[Federal Register Volume 66, Number 111 (Friday, June 8, 2001)]
[Notices]
[Pages 30905-30912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14476]



[[Page 30905]]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6993-5]


Recent Posting to the Applicability Determination Index (ADI) 
Database System of Agency Applicability Determinations, Alternative 
Monitoring Decisions, and Regulatory Interpretations Pertaining to 
Standards of Performance for New Stationary Sources and National 
Emission Standards for Hazardous Air Pollutants

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability.

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SUMMARY: This notice announces applicability determinations, 
alternative monitoring decisions, and regulatory interpretations that 
EPA has made under the new source performance standards (NSPS)(40 CFR 
part 60), and the national emission standards for hazardous air 
pollutants (NESHAP)(40 CFR parts 61 and 63).

FOR FURTHER INFORMATION CONTACT: An electronic copy of each complete 
document posted on the Applicability Determination Index (ADI) database 
system is available on the Internet through the ADI at http://es.epa.gov/oeca/eptdd/adi.html. The document may be located by date, 
author, subpart, or subject search. For questions about the ADI or this 
notice, contact Valerie Bynum at EPA by phone at (202) 564-4189, or by 
email at <a href="/cdn-cgi/l/email-protection#a2c0dbccd7cf8cd4c3cec7d0cbc7e2c7d2c3cfc3cbce8cc7d2c38cc5cdd4"><span class="__cf_email__" data-cfemail="22405b4c574f0c54434e47504b47624752434f434b4e0c4752430c454d54">[email protected]</span></a>. For technical questions about 
the individual applicability determinations or monitoring decisions, 
refer to the contact person identified in the individual documents, or 
in absence of a contact person, refer to the author of the document.

SUPPLEMENTARY INFORMATION:

Background

    The General Provisions to the NSPS in 40 CFR part 60 and the NESHAP 
in 40 CFR part 61 provide that a source owner or operator may request a 
determination of whether certain intended actions constitute the 
commencement of construction, reconstruction, or modification. EPA's 
written responses to these inquiries are broadly termed applicability 
determinations. See 40 CFR 60.5 and 61.06. The NSPS and NESHAP also 
allow sources to seek permission to use monitoring or recordkeeping 
which is different from the promulgated requirements. See 40 CFR 
60.13(i), 61.14(g), 63.8(b)(1), 63.8(f), and 63.10(f). EPA's written 
responses to these inquiries are broadly termed alternative monitoring 
decisions. Further, EPA responds to written inquiries about the broad 
range of NSPS and NESHAP regulatory requirements as they pertain to a 
whole source category. These inquiries may pertain, for example, to the 
type of sources to which the regulation applies, or to the testing, 
monitoring, recordkeeping or reporting requirements contained in the 
regulation.
    EPA currently compiles EPA-issued NSPS and NESHAP applicability 
determinations, alternative monitoring decisions, and regulatory 
interpretations, and posts them on the Applicability Determination 
Index (ADI) on a quarterly basis. The ADI is an electronic index on the 
Internet with over one thousand EPA letters and memoranda pertaining to 
the applicability, monitoring, recordkeeping, and reporting 
requirements of the NSPS and NESHAP. The letters and memoranda may be 
searched by date, office of issuance, subpart, citation, control number 
or by string word searches.
    Today's notice comprises a summary of 63 of such documents added to 
the ADI on April 17, 2001. The subject, author, recipient, and date 
(header) of each letter and memorandum is listed in this notice, as 
well as a brief abstract of the letter or memorandum. Complete copies 
of these documents may be obtained from the ADI at http://es.epa.gov/oeca/eptdd/adi.html.

Summary of Headers and Abstracts

    The following table identifies the database control number for each 
document posted on the ADI database system on April 17, 2001, the 
applicable category, the subpart(s) of 40 CFR part 60, 61, or 63 (as 
applicable) covered by the document, and the title of the document, 
which provides a brief description of the subject matter. We have also 
included an abstract of each document identified with its control 
number after the table. These abstracts are provided solely to alert 
the public to possible items of interest and are not intended as 
substitutes for the full text of the documents.

----------------------------------------------------------------------------------------------------------------
                                  ADI Determinations Uploaded on April 17, 2001
-----------------------------------------------------------------------------------------------------------------
            Control No.                     Category                 Subpart                    Title
----------------------------------------------------------------------------------------------------------------
M010002............................  MACT..................  KK....................  Coating Finishing Lines
                                                                                      with Some Rotogravure
                                                                                      Printing
M010003............................  MACT..................  T, GG.................  Degreaser Subject to
                                                                                      Aerospace MACT
M010004............................  MACT..................  DD....................  Applicability of OSWRO MACT
                                                                                      to a Chute
M010005............................  MACT..................  GG....................  Aerospace MACT
                                                                                      Applicability & Transition
                                                                                      Policy
M010006............................  MACT..................  JJJ...................  Alternative Monitoring
M010008............................  MACT..................  H.....................  Applicability to In-line
                                                                                      Check Valves
M010009............................  MACT..................  LLL...................  Performance Test Deadline
                                                                                      Extension
M010010............................  MACT..................  A.....................  Test Waiver Request
M010011............................  MACT..................  DDD, NNN..............  Mineral Wool & Wool
                                                                                      Fiberglass Resin Curing
Z000006............................  NESHAP................  FF....................  Treatment and Control
                                                                                      Requirements for TSD
                                                                                      Facilities
Z010002............................  NESHAP................  F, V..................  Equivalent Equipment and
                                                                                      Procedures
0000117............................  NSPS..................  Db....................  Coke Oven Gas Under NSPS
                                                                                      Subpart Db
0000118............................  NSPS..................  Dc....................  Request for Waiver for
                                                                                      Monitoring Under Subpart
                                                                                      Dc
0000119............................  NSPS..................  VVV...................  Subpart VVV Applicability
                                                                                      to a Battery Pack Line
0000120............................  NSPS..................  OOO...................  Portable Automatic
                                                                                      Aggregate Sampling Devices
                                                                                      Applicability
0000121............................  NSPS..................  J.....................  Definition of ``all 12 hour
                                                                                      periods'' Under Subpart J
0000122............................  NSPS..................  OOO...................  Test Waiver for Stone &
                                                                                      Lime Company
0000123............................  NSPS..................  NNN...................  Alternative Monitoring
                                                                                      Methodology
0000124............................  NSPS..................  Db....................  Boiler Modification
0000125............................  NSPS..................  DDD...................  Waiver of Source Test
0000126............................  NSPS..................  Dc....................  Alternative Fuel Usage
                                                                                      Recordkeeping
0000127............................  NSPS..................  BB....................  Brown Stock Washer
                                                                                      Exemption

