those specified in that paragraph, and show that such tolerances cannot reasonably be anticipated to cause wood heaters in the model line to exceed the applicable emission limits. The drawings must identify how the emission-critical parts, such as air tubes and catalyst, can be readily inspected and replaced.
(3) A statement whether the firebox or any firebox component (including the materials listed in paragraph (k)(3) of this section) will be composed of material different from the material used for the firebox or firebox component in the wood heater on which certification testing was performed, a description of any such differences and demonstration that any such differences may not reasonably be anticipated to adversely affect emissions or efficiency.
(4) Clear identification of any claimed confidential business information (CBI). Submit such information under separate cover to the EPA CBI Office; Attn: Residential Wood Heater Compliance Program Lead, 1200 Pennsylvania Ave. NW., Washington, DC 20004. Note that all emissions data, including all information necessary to determine emission rates in the format of the standard, cannot be claimed as CBI.
(5) All documentation pertaining to a valid certification test, including the complete test report and, for all test runs: Raw data sheets, laboratory technician notes, calculations and test results. Documentation must include the items specified in the applicable test methods. Documentation must include discussion of each test run and its appropriateness and validity, and must include detailed discussion of all anomalies, whether all burn rate categories were achieved, any data not used in the calculations and, for any test runs not completed, the data collected during the test run and the reason(s) that the test run was not completed and why. The burn rate for the low burn rate category must be no greater than the rate that an operator can achieve in home use and no greater than is advertised by the manufacturer or retailer. The test report must include a summary table that clearly presents the individual and overall emission rates, efficiencies and heat outputs. Submit the test report and all associated required information, according to the procedures for electronic reporting specified in § 60.537(f).
(6) A copy of the warranties for the model line, which must include a statement that the warranties are void if the unit is used to burn materials for which the unit is not certified by the EPA and void if not operated according to the owner's manual.
(7) A statement that the manufacturer will conduct a quality assurance program for the model line that satisfies the requirements of paragraph (m) of this section.
(8) A statement describing how the tested unit was sealed by the laboratory after the completion of certification testing and asserting that such unit will be stored by the manufacturer in the sealed state until 5 years after the certification test.
(9) Statements that the wood heaters manufactured under this certificate will be—
(i) Similar in all material respects that would affect emissions as defined in § 60.531 to the wood heater submitted for certification testing, and
(ii) Labeled as prescribed in § 60.536.
(iii) Accompanied by an owner's manual that meets the requirements in § 60.536. In addition, a copy of the owner's manual must be submitted to the Administrator and be available to the public on the manufacturer's Web site.
(10) A statement that the manufacturer has entered into contracts with an approved laboratory and an approved third-party certifier that satisfy the requirements of paragraph (f) of this section.
(11) A statement that the approved laboratory and approved third-party certifier are allowed to submit information on behalf of the manufacturer, including any claimed to be CBI.
(12) A statement that the manufacturer will place a copy of the certification test report and summary on the manufacturer's Web site available to the public within 30 days after the Administrator issues a certificate of compliance.
(13) A statement of acknowledgment that the certificate of compliance cannot be transferred to another manufacturer or model line without written approval by the Administrator.
(14) A statement acknowledging that it is unlawful to sell, distribute or offer to sell or distribute an affected wood heater without a valid certificate of compliance.
(15) Contact information for the responsible representative of the manufacturer and all authorized representatives, including name, affiliation, physical address, telephone number and email address.
(c) Administrator approval process. (1) The Administrator may issue a certificate of compliance for a model line if the Administrator determines, based on all information submitted by the applicant and any other relevant information available, that:
(i) A valid certification test demonstrates that the representative affected wood heater complies with the applicable emission standards in § 60.532;
(ii) Any tolerances or materials for components listed in paragraph (k)(2) or (3) of this section that are different from those specified in those paragraphs may not reasonably be anticipated to cause wood heaters in the model line to exceed the applicable emission limits; and
(iii) The requirements of paragraph (b) of this section have been met.
(2) The Administrator will deny certification if the Administrator determines that the criteria in paragraph (c)(1) of this section have not been satisfied. Upon denying certification under this paragraph, the Administrator will give written notice to the manufacturer setting forth the basis for this determination.
(d) Level of compliance certification. The Administrator will issue the certificate of compliance for the most stringent particulate matter emission standard that the tested representative wood heater meets under § 60.532.
(e) Conditional, temporary certificate of compliance. A conditional, temporary certificate of compliance may be granted by the Administrator until May 16, 2016 based on the manufacturer's submittal of a complete certification application meeting all the requirements in § 60.533(b). The application must include the full test report by an EPA-approved laboratory and all required compliance statements by the manufacturer with the exception of a certificate of conformity by an EPA-approved third-party certifier. The conditional, temporary certificate of compliance would allow manufacture and sales of the affected wood heater model line until May 16, 2016 or until the Administrator completes the review of the application, whichever is earlier. By May 16, 2016, the manufacturer must submit a certificate of conformity by an EPA-approved third-party certifier.
(f) Third-party c ertifier-based application process. (1) Any manufacturer of an affected wood heater must apply to the Administrator for a certificate of compliance for each model line. The manufacturer must meet the following requirements:
(i) The manufacturer must contract with a third-party certifier for certification services. The contract must include regular (at least annual) unannounced audits under ISO-IEC Standard 17065 to ensure that the manufacturer's quality assurance plan is being implemented. The contract must also include a report for each audit under ISO-IEC Standard 17065 that fully documents the results of the audit. The contract must include authorization and requirement for the third-party certifier to submit all such reports to the Administrator and the manufacturer within 30 days of the audit. The audit report must identify deviations from the manufacturer's quality assurance plan and specify the corrective actions that need to be taken to address each identified deficiency.
(ii) The manufacturer must submit the materials specified in paragraph (b) of this section and a quality assurance plan that meets the requirements of paragraph (m) of this section to the third-party certifier. The quality assurance plan must ensure that units within a model line will be similar in all material respects that would affect emissions to the wood heater submitted for certification testing, and it must include design drawings for the model line.
(iii) The manufacturer must apply to the third-party certifier for a certification of conformity with the applicable requirements of this subpart for the model line.
(A) After testing by an approved test laboratory is complete, certification of conformity with the emission standards in § 60.532 must be performed by the manufacturer's contracted third-party certifier.
(B) The third-party certifier may certify conformity if the emission tests have been conducted per the appropriate guidelines; the test report is complete and accurate; the instrumentation used for the test was properly calibrated; the test report shows that the representative affected wood heater meets the applicable emission limits specified in § 60.532; the quality assurance plan is adequate to ensure that units within the model line will be similar in all material respects that would affect emissions to the wood heater submitted for certification testing; and that the affected heaters would meet all applicable requirements of this subpart.
(iv) The manufacturer must then submit to the Administrator an application for a certificate of compliance that includes the certification of conformity, quality assurance plan, test report and all supporting documentation specified in paragraph (b) of this section.
(v) The submission also must include a statement signed by a responsible official of the manufacturer or authorized representative that the manufacturer has complied with and will continue to comply with all requirements of this subpart for certificate of compliance and that the manufacturer remains responsible for compliance regardless of any error by the test laboratory or third-party certifier.
(2) The Administrator will issue to the manufacturer a certificate of compliance for a model line if it is determined, based on all of the information submitted in the application for certification and any other relevant information, that:
(i) A valid certification of conformity has demonstrated that the representative affected wood heater complies with the applicable emission standards in § 60.532;
(ii) Any tolerances or materials for components listed in paragraph (k)(2) or (3) of this section that are different from those specified in those paragraphs may not be reasonably anticipated to cause wood heaters in the model line to exceed the applicable emission limits;
(iii) The requirements of paragraph (b) of this section have been met; and
(iv) A valid certificate of conformity for the model line has been prepared and submitted.
(3) The Administrator will deny certification if the Administrator determines that the criteria in paragraph (f)(2) of this section have not been satisfied. Upon denying certification under this paragraph, the Administrator will give written notice to the manufacturer setting forth the basis for the determination.
(g) Waiver from submitting test results. An applicant for certification may apply for a potential waiver of the requirement to submit the results of a certification test pursuant to paragraph (b)(5) of this section, if the wood heater meets either of the following conditions:
(1) The wood heaters of the model line are similar in all material respects that would affect emissions, as defined in § 60.531, to another model line that has already been issued a certificate of compliance. A manufacturer that seeks a waiver of certification testing must identify the model line that has been certified, and must submit a copy of an agreement with the owner of the design permitting the applicant to produce wood heaters of that design.
(2) The manufacturer has previously conducted a valid certification test to demonstrate that the wood heaters of the model line meet the applicable standard specified in § 60.532.
(h) Certification period. Unless revoked sooner by the Administrator, a certificate of compliance will be valid for the following periods as applicable:
(1) For a model line that was previously certified as meeting the 1990 Phase II emission standards under the 1988 NSPS, in effect prior to May 15, 2015, at an emission level equal to or less than the 2015 emission standards in § 60.532(a), the model line is deemed to have a certificate of compliance for the 2015 emission standards in § 60.532(a), which is valid until the effective date for the 2020 standards in § 60.532(b) ( i.e., until May 15, 2020).
(2) For a model line certified as meeting emission standards in § 60.532, a certificate of compliance will be valid for 5 years from the date of issuance or until a more stringent standard comes into effect, whichever is sooner.
(i) Renewal of certification. (1) The manufacturer must request renewal of a model line's certificate of compliance or recertify the model line every 5 years, or the manufacturer may choose to no longer manufacture or sell that model line after the expiration date. If the manufacturer chooses to no longer manufacture that model line, then the manufacturer must submit a statement to the Administrator to that effect.
(2) A manufacturer of an affected wood heater model line may apply to the Administrator for potential renewal of its certificate of compliance by submitting the material specified in paragraph (b) and following the procedures specified in paragraph (f) of this section, or by affirming in writing that the wood heaters in the model line continue to be similar in all material respects that would affect emissions to the representative wood heater submitted for testing on which the original certificate of compliance was based and requesting a potential waiver from certification testing. The application must include a copy of the review of the draft application and approval by the third-party certifier.
(3) If the Administrator grants a renewal of certification, the Administrator will give written notice to the manufacturer setting forth the basis for the determination and issue a certification renewal.
(4) If the Administrator denies the request for a renewal of certification, the Administrator will give written notice to the manufacturer setting forth the basis for the determination.
(5) If the Administrator denies the request for a renewal of certification, the manufacturer and retailer must not manufacture or sell the previously-certified wood heaters after the expiration date of the certificate of compliance.
(j) [Reserved]
(k) Recertification. (1) The manufacturer must recertify a model line whenever any change is made in the design submitted pursuant to paragraph (b)(2) of this section that affects or is presumed to affect the particulate matter emission rate for that model line. The manufacturer of an affected wood heater must apply to the Administrator for potential recertification by submitting the material specified in paragraph (b) and following the procedures specified in paragraph (f) of this section, or by affirming in writing that the change will not cause wood heaters in the model line to exceed applicable emission limits and requesting a potential waiver from certification testing. The application for recertification must be reviewed and approved by the contracted third-party certifier and a copy of the review and approval must be included. The Administrator may waive this requirement upon written request by the manufacturer, if the manufacturer presents adequate rationale and the Administrator determines that the change may not reasonably be anticipated to cause wood heaters in the model line to exceed the applicable emission limits. The granting of such a waiver does not relieve the manufacturer of any compliance obligations under this subpart.
(2) Any change in the design tolerances or actual dimensions of any of the following components (where such components are applicable) is presumed to affect particulate matter and carbon monoxide emissions and efficiency if that change exceeds ±0.64 cm (± 1/4 inch) for any linear dimension and ±5 percent for any cross-sectional area relating to air introduction systems and catalyst bypass gaps unless other dimensions and cross-sectional areas are previously approved by the Administrator under paragraph (c)(1)(ii) of this section:
(i) Firebox: Dimensions;
(ii) Air introduction systems: Cross-sectional area of restrictive air inlets and outlets, location and method of control;
(iii) Baffles: Dimensions and locations;
(iv) Refractory/insulation: Dimensions and location;
(v) Catalyst: Dimensions and location;
(vi) Catalyst bypass mechanism and catalyst bypass gap tolerances (when bypass mechanism is in closed position): Dimensions, cross-sectional area, and location;
(vii) Flue gas exit: Dimensions and location;
(viii) Door and catalyst bypass gaskets: Dimensions and fit;
(ix) Outer thermal shielding and thermal coverings: Dimensions and location;
(x) Fuel feed system: For wood heaters that are designed primarily to burn pellet fuel or wood chips and other wood heaters equipped with a fuel feed system, the fuel feed rate, auger motor design and power rating, and the angle of the auger to the firebox; and
(xi) Forced-air combustion system: For wood heaters so equipped, the location and horsepower of blower motors and the fan blade size.
(3) Any change in the materials used for the following components is presumed to affect particulate matter emissions and efficiency:
(i) Refractory/insulation; or
(ii) Door and catalyst bypass gaskets.
(4) A change in the make, model or composition of a catalyst is presumed to affect particulate matter and carbon monoxide emissions and efficiency, unless the change has been requested by the heater manufacturer and has been approved in advance by the Administrator, based on test data that demonstrate that the replacement catalyst is equivalent to or better than the original catalyst in terms of particulate matter emission reduction.
(l) Criteria for revocation of certification. (1) The Administrator may revoke certification if it is determined that the wood heaters being manufactured or sold in that model line do not comply with the requirements of this subpart. Such a determination will be based on all available evidence, including but not limited to:
(i) Test data from a retesting of the original unit on which the certification test was conducted or a unit that is similar in all material respects that would affect emissions;
(ii) A finding that the certification test was not valid. The finding will be based on problems or irregularities with the certification test or its documentation, but may be supplemented by other information;
(iii) A finding that the labeling of the wood heater model line, the owner's manual or the associated marketing information does not comply with the requirements of § 60.536;
(iv) Failure by the manufacturer to comply with reporting and recordkeeping requirements under § 60.537;
(v) Physical examination showing that a significant percentage (as defined in the quality assurance plan approved pursuant to paragraph (m) of this section, but no larger than 1 percent) of production units inspected is not similar in all material respects that would affect emissions to the representative affected wood heater submitted for certification testing;
(vi) Failure of the manufacturer to conduct a quality assurance program in conformity with paragraph (m) of this section; or
(vii) Failure of the approved laboratory to test the wood heater using the methods specified in § 60.534.
(2) Revocation of certification under this paragraph (l) will not take effect until the manufacturer concerned has been given written notice by the Administrator setting forth the basis for the proposed determination and an opportunity to request a hearing under § 60.539.
(m) Quality assurance program. On or after May 16, 2016, for each certified model line, the manufacturer must conduct a quality assurance program that satisfies the requirements of paragraphs (m)(1) through (5) of this section. The quality assurance program requirements of this paragraph (m) supersede the quality assurance plan requirements previously specified in § 60.533(o) that was in effect prior to May 15, 2015. The manufacturer of a model line with a compliance certification under paragraph (h)(1) of this section must conduct a quality assurance program that satisfies the requirements of this paragraph (m) by May 16, 2016.
(1) The manufacturer must prepare and operate according to a quality assurance plan for each certified model line that includes specific inspection and testing requirements for ensuring that all units within a model line are similar in all material respects that would affect emissions to the wood heater submitted for certification testing and meet the emissions standards in § 60.532.
(2) The quality assurance plan must be approved by the third-party certifier as part of the certification of conformity process specified in paragraph (f) of this section.
(3) The quality assurance plan must include regular (at least annual) unannounced audits by the third-party certifier under ISO-IEC Standard 17065 to ensure that the manufacturer's quality assurance plan is being implemented.
(4) The quality assurance plan must include a report for each audit under ISO-IEC Standard 17065 that fully documents the results of the audit. The third-party certifier must be authorized and required to submit all such reports to the Administrator and the manufacturer within 30 days of the audit. The audit report must identify deviations from the manufacturer's quality assurance plan and specify the corrective actions that need to be taken to address each identified deficiency.
(5) Within 30 days after receiving each audit report, the manufacturer must report to the third-party certifier and to the Administrator its corrective actions and responses to any deficiencies identified in the audit report. No such report is required if an audit report did not identify any deficiencies.
(n) EPA compliance audit testing. (1)(i) The Administrator may select by written notice wood heaters or model lines for compliance audit testing to determine compliance with the emission standards in § 60.532.
(ii) The Administrator will transmit a written notification of the selected wood heaters or model line(s) to the manufacturer, which will include the name and address of the laboratory selected to perform the audit test and the model name and serial number of the wood heater(s) or model line(s) selected to undergo audit testing.
(2)(i) The Administrator may test, or direct the manufacturer to have tested, a wood heater or a wood heater from the model line(s) selected under paragraph (n)(1)(i) of this section in a laboratory approved under § 60.535. The Administrator may select any approved test laboratory or federal laboratory for this audit testing.
(ii) The expense of the compliance audit test is the responsibility of the wood heater manufacturer.
(iii) The test must be conducted using the same test method used to obtain certification. If the certification test consisted of more than one particulate matter sampling test method, the Administrator may direct the manufacturer and test laboratory as to which of these methods to use for the purpose of audit testing. The Administrator will notify the manufacturer at least 30 days prior to any test under this paragraph, and allow the manufacturer and/or his authorized representatives to observe the test.
(3) Revocation of certification. (i) If emissions from a wood heater tested under paragraph (n)(2) of this section exceed the applicable emission standard by more than 50 percent using the same test method used to obtain certification, the Administrator will notify the manufacturer that certification for that model line is suspended effective 72 hours from the receipt of the notice, unless the suspension notice is withdrawn by the Administrator. The suspension will remain in effect until withdrawn by the Administrator, or the date 30 days from its effective date if a revocation notice under paragraph (n)(3)(ii) of this section is not issued within that period, or the date of final agency action on revocation, whichever occurs earliest.
(ii)(A) If emissions from a wood heater tested under paragraph (n)(2) of this section exceed the applicable emission limit, the Administrator will notify the manufacturer that certification is revoked for that model line.
(B) A revocation notice under paragraph (n)(3)(ii)(A) of this section will become final and effective 60 days after the date of written notification to the manufacturer, unless it is withdrawn, a hearing is requested under § 60.539(a)(2), or the deadline for requesting a hearing is extended.
(C) The Administrator may extend the deadline for requesting a hearing for up to 60 days for good cause.
(D) A manufacturer may extend the deadline for requesting a hearing for up to 6 months, by agreeing to a voluntary suspension of certification.
(iii) Any notification under paragraph (n)(3)(i) or (n)(3)(ii) of this section will include a copy of a preliminary test report from the approved test laboratory or federal test laboratory. The test laboratory must provide a preliminary test report to the Administrator within 14 days of the completion of testing, if a wood heater exceeds the applicable emission limit in § 60.532. The test laboratory must provide the Administrator and the manufacturer, within 30 days of the completion of testing, all documentation pertaining to the test, including the complete test report and raw data sheets, laboratory technician notes, and test results for all test runs.
(iv) Upon receiving notification of a test failure under paragraph (n)(3)(ii) of this section, the manufacturer may request that up to four additional wood heaters from the same model line be tested at the manufacturer's expense, at the test laboratory that performed the emissions test for the Administrator.
