Recent Posting to the Applicability Determination Index (ADI) Database System of Agency Applicability Determinations, Alternative Monitoring Decisions, and Regulatory Interpretations Pertaining To Standards of Performance for New Stationary Sources, National Emission Standards for Hazardous Air Pollutants, and the Stratospheric Ozone Protection Program, 44726-44743 [E8-17489]
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44726
Federal Register / Vol. 73, No. 148 / Thursday, July 31, 2008 / Notices
Dated: July 21, 2008.
Richard C. Karl,
Director, Superfund Division, Region 5.
[FR Doc. E8–17596 Filed 7–30–08; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–8699–2]
Recent Posting to the Applicability
Determination Index (ADI) Database
System of Agency Applicability
Determinations, Alternative Monitoring
Decisions, and Regulatory
Interpretations Pertaining To
Standards of Performance for New
Stationary Sources, National Emission
Standards for Hazardous Air
Pollutants, and the Stratospheric
Ozone Protection Program
Environmental Protection
Agency (EPA).
ACTION: Notice of availability.
AGENCY:
This notice announces
applicability determinations, alternative
monitoring decisions, and regulatory
interpretations that EPA has made
under the New Source Performance
Standards (NSPS); the National
Emission Standards for Hazardous Air
Pollutants (NESHAP); and the
Stratospheric Ozone Protection
Program.
SUMMARY:
An
electronic copy of each complete
document posted on the Applicability
Determination Index (ADI) database
system is available on the Internet
through the Office of Enforcement and
Compliance Assurance (OECA) Web site
at: https://www.epa.gov/compliance/
monitoring/programs/caa/adi.html. The
letters and memoranda may be searched
on the ADI by date, office of issuance,
subpart, citation, control number or by
string word searches. For questions
about the ADI or this notice, contact
Maria Malave at EPA by phone at: (202)
FOR FURTHER INFORMATION CONTACT:
564–7027, or by e-mail at:
malave.maria@epa.gov. For technical
questions about the individual
applicability determinations or
monitoring decisions, refer to the
contact person identified in the
individual documents, or in the absence
of a contact person, refer to the author
of the document.
SUPPLEMENTARY INFORMATION:
Background:
The General Provisions to the NSPS
in 40 Code of Federal Regulations (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 commonly referred
to as applicability determinations. See
40 CFR 60.5 and 61.06. Although the
part 63 NESHAP and section 111(d) of
the Clean Air Act regulations contain no
specific regulatory provision that
sources may request applicability
determinations, EPA does respond to
written inquiries regarding applicability
for the part 63 and section 111(d)
programs. The NSPS and NESHAP also
allow sources to seek permission to use
monitoring or recordkeeping that are
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 commonly referred to as
alternative monitoring decisions.
Furthermore, EPA responds to written
inquiries about the broad range of NSPS
and NESHAP regulatory requirements as
they pertain to a whole source category.
These inquiries may pertain, for
example, to the type of sources to which
the regulation applies, or to the testing,
monitoring, recordkeeping or reporting
requirements contained in the
regulation. EPA’s written responses to
these inquiries are commonly referred to
as regulatory interpretations.
EPA currently compiles EPA-issued
NSPS and NESHAP applicability
determinations, alternative monitoring
decisions, and regulatory
interpretations, and posts them on the
ADI on a quarterly basis. In addition,
the ADI contains EPA-issued responses
to requests pursuant to the stratospheric
ozone regulations, contained in 40 CFR
part 82. The ADI is an electronic index
on the Internet with over one thousand
EPA letters and memoranda pertaining
to the applicability, monitoring,
recordkeeping, and reporting
requirements of the NSPS and NESHAP.
Today’s notice comprises a summary of
84 such documents added to the ADI on
July 11, 2008. The subject, author,
recipient, date and header of each letter
and memorandum are listed in this
notice, as well as a brief abstract of the
letter or memorandum. Complete copies
of these documents may be obtained
from the ADI through the OECA Web
site at: www.epa.gov/compliance/
monitoring/programs/caa/adi.html.
Summary of Headers and Abstracts
The following table identifies the
database control number for each
document posted on the ADI database
system on July 11, 2008; the applicable
category; the subpart(s) of 40 CFR part
60, 61, or 63 (as applicable) covered by
the document; and the title of the
document, which provides a brief
description of the subject matter.
We have also included an abstract of
each document identified with its
control number after the table. These
abstracts are provided solely to alert the
public to possible items of interest and
are not intended as substitutes for the
full text of the documents. This notice
does not change the status of any
document with respect to whether it is
‘‘of nationwide scope or effect’’ for
purposes of section 307(b)(1) of the
Clean Air Act. Neither does it purport
to make any document that was
previously non-binding into a binding
document.
ADI DETERMINATIONS UPLOADED ON JULY 11, 2008
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Control No.
700029
700030
700031
700032
700033
700034
700035
700036
700037
700038
700039
700040
700041
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Category
NSPS
NSPS
NSPS
NSPS
NSPS
NSPS
NSPS
NSPS
NSPS
NSPS
NSPS
NSPS
NSPS
15:53 Jul 30, 2008
Subparts
Db, Dc
Db
Dc
CCCC
CCCC
D
CCCC
Db
GG
Dc
Dc
Dc
Dc
Jkt 214001
Title
Boiler Derating.
Initial Startup for Boiler.
Applicability to Snowmelters.
Municipal Waste Combustion Exemption.
Incineration of Untreated Toilet Wastes.
Final Boiler Derating.
Municipal Waste Combustion Unit Exemption.
Boiler Derating.
Alternative Fuel Monitoring.
Reporting Reduction.
Reduction in Fuel Use Recordkeeping.
Boiler Refiring.
Alternative Fuel Monitoring.
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ADI DETERMINATIONS UPLOADED ON JULY 11, 2008—Continued
Control No.
Category
Subparts
NSPS
NSPS
NSPS
NSPS
NSPS
NSPS
NSPS
NSPS
NSPS
NSPS
NSPS
NSPS
NSPS
NSPS
NSPS
NSPS
NSPS
NSPS
NSPS
NSPS
NSPS
NSPS
NSPS
NSPS
NSPS
NSPS
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NSPS
NSPS
NSPS
NSPS
NSPS
NSPS
NSPS
NSPS
A, D
Dc
O
A
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Dc
Dc
GG
D
Ec
DD
Ec
J
A, GG
III, JJJ
Y
FFF
A, Dc
Ce, Ec
A, Db
A, Db
H
Db
PPP
QQQ
XX
XX
J
UUU
WWW
WWW
CCCC
A, TTT
IIII
Ce
700079
NSPS
Ce
700080
800001
800002
800003
800004
800005
800006
800007
800008
800009
800010
800011
800012
800013
800014
800015
800016
M070016
M070017
M070018
M070019
M070020
M070021
M070022
M070023
M070024
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700042
700043
700044
700045
700046
700047
700048
700049
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700051
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700053
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700073
700074
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NSPS
NSPS
NSPS
NSPS
NSPS
NSPS
NSPS
NSPS
NSPS
NSPS
NSPS
NSPS
NSPS
NSPS
NSPS
NSPS
NSPS
MACT
MACT
MACT
MACT
MACT
MACT
MACT
MACT
MACT
Db
Dc
OOO
J
J
WWW
H
UUU
OOO
J
WWW
Cb
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Db
GG
Db
Db
EEE
UUU
EEE
EEE
G
EEE
R
ZZZZ
EEE
M070025
M070026
M070027
M070028
M070029
M070030
M080004
MACT
MACT
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MACT
MACT
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MACT
EEE
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FFFF
VerDate Aug<31>2005
15:53 Jul 30, 2008
Jkt 214001
Title
Boiler Derating.
Alternative Fuel Monitoring.
Multiple Hearth Sludge Furnace.
Waiver of 30-Day Notification of Performance Evaluation.
Municipal Waste Combustion Unit Exemption.
Reduction in Fuel Emissions Reporting.
Alternative Fuel Monitoring.
Alternative Fuel Monitoring.
Boiler Derating.
Waste Weight Surrogate.
Standards of Performance for Grain Elevators.
Incineration of Pharmaceutical Wastes.
Wet Gas Scrubber Opacity Alternative Monitoring.
Alternate Performance Test Method.
Work Camp Incinerator.
Coal Transloader Applicability.
Rotogravure Coating Line Applicability.
Alternative Monitoring Plan for Boilers.
Request for Regulatory Deviation.
Alternative Opacity Monitoring Procedure.
Amendment to Alternative Opacity Monitoring Procedure.
Monitoring Frequency Reduction.
Boiler Derating.
Alternative Excess Emissions Criteria.
Emission Offset Calculations.
Test Method for Loading Rail Cars at Gasoline Load.
Classification of Vapor Combustor.
Alternative Monitoring Plan for Gasoline Loading Racks.
Synthetic Alumina from Calcining Oven.
Definition of Treatment for Landfill Gas Processing.
Definition of Treatment for Landfill Gas Processing.
Request for Applicability Determination—Thermal Desorber.
Adjustment of Deadline for Compliance Statements.
Petition to Use Non-Compliant Fuel.
Request for Regulatory Deviation/Alternative Determination for Control of Dioxins/Furans (CDD/
CDF).
Request for Regulatory Deviation/Alternative Determination for Control of Dioxins/Furans (CDD/
CDF).
Alternate Opacity Monitoring During Construction.
Alternative Fuel Usage Recordkeeping Proposal.
Test Waiver Proposal.
Alternative H2S Monitoring Frequency.
Alternative Monitoring Proposals.
Definition of Treatment.
Appendix F (CEM QA) Applicability.
Method 9 Test Waiver.
Test Waiver Request.
Alternative H2S Monitoring Proposal.
Operational and Monitoring Alternatives.
Alternative Monitoring Location.
Applicability of Well Monitoring Requirements.
Proposal to Shorten Test Duration.
Alternative Quality Assurance Procedures.
Predictive Emission Monitoring System.
Applicability to Wood Burner/Thermal Oil Heater/Rotary Dryer System.
Hydrogen Chloride Continuous Emissions Monitor (CEM).
Wet Gas Scrubber Opacity Alternative Monitoring.
Monitoring of Scrubber System Solid Content.
Alternative Measure to Control Combustion Gas Leaks.
Alternative Monitoring Plan.
Monitoring Procedure System and Time Delay for AWFCO.
Test Method for Loading Rail Cars at Gasoline Loading Facility.
Request for Alternative Monitoring and Testing.
Responses to Comprehensive Performance Test Plan Addendum and Alternative Monitoring
Application.
Response to Alternative Monitoring Application Requests.
Response to Alternative Monitoring Application Requests.
Response to Alternative Monitoring Application Requests.
Response to Alternative Monitoring Application Requests.
Response to Alternative Monitoring Application Requests.
Response to Alternative Monitoring Application Requests.
Standards for Hazardous Air Pollutants for Miscellaneous Organic Chemical Manufacturing.
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ADI DETERMINATIONS UPLOADED ON JULY 11, 2008—Continued
Control No.
Z070002
Z080001
Z080002
Category
NESHAP
NESHAP
NESHAP
Subparts
E
WWW
WWW
Incineration of Untreated Toilet Wastes.
Definition of Treatment for Landfill Gas Processing.
Definition of Treatment for Landfill Gas Processing.
Abstract for [0700029]
Q: Is Blaine Larsen Farms’ (BLF)
boiler, located at the Dehydration
Division potato processing plant in
Dubois, Idaho, derated and therefore
subject to the requirements of 40 CFR
part 60, subpart Dc, rather than 40 CFR
part 60, subpart Db?
A: Yes. EPA determines that BLF’s
boiler has been derated and is now
subject to NSPS subpart Dc, because the
burner has been replaced with one that
will limit the boiler capacity to less than
100 mmBtu/hr, as verified by testing,
and it meets the four derate criteria, as
specified in the EPA response letter.
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Abstract for [0700030]
Q: Has initial startup occurred for a
boiler at the Warm Springs Forest
Products Industries’ facility in Warm
Springs, Oregon, under 40 CFR part 60,
subpart Db? The facility has conducted
boil-out and curing.
A: No. Because the ‘‘Instruction
Manual for Clarification of Startup in
Source Categories Affected by New
Source Performance Standards’’ (EPA–
68–01–4143) states that startup is
defined as the first time steam is
produced by the boiler and used to
provide heat or hot water to run process
equipment or to produce electricity,
EPA finds that the boil-out and curing
of the refractory is therefore a prestartup activity.
Abstract for [0700031]
Q: Is a snowmelter with a rated
capacity between 10 and 100 MMBtu/hr
that is operated by the Ted Stevens
Anchorage International Airport subject
to 40 CFR part 60, subpart Dc?
A: No. EPA determines that NSPS
subpart Dc does not apply to
snowmelters. Although a snowmelter is
a device that combusts fuel and melts
ice resulting in the heating of water, the
heated water is not being used for
transferring heat from one point to
another for any useful purpose such as
heating a building or creating steam to
drive a process. Therefore, the heated
water would not qualify as a heat
transfer medium.
Abstract for [0700032]
Q: Is the Pioneer Natural Resources
Alaska, Incorporated (PNRA)
incineration unit located at its
VerDate Aug<31>2005
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Jkt 214001
Title
Oooguruk Development Project Offshore
Drill Site camp on the North Slope,
Alaska, exempted from the requirements
of the NSPS for Commercial and
Industrial Solid Waste Incineration
Units at 40 CFR part 60, subpart CCCC?
A: Yes. Based on the information
submitted in the notification required to
claim the exemption under 40 CFR
§ 60.2020(c)(2), EPA finds that this
incinerator would meet the exemption
criteria in 40 CFR 60.2020(c)(2), and is
therefore required to meet the
applicable recordkeeping requirements
established by this provision. The
incinerator would meet the criteria of
burning greater than 30 percent
municipal solid waste or refuse-derived
fuel (as defined in NSPS subparts Ea,
Eb, AAAA, and BBBB) in its fuel feed
stream. This incinerator will primarily
burn waste generated by a housing camp
associated with the PNRA facility, along
with some industrial packing and other
non-hazardous waste materials from
drilling support activities on site.
Abstract for [0700033]
Q1: Is Anadarko’s double-chamber
cyclonator forced-air solid waste
incinerator with a capacity of 2.4 tons
per day, constructed after November
1999, that has been seasonally located
and intermittently operated at remote
oil and gas exploration sites on the
North Slope of Alaska since January
2003, subject to 40 CFR part 60, subpart
CCCC?
A1: Yes, EPA concludes that a waste
incinerator with a capacity of 2.4 tons
per day, constructed after November
1999, that has been seasonally located
and intermittently operated at remote
oil and gas exploration sites, is subject
to NSPS subpart CCCC. EPA considers
this incinerator to be located at an
industrial facility, and even though the
incinerator may be moved from one
location to the next, it will be a distinct
operating unit of an industrial facility.
Q2: Is 40 CFR part 61, subpart E, the
Mercury NESHAP, applicable to an
incineration unit that incinerates
untreated sanitary waste (solids)
collected from Pacto toilets at
Anadarko’s remote oil and gas
exploration sites on the North Slope of
Alaska?
A2: No. The practice of incinerating
sanitary waste composed of untreated
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solids from Pacto toilets does not meet
the description of incinerating sludge
under the Mercury NESHAP. 40 CFR
61.50 states that the rule applies to
‘‘those stationary sources which * * *
incinerate or dry wastewater treatment
plant sludge.’’ Under 40 CFR 61.51,
sludge is defined as ‘‘sludge produced
by a treatment plant that processes
municipal or industrial waste waters.’’
Thus, the Mercury NESHAP would not
apply.
Abstract for [0700034]
Q1: Does EPA approve the proposal of
Roseburg Forest Products (RFP) of
Roseburg, Oregon, to derate two boilers,
regulated under 40 CFR part 60, subpart
D, by eliminating the capacity of both
boilers to burn oil and replacing the
burners with burners that are limited to
burning less than 250 MMBtu/hr of
natural gas, provided that the natural
gas pressure delivered to the boilers is
monitored?
A1: Yes. EPA believes that the
changes made by RFP meet the derate
criteria because installation of a new
burner is a permanent change to the
boiler, which requires a system
shutdown, cannot be easily undone, and
is not just a change to the fuel feed
system. Based on the performance test
data submitted, EPA has concluded that
the capacity of the boilers does not
exceed the 250 MMBtu/hr applicability
threshold, provided the pressures are
maintained below 9.16 psig for Boiler
No. 2 and 7.33 psig for Boiler No. 6
(calculated using a three-hour average).
Therefore, Boilers No. 2 and No. 6 are
no longer subject to NSPS subpart D, if
the limits on gas pressure are monitored
and maintained below the threshold
values per the Title V permit.
Abstract for [0700035]
Q: Is FEX L.P.’s incineration unit
located at FEX L.P.’s Artic Wolf Camp
for housing associated with its
Northwest National Petroleum Reserve
Exploration Drilling Project on the
North Slope, Alaska, exempted from the
requirements of the NSPS for
Commercial and Industrial Solid Waste
Incineration Units, under 40 CFR part
60, subpart CCCC?
A: Yes. Based on the information
submitted in the notification required to
claim the exemption under 40 CFR
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§ 60.2020(c)(2), EPA finds that this
incinerator would meet the exemption
criteria in 40 CFR 60.2020(c)(2), and is
therefore required to meet the
recordkeeping requirements established
in this provision. The incinerator would
meet the exemption criteria of burning
greater than 30 percent municipal solid
waste or refuse-derived fuel (as defined
in NSPS subparts Ea, Eb, AAAA, and
BBBB) in its fuel feed stream. This
incinerator will burn primarily
residential-type waste generated by a
housing camp and cafeteria facilities
that are associated with the FEX facility,
along with industrial packing and other
non-hazardous waste materials from
drilling support activities on site.
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Abstract for [0700036]
Q1: May Blaine Larsen Farms (BLF)
derate its 40 CFR part 60, subpart Db
boiler at the Dehydration Division
potato processing plant in Dubois,
Idaho, by restricting the fuel-metering
valves? This would be accomplished
with an adjustment to the valve, and the
adjustment screws would either be
locked into place with a locking device
that requires a special tool to undo or
be sealed with epoxy.
A1: No. EPA determines that this
approach would not be valid to derate
a boiler under NSPS subpart Db for
several reasons. Neither proposed
method for locking the screws would be
considered permanent. A derate must
reduce the capacity of the boiler without
the installation of a feed rate governor.
Changes that are made only to fuel feed
systems are not acceptable for a derate.
Q2: May Blaine Larsen Farms derate
its 40 CFR part 60, subpart Db boiler by
replacing the burner?
A2: Yes. EPA finds that the
replacement of the burner is an
acceptable method to derate a burner
under NSPS subpart Db since it meets
the deration criteria, including: (1) It is
a change that cannot be easily undone,
(2) requires a system shutdown to
accomplish or reverse, and (3) it is not
just a change to the fuel feed system.
Q3: May the American Society of
Mechanical Engineers Performance Test,
Code 4–1998, be used as the verification
test method to demonstrate a derate has
been accomplished under 40 CFR part
60, subpart Db?
A3: Yes. EPA finds that this method
has been used before to successfully
demonstrate that a derate has been
accomplished under NSPS subpart Db.
Q4: Is Blaine Larsen Farms test
protocol verification method acceptable
to demonstrate that a derate has been
accomplished under 40 CFR part 60,
subpart Db?
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Jkt 214001
A4: Yes. EPA determines that the
results of the protocol verification
method would be acceptable under
NSPS subpart Db if BLF continuously
monitors fuel feed rates and maintains
information regarding the fuel heat
content in order to ensure that the unit
does not exceed 100 mmBtu/hr of heat
input.
Abstract for [0700037]
Q1: Does EPA approve the use of a
certified nitrogen oxide continuous
emission monitoring system (NOX
CEMS) to document compliance with 40
CFR part 60, subpart GG NOX limit in
lieu of a performance test for
compliance analysis after the new fuel
is introduced for stationary gas turbines
operated by Klamath Energy, LLC of
Portland, Oregon?
A1: Yes. EPA conditionally approves
the use of a certified NOX CEMS
because it finds that as long as the
provisions of 40 CFR § 60.334(b) are
followed, CEMS are enough to satisfy
compliance with the emission limit for
NOX. 40 CFR § 60.334(g) states that a
performance test is required only when
equipment parameters need to be
established.
Q2: Does EPA waive fuel nitrogen
content monitoring of 40 CFR part 60,
subpart GG, if part 75 NOX CEMS are
used for the Klamath Energy plant?
A2: EPA finds that whether or not the
turbine is also subject to part 75, the
fuel nitrogen content monitoring is
waived only if the NOX emission
allowance in the equations used to
determine the NSPS subpart GG NOX
emission standards in 40 CFR § 60.332
is not claimed.