[[Page 30906]]

 
0000128............................  NSPS..................  GG, A.................  Subpart GG--Alternative
                                                                                      Monitoring and Testing
0000129............................  NSPS..................  GG, A.................  Subpart GG--Waiver of
                                                                                      Initial Performance Test
0000130............................  NSPS..................  Db....................  Subpart Db--Coke Oven Gas &
                                                                                      Furnace Oven Gas
0100001............................  NSPS..................  AAa...................  Alternative Sampling
                                                                                      Procedure
0100002............................  NSPS..................  OOO, A................  Relocated Crusher
0100003............................  NSPS..................  GG....................  Monitor Certification
                                                                                      Deadline Extension
0100004............................  NSPS..................  Db....................  Predictive Emission
                                                                                      Monitoring
0100005............................  NSPS..................  J.....................  Alternative Monitoring
                                                                                      Procedure
0100006............................  NSPS..................  Db....................  NO<INF>X</INF> Emission Standard
                                                                                      Applicability
0100007............................  NSPS..................  GG, A.................  Test Waiver
0100008............................  NSPS..................  Dc....................  Recordkeeping Waiver
0100009............................  NSPS..................  Db, A.................  Predictive Emission
                                                                                      Monitoring
0100010............................  NSPS..................  Db, A.................  Predictive Emission
                                                                                      Monitoring
0100011............................  NSPS..................  HH....................  Alternative Opacity
                                                                                      Monitoring Under NSPS
                                                                                      Subpart HH
0100012............................  NSPS..................  PPP...................  Request to Monitor Third
                                                                                      Field of a Three-Field Wet
                                                                                      ESP
0100013............................  NSPS..................  Db....................  Alternative Opacity
                                                                                      Monitoring Under Subpart
                                                                                      Db
0100014............................  NSPS..................  GG....................  Custom Fuel Monitoring
                                                                                      Schedule
0100015............................  NSPS..................  AA....................  Applicability of Subpart AA
                                                                                      to EAF at a Foundry
0100016............................  NSPS..................  Dc....................  Approval of Derate Proposal
0100017............................  NSPS..................  GG....................  Alternative Monitoring
                                                                                      Schedule Under Subpart GG
0100018............................  NSPS..................  NNN, RRR, Dc..........  Alternative Monitoring
                                                                                      Proposals
0100019............................  NSPS..................  GG....................  Alternative Monitoring for
                                                                                      Subpart GG
0100020............................  NSPS..................  GG....................  Alternative Monitoring for
                                                                                      Subpart GG
0100021............................  NSPS..................  OOO, LLL..............  Performance Test Deadline
                                                                                      Extension
0100022............................  NSPS..................  BB....................  Exemption from TRS
                                                                                      Standards for Brown Stock
                                                                                      Washers
0100023............................  NSPS..................  GG....................  Nitrogen Monitoring Waiver
0100024............................  NSPS..................  EE....................  HVLP Transfer Efficiency
0100025............................  NSPS..................  VV....................  Applicability to In-line
                                                                                      Check Valves/Limited VOC
                                                                                      Equipment
0100026............................  NSPS..................  Dc....................  Opacity Monitoring
                                                                                      Alternative
0100027............................  NSPS..................  GG, A.................  Test Deadline Extension
0100028............................  NSPS..................  Db....................  Opacity Monitoring
                                                                                      Alternative
0100029............................  NSPS..................  Dc, A.................  Test Deadline Extension
0100030............................  NSPS..................  GG, A.................  Test Deadline Extension
0100031............................  NSPS..................  UU, A.................  Visible Emission Test
                                                                                      Reduction
0100032............................  NSPS..................  Db....................  Opacity Monitoring
                                                                                      Alternative
0100033............................  NSPS..................  GG....................  Custom Fuel Monitoring
                                                                                      Schedule
0100034............................  NSPS..................  J, A..................  CEM Requirement for
                                                                                      Measuring H2S Vapors in
                                                                                      Loading Racks
0100035............................  NSPS..................  J, A..................  Approval of H2S Alternative
                                                                                      Monitoring for Loading
                                                                                      Racks
0100036............................  NSPS..................  VVV...................  Alternative Compliance
                                                                                      Method Under Subpart VVV
0100037............................  NSPS..................  A, J..................  Refinery Fuel Gas
                                                                                      Alternative Monitoring
                                                                                      Plan
0100038............................  NSPS..................  QQQ...................  QQQ Applicability to Oil
                                                                                      Refinery
----------------------------------------------------------------------------------------------------------------

Abstracts:

ADI Control #M010002

    Q. Is a facility with finishing lines that perform rotogravure 
printing and coating excluded from the Printing and Publishing MACT if 
it maintains records under Section 63.829(f) for each finishing line?
    A. Yes. The facility is excluded from the MACT provided it 
maintains records under Section 63.829(f) to show that for each month 
the mass of inks, solvents etc. applied by the print station on each 
finishing line does not exceed five weight-percent of the total mass of 
inks, solvents, etc. applied by that finishing line in that month.