(v) Whether or not the manufacturer proceeds under paragraph (n)(3)(iv) of this section, the manufacturer may submit any relevant information to the Administrator, including any other test data generated pursuant to this subpart. The manufacturer must bear the expense of any additional testing.
(vi) The Administrator will withdraw any notice issued under paragraph (n)(3)(ii) of this section if tests under paragraph (n)(3)(iv) of this section show either—
(A) That exactly four additional wood heaters were tested for the manufacturer and all four met the applicable emission limits; or
(B) That exactly two additional wood heaters were tested for the manufacturer and each of them met the applicable emission limits and the average emissions of all three tested heaters (the original audit heater and the two additional heaters) met the applicable emission limits.
(vii) If the Administrator withdraws a notice pursuant to paragraph (n)(3)(vi) of this section, the Administrator will revise the certification values for the model line based on the test data and other relevant information. The manufacturer must then revise the model line's labels and marketing information accordingly.
(viii) The Administrator may withdraw any proposed revocation, if the Administrator finds that an audit test failure has been rebutted by information submitted by the manufacturer under paragraph (n)(3)(iv) of this section and/or (n)(3)(v) of this section or by any other relevant information available to the Administrator.
§ 60.534   What test methods and procedures must I use to determine compliance with the standards and requirements for certification?
Test methods and procedures specified in this section or in appendices of this part, except as provided under § 60.8(b), must be used to determine compliance with the standards and requirements for certification under §§ 60.532 and 60.533 and for reporting carbon monoxide emissions and efficiency as follows:
(a)(1) For affected wood heaters subject to the 2015 and 2020 particulate matter emission standards of §§ 60.532(a) and (b), the manufacturer must have an EPA-approved test laboratory conduct testing according to paragraphs (a)(1)(i) or (ii) of this section. The manufacturer or manufacturer's authorized representative must submit a summary and the full test reports with all supporting information, including detailed discussion of all anomalies, whether all burn rate categories were properly achieved, any data not used in the calculations and, for any test runs not completed, the data that were collected and the reason that the test run was not completed. The burn rate for the low burn rate category must be no greater than the rate that an operator can achieve in home use and no greater than is advertised by the manufacturer or retailer. The manufacturer has the option of submitting test results obtained pursuant to either paragraph (a)(1)(i) or (ii) of this section to the Administrator as specified under § 60.537 as part of a request for a certification of compliance.
(i) Conduct testing with crib wood using EPA Method 28R of appendix A-8 of this part or an alternative crib wood test method approved by the Administrator or the ASTM E2779-10 (IBR, see § 60.17) pellet heater test method to establish the certification test conditions and the particulate matter emission values.
(ii) Conduct testing with cord wood using an alternative cord wood test method approved by the Administrator to establish the certification test conditions and the particulate matter emission values.
(2) For the 2020 cord wood alternative means of compliance option specified in § 60.532(c), the manufacturer must have an EPA-approved test laboratory conduct testing with cord wood using an alternative cord wood test method approved by the Administrator to establish the certification test conditions and the particulate matter emission values.
(b) [Reserved]
(c) For affected wood heaters subject to the 2015 and 2020 particulate matter emission standards specified in § 60.532(a) through (c), particulate matter emission concentrations must be measured with ASTM E2515-11 (IBR, see § 60.17) with the following exceptions: eliminate section 9.6.5.1 of ASTM E2515-11 and perform the post-test leak checks as described in paragraph (c)(1) of this section. Additionally, if a component change of either sampling train is needed during sampling, then perform the leak check specified in paragraph (c)(2) of this section. Four-inch filters and Teflon membrane filters or Teflon-coated glass fiber filters may be used in ASTM E2515-11.
(1) Post-test leak check. A leak check of each sampling train is mandatory at the conclusion of each sampling run before sample recovery. The leak check must be performed in accordance with the procedures of ASTM E2515-11, section 9.6.4.1 (IBR, see § 60.17), except that it must be conducted at a vacuum equal to or greater than the maximum value reached during the sampling run. If the leakage rate is found to be no greater than 0.0003 m 3 /min (0.01 cfm) or 4% of the average sampling rate (whichever is less), the leak check results are acceptable. If a higher leakage rate is obtained, the sampling run is invalid.
(2) Leak checks during sample run. If, during a sampling run, a component ( e.g., filter assembly) change becomes necessary, a leak check must be conducted immediately before the change is made. Record the sample volume before and after the leak test. The sample volume collected during any leak checks must not be included in the total sample volume for the test run. The leak check must be done according to the procedure outlined in ASTM E2515-11, section 9.6.4.1 (IBR, see § 60.17), except that it must be done at a vacuum equal to or greater than the maximum value recorded up to that point in the sampling run. If the leakage rate is found to be no greater than 0.0003 m 3 /min (0.01 cfm) or 4% of the average sampling rate (whichever is less), the leak check results are acceptable. If a higher leakage rate is obtained, the sampling run is invalid.
Immediately after component changes, leak checks are optional but highly recommended. If such leak checks are done, the procedure in paragraph (c)(1) of this section should be used.
(d) For all tests conducted using ASTM E2515-11 (IBR, see § 60.17), with the exceptions described in paragraphs (c)(1) and (2) of this section, and pursuant to this section, the manufacturer and approved test laboratory must also measure the first hour of particulate matter emissions for each test run by sampling with a third, identical and independent sampling train operated concurrently for the first hour of PM paired train compliance testing according to paragraph (c) of this section. The manufacturer and approved test laboratory must report the test results from this third train separately as the first hour emissions.
(e) The manufacturer must have the approved test laboratory measure the efficiency, heat output and carbon monoxide emissions of the tested wood heater using Canadian Standards Administration (CSA) Method B415.1-10 (IBR, see § 60.17), section 13.7.
(f) Douglas fir may be used in ASTM E2779-10, ASTM E2780-10 and CSA B415.1-10 (IBR, see § 60.17).
(g) The manufacturer of an affected wood heater model line must notify the Administrator of the date that certification testing is scheduled to begin by email to WoodHeaterReports@epa.gov . This notice must be received by the EPA at least 30 days before the start of testing. The notification of testing must include the manufacturer's name and physical and email addresses, the approved test laboratory's name and physical and email addresses, the third-party certifier name, the model name and number (or, if unavailable, some other way to distinguish between models), and the dates of testing. The laboratory may substitute certification testing of another affected wood heater on the original date in order to ensure regular laboratory testing operations.
(h) The approved test laboratory must allow the manufacturer, the manufacturer's approved third-party certifier, the EPA and delegated state regulatory agencies to observe certification testing. However, manufacturers must not involve themselves in the conduct of the test after the pretest burn has begun. Communications between the manufacturer and laboratory or third-party certifier personnel regarding operation of the wood heater must be limited to written communications transmitted prior to the first pretest burn of the certification test series. During certification tests, the manufacturer may communicate with the third-party certifier, and only in writing, to notify them that the manufacturer has observed a deviation from proper test procedures by the laboratory. All communications must be included in the test documentation required to be submitted pursuant to § 60.533(b)(5) and must be consistent with instructions provided in the owner's manual required under § 60.536(g).
§ 60.535   What procedures must I use for EPA approval of a test laboratory or EPA approval of a third-party certifier?
(a) Test laboratory approval. (1) A laboratory must apply to the Administrator for approval to test under this rule by submitting documentation that the laboratory is accredited by a nationally recognized accrediting entity under ISO-IEC Standard 17025 to perform testing using the test methods specified under § 60.534. Laboratories accredited by EPA prior to May 15, 2015 may have until March 16, 2018 to submit documentation that they have accreditation under ISO-IEC Standard 17025 to perform testing using the test methods specified under § 60.534. ISO accreditation is required for all other laboratories performing testing beginning on November 16, 2015.
(2) As part of the application, the test laboratory must:
(i) Agree to participate biennially in an independently operated proficiency testing program with no direct ties to the participating laboratories;
(ii) Agree to allow the Administrator, regulatory agencies and third-party certifiers access to observe certification testing;
(iii) Agree to comply with calibration, reporting and recordkeeping requirements that affect testing laboratories; and
(iv) Agree to perform a compliance audit test at the manufacturer's expense at the testing cost normally charged to such manufacturer if the laboratory is selected by the Administrator to conduct the compliance audit test of the manufacturer's model line. The test laboratory must provide a preliminary audit test report to the Administrator within 14 days of the completion of testing, if the tested wood heater exceeds the applicable emission limit in § 60.532. The test laboratory must provide the Administrator and the manufacturer, within 30 days of the completion of audit testing, all documentation pertaining to the test, including the complete test report and raw data sheets, laboratory technician notes, and test results for all test runs.
(v) Have no conflict of interest and receive no financial benefit from the outcome of certification testing conducted pursuant to § 60.533.
(vi) Agree to not perform initial certification tests on any models manufactured by a manufacturer for which the laboratory has conducted research and development design services within the last 5 years.
(vii) Agree to seal any wood heater on which it performed certification tests, immediately upon completion or suspension of certification testing, by using a laboratory-specific seal.
(viii) Agree to immediately notify the Administrator of any suspended tests through email and in writing, giving the date suspended, the reason(s) why, and the projected date for restarting. The laboratory must submit the operation and test data obtained, even if the test is not completed.
(3) If the EPA approves the laboratory, the Administrator will provide the test laboratory with a certificate of approval for testing under this rule. If the EPA does not approve the laboratory, the Administrator will give written notice to the laboratory setting forth the basis for the determination.
(b) Revocation of test laboratory approval. (1) The Administrator may revoke the EPA laboratory approval if it is determined that the laboratory:
(i) Is no longer accredited by the accreditation body;
(ii) Does not follow required procedures or practices;
(iii) Has falsified data or otherwise misrepresented emission data;
(iv) Has failed to participate in a proficiency testing program, in accordance with its commitment under paragraph (a)(2)(i) of this section; or
(v) Has failed to seal a wood heater in accordance with paragraph (a)(2)(vii) of this section.
(2) Revocation of approval under this paragraph (b) will not take effect until the laboratory concerned has been given written notice by the Administrator setting forth the basis for the proposed determination and an opportunity for a hearing under § 60.539. However, if revocation is ultimately upheld, all tests conducted by the laboratory after written notice was given will, at the discretion of the Administrator, be declared invalid.
(c) Period of test laboratory approval (1) With the exception of laboratories meeting the provisions of paragraph (c)(2) of this section, and unless revoked sooner, a certificate of approval for testing under this rule is valid for 5 years from the date of issuance.
(2) Laboratories accredited by the EPA by May 15, 2015, under the provisions of § 60.535 as in effect prior to that date may continue to be EPA accredited and deemed EPA approved for testing under this subpart until May 15, 2018, at which time the EPA accreditation and approval ends unless the laboratory has obtained accreditation under § 60.535 as in effect on that date.
(d) Third-party certifier approval. (1) A third-party certifier may apply to the Administrator for approval to be an EPA-approved third-party certifier by submitting credentials demonstrating that it has been accredited by a nationally recognized accrediting entity to perform certifications and inspections under ISO-IEC Standard 17025, ISO-IEC Standard 17065 and ISO-IEC Standard 17020.
(2) As part of the application, the third-party certifier must:
(i) Agree to offer to contract with wood heater manufacturers to perform third-party certification activities according to the requirements of this subpart;
(ii) Agree to periodically conduct audits as described in § 60.533(m) and the manufacturer's quality assurance program;
(iii) Agree to comply with reporting and recordkeeping requirements that affect approved wood heater testing laboratories and third-party certifiers;
(iv) Have no conflict of interest and receive no financial benefit from the outcome of certification testing conducted pursuant to § 60.533;
(v) Agree to make available to the Administrator supporting documentation for each wood heater certification and audit; and
(vi) Agree to not perform initial certification reviews on any models manufactured by a manufacturer for which the third-party certifier has conducted research and development design services within the last 5 years.
(3) If approved, the Administrator will provide the third-party certifier with a certificate of approval. The approval will expire 5 years after being issued unless renewed by the third-party certifier. If the EPA denies the approval, the Administrator will give written notice to the third-party certifier for the basis for the determination.
(e) Revocation of third-party certifier approval. (1) The Administrator will revoke a third-party certifier's EPA approval if it is determined that the certifier;
(i) Is no longer accredited by the accreditation body;
(ii) Does not follow required procedures or practices; or
(iii) Has falsified certification data or otherwise misrepresented emission data.
(2) Revocation of approval under this paragraph (e) will not take effect until the certifier concerned is given written notice by the Administrator setting forth the basis for the proposed determination and an opportunity for a hearing under § 60.539. However, if revocation is upheld, all certifications by the certifier after written notice was given will, at the discretion of the Administrator, be declared invalid.
§ 60.536   What requirements must I meet for permanent labels, temporary labels (hangtags), and owner's manuals?
(a) General permanent label requirements. (1) Each affected wood heater manufactured on or after the date the applicable standards come into effect as specified in § 60.532, must have a permanent label affixed to it that meets the requirements of this section.
(2) Except for wood heaters subject to § 60.530(b)(1) through (5), the permanent label must contain the following information:
(i) Month and year of manufacture of the individual unit;
(ii) Model name or number;
(iii) Certification test emission value, test method and standard met ( e.g., 2015, 2020 crib wood, or 2020 cord wood); and
(iv) Serial number.
(3) The permanent label must:
(i) Be affixed in a readily visible or readily accessible location in such a manner that it can be easily viewed before and after the appliance is installed (an easily-removable facade may be used for aesthetic purposes, however the bottom of a free-standing heater is not considered to be readily visible or readily accessible);
(ii) Be at least 8.9 cm long and 5.1 cm wide (3 1/2 inches long and 2 inches wide);
(iii) Be made of a material expected to last the lifetime of the wood heater;
(iv) Present the required information in a manner so that it is likely to remain legible for the lifetime of the wood heater; and
(v) Be affixed in such a manner that it cannot be removed from the appliance without damage to the label.
(4) The permanent label may be combined with any other label, as long as the required information is displayed, the integrity of the permanent label is not compromised, and the permanent label meets the requirements in § 60.536(a)(3).
(5) Any label statement under paragraph (b) or (c) of this section constitutes a representation by the manufacturer as to any wood heater that bears it:
(i) That a certification of compliance was in effect at the time the wood heater left the possession of the manufacturer;
(ii) That the manufacturer was, at the time the label was affixed, conducting a quality assurance program in conformity with § 60.533(m); and
(iii) That all wood heaters individually tested for emissions by the manufacturer under its quality assurance program pursuant to § 60.533(m) met the applicable emissions limits.
(b) Permanent label requirements for adjustable burn rate wood heaters and pellet stoves. If an adjustable burn rate wood heater or pellet stove belongs to a model line certified under § 60.533, and no wood heater in the model line has been found to exceed the applicable emission limits or tolerances through quality assurance testing, one of the following statements, as appropriate, must appear on the permanent label:
(c) Permanent label requirements for single burn rate wood heaters. If the single burn rate wood heater belongs to a model line certified under § 60.533, and no heater in the model line has been found to exceed the applicable emission limits or tolerances through quality assurance testing, one of the following statements, as appropriate, must appear on the permanent label:
(d) Additional permanent label content. The permanent label for all certified wood heaters must also contain the following statement:
“This wood heater needs periodic inspection and repair for proper operation. Consult the owner's manual for further information. It is against federal regulations to operate this wood heater in a manner inconsistent with the operating instructions in the owner's manual.”
(e) Permanent label requirements for affected wood heaters with exemptions under § 60.530(b). (1) If an affected wood heater is manufactured in the United States for export as provided in § 60.530(b)(1), the following statement must appear on the permanent label:
(2) If an affected wood heater is manufactured for use for research and development purposes as provided in § 60.530(b)(2), the following statement must appear on the permanent label:
(3) If a wood heater is exclusively a non-wood-burning heater as provided § 60.530(b)(3), the following statement must appear on the permanent label:
(4) If an affected wood heater is a cook stove that meets the definition in § 60.531, the following statement must appear on the permanent label:
(5) If an affected wood heater is a camp stove that meets the definition in § 60.531, the following statement must appear on the permanent label:
(f) Temporary label (hangtag) voluntary option. (1) Each model certified to meet the 2020 particulate matter emission standards of § 60.532(b) prior May 15, 2020 may display the temporary labels (hangtags) specified in section 3 of appendix I of this part. The electronic template will be provided by the Administrator upon approval of the certification.
(2) The hangtags in paragraph (f)(1) of this section end on May 15, 2020.
(3) Each model certified to meet the 2020 Cord Wood Alternative Compliance Option of § 60.532(c) may display the cord wood temporary label specified in section 3 of appendix I of this part. The electronic template will be provided by the Administrator upon approval of the certification.
(g) Owner's manual requirements. (1) Each affected wood heater offered for sale by a commercial owner must be accompanied by an owner's manual that must contain the information listed in paragraph (g)(2) of this section (pertaining to installation) and paragraph (g)(3) of this section (pertaining to operation and maintenance). Such information must be adequate to enable consumers to achieve optimal emissions performance. Such information must be consistent with the operating instructions provided by the manufacturer to the approved test laboratory for operating the wood heater during certification testing, except for details of the certification test that would not be relevant to the user. The commercial owner must also make current and historical owner's manuals available on the company Web site and upon request to the EPA.
(2) Guidance on proper installation, include stack height, location and achieving proper draft.
(3) Proper operation and maintenance information, including minimizing visible emissions:
(i) Fuel loading and re-loading procedures; recommendations on fuel selection and warnings on what fuels not to use, such as unseasoned wood, treated wood, colored paper, cardboard, solvents, trash and garbage;
(ii) Fire starting procedures;
(iii) Proper use of air controls, including how to establish good combustion and how to ensure good combustion at the lowest burn rate for which the heater is warranted;
(iv) Ash removal procedures;
(v) Instructions for replacement of gaskets, air tubes and other parts that are critical to the emissions performance of the unit, and other maintenance and repair instructions;
(vi) For catalytic or hybrid models, information on the following pertaining to the catalytic combustor: Procedures for achieving and maintaining catalyst activity, maintenance procedures, procedures for determining deterioration or failure, procedures for replacement and information on how to exercise warranty rights;
(vii) For catalytic or hybrid models, the following statement—
(viii) For noncatalytic models, the following statement—
(4) Any manufacturer using the EPA-recommended language contained in appendix I of this part to satisfy any requirement of this paragraph (g) will be considered to be in compliance with that requirement, provided that the particular language is printed in full, with only such changes as are necessary to ensure accuracy for the particular wood heater model line.
(h) Wood heaters that are affected by this subpart, but that have been owned and operated by a noncommercial owner, are not subject to paragraphs (f) and (g) of this section when offered for resale.
§ 60.537   What records must I keep and what reports must I submit?
(a)(1) Each manufacturer who holds a certificate of compliance pursuant to § 60.533(c), (e) or (f) for a model line must maintain records containing the information required by paragraph (a)(2) through (4) of this section with respect to that model line for at least 5 years.