Q3: Does EPA waive the 40 CFR part
60, subpart GG requirement for water-tofuel injection ratio monitoring because
of the use of the part 75 certified CEMS
for the Klamath Energy plant?
A3: Yes. EPA finds that under 40 CFR
§ 60.334(b) the owner or operator may,
as an alternative to water-to-fuel
injection monitoring, install, certify,
maintain, operate, and quality assure a
CEMS if the provisions of 40 CFR
§ 60.334(b) are followed.
Q4: Does EPA approve the use of
vendor analyses under 40 CFR part 60,
subpart GG, for monitoring sulfur
content of the fuel oil burned for the
Klamath Energy plant?
A4: Yes. EPA conditionally approves
the use of vendor analyses since it finds
that under 40 CFR 60.334(i)(1), the fuel
oil sampling for total sulfur content can
be done at each delivery. Oil sampling
may be performed by a fuel supplier,
provided that the sampling is performed
according to either the single tank
composite sampling procedure or the
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44729
all-levels sampling procedure in ASTM
D4057–88.
Abstract for [0700038]
Q: Does EPA approve the request from
the St. Luke’s Meridian Medical Center
(SLMMC) facility in Meridian, Idaho, for
a reduction in the submittal frequency
of the fuel emission reports from
semiannually to annually, for two
boilers (Boilers No. 1 and No. 2) at the
facility under 40 CFR part 60, subpart
Dc?
A: Yes. EPA conditionally approves a
reduction in the submittal frequency of
the fuel emission reports from
semiannually to annually on the basis
that SLMMC receives only one
shipment of distillate oil per year.
SLMMC shall submit all fuel supplier
certifications as described in 40 CFR
60.48(f)(1), postmarked by the last day
of January of each year. If any additional
shipments of fuel are received during
the year, the fuel supplier certification
will be submitted to the Idaho
Department of Environmental Quality
within 30 days. Each annual report shall
include a certified statement signed by
the owner or operator of SLMMC’s
facility that the fuel supplier
certifications attached to the report
represent all of the distillate oil received
by SLMMC for the purposes of fueling
the above-referenced boilers during the
reporting period.
Abstract for [0700039]
Q1: Does EPA approve a request from
Gossner Foods (Gossner) for a reduction
in the fuel usage recordkeeping
requirement in 40 CFR 60.48c from
daily to monthly for Gossner’s two
boilers in Heyburn, Idaho, which fire
natural gas as the primary fuel and
propane as a backup fuel?
A1: Yes. EPA approves this request
based on a memorandum dated
February 20, 1992, from the EPA Office
of Air Quality Planning and Standards,
which states that there is little value in
requiring daily recordkeeping of the
amounts of fuel combusted for an
affected unit that fires only natural gas
under NSPS subpart Dc. This is because
subpart Dc does not have any emission
limitations for units that fire only
natural gas. Therefore, the purpose of
this recordkeeping is to verify that only
natural gas is fired. Propane is
considered to be a type of natural gas.
Q2. Does EPA approve a request from
Gossner to use one gas meter to record
monthly natural gas and/or propane
usage for Gossner’s two boilers?
A2: Yes. EPA approves this request.
EPA finds that the Gossner proposal to
divide each boiler design heat input
capacity by the total of the design heat
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Federal Register / Vol. 73, No. 148 / Thursday, July 31, 2008 / Notices
input capacities of each boiler, and use
this to prorate the natural gas and/or
propane usage of each boiler on a
monthly basis, when more than one
boiler is firing natural gas and/or
propane simultaneously, will
adequately determine the natural gas
and/or propane usage by each boiler.
jlentini on PROD1PC65 with NOTICES
Abstract for [0700040]
Q: Does EPA approve an alternative
plan for monitoring opacity at the Basic
American Foods (BAF) facility in
Blackfoot, Idaho, in lieu of a Continuous
Opacity Monitoring System (COMS),
under 40 CFR part 60, subpart Dc,
where the COMS will not provide
accurate measurements due to water
vapor from a proposed wet scrubber?
A: Yes. According to the provisions of
40 CFR 60.13(h)(i)(1), a written
application for alternative opacity
monitoring requirements can be
submitted when ‘‘installation of a
continuous emission monitoring system
or monitoring device specified by this
part would not provide accurate
measurement due to liquid water or
other interferences caused by substances
with the effluent gasses.’’ EPA has
previously approved similar requests,
which are posted on EPA’s applicability
determination index. (See EPA
Determination Control Numbers
0000010 and 0300073.) In previous
requests, EPA has determined that the
continuous monitoring of the scrubbing
liquid flow rate and the pressure drop
of the gas stream across the scrubber is
acceptable as an alternative monitoring
to the COMS. EPA approves the
alternative monitoring plan that the
Idaho Department of Environmental
Quality has recommended and BAF has
agreed to.
Abstract for [0700041]
Q1: Does EPA approve monthly
instead of daily monitoring of exclusive
use of low-sulfur distillate oil in a 40
CFR part 60, subpart Dc affected boiler
operated by Hampton Lumber Mill at a
facility in Darrington, Washington?
A1: Yes. EPA approves monthly
instead of daily monitoring of exclusive
use of low-sulfur distillate oil in an
NSPS subpart Dc affected boiler.
Q2: For this same facility, does EPA
approve the use of fuel receipts from a
low-sulfur distillate oil supplier as a
monthly monitoring method under 40
CFR part 60, subpart Dc?
A2: Yes. EPA approves the use of fuel
receipts from a low-sulfur distillate oil
supplier as a monthly monitoring
method under NSPS subpart Dc.
Q3: Does EPA find that the amount of
low-sulfur distillate oil used at that
facility can be divided evenly between
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two similar boilers under 40 CFR part
60, subpart Dc?
A3: Yes. EPA finds that the amount of
low-sulfur distillate oil used at a facility
can be divided evenly between two
similar boilers under NSPS subpart Dc,
as long as they have the same rated
capacity and operate in a way that
emissions from either boiler are
substantially similar if based on the
same amount of fuel.
Abstract for [0700042]
Q: Do changes proposed by Roseburg
Forest Products (RFP) to two large
boilers in Dillard, Oregon, result in the
boilers being derated under 40 CFR part
60, subpart D? RFP has eliminated the
capacity of both boilers to burn oil and
made changes to the boilers that reduce
the total heat input capacity for both
boilers to less than 245.7 MMBtu/hr for
natural gas. RFP proposed to conduct
additional monitoring and performance
testing to verify that the capacity of the
boilers has been reduced.
A: Although the changes RFP has
made to its boilers appear to meet many
of the criteria for derating boilers, EPA
requires submission of source test data
verifying that the capacity of the boilers
has been reduced before EPA will
determine that the RFP boilers have
been derated. Any such verification
testing should be conducted while each
boiler is operating at its maximum
capacity for a 24-hour period for each
fossil fuel that the boiler has the
capability of burning. EPA expects RFP
to monitor the gas pressure during the
performance test to verify the
correlation of gas pressure to heat input.
In addition, to ensure reliability of the
performance test results, RFP should
submit a performance test plan to EPA
for approval prior to the test and follow
the general provisions of 40 CFR part
60, subpart A, for performance tests,
such as notifying EPA in advance of the
test.
Abstract for [0700043]
Q1: Does EPA approve monthly
instead of daily monitoring of natural
gas usage in a 40 CFR part 60, subpart
Dc affected boiler at the proposed J. R.
Simplot Company facility near
Mountain Home, Idaho?
A1: Yes. EPA approves monthly
instead of daily monitoring of natural
gas usage in this NSPS subpart Dc
affected boiler.
Q2: Does EPA approve the use of fuel
receipts from a gas supplier to serve as
a monthly monitoring method under 40
CFR part 60, subpart Dc, for an affected
boiler at the proposed J. R. Simplot
Company facility near Mountain Home,
Idaho?
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A2: Yes. EPA approves the use of fuel
receipts from a gas supplier to serve as
monthly monitoring method under
NSPS subpart Dc.
Q3: Does EPA find that all of the
natural gas used at a facility can be
attributed to the 40 CFR part 60, subpart
Dc affected boilers, if there is some gas
used by a unit that is a facility not
covered by any other regulation, as
proposed by the J. R. Simplot Company
facility near Mountain Home, Idaho?
A3: Yes. EPA finds that all of the
natural gas used at a facility can be
attributed to the NSPS subpart Dc
affected boilers, even if there is some
gas used by another unit, as long as that
other unit is a facility not covered by
any other regulation.
Q4: Does EPA find that the amount of
natural gas used at a facility can be
divided evenly between two similar
boilers under 40 CFR part 60, subpart
Dc, as proposed by the J. R. Simplot
Company facility near Mountain Home,
Idaho?
A4: Yes. EPA finds that the amount of
natural gas used at a facility can be
divided evenly between two similar
boilers under NSPS subpart Dc, as long
as they have the same rated capacity
and operate in a way that emissions
from either boiler are substantially
similar if based on the same amount of
fuel.
Abstract for [0700044]
Q: Is the Anchorage Water and
Wastewater Utility (AWWU) subject to
40 CFR part 60, subpart O, based on
changes and upgrades that are planned
for the emission control system on
AWWU’s multiple hearth sludge
furnace (MHF) at the Asplund
Wastewater Treatment Facility?
A: EPA determines that the MHF
continues to be subject to NSPS subpart
O. The MHF was constructed in 1986
and is subject to NSPS subpart O, which
is applicable to a facility constructed
after June 11, 1973. The upgrades to
AWWU’s facility do not affect
applicability status because the facility
is already subject to NSPS subpart O
based on the date of construction.
Abstract for [0700045]
Q: Does EPA grant a waiver to Flint
Hills Resources Alaska of the 30-day
notification of performance evaluation
for recently installed sulfur dioxide
(SO2) Continuous Emission Monitoring
System according to 40 CFR 60.7(a)(5)
and 60.8(d)?
A: Yes. EPA grants a waiver of the 30day notification of performance
evaluation, under 40 CFR 60.19(f)(3),
because of the need to meet deadlines
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that have been laid out in a Compliance
Order by Consent.
Abstract for [0700046]
Q: Is Anadarko Petroleum
Corporation’s incineration unit at the
Jacobs Ladder Exploration Drilling
Project on the North Slope, Alaska,
exempted from the requirements of 40
CFR part 60, subpart CCCC?
A: Based on the information
submitted in the notification required to
claim the exemption under 40 CFR
60.2020(c)(2), EPA finds that this
incinerator would meet the exemption
criteria in 40 CFR 60.2020(c)(2), and is
therefore required to meet the
recordkeeping requirements established
in this provision. Under 40 CFR
60.2020(c)(2), an exemption is provided
for units that burn greater than 30
percent municipal solid waste or refusederived fuel (as defined in NSPS
subparts Ea, Eb, AAAA, and BBBB) in
their fuel feed stream. This incinerator
will burn primarily residential-type
waste generated by a housing camp and
cafeteria facilities that is associated with
the Anadarko facility, along with some
industrial packing and other nonhazardous waste materials from drilling
support activities on site.
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Abstract for [0700047]
Q: Does EPA approve a reduction in
the submittal frequency of the fuel
emission reports to annually for two
boilers using natural gas, except for
approximately eight hours per month
when diesel fuel is used as a backup,
under 40 CFR part 60, subpart Dc, at the
St. Luke’s Regional Medical Center in
Boise, Idaho?
A: Yes. EPA approves a reduction in
the submittal frequency of the fuel
emission reports to annually. For a
boiler that only fires natural gas and
distillate oil with sulfur content of less
than 0.5 percent, these reports consist
only of fuel oil suppliers’ certifications
and a certified statement of the owner
or operator. Because this facility
receives only one shipment of distillate
oil per year, it would be redundant to
require more than annual submittal of
this information. As long as the facility
receives only one shipment of distillate
oil a year, it shall submit all fuel
supplier certifications as described in 40
CFR 60.48(f)(1), postmarked by the last
day of January of each year.
Abstract for [0700048]
Q1: Does EPA approve a reduction in
the fuel usage recordkeeping
requirement in 40 CFR part 60, subpart
Dc, from daily to monthly when only
pipeline quality natural gas is and will
be fired in two boilers operated by Boise
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Paper Solutions of Boise Cascade
Corporation?
A1: Yes. EPA approves a reduction in
the fuel usage recordkeeping
requirement in 40 CFR 60.48c from
daily to monthly when only pipeline
quality natural gas is and will be fired
in the boilers.
Q2: Does EPA approve the use of
monthly natural gas bills to fulfill the
recordkeeping requirement in 40 CFR
part 60, subpart Dc as proposed by Boise
Paper Solutions of Boise Cascade
Corporation?
A2: Yes. EPA approves the use of
monthly natural gas bills to fulfill the
recordkeeping requirement of 40 CFR
60.48c, provided that all natural gas on
the fuel receipt is attributed to use in
the two boilers, regardless of the small
amount that may be used for other
purposes, such as space heating, and
that the amount of natural gas used in
each boiler is apportioned in equal
proportions.
Abstract for [0700049]
Q: Does EPA approve a reduction in
the monitoring schedule for fuel gas
sulfur content from quarterly to
semiannually under 40 CFR part 60,
subpart GG, at Calpine Hermiston Power
Plant in Oregon, based upon
demonstrated compliance and low
variability for six quarters?
A: Yes. EPA approves this alternative
fuel monitoring request. In addition,
based on amendments to NSPS subpart
GG, promulgated on July 8, 2004, the
requirement to monitor the sulfur
content of natural gas may be waived.
Abstract for [0700050]
Q: Does EPA approve a source test
protocol for determinations of the
maximum heat input for use in a boiler
derate demonstration, under 40 CFR
part 60, subpart D, at the Roseburg
Forest Products facility in Roseburg,
Oregon?
A: Yes. Based upon a review of the
source test protocol and the Piping and
Instrument Diagram for the natural gas
systems for both boilers, EPA concludes
that, under NSPS subpart D, if the
source test is conducted according to
the protocol, it should provide the
information required to verify the
maximum heat input, namely, gas flow
rate, calorific value, and supply
pressure.
Abstract for [0700051]
Q: May a ‘‘bag counting’’ surrogate
method for determining the weight of
incinerated waste be used to determine
whether the co-fired combustor
exemption of 40 CFR part 60, subpart
Ec, applies to a BP Exploration Alaska
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Incorporated waste incinerator located
at the Northstar Development Facility in
the Beaufort Sea?
A: No. EPA finds that the surrogate
method described will not provide the
accuracy required by the recordkeeping
requirements of NSPS subpart Ec. It is
not clear from the request whether a
distinction is made between the
differences in the weight of a typical bag
of hospital and medical/infectious waste
and the weight of a typical bag of other
waste. Also, if an average weight of a
bag of hospital and medical/infectious
waste is used, this may underestimate
the actual amount of hospital and
medical/infectious waste that is being
burned. Thus, EPA has determined that
the proposed surrogate method cannot
be used for the determination of
whether the co-fired combustor
exemption in 40 CFR 60.50c(c) is met.
EPA will consider a different weight
surrogate method that adequately
ensures that the exemption is met with
a margin for error.
Abstract for [0700052]
Q1: Does the addition of storage
capacity, which did not increase the
hourly grain handling capacity, trigger
applicability of 40 CFR part 60, subpart
DD, for the Busch Agricultural
Resources, Incorporated (BARI) Malt
Plant Facility in Idaho Falls, Idaho?
A1: Yes. EPA determines that the
increase in storage capacity triggers
NSPS subpart DD applicability. The
grain storage capacity exceeded 2.5
million bushels in 2002 when the
permanent storage capacity was
increased to 4 million bushels. Because
the permanent storage capacity for this
facility exceeds 2.5 million bushels, the
facility meets the definition of a grain
terminal elevator, as defined in NSPS
subpart DD, and is subject to the NSPS.
In addition, 60.304(b)(4) of subpart DD,
which states that ‘‘the installation of
permanent storage capacity without an
increase in hourly grain handling
capacity by itself would not be
considered a modification of an existing
facility’’, does not apply to BARI.
Section 60.304(b)(4) of subpart DD does
not apply to those affected facilities that
are constructed at the time applicability
was triggered or subsequent to that time.
Q2: Is 40 CFR part 60, subpart DD,
applicable to the following activities
and equipment at the BARI Idaho Falls
Malt Plant Facility in Idaho Falls, Idaho:
(1) Malt load out operations;
(2) Residual/byproduct storage and
load out operations;
(3) Conveyors located inside the malt
house that are used to move barley and
off-kiln malt through the malt house
operation; and
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(4) A baghouse filter that is dedicated
solely to controlling dust emissions
from grain and malt handling within the
malt house operation.
A2: EPA determines the applicability
for each of the specific activities and
equipment at BARI, as follows:
(1) NSPS subpart DD is not applicable
to malt load out operations.
(2) NSPS subpart DD is not applicable
to the storage and load out operations of
residuals or byproducts provided it is
not possible for these operations to
handle grain. Reject hulls, grain
fragments or dirt that is handled and
stored separately, as well as malted
barley and malting by-products, are not
considered grain.
(3) Equipment being used is subject to
NSPS subpart DD if it handles unmalted
barley part of the time, and malted and
unmalted barley at the same time
because it is handling some amount of
grain, as well as conveyors located
inside the malt house that are used to
move unmalted barley. However,
conveyors located inside the malt house
that are used to move off-kiln malt are
not subject to NSPS subpart DD.
(4) Emissions from a baghouse that is
controlling dust from grain and malt
handling within the malt house
operation are subject to NSPS subpart
DD, because the commingled emissions
include grain handling emissions that
are subject to NSPS subpart DD.
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Abstract for [0700053]
Q: Does the incineration of
pharmaceutical wastes disposed of by
Providence Alaska Medical Center, a
hospital in Alaska, require an
incineration facility, under 40 CFR part
60, subpart Ec, or 40 CFR part 62,
subpart HHH, to demonstrate
compliance with Hospital/Medical/
Infectious Waste Incinerator (HMIWI)
rules?
A: Yes. EPA finds the HMIWI
regulation applies to the incineration of
hospital, medical, and infectious wastes.
EPA defines ‘‘hospital waste’’ broadly,
and it includes any waste or discarded
materials generated at a hospital, except
unused items returned to the
manufacturer. Thus, pharmaceutical
wastes generated at a hospital and
disposed of by the hospital are
considered ‘‘hospital waste’’ under the
rules, and a facility that incinerates such
waste is subject to HMIWI.
Abstract for [0700054]
Q: Does EPA approve an alternative
monitoring plan in lieu of the
continuous opacity monitoring (COMS)
requirements of 40 CFR 60.105(a)(1) and
corresponding requirements of 40 CFR
part 63, subpart UUU, where a wet
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scrubber is to be installed on Puget
Sound Refining’s (PSR’s) fluidized
catalytic cracking unit (FCCU) in
Anacortes, Washington?
A: Yes. EPA approves the monitoring
of the liquid flow rate and gas flow rate
for the wet gas scrubber, which is a jetejector design. Calculation of the liquidto-gas ratio must be done as outlined in
Tables 2 and 3 of Maximum Achievable
Control Technology (MACT) subpart
UUU, except that for purposes of
determining and reporting excess
emissions for the FCCU, a 3-hour rolling
average of the liquid-to-gas ration will
be used.
Abstract for [0700055]
Q: Does EPA allow the use of an
alternate performance test method for
stationary gas turbines, under 40 CFR
part 60, subpart GG, at ConocoPhillips
Alaska Incorporated’s Alpine
Development Project in North Slope
Alaska?
A: Yes. EPA approves the use of an
alternate performance test method,
under NSPS subpart GG, only if the
probe is designed and conforms to the
tests specified in EPA Guidance
Document CG–031.
Abstract for [0700056]
Q1: Should an incinerator used to
dispose of camp wastes at a remote,
temporary work camp in Nuiqsut,
Alaska, and operated by Alaska
Interstate Construction, LLC (AIC), be
subject to 40 CFR part 62, subpart III,
the Federal Plan Requirements for
Commercial Industrial Solid Waste
Incinerators (CISWI)?
A1: Yes. EPA determines that the
work camp is an integral part of a
commercial operation, the AIC facility,
and would not be there but for
generating profit as a commercial
operation under 40 CFR part 62, subpart
III. The term ‘‘commercial facility’’ is
not defined in the CISWI regulation, but
the American Heritage Dictionary
defines commercial as ‘‘having profit,
success, or immediate results as [a] chief
aim.’’ Thus, the work camp incinerator
would be considered to be located at a
‘‘commercial or industrial facility’’ and
would be subject to CISWI.