ADI Control #M010003

    Q1: How should potential to emit be calculated for the halogenated 
solvent cleaning MACT?
    A1: The equation for PTE in the Halogenated Solvent Cleaning MACT 
is the correct equation to use when determining PTE for the MACT.
    Q2: Is Component Repair Technology (CRT) a major source as defined 
at 40 CFR Sec. 63.2, subject to the Aerospace MACT?
    A2: Yes. CRT is considered a major source as defined at 40 CFR 63.2 
and is subject to the Aerospace MACT based on the PTE.
    Q3: Is CRT subject to Title V permitting?
    A3: Yes. CRT is subject to Title V permitting.

ADI Control #M010004

    Q1: Does the client's portable funnel type ``chute'' meet the 
definition of transfer system under 40 CFR 63.681?
    A1: Yes. Based on the information submitted and a phone call on 
March 01, 2000, your client's chute does meet the definition of 
transfer system under 40 CFR 63.681.
    Q2: What emission control equipment, if any, is required during the 
transfer of material from container to container for the purpose of 
repackaging the waste?
    A2: Required control equipment which are not individual drain 
systems are given at 40 CFR 63.689(c)(1)--(3). The control equipment 
includes covers, hard piping or an enclosed transfer

[[Page 30907]]

system vented through a closed vent system to a control device.

ADI Control #M010005

    Q: Does the Aerospace MACT apply to the United Airlines 
Indianapolis Maintenance Center (IMC)?
    A: Yes. Based upon the information submitted, IMC's hangars would 
be considered new sources subject to the Aerospace MACT. As a new 
source, compliance with the Aerospace MACT is required at the time of 
startup.

ADI Control #M010006

    Q1: Is water flow rate an acceptable alternative to water 
temperature and specific gravity for monitoring the performance of a 
scrubber on 3M's Poly (ethylene terephthalate) line?
    A1: Yes. Since the company uses a once-through water system, the 
water flow rate be a better indicator of scrubber performance than the 
water temperature and specific gravity. Q2: Is monitoring the chilled 
water temperature an acceptable alternative to monitoring the product 
side temperature on a condenser at the plant?
    A2: No. The request did not provide enough information explaining 
why the proposed alternative parameter will be as good an indicator of 
condenser performance as the product side temperature.
    Q3: Will EPA accept the use of Method 25D to determine the group 
status for the plant?
    A3: Yes. The proposed test method is consistent with the applicable 
standard.
    Q4: Will EPA accept the use of EPA Method 21 to identify leaks?
    A4: Conditional. The proposal is unacceptable if the company only 
intends to repair leaks confirmed through Method 21. The proposal is 
acceptable if the company intends to use Method 21 to find and repair 
additional leaks that would not have been detected through visual, 
audible, olfactory, or other detection methods.

ADI Control #M010008

    Q1: Are small valves which are less than 0.5 inches in diameter and 
are associated with instrumentation systems considered valves under 40 
CFR 60.482-7? Because valves which are less than 0.5 inches in diameter 
are not considered valves under 40 CFR Part 63 Subpart H, should they 
be included in component counts under NSPS Subpart VV?
    A1: Valves which are less than 0.5 inches in diameter and are 
associated with instrumentation systems are considered valves under 
NSPS Subpart VV. Although valves of less than 0.5 inches in diameter 
associated with instrumentation systems are not regulated as valves 
under 40 CFR Part 63 Subpart H, they are considered to be components of 
instrumentation systems, which are regulated by Subpart H.
    Because NSPS Subpart VV does not specify an instrumentation system 
as a separate piece of equipment regulated by the standard, valves of 
less than 0.5 inches in diameter associated with instrumentation 
systems are regulated by the Subpart VV standard as valves.
    Q2: Is an in-line check valve subject to the requirements of Sec. 
60.482-7(f) or is it considered a no detectable emissions valve?
    A2: Since in-line check valves are enclosed within process piping 
for directional control and do not have the potential for fugitive 
emissions which are regulated by the standard, they may be considered 
exempt from the Subpart VV regulation as valves.
    Q3: Subpart H of the MACT standards at 40 CFR 63.160(a) exempts 
equipment that is in organic hazardous air pollutant service for less 
than 300 hours per year. Is equipment in VOC service less than 300 
hours per year required to be monitored under Subpart VV?
    A3: Since NSPS Subpart VV does not include an exemption for 
equipment that is in organic hazardous air pollutant service for less 
than 300 hours per year, equipment in VOC service less than 300 hours 
per year is not exempt from monitoring requirements.

ADI Control #M010009

    Q: Due to weather conditions, a facility subject to Subpart LLL 
will not be able to test some control devices and maintain production 
levels required for testing by the deadline required by 40 CFR 63.7(b). 
Will EPA approve a 60 day extension of the deadline?
    A: Yes. The request for an extension was approved.

ADI Control #M010010

    Q: Can the requirement to conduct a performance test on a flare at 
a plant in Pensacola be waived?
    A: Yes. Because continuous flow monitors that are installed on 
natural gas and process gas streams ducted to the flare provide 
information that can be use to verify compliance with the flare 
performance requirements in 40 CFR 63.11, it will not be necessary to 
conduct a test on the flare. As a condition for approval of this 
testing waiver, the company must recalibrate its flow monitors annually 
and report exceedances on a semiannual basis.