(2) All documentation pertaining to the certification test used to obtain certification, including the full test report and raw data sheets, laboratory technician notes, calculations, the test results for all test runs, and discussions of the appropriateness and validity of all test runs, including runs attempted but not completed. The retained certification test documentation must include, as applicable, detailed discussion of all anomalies, whether all burn rate categories were properly achieved, any data not used in the calculations and, for any test runs not completed, the data that were collected and the reason that the test run was not completed. The retained certification test also must include documentation that the burn rate for the low burn rate category was no greater than the rate that an operator can achieve in home use and no greater than is advertised by the manufacturer or retailer.
(3) Results of the quality assurance program inspections pursuant to § 60.533(m).
(4) For emissions tests conducted pursuant to the quality assurance program required by § 60.533(m), all test reports, data sheets, laboratory technician notes, calculations, and test results for all test runs, the corrective actions taken, if any, and any follow-up actions such as additional testing.
(b) Each approved test laboratory and third-party certifier must maintain records consisting of all documentation pertaining to each certification test, quality assurance program inspection and audit test, including the full test report and raw data sheets, technician notes, calculations, and the test results for all test runs. Each approved test laboratory must submit accreditation credentials and all proficiency test results to the Administrator. Each third-party certifier must submit each certification test, quality assurance program inspection report and ISO IEC accreditation credentials to the Administrator.
(c) Each manufacturer must retain each wood heater upon which certification tests were performed based upon which certification was granted under § 60.533(c) or (f) at the manufacturer's facility for a minimum of 5 years after the certification test. Each wood heater must remain sealed and unaltered. Any such wood heater must be made available to the Administrator upon request for inspection and testing.
(d) Each manufacturer of an affected wood heater model line certified under § 60.533(c) or (f) must submit a report to the Administrator every 2 years following issuance of a certificate of compliance for each model line. This report must include the sales for each model by state and certify that no changes in the design or manufacture of this model line have been made that require recertification under § 60.533(k).
(e)(1) Unless otherwise specified, all records required under this section must be maintained by the manufacturer, commercial owner of the affected wood heater, approved test laboratory or third-party certifier for a period of no less than 5 years.
(2) Unless otherwise specified, all reports to the Administrator required under this subpart must be made to: WoodHeaterReports@epa.gov.
(f) Within 60 days after the date of completing each performance test, e.g., initial certification test, tests conducted for quality assurance, and tests for renewal or recertification, each manufacturer must submit the performance test data electronically to WoodHeaterReports@epa.gov. Owners or operators who claim that some of the information being submitted is CBI ( e.g., design drawings) must submit a complete file, including the information claimed to be CBI, on a compact disk or other commonly used electronic storage media (including, but not limited to, flash drives) by mail, and the same file, with the CBI omitted, electronically. The compact disk must be clearly marked as CBI and mailed to U.S. EPA, OECA CBI Office, Attention: Residential Wood Heater Compliance Program Lead, 1200 Pennsylvania Avenue NW., Washington, DC 20004. Emission data, including all information necessary to determine compliance, except sensitive engineering drawings and sensitive detailed material specifications, may not be claimed as CBI.
(g) Within 30 days of receiving a certification of compliance for a model line, the manufacturer must make the full non-CBI test report and the summary of the test report available to the public on the manufacturer's Web site.
(h) Each manufacturer who uses the exemption for R&D heaters under § 60.530(b)(2) must maintain records for at least 5 years documenting where the heaters were located, that the heaters were never offered for sale or sold and that the heaters were not used for the purpose of heating.
§ 60.538   What activities are prohibited under this subpart?
(a) No person is permitted to advertise for sale, offer for sale, sell or operate an affected wood heater that does not have affixed to it a permanent label pursuant to § 60.536 (b) through (e), as applicable.
(b) No person is permitted to advertise for sale, offer for sale, or sell an affected wood heater labeled under § 60.536(e)(1) except for export. No person is permitted to operate an affected wood heater in the United States if it is labeled under § 60.536(e)(1).
(c)(1) No commercial owner is permitted to advertise for sale, offer for sale or sell an affected wood heater permanently labeled under § 60.536 (b) through (d), as applicable, unless:
(i) The affected wood heater has been certified to comply with the 2015 or 2020 particulate matter emission standards pursuant to § 60.532, as applicable. This prohibition does not apply to wood heaters affected by this subpart that have been previously owned and operated by a noncommercial owner; and
(ii) The commercial owner provides any purchaser or transferee with an owner's manual that meets the requirements of § 60.536(g) and a copy of the warranty.
(2) No commercial owner is permitted to advertise for sale, offer for sale, or sell an affected wood heater permanently labeled under § 60.536(b) and (c), unless the affected wood heater has been certified to comply with the 2015 or 2020 particulate matter emission standards of § 60.532, as applicable.
(3) A commercial owner other than a manufacturer complies with the requirements of paragraph (c)(1) of this section if the commercial owner—
(i) Receives the required documentation from the manufacturer or a previous commercial owner; and
(ii) Provides that documentation unaltered to any person to whom the wood heater that it covers is sold or transferred.
(d)(1) In any case in which the Administrator revokes a certificate of compliance either for the submission of false or inaccurate information or other fraudulent acts, or based on a finding under § 60.533(l)(1)(ii) that the certification test was not valid, the Administrator may give notice of that revocation and the grounds for it to all commercial owners.
(2) On and after the date of receipt of the notice given under paragraph (d)(1) of this section, no commercial owner is permitted to sell any wood heater covered by the revoked certificate (other than to the manufacturer) unless the model line has been recertified in accordance with this subpart.
(e) No person is permitted to install or operate an affected wood heater except in a manner consistent with the instructions on its permanent label and in the owner's manual pursuant to § 60.536(g), including only using fuels for which the unit is certified.
(f) No person is permitted to operate, sell or offer for sale an affected wood heater that was originally equipped with a catalytic combustor if the catalytic element is deactivated or removed.
(g) No person is permitted to operate, sell or offer for sale an affected wood heater that has been physically altered to exceed the tolerance limits of its certificate of compliance, pursuant to § 60.533(k).
(h) No person is permitted to alter, deface, or remove any permanent label required to be affixed pursuant to § 60.536(a) through (e), as applicable.
(i) If a temporary label is affixed to the wood heater, retailers may not sell or offer for sale that wood heater unless the temporary label affixed is in accordance with § 60.536(f), as applicable.
§ 60.539   What hearing and appeal procedures apply to me?
(a)(1) The affected manufacturer, laboratory or third-party certifier may request a hearing under this section within 30 days following receipt of the required notification in any case where the Administrator—
(i) Denies an application for a certificate of compliance under § 60.533(c) or § 60.533(f);
(ii) Denies an application for a renewal of certification under § 60.533(i);
(iii) Issues a notice of revocation of certification under § 60.533(1);
(iv) Denies an application for laboratory approval under § 60.535(a);
(v) Issues a notice of revocation of laboratory approval under § 60.535(b);
(vi) Denies an application for third-party certifier approval under § 60.535(d); or
(vii) Issues a notice of revocation of third-party certifier approval under § 60.535(e).
(2) In any case where the Administrator issues a notice of revocation under § 60.533(n)(3)(ii), the manufacturer may request a hearing under this section with the time limits set out in § 60.533(n)(3)(ii).
(b) Any hearing request must be in writing, must be signed by an authorized representative of the petitioning manufacturer or laboratory and must include a statement setting forth with particularity the petitioner's objection to the Administrator's determination or proposed determination.
(c)(1) Upon receipt of a request for a hearing under paragraph (a) of this section, the Administrator will request the Chief Administrative Law Judge to designate an Administrative Law Judge as Presiding Officer for the hearing. If the Chief Administrative Law Judge replies that no Administrative Law Judge is available to perform this function, the Administrator will designate a Presiding Officer who has not had any prior responsibility for the matter under review, and who is not subject to the direct control or supervision of someone who has had such responsibility.
(2) The hearing will commence as soon as practicable at a time and place fixed by the Presiding Officer.
(3)(i) A motion for leave to intervene in any proceeding conducted under this section must set forth the grounds for the proposed intervention, the position and interest of the movant and the likely impact that intervention will have on the expeditious progress of the proceeding. Any person already a party to the proceeding may file an answer to a motion to intervene, making specific reference to the factors set forth in the foregoing sentence and paragraph (c)(3)(iii) of this section, within 10 days after service of the motion for leave to intervene.
(ii) A motion for leave to intervene in a proceeding must ordinarily be filed before the first prehearing conference or, in the absence of a prehearing conference, prior to the setting of a time and place for a hearing. Any motion filed after that time must include, in addition to the information set forth in paragraph (c)(3)(i) of this section, a statement of good cause for the failure to file in a timely manner. The intervener shall be bound by any agreements, arrangements and other matters previously made in the proceeding.
(iii) A motion for leave to intervene may be granted only if the movant demonstrates that his presence in the proceeding would not unduly prolong or otherwise prejudice the adjudication of the rights of the original parties, and that movant may be adversely affected by a final order. The intervener will become a full party to the proceeding upon the granting of leave to intervene.
(iv) Persons not parties to the proceeding may move for leave to file amicus curiae briefs. The movant must state his interest and the reasons why the proposed amicus brief is desirable. If the motion is granted, the Presiding Officer or Administrator will issue an order setting the time for filing such brief. An amicus curia may participate in any briefing after his motion is granted, and will be served with all briefs, reply briefs, motions and orders relating to issues to be briefed.
(4) In computing any period of time prescribed or allowed in this subpart, the day of the event from which the designated period begins to run will not be included. Saturdays, Sundays and federal legal holidays will be included. When a stated time expires on a Saturday, Sunday or legal holiday, the stated time period will be extended to include the next business day.
(d)(l) Upon his appointment, the Presiding Officer must establish a hearing file. The file will consist of the notice issued by the Administrator under § 60.533(c)(2), § 60.533(f)(3), § 60.533(i)(4), § 60.533(l)(2), § 60.533(n)(3)(ii)(A), § 60.535(a)(3), § 60.535(b)(2), § 60.535(d)(3) or § 60.535(e)(2) together with any accompanying material, the request for a hearing and the supporting data submitted therewith, and all documents relating to the request for certification or approval or the proposed revocation of either.
(2) The hearing file must be available for inspection by any party, to the extent authorized by law, at the office of the Presiding Officer, or other place designated by him.
(e) Any party may appear in person, or may be represented by counsel or by any other duly authorized representative.
(f)(1) The Presiding Officer upon the request of any party, or at his discretion, may order a prehearing conference at a time and place specified by him to consider the following:
(i) Simplification of the issues,
(ii) Stipulations, admissions of fact, and the introduction of documents,
(iii) Limitation of the number of expert witnesses,
(iv) Possibility of agreement disposing of all or any of the issues in dispute,
(v) Such other matters as may aid in the disposition of the hearing, including such additional tests as may be agreed upon by the parties.
(2) The results of the conference must be reduced to writing by the Presiding Officer and made part of the record.
(g)(1) Hearings will be conducted by the Presiding Officer in an informal but orderly and expeditious manner. The parties may offer oral or written evidence, subject to the exclusion by the Presiding Officer of irrelevant, immaterial and repetitious evidence.
(2) Witnesses will not be required to testify under oath. However, the Presiding Officer will call to the attention of witnesses that their statements may be subject to penalties under title 18 U.S.C. 1001 for knowingly making false statements or representations or using false documents in any matter within the jurisdiction of any department or agency of the United States.
(3) Any witness may be examined or cross-examined by the Presiding Officer, the parties or their representatives.
(4) Hearings must be recorded verbatim. Copies of transcripts of proceedings may be purchased by the applicant from the reporter.
(5) All written statements, charts, tabulations and similar data offered in evidence at the hearings must, upon a showing satisfactory to the Presiding Officer of their authenticity, relevancy and materiality, be received in evidence and will constitute a part of the record.
(h)(1) The Presiding Officer will make an initial decision which must include written findings and conclusions and the reasons or basis therefor on all the material issues of fact, law or discretion presented on the record. The findings, conclusions and written decision must be provided to the parties and made a part of the record. The initial decision will become the decision of the Administrator without further proceedings unless there is an appeal to the Administrator or motion for review by the Administrator. Except as provided in paragraph (h)(3) of this section, any such appeal must be taken within 20 days of the date the initial decision was filed.
(2) On appeal from or review of the initial decision, the Administrator will have all the powers which he would have in making the initial decision including the discretion to require or allow briefs, oral argument, the taking of additional evidence or the remanding to the Presiding Officer for additional proceedings. The decision by the Administrator must include written findings and conclusions and the reasons or basis therefor on all the material issues of fact, law or discretion presented on the appeal or considered in the review.
(3) In any hearing requested under paragraph (a)(2) of this section the Presiding Officer must render the initial decision within 60 days of that request. Any appeal to the Administrator must be taken within 10 days of the initial decision, and the Administrator must render a decision in that appeal within 30 days of the filing of the appeal.
§ 60.539a   Who implements and enforces this subpart?
(a) Under section 111(c) of the Clean Air Act, the Administrator may delegate the following implementation and enforcement authority to a state, local or tribal authority upon request:
(1) Enforcement of prohibitions on the installation and operation of affected wood heaters in a manner inconsistent with the installation and owner's manual;
(2) Enforcement of prohibitions on operation of catalytic wood heaters where the catalyst has been deactivated or removed;
(3) Enforcement of prohibitions on advertisement and/or sale of uncertified model lines;
(4) Enforcement of prohibitions on advertisement and/or sale of affected heaters that do not have required permanent label;
(5) Enforcement of proper labeling of affected wood heaters; and
(6) Enforcement of compliance with other labeling requirements for affected wood heaters.
(7) Enforcement of certification testing procedures;
(8) Enforcement of requirements for sealing of the tested heaters and meeting parameter limits; and
(9) Enforcement of compliance requirements of EPA-approved laboratories.
(b) Delegations shall not include:
(1) Decisions on certification;
(2) Revocation of certification;
(3) Establishment or revision of standards;
(4) Establishment or revision of test methods;
(5) Laboratory and third-party certifier approvals and revocations;
(6) Enforcing provisions governing content of owner's manuals; and
(7) Hearings and appeals procedures.
(c) Nothing in these delegations will prohibit the Administrator from enforcing any applicable requirements.
(d) Nothing in these delegations will limit delegated entities from using their authority under section 116 of the Clean Air Act to adopt or enforce more restrictive requirements.
§ 60.539b   What parts of the General Provisions do not apply to me?
The following provisions of subpart A of part 60 do not apply to this subpart:
(a) Section 60.7;
(b) Section 60.8(a), (c), (d), (e), (f)(1), and (g);
(c) Section 60.14; and
(c) Section 60.15(d).
§ 60.540   Applicability and designation of affected facilities.
(a) The provisions of this subpart, except as provided in paragraph (b) of this section, apply to each of the following affected facilities in rubber tire manufacturing plants that commence construction, modification, or reconstruction after January 20, 1983: each undertread cementing operation, each sidewall cementing operation, each tread end cementing operation, each bead cementing operation, each green tire spraying operation, each Michelin-A operation, each Michelin-B operation, and each Michelin-C automatic operation.
(b) The owner or operator of each undertread cementing operation and each sidewall cementing operation in rubber tire manufacturing plants that commenced construction, modification, or reconstruction after January 20, 1983, and before September 15, 1987, shall have the option of complying with the alternate provisions in § 60.542a. This election shall be irreversible. The alternate provisions in § 60.542a do not apply to any undertread cementing operation or sidewall cementing operation that is modified or reconstructed after September 15, 1987. The affected facilities in this paragraph are subject to all applicable provisions of this subpart.
(c) Although the affected facilities listed under § 60.540(a) are defined in reference to the production of components of a “tire,” as defined under § 60.541(a), the percent emission reduction requirements and VOC use cutoffs specified under § 60.542(a)(1), (2), (6), (7)(iii), (7)(iv), (8), (9), and (10) refer to the total amount of VOC used (the amount allocated to the affected facility), including the VOC used in cements and organic solvent-based green tire spray materials for tire types not listed in the § 60.541(a) definition of “tire.”
§ 60.541   Definitions.
(a) All terms that are used in this subpart and are not defined below are given the same meaning as in the Act and in subpart A of this part.
Bead means rubber-covered strands of wire, wound into a circular form, which ensure a seal between a tire and the rim of the wheel onto which the tire is mounted.
Bead cementing operation means the system that is used to apply cement to the bead rubber before or after it is wound into its final circular form. A bead cementing operation consists of a cement application station, such as a dip tank, spray booth and nozzles, cement trough and roller or swab applicator, and all other equipment necessary to apply cement to wound beads or bead rubber and to allow evaporation of solvent from cemented beads.
Component means a piece of tread, combined tread/sidewall, or separate sidewall rubber, or other rubber strip that is combined into the sidewall of a finished tire.
Drying area means the area where VOC from applied cement or green tire sprays is allowed to evaporate.
Enclosure means a structure that surrounds a VOC (cement, solvent, or spray) application area and drying area, and that captures and contains evaporated VOC and vents it to a control device. Enclosures may have permanent and temporary openings.
Green tire means an assembled, uncured tire.
Green tire spraying operation means the system used to apply a mold release agent and lubricant to the inside and/or outside of green tires to facilitate the curing process and to prevent rubber from sticking to the curing press. A green tire spraying operation consists of a booth where spraying is performed, the spray application station, and related equipment, such as the lubricant supply system.
Michelin-A operation means the operation identified as Michelin-A in the Emission Standards and Engineering Division confidential file as referenced in Docket A-80-9, Entry II-B-12.
Michelin-B operation means the operation identified as Michelin-B in the Emission Standards and Engineering Division confidential file as referenced in Docket A-80-9, Entry II-B-12.
Michelin-C-automatic operation means the operation identifed as Michelin-C-automatic in the Emission Standards and Engineering Division confidential file as referenced in Docket A-80-9, Entry II-B-12.
Month means a calendar month or a prespecified period of 28 days or 35 days (utilizing a 4-4-5-week recordkeeping and reporting schedule).
Organic solvent-based green tire spray means any mold release agent and lubricant applied to the inside or outside of green tires that contains more than 12 percent, by weight, of VOC as sprayed.
Permanent opening means an opening designed into an enclosure to allow tire components to pass through the enclosure by conveyor or other mechanical means, to provide access for permanent mechanical or electrical equipment, or to direct air flow into the enclosure. A permanent opening is not equipped with a door or other means of obstruction of air flow.
Sidewall cementing operation means the system used to apply cement to a continuous strip of sidewall component or any other continuous strip component (except combined tread/sidewall component) that is incorporated into the sidewall of a finished tire. A sidewall cementing operation consists of a cement application station and all other equipment, such as the cement supply system and feed and takeaway conveyors, necessary to apply cement to sidewall strips or other continuous strip component (except combined tread/sidewall component) and to allow evaporation of solvent from the cemented rubber.
Temporary opening means an opening into an enclosure that is equipped with a means of obstruction, such as a door, window, or port, that is normally closed.
Tire means any agricultural, airplane, industrial, mobile home, light-duty truck and/or passenger vehicle tire that has a bead diameter less than or equal to 0.5 meter (m) (19.7 inches) and a cross section dimension less than or equal to 0.325 m (12.8 in.), and that is mass produced in an assembly-line fashion.
Tread end cementing operation means the system used to apply cement to one or both ends of the tread or combined tread/sidewall component. A tread end cementing operation consists of a cement application station and all other equipment, such as the cement supply system and feed and takeaway conveyors, necessary to apply cement to tread ends and to allow evaporation of solvent from the cemented tread ends.