Q2: Should AIC’s work camp
incinerator, which burns primarily
municipal solid waste, be regulated
under 40 CFR part 62, subpart III?
A2: Yes. EPA finds that the
incinerator should be regulated under
CISWI. The fact that the waste
incinerated is considered to be
municipal solid waste does not mean
that the incinerator would not be
considered to be a CISWI unit. This is
apparent because of the exemption that
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is provided for CISWI units under 40
CFR 62.14525(c)(2) for units that burn
greater than 30 percent municipal solid
waste. AIC’s work camp incinerator is
considered to be a CISWI, but because
it burns greater than 30 percent
municipal solid waste, it has an
exemption under NSPS subpart III.
Abstract for [0700057]
Q: Does EPA find that a coal
transloader located in Port Wentworth,
Georgia, next to Georgia Power’s Plant
Kraft Steam-Electric Generating Plant,
and a coal preparation plant, which
provides coal to the Plant Kraft units,
are subject to 40 CFR part 60, subpart
Y?
A: No. EPA has determined that the
transloader is not part of the coal
preparation plant on the property since
it not connected to any of its breaking,
crushing, screening, wet or dry cleaning,
or thermal drying equipment, and thus
is not subject to NSPS subpart Y. Since
the coal preparation plant was
constructed prior to the applicability
date of October 24, 1974, it is not
subject to NSPS subpart Y.
Abstract for [0700058]
Q: Is the installation of three solventbased laminators at the Catalyst
International’s rotogravure urethane
coating line and printing operations,
located in Delaware County,
Pennsylvania, subject to 40 CFR part 60,
subpart FFF?
A: Yes. EPA has determined that
because the two new laminators to be
installed at Catalyst’s Pennsylvania
facility will coat a urethane web, on a
continuous basis, with an adhesive that
meets the definition of ink given in the
NSPS subpart FFF rule using a gravure
cylinder, these laminators are subject to
NSPS subpart FFF.
Abstract for [0700059]
Q: Does EPA approve an alternative
monitoring plan for boilers 1 and 2 that
fire fuels with low sulfur content at the
Hercules’ Franklin, Virginia plant under
40 CFR part 60, subpart Dc?
A: EPA approves the alternative fuel
sampling methodology for Hercules’
boiler 2. Hercules may use fuel supplier
certifications in lieu of a continuous
opacity monitor (COM) to prove that
very low sulfur fuels are being
combusted, and get relief from
particulate emission monitoring
pursuant to 40 CFR 60.47c(a). EPA
disapproved the alternative monitoring
proposal for Hercules’ boiler 1 to use
scrubber parametric monitoring in lieu
of installing a COM. Hercules will need
to install a particulate matter (PM)
continuous emission monitoring system
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(CEMS) unless it can show that this is
not a viable alternative to a COM.
Abstract for [0700060]
Q1. Does EPA approve a request to
deviate from the assumption that a
violation of the hydrogen chloride (HCl)
emission occurs if the Curtis Bay Energy
facilities in Baltimore, Maryland,
operate their Hospital/Medical/
Infectious Waste Incinerators (HMIWIs)
above the maximum charge rate and
below the minimum HCl sorbent flow
rate simultaneously, as stated in 40 CFR
part 60, subpart Ec, at § 60.56c(e)(3)?
The facilities have actual hydrogen
chloride (HCl) emissions data from an
EPA compliant continuous HCl
emissions monitor on a real-time basis.
A1. Yes. EPA agrees that the actual
data, obtained from an EPA compliant
continuous HCl monitor on a real-time
basis, that shows HCl emissions are
within the allowable limit of either 100
parts per million by volume adjusted to
7 percent oxygen measured on a dry
basis at standard conditions or 93
percent reduction, is superior to using
surrogate parameter of HCl sorbent flow
rate. An EPA compliant continuous HCl
monitor must meet Performance
Specification 2 in 40 CFR part 60,
specifically the Specifications and Test
Procedures for SO2 and NOX
Continuous Emission Monitoring
Systems in Stationary Sources in
Appendix B, and the quality assurance
procedures specified in Appendix F,
including the revised Relative Accuracy
Test Audit (RATA) calculation
procedures in Enclosure 1 of the
response letter. In addition, a CEMS for
oxygen must be installed, calibrated,
maintained, and operated in accordance
with the requirements of Appendices B
and F of part 60. EPA describes
additional requirements applicable for
CEMS in the EPA response letter and its
Enclosure 1.
Q2. Does EPA approve a request to
eliminate the operating parameter
monitoring requirements for maximum
charge rate as specified in § 60.57c(a)
and Table 3 of 40 CFR part 60, subpart
Ec, at the Curtis Bay Energy Hospital/
Medical/Infectious Waste Incinerators
(HMIWIs) located in Baltimore,
Maryland?
A2. No. EPA finds that the maximum
charge rate is an operating parameter
used to determine compliance with
other applicable emission limits in
addition to HCl emission limits. The
definition for maximum charge rate
given in § 60.51c of 40 CFR for a
continuous and intermittent HMIWI is
‘‘* * * 110 percent of the lowest 3-hour
average charge rate measured during the
most recent performance test
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demonstrating compliance with all
applicable emission limits.’’ By
definition, the maximum charge rate is
linked to compliance with all applicable
emission limits which include
particulate matter (PM), carbon
monoxide (CO), dioxins/furans, HCl,
lead (Pb), cadmium (Cd), mercury (Hg),
sulfur dioxide (SO2), nitrogen oxides
(NOX), and opacity. EPA will not grant
approval to eliminate monitoring of the
maximum charge rate as an operating
parameter since it is linked to all
emission limits and not linked only to
HCl emissions.
Q3. Does EPA approve a request to
eliminate the operating parameter
monitoring requirements for minimum
hydrogen chloride (HCl) sorbent flow
rate as specified in § 60.57c(a) and Table
3 of 40 CFR part 60, subpart Ec, at the
Curtis Bay Energy Hospital/Medical/
Infectious Waste Incinerators (HMIWIs)
located in Baltimore, Maryland?
A3. Yes. EPA conditionally approves
the request to eliminate monitoring the
minimum HCl sorbent flow rate as an
operating parameter when the HCl
emissions are measured using an EPA
compliant continuous HCl monitor, as
described in the EPA response letter.
Q4. Does EPA approve a request to
eliminate the recordkeeping
requirements for HMIWI charge dates,
times, and weights and hourly charge
rates as specified in § 60.58c(b)(2)(iii) in
40 CFR part 60, subpart Ec, at the Curtis
Bay Energy HMIWIs, located in
Baltimore, Maryland?
A4. No. EPA finds that, as previously
stated in the answer to question 2 of this
determination, the maximum charge
rate parameters are linked to other
emission limits besides HCl emission
limits.
Q5. Does EPA approve a request to
eliminate the recordkeeping
requirements for the amount and type of
HCl sorbent used during each hour of
operation as specified in
§ 60.58c(b)(2)(vii) in 40 CFR part 60,
subpart Ec, at the Curtis Bay Energy
HMIWIs located in Baltimore,
Maryland?
A5. Yes. EPA agrees that actual data
from an EPA compliant continuous HCl
monitor, as described in the EPA
response letter, will provide HCl
emissions information better than using
surrogate parameters such as amount
and type of HCl sorbent.
Abstract for [0700061]
Q: Does EPA approve an alternative
opacity monitoring procedure, under 40
CFR part 60, subpart Db, for an auxiliary
boiler at the Cardinal Power Plant,
located in Brilliant, Ohio, that has a
design heat input capacity of 652.58
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million British Thermal Units per hour
and that combusts only number 2 fuel
oil?
A: Yes. EPA conditionally approves
this alternative opacity monitoring
procedure under NSPS subpart Db, and
states the conditions and requirements
of the approval in the EPA response
letter.
Abstract for [0700062]
Q: Does EPA find that condition three
of the March 15, 2006, Approval, related
to visible emission readings by a
certified observer using Method 9 at the
auxiliary boiler stack, apply to four
hours of continuous operation or
cumulative operation under CFR part
60, Appendix A, at the Cardinal
Operating Company’s facility in
Brilliant, Ohio?
A: Yes. EPA finds that condition three
applies to four hours of continuous
operation under NSPS subpart A.
Abstract for [0700064]
Q: Is the proposed reduction in the
monitoring frequency for the 321–M
machining room at the Savannah River
Company’s facility in Aiken, South
Carolina, acceptable under 40 CFR part
60, subpart H?
A: Yes. EPA finds that replacing
continuous monitoring with quarterly
confirmatory sampling to verify low
emissions is acceptable under NSPS
subpart H, based upon review of data
submitted with the proposal.
Abstract for [0700065]
Q: Is the procedure that United
Distillers proposed for derating a boiler
at its plant in Louisville, Kentucky in
order to avoid applicability under 40
CFR part 60, subpart Db acceptable?
A: Yes. EPA conditionally approves
the boiler derate since the proposal
meets the criteria that a derate must be
permanent and cannot be reversed with
shutting down the boiler. For this unit,
a derate that involves replacing a
natural gas control valve with a smaller
valve and changing the internal
components in the fuel oil control valve
to restrict the oil firing rate are
acceptable under NSPS subpart Db
because they cannot be reversed without
shutting the unit down. As a condition
for approval for this derate, United
Distillers must monitor fuel usage in
order to verify that the actual heat input
for the unit never exceeds 100 million
British thermal units per hour.
Abstract for [0700066]
Q1: Are the alternative parameter
operating limits that Knauf Fiberglass
has proposed to use for defining excess
emissions at its Lanett, Alabama, plant
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acceptable under 40 CFR part 60,
subpart PPP?
A1: Yes. Based upon information
provided by the manufacturer of the
electrostatic precipitator (ESP) installed
on Knauf’s wool fiberglass insulation
line, EPA finds that the requirement to
monitor ESP primary current, primary
voltage, and secondary current can be
waived since monitoring secondary
voltage, inlet water flow, and inlet water
solids content will provide adequate
information about ESP performance
under NSPS subpart PPP.
Q2. Would EPA approve the Knauf
Fiberglass request to use an alternative
definition of excess emissions with
respect to the certain operating
parameters for which monitoring is
required under subpart PPP.
Specifically, Knauf Fiberglass requests
that scrubber pressure drops, scrubber
water flows, ESP secondary voltages,
and ESP inlet water flows greater than
130 percent of baseline levels during a
successful performance test and ESP
inlet water solids content less than 70
percent of the baseline during a
successful performance test not be
considered periods of excess emissions.
The term, excess emissions, is defined
under NSPS subpart PPP as any
monitoring data that is less than 70
percent of the lowest value or more than
130 percent of the highest value of each
operating parameter recorded during the
most recent performance test.
A2. Yes. Knauf Fiberglass request is
acceptable. EPA agrees that control
device efficiency should improve when
operating in these ranges.
Abstract for [0700067]
Q: Does EPA allow emissions
reductions that occurred at the Ashland
Oil facility in Catlettsburg, Kentucky,
when installing controls in order to
comply with 40 CFR part 61, subpart
FF, be used as emission offsets to avoid
applicability under 40 CFR part 60,
subpart QQQ, by offsetting emission
increases resulting from the installation
of new drains to an existing aggregate
system?
A: No. EPA finds that emission
reductions achieved through activities
which are for the purpose of attaining
compliance with another rule cannot be
used as emission offsets to avoid
applicability under this rule. This
position has been stated in a previous
EPA determination issued by Region 10
under NSPS subpart 60. [SEE ADI
Control Number 9700065.]
Abstract for [0700068]
Q: Does EPA approve an alternative
test method and operating limit, under
40 CFR part 60, subpart XX and 40 CFR
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part 63, subpart R, for the Philtex/Ryton
Complex (Philtex) in Borger, Texas?
A: Yes. EPA approves an alternative
testing and operating limits specified in
§ 60.502(h) of subpart XX and
§ 63.425(e) of subpart R on the basis of
specific stipulations, which address:
The maximum flow of vapors from
loading operations; the heat content of
vapors routed to the flare during loading
operations; the leak tightness of rail
cars; detecting leaks and repairing the
vapor manifold system; verifying that
excess emissions will not occur from
storage tanks at the maximum pressures
during loading; ensuring gasoline is
loaded into only rail cars which pass the
leak test; and monitoring the pressure
continuously in the vapor collection
manifold system.
Abstract for [0700069]
Q: Should vapor combustors be
considered incineration devices or
process flares under 40 CFR part 60,
subpart XX?
A: EPA determines that the vapor
combustor is an incinerator and thus
should be tested as such. Vapor
combustors do not meet the design
criteria of any one of the three flare
types listed in § 60.18 of the General
Provisions. Additionally, vapor
combustors can be emission tested using
EPA reference methods.
Abstract for [0700070]
Q: Does EPA approve an alternative
monitoring plan for gasoline loading
racks and a hydrogen plant, under 40
CFR part 60, subpart J, located at TPI
Petroleum’s Ardmore petroleum
refinery? TPI wants to install a
continuous monitoring system for
periodic fuel gas sampling, instead of a
continuous emission monitoring system.
A: EPA Headquarters is reviewing the
applicability of NSPS part 60, subpart J
to refinery generated gas streams that
are combusted in refinery combustion
devices, such as in product loading rack
systems and hydrogen production
facilities. That review is currently ongoing at a national level. These
nationally significant NSPS part 60, staff
in EPA Headquarters office in
Washington, D.C. EPA Region 6 office
does not have the authority to process
this request until a national
determination has been made.
Abstract for [0700071]
Q1: Does EPA find that any materials
used as a feedstock on the Spherical
Catalyst Manufacturing (SCM) Line 1 at
UOP’s Shreveport, Louisiana plant meet
the 40 CFR part 60, subpart UUU usage
of the term ‘‘mineral’’ (such as
‘‘alumina’’)?
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A1: No. EPA finds none of the feed
materials used on SCM Line 1 (pure
aluminum, hydrochloric acid, and/or
aluminum hydroxychloride solution)
are a ‘‘mineral,’’ as the term is used in
the definition of ‘‘mineral processing
plant,’’ located in NSPS subpart UUU at
§ 60.731.
Q2: Is synthetic alumina produced on
the SCM Line 1 at UOP’s Shreveport,
Louisiana plant, using a combination of
pure aluminum, hydrochloric acid, and/
or aluminum hydroxychloride solution,
a process that meets that applicability
criteria in § 60.730 of 40 CFR part 60,
subpart UUU?
A2: No. EPA finds that the synthetic
alumina produced on SCM Line 1 does
not meet the applicability criteria in
§ 60.730 of 40 CFR part 60, subpart
UUU.
Q3: Is SCM Line 1, located at UOP’s
Shreveport, Louisiana plant, not
processing a ‘‘mineral,’’ as the term is
used in 40 CFR part 60, subpart UUU,
and not producing a ‘‘mineral,’’ as the
term is used in the definition of the
affected facility (each calciner and dryer
at a ‘‘mineral processing plant’’) in
subpart UUU, potentially subject to
NSPS subpart UUU?
A3: No. EPA determines SCM Line 1
cannot be subject to NSPS subpart UUU,
because it neither processes a
‘‘mineral,’’ nor does it produce a
‘‘mineral,’’ and, therefore, it does not
meet the NSPS subpart UUU definition
of a ‘‘mineral processing plant’’.
Abstract for [0700073]
Q: Does EPA consider the gas
processing system which includes two
turbines at the DFW Recycling and
Disposal Facility in Lewisville, Texas, to
be treatment under 40 CFR part 60,
subpart WWW, pursuant to 40 CFR
60.752(b)(2)(iii)(C)?
A: Yes. EPA considers the specified
compression, filtration, and moisture
removal from the landfill gas for use in
an energy recovery device to be
treatment under NSPS subpart WWW,
pursuant to 40 CFR 60.752(b)(2)(iii)(C).
Because the turbines will be exempt
from monitoring, they do not have to be
included in the Startup, Shutdown, and
Malfunction (SSM) Plan required by 40
CFR part 63, subpart AAAA. However,
the treatment system supplying gas to
the turbines will have to be included in
the SSM Plan.
Abstract for [0700074]
Q: Does EPA consider the gas
processing system which includes
reciprocating internal combustion (IC)
engines at the Austin Community
Landfill in Austin, Texas, to be
treatment under 40 CFR part 60, subpart
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WWW, pursuant to 40 CFR
60.752(b)(2)(iii)(C)?
A: Yes. EPA considers the specified
compression, filtration, and moisture
removal from the landfill gas for use in
an energy recovery device to be
treatment under NSPS subpart WWW,
pursuant to 40 CFR 60.752(b)(2)(iii)(C).
Because the engines will be exempt
from monitoring, they do not have to be
included in the Startup, Shutdown, and
Malfunction (SSM) Plan required by 40
CFR part 63, subpart AAAA. However,
the treatment system supplying gas to
the IC engines will have to be included
in the SSM Plan.
Abstract for [0700075]
Q: Does EPA consider the thermal
desorber and pollution control system
which treats diesel-contaminated
drilling cuttings, under construction by
Pollution Management, Incorporated in
Beebe, Arkansas, to be subject to 40 CFR
part 60, subpart CCCC?
A: No. EPA does not consider the
specified treatment of this material,
diesel-contaminated drilling cuttings, by
low temperature thermal desorption
followed by a pollution control system,
to be subject to 40 CFR part 60, subpart
CCCC.
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Abstract for [0700076]
Q: Morton Custom Plastics Company
in Harrisburg, North Carolina is subject
to 40 CFR part 60, subpart TTT and
requests a change in the due dates for
its semiannual compliance statements.
Does EPA allow an adjustment in the
due dates?
A: No. The NSPS General Provisions
at § 60.19 allow an adjustment in the
postmark deadline for semiannual
compliance statements when
information is provided which indicates
that an adjustment is warranted. Since
Morton Custom Plastics has provided no
information to support a change in the
deadline, EPA does not approve the
company’s request.
Abstract for [0700077]
Q: The City of Winston-Salem, North
Carolina, operates an emergency
generator which is subject to 40 CFR
part 60, subpart IIII and is required by
§ 60.4207(a) to use diesel fuel meeting
the requirements of 40 CFR 80.510(a),
beginning October 1, 2007. Does EPA
approve the request that the City use the
remaining non-compliant fuel in its
inventory for six months following
October 1, 2007, pursuant to
§ 60.4207(c)?
A: Yes. EPA approves the City of
Winston-Salem’s request under NSPS
subpart IIII. Based on EPA’s review of
the information provided, the City’s
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petition is approved pursuant to
§ 60.4207, and the City may use the
remaining non-compliant fuel in the
emergency generator for a period of six
months past the deadline of October 1,
2007.
Abstract for [0700078]
Q1: Does EPA approve a request to
deviate from the assumption that a
violation of the dioxin/furan (CDD/CDF)
emission occurs if the Curtis Bay Energy
(CBE) facilities in Baltimore, Maryland,
operate their Hospital/Medical/
Infectious Waste Incinerator (HMIWI)
above the maximum fabric filter inlet
temperature, above the maximum
charge rate, and below the minimum
dioxin/furan sorbent flow rate
simultaneously as stated in 40 CFR part
60, subpart Ec, at § 60.56c(e)(2)?
A1: Yes. EPA conditionally approves
the request under NSPS subpart Ec to
deviate from the assumption that a
violation of the CDD/CDF emission limit
occurs, if the facility simultaneously
operates above the maximum fabric
filter inlet temperature, above the
maximum charge rate, and below the
minimum dioxin/furan sorbent flow
rate, provided five conditions are met
pertaining to fabric inlet temperature,
incinerator carbon monoxide emissions,
opacity limits, the feed rate for the
powdered activated carbon system, and
the compliance characteristics of the
incinerator’s operation.
Q2: Does EPA approve a request to
eliminate the operating parameter
monitoring requirements for maximum
charge rate, as specified in § 60.57c(a)
and Table 3 of 40 CFR part 60, subpart
Ec, at the CBE facilities in Baltimore,
Maryland?
A2: No. EPA finds the maximum
charge rate is an operating parameter
used to determine compliance with
other applicable emission limits in
addition to dioxin/furan emission
limits. EPA’s rationale for this
determination is explained in its August
7, 2006 letter to CBE regarding this
matter. A brief explanation is that the
definition for maximum charge rate
given in § 60.51c of 40 CFR for a
continuous and intermittent HMIWI is
‘‘* * * 110 percent of the lowest 3-hour
average charge rate measured during the
most recent performance test
demonstrating compliance with all
applicable emission limits.’’ By
definition, the maximum charge rate is
linked to compliance with all applicable
emission limits which includes
particulate matter (PM), carbon
monoxide (CO), dioxins/furans, HCl,
lead (Pb), cadmium (Cd), mercury (Hg),
sulfur dioxide (SO2), nitrogen oxides
(NOX), and opacity. EPA will not grant
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approval under NSPS subpart Ec to
eliminate monitoring the maximum
charge rate as an operating parameter
since it is linked to all emission limits
and not linked only to dioxin/furan
emissions.