ADI Control #M010011

    Q: Is a facility that cuts e-glass fiber from textile mills, mixes 
the fiber with thermoset plastic resin, and cures the mixture in an 
oven, subject to the mineral wool or wool fiberglass MACT?
    A: No. The facility does not produce the fiber that it uses, does 
not use any of the sources or manufacturing lines named in the MACTs, 
except curing ovens, uses the ovens to cure the resin but not the 
fibers, and is not part of a manufacturing line stretching across 
separate facilities.

ADI Control #Z000006

    Q: Although the annual quantity of benzene managed at a treatment, 
storage, and disposal (TSD) facility does not exceed 10 Mg, the TSD 
facility receives waste from facilities described in Sec. 61.340 which 
do generate an annual quantity of benzene greater than 10 Mg and are 
subject to Subpart FF. Will the treatment requirements in Sec. 
61.342(c)(1)(i) and the control requirements in Sec. 61.342(c)(1)(ii) 
apply to the TSD facility?
    A: Yes. A TSD facility is subject to the treatment and control 
requirements in Sec. 61.342(c)(1)(i) and (ii) if the total annual 
benzene (TAB) quantity received on-site is greater than or equal to 10 
Mg per year, or if the TSD facility receives waste from any facility 
listed in Sec. 61.340(a) whose TAB exceeds 10 Mg.

ADI Control #Z010002

    Q: A company plans to install a liquid ring vacuum compressor and 
has proposed that the compressor would meet the requirements of Subpart 
F as an equivalent piece of equipment. Does the company's proposal 
qualify as equivalent equipment and procedures as allowed by Sec. 61.66 
of the Subpart F regulation?
    A: Yes. The Subpart F regulation at Sec. 61.65(b)(3)(iii) indicates 
that compliance with the provisions of 40 CFR Part 61 Subpart V will 
also demonstrate compliance with the provisions of Sec. 
61.65(b)(3)(iii). The company has proposed to demonstrate compliance by 
meeting the requirements of Subpart V at Sec. 61.242-3(i). The company 
has indicated that it will designate the compressor as having no 
detectable emissions as described in Sec. 61.242-3(i) and Sec. 
61.246(e)(2).

ADI Control #0000117

    Q: Is coke oven gas the same as coal for purposes of the Subpart Db 
requirements?
    A: Yes, coke oven gas is the same as coal by definition under 
Subpart Db.

[[Page 30908]]

ADI Control #0000118

    Q: May a residual oil fired boiler which has a heat input capacity 
greater than 30 million BTUs/hr and is subject to Subpart Dc use fuel 
supplier certifications for monitoring compliance with the 
SO<INF>2</INF> limit?
    A: No. Under Subpart Dc, only distillate oil fired boilers of that 
size may use fuel supplier certifications for showing continued 
compliance with the SO<INF>2</INF> emission limit. With regard to the 
facility in question here, boilers greater than 30 million BTUs/hr in 
heat input capacity that burn residual oil are not allowed to show 
compliance via fuel supplier certifications.

ADI Control #0000119

    Q: Is a new fiber coating pilot plant for battery manufacture 
subject to NSPS Subpart VVV?
    A: Some lines are subject and others are not based on the 
definition of an affected facility. In this case, the plastic film 
coating line is not subject as there is a specific exemption for 
plastic film coating under Subpart VVV.

ADI Control #0000120

    Q: Is a portable automatic aggregate sampling device subject to 
NSPS Subpart OOO?
    A: No. Portable automatic aggregate sampling devices are not 
covered by the definition of an affected facility under Subpart OOO.

ADI Control #0000121

    Q: What is the definition of ``periods of excess emissions'' under 
Subpart J Section 60.105(e)(4)?
    A: Under Section 60.105, the language ``all 12-hour periods'' 
appears for SO<INF>2</INF> emissions. EPA interprets this to mean all 
periods during which the ``rolling 12 hour average Claus Sulfur 
Recovery Plant SO<INF>2</INF> emissions'' exceed 250 ppm for plants 
which are controlled by an oxidation or reduction system followed by 
incineration.

ADI Control #0000122

    Q: Will EPA waive the Method 5 testing requirement for the new feed 
bin baghouse installation at a stone and lime company?
    A: Due to the efficiency of the new baghouse and difficulty in 
doing the Method 5 testing, EPA will waive the particulate mass rate 
testing as allowed under Section 60.8 if it is satisfied that the 
source is in compliance with the regulations by other means. The Method 
9 visible emission readings must still be taken.

ADI Control #0000123

    Q: A company has a production unit which uses a vacuum seal pot for 
both product recovery and the control of total organic compound 
emissions, and has proposed to monitor the temperature of the seal pot 
as an alternate monitoring methodology. The temperature of the seal pot 
would be monitored at least once every 15 minutes and exceedances would 
be defined as any 3-hour average temperature which is 110C above the 
temperature measured during the performance test. Would this be 
acceptable?
    A: Yes. The measurement of temperature would be an acceptable 
measure of equipment performance of the seal pot.

ADI Control #0000124:

    Q: A company made physical changes to a boiler in 1988 to increase 
its capacity to burn bagasse, and in 1994 they began firing wood in the 
boiler. The boiler has an annual capacity factor for fuel oil of ten 
percent or less. Is the boiler an affected facility under Subpart Db?
    A: Yes. The physical changes which were made to increase the use of 
bagasse also increased its capacity for burning wood, which increased 
the hourly emission rate of PM. The boiler has undergone a modification 
and is an affected facility subject to the Subpart Db emission 
standards for PM. The Subpart Db emission standards for NO<INF>X</INF> 
and SO<INF>2</INF> do not apply to the boiler.