Undertread cementing operation means the system used to apply cement to a continuous strip of tread or combined tread/sidewall component. An undertread cementing operation consists of a cement application station and all other equipment, such as the cement supply system and feed and takeaway conveyors, necessary to apply cement to tread or combined tread/sidewall strips and to allow evaporation of solvent from the cemented tread or combined tread/sidewall.
VOC emission control device means equipment that destroys or recovers VOC.
VOC emission reduction system means a system composed of an enclosure, hood, or other device for containment and capture of VOC emissions and a VOC emission control device.
Water-based green tire spray means any mold release agent and lubricant applied to the inside or outside of green tires that contains 12 percent or less, by weight, of VOC as sprayed.
(b) Notations used under this subpart are defined below:
§ 60.542   Standards for volatile organic compounds.
(a) On and after the date on which the initial performance test, required by § 60.8, is completed, but no later than 180 days after initial startup, each owner or operator subject to the provisions of this subpart shall comply with the following conditions:
(1) For each undertread cementing operation:
(i) Discharge into the atmosphere no more than 25 percent of the VOC used (75 percent emission reduction) for each month; or
(ii) Maintain total (uncontrolled) VOC use less than or equal to the levels specified below, depending upon the duration of the compliance period:
(A) 3,870 kg (8,531 lb) of VOC per 28 days,
(B) 4,010 kg (8,846 lb) of VOC per 29 days,
(C) 4,150 kg (9,149 lb) of VOC per 30 days,
(D) 4,280 kg (9,436 lb) of VOC per 31 days, or
(E) 4,840 kg (10,670 lb) of VOC per 35 days.
(2) For each sidewall cementing operation:
(i) Discharge into the atmosphere no more than 25 percent of the VOC used (75 percent emission reduction) for each month; or
(ii) Maintain total (uncontrolled) VOC use less than or equal to the levels specified below, depending upon the duration of the compliance period:
(A) 3,220 kg (7,099 lb) of VOC per 28 days,
(B) 3,340 kg (7,363 lb) of VOC per 29 days,
(C) 3,450 kg (7,606 lb) of VOC per 30 days,
(D) 3,570 kg (7,870 lb) of VOC per 31 days, or
(E) 4,030 kg (8,885 lb) of VOC per 35 days.
(3) For each tread end cementing operation: Discharge into the atmosphere no more than 10 grams (0.022 lb) of VOC per tire cemented for each month.
(4) For each bead cementing operation: Discharge into the atmosphere no more than 5 grams (0.011 lb) of VOC per bead cemented for each month.
(5) For each green tire spraying operation where only water-based sprays are used:
(i) Discharge into the atmosphere no more than 1.2 grams (0.0026 lb) of VOC per tire sprayed with an inside green tire spray for each month; and
(ii) Discharge into the atmosphere no more than 9.3 grams (0.021 lb) of VOC per tire sprayed with an outside green tire spray for each month.
(6) For each green tire spraying operation where only ogranic solvent-based sprays are used:
(i) Discharge into the atmosphere no more than 25 percent of the VOC used (75 percent emission reduction) for each month; or
(ii) Maintain total (uncontrolled) VOC use less than or equal to the levels specified below, depending upon the duration of the compliance period:
(A) 3,220 kg (7,099 lb) of VOC per 28 days,
(B) 3,340 kg (7,363 lb) of VOC per 29 days,
(C) 3,450 kg (7,606 lb) of VOC per 30 days,
(D) 3,570 kg (7,870 lb) of VOC per 31 days, or
(E) 4,030 kg (8,885 lb) of VOC per 35 days.
(7) For each green tire spraying operation where both water-based and organic solvent-based sprays are used:
(i) Discharge into the atmosphere no more than 1.2 grams (0.0026 lb) of VOC per tire sprayed with a water-based inside green tire spray for each month; and
(ii) Discharge into the atmosphere no more than 9.3 grams (0.021 lb) of VOC per tire sprayed with a water-based outside green tire spray for each month; and either
(iii) Discharge into the atmosphere no more than 25 percent of the VOC used in the organic solvent-based green tire sprays (75 percent emission reduction) for each month; or
(iv) Maintain total (uncontrolled) VOC use for all organic solvent-based green tire sprays less than or equal to the levels specified under paragraph (a)(6)(ii) of this section.
(8) For each Michelin-A operation:
(i) Discharge into the atmosphere no more than 35 percent of the VOC used (65 percent emission reduction) for each month; or
(ii) Maintain total (uncontrolled) VOC use less than or equal to the levels specified below, depending upon the duration of the compliance period:
(A) 1,570 kg (3,461 lb) of VOC per 28 days,
(B) 1,630 kg (3,593 lb) of VOC per 29 days,
(C) 1,690 kg (3,726 lb) of VOC per 30 days,
(D) 1,740 kg (3,836 lb) of VOC per 31 days, or
(E) 1,970 kg (4,343 lb) of VOC per 35 days.
(9) For each Michelin-B operation:
(i) Discharge into the atmosphere no more than 25 percent of the VOC used (75 percent emission reduction) for each month; or
(ii) Maintain total (uncontrolled) VOC use less than or equal to the levels specified below, depending upon the duration of the compliance period:
(A) 1,310 kg (2,888 lb) of VOC per 28 days,
(B) 1,360 kg (2,998 lb) of VOC per 29 days,
(C) 1,400 kg (3,086 lb) of VOC per 30 days,
(D) 1,450 kg (3,197 lb) of VOC per 31 days, or
(E) 1,640 kg (3,616 lb) of VOC per 35 days.
(10) For each Michelin-C-automatic operation:
(i) Discharge into the atmosphere no more than 35 percent of the VOC used (65 percent emission reduction) for each month; or
(ii) Maintain total (uncontrolled) VOC use less than or equal to the levels specified under paragraph (a)(8)(ii) of this section.
§ 60.542a   Alternate standard for volatile organic compounds.
(a) On and after the date on which the initial performance test, required by § 60.8, is completed, but no later than 180 days after September 19, 1989, each owner or operator subject to the provisions in § 60.540(b) shall not cause to be discharged into the atmosphere more than: 25 grams (0.055 lb) of VOC per tire processed for each month if the operation uses 25 grams (0.055 lb) or less of VOC per tire processed and does not employ a VOC emission reduction system.
(b) [Reserved]
§ 60.543   Performance test and compliance provisions.
(a) Section 60.8(d) does not apply to the monthly performance test procedures required by this subpart. Section 60.8(d) does apply to initial performance tests and to the performance tests specified under paragraphs (b)(2) and (b)(3) of this section. Section 60.8(f) does not apply when Method 24 is used.
(b) Performance tests shall be conducted as follows:
(1) The owner or operator of an affected facility shall conduct an initial performance test, as required under § 60.8(a), except as described under paragraph (j) of this section. The owner or operator of an affected facility shall thereafter conduct a performance test each month, except as described under paragraphs (b)(4), (g)(1), and (j) of this section. Initial and monthly performance tests shall be conducted according to the procedures in this section.
(2) The owner or operator of an affected facility who elects to use a VOC emission reduction system with a control device that destroys VOC (e.g., incinerator), as described under paragraphs (f) and (g) of this section, shall repeat the performance test when directed by the Administrator or when the owner or operator elects to operate the capture system or control device at conditions different from the most recent determination of overall reduction efficiency. The performance test shall be conducted in accordance with the procedures described under paragraphs (f)(2) (i) through (iv) of this section.
(3) The owner or operator of an affected facility who seeks to comply with the equipment design and performance specifications, as described under paragraph (j) of this section, shall repeat the performance test when directed by the Administrator or when the owner or operator elects to operate the capture system or control device at conditions different from the most recent determination of control device efficiency or measurement of capture system retention time or face velocity. The performance test shall be conducted in accordance with the procedures described under paragraph (f)(2)(ii) of this section.
(4) The owner or operator of each tread end cementing operation and each green tire spraying operation using only water-based sprays (inside and/or outside) containing less than 1.0 percent, by weight, of VOC is not required to conduct a monthly performance test as described in paragraph (d) of this section. In lieu of conducting a monthly performance test, the owner or operator of each tread end cementing operation and each green tire spraying operation shall submit formulation data or the results of Method 24 analysis annually to verify the VOC content of each tread end cement and each green tire spray material, provided the spraying formulation has not changed during the previous 12 months. If the spray material formulation changes, formulation data or Method 24 analysis of the new spray shall be conducted to determine the VOC content of the spray and reported within 30 days as required under § 60.546(j).
(c) For each undertread cementing operation, each sidewall cementing operation, each green tire spraying operation where organic solvent-based sprays are used, each Michelin-A operation, each Michelin-B operation, and each Michelin-C-automatic operation where the owner or operator seeks to comply with the uncontrolled monthly VOC use limits, the owner or operator shall use the following procedure to determine compliance with the applicable (depending upon duration of compliance period) uncontrolled monthly VOC use limit specified under § 60.542(a) (1)(ii), (2)(ii), (6)(ii), (7)(iv), (8)(ii), (9)(ii), and (10)(ii). If both undertread cementing and sidewall cementing are performed at the same affected facility during a month, then the kg/mo limit specified under § 60.542(a)(1)(ii) shall apply for that month.
(1) Determine the density and weight fraction VOC (including dilution VOC) of each cement or green tire spray from its formulation or by analysis of the cement or green tire spray using Method 24. If a dispute arises, the Administrator may require an owner or operator who used formulation data to analyze the cement or green tire spray using Method 24.
(2) Calculate the total mass of VOC used at the affected facility for the month (M o ) by the following procedure:
(i) For each affected facility for which cement or green tire spray is delivered in batch or via a distribution system that serves only the affected facility:
(ii) For each affected facility for which cement or green tire spray is delivered via a common distribution system that also serves other affected or existing facilities:
(A) Calculate the total mass of VOC used for all of the facilities served by the common distribution system for the month (M):
(B) Determine the fraction (F o ) of M used at the affected facility by comparing the production records and process specifications for the material cemented or sprayed at the affected facility for the month to the production records and process specifications for the material cemented or sprayed at all other facilities served by the common distribution system for the month or by another procedure acceptable to the Administrator.
(C) Calculate the total monthly mass of VOC used at the affected facility for the month (M o ):
(3) Determine the time duration of the monthly compliance period (T d ).
(d) For each tread end cementing operation and each green tire spraying operation where water-based cements or sprays containing 1.0 percent, by weight, of VOC or more are used (inside and/or outside) that do not use a VOC emission reduction system, the owner or operator shall use the following procedure to determine compliance with the VOC emission per tire limit specified under § 60.542 (a)(3), (a)(5)(i), (a)(5)(ii), (a)(7)(i), and (a)(7)(ii).
(1) Determine the density and weight fraction VOC as specified under paragraph (c)(1) of this section.
(2) Calculate the total mass of VOC used at the affected facility for the month (M o ) as specified under paragraph (c)(2) of this section.
(3) Determine the total number of tires cemented or sprayed at the affected facility for the month (T o ) by the following procedure:
(i) For a trend end cementing operation, T o equals the number of tread or combined tread/sidewall components that receive an application of tread end cement for the month.
(ii) For a green tire spraying operation that uses water-based inside green tire sprays, T o equals the number of green tires that receive an application of water-based inside green tire spray for the month.
(iii) For a green tire spraying operation that uses water-based outside green tire sprays, T o equals the number of green tires that receive an application of water-based outside green tire spray for the month.
(4) Calculate the mass of VOC used per tire cemented or sprayed at the affected facility for the month (G):
(5) Calculate the mass of VOC emitted per tire cemented or sprayed at the affected facility for the month (N):
(e) For each bead cementing operation that does not use a VOC emission reduction system, the owner or operator shall use the following procedure to determine compliance with the VOC emission per bead limit specified under § 60.542(a)(4).
(1) Determine the density and weight fraction VOC as specified under paragraph (c)(1) of this section.
(2) Calculate the total mass of VOC used at the affected facility for the month (M o ) as specified under paragraph (c)(2) of this section.
(3) Determine the number of beads cemented at the affected facility during the month (B o ) using production records; B o equals the number of beads that receive an application of cement for the month.
(4) Calculate the mass of VOC used per bead cemented at the affected facility for the month (G b ):
(5) Calculate the mass of VOC emitted per bead cemented at the affected facility for the month (N b ):
(f) For each tread end cementing operation and each bead cementing operation that uses a VOC emission reduction system with a control device that destroys VOC (e.g., incinerator), the owner or operator shall use the following procedure to determine compliance with the emission limit specified under § 60.542(a) (3) and (4).
(1) Calculate the mass of VOC used per tire cemented at the affected facility for the month (G), as specified under paragraphs (d) (1) through (4) of this section, or mass of VOC used per bead cemented at the affected facility for the month (G b ), as specified under paragraphs (e) (1) through (4) of this section.
(2) Calculate the mass of VOC emitted per tire cemented at the affected facility for the month (N) or mass of VOC emitted per bead cemented for the affected facility for the month (N b ):
(i) The owner or operator of an affected facility shall construct a temporary enclosure around the application and drying areas during the performance test for the purpose of capturing fugitive VOC emissions. The enclosure must be maintained at a negative pressure to ensure that all evaporated VOC are measurable. Determine the fraction (F c ) of total VOC used at the affected facility that enters the control device:
(ii) Determine the destruction efficiency of the control device (E) by using values of the volumetric flow rate of each of the gas streams and the VOC content (as carbon) of each of the gas streams in and out of the control device:
(iii) Determine the overall reduction efficiency (R):
(iv) The owner or operator of an affected facility shall have the option of substituting the following procedure as an acceptable alternative to the requirements prescribed under paragraph (f)(2)(i) of this section. This alternative procedure is acceptable only in cases where a single VOC is used and is present in the capture system. The average capture efficiency value derived from a minimum of three runs shall constitute a test.
(A) For each run, “i,” measure the mass of the material containing a single VOC used. This measurement shall be made using a scale that has both a calibration and a readability to within 1 percent of the mass used during the run. This measurement may be made by filling the direct supply reservoir (e.g., trough, tray, or drum that is integral to the operation) and related application equipment (e.g., rollers, pumps, hoses) to a marked level at the start of the run and then refilling to the same mark from a more easily weighed container (e.g., separate supply drum) at the end of the run. The change in mass of the supply drum would equal the mass of material used from the direct supply reservoir. Alternatively, this measurement may be made by weighing the direct supply reservoir at the start and end of the run or by weighing the direct supply reservoir and related application equipment at the start and end of the run. The change in mass would equal the mass of the material used in the run. If only the direct supply reservoir is weighed, the amount of material in or on the related application equipment must be the same at the start and end of the run. All additions of VOC containing material made to the direct supply reservoir during a run must be properly accounted for in determining the mass of material used during that run.
(B) For each run, “i,” measure the mass of the material containing a single VOC which is present in the direct supply reservoir and related application equipment at the start of the run, unless the ending weight fraction VOC in the material is greater than or equal to 98.5 percent of the starting weight fraction VOC in the material, in which case, this measurement is not required. This measurement may be made directly by emptying the direct supply reservoir and related application equipment and then filling them to a marked level from an easily weighed container (e.g. separate supply drum). The change in mass of the supply drum would equal the mass of material in the filled direct supply reservoir and related application equipment. Alternatively, this measurement may be made by weighing the direct supply reservoir and related application equipment at the start of the run and subtracting the mass of the empty direct supply reservoir and related application equipment (tare weight).
(C) For each run, “i,” the starting weight fraction VOC in the material shall be determined by Method 24 analysis of a sample taken from the direct supply reservoir at the beginning of the run.
(D) For each run, “i,” the ending weight fraction VOC in the material shall be determined by Method 24 analysis of a sample taken from the direct supply reservoir at the end of the run.
(E) For each run, “i,” in which the ending weight fraction VOC in the material is greater than or equal to 98.5 percent of the starting weight fraction VOC in the material, calculate the mass of the single VOC used (Mi) by multiplying the mass of the material used in the run by the starting weight fraction VOC of the material used in the run.
(F) For each run, “i,” in which the ending weight fraction VOC in the material is less than 98.5 percent of the starting weight fraction VOC in the material, calculate the mass of the single VOC used (M i ) as follows:
( 1 ) Calculate the mass of VOC present in the direct supply reservoir and related application equipment at the start of the run by multiplying the mass of material in the direct supply reservoir and related application equipment at the start of the run by the starting weight fraction VOC in the material for that run.
( 2 ) Calculate the mass of VOC present in the direct supply reservoir and related application equipment at the end of the run by multiplying the mass of material in the direct supply reservoir and related application equipment at the end of the run by the ending weight fraction VOC in the material for that run. The mass of material in the direct supply reservoir and related application equipment at the end of the run shall be calculated by subtracting the mass of material used in the run from the mass of material in the direct supply reservoir and related application equipment at the start of the run.
( 3 ) The mass of the single VOC used (M i ) equals the mass of VOC present in the direct supply reservoir and related application equipment at the start of the run minus the mass of VOC present in the direct supply reservoir and related application equipment at the end of the run.
(G) If Method 25A is used to determine the concentration of the single VOC in the capture system, then calculate the capture efficiency (FC i ) for each run, “i,” as follows:
(H) If Method 25 is used to determine the concentration of the single VOC in the capture system, then calculate the capture efficiency (FC i ) for each run, “i,” as follows:
(I) Calculate the average capture efficiency value, F c as follows:
(g) For each undertread cementing operation, each sidewall cementing operation, each green tire spraying operation where organic solvent-based sprays are used, each Michelin-A operation, each Michelin-B operation, and each Michelin-C-automatic operation that uses a VOC emission reduction system with a control device that destroys VOC (e.g., incinerator), the owner or operator shall use the following procedure to determine compliance with the percent emission reduction requirement specified under § 60.542 (a) (1)(i), (2)(i), (6)(i), (7)(iii), (8)(i), (9)(i), and (10)(i).
(1) For the initial performance test, the overall reduction efficiency (R) shall be determined as prescribed under paragraphs (f)(2) (i) through (iii) of this section. The performance test shall be repeated during conditions described under paragraph (b)(2) of this section. No monthly performance tests are required.
(h) For each tread end cementing operation and each bead cementing operation that uses a VOC emission reduction system with a control device that recovers VOC (e.g., carbon adsorber), the owner or operator shall use the following procedure to determine compliance with the emission limit specified under § 60.542(a) (3) and (4).
(1) Calculate the mass of VOC used per tire cemented at the affected facility for the month (G), as specified under paragraphs (d) (1) through (4) of this section, or mass of VOC used per bead cemented at the affected facility for the month (G b ), as specified under paragraphs (e) (1) through (4) of this section.
(2) Calculate the total mass of VOC recovered from the affected facility for the month (M r ):
(3) Calculate the overall reduction efficiency for the VOC emission reduction system (R) for the month:
(4) Calculate the mass of VOC emitted per tire cemented at the affected facility for the month (N) or mass of VOC emitted per bead cemeted at the affected facility for the month (N b ):
(i) For each undertread cementing operation, each sidewall cemeting operation, each green tire spraying operation where organic solvent-based sprays are used, each Michelin-A operation, each Michelin-B operation, and each Michelin-C-automatic operation that uses a VOC emission reduction system with a control device that recovers (VOC) (e.g., carbon adsorber), the owner or operator shall use the following procedure to determine compliance with the percent reduction requirement specified under § 60.542(a) (1)(i), (2)(i), (6)(i), (7)(iii), (8)(i), (9)(i), and (10)(i).
