Current through Register Vol. 48, No. 9, September 27, 2024
(a)
(1) The
remanufacturer or other person that stores or treats the hazardous secondary
materials in hazardous secondary material management units using closed-vent
systems and control devices used to comply with provisions of this part shall
comply with the provisions of this section.
(2) [Reserved]
(b) A control device involving vapor recovery
(e.g., a condenser or adsorber) shall be designed and operated to recover the
organic vapors vented to it with an efficiency of ninety-five (95) weight
percent or greater unless the total organic emission limits of section
261.1032(a)(1) for all affected process vents can be attained at an efficiency
less than ninety-five (95) weight percent.
(c) An enclosed combustion device (e.g., a
vapor incinerator, boiler, or process heater) shall be designed and operated to
reduce the organic emissions vented to it by ninety-five (95) weight percent or
greater; to achieve a total organic compound concentration of twenty (20) ppmv,
expressed as the sum of the actual compounds, not carbon equivalents, on a dry
basis corrected to three (3) percent oxygen; or to provide a minimum residence
time of 0.50 seconds at a minimum temperature of seven hundred and sixty
degrees Celsius (760°C). If a boiler or process heater is used as the
control device, then the vent stream shall be introduced into the flame zone of
the boiler or process heater.
(d)
(1) A flare shall be designed for and
operated with no visible emissions as determined by the methods specified in
paragraph (e)(1) of this section, except for periods not to exceed a total of
five (5) minutes during any two (2) consecutive hours.
(2) A flare shall be operated with a flame
present at all times, as determined by the methods specified in paragraph
(f)(2)(iii) of this section.
(3) A
flare shall be used only if the net heating value of the gas being combusted is
11.2 megajoules (MJ)/standard cubic meter (scm) (300 British thermal units
(Btu)/standard cubic foot (scf)) or greater if the flare is steam-assisted or
air-assisted; or if the net heating value of the gas being combusted is 7.45
MJ/scm (200 Btu/scf) or greater if the flare is nonassisted. The net heating
value of the gas being combusted shall be determined by the methods specified
in paragraph (e)(2) of this section.
(4)
(i) A
steam-assisted or nonassisted flare shall be designed for and operated with an
exit velocity, as determined by the methods specified in paragraph (e)(3) of
this section, less than 18.3 meters/second (60 ft/s), except as provided in
paragraphs (d)(4)(ii) and (iii) of this section.
(ii) A steam-assisted or nonassisted flare
designed for and operated with an exit velocity, as determined by the methods
specified in paragraph (e)(3) of this section, equal to or greater than 18.3
m/s (60 ft/s) but less than 122 m/s (400 ft/s) is allowed if the net heating
value of the gas being combusted is greater than 37.3 MJ/scm (1000
Btu/scf).
(iii) A steam-assisted or
nonassisted flare designed for and operated with an exit velocity, as
determined by the methods specified in paragraph (e)(3) of this section, less
than the velocity, Vmax, as determined by the method specified in paragraph
(e)(4) of this section and less than 122 m/s (400 ft/s) is allowed.
(5) An air-assisted flare shall be
designed and operated with an exit velocity less than the velocity, Vmax, as
determined by the method specified in paragraph (e)(5) of this
section.
(6) A flare used to comply
with this section shall be steam-assisted, air-assisted, or
nonassisted.
(e)
(1) Reference Method 22 in 40 CFR part 60
shall be used to determine the compliance of a flare with the visible emission
provisions of this subpart. The observation period is two (2) hours and shall
be used according to Method 22.
(2)
The net heating value of the gas being combusted in a flare shall be calculated
using the following equation:
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Where:
HT = Net heating value of the
sample, MJ/scm; where the net enthalpy per mole of offgas is based on
combustion at twenty-five degrees Celsius (25°C) and 760 millimeters of
Mercury (mm Hg), but the standard temperature for determining the volume
corresponding to one (1) mol is 20°C;
K = constant, 1.74 × 10-7 (1/ppm) (g mol/scm)
(MJ/kcal) where standard temperature for (g mol/scm) is 20°C;
Ci = Concentration of sample
component "i" in ppm on a wet basis, as measured for organics by Reference
Method 18 in 40 CFR part 60 and measured for hydrogen and carbon monoxide by
ASTM D 1946-82 (incorporated by reference as specified in section 260.11);
and
Hi = Net heat of combustion of
sample component "i", kcal/9 mol at 25°C and 760 mm Hg. The heats of
combustion may be determined using ASTM D 2382-83 (incorporated by reference as
specified in section 260.11) if published values are not available or cannot be
calculated.