Q3: Does EPA approve a request to
eliminate the operating parameter
monitoring requirements for maximum
fabric filter inlet temperature as
specified in § 60.57c(a) and Table 3 of
40 CFR part 60, subpart Ec, at the CBE
facilities in Baltimore, Maryland?
A3: Yes. EPA conditionally approves
the request under NSPS subpart Ec,
provided that requirements are met
pertaining to inlet fabric filter
temperature, carbon monoxide
emissions, and COMS operation.
Q4: Does EPA approve a request to
eliminate minimum dioxin/furan
sorbent flow rate as specified in
§ 60.57c(a) and Table 3 of 40 CFR part
60, subpart Ec, at the CBE facilities in
Baltimore, Maryland?
A4: Yes. EPA conditionally approves
the request under NSPS subpart Ec,
provided that the facilities install,
calibrate, and maintain the powdered
activated carbon (PAC) flow rate at a
rate of at least 90 percent of the highest
sorbent feed rate based on a 3-hour
rolling average (readings taken at least
once every hour) measured during the
most recent performance test
demonstrating compliance with
mercury emission limit.
Q5: Does EPA approve a request to
eliminate the recordkeeping
requirements for HMIWI charge dates,
times, and weight and hourly charge
rates, under 40 CFR part 60, subpart Ec,
at the CBE facilities in Baltimore,
Maryland?
A5: No. EPA does not approve CBE’s
request to eliminate the recordkeeping
requirements for HMIWI charge dates,
times, and weights and hourly charge
rates under NSPS subpart Ec. This
determination is consistent with EPA’s
previous determination letters of July 13
and August 7, 2006 to CBE regarding
this matter.
Q6: Does EPA approve a request to
eliminate the recordkeeping
requirements for the amount and type of
dioxin/furan and sorbent used during
each hour of operation under 40 CFR
part 60, subpart Ec, at the CBE facilities
in Baltimore, Maryland?
A6: Yes. EPA conditionally approves
the request to eliminate the sorbent flow
rate recordkeeping requirements for the
primary control system for CDD/CDF
emissions provided CBE maintains
records of the date and time of
identified bag failures including the
date and time that failed bags were
replaced. In addition, CBE shall
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maintain hourly records of PAC flow
rate as required by Maryland’s 111(d)/
129 Plan (COMAR 26.11.08.08–1)
provision relating to the main operating
parameter for controlling mercury
emissions. For the CBE incinerator
units, the PAC system provides
incidental or secondary control of CDD/
CDF. Also, as a final condition, EPA is
requiring that the approved CBE
alternative monitoring and
recordkeeping requirements (including
an approved SOP under Item 1) in this
letter and in the other two (2) approval
letters (to date July 13, 2006 and August
7, 2006) be included in a revised CBE
Title V Operating Permit Application
and be submitted in a timely manner to
the Maryland Department of the
Environment for incorporation into the
Title V Operating Permit. Summary
tables are in letter.
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Abstract for [0700079]
Q1: Does EPA approve Curtis Bay
Energy (CBE) alternative monitoring
request to deviate from the assumption
that a violation of the dioxin/furan
(CDD/CDF) emission occurs if the
facility operates their Hospital/Medical/
Infectious Waste Incinerator (HMIWI)
above the maximum fabric filter inlet
temperature, above the maximum
charge rate, and below the minimum
dioxin/furan sorbent flow rate
simultaneously as stated in 40 CFR part
60, subpart Ec § 60.56c(e)(2), for its two
existing, large-sized, continuous HMIWI
Operations located in Baltimore,
Maryland?
A1: Yes, EPA conditionally approves
the request to deviate from the
assumption that a violation of the CDD/
CDF emission limit occurs, if the facility
simultaneously operates above the
maximum fabric filter inlet temperature,
above the maximum charge rate, and
below the minimum dioxin/furan
sorbent flow rate provided CBE meets
the five conditions described in the EPA
response letter. The five conditions
were established based on EPA’s review
of the Remedia Catalytic Filter System
performance guarantee conditions of W.
L. Gore and Associates, Incorporated;
the CBE standard operating procedure
for Baghouse Operations; and
summaries of five consecutive annual
CDD/CDF stack tests (15 stack test run
summaries) conducted during the
period from February 2002 through
February 2006.
Q2: Does EPA approve a request to
eliminate the operating parameter
monitoring requirements for maximum
charge rate as specified in 40 CFR
60.57c(a) and Table 3 of 40 CFR part 60,
subpart Ec?
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A2: No. As indicated in a previous
EPA response dated August 7, 2006 to
CBE, the maximum charge rate is an
operating parameter used to determine
compliance with other applicable
emission limits in addition to dioxin/
furan emission limits. The definition for
maximum charge rate given in 40 CFR
60.51c for a continuous and intermittent
HMIWI is ‘‘* * * 110 percent of the
lowest 3-hour average charge rate
measured during the most recent
performance test demonstrating
compliance with all applicable emission
limits.’’ By definition, the maximum
charge rate is linked to compliance with
all applicable emission limits which
includes particulate matter (PM), carbon
monoxide (CO), dioxins/furans, HCl,
lead (Pb), cadmium (Cd), mercury (Hg),
sulfur dioxide (SO2), nitrogen oxides
(NOX), and opacity. EPA will not grant
approval to eliminate monitoring the
maximum charge rate as an operating
parameter since it is linked to all
emission limits and not linked only to
dioxin/furan emissions. This
determination is consistent with a
previous EPA response to CBE dated
August 7, 2006.
Q3: Does EPA approve a request to
eliminate the operating parameter
monitoring requirements for maximum
fabric filter inlet temperature as
specified in § 60.57c(a) and Table 3 of
40 CFR part 60, subpart Ec?
A3: Yes, EPA conditionally approves
the request provided that the
requirements described in the EPA
response letter are met. This
determination is consistent with two
previous EPA responses to CBE dated
July 13, 2006 and August 7, 2006.
Q4: Does EPA approve a request to
eliminate minimum dioxin/furan
sorbent flow rate as specified in
§ 60.57c(a) and Table 3 of 40 CFR part
60, subpart Ec?
A4: Yes, EPA conditionally approves
the request provided that the
requirement described in the EPA
response letter is met.
Q5: Does EPA approve a request to
eliminate the recordkeeping
requirements for HMIWI charge dates,
times, and weight and hourly charge
rates?
A5: No. EPA will not approve the
request to eliminate the recordkeeping
requirements for HMIWI charge dates,
times, and weights and hourly charge
rates since these records are needed to
demonstrate continuous compliance.
This determination is consistent with
two previous EPA responses to CBE
dated July 13, 2006 and August 7, 2006.
Q6: Does EPA approve a request to
eliminate the recordkeeping
requirements for the amount and type of
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dioxin/furan and sorbent used during
each hour of operation of the control
equipment?
A6: Yes. EPA conditionally approves
the request to eliminate the sorbent flow
rate recordkeeping requirements for the
primary control system for CDD/CDF
emissions, as specified in § 60.57c(a)
and Table 3 of 40 CFR part 60, subpart
Ec, provided CBE meets the conditions
for alternative monitoring and
recordkeeping requirements, and
submits a timely revised Title V
Operating Permit Application
incorporating such conditions, as
specified in the EPA response letter.
Abstract for [0700080]
Q: Does EPA approve an alternative
opacity monitoring procedure, under 40
CFR part 60, subpart Db, for a limited
time period due to construction of new
boilers and having to bypass the existing
continuous opacity monitors at the
University of Virginia’s main heating
plant in Charlottesville, Virginia?
A: Yes. Under the circumstances, EPA
approves the use of Method 9
procedures, under NSPS subpart Db, for
the short period that the existing
continuous opacity monitor must be
bypassed to tie in two new boilers.
Abstract for [0800001]
Q: Is a proposal to monitor fuel usage
on a monthly basis, rather than a daily
basis, acceptable under 40 CFR part 60,
subpart Dc, for seven natural gas fired
boilers at the Department of the Army’s
base in Fort Benning, Georgia?
A: Yes. Since there are no applicable
emission limits under 40 CFR part 60,
subpart Dc for boilers that combust
natural gas, EPA determines compliance
for these affected facilities can be
adequately verified with monthly fuel
usage records. NSPS subpart Dc
contains emissions limits for sulfur
dioxide and particulate, but these limits
are only applicable to units that
combust coal, oil, and/or wood.
Abstract for [0800002]
Q: Is the initial performance
particulate testing requirement at a
baghouse that controls emissions from a
crusher, which runs for approximately
15 to 20 minutes per day, waived under
40 CFR part 60, subpart OOO (Standards
of Performance for Nonmetallic Mineral
Processing Plants) for the Carbo
Ceramics Company in McIntyre,
Georgia?
A: EPA conditionally approves
waiving the initial performance test for
particulate matter testing requirement
under § 60.11(b). Carbo Ceramics
Company must conduct the visible
emission observation testing, required
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under § 60.11(b), for a period of at least
one hour (10 six-minute averages) at the
exit of the baghouse, which is approved
by EPA under § 60.8(b)(5) due to the
intermittent use of the crusher.
Abstract for [0800003]
Q: Is the reduced hydrogen sulfide
monitoring frequency that Shell
Chemical proposed for a fuel gas stream
generated in No. 1 Naphtha Splitter at
their Mobile, Alabama refinery
acceptable for 40 CFR part 60, subpart
J?
A: Yes. EPA determines that Shell’s
proposal to reduce the monitoring
frequency from four times per day to
once per quarter is acceptable, based on
the review of historical monitoring data
submitted with the request which
confirms that hydrogen sulfide is not
present in the fuel gas stream.
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Abstract for [0800004]
Q1: Are alternative hydrogen sulfide
monitoring procedures and frequencies
proposed for three fuel gas streams
subject to 40 CFR part 60, subpart J, at
the Hunt Refining Company facility in
Tuscaloosa, Alabama acceptable?
A1: Yes. EPA finds all three of the
proposed alternatives are acceptable
because the hydrogen sulfide content of
these streams is inherently low.
Q2: Is the alternative monitoring
proposal to monitor the continuous
presence of a pilot flame at an enclosed
flare, subject to NESHAP subpart R, in
lieu of temperature monitoring at the
firebox, acceptable under 40 CFR part
60, subpart J, for the Hunt Refining
Company facility in Tuscaloosa,
Alabama?
A2: No. EPA denies the alternative
monitoring proposal since monitoring
the pilot flame at an enclosed flare alone
is not adequate to demonstrate
continuous compliance. This
conclusion is based upon several
previous EPA determinations and the
revisions to NESHAP subpart R,
promulgated by EPA in 2003.
Abstract for [0800005]
Q: Do the natural gas processing steps
for gas collected for combustion in
internal combustion engines to produce
electricity at three landfills located in
Florida including Trail Ridge Landfill
(Baldwin), Brevard County Landfill
(Cocoa), and Seminole County Landfill
(Geneva), constitute ‘‘treatment’’ under
40 CFR part 60, subpart WWW?
A: Yes. EPA finds that this
combination of processing steps
constitutes treatment, as stated in
several previous EPA determinations. In
addition, the treated gas would not be
subject to control requirements under
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subpart WWW since the gas from all
three landfills is filtered to one micron,
dewatered, and compressed.
Abstract for [0800006]
Q: What is the required frequency for
relative accuracy test audits (RATAs) on
sulfur dioxide continuous emission
monitoring systems installed on sulfuric
acid plants subject to 40 CFR part 60,
subpart H as referred to in the letter
from Koogler and Associates?
A: EPA finds that the only RATA that
part 60 specifically requires for sulfur
dioxide monitors installed under
subpart H is the one conducted during
the initial performance test on the
facility. It would also be appropriate to
require an additional RATA when
existing monitors are being recertified.
In addition, state and local agencies may
require more frequent RATAs on a caseby-case basis.
Abstract for [0800007]
Q: Does EPA approve the use an
alternative performance test method,
under 40 CFR part 60, subpart UUU, to
verify compliance with the applicable
opacity limit for rotary sand dryers
located inside of buildings at two
Triangle Brick Company plants in
Moncure, North Carolina and
Wadesboro, North Carolina, if no visible
emissions are detected during a 75minute EPA Method 22 observation
period on the exterior of the buildings?
A: Yes. EPA finds that the proposed
performance testing procedures,
consisting of Method 22 observations
made on the exterior of the buildings
where they are located, would be
acceptable in lieu of EPA Method 9 for
rotary sand dryers located inside of
buildings. The EPA Method 22
procedures are similar to a compliance
option under 40 CFR part 60, subpart
OOO (Standards of Performance for
Nonmetallic Mineral Processing Plants),
allow for affected facilities located
inside buildings. 40 CFR 60.8(b)(4)
allows for the requirement for an initial
performance test to be waived when an
owner or operator demonstrates through
other means that an affected facility is
in compliance.
Abstract for [0800008]
Q: Does EPA approve the Duke Energy
Corporation request for a waiver of the
requirement to conduct Method 5
testing on forced air mechanical vents
on limestone transfer towers and reagent
preparation buildings at three power
plants at the Marshall, Belews Creek,
Allen, and Cliffside Stations in North
Carolina under 40 CFR part 60, subpart
OOO?
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A: Yes. EPA finds that, based upon
the design and operation of the affected
facilities within the transfer towers and
reagent preparation buildings,
particulate emissions should be
extremely low. Due to the low potential
for emissions, waiving the Method 5
testing requirement for any forced air
mechanical vent where no visible
emissions are detected over the course
of a one-hour Method 9 observation
period would be acceptable to EPA.
Abstract for [0800009]
Q: Is monitoring the strength of the
solution in the caustic scrubber for a
fuel gas stream at the Chevron Products
Company refinery in Pascagoula,
Mississippi an acceptable alternative to
continuously monitoring the hydrogen
sulfide content of the fuel gas stream?
A: Yes. EPA approves the alternative
monitoring plan with the condition that
Chevron amends it to specify what steps
the company will take if monitoring
data indicates that the caustic solution
is more than 80 percent spent, the
maximum allowable strength.
Abstract for [0800010]
Q1: Is a proposal to delay the
installation of gas collection wells in
active areas that have held waste for five
years or more at the Three Rivers
Landfill in Aiken County, South
Carolina, acceptable under 40 CFR part
60, subpart WWW?
A1: No. EPA finds that the proposal
is not acceptable under NSPS subpart
WWW since the collection system
would be less effective than that
required under provisions in 40 CFR
60.753. The use of the leachate
collection system only to extract gas
from active areas that have held waste
for five years or more will result in a
less effective system than one that
incorporates both the leachate system
components and properly located
extraction wells.
Q2: Does EPA allow quarterly
methane surface concentration
monitoring to be waived for roads,
active areas, truck traffic areas, and
areas with slopes greater than 3:1, at the
Three Rivers Landfill located in Aiken
County, South Carolina under 40 CFR
part 60, subpart WWW?
A2: EPA waives the monitoring for
roads, but not for the other areas
covered by the request under NSPS
subpart WWW. Based upon previous
EPA determinations, surface methane
monitoring requirements cannot be
waived for active areas, truck traffic
areas, or areas with slopes less than 4:1.
Q3: Does EPA find that a probe may
be placed near the tops of vegetation as
an alternative to placing the methane
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surface concentration monitoring probe
within five to ten centimeters of the
landfill surface, at the Three Rivers
Landfill in Aiken County, South
Carolina under 40 CFR part 60, subpart
WWW?
A3: No. EPA finds this proposal is not
acceptable under NSPS subpart WWW
because dilution of the sample will
result in the methane concentration
being lower at the top of vegetation than
it is at the landfill surface.
Q4: Does EPA waive the requirement
to monitor the temperature of internal
combustion engines used as control
devices at the Three Rivers Landfill be
waived under 40 CFR part 60, subpart
WWW?
A4: No. Although EPA finds that the
combustion temperature monitoring
requirement cannot be waived under
NSPS subpart WWW, EPA has approved
temperature monitoring alternatives in
the past. Therefore, Three Rivers
Landfill may want to consider approval
of a similar alternative for its site.
Q5: Does EPA approve the use of an
orifice plate for measuring the flow rate
to the flare that serves as backup control
device at the Three Rivers Landfill
under 40 CFR part 60, subpart WWW?
A5: Yes. The use of orifice plates are
commonly used for measuring process
flow rates, therefore, such practice is
appropriate and does not require prior
EPA approval for use at the Three Rivers
Landfill.
Q6: Does EPA approve the use of a
continuous relighter as an alternative to
a heat sensing device, such as an
ultraviolet beam sensor or thermocouple
at the pilot light or in the flame, for a
backup flare expected to operate for 120
days or less per year at the Three Rivers
Landfill under 40 CFR part 60, subpart
WWW?
A6: No. EPA determines that a
continuous relighter is not an acceptable
substitute for a heat sensing device
under NSPS subpart WWW, as stated in
a previous EPA determination.
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Abstract for [0800011]
Q: Are the alternative locations that
Montenay Charleston proposed for
installing the carbon monoxide (CO)
continuous emission monitoring
systems on its municipal waste
combustor units in Charleston, South
Carolina acceptable under 40 CFR part
60, subpart Cb?
A: Yes. Based upon information
supplied with the request, EPA finds
that the CO concentration at the
proposed alternative monitoring sites is
representative of the concentration at
the monitoring site specified in NSPS
subpart Cb.
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Abstract for [0800012]
Q: Does EPA approve delaying
implementation of the pressure,
temperature, and oxygen monitoring
requirements under 40 CFR part 60,
subpart WWW until September 2010,
for seven wells that are located in an
active area that first received waste in
September 2005, at the Chestnut Ridge
Landfill in Heiskell, Tennessee?
A: EPA finds that the proposal to
delay monitoring for these wells would
be consistent with the intent of § 60.753
in NSPS subpart WWW provided that
the area of the landfill where the wells
are located is not closed or does not
reach final grade prior to September
2010.
Abstract for [0800013]
Q1: Is the shortened test duration that
the Tennessee Valley Authority (TVA)
proposed for the initial nitrogen oxides
performance test on two auxiliary
boilers at the Cumberland Fossil Plant
in Cumberland, Tennessee acceptable
under 40 CFR part 60, subpart Db?
A1: Yes. EPA finds that the TVA
proposal to shorten the initial
performance test to three hours is
acceptable under NSPS subpart Db
because of the high cost of conducting
a 24-hour test outweighs any benefit
associated with a test of this duration.
Q2: Is the TVA proposal to conduct
future performance tests every 400
hours of operation instead of conducting
annual performance tests at the
Cumberland Fossil Plant in
Cumberland, Tennessee acceptable
under 40 CFR part 60, subpart Db?
A2: No. EPA finds that the proposal
to base the schedule for future
performance testing only on hours of
operation is not acceptable under NSPS
subpart Db due to the lack of historical
information regarding the frequency of
operation and the margin of compliance
for the units in question. Since burning
fuel in order to operate the auxiliary
boilers only for testing purposes would
be a waste of resources, the requirement
to conduct annual tests may be waived
during any year when the auxiliary
units are not used for starting up the
power boilers at the Cumberland Fossil
Plant.
Abstract for [0800014]
Q: Is the Duke Energy proposal to use
quality assurance (QA) procedures and
schedules from 40 CFR part 75 to satisfy
QA requirements for the combustion
turbines at its electric power peaking
plant in Brownsville, Tennessee
acceptable under 40 CFR part 60,
subpart GG?
A: Yes. EPA approves this request
because the turbines in question operate
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intermittently, and the proposed
alternative procedures reduce the
likelihood that Duke will need to
operate the turbines only for testing
purposes during some calendar quarters
under NSPS subpart GG. EPA has
approved similar proposals in the past.
Abstract for [0800015]
Q: Is the proposal to use a predictive
emission monitoring system (PEMS) as
a substitute for a nitrogen oxides
continuous emission monitoring system
on Boiler No. 6 at the Oak Ridge
National Laboratory (ORNL) acceptable?
A: No. EPA does not approve using a
PEMS to measure nitrogen oxides
emissions for Boiler No. 6 at this time.
EPA would be willing to consider this
proposal if ORNL submits additional
information for the PEMS based on a
relative accuracy test and provides a
description of the quality assurance
program for the PEMS.
Abstract for [0800016]
Q1: Does EPA find that 40 CFR part
60, subpart Db applies to a wood
burner/thermal oil heater/rotary dryer
system at the Norbord Georgia
Incorporated (Norbord) oriented strand
board manufacturing facility in Cordele,
Georgia?