(1) Determine the density and weight fraction VOC as specified under paragraph (c)(1) of this section.
(2) Calculate the total mass of VOC used at the affected facility for the month (M o ) as described under paragraph (c)(2) of this section.
(3) Calculate the total mass of VOC recovered from the affected facility for the month (M r ) as described under paragraph (h)(2) of this section.
(4) Calculate the overall reduction efficiency for the VOC emission reduction system (R) for the month as described under paragraph (h)(3) of this section.
(j) Rather than seeking to demonstrate compliance with the provisions of § 60.542(a) (1)(i), (2)(i), (6)(i), (7)(iii), or (9)(i) using the performance test procedures described under paragraphs (g) and (i) of this section, an owner or operator of an undertread cementing operation, sidewall cementing operation, green tire spraying operation where organic solvent-based sprays are used, or Michelin-B operation that use a VOC emission reduction system may seek to demonstrate compliance by meeting the equipment design and performance specifications listed under paragraphs (j)(1), (2), and (4) through (6) or under paragraphs (j)(1) and (3) through (6) of this section, and by conducting a control device efficiency performance test to determine compliance as described under paragraph (j)(7) of this section. The owner or operator shall conduct this performance test of the control device efficiency no later than 180 days after initial startup of the affected facility, as specified under § 60.8(a). Meeting the capture system design and performance specifications, in conjunction with operating a 95 percent efficient control device, is an acceptable means of demonstrating compliance with the standard. Therefore, the requirement for the initial performance test on the enclosure, as specified under § 60.8(a), is waived. No monthly performance tests are required.
(1) For each undertread cementing operation, each sidewall cementing operation, and each Michelin-B operation, the cement application and drying area shall be contained in an enclosure that meets the criteria specified under paragraphs (j) (2), (4), and (5) of this section; for each green tire spraying operation where organic solvent-based sprays are used, the spray application and drying area shall be contained in an enclosure that meets the criteria specified under paragraphs (j) (3), (4), and (5) of this section.
(2) The drying area shall be enclosed between the application area and the water bath or to the extent necessary to contain all tire components for at least 30 seconds after cement application, whichever distance is less.
(3) Sprayed green tires shall remain in the enclosure for a minimum of 30 seconds after spray application.
(4) A minimum face velocity of 30.5 meters (100 feet) per minute shall be maintained continuously through each permanent opening into the enclosure when all temporary enclosure openings are closed. The cross-sectional area of each permanent opening shall be divided into at least 12 equal areas, and a velocity measurement shall be performed at the centroid of each equal area with an anemometer or similar velocity monitoring device; the face velocity of each permanent opening is the average value of the velocity measurements taken. The monitoring device shall be calibrated and operated according to the manufacturer's instructions.
(5) The total area of all permanent openings into the enclosure shall not exceed the area that would be necessary to maintain the VOC concentration of the exhaust gas stream at 25 percent of the lower explosive limit (LEL) under the following conditions:
(i) The facility is operating at the maximum solvent use rate;
(ii) The face velocity through each permanent opening is 30.5 meters (100 feet) per minute; and
(iii) All temporary openings are closed.
(6) All captured VOC are ducted to a VOC emission control device that is operated on a continuous basis and that achieves at least a 95 percent destruction or recovery efficiency.
(7) The efficiency of the control device (E) for the initial performance test is determined by using values of the volumetric flow rate of each of the gas streams and the VOC content (as carbon) of each of the gas streams in and out of the control device as described under paragraph (f)(2)(ii) of this section. The control device efficiency shall be redetermined during conditions specified under paragraph (b)(3) of this section.
(k) Each owner or operator of an affected facility who initially elected to be subject to the applicable percent emission reduction requirement specified under § 60.542(a)(1)(i), (2)(i), (6)(i), (7)(iii), (8)(i), (9)(i), or (10)(i) and who later seeks to comply with the applicable total (uncontrolled) monthly VOC use limit specified under § 60.542(a)(1)(ii), (2)(ii), (6)(ii), (7)(iv), (8)(ii), (9)(ii), or (10)(ii) shall demonstrate, using the procedures described under paragraph (c) of this section, that the total VOC use at the affected facility has not exceeded the applicable total (uncontrolled) monthly VOC use limit during each of the last 6 months of operation. The owner or operator shall be subject to the applicable percent emission reduction requirement until the conditions of this paragraph and § 60.546(h) are satisfied.
(l) In determining compliance for each undertread cementing operation, each sidewall cementing operation, each green tire spraying operation, each Michelin-A operation, each Michelin-B operation, and each Michelin-C-automatic operation, the owner or operator shall include all the VOC used, recovered, or destroyed from cements and organic solvent-based green tire sprays including those cements or sprays used for tires other than those defined under § 60.541(a).
(m) In determining compliance for each tread end cementing operation, each bead cementing operation, and each green tire spraying operation, the owner or operator shall include only those tires defined under § 60.541(a) when determining T o and B o .
(n) For each undertread cementing operation and each sidewall cementing operation that does not use a VOC emission reduction system, the owner or operator shall use the following procedure to determine compliance with the VOC emission per tire limit specified in § 60.542a:
(1) Calculate the total mass of VOC (M o ) used at the affected facility for the month by the following procedure.
(i) For each affected facility for which cement is delivered in batch or via a distribution system which serves only that affected facility:
(ii) For each affected facility for which cement is delivered via a common distribution system which also serves other affected or existing facilities.
(A) Calculate the total mass (M) of VOC used for all of the facilities served by the common distribution system for the month:
(B) Determine the fraction (F o ) of “M” used by the affected facility by comparing the production records and process specifications for the material cemented at the affected facility for the month to the production records and process specifications for the material cemented at all other facilities served by the common distribution system for the month or by another procedure acceptable to the Administrator.
(C) Calculate the total monthly mass of VOC(M o ) used at the affected facility:
(2) Determine the total number of tires (T o ) processed at the affected facility for the month by the following procedure.
(i) For undertread cementing, T o equals the number of tread or combined tread/sidewall components which receive an application of undertread cement.
(ii) For sidewall cementing, T o equals the number of sidewall components which receive an application of sidewall cement, divided by 2.
(3) Calculate the mass of VOC used per tire processed (G) by the affected facility for the month:
(4) Calculate the mass of VOC emitted per tire processed (N) for the affected facility for the month:
(5) Where the value of the mass of VOC emitted per tire processed (N) is less than or equal to the VOC emission per tire limit specified under § 60.542a, the affected facility is in compliance.
§ 60.544   Monitoring of operations.
(a) Each owner or operator subject to the provisions of this subpart shall install, calibrate, maintain, and operate according to manufacturer's specifications the following equipment, unless alternative monitoring procedures or requirements are approved for that facility by the Administrator:
(1) Where a thermal incinerator is used for VOC emission reduction, a temperature monitoring device equipped with a continuous recorder for the temperature of the gas stream in the combustion zone of the incinerator. The temperature monitoring device shall have an accuracy of 1 percent of the temperature being measured in °C or ±0.5 °C, whichever is greater.
(2) Where a catalytic incinerator is used for VOC emission reduction, temperature monitoring devices, each equipped with a continuous recorder, for the temperature in the gas stream immediately before and after the catalyst bed of the incinerator. The temperature monitoring devices shall have an accuracy of 1 percent of the temperature being measured in °C or ±0.5 °C, whichever is greater.
(3) For an undertread cementing operation, sidewall cementing operation, green tire spraying operation where organic solvent-based sprays are used, or Michelin-B operation where a carbon adsorber is used to meet the performance requirements specified under § 60.543(j)(6), an organics monitoring device used to indicate the concentration level of organic compounds based on a detection principle such as infrared, photoionization, or thermal conductivity, equipped with a continous recorder, for the outlet of the carbon bed.
(b) An owner or operator of an undertread cementing operation, sidewall cementing operation, green tire spraying operation where organic solvent-based sprays are used, or Michelin-B operation where a VOC recovery device other than a carbon adsorber is used to meet the performance requirements specified under § 60.543(j)(6), shall provide to the Administrator information describing the operation of the control device and the process parameter(s) which would indicate proper operation and maintenance of the device. The Administrator may request further information and will specify appropriate monitoring procedures or requirements.
§ 60.545   Recordkeeping requirements.
(a) Each owner or operator of an affected facility that uses a thermal incinerator shall maintain continuous records of the temperature of the gas stream in the combustion zone of the incinerator and records of all 3-hour periods of operation for which the average temperature of the gas stream in the combustion zone was more than 28 °C (50 °F) below the combustion zone temperature measured during the most recent determination of the destruction efficiency of the thermal incinerator that demonstrated that the affected facility was in compliance.
(b) Each owner or operator of an affected facility that uses a catalytic incinerator shall maintain continuous records of the temperature of the gas stream both upstream and downstream of the catalyst bed of the incinerator, records of all 3-hour periods of operation for which the average temperature measured before the catalyst bed is more than 28 °C (50 °F) below the gas stream temperature measured before the catalyst bed during the most recent determination of destruction efficiency of the catalytic incinerator that demonstrated that the affected facility was in compliance, and records of all 3-hour periods for which the average temperature difference across the catalyst bed is less than 80 percent of the temperature difference measured during the most recent determination of the destruction efficiency of the catalytic incinerator that demonstrated that the affected facility was in compliance.
(c) Each owner or operator of an undertread cementing operation, sidewall cementing operation, green tire spraying operation where organic solvent-based sprays are used, or Michelin-B operation that uses a carbon adsorber to meet the requirements specified under § 60.543(j)(6) shall maintain continuous records of all 3-hour periods of operation during which the average VOC concentration level or reading of organics in the exhaust gases is more than 20 percent greater than the exhaust gas concentration level or reading measured by the organics monitoring device during the most recent determination of the recovery efficiency of the carbon adsorber that demonstrated that the affected facility was in compliance.
(d) Each owner or operator of an undertread cementing operation, sidewall cementing operation, green tires spraying operation where organic solvent-based sprays are used, Michelin-A operation, Michelin-B operation, or Michelin-C-automatic operation who seeks to comply with a specified VOC monthly usage limit shall maintain records of monthly VOC use and the number of days in each compliance period.
(e) Each owner or operator that is required to conduct monthly performance tests, as specified under § 60.543(b)(1), shall maintain records of the results of all monthly tests.
(f) Each owner or operator of a tread end cementing operation and green tire spraying operation using water-based cements or sprays containing less than 1.0 percent by weight of VOC, as specified under § 60.543(b)(4), shall maintain records of formulation data or the results of Method 24 analysis conducted to verify the VOC content of the spray.
§ 60.546   Reporting requirements.
(a) Each owner or operator subject to the provisions of this subpart, at the time of notification of the anticipated initial startup of an affected facility pursuant to § 60.7(a)(2), shall provide a written report to the Administrator declaring for each undertread cementing operation, each sidewall cementing operation, each green tire spraying operation where organic solvent-based sprays are used, each Michelin-A operation, each Michelin-B operation, and each Michelin-C automatic operation the emission limit he intends to comply with and the compliance method (where § 60.543(j) is applicable) to be employed.
(b) Each owner or operator subject to the provisions of this subpart, at the time of notification of the anticipated initial startup of an affected facility pursuant to § 60.7(a)(2), shall specify the monthly schedule (each calendar month or a 4-4-5-week schedule) to be used in making compliance determinations.
(c) Each owner or operator subject to the provisions of this subpart shall report the results of all initial performance tests, as required under § 60.8(a), and the results of the performance tests required under § 60.543 (b)(2) and (b)(3). The following data shall be included in the report for each of the above performance tests:
(1) For each affected facility for which the owner or operator seeks to comply with a VOC monthly usage limit specified under § 60.542(a): The monthly mass of VOC used (M o ) and the number of days in the compliance period (T d ).
(2) For each affected facility that seeks to comply with a VOC emission limit per tire or per bead specified under § 60.542(a) without the use of a VOC emission reduction system: the mass of VOC used (M o ), the number of tires cemented or sprayed (T o ), the mass of VOC emitted per tire cemented or sprayed (N), the number of beads cemeted (B o ), and the mass of VOC emitted per bead cemented (N b ).
(3) For each affected facility that uses a VOC emission reduction system with a control device that destroys VOC (e.g., incinerator) to comply with a VOC emission limit per tire or per bead specified under § 60.542(a): The mass of VOC used (M o ), the number of tires cemented or sprayed (T o ), the mass of VOC emitted per tire cemented or sprayed (N), the number of beads cemented (B o ), the mass of VOC emitted per bead cemented (N b ), the mass of VOC used per tire cemented or sprayed (G), the mass of VOC per bead cemented (G b ), the emission control device efficiency (E), the capture system efficiency (F c ), the face velocity through each permanent opening for the capture system with the temporary openings closed, and the overall system emission reduction (R).
(4) For each affected facility that uses a VOC emission reduction system with a control device that destroys VOC (e.g., incinerator) to comply with a percent emission reduction requirement specified under § 60.542(a): The emission control device efficiency (E), the capture system efficiency (F c ), the face velocity through each permanent opening in the capture system with the temporary openings closed, and the overall system emission reduction (R).
(5) For each affected facility that uses a carbon adsorber to comply with a VOC emission limit per tire or per bead specified under § 60.542(a): The mass of VOC used (M o ), the number of tires cemented or sprayed (T o ), the mass of VOC used per tire cemented or sprayed (G), the number of beads cemented (B o ), the mass of VOC used per bead (G b ), the mass of VOC recovered (M r ), the overall system emission reduction (R), the mass of VOC emitted per tire cemented or sprayed (N), and the mass of VOC emitted per bead cemented (N b ).
(6) For each affected facility that uses a VOC emission reduction system with a control device that recovers VOC (e.g., carbon adsorber) to comply with a percent emission reduction requirement specified under § 60.542(a): The mass of VOC used (M o ), the mass of VOC recovered (M r ), and the overall system emission reduction (R).
(7) For each affected facility that elects to comply with the alternate limit specified under § 60.542a: The mass of VOC used (M o ), the number of tires processed (T o ), and the mass of VOC emitted per tire processed (N).
(d) Each owner or operator of an undertread cementing operation, sidewall cementing operation, green tire spraying operation where organic solvent-based sprays are used, or Michelin-B operation who seeks to comply with the requirements described under § 60.543(j) shall include in the initial compliance report a statement specifying, in detail, how each of the equipment design and performance specifications has been met. The initial compliance report also shall include the following data: The emission control device efficiency (E), the face velocity through each permanent enclosure opening with all temporary enclosure openings closed, the total area of all permanent enclosure openings, the total area of all temporary enclosure openings, the maximum solvent use rate (kg/hr or lb/hr), the type(s) of VOC used, the lower explosive limit (LEL) for each VOC used, and the length of time each component is enclosed after application of cement or spray material.
(e) Each owner or operator of an affected facility shall include the following data measured by the required monitoring device(s), as applicable, in the report for each performance test specified under paragraph (c) of this section.
(1) The average combustion temperature measured at least every 15 minutes and averaged over the performance test period of incinerator destruction efficiency for each thermal incinerator.
(2) The average temperature before and after the catalyst bed measured at least every 15 minutes and averaged over the performance test period of incinerator destruction efficiency for each catalytic incinerator.
(3) The concentration level or reading indicated by the organics monitoring device at the outlet of the adsorber, measured at least every 15 minutes and averaged over the performance test period of carbon adsorber recovery efficiency while the vent stream is normally routed and constituted.
(4) The appropriate data to be specified by the Administrator where a VOC recovery device other than a carbon adsorber is used.
(f) Once every 6 months each owner or operator subject to the provisions of § 60.545 shall report, as applicable:
(1) Each monthly average VOC emission rate that exceeds the VOC emission limit per tire or per bead specified under § 60.542(a), as applicable for the affected facility.
(2) Each monthly average VOC use rate that exceeds the monthly VOC usage limit specified under § 60.542(a), as applicable for the affected facility.
(3) Each monthly average VOC emission reduction efficiency for a VOC recovery device (e.g., carbon adsorber) less than the percent efficiency limit specified under § 60.542(a), as applicable for the affected facility.
(4) Each 3-hour period of operation for which the average temperature of the gas stream in the combustion zone of a thermal incinerator, as measured by the temperature monitoring device, is more than 28 °C (50 °F) below the combustion zone temperature measured during the most recent determination of the destruction efficiency of the thermal incinerator that demonstrated that the affected facility was in compliance.
(5) Each 3-hour period of operation for which the average temperature of the gas stream immediately before the catalyst bed of a catalytic incinerator, as measured by the temperature monitoring device, is more than 28 °C (50 °F) below the gas stream temperature measured before the catalyst bed during the most recent determination of the destruction efficiency of the catalyst incinerator that demonstrated that the affected facility was in compliance, and any 3-hour period for which the average temperature difference across the catalyst bed (i.e., the difference between the temperatures of the gas stream immediately before and after the catalyst bed), as measured by the temperature monitoring device, is less than 80 percent of the temperature difference measured during the most recent determination of the destruction efficiency of the catalytic incinerator that demonstrated that the affected facility was in compliance.
(6) Each 3-hour period of operation during which the average concentration level or reading of VOC's in the exhaust gases from a carbon adsorber is more than 20 percent greater than the exhaust gas concentration level or reading measured by the organics monitoring device during the most recent determination of the recovery efficiency of the carbon adsorber that demonstrated that the affected facility was in compliance.
(g) The requirements for semiannual reports remain in force until and unless EPA, in delegating enforcement authority to a State under Section 111(c) of the Act, approves reporting requirements or an alternative means of compliance surveillance adopted by such State. In that event, affected facilities within the State will be relieved of the obligation to comply with these requirements, provided that they comply with the requirements established by the State.
(h) Each owner or operator of an affected facility who initially elected to be subject to the applicable percent emission reduction requirement specified under § 60.542(a) and who later seeks to comply with the applicable total (uncontrolled) monthly VOC use limit specified under § 60.542(a) and who has satisfied the provisions specified under § 60.543(k) shall furnish the Administrator written notification no less than 30 days in advance of the date when he intends to be subject to the applicable VOC use limit instead of the applicable percent emission reduction requirement.
(i) The owner or operator of each undertread cementing operation and each sidewall cementing operation who qualifies for the alternate provisions as described in § 60.542a, shall furnish the Administrator written notification of the election no less than 60 days after September 19, 1989.
(j) The owner or operator of each tread end cementing operation and each green tire spraying (inside and/or outside) operation using water-based sprays containing less than 1.0 percent, by weight, of VOC as described in § 60.543(b)(1) shall furnish the Administrator, within 60 days initially and annually thereafter, formulation data or Method 24 results to verify the VOC content of the water-based sprays in use. If the spray formulation changes before the end of the 12-month period, formulation data or Method 24 results to verify the VOC content of the spray shall be reported within 30 days of the change.
§ 60.547   Test methods and procedures.