(3) The actual
exit velocity of a flare shall be determined by dividing the volumetric flow
rate (in units of standard temperature and pressure), as determined by
Reference Methods 2, 2A, 2C, or 2D in 40 CFR part 60 as appropriate, by the
unobstructed (free) cross-sectional area of the flare tip.
(4) The maximum allowed velocity in m/s,
Vmax, for a flare complying with paragraph (d)(4)(iii) of this section shall be
determined by the following equation:
Log10(Vmax) =
(Ht + 28.8)/31.7
Where:
28.8 = constant,
31.7 = constant,
HT = The net heating value as
determined in paragraph (e)(2) of this section.
(5) The maximum allowed velocity in m/s,
Vmax, for an air-assisted flare shall be determined by
the following equation:
Vmax = 8.706 + 0.7084
(Ht)
Where:
8.706 = constant,
0.7084 = constant,
HT = The net heating value as
determined in paragraph (e)(2) of this section.
(f) The remanufacturer or other person that
stores or treats the hazardous secondary material shall monitor and inspect
each control device required to comply with this section to ensure proper
operation and maintenance of the control device by implementing the following
requirements:
(1) Install, calibrate,
maintain, and operate according to the manufacturer's specifications a flow
indicator that provides a record of vent stream flow from each affected process
vent to the control device at least once every hour. The flow indicator sensor
shall be installed in the vent stream at the nearest feasible point to the
control device inlet but before the point at which the vent streams are
combined.
(2) Install, calibrate,
maintain, and operate according to the manufacturer's specifications a device
to continuously monitor control device operation as specified below:
(i) For a thermal vapor incinerator, a
temperature monitoring device equipped with a continuous recorder. The device
shall have an accuracy of [PLUSMN]1 percent of the temperature being monitored
in degrees Celsius (°C) or [PLUSMN]0.5 degrees Celsius (°C), whichever
is greater. The temperature sensor shall be installed at a location in the
combustion chamber downstream of the combustion zone.
(ii) For a catalytic vapor incinerator, a
temperature monitoring device equipped with a continuous recorder. The device
shall be capable of monitoring temperature at two locations and have an
accuracy of [PLUSMN]1 (one) percent of the temperature being monitored in
degrees Celsius (°C) or [PLUSMN]0.5 degrees Celsius (°C), whichever is
greater. One temperature sensor shall be installed in the vent stream at the
nearest feasible point to the catalyst bed inlet and a second temperature
sensor shall be installed in the vent stream at the nearest feasible point to
the catalyst bed outlet.
(iii) For
a flare, a heat sensing monitoring device equipped with a continuous recorder
that indicates the continuous ignition of the pilot flame.
(iv) For a boiler or process heater having a
design heat input capacity less than forty-four (44) Megawatts (MW), a
temperature monitoring device equipped with a continuous recorder. The device
shall have an accuracy of &[PLUSMN] (one) percent of the temperature being
monitored in degrees Celsius (°C) or [PLUSMN]0.5 degrees Celsius (°C),
whichever is greater. The temperature sensor shall be installed at a location
in the furnace downstream of the combustion zone.
(v) For a boiler or process heater having a
design heat input capacity greater than or equal to forty-four (44) MW, a
monitoring device equipped with a continuous recorder to measure a parameter(s)
that indicates good combustion operating practices are being used.
(vi) For a condenser, either:
(A) A monitoring device equipped with a
continuous recorder to measure the concentration level of the organic compounds
in the exhaust vent stream from the condenser, or
(B) A temperature monitoring device equipped
with a continuous recorder. The device shall be capable of monitoring
temperature with an accuracy of [PLUSMN]1 (one) percent of the temperature
being monitored in degrees Celsius (°C) or [PLUSMN]0.5 degrees Celsius
(°C), whichever is greater. The temperature sensor shall be installed at a
location in the exhaust vent stream from the condenser exit (i.e., product
side).
(vii) For a
carbon adsorption system that regenerates the carbon bed directly in the
control device such as a fixed-bed carbon adsorber, either:
(A) A monitoring device equipped with a
continuous recorder to measure the concentration level of the organic compounds
in the exhaust vent stream from the carbon bed, or
(B) A monitoring device equipped with a
continuous recorder to measure a parameter that indicates the carbon bed is
regenerated on a regular, predetermined time cycle.
(3) Inspect the readings from each
monitoring device required by paragraphs (f)(1) and (2) of this section at
least once each operating day to check control device operation and, if
necessary, immediately implement the corrective measures necessary to ensure
the control device operates in compliance with the requirements of this
section.