ADI Control #0000125

    Q: A facility which manufactures polyethylene terephthalate (PET) 
resin using terephthalic acid and ethylene glycol as raw materials 
requested a waiver from testing three esterifier receiver tanks in the 
raw materials preparation section of the plant. Is a source test waiver 
appropriate?
    A: Yes. A waiver was granted because testing of other similar 
emission points provides adequate assurance of compliance and because 
the tank emissions are very low when compared to the rest of the 
process.

ADI Control #0000126

    Q: A company which has three natural-gas fired 12.0 MMBtu/hr steam 
generating units requests permission to keep records of fuel usage on a 
monthly basis rather than daily as required by Subpart Dc. A single gas 
meter will be used for the entire plant and the fuel usage for each 
unit will be prorated based on its design heat input capacity as a 
percentage of the total design heat input capacity for all natural gas-
fired units at the plant. Is this an acceptable alternative fuel usage 
recordkeeping frequency?
    A: Yes. The proposal to keep records for each steam generating unit 
on a monthly basis is acceptable.

ADI Control #0000127

    Q: Is a company which proposes to make changes to a brown stock 
washer system exempt from the TRS standard due to technical issues and 
the costs associated with incinerating the exhaust emissions?
    A: In order to make a determination as to whether the exemption 
allowed under Sec. 60.283(a)(1)(iv) is appropriate, additional 
information concerning the project will be needed.

ADI Control #0000128

    Q1: Will EPA waive the requirement to monitor the nitrogen content 
of pipeline natural gas and allow an alternative STM standard test 
method for monitoring the sulfur content?
    A1: Yes. Each of the turbines are fueled with pipeline natural gas 
which contains no fuel-bound nitrogen. EPA will approve the use of ASTM 
D 5504-94 or 5453-93 for sulfur analysis.
    Q2: Will EPA allow semi-annual monitoring frequency for sulfur 
content?
    A2: Yes, if the source has demonstrated low data variability and 
sulfur content results which are below the standard.
    Q3: Will EPA approve the use of a CEM to monitor NO<INF>X</INF> 
emissions on a source which uses water injection to control 
NO<INF>X</INF> and a request that the source not be required to 
continuously correct the data to ISO standard ambient conditions?
    A3: Yes, the use of a CEM is approved and the source does not have 
to correct the CEM data to ISO standards since the source demonstrated 
that their emissions are well below the standard.
    Q4: Can a source use the NO<INF>X</INF> CEM RA test to conduct the 
initial performance test?
    A4: Yes, EPA approved the RA test for the NO<INF>X</INF> CEM as an 
alternative to the initial performance test.

ADI Control #0000129

    Q: Will EPA provide a conditional waiver for the initial 
performance test?
    A: Yes, because the source is a peak loading station and conditions 
have not allowed the source to operate to perform the initial 
performance test by the deadline.

ADI Control #0000130

    Q1: Does coke oven gas constitute ``coal'' as defined under Subpart 
Db?
    A1: Yes. For the purposes of Subpart Db, coke is a coal-derived 
synthetic fuel,

[[Page 30909]]

and hence is regulated as coal under Subpart Db.
    Q2: Does blast furnace gas constitute ``coal'' as defined under 
Subpart Db?
    A2: No. Blast furnace gas is not derived from coal, and hence, is 
not regulated as coal under Subpart Db.

ADI Control #0100001

    Q: Is an alternative sampling procedure proposed for a baghouse 
used to control particulate emissions from an electric arc furnace 
(EAF) acceptable?
    A: Yes. Because the amount of particulate collected with this 
baghouse represents less than four percent of the total particulate 
collected by the two baghouses used to control EAF emissions, measuring 
the flow rate at the baghouse inlet would be an acceptable alternative 
to measuring the flow rate in each of the 14 exhaust stacks on the 
baghouse during performance testing.

ADI Control #0100002

    Q: Is a relocated crusher at a facility subject to 40 CFR Part 60, 
Subpart OOO?
    A: Because this crusher was originally constructed in 1973, it 
would be subject to New Source Performance Standards only if it has 
been modified or reconstructed after the applicability date of Subpart 
OOO (August 31, 1983). Because the determination request from the 
company addressed the issues of modification and reconstruction only 
from a subjective standpoint, it will be necessary to obtain additional 
information in order to resolve Subpart OOO applicability conclusively.

ADI Control #0100003

    Q: Will EPA grant an extension of the deadline to complete 
certification testing of nitrogen oxides continuous emission monitoring 
systems installed on three combustion turbines?
    A: An extension of the certification deadline under 40 CFR Part 60, 
Subpart GG is acceptable to Region 4 because market conditions do not 
currently justify operating these peaking turbines. However, to request 
an extension of the certification deadline under 40 CFR Part 75, the 
company must submit a petition to the Clean Air Markets Division at EPA 
Headquarters.

ADI Control #0100004

    Q: Can a nitrogen oxides predictive emission monitoring system 
(PEMS) be used for demonstrating initial compliance and conducting 
ongoing monitoring on a boiler at a chemical company?
    A: Yes. Based upon the results of a relative accuracy test audit 
conducted at three different boiler loads and the average nitrogen 
oxides emission rate reported by the PEMS for the initial 30-day 
compliance test, the PEMS can be used both for demonstrating initial 
compliance and for conducting ongoing monitoring.