(a) The test methods in appendix A to this part, except as provided under § 60.8(b), shall be used to determine compliance with § 60.542(a) as follows:
(1) Method 24 or formulation data for the determination of the VOC content of cements or green tire spray materials. In the event of dispute, Method 24 shall be the reference method. For Method 24, the cement or green tire spray sample shall be a 1-liter sample collected in a 1-liter container at a point where the sample will be representative of the material as applied in the affected facility.
(2) Method 25 as the reference method for the determination of the VOC concentrations in each stack, both entering and leaving an emission control device. The owner or operator shall notify the Administrator at least 30 days in advance of any test by Method 25. For Method 25, the sampling time for each of three runs shall be at least 1 hour. Method 1 shall be used to select the sampling site, and the sampling point shall be the centroid of the duct or at a point no closer to the walls than 1.0 meter (3.3 feet). The minimum sample volume shall be 0.003 dry standard cubic meter (dscm) (0.11 dry standard cubic feet (dscf)) except that shorter sampling times or smaller volumes, when necessitated by process variables or other factors, may be approved by the Administrator.
(3) Method 2, 2A, 2C, or 2D, as appropriate, as the reference method for determination of the flow rate of the stack gas. The measurement site shall be the same as for the Method 25 sampling. A velocity traverse shall be made once per run within the hour that the Method 25 sample is taken.
(4) Method 4 for determination of stack gas moisture.
(5) Method 25 or Method 25A for determination of the VOC concentration in a capture system prior to a control device when only a single VOC is present (see § 60.543 (f)(2)(iv)(G) and (f)(2)(iv)(H)). The owner or operator shall notify the Administrator at least 30 days in advance of any test by either Method 25 or Method 25A. Method 1 shall be used to select the sampling site and the sampling point shall be the centroid of the duct or at a point no closer to the walls than 1.0 meter (3.3 feet). Method 2, 2A, 2C, or 2D, as appropriate, shall be used as the test method for the concurrent determination of gas flow rate in the capture system.
(i) For Method 25, the sampling time for each run shall be at least 1 hour. For each run, a concurrent sample shall be taken immediately upwind of the application area to determine the background VOC concentration of air drawn into the capture system. Subtract this reading from the reading obtained in the capture system for that run. The minimum sample volume shall be 0.003 dry standard cubic meter (dscm) (0.11 dry standard cubic feet (dscf)) except that shorter sampling times or smaller volumes, when necessitated by process variable or other factors, may be approved by the Administrator. Use Method 3 to determine the moisture content of the stack gas.
(ii) For Method 25A, the sampling time for each run shall be at least 1 hour. Instrument calibration shall be performed by the procedure given in Method 25A using the single VOC present in the capture system. A different calibration gas may be used if the results are corrected using an experimentally determined response factor comparing the alternative calibration gas to the single VOC used in the process. After the instrument has been calibrated, determine the background VOC concentration of the air drawn into the capture system immediately upwind of the application area for each run. The instrument does not need to be recalibrated for the background measurement. Subtract this reading from the reading obtained in the capture system for that run. The Method 25A results shall only be used in the alternative procedure for determination of capture efficiency described under § 60.543(f)(2)(iv)(G).
§ 60.548   Delegation of authority.
(a) In delegating implementation and enforcement authority to a State under section 111(c) of the Act, the authorities contained in paragraph (b) of this section shall be retained by the Administrator and not transferred to a State.
(b) Authority which will not be delegated to States: § 60.543(c)(2)(ii)(B).
§ 60.560   Applicability and designation of affected facilities.
(a) Affected facilities. The provisions of this subpart apply to affected facilities involved in the manufacture of polypropylene, polyethylene, polystyrene, or poly (ethylene terephthalate) as defined in § 60.561 of this subpart. The affected facilities designated below for polypropylene and polyethylene are inclusive of all equipment used in the manufacture of these polymers, beginning with raw materials preparation and ending with product storage, and cover all emissions emanating from such equipment.
(1) For process emissions from any polypropylene and polyethylene manufacturing process that uses a continuous process, the affected facilities are each of the following process sections: each raw materials preparation section, each polymerization reaction section, each material recovery section, each product finishing section, and each product storage section. These process sections are affected facilities for process emissions that are emitted continuously and for process emissions that are emitted intermittently.
(2) For process emissions from polystyrene manufacturing processes that use a continuous process, the affected facilities are each material recovery section. These process sections are affected facilities for only those process emissions that are emitted continuously.
(3) For process emissions from poly(ethylene terephthalate) manufacturing processes that use a continuous process, the affected facilities are each polymerization reaction section. If the process uses dimethyl terephthalate, then each material recovery section is also an affected facility. If the process uses terephthalic acid, then each raw materials preparation section is also an affected facility. These process sections are affected facilities for only those process emissions that are emitted continuously.
(4) For VOC emissions from equipment leaks from polypropylene, polyethylene, and polystyrene (including expandable polystyrene) manufacturing processes, the affected facilities are each group of fugitive emissions equipment (as defined in § 60.561) within any process unit (as defined in § 60.561). This subpart does not apply to VOC emissions from equipment leaks from poly(ethylene terephthalate) manufacturing processes.
(i) Affected facilities with a design capacity to produce less than 1,000 Mg/yr (1,102 ton/yr) shall be exempt from § 60.562-2.
(ii) Addition or replacement of equipment for the purposes of improvement which is accomplished without a capital expenditure shall not by itself be considered a modification under § 60.562-2.
(b) Applicability dates. The applicability date identifies when an affected facility becomes subject to a standard. Usually, a standard has a single applicability date. However, some polypropylene and polyethylene affected facilities have a September 30, 1987, applicability date and others have a January 10, 1989, applicability date. The following paragraphs identify the applicability dates for all affected facilities subject to this subpart.
(1) Polypropylene and polyethylene. Each process section in a polypropylene or polyethylene production process is a potential affected facility for both continuous and intermittent emissions. The applicability date depends on when the process section was constructed, modified, or reconstructed and, in some instances, on the type of production process.
(i) The applicability date for any polypropylene or polyethylene affected facility that is constructed, modified, or reconstructed after January 10, 1989, regardless of the type of production process being used, is January 10, 1989.
(ii) Only some polypropylene or polyethylene process sections that are constructed, modified, or reconstructed on or before January 10, 1989, but after September 30, 1987, are affected facilities. These process sections (and the type of emissions to be controlled) are identified by an “x” in table 1. The applicability date for the process sections (and the emissions to be controlled) that are identified by an “x” in table 1 is September 30, 1987. Since the affected facilities that have a September 30, 1987, applicability date are determined by the type of production process (e.g., liquid phase, gas phase), each owner or operator shall identify the particular production process that applies to his or her particular process.
(2) Polystyrene. The applicability date for each polystyrene affected facility is September 30, 1987.
(3) Poly(ethylene terephthalate). The applicability date for each poly(ethylene terephthalate) affected facility is September 30, 1987.
(c) Any facility under paragraph (a) of this section that commences construction, modification, or reconstruction after its applicability date as identified under paragraph (b) of this section is subject to the requirements of this subpart, except as provided in paragraphs (d) through (f) of this section.
(d) Any polypropylene or polyethylene affected facility with a September 30, 1987, applicability date that commenced construction, modification, or reconstruction after September 30, 1987, and on or before January 10, 1989, with an uncontrolled emission rate (as defined in footnote a to table 2) at or below those identified in table 2 is not subject to the requirements of § 60.562-1 unless and until its uncontrolled emission rate exceeds that rate listed for it in table 2 or it is modified or reconstructed after January 10, 1989. At such time, such facility becomes subject to § 60.562-1 and the procedures identified in § 60.562-1(a) shall be used to determine the control of emissions from the facility.
Table 2—Maximum Uncontrolled Threshold Emission Rates a
a “Uncontrolled emission rate” refers to the emission rate of a vent stream that vents directly to the atmosphere and to the emission rate of a vent stream to the atmosphere that would occur in the absence of any add-on control devices but after any material recovery devices that constitute part of the normal material recovery operations in a process line where potential emissions are recovered for recycle or resale.
b Emission rate applies to continuous emissions only.
c Emission rate applies to intermittent emissions only.
d Total emission rate for non-emergency intermittent emissions from raw materials preparation, polymerization reaction, material recovery, product finishing, and product storage process sections.
e See footnote d.
f Emission rate applies to both continuous and intermittent emissions.
g Emission rate applies to non-emergency intermittent emissions only.
h Applies to modified or reconstructed affected facilities only.
i Includes emissions from the cooling water tower.
j Applies to a process line producing low viscosity poly(ethylene terephthlalate).
k Applies to a process line producing high viscosity poly(ethylene terephathalate).
l See footnote m.
m Applies to the sum of emissions to the atmosphere from the polymerization reaction section (including emissions from the cooling tower) and the raw materials preparation section (i.e., the esterifiers).
(e)(1) Modified or reconstructed affected facilities at polystyrene and poly(ethylene terephthalate) plants with uncontrolled emission rates at or below those identified in table 2 are exempt from the requirements of § 60.562-1 unless and until its uncontrolled emission rate exceeds that rate listed for it in table 2. This exemption does not apply to new polystyrene or poly(ethylene terephthalate) affected facilities.
(2) Emissions from modified or reconstructed affected facilities that are controlled by an existing control device and that have uncontrolled emission rates greater than the uncontrolled threshold emission rates identified in table 2 are exempt from the requirements of § 60.562-1 unless and until the existing control device is modified, reconstructed, or replaced.
(f) No process section of an experimental process line is considered an affected facility for continuous or intermittent process emissions.
(g) Individual vent streams that emit continuous emissions with uncontrolled annual emissions of less than 1.6 Mg/yr (1.76 ton/yr) or with a weight percent TOC of less than 0.10 percent from a new, modified, or reconstructed polypropylene or polyethylene affected facility are exempt from the requirements of § 60.562-1(a)(1). If at a later date, an individual stream's uncontrolled annual emissions become 1.6 Mg/yr (1.76 ton/yr) or greater (if the stream was exempted on the basis of the uncontrolled annual emissions exemption) or VOC concentration becomes 0.10 weight percent or higher (if the stream was exempted on the basis of the VOC concentration exemption), then the stream is subject to the requirements of § 60.562-1.
(h) Emergency vent streams, as defined in § 60.561, from a new, modified, or reconstructed polypropylene or polyethylene affected facility are exempt from the requirements of § 60.562-1(a)(2).
(i) An owner or operator of a polypropylene or polyethylene affected facility that commenced construction, modification, or reconstruction after September 30, 1987, and on or before January 10, 1989, and that is in a process line in which more than one type of polyolefin (i.e., polypropylene, low density polyethylene, high density polyethylene, or their copolymers) is produced shall select one of the polymer/production process combinations in table 1 for purposes of determining applicable affected facilities and uncontrolled threshold emissions rates.
(j) Alternative means of compliance —(1) Option to comply with part 65. Owners or operators may choose to comply with 40 CFR part 65, subpart G, for continuous process vents that are subject to this subpart, that choose to comply with § 60.562-1(a)(1)(i)(A), (B), or (C) as allowed in § 60.562-1(a)(1) and (b)(1)(iii). The requirements of 40 CFR part 65, subpart G, satisfy the requirements of paragraph (c) of this section and §§ 60.563 through 60.566, except for § 60.565(g)(1). Other provisions applying to owners or operators who choose to comply with 40 CFR part 65 are provided in 40 CFR 65.1.
(2) Part 60, subpart A. Owners or operators who choose to comply with 40 CFR part 65, subpart G, must also comply with §§ 60.1, 60.2, 60.5, 60.6, 60.7(a)(1) and (4), 60.14, 60.15, and 60.16 for those process vents. All sections and paragraphs of subpart A of this part that are not mentioned in this paragraph (j)(2) do not apply to owners or operators of process vents complying with 40 CFR part 65, subpart G, except that provisions required to be met prior to implementing 40 CFR part 65 still apply. Owners and operators who choose to comply with 40 CFR part 65, subpart G, must comply with 40 CFR part 65, subpart A.
(3) Initial startup notification. Each owner or operator subject to the provisions of this subpart that chooses to comply with 40 CFR part 65, subpart G, at initial startup shall notify the Administrator of the specific provisions of 40 CFR part 65, subpart G, with which the owner or operator has elected to comply. Notification shall be submitted with the notification of initial startup required by 40 CFR 65.5(b).
The numerical emission limits in these standards are expressed in terms of total organic compounds, measured as total organic compounds less methane and ethane.)
§ 60.561   Definitions.
As used in this subpart, all terms not defined herein shall have the meaning given them in the Act, in subpart A of part 60, or in subpart VV of part 60, and the following terms shall have the specific meanings given them.
Boiler means any enclosed combustion device that extracts useful energy in the form of steam.
Capital expenditure means, in addition to the definition in 40 CFR 60.2, an expenditure for a physical or operational change to an existing facility that exceeds P, the product of the facility's replacement cost, R, and an adjusted annual asset guideline repair allowance, A, as reflected by the following equation: P = R × A, where
(a) The adjusted annual asset guideline repair allowance, A, is the product of the percent of the replacement cost, Y, and the applicable basic annual asset guideline repair allowance, B, as reflected by the following equation: A = Y × (B ÷ 100);
(b) The percent Y is determined from the following equation: Y = 1.0 − 0.57 log X, where X is 1986 minus the year of construction; and
(c) The applicable basic annual asset guideline repair allowance, B, is equal to 12.5.
Car-sealed means, for purposes of these standards, a seal that is placed on the device used to change the position of a valve (e.g., from opened to closed) such that the position of the valve cannot be changed without breaking the seal and requiring the replacement of the old seal once broken with a new seal.
Closed vent system means a system that is not open to the atmosphere and that is composed of piping, connections, and, if necessary, flow inducing devices that transport gas or vapor from a piece or pieces of equipment to a control device.
Continuous emissions means any gas stream containing VOC that is generated essentially continuously when the process line or any piece of equipment in the process line is operating.
Continuous process means a polymerization process in which reactants are introduced in a continuous manner and products are removed either continuously or intermittently at regular intervals so that the process can be operated and polymers produced essentially continuously.
Control device means an enclosed combustion device, vapor recovery system, or flare.
Copolymer means a polymer that has two different repeat units in its chain.
Decomposition means, for the purposes of these standards, an event in a polymerization reactor that advances to the point where the polymerization reaction becomes uncontrollable, the polymer begins to break down (decompose), and it becomes necessary to relieve the reactor instantaneously in order to avoid catastrophic equipment damage or serious adverse personnel safety consequences.
Decomposition emissions refers to those emissions released from a polymer production process as the result of a decomposition or during attempts to prevent a decomposition.
Emergency vent stream means, for the purposes of these standards, an intermittent emission that results from a decomposition, attempts to prevent decompositions, power failure, equipment failure, or other unexpected cause that requires immediate venting of gases from process equipment in order to avoid safety hazards or equipment damage. This includes intermittent vents that occur from process equipment where normal operating parameters (e.g., pressure or temperature) are exceeded such that the process equipment can not be returned to normal operating conditions using the design features of the system and venting must occur to avoid equipment failure or adverse safety personnel consequences and to minimize adverse effects of the runaway reaction. This does not include intermittent vents that are designed into the process to maintain normal operating conditions of process vessels including those vents that regulate normal process vessel pressure.
End finisher means a polymerization reaction vessel operated under very low pressures, typically at pressures of 2 mm Hg (1 in. H 2 O) or less, in order to produce high viscosity poly(ethylene terephthalate). An end finisher is preceded in a high viscosity poly(ethylene terephthalate) process line by one or more polymerization vessels operated under less severe vacuums, typically between 5 and 10 mm Hg (3 and 5 in. H 2 O). A high viscosity poly(ethylene terephthalate) process line may have one or more end finishers.
Existing control device means, for the purposes of these standards, an air pollution control device that has been in operation on or before September 30, 1987, or that has been in operation between September 30, 1987, and January 10, 1989, on those continuous or intermittent emissions from a process section that is marked by an “—” in table 1 of this subpart.
Existing control device is reconstructed means, for the purposes of these standards, the capital expenditure of at least 50 percent of the replacement cost of the existing control device.
Existing control device is replaced means, for the purposes of these standards, the replacement of an existing control device with another control device.
Expandable polystyrene means a polystyrene bead to which a blowing agent has been added using either an in-situ suspension process or a post-impregnation suspension process.
Experimental process line means a polymer or copolymer manufacturing process line with the sole purpose of operating to evaluate polymer manufacturing processes, technologies, or products. An experimental process line does not produce a polymer or resin that is sold or that is used as a raw material for nonexperimental process lines.
Flame zone means that portion of the combustion chamber in a boiler occupied by the flame envelope.
Fugitive emissions equipment means each pump, compressor, pressure relief device, sampling connection system, open-ended valve or line, valve, and flange or other connector in VOC service and any devices or systems required by subpart VV of this part.
Gas phase process means a polymerization process in which the polymerization reaction is carried out in the gas phase; i.e., the monomer(s) are gases in a fluidized bed of catalyst particles and granular polymer.
High density polyethylene (HDPE) means a thermoplastic polymer or copolymer comprised of at least 50 percent ethylene by weight and having a density of greater than 0.940 gm/cm 3 3 (58.7 lb/ft 3 ).
High pressure process means the conventional production process for the manufacture of low density polyethylene in which a reaction pressure of about 15,000 psig (103,000 kPa gauge) or greater is used.
High viscosity poly(ethylene terephthalate) means poly(ethylene terephthalate) that has an intrinsic viscosity of 0.9 or higher and is used in such applications as tire cord and seat belts.
Incinerator means an enclosed combustion device that is used for destroying VOC.
In-situ suspension process means a manufacturing process in which styrene, blowing agent, and other raw materials are added together within a reactor for the production of expandable polystyrene.
Intermittent emissions means those gas streams containing VOC that are generated at intervals during process line operation and includes both planned and emergency releases.
Liquid phase process means a polymerization process in which the polymerization reaction is carried out in the liquid phase; i.e., the monomer(s) and any catalyst are dissolved, or suspended in a liquid solvent.
Liquid phase slurry process means a liquid phase polymerization process in which the monomer(s) are in solution (completely dissolved) in a liquid solvent, but the polymer is in the form of solid particles suspended in the liquid reaction mixture during the polymerization reaction; sometimes called a particle form process.
Liquid phase solution process means a liquid phase polymerization process in which both the monomer(s) and polymer are in solution (completely dissolved) in the liquid reaction mixture.
Low density polyethylene (LDPE) means a thermoplastic polymer or copolymer comprised of at least 50 percent ethylene by weight and having a density of 0.940 g/cm 3 (58.7 lb/ft 3 ) or less.
Low pressure process means a production process for the manufacture of low density polyethylene in which a reaction pressure markedly below that used in a high pressure process is used. Reaction pressure of current low pressure processes typically go up to about 300 psig (2,070 kPa gauge).
Low viscosity poly(ethylene terephthalate) means a poly(ethylene terephthalate) that has an intrinsic viscosity of less than 0.75 and is used in such applications as clothing, bottle, and film production.