A1: Yes. EPA finds that the wood
burner/thermal oil heater/rotary dryer
system is a steam generating unit, and
is therefore subject to NSPS subpart Db.
Q2: Does EPA approve an alternative
opacity monitoring procedure for the
wood burner/thermal oil heater/rotary
dryer system for Norbord facility located
in Cordele, Georgia, since the formation
of condensate may interfere with a
continuous opacity monitoring system
(COMS) under 40 CFR part 60, subpart
Db? Norbord proposes that the exhaust
from the system be ducted through a
wet electrostatic precipitator and then
through two regenerative thermal
oxidizers (RTOs).
A2: No. EPA finds that Norbord has
not provided information to justify an
alternative monitoring procedure under
NSPS subpart Db. The temperature of
the exhaust exiting the RTOs should
exceed the dew point of the steam,
therefore, there is no reason to assume
that water droplets will interfere with a
COMS.
Abstract for [M070016]
Q: Does EPA approve an alternative
monitoring request under 40 CFR part
63, subpart EEE, for Veolia ES Technical
Solutions, L.L.C. of Sauget, Illinois, to
use an extractive hydrogen chloride
(HCl) continuous emission monitoring
system (CEMS) to demonstrate
compliance with the hydrogen chloride/
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chlorine gas emission standard and
waive the monitoring requirements
pertaining to spray dryer scrubbers set
forth in 40 CFR 63.1209(o)(4)(i), (ii) and
(iii)?
A: No. EPA finds the request does not
include any data or information to
demonstrate the HCl CEMS initial
accuracy, precision, and reliability
under MACT subpart EEE. Further, the
request does not document periodic
(daily, quarterly, and annually) quality
assurance and quality control
procedures for each HCl CEMS.
Abstract for [M070017]
Q: Does EPA approve an alternative
monitoring plan in lieu of the
continuous opacity monitoring
requirements of 40 CFR 60.105(a)(1) and
corresponding requirements of 40 CFR
part 63, subpart UUU, where a wet
scrubber is to be installed on Puget
Sound Refining’s fluidized catalytic
cracking unit (FCCU) in Anacortes,
Washington?
A: Yes. EPA approves the monitoring
of the liquid flow rate and gas flow rate
for the wet gas scrubber, which is a jetejector design. Calculation of the liquidto-gas ratio must be done as outlined in
Tables 2 and 3 of 40 CFR part 63,
subpart UUU, except that for purposes
of determining and reporting excess
emissions for the FCCU, a 3-hour rolling
average of the liquid-to-gas ration will
be used.
Abstract for [M070018]
Q: Does EPA approve an alternative
monitoring application (AMA),
submitted in conjunction with the
Comprehensive Performance Test (CPT)
plan, for the Celanese Clear Lake Plant
(Celanese) located in Pasadena, Texas,
consisting of the use of minimum liquid
levels in the condenser/absorber and
entrainment separator in conjunction
with minimum blowdown rate from the
quench receiver to monitor solids
content of the scrubber liquid under 40
CFR part 63, subpart EEE?
A: Yes. EPA conditionally approves
the AMA under MACT subpart EEE if
Celanese incorporates specific
conditions into the CPT and
automatically controls the flow of
demineralized water, as specified in the
EPA response letter.
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Abstract for [M070019]
Q1: Does EPA find that Train I and
Train II Rotary Kiln Incinerators (RKI) at
the Clean Harbors facility in Deer Park,
Texas, with shrouds constructed at both
ends, can be used as an alternative
measure to control combustion gas leaks
under 40 CFR part 63, subpart EEE?
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A1: Yes. EPA conditionally approves
the alternative monitoring request for
RKI at the Clean Harbors facility, under
MACT subpart EEE. The additional
requirements that RKI would need to
meet are set out in the EPA response
letter.
Q2: Does EPA find that Train I and
Train II RKIs at the Clean Harbors
facility in Deer Park, Texas, which
monitor stack gas flow rate, can be used
instead of flue gas flow rate under 40
CFR part 63, subpart EEE?
A2: Yes. EPA determines that stack
gas flow rate can be used instead of flue
gas flow rate under MACT subpart EEE.
Q3: Does EPA approve that a
measurement of pressure drop across
the low energy wet scrubber be waived
under 40 CFR part 63, subpart EEE for
Train I and Train II RKIs at the Clean
Harbors facility in Deer Park, Texas?
A3: Yes. EPA approves waiving a
measurement of pressure drop across
the wet scrubber, under MACT subpart
EEE, provided that a minimum liquid to
gas ratio is established and a scrubber is
operated in accordance with design
specifications set out in the EPA
response letter.
Q4: Does EPA find that the liquid
flow rate may be monitored in lieu of
liquid feed pressure for a wet scrubber
under 40 CFR part 63, subpart EEE, at
the Clean Harbors facility in Deer Park,
Texas?
A4: EPA determines that liquid flow
rate may be monitored in lieu of liquid
feed pressure under MACT subpart EEE,
provided that the conditions specified
in response A3, above are met, as
specified in the EPA response letter.
Q5: Does EPA approve a 10-second
delay if the pressure in the combustion
zone remain positive for 30 continuous
seconds to indicate a combustion
system leak before an Automatic Waste
Feed Cut-off (AWFCO) is engaged under
40 CFR part 63, subpart EEE for Train
I and Train II RKIs at the Clean Harbors
facility in Deer Park, Texas?
A5: No. EPA does not approve the 10second delay since the justification
provided is not acceptable. EPA
determines that for purposes of MACT
subpart EEE, an AWFCO must be
engaged any time the pressure in the
combustion system is positive for more
than one second.
Abstract for [M070020]
Q: Does EPA approve a revision to the
alternative monitoring plan that the
Agency previously approved on
December 12, 2003 for the Chalmette
Refinery in Chalmette, Louisiana, to
allow the facility the options under 40
CFR part 63, subpart G to reduce
hazardous air pollutant emissions either
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by greater than 98 weight-percent or to
a concentration of 20 parts per million
by volume, whichever is less stringent?
A: Yes. EPA approves the revision to
the alternative monitoring plan under
NSPS subpart G, providing the facility
both options offered by the regulations.
The original conditions in the December
12, 2003 letter for application to EPA to
reduce the frequency of monitoring still
apply.
Abstract for [M070021]
Q1: The Dow Freeport Plant (Dow)
Rotary Kiln Incinerator (RKI) located in
Freeport, Texas has an IP.21 (data
historian system) to calculate the hourly
rolling average (HRA) and 12-hour
rolling average. Is it allowed to continue
burning hazardous waste while IP.21 is
down, under 40 CFR part 63, subpart
EEE?
A1: Yes. EPA finds that the RKI can
continue burning hazardous waste
while IP.21 is down if the Automatic
Waste Feed Cut-off (AWFCO) is
initiated based on an instantaneous
data, as indicated in the EPA response
letter.
Q2: Can the DOW RKI have positive
pressure in the combustion zone for 30
seconds to indicate a combustion
system leak and before the AWFCO is
engaged, under 40 CFR part 63, subpart
EEE?
A2: No. EPA denies the request for
any time delay before triggering an
AWFCO since pressure in the
combustion chamber is higher than
ambient pressure.
Q3: Can a freshwater make-up rate to
the scrubber system be used as an
alternative to measure blowdown rate
and tank level to control and monitor
solids content of the scrubber liquid at
the Dow RKI, under 40 CFR part 63,
subpart EEE?
A3: Yes. EPA finds that the freshwater
make-up rate to the scrubber system can
be used as an alternative to blowdown
rate and tank level with requirements to
establish and monitor the liquid to gas
(L/G)ratio, as specified in the EPA
response letter.
Q4: For a scrubber, along with
minimum liquid and maximum flue gas
flow, a minimum liquid feed pressure
and minimum scrubber pump amperage
are monitored. Can hazardous waste be
allowed to burn if one of the three
parameters is out of control at the Dow
RKI, under 40 CFR part 63, subpart EEE?
A4: Yes. However, EPA finds that the
AWFCO will be instituted if any two of
the parameters exceed the operating
parameter limits (OPL) established
during the Comprehensive Performance
Testing (CPT).
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Q5: Can an AWFCO be instituted
when there is a loss in any two states
of Ionizing Wet Scrubber (IWS) at the
Dow RKI, under 40 CFR part 63, subpart
EEE?
A5: EPA will evaluate the results of
the initial CPT with any three of the
four IWS units operating shows, and if
these are acceptable, then Dow will be
allowed to set an AWFCO for power loss
when more than one IWS units is ‘shutdown’, as specified in the EPA response
letter.
Q6: Can a requirement to establish an
OPL for the temperature in the
secondary combustion chamber (SCC)
be waived at the Dow RKI, under 40
CFR part 63, subpart EEE?
A6: No. EPA finds that the
requirement to establish an OPL for the
temperature cannot be waived since the
AWFCO must be triggered anytime the
pressure in the SCC is higher than the
ambient pressure.
Q7: Can a manufacturer’s
specification be used to establish a limit
on the carbon bed’s inlet temperature at
the Dow RKI, under 40 CFR part 63,
subpart EEE?
A7: EPA finds that the manufacturer’s
specification can be used if the facility
operates the carbon bed in accordance
with the manufacturer’s specifications.
Q8: Can a requirement to monitor pH
be waived for the acid absorber at the
Dow RKI, under 40 CFR part 63, subpart
EEE?
A8: A requirement to monitor pH can
be waived if the absorber is operated
within the HRA limits on L/G ration,
minimum freshwater makeup flow rate,
and total pressure drop across the
scrubber.
Q9: Can pH be monitored on scrubber
system comprising of an ionizing wet
scrubber and a pre-scrubber and set it as
AWFCO at the Dow RKI, under 40 CFR
part 63, subpart EEE?
A9: Yes. EPA finds that the pH can be
monitored on scrubber system and set it
as AWFCO.
Q10: Can the Automatic Waste Feed
Cut-off (AWFCO) be based on liquid
feed pressure for individual scrubbers
on the scrubber system at the Dow RKI,
under 40 CFR part 63, subpart EEE?
A10: Yes. EPA finds that the AWFCO
can be based on liquid feed pressure for
individual scrubbers.
Abstract for [M070022]
Q: Does EPA approve an alternative
test method and operating limit, under
40 CFR part 60, subpart XX and 40 CFR
part 63, subpart R, for the Philtex/Ryton
Complex in Borger, Texas?
A: Yes. EPA approves an alternative
testing and operating limits specified in
§ 60.502(h) of MACT subpart XX and
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§ 63.425(e) of subpart R on the basis of
specific stipulations, which address:
The maximum flow of vapors from
loading operations; the heat content of
vapors routed to the flare during loading
operations; the leak tightness of rail
cars; detecting leaks and repairing the
vapor manifold system; verifying that
excess emissions will not occur from
storage tanks at the maximum pressures
during loading; ensuring gasoline is
loaded into only rail cars which pass the
leak test; and monitoring the pressure
continuously in the vapor collection
manifold system.
Abstract for [M070023]
Q1: Should ANR Pipeline Company
(ANR), which owns and operates
reciprocating internal combustion
engines (RICE) at a pipeline compressor
station be required, under 40 CFR part
63, subpart ZZZZ, to start up the RICE
for the sole purpose of recording the
pressure drop across the catalyst as
required by 40 CFR 63.6640(a) if it is not
operating during a particular month?
Does EPA approve ANR request to not
start up the RICE under the condition
described above for three compressor
stations: The Woolfolk Compressor and
the Reed City Compressor Stations in
Michigan, and the Saint John
Compressor Station in Indiana.
A1: Yes. EPA conditionally approves
this request. ANR must document
periods when the RICE is not operating,
as required under § 63.6650 of MACT
subpart ZZZZ.
Q2: ANR requests that EPA clarify the
requirements at 40 CFR 63.6640(a) as
they relate to its three compressor
stations, the Woolfolk Compressor and
the Reed City Compressor Stations in
Michigan, and the St. John Compressor
Station in Indiana. Specifically, ANR
asks whether a RICE that is operated
during a given month below the target
window for percent load is required,
under 40 CFR part 63, subpart ZZZZ, to
increase the load for the sole purpose of
measuring the pressure drop?
A2: No. ANR is not required to
increase the load for the sole purpose of
measuring pressure drop across the
compressor stations. However, the ANR
will be required to measure the pressure
drop once the load is increased to the
target window, or when operations
exceed 30 days (regardless of load), and
to document the time periods when the
RICE is operated below the target
window in its semi-annual report, as
required under MACT subpart ZZZZ.
Q3: Does EPA approve that RICE,
which does not have the ability to
operate at full load due to restrictive
operating parameters associated with
the gas service that they support, be
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tested at a reduced load to establish the
target window for measuring pressure
drop across the catalyst, under 40 CFR
part 63, subpart ZZZZ, at ANR
facilities? ANR requests clarification in
regards to three compressor stations, the
Woolfolk Compressor and the Reed City
Compressor Stations in Michigan, and
the St. John Compressor Station in
Indiana.
A3: EPA approves the alternative
testing procedures for setting the target
window for measuring pressure drop,
under MACT subpart ZZZZ, provided
that ANR establishes a lower maximum
load rate and appropriate differential
pressure ranges for the reduced load.
Q4: For a RICE that can never be
operated at the target window, should
ANR monitor the pressure drop when
an established lower-load baseline is
achieved in any given month, under 40
CFR part 63, subpart ZZZZ? ANR
requests clarification in regards to three
compressor stations, the Woolfolk
Compressor and the Reed City
Compressor Stations in Michigan, and
the St. John Compressor Station in
Indiana.
A4: Yes. EPA recommends that ANR
measure monthly pressure drop when
the units are operating to assure catalyst
performance, even if the units are
operating at a reduced load below the
target window.
Abstract for [M070024]
Q1: Does EPA approve a waiver of the
requirement under 40 CFR part 63,
subpart EEE to establish operating
parameter limits for waste viscosity,
waste fuel delivery pressure,
atomization pressure, etc., which ensure
good operation of the firing system for
a fluidized bed incinerator (FBI) with
waste feeding through simple lances at
the Eastman Chemical Company in
Longview, Texas?
A1: EPA conditionally approves this
waiver, with the condition that
Automatic Waste Feed Cut-off (AWFCO)
be instituted on minimum stack gas
flow to ensure proper operation of
fluidized bed, and amend the
Comprehensive Performance Test plan,
as detailed in the EPA response letter.
Q2: Does EPA approve a waiver of the
requirement in 40 CFR part 63, subpart
EEE, to monitor the liquid feed pressure
for a hydrochloric acid and chlorine gas
scrubber?
A2: EPA approves this waiver with
the conditions that a minimum liquid to
gas ratio for the scrubber must be
established during the CPT and the
scrubber must be operated in
accordance with the manufacturer’s
design specifications.
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Q3: Does EPA approve a waiver to
establish a maximum combustion
chamber pressure in an FBI?
A3: EPA approves this waiver with a
condition to establish an upper limit for
the pressure at the inlet end of the heat
exchanger as an AWFCO operating
parameter limit, based on historical
data.
Abstract for [M070025]
Q1: Does EPA approve hourly rolling
average (HRA) feed rate limitations in
lieu of calculating 12-hour rolling
average limits for ash, mercury, total
chlorine, chlorides, and metals at
Reynolds Metals Company Gum Springs
Plant (Reynolds) in Arkadelphia,
Arkansas, under 40 CFR part 63, subpart
EEE?
A1: Yes. EPA conditionally approves
the use of HRA based upon Reynolds
establishing maximum feed rates during
the Comprehensive Performance Test
(CPT) for the pot liner mix, mercury,
semi-volatile metals, low-volatile
metals, and chlorine/chlorides, under
MACT subpart EEE.
Q2: Can Reynolds use maximum inlet
temperature at the baghouse inlet based
on operating practice and engineering
judgment instead of actual temperature
measurement during CPT, under 40 CFR
part 63, subpart EEE?
A2: Yes. EPA approves that Reynolds
use maximum inlet temperature under
MACT subpart EEE based on an
operating practice and an engineering
judgment instead of actual temperature
during CPT.
Q3: Does EPA approve that Reynolds
use instantaneous pressure limitations
of minimum baghouse differential
pressure (dp) along with continuous
opacity monitoring system (COMS)
reading of 15 percent to trigger an alarm
and alert the operators for potential bag
leak events at its facility, under 40 CFR
part 63, subpart EEE?
A3: Yes. EPA conditionally approves
the use of minimum dp, but with a 10
percent, rather than the requested 15
percent, COMS opacity reading on a 6minute rolling average basis. Reynolds
is required to maintain a minimum dip
across the baghouse of 0.5 inches of
water column on an instantaneous basis,
as specified in the EPA response letter.
Q4: Does Reynolds get a waiver of the
requirement to select operating
parameter limits for the cyclones and
instead use an existing operation and
maintenance (O&M) plan for inspecting,
maintenance, and performing corrective
measures under 40 CFR part 63, subpart
EEE?
A4: Yes. EPA approves the use of the
existing O&M plan until proper OPLs
are identified by EPA or the Arkansas
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Department of Environmental Quality,
and limits are established under MACT
subpart EEE.
Q5: Does EPA approve a request to
waive the requirements to select
parameters to ensure good operation of
the waste firing system in the case
where liquid waste is not atomized or
injected into a flame zone at the
Reynolds Metals Company Gum Springs
Plant in Arkadelphia, Arkansas, under
40 CFR part 63, subpart EEE?
A5: EPA finds that a waiver under
MACT subpart EEE is not needed
because combustible liquid waste is not
atomized or injected into a flame zone,
so the requirement to establish
parameter limits to ensure good
operation of the liquid waste firing
system is not applicable.
Abstract for [M070026]
Q1: Does EPA approve the use of data
from Kiln 1, under 40 CFR part 63,
subpart EEE, to show compliance and
set operating parameter limits for Kiln 2
at the Ash Grove Cement Company
Foreman Arkansas Plant (Ash Grove)?
Note that Kiln 1 and Kiln 2 are identical
in design, construction, and process
operations. Kilns burn the same waste
feed streams.
A1: Yes. EPA approves this request
under MACT subpart EEE, because Kiln
1 and Kiln 2 are identical in every
respect, including design, construction,
and process operations. Both Kilns burn
the same waste feed streams.
Q2: Does EPA approve that the Ash
Grove use stack test data from mode 1
(hazardous waste in combustion
chamber) to establish operating
parameter limits (OPLs) for mode 2
(hazardous waste not in combustion
chamber), under 40 CFR part 63, subpart
EEE?
A2: Yes. EPA conditionally approves
the request to use stack test data from
mode 1 to establish OPLs for mode 2
under MACT subpart EEE. The OPLs
developed using mode 1 should be
based upon a worst case scenario, as
mentioned in the EPA response letter.
Q3: Does EPA approve that the Ash
Grove show destruction and removal
efficiency (DRE) compliance for Kiln 3
(larger capacity unit) based on DRE test
results from Kiln 1 (smaller capacity
unit), under 40 CFR part 63, subpart
EEE?
A3: Yes. EPA approves this request
under MACT subpart EEE. Since the
Resource Conservation and Recovery
Act (RCRA) permit temperature
requirements have been found to ensure
compliance with the standard, stack
testing of Kiln 1 will validate that no
changes in the systems have occurred
that will impact this proven
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44741
relationship. The request to base
minimum temperature OPLs on prior
RCRA permit provisions will be
determined following submittal and
review of the Ash Grove’s
Comprehensive Performance Test (CPT)
data results.
Q4: Does EPA approve extrapolation
of metal feed rates under 40 CFR part
63, subpart EEE, for Kiln 2 based on
results from a stack test conducted on
Kiln 1 at the Ash Grove Cement
Company Foreman Arkansas Plant?
A4: EPA is not able to make a
determination under MACT subpart EEE
until it has reviewed and accepted the
CPT data results.
Q5: Does EPA find that the Ash Grove
can compute the hourly rolling average
based on the available clock minutes of
data rather than lengthening the period
of time over which an average is
calculated when there are missing
minutes within the clock period hour,
under 40 CFR part 63, subpart EEE?
A5: Yes. EPA approves the alternative
calculation method, which is specified
in the current RCRA permit, under
MACT subpart EEE. The proposed
calculation method will provide
equivalent performance to the method
specified in the hazardous waste
combustors (HWC) MACT rule since it
is the same as the method used to
establish OPLs. As required by the HWC
MACT, the continuous monitoring
system (CMS) must have 95 percent data
availability to continue feeding
hazardous waste. An Automatic Waste
Feed Cut-off will take place should less
than 95 percent data availability occur,
or should the CMS fail to operate.
Abstract for [M070027]
Q1: Does EPA approve monitoring of
combustion air and vent gas flow rates
in lieu of stack gas flow rate as a
measure of residence time, under 40
CFR part 63, subpart EEE, at the BASF
facility located in Geismar, Louisiana?