ADI Control #0100005

    Q: Is monitoring the hydrogen sulfide content of the fuel gas for 
two hydrogen reformer furnaces at a refinery using Draeger tubes an 
acceptable alternative to installing, certifying, and operating a 
hydrogen sulfide continuous emission monitoring system on the fuel gas 
line upstream of the furnaces?
    A: Yes. Based upon historical data on the fuel gas hydrogen sulfide 
content and the fact that the company in question has an economic 
incentive to keep the sulfur content of the fuel gas low in order to 
avoid damaging the reformer catalyst, the proposed alternative will be 
adequate for monitoring the fuel gas hydrogen sulfide content.

ADI Control #0100006

    Q: Under what conditions will firing a recovery boiler at a kraft 
pulp with only natural gas when the mill is shut down trigger the 
applicability of the nitrogen oxides emission standard in 40 CFR part 
60, Subpart Db?
    A: As long as the company complies with the annual capacity factor 
limit of ten percent or less for natural gas in its federally 
enforceable permit, the boiler will not be subject to the nitrogen 
oxides limit in Subpart Db. In addition to answering this basic 
applicability question, the determination provided input on a number of 
issues involving the deadline for initial testing and compliance 
demonstration procedures should the annual capacity factor for natural 
gas ever exceed 10 percent.

ADI Control #0100007

    Q: Will EPA waive the requirement to conduct an initial performance 
test on two simple cycle combustion turbines if testing on two 
identical units at a facility indicate that emissions are less than 50 
percent of the nitrogen oxides emission standard in 40 CFR part 60, 
Subpart GG?
    A: Yes. Based upon the expectation that the variability in 
emissions between identical units will be low, waiving the requirement 
to conduct testing on a unit when the margin of compliance on an 
identical unit is high would be reasonable. The fact that nitrogen 
oxides continuous emission monitoring systems will be installed, 
certified, and operated on each turbine at the facility provides 
additional justification for waiving the requirement to conduct testing 
on all four units at the plant.

ADI Control #0100008

    Q: Will EPA waive the requirement to monitor the amount of fuel 
burned each day in a boiler?
    A: No. Fuel usage records are needed in order to verify that the 
company is not burning fuels to which an emission standard applies. 
Although the requirement to keep fuel usage records cannot be waived, a 
monthly fuel usage recordkeeping frequency was approved in this case 
because the only fuels currently burned in the boiler are natural gas 
and propane.

ADI Control #0100009

    Q: Can a nitrogen oxides predictive emission monitoring system 
(PEMS) be used for demonstrating initial compliance and conducting 
ongoing monitoring on a package boiler at a kraft pulp mill?
    A: Yes. Based upon the results of relative accuracy test audits 
conducted at three different boiler loads and the average nitrogen 
oxides emission rate reported by the PEMS for the initial 30-day 
compliance test, the PEMS can be used both for demonstrating initial 
compliance and for conducting ongoing monitoring.

ADI Control #0100010

    Q: Can a nitrogen oxides predictive emission monitoring system 
(PEMS) be used for conducting ongoing monitoring on two boilers in 
South Carolina?
    A: Based upon relative accuracy test audit (RATA) results, the PEMS 
for natural gas firing in Boiler No. 1 is acceptable, and the PEMS for 
natural gas firing in Boiler No. 2 will be acceptable if the company 
applies a bias correction factor of 1.072 to all nitrogen oxides 
results reported for this unit. The PEMS for oil firing cannot be 
approved for either unit because the company did not conduct RATAs that 
could be used to evaluate the accuracy of the PEMS when this fuel is 
fired.

ADI Control #0100011

    Q: May Method 9 readings be used as an alternative to continuous 
opacity monitoring of a lime kiln where the COM does not provide 
accurate measurements because of steam interferences?
    A: Yes. Method 9 readings may be used as an alternative to 
continuous opacity monitoring under specified requirements, which 
include daily readings and quarterly reporting.

ADI Control #0100012

    Q: May a facility monitor the voltage and current of the third 
field of a three-

[[Page 30910]]

field wet electrostatic precipitator instead of each field?
    A: No. A facility is required to monitor each field of the wet 
electrostatic precipitator.

ADI Control #0100013

    Q: Will EPA approve the use of Method 9 visible emission readings 
in lieu of a COM for a Subpart Db boiler?
    A: Yes. EPA approves the use of Method 9 instead of the 
installation of a COM due to the very clean fuel being required for use 
in the boiler and the limited period of operation allowed in the 
permit. Similar allowances have been approved by EPA in the past under 
similar circumstances.

ADI Control #0100014

    Q: Will EPA approve under Subpart GG a custom fuel monitoring 
schedule for pipeline quality natural gas fuel being used at new gas 
turbines?
    A: Yes. EPA approves the use of a custom fuel monitoring schedule 
based on the national policy of 1987 for stationary gas turbines 
burning natural gas fuel. The fuel quality indicates that compliance 
will be met at the turbines.

ADI Control #0100015

    Q: Is a specific furnace at a foundry plant subject to NSPS Subpart 
AA?
    A: No. At the time of installation of the ``C'' furnace there was 
an exemption provided for Electric Arc Furnaces located in foundries.

ADI Control #0100016

    Q: Will EPA approve a boiler deration proposal from a company to 
limit the size of boilers at two facilities?
    A: Yes. EPA Region III approves the deration proposal because it 
meets EPA's Policy on boiler deration for limiting the steam generation 
capacity of the boilers.

ADI Control #0100017

    Q: Will EPA approve a custom fuel monitoring schedule under Subpart 
GG for Jet A fuel to be burned in certain gas turbines due to the small 
amount of time they are used and the fuel quality specifications?
    A: Yes. EPA has the authority to approve custom fuel monitoring 
schedules under Subpart GG based on the operation of the turbines and 
the characteristics of the fuel supply.