Material recovery section means the equipment that recovers unreacted or by-product materials from any process section for return to the process line, off-site purification or treatment, or sale. Equipment designed to separate unreacted or by-product material from the polymer product are to be included in this process section, provided at least some of the material is recovered for reuse in the process, off-site purification or treatment, or sale, at the time the process section becomes an affected facility. Otherwise such equipment are to be assigned to one of the other process sections, as appropriate. Equipment that treats recovered materials are to be included in this process section, but equipment that also treats raw materials are not to be included in this process section. The latter equipment are to be included in the raw materials preparation section. If equipment is used to return unreacted or by-product material directly to the same piece of process equipment from which it was emitted, then that equipment is considered part of the process section that contains the process equipment. If equipment is used to recover unreacted or by-product material from a process section and return it to another process section or a different piece of process equipment in the same process section or sends it off-site for purification, treatment, or sale, then such equipment are considered part of a material recovery section. Equipment used for the on-site recovery of ethylene glycol from poly(ethylene terephthalate) plants, however, are not included in the material recovery section, but are covered under the standards applicable to the polymerization reaction section (§ 60.562-1(c)(1)(ii)(A) or (2)(ii)(A)).
Operating day means, for the purposes of these standards, any calendar day during which equipment used in the manufacture of polymer was operating for at least 8 hours or one labor shift, whichever is shorter. Only operating days shall be used in determining compliance with the standards specified in § 60.562-1(c)(1)(ii)(B), (1)(ii)(C), (2)(ii)(B), and (2)(ii)(C). Any calendar day in which equipment is used for less than 8 hours or one labor shift, whichever is less, is not an “operating day” and shall not be used as part of the rolling 14-day period for determining compliance with the standards specified in § 60.562-1(c)(1)(ii)(B), (1)(ii)(C), (2)(ii)(B), and (2)(ii)(C).
Polyethylene means a thermoplastic polymer or copolymer comprised of at least 50 percent ethylene by weight; see low density polyethylene and high density polyethylene.
Poly(ethylene terephthalate) (PET) means a polymer or copolymer comprised of at least 50 percent bis-(2-hydroxyethyl)-terephthalate (BHET) by weight.
Poly(ethylene terephthalate) (PET) manufacture using dimethyl terephthalate means the manufacturing of poly(ethylene terephthalate) based on the esterification of dimethyl terephthalate (DMT) with ethylene glycol to form the intermediate monomer bis-(2-hydroxyethyl)-terephthalate (BHET) that is subsequently polymerized to form PET.
Poly(ethylene terephthalate) (PET) manufacture using terephthalic acid means the manufacturing of poly(ethylene terephthalate) based on the esterification reaction of terephthalic acid (TPA) with ethylene glycol to form the intermediate monomer bis-(2-hydroxyethyl)-terephthalate (BHET) that is subsequently polymerized to form PET.
Polymerization reaction section means the equipment designed to cause monomer(s) to react to form polymers, including equipment designed primarily to cause the formation of short polymer chains (oligomers or low polymers), but not including equipment designed to prepare raw materials for polymerization, e.g., esterification vessels. For the purposes of these standards, the polymerization reaction section begins with the equipment used to transfer the materials from the raw materials preparation section and ends with the last vessel in which polymerization occurs. Equipment used for the on-site recovery of ethylene glycol from poly(ethylene terephthalate) plants, however, are included in this process section, rather than in the material recovery process section.
Polypropylene (PP) means a thermoplastic polymer or copolymer comprised of at least 50 percent propylene by weight.
Polystyrene (PS) means a thermoplastic polymer or copolymer comprised of at least 80 percent styrene or para-methylstyrene by weight.
Post-impregnation suspension process means a manufacturing process in which polystyrene beads are first formed in a suspension process, washed, dried, or otherwise finished and then added with a blowing agent to another reactor in which the beads and blowing agent are reacted to produce expandable polystyrene.
Process heater means a device that transfers heat liberated by burning fuel to fluids contained in tubular coils, including all fluids except water that is heated to produce steam.
Process line means a group of equipment assembled that can operate independently if supplied with sufficient raw materials to produce polypropylene, polyethylene, polystyrene, (general purpose, crystal, or expandable) or poly(ethylene terephthalate) or one of their copolymers. A process line consists of the equipment in the following process sections (to the extent that these process sections are present at a plant): raw materials preparation, polymerization reaction, product finishing, product storage, and material recovery.
Process section means the equipment designed to accomplish a general but well-defined task in polymer production. Process sections include raw materials preparation, polymerization reaction, material recovery, product finishing, and product storage and may be dedicated to a single process line or common to more than one process line.
Process unit means equipment assembled to perform any of the physical and chemical operations in the production of polypropylene, polyethylene, polystyrene, (general purpose, crystal, or expandable), or poly(ethylene terephthalate) or one of their copolymers. A process unit can operate independently if supplied with sufficient feed or raw materials and sufficient storage facilities for the product. Examples of process units are raw materials handling and monomer recovery.
Product finishing section means the equipment that treats, shapes, or modifies the polymer or resin to produce the finished end product of the particular facility, including equipment that prepares the product for product finishing. For the purposes of these standards, the product finishing section begins with the equipment used to transfer the polymerized product from the polymerization reaction section and ends with the last piece of equipment that modifies the characteristics of the polymer. Product finishing equipment may accomplish product separation, extruding and pelletizing, cooling and drying, blending, additives introduction, curing, or annealing. Equipment used to separate unreacted or by-product material from the product are to be included in this process section, provided the material separated from the polymer product is not recovered at the time the process section becomes an affected facility. If the material is being recovered, then the separation equipment are to be included in the material recovery section. Product finishing does not include polymerization, the physical mixing of the pellets to obtain a homogenous mixture of the polymer (except as noted below), or the shaping (such as fiber spinning, molding, or fabricating) or modification (such as fiber stretching and crimping) of the finished end product. If physical mixing occurs in equipment located between product finishing equipment (i.e., before all the chemical and physical characteristics have been “set” by virtue of having passed through the last piece of equipment in the product finishing section), then such equipment are to be included in this process section. Equipment used to physically mix the finished product that are located after the last piece of equipment in the product finishing section are part of the product storage section.
Product storage section means the equipment that is designed to store the finished polymer or resin end product of the particular facility. For the purposes of these standards, the product storage section begins with the equipment used to transfer the finished product out of the product finishing section and ends with the containers used to store the final product. Any equipment used after the product finishing section to recover unreacted or by-product material are to be considered part of a material recovery section. Product storage does not include any intentional modification of the characteristics of any polymer or resin product, but does include equipment that provide a uniform mixture of product, provided such equipment are used after the last product finishing piece of equipment. This process section also does not include the shipment of a finished polymer or resin product to another facility for further finishing or fabrication.
Raw materials preparation section means the equipment located at a polymer manufacturing plant designed to prepare raw materials, such as monomers and solvents, for polymerization. For the purposes of these standards, this process section begins with the equipment used to transfer raw materials from storage and recovered material from material recovery process sections, and ends with the last piece of equipment that prepares the material for polymerization. The raw materials preparation section may include equipment that accomplishes purification, drying, or other treatment of raw materials or of raw and recovered materials together, activation of catalysts, and esterification including the formation of some short polymer chains (oligomers), but does not include equipment that is designed primarily to accomplish the formation of oligomers, the treatment of recovered materials alone, or the storage of raw materials.
Recovery system means an individual unit or series of material recovery units, such as absorbers, condensers, and carbon adsorbers, used for recovering volatile organic compounds.
Total organic compounds (TOC) means those compounds measured according to the procedures specified in § 60.564.
Vent stream means any gas stream released to the atmosphere directly from an emission source or indirectly either through another piece of process equipment or a material recovery device that constitutes part of the normal recovery operations in a polymer process line where potential emissions are recovered for recycle or resale, and any gas stream directed to an air pollution control device. The emissions released from an air pollution control device are not considered a vent stream unless, as noted above, the control device is part of the normal material recovery operations in a polymer process line where potential emissions are recovered for recycle or resale.
Volatile organic compounds (VOC) means, for the purposes of these standards, any reactive organic compounds as defined in § 60.2 Definitions.
§ 60.562-1   Standards: Process emissions.
(a) Polypropylene, low density polyethylene, and high density polyethylene. Each owner or operator of a polypropylene, low density polyethylene, or high density polyethylene process line containing a process section subject to the provisions of this subpart shall comply with the provisions in this section on and after the date on which the initial performance test required by § 60.8 is completed, but not later than 60 days after achieving the maximum production rate at which the affected facility will be operated, or 180 days after initial startup whichever comes first.
(1) Continuous emissions. For each vent stream that emits continuous emissions from an affected facility as defined in § 60.560(a)(1), the owner or operator shall use the procedures identified in paragraphs (a)(1) (ii) and (iii) of this section for determining which continuous emissions are to be controlled and which level of control listed in paragraph (a)(1)(i) of this section is to be met. The owner or operator shall use the procedures identified in paragraphs (a)(1) (ii) and (iii) of this section each time a process section is constructed, modified, or reconstructed at the plant site.
(i) Level of control Continuous emission streams determined to be subject to control pursuant to the procedures identified in paragraphs (a)(1) (ii) and (iii) of this section, as applicable, shall meet one of the control levels identified in paragraphs (a)(1)(i) (A) through (D) of this section. The procedures in paragraphs (a)(1) (ii) and (iii) of this section identify which level of control may be met. The level of control identified in paragraph (a)(1)(i)(D) of this section is limited to certain continuous emission streams, which are identified through the procedures in paragraphs (a)(1) (ii) and (iii) of this section.
(A) Reduce emissions of total organic compounds (minus methane and ethane) (TOC) by 98 weight percent, or to a concentration of 20 parts per million by volume (ppmv) on a dry basis, whichever is less stringent. The TOC is expressed as the sum of the actual compounds, not carbon equivalents. If an owner or operator elects to comply with the 20 ppmv standard, the concentration shall include a correction to 3 percent oxygen only when supplemental combustion air is used to combust the vent stream.
(B) Combust the emissions in a boiler or process heater with a design heat input capacity of 150 million Btu/hour or greater by introducing the vent stream into the flame zone of the boiler or process heater. (Note: A boiler or process heater of lesser design heat capacity may be used, but must demonstrate compliance with paragraph (a)(1)(i)(A) of this section.)
(C) Combust the emissions in a flare that meets the conditions specified in § 60.18. If the flare is used to control both continuous and intermittent emissions, the flare shall meet the conditions specified in § 60.18 at all times (i.e., which controlling continuous emissions alone or when controlling both continuous and intermittent emissions).
(D) Vent the emissions to a control device located on the plant site.
(ii) Uncontrolled Continuous Emissions. For each vent stream that emits continuous emissions from an affected facility as defined in § 60.560(a)(1) and that is not controlled in an existing control device, the owner or operator shall use the procedures identified in table 3 to identify those continuous emissions from each constructed, modified, or reconstructed affected facility that are to be controlled. The owner shall include in the procedure all uncontrolled continuous vent streams from previously constructed, modified, or reconstructed affected facilities at the plant site each time a process section is constructed, modified, or reconstructed at the plant site. In applying the procedures shown in table 3, the stream characteristics may be either measured or calculated as specified in § 60.564(d). For modified or reconstructed affected facilities, these stream characteristics are to be determined after a modification or reconstruction determination has been made by the Administrator, but before any actual changes have been undertaken, and then again after the actual changes have been made. Figure 1 provides a summary overview of the control determination procedure described in table 3.
Table 3—Procedure for Determining Control and Applicable Standard for Continuous Emission Streams From New, Modified, or Reconstructed Polypropylene and Polyethylene Affected Facilities
a Individual streams excluded under § 60.560(g) from the requirements of § 60.562-1 are to be excluded from all calculations in this table. This paragraph exempts all individual emission streams with individual uncontrolled annual emission rates of less than 1.6 Mg/yr and all individual emission streams with individual TOC concentrations of less than 0.10 percent TOC by weight.
b For the 0.10 to less than 5.5 weight percent range, the following equations are used:
For the 5.5 to less than 20 weight percent range, the following equations are used.
(iii) Controlled Continuous Emissions. For each vent stream that emits continuous emissions from an affected facility as defined in § 60.560(a)(1) and that is controlled in an existing control device, each owner or operator shall determine whether the emissions entering the control device are greater than or equal to the calculated threshold emissions (CTE) level, which is to be calculated using the TOC concentration of the inlet vent stream and the equations in footnote b of table 3. If the inlet stream's TOC concentration is equal to or greater than 20 weight percent, the calculated threshold emissions level is 18.2 Mg/yr (20.1 ton/yr). If multiple emission streams are vented to the control device, the individual streams are not to be separated into individual weight percent ranges for calculation purposes as would be done for uncontrolled emission streams. Emissions vented to an existing control device are required to be controlled as described in paragraphs (a)(1)(iii) (A) and (B) of this section. Figure 2 illustrates the control determination procedure for controlled continuous emissions.
(A) If the annual emissions of the stream entering the control device are equal to or greater than the CTE levels, then compliance with one of the requirements identified in § 60.562-1(a)(1)(i) (A), (B), or (C) is required at such time the control device is reconstructed or replaced or has its operating conditions modified as a result of State or local regulations (including changes in the operating permit) including those instances where the control device is reconstructed, replaced, or modified in its operation at the same time the existing process section is modified or reconstructed and becomes an affected facility. If the existing control device already complies with one of the requirements identified in § 60.562-1(a)(1)(i) (A), (B), or (C), no further control is required.
(B) If the annual emissions of the stream entering the control device are less than the CTE level, then the requirements of § 60.562-1(a)(1)(i) (A), (B), or (C) are not applicable at that time. However, if the control device is replaced, reconstructed, or modified at a later date, each owner or operator shall reevaluate the applicability of these standards. This is done by combining with the vent stream entering the control device any uncontrolled vent streams in the same weight percent range as the controlled vent stream and determining whether the annual emissions of the stream entering the control device plus the applicable uncontrolled vent streams are greater than or equal to the CTE level, which is based on the weighted TOC concentration of the controlled vent stream and the uncontrolled vent streams. If the annual emissions entering the control device (including the applicable uncontrolled vent streams) are greater than or equal to the CTE level, then compliance with one of the requirements identified in § 60.562-1(a)(1)(i) (A), (B), or (C) is required at that time for both the controlled and uncontrolled vent streams. If the annual emissions are less than the CTE level, compliance with these standards is again not required at such time. However, if the control device is again replaced, reconstructed, or modified, each owner or operator shall repeat this determination procedure.
(2) Intermittent emissions. The owner or operator shall control each vent stream that emits intermittent emissions from an affected facility as defined in § 60.560-1(a)(1) by meeting one of the control requirements specified in paragraphs (a)(2) (i) and (ii) of this section. If a vent stream that emits intermittent emissions is controlled in an existing flare, incinerator, boiler, or process heater, the requirements of this paragraph are waived until such time the control device is reconstructed or replaced or is modified in its operating conditions as a result of State or local regulation, including changes in the operating permit. This paragraph does not apply to emergency vent streams exempted by § 60.560(h) and as defined in § 60.561.
(i) Combust the emissions in a flare that is:
(A) Designed for and operated with no visible emissions, except for periods not to exceed a total of 5 minutes during any 2 consecutive hours,
(B) Operated with a flame present at all times, and
(C) Designed to maintain a stable flame.
(ii) Combust the emissions in an incinerator, boiler, or process heater. Such emissions shall be introduced into the flame zone of a boiler or process heater.
(b) Polystyrene. Each owner or operator of a polystyrene process line containing process sections subject to the provisions of this subpart shall comply with the provisions in this section on and after the date on which the initial performance test required by § 60.8 is completed, but not later than 60 days after achieving the maximum production rate at which the affected facility will be operated, or 180 days after initial startup, whichever comes first. Each owner or operator of a polystyrene process line using a continuous process shall:
(1) Limit the continuous TOC emissions from the material recovery section by complying with one of the following:
(i) Not allow continuous TOC emissions to be greater than 0.0036 kg TOC/Mg (0.0072 lb TOC/ton) product; or
(ii) Not allow the outlet gas stream temperature from each final condenser in the material recovery section to exceed −25 °C (−13 °F). For purposes of this standard, temperature excursions above this limit shall not be considered a violation when such excursions occur during periods of startup, shutdown, or malfunction; or
(iii) Comply with § 60.562-1(a)(1)(i) (A), (B), or (C).
(2) If continuous TOC emissions from the material recovery section are routed through an existing emergency vapor recovery system, then compliance with these standards is required when the emergency vapor recovery system undergoes modification, reconstruction, or replacement. In such instances, compliance with these standards shall be achieved no later than 180 days after completion of the modification, reconstruction, or replacement.
(c) Poly(ethylene terephthalate). Each owner or operator of a poly(ethylene terephthalate) process line containing process sections subject to the provisions of this subpart shall comply with the provisions in this section on and after the date on which the initial performance test required by § 60.8 is completed, but not later than 60 days after achieving the maximum production rate at which the affected facility will be operated, or 180 days after initial startup, whichever comes first.
(1) Each owner or operator of a PET process line using a dimethyl terephthalate process shall:
(i) Limit the continuous TOC emissions from the material recovery section (i.e., methanol recovery) by complying with one of the following:
(A) Not allow the continuous TOC emissions to be greater than 0.018 kg TOC/Mg (0.036 lb TOC/ton) product; or
(B) Not allow the outlet gas stream temperature from each final condenser in the material recovery section (i.e., methanol recovery) to exceed +3 °C (+37 °F). For purposes of this standard, temperature excursions above this limit shall not be considered a violation when such excursions occur during periods of startup, shutdown, or malfunction.
(ii) Limit the continuous TOC emissions and, if steam-jet ejectors are used to provide vacuum to the polymerization reactors, the ethylene glycol concentration from the polymerization reaction section by complying with the appropriate standard set forth below. The ethylene glycol concentration limits specified in paragraphs (c)(1)(ii) (B) and (C) of this section shall be determined by the procedures specified in § 60.564(j).
(A) Not allow continuous TOC emissions from the polymerization reaction section (including emissions from any equipment used to further recover the ethylene glycol, but excluding those emissions from the cooling tower) to be greater than 0.02 kg TOC/Mg (0.04 lb TOC/ton) product; and
(B) If steam-jet ejectors are used as vacuum producers and a low viscosity product is being produced using single or multiple end finishers or a high viscosity product is being produced using a single end finisher, maintain the concentration of ethylene glycol in the liquid effluent exiting the vacuum system servicing the polymerization reaction section at or below 0.35 percent by weight, averaged on a daily basis over a rolling 14-day period of operating days; or
(C) If steam-jet ejectors are used as vacuum producers and a high viscosity product is being produced using multiple end finishers, maintain an ethylene glycol concentration in the cooling tower at or below 6.0 percent by weight, averaged on a daily basis over a rolling 14-day period of operating days.
(2) Each owner or operator of a PET process line using a terephthalic acid process shall:
(i) Not allow the continuous TOC emissions from the esterification vessels in the raw materials preparation section to be greater than 0.04 kg TOC/Mg (0.08 lb TOC/ton) product.
(ii) Limit the continuous TOC emissions and, if steam-jet ejectors are used to provide vaccum to the polymerization reactors, the ethylene glycol concentration from the polymerization reaction section by complying with the appropriate standard set forth below. The ethylene glycol concentration limits specified in paragraphs (c)(2)(ii) (B) and (C) of this section shall be determined by the procedures specified in § 60.564(j).