A1: No. EPA finds that the
information provided is insufficient to
make any determination. The facility
must provide mass balance and
calculation of residence time for the
three units as well as provide a variety
of Piping and Instrument Diagrams.
Q2: Does EPA waive a requirement to
monitor pH of the scrubber liquid as an
operating parameter limit, under 40 CFR
part 63, subpart EEE, at the BASF
facility located in Geismar, Louisiana?
A2: No. EPA finds that the
information provided is insufficient to
make any determination. The facility
must provide analysis of all feed
streams including the process vents, and
show the Maximum Theoretical
Emission Concentration (MTEC)
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approach for chlorine/chloride (MTEC)
calculations.
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Abstract for [M070028]
Q1: Does EPA approve a request to
waive the requirement under 40 CFR
part 63 subpart 1209(l)(2) and
1209(o)(3)(iii) to monitor liquid feed
pressure for the low energy wet scrubber
on the Toluene Diisocyanate (TDI) Unit
at the Lyondell Chemical Company in
Lake Charles, Louisiana?
A1: No. EPA does not approve the
waiver request. If the combustor is
equipped with a low energy wet
scrubber, Lyondell must establish a
limit on minimum liquid feed pressure
to the wet scrubber based on
manufacturer’s specifications and
comply with the limit on an hourly
rolling average.
Q2: Does EPA approve the facility’s
proposal to use hourly rolling average in
lieu of 12-hour rolling average for ash,
chloride, and metals, as required by 40
CFR part 63, subpart 1209(c)(4) Analysis
of Feedstreams?
A2: Yes. EPA approves the request
because Lyondell treats only a limited
number of on-site generated waste
streams in the TDI Process Incinerator.
The waste streams generated from the
on-site processes are of a relatively
consistent composition.
Q3: Does EPA approve use of fail-safe
system with a local pressure indicator
gauge (non-CMS) to ensure proper
atomizing air pressure and institute
waste feed cutoff when pressure falls
below 30 psig, in accordance with 40
CFR part 63, subpart 1209(j)(4),
destruction and removal efficiency
(DRE)?
A3: Yes. EPA approves the request
because although this fail-safe system is
not part of the continuous monitoring
system or the Automatic Waste Feed
Cut-off system, it provides equivalent
compliance.
Q4: Does EPA approve pump speed/
pump curves (extrapolation) as a backup
feed rate measurement methodology to
the mass flow rate to meet the
requirements of 40 CFR part 63, subpart
1209(j)(3) and 1209(k)(4), destruction
and removal efficiency DRE?
A4: Yes. EPA approves the request
because with either method, the TDI
residue feed rate data is displayed in the
control room and recorded by the
production unit’s data historian.
Abstract for [M070029]
Q1: Does EPA approve monitoring of
total freshwater makeup rate in lieu of
blowdown rate and tank level to control
and monitor solids content of the
scrubber liquid, under 40 CFR part 63,
subpart EEE, concerning the Thermal
VerDate Aug<31>2005
15:53 Jul 30, 2008
Jkt 214001
Treatment Unit (TTU) at the Dow plant
located in Plaquemine, Louisiana?
A1: Yes. EPA conditionally approves
the alternative monitoring request under
MACT subpart EEE, subject to
conditions about freshwater make-up
rate, minimum liquid levels, and
scrubber characteristics and
performance, as specified in the EPA
response letter.
Q2: Does EPA approve the request to
waive the requirement to monitor the
liquid feed pressure for the scrubbers,
under 40 CFR part 63, subpart EEE,
concerning the TTU at the Dow plant
located in Plaquemine, Louisiana?
A2: Yes. EPA conditionally approves
the waiver request to not monitor the
liquid feed pressure for the scrubbers at
TTU, under MACT subpart EEE since
the liquid feed pressure limit is not a
critical parameter for the performance of
the ‘low energy’ scrubbers for the TTU.
However, EPA requires further
evaluation of mercury data and scrubber
performance to make a final
determination about the waiver request
and to determine the need for a
freshwater distributor in the caustic
scrubber.
Q3: Does EPA grant a waiver to the
TTU at the Dow plant located in
Plaquemine, Louisiana, to measure the
flue gas as a measure of residence time
during Comprehensive Performance
Testing, under 40 CFR part 63, subpart
EEE?
A3: No. EPA finds that the
information provided is insufficient to
make a determination.
Q4: Does EPA find that the TTU at the
Dow plant located in Plaquemine,
Louisiana, can continue to burn waste
while date historian system (IP.21) is
down, under 40 CFR part 63, subpart
EEE? IP.21 is used to calculate the
Hourly Rolling Average (HRA) and 12Hour Rolling Average.
A4: Yes. EPA conditionally approves
the request under MACT subpart EEE,
which would require that the facility
manually calculates HRA, submits this
information to EPA, and complies with
all applicable monitoring and reporting
requirements, specified in the EPA
response letter.
Abstract for [M070030]
Q1: Does EPA approve monitoring of
total freshwater makeup rate in lieu of
blowdown rate along with tank level to
control and monitor solids content of
the scrubber liquid, under 40 CFR part
63, subpart EEE, for the Rotary Kiln
Incinerator (RKI) at the Dow plant
located in Plaquemine, Louisiana?
A1: Yes. EPA conditionally approves
the request under MACT subpart EEE,
as described in the EPA response letter.
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Sfmt 4703
EPA finds that measurement of
freshwater make-up, maintaining
minimum sump level, and maintaining
liquid to gas ratio in the scrubbers will
ensure proper operation of the scrubber
system. It will also ensure a maximum
limit for the solids in the scrubber
liquid.
Q2: Does EPA waive the requirement
to monitor the liquid pressure drop
across the scrubber, under 40 CFR part
63, subpart EEE, for the RKI at the Dow
plant located in Plaquemine, Louisiana?
A2: No. EPA finds that the provided
information is insufficient to make a
determination.
Q3: Does EPA approve a waiver to
monitor the liquid feed pressure for the
scrubbers, under 40 CFR part 63,
subpart EEE, for the RKI at the Dow
plant located in Plaquemine, Louisiana?
A3: Yes. EPA conditionally approves
the request under MACT subpart EEE,
as specified in the EPA response letter.
An effective performance of a wet
scrubber requires proper distribution,
and mixing of both liquid and gas in the
scrubber. The packed-bed scrubbers in
the RKI system are cross-current flow.
The scrubber liquid is fed via pumps,
through strainers, and into a header
system that uses spray nozzles to
distribute the liquid across packing. The
liquid flow is currently measured and
monitored using flow meters and
transmitters. A loss of liquid flow and/
or interference with the spray nozzle
distribution can be detected by a change
in flow to the header.
Q4: Does EPA approve instituting an
Automatic Waste Feed Cut-off (AWFCO)
after pressure remaining positive for 30
seconds as an indicative of combustion
system leak, under 40 CFR part 63,
subpart EEE, for the RKI at the Dow
plant located in Plaquemine, Louisiana?
A4: No. EPA does not approve a time
delay of 30 seconds for instituting
AWFCO. The information provided for
justification is insufficient.
Q5: Does EPA approve that the Dow
facility located in Plaquemine,
Louisiana, burns waste while the date
historian system (IP.21) is down, under
40 CFR part 63, subpart EEE? IP.21 is
used to calculate the Hourly Rolling
Average (HRA) and 12–Hour rolling
average.
A5: EPA approves this request under
MACT subpart EEE, provided that the
facility manually calculates HRA,
submits this information to EPA, and
complies with all applicable monitoring
and reporting requirements as
mentioned in the EPA response letter.
Abstract for [M080004]
Q: Is Spartech’s process in Stamford,
Connecticut, which manufactures poly
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methyl methacrylate (PMMA) acrylic
sheet subject to 40 CFR part 63, subpart
FFFF?
A: Yes. EPA determines Spartech’s
operations produce a material (PMMA)
classified using the United States
Standard Industrial Classification (SIC)
code 282 or North American Industry
Classification System (NAICS) code 325,
and its operations meet all the other
criteria for applicability under 40 CFR
63.2435.
jlentini on PROD1PC65 with NOTICES
Abstract for [Z070002]
Q1: Is Anadarko’s double-chamber
cyclonator forced-air solid waste
incinerator with a capacity of 2.4 tons
per day, constructed after November
1999, that has been seasonally located
and intermittently operated at remote
oil and gas exploration sites on the
North Slope of Alaska since January
2003, subject to 40 CFR part 60, subpart
CCCC?
A1: Yes, EPA concludes that a waste
incinerator with a capacity of 2.4 tons
per day, constructed after November
1999, that has been seasonally located
and intermittently operated at remote
oil and gas exploration sites on the
North Slope of Alaska is subject to
NSPS subpart CCCC. EPA considers this
incinerator to be located at an industrial
facility, and regardless of the fact that
the incinerator may be moved from one
location to the next, it will be a distinct
operating unit of an industrial facility.
Q2: Is 40 CFR part 61, subpart E,
applicable to an incineration unit that
incinerates untreated sanitary waste
(solids) collected from Pacto toilets?
A2: No. EPA considers the Mercury
NESHAP to apply to ‘‘those stationary
sources which * * * incinerate or dry
wastewater treatment plant sludge.’’
Under 40 CFR 61.51, sludge is defined
as ‘‘sludge produced by a treatment
plant that processes municipal or
industrial waste waters.’’ The practice of
incinerating sanitary waste composed of
untreated solids from Pacto toilets does
not meet the description of incinerating
sludge under the Mercury NESHAP.
Thus, the Mercury NESHAP would not
apply.
Abstract for [Z080001]
Q: Does EPA consider the gas
processing system which includes
reciprocating internal combustion (IC)
engines at the Austin Community
Landfill in Austin, Texas, to be
treatment under 40 CFR part 60, subpart
WWW, pursuant to 40 CFR
60.752(b)(2)(iii)(C)?
A: Yes. EPA considers the specified
compression, filtration, and moisture
removal from the landfill gas for use in
an energy recovery device to be
VerDate Aug<31>2005
15:53 Jul 30, 2008
Jkt 214001
treatment under NSPS subpart WWW,
pursuant to 40 CFR 60.752(b)(2)(iii)(C).
Because the engines will be exempt
from monitoring, they do not have to be
included in the Startup, Shutdown, and
Malfunction (SSM) Plan required by 40
CFR part 63, subpart AAAA. However,
the treatment system supplying gas to
the IC engines will have to be included
in the SSM Plan.
Abstract for [Z080002]
Q: Does EPA consider the gas
processing system which includes two
turbines at the DFW Recycling and
Disposal Facility in Lewisville, Texas, to
be treatment under 40 CFR part 60,
subpart WWW, pursuant to 40 CFR
60.752(b)(2)(iii)(C)?
A: Yes. EPA considers the specified
compression, filtration, and moisture
removal from the landfill gas for use in
an energy recovery device to be
treatment under NSPS subpart WWW,
pursuant to 40 CFR 60.752(b)(2)(iii)(C).
Because the turbines will be exempt
from monitoring, they do not have to be
included in the Startup, Shutdown, and
Malfunction (SSM) Plan required by 40
CFR part 63, subpart AAAA. However,
the treatment system supplying gas to
the turbines will have to be included in
the SSM Plan.
Lisa C. Lund,
Director, Office of Compliance.
[FR Doc. E8–17489 Filed 7–30–08; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
Notice of Public Information
Collection(s) Being Reviewed by the
Federal Communications Commission
for Extension Under Delegated
Authority, Comments Requested
July 25, 2008.
SUMMARY: The Federal Communications
Commission, as part of its continuing
effort to reduce paperwork burdens,
invites the general public and other
Federal agencies to take this
opportunity to comment on the
following information collection(s), as
required by the Paperwork Reduction
Act of 1995 (PRA), Public Law No. 104–
13. An agency may not conduct or
sponsor a collection of information
unless it displays a currently valid
control number. Subject to the PRA, no
person shall be subject to any penalty
for failing to comply with a collection
of information that does not display a
valid control number. Comments are
requested concerning (a) Whether the
proposed collection of information is
PO 00000
Frm 00042
Fmt 4703
Sfmt 4703
44743
necessary for the proper performance of
the functions of the Commission,
including whether the information shall
have practical utility; (b) the accuracy of
the Commission’s burden estimate; (c)
ways to enhance the quality, utility, and
clarity of the information collected; and
(d) ways to minimize the burden of the
collection of information on the
respondents, including the use of
automated collection techniques or
other forms of information technology.
DATES: Written PRA comments should
be submitted on or before September 29,
2008. If you anticipate that you will be
submitting comments but find it
difficult to do so within the period of
time allowed by this notice, you should
advise the contact listed below as soon
as possible.
ADDRESSES: Interested parties may
submit all PRA comments by e-mail or
U.S. post mail. To submit your
comments by e-mail, send them to
PRA@fcc.gov and/or to
Cathy.Williams@fcc.gov. To submit your
comments by U.S. mail, mark them to
the attention of Cathy Williams, Federal
Communications Commission, Room 1–
C823, 445 12th Street, SW., Washington,
DC 20554.
FOR FURTHER INFORMATION CONTACT: For
additional information about the
information collection(s), contact Cathy
Williams at (202) 418–2918 or send an
e-mail to PRA@fcc.gov and/or
Cathy.Williams@fcc.gov.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060–0010.
Title: Ownership Report for
Commercial Broadcast Station.
Form Number: FCC Form 323.
Type of Review: Extension of a
currently approved collection.
Respondents: Business or other forprofit entities.
Number of Respondents and
Responses: 2,000 respondents; 2,000
responses.
Estimated Time per Response: 0.5–1.5
hours.
Frequency of Response: On occasion
reporting requirement; Biennial
reporting requirement; On renewal
requirement.
Obligation to Respond: Required to
obtain or retain benefits. Statutory
authority for this collection of
information is contained in 154(i), 303,
310 and 533 of the Communications Act
of 1934, as amended.
Total Annual Burden: 2,750.
Total Annual Cost: $2,166,800.
Privacy Act Impact Assessment: No
impact(s).
Nature and Extent of Confidentiality:
There is no need for confidentiality.
Needs and Uses: Each permittee of a
commercial AM, FM, TV and
E:\FR\FM\31JYN1.SGM
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Agencies
[Federal Register Volume 73, Number 148 (Thursday, July 31, 2008)]
[Notices]
[Pages 44726-44743]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-17489]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-8699-2]
Recent Posting to the Applicability Determination Index (ADI)
Database System of Agency Applicability Determinations, Alternative
Monitoring Decisions, and Regulatory Interpretations Pertaining To
Standards of Performance for New Stationary Sources, National Emission
Standards for Hazardous Air Pollutants, and the Stratospheric Ozone
Protection Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of availability.
-----------------------------------------------------------------------
SUMMARY: This notice announces applicability determinations,
alternative monitoring decisions, and regulatory interpretations that
EPA has made under the New Source Performance Standards (NSPS); the
National Emission Standards for Hazardous Air Pollutants (NESHAP); and
the Stratospheric Ozone Protection Program.
FOR FURTHER INFORMATION CONTACT: An electronic copy of each complete
document posted on the Applicability Determination Index (ADI) database
system is available on the Internet through the Office of Enforcement
and Compliance Assurance (OECA) Web site at: https://www.epa.gov/
compliance/monitoring/programs/caa/adi.html. The letters and memoranda
may be searched on the ADI by date, office of issuance, subpart,
citation, control number or by string word searches. For questions
about the ADI or this notice, contact Maria Malave at EPA by phone at:
(202) 564-7027, or by e-mail at: malave.maria@epa.gov. For technical
questions about the individual applicability determinations or
monitoring decisions, refer to the contact person identified in the
individual documents, or in the absence of a contact person, refer to
the author of the document.
SUPPLEMENTARY INFORMATION:
Background:
The General Provisions to the NSPS in 40 Code of Federal
Regulations (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 commonly referred to as applicability determinations. See
40 CFR 60.5 and 61.06. Although the part 63 NESHAP and section 111(d)
of the Clean Air Act regulations contain no specific regulatory
provision that sources may request applicability determinations, EPA
does respond to written inquiries regarding applicability for the part
63 and section 111(d) programs. The NSPS and NESHAP also allow sources
to seek permission to use monitoring or recordkeeping that are
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 commonly referred to as alternative monitoring
decisions. Furthermore, EPA responds to written inquiries about the
broad range of NSPS and NESHAP regulatory requirements as they pertain
to a whole source category. These inquiries may pertain, for example,
to the type of sources to which the regulation applies, or to the
testing, monitoring, recordkeeping or reporting requirements contained
in the regulation. EPA's written responses to these inquiries are
commonly referred to as regulatory interpretations.
EPA currently compiles EPA-issued NSPS and NESHAP applicability
determinations, alternative monitoring decisions, and regulatory
interpretations, and posts them on the ADI on a quarterly basis. In
addition, the ADI contains EPA-issued responses to requests pursuant to
the stratospheric ozone regulations, contained in 40 CFR part 82. The
ADI is an electronic index on the Internet with over one thousand EPA
letters and memoranda pertaining to the applicability, monitoring,
recordkeeping, and reporting requirements of the NSPS and NESHAP.
Today's notice comprises a summary of 84 such documents added to the
ADI on July 11, 2008. The subject, author, recipient, date and header
of each letter and memorandum are listed in this notice, as well as a
brief abstract of the letter or memorandum. Complete copies of these
documents may be obtained from the ADI through the OECA Web site at:
www.epa.gov/compliance/monitoring/programs/caa/adi.html.
Summary of Headers and Abstracts
The following table identifies the database control number for each
document posted on the ADI database system on July 11, 2008; the
applicable category; the subpart(s) of 40 CFR part 60, 61, or 63 (as
applicable) covered by the document; and the title of the document,
which provides a brief description of the subject matter.
We have also included an abstract of each document identified with
its control number after the table. These abstracts are provided solely
to alert the public to possible items of interest and are not intended
as substitutes for the full text of the documents. This notice does not
change the status of any document with respect to whether it is ``of
nationwide scope or effect'' for purposes of section 307(b)(1) of the
Clean Air Act. Neither does it purport to make any document that was
previously non-binding into a binding document.
ADI Determinations Uploaded on July 11, 2008
----------------------------------------------------------------------------------------------------------------
Control No. Category Subparts Title
----------------------------------------------------------------------------------------------------------------
700029 NSPS Db, Dc Boiler Derating.
700030 NSPS Db Initial Startup for Boiler.
700031 NSPS Dc Applicability to Snowmelters.
700032 NSPS CCCC Municipal Waste Combustion
Exemption.
700033 NSPS CCCC Incineration of Untreated
Toilet Wastes.
700034 NSPS D Final Boiler Derating.
700035 NSPS CCCC Municipal Waste Combustion
Unit Exemption.
700036 NSPS Db Boiler Derating.
700037 NSPS GG Alternative Fuel Monitoring.
700038 NSPS Dc Reporting Reduction.
700039 NSPS Dc Reduction in Fuel Use
Recordkeeping.
700040 NSPS Dc Boiler Refiring.
700041 NSPS Dc Alternative Fuel Monitoring.
[[Page 44727]]
700042 NSPS A, D Boiler Derating.
700043 NSPS Dc Alternative Fuel Monitoring.
700044 NSPS O Multiple Hearth Sludge
Furnace.
700045 NSPS A Waiver of 30-Day Notification
of Performance Evaluation.
700046 NSPS CCCC Municipal Waste Combustion
Unit Exemption.
700047 NSPS Dc Reduction in Fuel Emissions
Reporting.
700048 NSPS Dc Alternative Fuel Monitoring.
700049 NSPS GG Alternative Fuel Monitoring.
700050 NSPS D Boiler Derating.
700051 NSPS Ec Waste Weight Surrogate.
700052 NSPS DD Standards of Performance for
Grain Elevators.
700053 NSPS Ec Incineration of
Pharmaceutical Wastes.
700054 NSPS J Wet Gas Scrubber Opacity
Alternative Monitoring.
700055 NSPS A, GG Alternate Performance Test
Method.
700056 NSPS III, JJJ Work Camp Incinerator.
700057 NSPS Y Coal Transloader
Applicability.
700058 NSPS FFF Rotogravure Coating Line
Applicability.
700059 NSPS A, Dc Alternative Monitoring Plan
for Boilers.
700060 NSPS Ce, Ec Request for Regulatory
Deviation.
700061 NSPS A, Db Alternative Opacity
Monitoring Procedure.
700062 NSPS A, Db Amendment to Alternative
Opacity Monitoring
Procedure.
700064 NSPS H Monitoring Frequency
Reduction.
700065 NSPS Db Boiler Derating.
700066 NSPS PPP Alternative Excess Emissions
Criteria.