ADI Control #0100018

    Q: Will EPA approve an alternative monitoring procedure for the 
distillation column vent streams from a new Acetal Resin plant that 
involves monitoring valve positions and total gas flow? Will EPA 
approve alternative monitoring procedures for opacity and fuel quality 
at the company's new Subpart Dc boiler?
    A: Yes, EPA has the authority to approve alternative monitoring 
procedures under the General Provisions of the NSPS program if the 
circumstances warrant it and EPA will approve alternatives under the 
company's conditions due to the physical infeasibility of vent gas 
monitoring in the manner prescribed in the rule and fuel quality 
considerations.

ADI Control #0100019

    Q1: May a utility facility use acid rain program monitoring 
requirements to demonstrate compliance with 40 CFR part 60, Subpart GG 
at a 52-MW combustion turbine?
    A1: Yes. You may use CEMs as required by the acid rain program to 
demonstrate compliance with NO<INF>X</INF> and sulfur limits in 40 CFR 
part 60, Subpart GG.
    Q2: May the facility use a custom monitoring schedule for sulfur 
content in fuel and waive the monitoring requirements for nitrogen 
content in fuel at a 22-MW combustion turbine?
    A2: Yes. You may use the custom monitoring schedule as outlined in 
the August 14, 1987, memorandum from John Rasnic to all Regions. You 
may waive the monitoring of nitrogen content in the fuel when burning 
pipeline quality natural gas but not when burning <greek-i>2 distillate 
fuel oil.

ADI Control #0100020

    Q1: Can a utility use CEMs for NO<INF>X</INF> monitoring in lieu of 
the fuel monitoring requirements of 40 CFR part 60, Subpart GG?
    A1: Yes. You can use CEMs as required by the acid rain program to 
demonstrate compliance with NO<INF>X</INF> limits in 40 CFR part 60, 
Subpart GG.
    Q2: Can the utility use the monitoring provisions of 40 CFR part 75 
for sulfur content in fuel in lieu of the fuel monitoring requirements 
of 40 CFR part 60, Subpart GG?
    A2: Yes. You can use the monitoring provisions of 40 CFR part 75 
for sulfur content in fuel in lieu of the fuel monitoring requirements 
of 40 CFR part 60, Subpart GG.

ADI Control #0100021

    Q: Due to weather conditions, a facility subject to Subpart LLL 
will not be able to test some control devices and maintain production 
levels required for testing by the deadline required by 40 CFR 63.7(b). 
Will EPA approve a 60 day extension of the deadline?
    A: Yes. The request for an extension was approved.

ADI Control #0100022

    Q: Does a brown stock washer qualify for an exemption from the TRS 
standard under sec. 60.283(a)(1)(iv)?
    A: Due to the technical issues and costs associated with the brown 
stock washer system project, a temporary exemption from the Subpart BB 
standard for TRS can be granted.

ADI Control #0100023

    Q: Will EPA waive the requirement to monitor the nitrogen content 
of the landfill gas burned in a turbine?
    A: Yes. Based upon the results of samples collected and analyzed 
over a 12-week period, the landfill gas does not contain any fuel-bound 
nitrogen. Because fuel-bound nitrogen is not present in the landfill 
gas, and because any free nitrogen in the gas will not contribute 
appreciably to the formation of nitrogen oxides, it will not be 
necessary to monitor the nitrogen content of the landfill gas.

ADI Control #0100024

    Q: Is it acceptable for a company to use a transfer efficiency 
value of 60 percent for the high volume low pressure (HVLP) spray 
equipment used in its metal furniture coating operation when 
determining compliance under Subpart EE?
    A: Yes. It is acceptable provided that the operating pressure at 
the guns' air nozzles is no greater than 10 pounds per square inch. 
Based upon EPA's knowledge of the relative performance of various 
coating application technologies, it is likely that the Agency would 
have assigned HVLP equipment a transfer efficiency equal to or higher 
than the 60 percent value specified for manual electrostatic spray 
equipment in Subpart EE if HVLP equipment had been evaluated during the 
development of the standard.

ADI Control #0100025

    Q1: Are small valves which are less than 0.5 inches in diameter and 
are associated with instrumentation systems considered valves under 40 
CFR 60.482-7? Because valves which are less than 0.5 inches in diameter 
are not considered valves under 40 CFR part 63 Subpart H, should they 
be included in component counts under NSPS Subpart VV?
    A1: Valves which are less than 0.5 inches in diameter and are 
associated with instrumentation systems are considered valves under 
NSPS Subpart VV. Although valves of less than 0.5 inches in diameter 
associated with instrumentation systems are not regulated as valves 
under 40 CFR part 63 Subpart H, they are considered to be

[[Page 30911]]

components of instrumentation systems, which are regulated by Subpart 
H. Because NSPS Subpart VV does not specify an instrumentation system 
as a separate piece of equipment regulated by the standard, valves of 
less than 0.5 inches in diameter associated with instrumentation 
systems are regulated by the Subpart VV standard as valves.
    Q2: Is an in-line check valve subject to the requirements of Sec. 
60.482-7(f) or is it considered a no detectable emissions valve?
    A2: Since in-line check valves are enclosed within process piping 
for directional control and do not have the potential for fugitive 
emissions which are regulated by the standard, they may be considered 
exempt from the Subpart VV regulation as valves.
    Q3: Subpart H of the MACT standards at 40 CFR 63.160(a) exempts 
equipment that is in organic hazardous air pollutant service for less 
than 300 hours per year. Is equipment in VOC service less than 300 
hours per year required to be monitored under Subpart VV?
    A3: Since NSPS Subpart VV does not include an exemption for 
equipment that is in organic hazardous air pollutant service for less 
than 300 hours per year, equipment in VOC service less than 300 hours 
per year is not exempt from monitoring requirements.