(A) Not allow continuous TOC emissions from the polymerization reaction section (including emissions from any equipment used to further recover the ethylene glycol, but excluding those emissions from the cooling tower) to be greater than 0.02 kg TOC/Mg (0.04 lb TOC/ton) product; and
(B) If steam-jet ejectors are used as vacuum producers and a low viscosity product is being produced using single or multiple end finishers or a high viscosity product is being produced using a single end finisher, maintain the concentration of ethylene glycol in the liquid effluent exiting the vacuum system servicing the polymerization reaction section at or below 0.35 percent by weight, averaged on a daily basis over a rolling 14-day period of operating days; or
(C) If steam-jet ejectors are used as vacuum producers and a high viscosity product is being produced using multiple end finishers, maintain an ethylene glycol concentration in the cooling tower at or below 6.0 percent by weight, averaged on a daily basis over a rolling 14-day period of operating days.
(d) Closed vent systems and control devices used to comply with this subpart shall be operated at all times when emissions may be vented to them.
(e) Vent systems that contain valves that could divert a vent stream from a control device shall have car-sealed opened all valves in the vent system from the emission source to the control device and car-sealed closed all valves in vent system that would lead the vent stream to the atmosphere, either directly or indirectly, bypassing the control device.
§ 60.562-2   Standards: Equipment leaks of VOC.
(a) Each owner or operator of an affected facility subject to the provisions of this subpart shall comply with the requirements specified in §§ 60.482-1 through 60.482-10 as soon as practicable, but no later than 180 days after initial startup, except that indications of liquids dripping from bleed ports in existing pumps in light liquid service are not considered to be a leak as defined in § 60.482-2(b)(2). For purposes of this standard, a “bleed port” is a technologically-required feature of the pump whereby polymer fluid used to provide lubrication and/or cooling of the pump shaft exits the pump, thereby resulting in a visible leak of fluid. This exemption expires when the existing pump is replaced or reconstructed.
(b) An owner or operator may elect to comply with the requirements specified in §§ 60.483-1 and 60.483-2.
(c) An owner or operator may apply to the Administrator for a determination of equivalency for any means of emission limitation that achieves a reduction in emissions of VOC at least equivalent to the reduction in emissions of VOC achieved by the controls required in this subpart. In doing so, the owner or operator shall comply with requirements specified in § 60.484.
(d) Each owner or operator subject to the provisions of this subpart shall comply with the provisions specified in § 60.485 except an owner or operator may use the following provision in addition to § 60.485(e): Equipment is in light liquid service if the percent evaporated is greater than 10 percent at 150 °C (302 °F) as determined by ASTM Method D86-78, 82, 90, 95, or 96 (incorporated by reference as specified in § 60.17).
(e) Each owner or operator subject to the provisions of this subpart shall comply with §§ 60.486 and 60.487.
§ 60.563   Monitoring requirements.
(a) Whenever a particular item of monitoring equipment is specified in this section to be installed, the owner or operator shall install, calibrate, maintain, and operate according to manufacturer's specifications that item as follows:
(1) A temperature monitoring device to measure and record continuously the operating temperature to within 1 percent (relative to degrees Celsius) or ±0.5 °C (±0.9 °F), whichever is greater.
(2) A flame monitoring device, such as a thermocouple, an ultraviolet sensor, an infrared beam sensor, or similar device to indicate and record continuously whether a flare or pilot light flame is present, as specified.
(3) A flow monitoring indicator to indicate and record whether or not flow exists at least once every fifteen minutes.
(4) An organic monitoring device (based on a detection principle such as infrared, photoionization, or thermal conductivity) to indicate and record continuously the concentration level of organic compounds.
(5) A specific gravity monitoring device to measure and record continuously to within 0.02 specific gravity unit.
(b) The owner or operator shall install, as applicable, the monitoring equipment for the control means used to comply with § 60.562-1, except § 60.562-1(a)(1)(i)(D), as follows:
(1) If the control equipment is an incinerator:
(i) For a noncatalytic incinerator, a temperature monitoring device shall be installed in the firebox.
(ii) For a catalytic incinerator, temperature monitoring devices shall be installed in the gas stream immediately before and after the catalytic bed.
(2) If a flare is used:
(i) A flame monitoring device shall be installed to indicate the presence of a flare flame or a flame for each pilot light, if the flare is used to comply with § 60.562-1(a)(1), including those flares controlling both continuous and intermittent emissions.
(ii) A thermocouple or equivalent monitoring device to indicate the presence of a flame at each pilot light, if used to comply with § 60.562-1(a)(2).
(3) If a boiler or process heater is used:
(i) If the boiler or process heater has a heat input design capacity of less than 150 million Btu/hr, a temperature monitoring device shall be installed between the radiant section and the convection zone for watertube boilers and between the furnace (combustion zone) and the firetubes for firetube boilers.
(ii) If the boiler or process heater has a heat input design capacity of 150 million Btu/hr or greater, such records to indicate the periods of operation of the boiler or process heater shall be maintained. The records must be readily available for inspection.
(4) If an absorber is the final unit in a system:
(i) A temperature monitoring device and a specific gravity monitoring device for the scrubber liquid shall be installed, or
(ii) An organic monitoring device shall be installed at the outlet of the absorber.
(5) If a condenser is the final unit in a system:
(i) A temperature monitoring device shall be installed at the condenser exit (product side), or
(ii) An organic monitoring device shall be installed at the outlet of the condenser.
(6) If a carbon adsorber is the final unit in a system, an organic monitoring device shall be installed at the outlet of the carbon bed.
(c) Owners or operators of control devices used to comply with the provisions of this subpart, except § 60.562-1(a)(1)(i)(D), shall monitor these control devices to ensure that they are operated and maintained in conformance with their designs.
(d) Owners or operators using a vent system that contains valves that could divert a vent stream from a control device used to comply with the provisions of this subpart shall do one or a combination of the following:
(1) Install a flow indicator immediately downstream of each valve that if opened would allow a vent stream to bypass the control device and be emitted, either directly or indirectly, to the atmosphere. The flow indicator shall be capable of recording flow at least once every fifteen minutes.
(2) Monitor the valves once a month, checking the position of the valves and the condition of the car seal, and identify all times when the car seals have been broken and the valve position has been changed (i.e., from opened to closed for valves in the vent piping to the control device and from closed to open for valves that allow the stream to be vented directly or indirectly to the atmosphere).
(e) An owner or operator complying with the standards specified under § 60.562-1, except § 60.562-1(a)(1)(i)(D), with control devices other than an incinerator, boiler, process heater, flare, absorber, condenser, or carbon adsorber or by any other means shall provide to the Administrator information describing the operation of the control device and the process parameter(s) which would indicate proper operation and maintenance of the device. The Administrator may request further information and will specify appropriate monitoring procedures or requirements.
§ 60.564   Test methods and procedures.
(a) In conducting the performance tests required in § 60.8, the owner or operator shall use as reference methods and procedures the test methods in appendix A of this part or other methods and procedures specified in this section, except as provided under § 60.8(b). Owners or operators complying with § 60.562-1(a)(1)(i)(D) need not perform a performance test on the control device, provided the control device is not used to comply with any other requirement of § 60.562-1(a).
(1) Whenever changes are made in production capacity, feedstock type or catalyst type, or whenever there is replacement, removal, or addition of a control device, each owner or operator shall conduct a performance test according to the procedures in this section as appropriate, in order to determine compliance with § 60.562-1.
(2) Where a boiler or process heater with a design heat input capacity of 150 million Btu/hour or greater is used, the requirement for an initial performance test is waived, in accordance with § 60.8(b). However, the Administrator reserves the option to require testing at such other times as may be required, as provided for in § 114 of the Act.
(3) The owner or operator shall determine the average organic concentration for each performance test run using the equipment described in § 60.563(a)(4). The average organic concentration shall be determined from measurements taken at least every 15 minutes during each performance test run. The average of the three runs shall be the base value for the monitoring program.
(4) When an absorber is the final unit in the system, the owner or operator shall determine the average specific gravity for each performance test run using specific gravity monitoring equipment described in § 60.563(a)(5). An average specific gravity shall be determined from measurements taken at least every 15 minutes during each performance test run. The average of the three runs shall be the base value for the monitoring program.
(5) When a condenser is the final unit in the system, the owner or operator shall determine the average outlet temperature for each performance test run using the temperature monitoring equipment described in § 60.563(a)(1). An average temperature shall be determined from measurements taken at least every 15 minutes during each performance test run while the vent stream is normally routed and constituted. The average of the three runs shall be the base value for the monitoring program.
(b) The owner or operator shall determine compliance with the emission concentration standard in § 60.562-1 (a)(1)(i)(A) or (b)(1)(iii) if applicable [if not, see paragraph (c) of this section] as follows:
(1) The TOC concentration is the sum of the individual components and shall be computed for each run using the following equation:
(i) Method 18 shall be used to determine the concentration of each individual organic component (C j ) in the gas stream. Method 1 or 1A, as appropriate, shall be used to determine the sampling site at the outlet of the control device. Method 4 shall be used to determine the moisture content, if necessary.
(ii) The sampling time for each run shall be 1 hour in which either an integrated sample or four grab samples shall be taken. If grab sampling is used, then the samples shall be taken at 15 minute intervals.
(2) If supplemental combustion air is used, the TOC concentration shall be corrected to 3 percent oxygen and shall be computed using the following equation:
(c) If paragraph (b) of this section is not applicable, then the owner or operator shall determine compliance with the percent emission reduction standard in § 60.562-1 (a)(1)(i)(A) or (b)(1)(iii) as follows:
(1) The emission reduction of TOC (minus methane and ethane) shall be determined using the following equation:
(2) The mass rates of TOC (E i , E o ) shall be computed using the following equations:
(i) Method 18 shall be used to determine the concentration of each individual organic component (C ij , C oj ) in the gas stream. Method 1 or 1A, as appropriate, shall be used to determine the inlet and outlet sampling sites. The inlet site shall be before the inlet of the control device and after all product recovery units.
(ii) Method 2, 2A, 2C, or 2D, as appropriate, shall be used to determine the volumetric flow rates (Q i , Q o ). If necessary, Method 4 shall be used to determine the moisture content. Both determinations shall be compatible with the Method 18 determinations.
(iii) Inlet and outlet samples shall be taken simultaneously. The sampling time for each run shall be 1 hour in which either an integrated sample or four grab samples shall be taken. If grab sampling is used, then the samples shall be taken at 15 minute intervals.
(d) An owner or operator shall determine compliance with the individual stream exemptions in § 60.560(g) and the procedures specified in table 3 for compliance with § 60.562-1(a)(1) as identified in paragraphs (d)(1) and (2) of this section. An owner or operator using the procedures specified in § 60.562-1(a)(1) for determining which continuous process emissions are to be controlled may use calculations demonstrated to be sufficiently accurate as to preclude the necessity of actual testing for purposes of calculating the uncontrolled annual emissions and weight percent of TOC. Owners or operators seeking to exempt streams under § 60.560(g) must use the appropriate test procedures specified in this section.
(1) The uncontrolled annual emissions of the individual vent stream shall be determined using the following equation:
(i) Method 18 shall be used to determine the concentration of each individual organic component (C j ) in the gas stream. Method 1 or 1A, as appropriate, shall be used to determine the sampling site. If the gas stream is controlled in an existing control device, the sampling site shall be before the inlet of the control device and after all product recovery units.
(ii) Method 2, 2A, 2C, or 2D, as appropriate, shall be used to determine the volumetric flow rate (Q). If necessary, Method 4 shall be used to determine the moisture content. Both determinations shall be compatible with the Method 18 determinations.
(iii) The sampling time for each run shall be 1 hour in which either an integrated sample or four grab samples shall be taken. If grab sampling is used, then the samples shall be taken at 15 minute intervals.
(2) The weight percent VOC of the uncontrolled individual vent stream shall be determined using the following equation:
(i) Method 18 shall be used to determine the concentration of each individual organic component (C j ) in the gas stream. Method 1 or 1A, as appropriate, shall be used to determine the sampling site. If the gas stream is controlled in an existing control device, the sampling site shall be before the inlet of the control device and after all product recovery units. If necessary, Method 4 shall be used to determine the moisture content. This determination shall be compatible with the Method 18 determinations.
(ii) The average molecular weight of the gas stream shall be determined using methods approved by the Administrator. If the carrier component of the gas stream is nitrogen, then an average molecular weight of 28 g/g-mole (lb/lb-mole) may be used in lieu of testing. If the carrier component of the gas stream is air, then an average molecular weight of 29 g/g-mole (lb/lb-mole) may be used in lieu of testing.
(iii) The sampling time for each run shall be 1 hour in which either an integrated sample or four grab samples shall be taken. If grab sampling is used, then the samples shall be taken at 15 minute intervals.
(e) The owner or operator shall determine compliance of flares with the visible emission and flare provisions in § 60.562-1 as follows:
(1) Method 22 shall be used to determine visible emissions. The observation period for each run shall be 2 hours.
(2) The monitoring device of § 60.563(b)(2) shall be used to determine whether a flame is present.
(f) The owner or operator shall determine compliance with the net heating value provisions in § 60.18 as referenced by § 60.562-1(a)(1)(i)(C). The net heating value of the process vent stream being combusted in a flare shall be computed as follows:
(1) Method 18 shall be used to determine the concentration of each individual organic component (C j ) in the gas stream. Method 1 or 1A, as appropriate, shall be used to determine the sampling site to the inlet of the flare. Using this same sample, ASTM D1946-77 or 90 (Reapproved 1994) (incorporated by reference—see § 60.17) shall be used to determine the hydrogen and carbon monoxide content.
(2) The sampling time for each run shall be 1 hour in which either an integrated sample or four grab samples shall be taken. If grab sampling is used, then the samples shall be taken at 15 minute intervals.
(3) Published or calculated values shall be used for the net heats of combustion of the sample components. If values are not published or cannot be calculated, ASTM D2382-76 or 88 or D4809-95 (incorporated by reference—see § 60.17) may be used to determine the net heat of combustion of component “j.”
(g) The owner or operator shall determine compliance with the exit velocity provisions in § 60.18 as referenced by § 60.562-1(a)(1)(i)(C) as follows:
(1) If applicable, the net heating value (H T ) of the process vent shall be determined according to the procedures in paragraph (f) of this section to determine the applicable velocity requirements.
(2) If applicable, the maximum permitted velocity (V max ) for steam-assisted and nonassisted flares shall be computed using the following equation:
(3) The maximum permitted velocity, V max , for air-assisted flares shall be determined by the following equation:
(4) The actual exit velocity of a flare shall be determined by dividing the volumetric flow rate (in units of standard temperature and pressure), as determined by Method 2, 2A, 2C, or 2D as appropriate, by the unobstructed (free) cross sectional area of the flare tip.
(h) The owner or operator shall determine compliance with the mass emission per mass product standards in §§ 60.560(d) and (e) and in §§ 60.562-1(b)(1)(i), (c)(1)(i)(A), (c)(1)(ii)(A), (c)(2)(i), and (c)(2)(ii)(A).
(1) The emission rate of TOC shall be computed using the following equation:
(2) The mass rate of TOC, E TOC , shall be determined according to the procedures, as appropriate, in paragraph (c)(2) of this section. The sampling site for determining compliance with §§ 60.560 (d) and (e) shall be before any add-on control devices and after all product recovery devices. Otherwise, the sampling site shall be at the outlet of the control device.
(3) The rate of polymer production, P p , shall be determined by dividing the weight of polymer pulled (in kg (lb)) from the process line during the performance test by the number of hours taken to perform the performance test. The weight of polymer pulled shall be determined by direct measurement or, subject to prior approval by the Administrator, computed from materials balance by good engineering practice.
(i) The owner or operator shall determine continuous compliance with the temperature requirements in §§ 60.562-1(b)(1)(ii) and 60.562-1(c)(1)(i)(B) by using the temperature monitoring equipment described in § 60.563(a)(1). An average temperature shall be determined from measurements taken at least every 15 minutes every three hours while the vent stream is normally routed and constituted. Each three-hour period constitutes a performance test.
(j) For purposes of determining compliance with § 60.562-1(c) (1)(ii)(B), (1)(ii)(C), (2)(ii)(B), or (2)(ii)(C), the ethylene glycol concentration in either the cooling tower or the liquid effluent from steam-jet ejectors used to produce a vacuum in the polymerization reactors, whichever is applicable, shall be determined:
(1) Using procedures that conform to the methods described in ASTM D2908-74 or 91, “Standard Practice for Measuring Volatile Organic Matter in Water by Aqueous-Injection Gas Chromatography” (incorporated by reference—see § 60.17), except as provided in paragraph (j)(2) of this section:
(i) At least one sample per operating day shall be collected using the grab sampling procedures of ASTM D3370-76 or 96a, “Standard Practices for Sampling Water” (incorporated by reference—see § 60.17). An average ethylene glycol concentration by weight shall be calculated on a daily basis over a rolling 14-day period of operating days, except as provided in paragraphs (j)(1) (ii) and (iii) of this section. Each daily average ethylene glycol concentration so calculated constitutes a performance test. Exceedance of the standard during the reduced testing program specified in paragraphs (j)(1) (ii) and (iii) of this section is a violation of these standards.
(ii) For those determining compliance with § 60.562-1(c) (1)(ii)(B) or (2)(ii)(B), the owner or operator may elect to reduce the sampling program to any 14 consecutive day period once every two calendar months, if at least seventeen consecutive 14-day rolling average concentrations immediately preceding the reduced sampling program are each less than 0.10 weight percent ethylene glycol. If the average concentration obtained over the 14 day sampling during the reduced testing period exceeds the upper 95 percent confidence interval calculated from the most recent test results in which no one 14-day average exceeded 0.10 weight percent ethylene glycol, then the owner or operator shall reinstitute a daily sampling program. A reduced sampling program can be reinstituted if the requirements specified in this paragraph are met.
(iii) For those determining compliance with § 60.562-1(c)(1)(ii)(C) or (c)(2)(ii)(C), the owner or operator may elect to reduce the sampling program to any 14 consecutive day period once every two calendar months, if at least seventeen consecutive 14-day rolling average concentrations immediately preceding the reduced sampling program are each less than 1.8 weight percent ethylene glycol. If the average concentration obtained over the 14 day sampling during the reduced test period exceeds the upper 95 percent confidence interval calculated from the most recent test results in which no one 14-day average exceeded 1.8 weight percent ethylene glycol, then the owner or operator shall reinstitute a daily sampling program. A reduced program can be reinstituted if the requirements specified in this paragraph are met.
(iv) The upper 95 percent confidence interval shall be calculated using the equation:
(2) Measuring an alternative parameter, such as carbon oxygen demand or biological oxygen demand, that is demonstrated to be directly proportional to the ethylene glycol concentration. Such parameter shall be measured during the initial 14-day performance test during which the facility is shown to be in compliance with the ethylene glycol concentration standard whereby the ethylene glycol concentration is determined using the procedures described in paragraph (j)(1) of this section. The alternative parameter shall be measured on a daily basis and the average value of the alternative parameter shall be calculated on a daily basis over a rolling 14-day period of operating days. Each daily average value of the alternative parameter constitutes a performance test.