(g) A
remanufacturer or other person that stores or treats hazardous secondary
material in a hazardous secondary material management unit using a carbon
adsorption system such as a fixed-bed carbon adsorber that regenerates the
carbon bed directly onsite in the control device shall replace the existing
carbon in the control device with fresh carbon at a regular, predetermined time
interval that is no longer than the carbon service life established as a
requirement of section 261.1035(b)(4)(iii)(F).
(h) A remanufacturer or other person that
stores or treats hazardous secondary material in a hazardous secondary material
management unit using a carbon adsorption system such as a carbon canister that
does not regenerate the carbon bed directly onsite in the control device shall
replace the existing carbon in the control device with fresh carbon on a
regular basis by using one of the following procedures:
(1) Monitor the concentration level of the
organic compounds in the exhaust vent stream from the carbon adsorption system
on a regular schedule, and replace the existing carbon with fresh carbon
immediately when carbon breakthrough is indicated. The monitoring frequency
shall be daily or at an interval no greater than twenty (20) percent of the
time required to consume the total carbon working capacity established as a
requirement of section 261.1035(b)(4)(iii)(G), whichever is longer.
(2) Replace the existing carbon with fresh
carbon at a regular, predetermined time interval that is less than the design
carbon replacement interval established as a requirement of section
261.1035(b)(4)(iii)(G).
(i) An alternative operational or process
parameter may be monitored if it can be demonstrated that another parameter
will ensure that the control device is operated in conformance with these
standards and the control device's design specifications.
(j) A remanufacturer or other person that
stores or treats hazardous secondary material at an affected facility seeking
to comply with the provisions of this part by using a control device other than
a thermal vapor incinerator, catalytic vapor incinerator, flare, boiler,
process heater, condenser, or carbon adsorption system is required to develop
documentation including sufficient information to describe the control device
operation and identify the process parameter or parameters that indicate proper
operation and maintenance of the control device.
(k) A closed-vent system shall meet either of
the following design requirements:
(1) A
closed-vent system shall be designed to operate with no detectable emissions,
as indicated by an instrument reading of less than five hundred (500) ppmv
above background as determined by the procedure in section 261.1034(b) of this
subpart, and by visual inspections; or
(2) A closed-vent system shall be designed to
operate at a pressure below atmospheric pressure. The system shall be equipped
with at least one pressure gauge or other pressure measurement device that can
be read from a readily accessible location to verify that negative pressure is
being maintained in the closed-vent system when the control device is
operating.
(l) The
remanufacturer or other person that stores or treats the hazardous secondary
material shall monitor and inspect each closed-vent system required to comply
with this section to ensure proper operation and maintenance of the closed-vent
system by implementing the following requirements:
(1) Each closed-vent system that is used to
comply with paragraph (k)(1) of this section shall be inspected and monitored
in accordance with the following requirements:
(i) An initial leak detection monitoring of
the closed-vent system shall be conducted by the remanufacturer or other person
that stores or treats the hazardous secondary material on or before the date
that the system becomes subject to this section. The remanufacturer or other
person that stores or treats the hazardous secondary material shall monitor the
closed-vent system components and connections using the procedures specified in
section 261.1034(b) to demonstrate that the closed-vent system operates with no
detectable emissions, as indicated by an instrument reading of less than five
hundred (500) ppmv above background.
(ii) After initial leak detection monitoring
required in paragraph (l)(1)(i) of this section, the remanufacturer or other
person that stores or treats the hazardous secondary material shall inspect and
monitor the closed-vent system as follows:
(A)
Closed-vent system joints, seams, or other connections that are permanently or
semi-permanently sealed (e.g., a welded joint between two (2) sections of hard
piping or a bolted and gasketed ducting flange) shall be visually inspected at
least once per year to check for defects that could result in air pollutant
emissions. The remanufacturer or other person that stores or treats the
hazardous secondary material shall monitor a component or connection using the
procedures specified in section 261.1034(b) of this subpart to demonstrate that
it operates with no detectable emissions following any time the component is
repaired or replaced (e.g., a section of damaged hard piping is replaced with
new hard piping) or the connection is unsealed (e.g., a flange is
unbolted).
(B) Closed-vent system
components or connections other than those specified in paragraph (l)(1)(ii)(A)
of this section shall be monitored annually and at other times as requested by
the Department, except as provided for in paragraph (o) of this section, using
the procedures specified in section 261.1034(b) to demonstrate that the
components or connections operate with no detectable emissions.
(iii) In the event that a defect
or leak is detected, the remanufacturer or other person that stores or treats
the hazardous secondary material shall repair the defect or leak in accordance
with the requirements of paragraph (l)(3) of this section.