700067 NSPS QQQ Emission Offset Calculations.
700068 NSPS XX Test Method for Loading Rail
Cars at Gasoline Load.
700069 NSPS XX Classification of Vapor
Combustor.
700070 NSPS J Alternative Monitoring Plan
for Gasoline Loading Racks.
700071 NSPS UUU Synthetic Alumina from
Calcining Oven.
700073 NSPS WWW Definition of Treatment for
Landfill Gas Processing.
700074 NSPS WWW Definition of Treatment for
Landfill Gas Processing.
700075 NSPS CCCC Request for Applicability
Determination--Thermal
Desorber.
700076 NSPS A, TTT Adjustment of Deadline for
Compliance Statements.
700077 NSPS IIII Petition to Use Non-Compliant
Fuel.
700078 NSPS Ce Request for Regulatory
Deviation/Alternative
Determination for Control of
Dioxins/Furans (CDD/CDF).
700079 NSPS Ce Request for Regulatory
Deviation/Alternative
Determination for Control of
Dioxins/Furans (CDD/CDF).
700080 NSPS Db Alternate Opacity Monitoring
During Construction.
800001 NSPS Dc Alternative Fuel Usage
Recordkeeping Proposal.
800002 NSPS OOO Test Waiver Proposal.
800003 NSPS J Alternative H2S Monitoring
Frequency.
800004 NSPS J Alternative Monitoring
Proposals.
800005 NSPS WWW Definition of Treatment.
800006 NSPS H Appendix F (CEM QA)
Applicability.
800007 NSPS UUU Method 9 Test Waiver.
800008 NSPS OOO Test Waiver Request.
800009 NSPS J Alternative H2S Monitoring
Proposal.
800010 NSPS WWW Operational and Monitoring
Alternatives.
800011 NSPS Cb Alternative Monitoring
Location.
800012 NSPS WWW Applicability of Well
Monitoring Requirements.
800013 NSPS Db Proposal to Shorten Test
Duration.
800014 NSPS GG Alternative Quality Assurance
Procedures.
800015 NSPS Db Predictive Emission
Monitoring System.
800016 NSPS Db Applicability to Wood Burner/
Thermal Oil Heater/Rotary
Dryer System.
M070016 MACT EEE Hydrogen Chloride Continuous
Emissions Monitor (CEM).
M070017 MACT UUU Wet Gas Scrubber Opacity
Alternative Monitoring.
M070018 MACT EEE Monitoring of Scrubber System
Solid Content.
M070019 MACT EEE Alternative Measure to
Control Combustion Gas
Leaks.
M070020 MACT G Alternative Monitoring Plan.
M070021 MACT EEE Monitoring Procedure System
and Time Delay for AWFCO.
M070022 MACT R Test Method for Loading Rail
Cars at Gasoline Loading
Facility.
M070023 MACT ZZZZ Request for Alternative
Monitoring and Testing.
M070024 MACT EEE Responses to Comprehensive
Performance Test Plan
Addendum and Alternative
Monitoring Application.
M070025 MACT EEE Response to Alternative
Monitoring Application
Requests.
M070026 MACT EEE Response to Alternative
Monitoring Application
Requests.
M070027 MACT EEE Response to Alternative
Monitoring Application
Requests.
M070028 MACT EEE Response to Alternative
Monitoring Application
Requests.
M070029 MACT EEE Response to Alternative
Monitoring Application
Requests.
M070030 MACT EEE Response to Alternative
Monitoring Application
Requests.
M080004 MACT FFFF Standards for Hazardous Air
Pollutants for Miscellaneous
Organic Chemical
Manufacturing.
[[Page 44728]]
Z070002 NESHAP E Incineration of Untreated
Toilet Wastes.
Z080001 NESHAP WWW Definition of Treatment for
Landfill Gas Processing.
Z080002 NESHAP WWW Definition of Treatment for
Landfill Gas Processing.
----------------------------------------------------------------------------------------------------------------
Abstract for [0700029]
Q: Is Blaine Larsen Farms' (BLF) boiler, located at the Dehydration
Division potato processing plant in Dubois, Idaho, derated and
therefore subject to the requirements of 40 CFR part 60, subpart Dc,
rather than 40 CFR part 60, subpart Db?
A: Yes. EPA determines that BLF's boiler has been derated and is
now subject to NSPS subpart Dc, because the burner has been replaced
with one that will limit the boiler capacity to less than 100 mmBtu/hr,
as verified by testing, and it meets the four derate criteria, as
specified in the EPA response letter.
Abstract for [0700030]
Q: Has initial startup occurred for a boiler at the Warm Springs
Forest Products Industries' facility in Warm Springs, Oregon, under 40
CFR part 60, subpart Db? The facility has conducted boil-out and
curing.
A: No. Because the ``Instruction Manual for Clarification of
Startup in Source Categories Affected by New Source Performance
Standards'' (EPA-68-01-4143) states that startup is defined as the
first time steam is produced by the boiler and used to provide heat or
hot water to run process equipment or to produce electricity, EPA finds
that the boil-out and curing of the refractory is therefore a pre-
startup activity.
Abstract for [0700031]
Q: Is a snowmelter with a rated capacity between 10 and 100 MMBtu/
hr that is operated by the Ted Stevens Anchorage International Airport
subject to 40 CFR part 60, subpart Dc?
A: No. EPA determines that NSPS subpart Dc does not apply to
snowmelters. Although a snowmelter is a device that combusts fuel and
melts ice resulting in the heating of water, the heated water is not
being used for transferring heat from one point to another for any
useful purpose such as heating a building or creating steam to drive a
process. Therefore, the heated water would not qualify as a heat
transfer medium.
Abstract for [0700032]
Q: Is the Pioneer Natural Resources Alaska, Incorporated (PNRA)
incineration unit located at its Oooguruk Development Project Offshore
Drill Site camp on the North Slope, Alaska, exempted from the
requirements of the NSPS for Commercial and Industrial Solid Waste
Incineration Units at 40 CFR part 60, subpart CCCC?
A: Yes. Based on the information submitted in the notification
required to claim the exemption under 40 CFR Sec. 60.2020(c)(2), EPA
finds that this incinerator would meet the exemption criteria in 40 CFR
60.2020(c)(2), and is therefore required to meet the applicable
recordkeeping requirements established by this provision. The
incinerator would meet the criteria of burning greater than 30 percent
municipal solid waste or refuse-derived fuel (as defined in NSPS
subparts Ea, Eb, AAAA, and BBBB) in its fuel feed stream. This
incinerator will primarily burn waste generated by a housing camp
associated with the PNRA facility, along with some industrial packing
and other non-hazardous waste materials from drilling support
activities on site.
Abstract for [0700033]
Q1: Is Anadarko's double-chamber cyclonator forced-air solid waste
incinerator with a capacity of 2.4 tons per day, constructed after
November 1999, that has been seasonally located and intermittently
operated at remote oil and gas exploration sites on the North Slope of
Alaska since January 2003, subject to 40 CFR part 60, subpart CCCC?
A1: Yes, EPA concludes that a waste incinerator with a capacity of
2.4 tons per day, constructed after November 1999, that has been
seasonally located and intermittently operated at remote oil and gas
exploration sites, is subject to NSPS subpart CCCC. EPA considers this
incinerator to be located at an industrial facility, and even though
the incinerator may be moved from one location to the next, it will be
a distinct operating unit of an industrial facility.
Q2: Is 40 CFR part 61, subpart E, the Mercury NESHAP, applicable to
an incineration unit that incinerates untreated sanitary waste (solids)
collected from Pacto toilets at Anadarko's remote oil and gas
exploration sites on the North Slope of Alaska?
A2: No. The practice of incinerating sanitary waste composed of
untreated solids from Pacto toilets does not meet the description of
incinerating sludge under the Mercury NESHAP. 40 CFR 61.50 states that
the rule applies to ``those stationary sources which * * * incinerate
or dry wastewater treatment plant sludge.'' Under 40 CFR 61.51, sludge
is defined as ``sludge produced by a treatment plant that processes
municipal or industrial waste waters.'' Thus, the Mercury NESHAP would
not apply.
Abstract for [0700034]
Q1: Does EPA approve the proposal of Roseburg Forest Products (RFP)
of Roseburg, Oregon, to derate two boilers, regulated under 40 CFR part
60, subpart D, by eliminating the capacity of both boilers to burn oil
and replacing the burners with burners that are limited to burning less
than 250 MMBtu/hr of natural gas, provided that the natural gas
pressure delivered to the boilers is monitored?
A1: Yes. EPA believes that the changes made by RFP meet the derate
criteria because installation of a new burner is a permanent change to
the boiler, which requires a system shutdown, cannot be easily undone,
and is not just a change to the fuel feed system. Based on the
performance test data submitted, EPA has concluded that the capacity of
the boilers does not exceed the 250 MMBtu/hr applicability threshold,
provided the pressures are maintained below 9.16 psig for Boiler No. 2
and 7.33 psig for Boiler No. 6 (calculated using a three-hour average).
Therefore, Boilers No. 2 and No. 6 are no longer subject to NSPS
subpart D, if the limits on gas pressure are monitored and maintained
below the threshold values per the Title V permit.
Abstract for [0700035]
Q: Is FEX L.P.'s incineration unit located at FEX L.P.'s Artic Wolf
Camp for housing associated with its Northwest National Petroleum
Reserve Exploration Drilling Project on the North Slope, Alaska,
exempted from the requirements of the NSPS for Commercial and
Industrial Solid Waste Incineration Units, under 40 CFR part 60,
subpart CCCC?
A: Yes. Based on the information submitted in the notification
required to claim the exemption under 40 CFR
[[Page 44729]]
Sec. 60.2020(c)(2), EPA finds that this incinerator would meet the
exemption criteria in 40 CFR 60.2020(c)(2), and is therefore required
to meet the recordkeeping requirements established in this provision.
The incinerator would meet the exemption criteria of burning greater
than 30 percent municipal solid waste or refuse-derived fuel (as
defined in NSPS subparts Ea, Eb, AAAA, and BBBB) in its fuel feed
stream. This incinerator will burn primarily residential-type waste
generated by a housing camp and cafeteria facilities that are
associated with the FEX facility, along with industrial packing and
other non-hazardous waste materials from drilling support activities on
site.
Abstract for [0700036]
Q1: May Blaine Larsen Farms (BLF) derate its 40 CFR part 60,
subpart Db boiler at the Dehydration Division potato processing plant
in Dubois, Idaho, by restricting the fuel-metering valves? This would
be accomplished with an adjustment to the valve, and the adjustment
screws would either be locked into place with a locking device that
requires a special tool to undo or be sealed with epoxy.
A1: No. EPA determines that this approach would not be valid to
derate a boiler under NSPS subpart Db for several reasons. Neither
proposed method for locking the screws would be considered permanent. A
derate must reduce the capacity of the boiler without the installation
of a feed rate governor. Changes that are made only to fuel feed
systems are not acceptable for a derate.
Q2: May Blaine Larsen Farms derate its 40 CFR part 60, subpart Db
boiler by replacing the burner?
A2: Yes. EPA finds that the replacement of the burner is an
acceptable method to derate a burner under NSPS subpart Db since it
meets the deration criteria, including: (1) It is a change that cannot
be easily undone, (2) requires a system shutdown to accomplish or
reverse, and (3) it is not just a change to the fuel feed system.
Q3: May the American Society of Mechanical Engineers Performance
Test, Code 4-1998, be used as the verification test method to
demonstrate a derate has been accomplished under 40 CFR part 60,
subpart Db?
A3: Yes. EPA finds that this method has been used before to
successfully demonstrate that a derate has been accomplished under NSPS
subpart Db.
Q4: Is Blaine Larsen Farms test protocol verification method
acceptable to demonstrate that a derate has been accomplished under 40
CFR part 60, subpart Db?
A4: Yes. EPA determines that the results of the protocol
verification method would be acceptable under NSPS subpart Db if BLF
continuously monitors fuel feed rates and maintains information
regarding the fuel heat content in order to ensure that the unit does
not exceed 100 mmBtu/hr of heat input.
Abstract for [0700037]
Q1: Does EPA approve the use of a certified nitrogen oxide
continuous emission monitoring system (NOX CEMS) to document
compliance with 40 CFR part 60, subpart GG NOX limit in lieu
of a performance test for compliance analysis after the new fuel is
introduced for stationary gas turbines operated by Klamath Energy, LLC
of Portland, Oregon?
A1: Yes. EPA conditionally approves the use of a certified
NOX CEMS because it finds that as long as the provisions of
40 CFR Sec. 60.334(b) are followed, CEMS are enough to satisfy
compliance with the emission limit for NOX. 40 CFR Sec.
60.334(g) states that a performance test is required only when
equipment parameters need to be established.
Q2: Does EPA waive fuel nitrogen content monitoring of 40 CFR part
60, subpart GG, if part 75 NOX CEMS are used for the Klamath
Energy plant?
A2: EPA finds that whether or not the turbine is also subject to
part 75, the fuel nitrogen content monitoring is waived only if the
NOX emission allowance in the equations used to determine
the NSPS subpart GG NOX emission standards in 40 CFR Sec.
60.332 is not claimed.
Q3: Does EPA waive the 40 CFR part 60, subpart GG requirement for
water-to-fuel injection ratio monitoring because of the use of the part
75 certified CEMS for the Klamath Energy plant?
A3: Yes. EPA finds that under 40 CFR Sec. 60.334(b) the owner or
operator may, as an alternative to water-to-fuel injection monitoring,
install, certify, maintain, operate, and quality assure a CEMS if the
provisions of 40 CFR Sec. 60.334(b) are followed.
Q4: Does EPA approve the use of vendor analyses under 40 CFR part
60, subpart GG, for monitoring sulfur content of the fuel oil burned
for the Klamath Energy plant?
A4: Yes. EPA conditionally approves the use of vendor analyses
since it finds that under 40 CFR 60.334(i)(1), the fuel oil sampling
for total sulfur content can be done at each delivery. Oil sampling may
be performed by a fuel supplier, provided that the sampling is
performed according to either the single tank composite sampling
procedure or the all-levels sampling procedure in ASTM D4057-88.
Abstract for [0700038]
Q: Does EPA approve the request from the St. Luke's Meridian
Medical Center (SLMMC) facility in Meridian, Idaho, for a reduction in
the submittal frequency of the fuel emission reports from semiannually
to annually, for two boilers (Boilers No. 1 and No. 2) at the facility
under 40 CFR part 60, subpart Dc?
A: Yes. EPA conditionally approves a reduction in the submittal
frequency of the fuel emission reports from semiannually to annually on
the basis that SLMMC receives only one shipment of distillate oil per
year. SLMMC shall submit all fuel supplier certifications as described
in 40 CFR 60.48(f)(1), postmarked by the last day of January of each
year. If any additional shipments of fuel are received during the year,
the fuel supplier certification will be submitted to the Idaho
Department of Environmental Quality within 30 days. Each annual report
shall include a certified statement signed by the owner or operator of
SLMMC's facility that the fuel supplier certifications attached to the
report represent all of the distillate oil received by SLMMC for the
purposes of fueling the above-referenced boilers during the reporting
period.
Abstract for [0700039]
Q1: Does EPA approve a request from Gossner Foods (Gossner) for a
reduction in the fuel usage recordkeeping requirement in 40 CFR 60.48c
from daily to monthly for Gossner's two boilers in Heyburn, Idaho,
which fire natural gas as the primary fuel and propane as a backup
fuel?
A1: Yes. EPA approves this request based on a memorandum dated
February 20, 1992, from the EPA Office of Air Quality Planning and
Standards, which states that there is little value in requiring daily
recordkeeping of the amounts of fuel combusted for an affected unit
that fires only natural gas under NSPS subpart Dc. This is because
subpart Dc does not have any emission limitations for units that fire
only natural gas. Therefore, the purpose of this recordkeeping is to
verify that only natural gas is fired. Propane is considered to be a
type of natural gas.
Q2. Does EPA approve a request from Gossner to use one gas meter to
record monthly natural gas and/or propane usage for Gossner's two
boilers?
A2: Yes. EPA approves this request. EPA finds that the Gossner
proposal to divide each boiler design heat input capacity by the total
of the design heat
[[Page 44730]]
input capacities of each boiler, and use this to prorate the natural
gas and/or propane usage of each boiler on a monthly basis, when more
than one boiler is firing natural gas and/or propane simultaneously,
will adequately determine the natural gas and/or propane usage by each
boiler.
Abstract for [0700040]
Q: Does EPA approve an alternative plan for monitoring opacity at
the Basic American Foods (BAF) facility in Blackfoot, Idaho, in lieu of
a Continuous Opacity Monitoring System (COMS), under 40 CFR part 60,
subpart Dc, where the COMS will not provide accurate measurements due
to water vapor from a proposed wet scrubber?
A: Yes. According to the provisions of 40 CFR 60.13(h)(i)(1), a
written application for alternative opacity monitoring requirements can
be submitted when ``installation of a continuous emission monitoring
system or monitoring device specified by this part would not provide
accurate measurement due to liquid water or other interferences caused
by substances with the effluent gasses.'' EPA has previously approved
similar requests, which are posted on EPA's applicability determination
index. (See EPA Determination Control Numbers 0000010 and 0300073.) In
previous requests, EPA has determined that the continuous monitoring of
the scrubbing liquid flow rate and the pressure drop of the gas stream
across the scrubber is acceptable as an alternative monitoring to the
COMS. EPA approves the alternative monitoring plan that the Idaho
Department of Environmental Quality has recommended and BAF has agreed
to.
Abstract for [0700041]
Q1: Does EPA approve monthly instead of daily monitoring of
exclusive use of low-sulfur distillate oil in a 40 CFR part 60, subpart
Dc affected boiler operated by Hampton Lumber Mill at a facility in
Darrington, Washington?
A1: Yes. EPA approves monthly instead of daily monitoring of
exclusive use of low-sulfur distillate oil in an NSPS subpart Dc
affected boiler.
Q2: For this same facility, does EPA approve the use of fuel
receipts from a low-sulfur distillate oil supplier as a monthly
monitoring method under 40 CFR part 60, subpart Dc?
A2: Yes. EPA approves the use of fuel receipts from a low-sulfur
distillate oil supplier as a monthly monitoring method under NSPS
subpart Dc.
Q3: Does EPA find that the amount of low-sulfur distillate oil used
at that facility can be divided evenly between two similar boilers
under 40 CFR part 60, subpart Dc?
A3: Yes. EPA finds that the amount of low-sulfur distillate oil
used at a facility can be divided evenly between two similar boilers
under NSPS subpart Dc, as long as they have the same rated capacity and
operate in a way that emissions from either boiler are substantially
similar if based on the same amount of fuel.
Abstract for [0700042]
Q: Do changes proposed by Roseburg Forest Products (RFP) to two
large boilers in Dillard, Oregon, result in the boilers being derated
under 40 CFR part 60, subpart D? RFP has eliminated the capacity of
both boilers to burn oil and made changes to the boilers that reduce
the total heat input capacity for both boilers to less than 245.7
MMBtu/hr for natural gas. RFP proposed to conduct additional monitoring
and performance testing to verify that the capacity of the boilers has
been reduced.
A: Although the changes RFP has made to its boilers appear to meet
many of the criteria for derating boilers, EPA requires submission of
source test data verifying that the capacity of the boilers has been
reduced before EPA will determine that the RFP boilers have been
derated. Any such verification testing should be conducted while each
boiler is operating at its maximum capacity for a 24-hour period for
each fossil fuel that the boiler has the capability of burning. EPA
expects RFP to monitor the gas pressure during the performance test to
verify the correlation of gas pressure to heat input. In addition, to
ensure reliability of the performance test results, RFP should submit a
performance test plan to EPA for approval prior to the test and follow
the general provisions of 40 CFR part 60, subpart A, for performance
tests, such as notifying EPA in advance of the test.
Abstract for [0700043]
Q1: Does EPA approve monthly instead of daily monitoring of natural
gas usage in a 40 CFR part 60, subpart Dc affected boiler at the
proposed J. R. Simplot Company facility near Mountain Home, Idaho?
A1: Yes. EPA approves monthly instead of daily monitoring of
natural gas usage in this NSPS subpart Dc affected boiler.
Q2: Does EPA approve the use of fuel receipts from a gas supplier
to serve as a monthly monitoring method under 40 CFR part 60, subpart
Dc, for an affected boiler at the proposed J. R. Simplot Company
facility near Mountain Home, Idaho?
A2: Yes. EPA approves the use of fuel receipts from a gas supplier
to serve as monthly monitoring method under NSPS subpart Dc.