ADI Control #0100026

    Q: Is an opacity monitoring approach based upon the collection of 
visible emissions data during periods of No. 6 oil firing an acceptable 
alternative to the installation of continuous opacity monitoring 
systems on two boilers whose primary fuel is natural gas?
    A: Yes. Based upon the low annual capacity for oil in these units, 
the proposed opacity monitoring alternative is acceptable.

ADI Control #0100027

    Q: Is an extension of the deadline for completing initial 
performance testing on a turbine unit?
    A: Yes. Based upon numerous operating problems that the operator 
has experienced while firing oil, extending the deadline for completing 
testing for up to 720 operating hours following the resumption of oil 
firing will be acceptable. Basing the test extension on operating 
hours, rather than calendar days, is a better approach for this unit 
due to the limited operation on oil so far and the possibility that the 
operator may encounter additional operating problems when oil firing 
resumes.

ADI Control #0100028

    Q: Is an opacity monitoring approach based upon the collection of 
visible emissions data during periods of No. 2 oil firing an acceptable 
alternative to the installation of a continuous opacity monitoring 
system on a boiler whose primary fuel is natural gas?
    A: Yes. Based upon the low annual capacity for oil in this unit, 
the proposed opacity monitoring alternative is acceptable.

ADI Control #0100029

    Q: Is an extension of the deadline for completing initial 
performance testing for several facilities at a plant in South Carolina 
acceptable?
    A: Yes. The only emission unit subject to New Source Performance 
Standards is a boiler subject to Subpart Dc. Delaying the test for up 
to 30 days following the restart of the unit after the installation of 
a char removal system would be acceptable to Region 4. A decision 
regarding whether to extend the deadline for completing testing on 
other emission points subject to limits in a permit issued by South 
Carolina can be made at the discretion of the Department of Health and 
Environmental Control.

ADI Control #0100030

    Q: Is an extension of the deadline for completing initial 
performance testing on a combined cycle unit in Florida acceptable?
    A: Yes. It is acceptable to extend the deadline for completing the 
initial performance test until 30 days after the resumption of oil 
following the repairs in order to give the operator an opportunity to 
repair leaks in the water injection system used to control nitrogen 
oxides emissions during fuel oil combustion.

ADI Control #0100031

    Q: Can the duration of visible emission observations be reduced 
from three hours to 90 minutes for a sand unloading and conveying 
operation?
    A: Yes. Based upon the intermittent operation of this facility and 
the stringency of the applicable standard, reasonable assurance of 
compliance can be obtained by collecting 90 minutes of visible 
emissions data while the facility is in operation.

ADI Control #0100032

    Q: Will EPA waive the requirement to monitor the opacity of a 
boiler fired with oil?
    A: No. Although the annual capacity factor for oil fired in the 
boiler will be low, Subpart Db does not provide for an opacity 
monitoring exemption based upon annual capacity factors. Even though 
the requirement to monitor opacity cannot be waived, an alternative 
monitoring approach based upon the collection of visible emissions data 
during oil firing would be acceptable.

ADI Control #0100033

    Q: Will EPA approve a custom fuel monitoring schedule for turbines 
at a facility?
    A: Yes. Based on the fuel quality data submitted for the pipeline-
quality natural gas fuel used by the turbines, EPA has approved a 
custom fuel monitoring schedule in accordance with EPA's National 
Policy.

ADI Control #0100034

    Q: Can EPA waive the requirement for a CEM under Subpart J for 
loading rack vapors?
    A: Yes. Provided certain circumstances exist, EPA can approve an 
Alternative Monitoring Plan submitted to EPA.

ADI Control #0100035

    Q: Does a facility have to install a continuous emission monitor 
for monitoring H<INF>2</INF>S vapors from a loading rack?
    A: No. Under certain circumstances, EPA's Policy allows for 
approval of an alternative monitoring method for this pollutant from 
this emission source.

ADI Control #0100036

    Q: Will EPA approve the definition of ``VOC used'' as ``VOC 
emitted'' for purposes of Subpart VVV?
    A: Yes. In order to be consistent with past determinations on this 
issue for pultrusion processes where a lot of the styrene used in the 
process ends up in the final product, EPA will allow the facility to 
use the amount of unreacted styrene to calculate the VOC usage rate for 
purposes of the listed throughput exemption under Subpart VVV.

ADI Control #0100037

    Q: Will EPA approve a facility's alternative monitoring plans for 
several refinery fuel gas streams at its petroleum refinery?
    A: Yes. The alternative monitoring plans are approved in accordance 
with the Guidance entitled ``Alternative Monitoring Plan for NSPS 
Subpart J Refinery Fuel Gas: Conditions for Approval of the Alternative 
Monitoring Plan for Miscellaneous Refinery Fuel Gas Streams.''

ADI Control #0100038

    Q: Do the changes made by the previous owner of a West Virginia 
refinery, pursuant to a RCRA Consent Order, trigger NSPS applicability 
under Subpart QQQ?
    A: Yes, the changes made are, in some respects, construction of new 
affected

[[Page 30912]]

facilities and also the modification of other affected facilities 
through the completed projects.

    Dated: May 30, 2001.
Michael Stahl,
Director, Office of Compliance.
[FR Doc. 01-14476 Filed 6-7-01; 8:45 am]
BILLING CODE 6560-50-U


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