(iv) The remanufacturer or other person that
stores or treats the hazardous secondary material shall maintain a record of
the inspection and monitoring in accordance with the requirements specified in
section 261.1035.
(2)
Each closed-vent system that is used to comply with paragraph (k)(2) of this
section shall be inspected and monitored in accordance with the following
requirements:
(i) The closed-vent system shall
be visually inspected by the remanufacturer or other person that stores or
treats the hazardous secondary material to check for defects that could result
in air pollutant emissions. Defects include, but are not limited to, visible
cracks, holes, or gaps in ductwork or piping or loose connections.
(ii) The remanufacturer or other person that
stores or treats the hazardous secondary material shall perform an initial
inspection of the closed-vent system on or before the date that the system
becomes subject to this section. Thereafter, the remanufacturer or other person
that stores or treats the hazardous secondary material shall perform the
inspections at least once every year.
(iii) In the event that a defect or leak is
detected, the remanufacturer or other person that stores or treats the
hazardous secondary material shall repair the defect in accordance with the
requirements of paragraph (l)(3) of this section.
(iv) The remanufacturer or other person that
stores or treats the hazardous secondary material shall maintain a record of
the inspection and monitoring in accordance with the requirements specified in
section 261.1035.
(3)
The remanufacturer or other person that stores or treats the hazardous
secondary material shall repair all detected defects as follows:
(i) Detectable emissions, as indicated by
visual inspection, or by an instrument reading greater than five hundred (500)
ppmv above background, shall be controlled as soon as practicable, but not
later than fifteen (15) days after the emission is detected, except as provided
for in paragraph (l)(3)(iii) of this section.
(ii) A first attempt at repair shall be made
no later than five (5) days after the emission is detected.
(iii) Delay of repair of a closed-vent system
for which leaks have been detected is allowed if the repair is technically
infeasible without a process unit shutdown, or if the remanufacturer or other
person that stores or treats the hazardous secondary material determines that
emissions resulting from immediate repair would be greater than the fugitive
emissions likely to result from delay of repair. Repair of such equipment shall
be completed by the end of the next process unit shutdown.
(iv) The remanufacturer or other person that
stores or treats the hazardous secondary material shall maintain a record of
the defect repair in accordance with the requirements specified in section
261.1035 of this subpart.
(m) Closed-vent systems and control devices
used to comply with provisions of this subpart shall be operated at all times
when emissions may be vented to them.
(n) The owner or operator using a carbon
adsorption system to control air pollutant emissions shall document that all
carbon that is a hazardous waste and that is removed from the control device is
managed in one of the following manners, regardless of the average volatile
organic concentration of the carbon:
(1)
Regenerated or reactivated in a thermal treatment unit that meets one of the
following:
(i) The owner or operator of the
unit has been issued a final permit under R.61-79.270 which implements the
requirements of 40 CFR 261 subpart X; or
(ii) The unit is equipped with and operating
air emission controls in accordance with the applicable requirements of
subparts AA and CC of either R.61-79.261 or 265; or
(iii) The unit is equipped with and operating
air emission controls in accordance with a national emission standard for
hazardous air pollutants under 40 CFR part 61 or 40 CFR part 63.
(2) Incinerated in a hazardous
waste incinerator for which the owner or operator either:
(i) Has been issued a final permit under
R.61-79.270 which implements the requirements of 40 CFR 261 subpart O;
or
(ii) Has designed and operates
the incinerator in accordance with the interim status requirements of 40 CFR
265 subpart O.
(3)
Burned in a boiler or industrial furnace for which the owner or operator
either:
(i) Has been issued a final permit
under R.61-79.270 which implements the requirements of R.61-79.266 subpart H;
or
(ii) Has designed and operates
the boiler or industrial furnace in accordance with the interim status
requirements of R.61-79.266 subpart H.
(o) Any components of a closed-vent system
that are designated, as described in section 261.1035(c)(9) of this subpart, as
unsafe to monitor are exempt from the requirements of paragraph (l)(1)(ii)(B)
of this section if:
(1) The remanufacturer or
other person that stores or treats the hazardous secondary material in a
hazardous secondary material management unit using a closed-vent system
determines that the components of the closed-vent system are unsafe to monitor
because monitoring personnel would be exposed to an immediate danger as a
consequence of complying with paragraph (l)(1)(ii)(B) of this section;
and
(2) The remanufacturer or other
person that stores or treats the hazardous secondary material in a hazardous
secondary material management unit using a closed-vent system adheres to a
written plan that requires monitoring the closed-vent system components using
the procedure specified in paragraph (l)(1)(ii)(B) of this section as
frequently as practicable during safe-to-monitor times.