Q3: Does EPA find that all of the natural gas used at a facility
can be attributed to the 40 CFR part 60, subpart Dc affected boilers,
if there is some gas used by a unit that is a facility not covered by
any other regulation, as proposed by the J. R. Simplot Company facility
near Mountain Home, Idaho?
A3: Yes. EPA finds that all of the natural gas used at a facility
can be attributed to the NSPS subpart Dc affected boilers, even if
there is some gas used by another unit, as long as that other unit is a
facility not covered by any other regulation.
Q4: Does EPA find that the amount of natural gas used at a facility
can be divided evenly between two similar boilers under 40 CFR part 60,
subpart Dc, as proposed by the J. R. Simplot Company facility near
Mountain Home, Idaho?
A4: Yes. EPA finds that the amount of natural gas used at a
facility can be divided evenly between two similar boilers under NSPS
subpart Dc, as long as they have the same rated capacity and operate in
a way that emissions from either boiler are substantially similar if
based on the same amount of fuel.
Abstract for [0700044]
Q: Is the Anchorage Water and Wastewater Utility (AWWU) subject to
40 CFR part 60, subpart O, based on changes and upgrades that are
planned for the emission control system on AWWU's multiple hearth
sludge furnace (MHF) at the Asplund Wastewater Treatment Facility?
A: EPA determines that the MHF continues to be subject to NSPS
subpart O. The MHF was constructed in 1986 and is subject to NSPS
subpart O, which is applicable to a facility constructed after June 11,
1973. The upgrades to AWWU's facility do not affect applicability
status because the facility is already subject to NSPS subpart O based
on the date of construction.
Abstract for [0700045]
Q: Does EPA grant a waiver to Flint Hills Resources Alaska of the
30-day notification of performance evaluation for recently installed
sulfur dioxide (SO2) Continuous Emission Monitoring System
according to 40 CFR 60.7(a)(5) and 60.8(d)?
A: Yes. EPA grants a waiver of the 30-day notification of
performance evaluation, under 40 CFR 60.19(f)(3), because of the need
to meet deadlines
[[Page 44731]]
that have been laid out in a Compliance Order by Consent.
Abstract for [0700046]
Q: Is Anadarko Petroleum Corporation's incineration unit at the
Jacobs Ladder Exploration Drilling Project on the North Slope, Alaska,
exempted from the requirements of 40 CFR part 60, subpart CCCC?
A: Based on the information submitted in the notification required
to claim the exemption under 40 CFR 60.2020(c)(2), EPA finds that this
incinerator would meet the exemption criteria in 40 CFR 60.2020(c)(2),
and is therefore required to meet the recordkeeping requirements
established in this provision. Under 40 CFR 60.2020(c)(2), an exemption
is provided for units that burn greater than 30 percent municipal solid
waste or refuse-derived fuel (as defined in NSPS subparts Ea, Eb, AAAA,
and BBBB) in their fuel feed stream. This incinerator will burn
primarily residential-type waste generated by a housing camp and
cafeteria facilities that is associated with the Anadarko facility,
along with some industrial packing and other non-hazardous waste
materials from drilling support activities on site.
Abstract for [0700047]
Q: Does EPA approve a reduction in the submittal frequency of the
fuel emission reports to annually for two boilers using natural gas,
except for approximately eight hours per month when diesel fuel is used
as a backup, under 40 CFR part 60, subpart Dc, at the St. Luke's
Regional Medical Center in Boise, Idaho?
A: Yes. EPA approves a reduction in the submittal frequency of the
fuel emission reports to annually. For a boiler that only fires natural
gas and distillate oil with sulfur content of less than 0.5 percent,
these reports consist only of fuel oil suppliers' certifications and a
certified statement of the owner or operator. Because this facility
receives only one shipment of distillate oil per year, it would be
redundant to require more than annual submittal of this information. As
long as the facility receives only one shipment of distillate oil a
year, it shall submit all fuel supplier certifications as described in
40 CFR 60.48(f)(1), postmarked by the last day of January of each year.
Abstract for [0700048]
Q1: Does EPA approve a reduction in the fuel usage recordkeeping
requirement in 40 CFR part 60, subpart Dc, from daily to monthly when
only pipeline quality natural gas is and will be fired in two boilers
operated by Boise Paper Solutions of Boise Cascade Corporation?
A1: Yes. EPA approves a reduction in the fuel usage recordkeeping
requirement in 40 CFR 60.48c from daily to monthly when only pipeline
quality natural gas is and will be fired in the boilers.
Q2: Does EPA approve the use of monthly natural gas bills to
fulfill the recordkeeping requirement in 40 CFR part 60, subpart Dc as
proposed by Boise Paper Solutions of Boise Cascade Corporation?
A2: Yes. EPA approves the use of monthly natural gas bills to
fulfill the recordkeeping requirement of 40 CFR 60.48c, provided that
all natural gas on the fuel receipt is attributed to use in the two
boilers, regardless of the small amount that may be used for other
purposes, such as space heating, and that the amount of natural gas
used in each boiler is apportioned in equal proportions.
Abstract for [0700049]
Q: Does EPA approve a reduction in the monitoring schedule for fuel
gas sulfur content from quarterly to semiannually under 40 CFR part 60,
subpart GG, at Calpine Hermiston Power Plant in Oregon, based upon
demonstrated compliance and low variability for six quarters?
A: Yes. EPA approves this alternative fuel monitoring request. In
addition, based on amendments to NSPS subpart GG, promulgated on July
8, 2004, the requirement to monitor the sulfur content of natural gas
may be waived.
Abstract for [0700050]
Q: Does EPA approve a source test protocol for determinations of
the maximum heat input for use in a boiler derate demonstration, under
40 CFR part 60, subpart D, at the Roseburg Forest Products facility in
Roseburg, Oregon?
A: Yes. Based upon a review of the source test protocol and the
Piping and Instrument Diagram for the natural gas systems for both
boilers, EPA concludes that, under NSPS subpart D, if the source test
is conducted according to the protocol, it should provide the
information required to verify the maximum heat input, namely, gas flow
rate, calorific value, and supply pressure.
Abstract for [0700051]
Q: May a ``bag counting'' surrogate method for determining the
weight of incinerated waste be used to determine whether the co-fired
combustor exemption of 40 CFR part 60, subpart Ec, applies to a BP
Exploration Alaska Incorporated waste incinerator located at the
Northstar Development Facility in the Beaufort Sea?
A: No. EPA finds that the surrogate method described will not
provide the accuracy required by the recordkeeping requirements of NSPS
subpart Ec. It is not clear from the request whether a distinction is
made between the differences in the weight of a typical bag of hospital
and medical/infectious waste and the weight of a typical bag of other
waste. Also, if an average weight of a bag of hospital and medical/
infectious waste is used, this may underestimate the actual amount of
hospital and medical/infectious waste that is being burned. Thus, EPA
has determined that the proposed surrogate method cannot be used for
the determination of whether the co-fired combustor exemption in 40 CFR
60.50c(c) is met. EPA will consider a different weight surrogate method
that adequately ensures that the exemption is met with a margin for
error.
Abstract for [0700052]
Q1: Does the addition of storage capacity, which did not increase
the hourly grain handling capacity, trigger applicability of 40 CFR
part 60, subpart DD, for the Busch Agricultural Resources, Incorporated
(BARI) Malt Plant Facility in Idaho Falls, Idaho?
A1: Yes. EPA determines that the increase in storage capacity
triggers NSPS subpart DD applicability. The grain storage capacity
exceeded 2.5 million bushels in 2002 when the permanent storage
capacity was increased to 4 million bushels. Because the permanent
storage capacity for this facility exceeds 2.5 million bushels, the
facility meets the definition of a grain terminal elevator, as defined
in NSPS subpart DD, and is subject to the NSPS. In addition,
60.304(b)(4) of subpart DD, which states that ``the installation of
permanent storage capacity without an increase in hourly grain handling
capacity by itself would not be considered a modification of an
existing facility'', does not apply to BARI. Section 60.304(b)(4) of
subpart DD does not apply to those affected facilities that are
constructed at the time applicability was triggered or subsequent to
that time.
Q2: Is 40 CFR part 60, subpart DD, applicable to the following
activities and equipment at the BARI Idaho Falls Malt Plant Facility in
Idaho Falls, Idaho:
(1) Malt load out operations;
(2) Residual/byproduct storage and load out operations;
(3) Conveyors located inside the malt house that are used to move
barley and off-kiln malt through the malt house operation; and
[[Page 44732]]
(4) A baghouse filter that is dedicated solely to controlling dust
emissions from grain and malt handling within the malt house operation.
A2: EPA determines the applicability for each of the specific
activities and equipment at BARI, as follows:
(1) NSPS subpart DD is not applicable to malt load out operations.
(2) NSPS subpart DD is not applicable to the storage and load out
operations of residuals or byproducts provided it is not possible for
these operations to handle grain. Reject hulls, grain fragments or dirt
that is handled and stored separately, as well as malted barley and
malting by-products, are not considered grain.
(3) Equipment being used is subject to NSPS subpart DD if it
handles unmalted barley part of the time, and malted and unmalted
barley at the same time because it is handling some amount of grain, as
well as conveyors located inside the malt house that are used to move
unmalted barley. However, conveyors located inside the malt house that
are used to move off-kiln malt are not subject to NSPS subpart DD.
(4) Emissions from a baghouse that is controlling dust from grain
and malt handling within the malt house operation are subject to NSPS
subpart DD, because the commingled emissions include grain handling
emissions that are subject to NSPS subpart DD.
Abstract for [0700053]
Q: Does the incineration of pharmaceutical wastes disposed of by
Providence Alaska Medical Center, a hospital in Alaska, require an
incineration facility, under 40 CFR part 60, subpart Ec, or 40 CFR part
62, subpart HHH, to demonstrate compliance with Hospital/Medical/
Infectious Waste Incinerator (HMIWI) rules?
A: Yes. EPA finds the HMIWI regulation applies to the incineration
of hospital, medical, and infectious wastes. EPA defines ``hospital
waste'' broadly, and it includes any waste or discarded materials
generated at a hospital, except unused items returned to the
manufacturer. Thus, pharmaceutical wastes generated at a hospital and
disposed of by the hospital are considered ``hospital waste'' under the
rules, and a facility that incinerates such waste is subject to HMIWI.
Abstract for [0700054]
Q: Does EPA approve an alternative monitoring plan in lieu of the
continuous opacity monitoring (COMS) requirements of 40 CFR
60.105(a)(1) and corresponding requirements of 40 CFR part 63, subpart
UUU, where a wet scrubber is to be installed on Puget Sound Refining's
(PSR's) fluidized catalytic cracking unit (FCCU) in Anacortes,
Washington?
A: Yes. EPA approves the monitoring of the liquid flow rate and gas
flow rate for the wet gas scrubber, which is a jet-ejector design.
Calculation of the liquid-to-gas ratio must be done as outlined in
Tables 2 and 3 of Maximum Achievable Control Technology (MACT) subpart
UUU, except that for purposes of determining and reporting excess
emissions for the FCCU, a 3-hour rolling average of the liquid-to-gas
ration will be used.
Abstract for [0700055]
Q: Does EPA allow the use of an alternate performance test method
for stationary gas turbines, under 40 CFR part 60, subpart GG, at
ConocoPhillips Alaska Incorporated's Alpine Development Project in
North Slope Alaska?
A: Yes. EPA approves the use of an alternate performance test
method, under NSPS subpart GG, only if the probe is designed and
conforms to the tests specified in EPA Guidance Document CG-031.
Abstract for [0700056]
Q1: Should an incinerator used to dispose of camp wastes at a
remote, temporary work camp in Nuiqsut, Alaska, and operated by Alaska
Interstate Construction, LLC (AIC), be subject to 40 CFR part 62,
subpart III, the Federal Plan Requirements for Commercial Industrial
Solid Waste Incinerators (CISWI)?
A1: Yes. EPA determines that the work camp is an integral part of a
commercial operation, the AIC facility, and would not be there but for
generating profit as a commercial operation under 40 CFR part 62,
subpart III. The term ``commercial facility'' is not defined in the
CISWI regulation, but the American Heritage Dictionary defines
commercial as ``having profit, success, or immediate results as [a]
chief aim.'' Thus, the work camp incinerator would be considered to be
located at a ``commercial or industrial facility'' and would be subject
to CISWI.
Q2: Should AIC's work camp incinerator, which burns primarily
municipal solid waste, be regulated under 40 CFR part 62, subpart III?
A2: Yes. EPA finds that the incinerator should be regulated under
CISWI. The fact that the waste incinerated is considered to be
municipal solid waste does not mean that the incinerator would not be
considered to be a CISWI unit. This is apparent because of the
exemption that is provided for CISWI units under 40 CFR 62.14525(c)(2)
for units that burn greater than 30 percent municipal solid waste.
AIC's work camp incinerator is considered to be a CISWI, but because it
burns greater than 30 percent municipal solid waste, it has an
exemption under NSPS subpart III.
Abstract for [0700057]
Q: Does EPA find that a coal transloader located in Port Wentworth,
Georgia, next to Georgia Power's Plant Kraft Steam-Electric Generating
Plant, and a coal preparation plant, which provides coal to the Plant
Kraft units, are subject to 40 CFR part 60, subpart Y?
A: No. EPA has determined that the transloader is not part of the
coal preparation plant on the property since it not connected to any of
its breaking, crushing, screening, wet or dry cleaning, or thermal
drying equipment, and thus is not subject to NSPS subpart Y. Since the
coal preparation plant was constructed prior to the applicability date
of October 24, 1974, it is not subject to NSPS subpart Y.
Abstract for [0700058]
Q: Is the installation of three solvent-based laminators at the
Catalyst International's rotogravure urethane coating line and printing
operations, located in Delaware County, Pennsylvania, subject to 40 CFR
part 60, subpart FFF?
A: Yes. EPA has determined that because the two new laminators to
be installed at Catalyst's Pennsylvania facility will coat a urethane
web, on a continuous basis, with an adhesive that meets the definition
of ink given in the NSPS subpart FFF rule using a gravure cylinder,
these laminators are subject to NSPS subpart FFF.
Abstract for [0700059]
Q: Does EPA approve an alternative monitoring plan for boilers 1
and 2 that fire fuels with low sulfur content at the Hercules'
Franklin, Virginia plant under 40 CFR part 60, subpart Dc?
A: EPA approves the alternative fuel sampling methodology for
Hercules' boiler 2. Hercules may use fuel supplier certifications in
lieu of a continuous opacity monitor (COM) to prove that very low
sulfur fuels are being combusted, and get relief from particulate
emission monitoring pursuant to 40 CFR 60.47c(a). EPA disapproved the
alternative monitoring proposal for Hercules' boiler 1 to use scrubber
parametric monitoring in lieu of installing a COM. Hercules will need
to install a particulate matter (PM) continuous emission monitoring
system
[[Page 44733]]
(CEMS) unless it can show that this is not a viable alternative to a
COM.
Abstract for [0700060]
Q1. Does EPA approve a request to deviate from the assumption that
a violation of the hydrogen chloride (HCl) emission occurs if the
Curtis Bay Energy facilities in Baltimore, Maryland, operate their
Hospital/Medical/Infectious Waste Incinerators (HMIWIs) above the
maximum charge rate and below the minimum HCl sorbent flow rate
simultaneously, as stated in 40 CFR part 60, subpart Ec, at Sec.
60.56c(e)(3)? The facilities have actual hydrogen chloride (HCl)
emissions data from an EPA compliant continuous HCl emissions monitor
on a real-time basis.
A1. Yes. EPA agrees that the actual data, obtained from an EPA
compliant continuous HCl monitor on a real-time basis, that shows HCl
emissions are within the allowable limit of either 100 parts per
million by volume adjusted to 7 percent oxygen measured on a dry basis
at standard conditions or 93 percent reduction, is superior to using
surrogate parameter of HCl sorbent flow rate. An EPA compliant
continuous HCl monitor must meet Performance Specification 2 in 40 CFR
part 60, specifically the Specifications and Test Procedures for
SO2 and NOX Continuous Emission Monitoring
Systems in Stationary Sources in Appendix B, and the quality assurance
procedures specified in Appendix F, including the revised Relative
Accuracy Test Audit (RATA) calculation procedures in Enclosure 1 of the
response letter. In addition, a CEMS for oxygen must be installed,
calibrated, maintained, and operated in accordance with the
requirements of Appendices B and F of part 60. EPA describes additional
requirements applicable for CEMS in the EPA response letter and its
Enclosure 1.
Q2. Does EPA approve a request to eliminate the operating parameter
monitoring requirements for maximum charge rate as specified in Sec.
60.57c(a) and Table 3 of 40 CFR part 60, subpart Ec, at the Curtis Bay
Energy Hospital/Medical/Infectious Waste Incinerators (HMIWIs) located
in Baltimore, Maryland?
A2. No. EPA finds that the maximum charge rate is an operating
parameter used to determine compliance with other applicable emission
limits in addition to HCl emission limits. The definition for maximum
charge rate given in Sec. 60.51c of 40 CFR for a continuous and
intermittent HMIWI is ``* * * 110 percent of the lowest 3-hour average
charge rate measured during the most recent performance test
demonstrating compliance with all applicable emission limits.'' By
definition, the maximum charge rate is linked to compliance with all
applicable emission limits which include particulate matter (PM),
carbon monoxide (CO), dioxins/furans, HCl, lead (Pb), cadmium (Cd),
mercury (Hg), sulfur dioxide (SO2), nitrogen oxides
(NOX), and opacity. EPA will not grant approval to eliminate
monitoring of the maximum charge rate as an operating parameter since
it is linked to all emission limits and not linked only to HCl
emissions.
Q3. Does EPA approve a request to eliminate the operating parameter
monitoring requirements for minimum hydrogen chloride (HCl) sorbent
flow rate as specified in Sec. 60.57c(a) and Table 3 of 40 CFR part
60, subpart Ec, at the Curtis Bay Energy Hospital/Medical/Infectious
Waste Incinerators (HMIWIs) located in Baltimore, Maryland?
A3. Yes. EPA conditionally approves the request to eliminate
monitoring the minimum HCl sorbent flow rate as an operating parameter
when the HCl emissions are measured using an EPA compliant continuous
HCl monitor, as described in the EPA response letter.
Q4. Does EPA approve a request to eliminate the recordkeeping
requirements for HMIWI charge dates, times, and weights and hourly
charge rates as specified in Sec. 60.58c(b)(2)(iii) in 40 CFR part 60,
subpart Ec, at the Curtis Bay Energy HMIWIs, located in Baltimore,
Maryland?
A4. No. EPA finds that, as previously stated in the answer to
question 2 of this determination, the maximum charge rate parameters
are linked to other emission limits besides HCl emission limits.
Q5. Does EPA approve a request to eliminate the recordkeeping
requirements for the amount and type of HCl sorbent used during each
hour of operation as specified in Sec. 60.58c(b)(2)(vii) in 40 CFR
part 60, subpart Ec, at the Curtis Bay Energy HMIWIs located in
Baltimore, Maryland?
A5. Yes. EPA agrees that actual data from an EPA compliant
continuous HCl monitor, as described in the EPA response letter, will
provide HCl emissions information better than using surrogate
parameters such as amount and type of HCl sorbent.
Abstract for [0700061]
Q: Does EPA approve an alternative opacity monitoring procedure,
under 40 CFR part 60, subpart Db, for an auxiliary boiler at the
Cardinal Power Plant, located in Brilliant, Ohio, that has a design
heat input capacity of 652.58 million British Thermal Units per hour
and that combusts only number 2 fuel oil?
A: Yes. EPA conditionally approves this alternative opacity
monitoring procedure under NSPS subpart Db, and states the conditions
and requirements of the approval in the EPA response letter.
Abstract for [0700062]
Q: Does EPA find that condition three of the March 15, 2006,
Approval, related to visible emission readings by a certified observer
using Method 9 at the auxiliary boiler stack, apply to four hours of
continuous operation or cumulative operation under CFR part 60,
Appendix A, at the Cardinal Operating Company's facility in Brilliant,
Ohio?
A: Yes. EPA finds that condition three applies to four hours of
continuous operation under NSPS subpart A.
Abstract for [0700064]
Q: Is the proposed reduction in the monitoring frequency for the
321-M machining room at the Savannah River Company's facility in Aiken,
South Carolina, acceptable under 40 CFR part 60, subpart H?
A: Yes. EPA finds that replacing continuous monitoring with
quarterly confirmatory sampling to verify low emissions is acceptable
under NSPS subpart H, based upon review of data submitted with the
proposal.
Abstract for [0700065]
Q: Is the procedure that United Distillers proposed for derating a
boiler at its plant in Louisville, Kentucky in order to avoid
applicability under 40 CFR part 60, subpar