[Federal Register Volume 67, Number 60 (Thursday, March 28, 2002)]
[Notices]
[Pages 14936-14939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-7491]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-7164-2]
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 and National
Emission Standards for Hazardous Air Pollutants
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of availability.
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SUMMARY: This notice announces the availability of applicability
determinations, alternative monitoring decisions, and regulatory
interpretations that EPA has made under the New Source Performance
Standards (NSPS) (40 CFR part 60), and the National Emission Standards
for Hazardous Air Pollutants (NESHAP) (40 CFR parts 61 and 63).
FOR FURTHER INFORMATION CONTACT: An electronic copy of each complete
document posted on the Applicability Determination Index (ADI) database
system is available on the Internet through the ADI at: http://cfpub.epa.gov/adi. The document may be located by date, author,
subpart, or subject search. For questions about the ADI or this notice,
contact Maria Malave at EPA by phone at: (202) 564-7027, or by email
at: [email protected]. 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 CFR part 60 and the NESHAP
in 40 CFR part 61 provide that a source owner or operator may request a
determination of whether certain intended actions constitute the
commencement of construction, reconstruction, or modification. EPA's
written responses to these inquiries are broadly termed applicability
determinations. See 40 CFR 60.5 and 61.06. The NSPS and NESHAP also
allow sources to seek permission to use monitoring or recordkeeping
which 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 broadly termed alternative monitoring
decisions. Further, EPA responds to written inquiries about the broad
range of NSPS and NESHAP regulatory requirements as they pertain to a
whole source category. These inquiries may pertain, for example, to the
type of sources to which the regulation applies, or to the testing,
monitoring, recordkeeping or reporting requirements contained in the
regulation.
EPA currently compiles EPA-issued NSPS and NESHAP applicability
determinations, alternative monitoring decisions, and regulatory
interpretations, and posts them on the Applicability Determination
Index (ADI) on a quarterly basis. The ADI is an electronic index on the
Internet with over one thousand EPA letters and memoranda pertaining to
the applicability, monitoring, recordkeeping, and reporting
requirements of the NSPS and NESHAP. The letters and memoranda may be
searched by date, office of issuance, subpart, citation, control number
or by string word searches.
Today's notice comprises a summary of 30 of such documents added to
the ADI on January 22, 2002. The subject, author, recipient, and date
(header) of each letter and memorandum is listed in this notice, as
well as a brief abstract of the letter or memorandum. Complete copies
of these documents may be obtained from the ADI at: http://cfpub.epa.gov/adi.
Summary of Headers and Abstracts
The following table identifies the database control number for each
document posted on the ADI database system on January 22, 2002; the
applicable category; the subpart(s) of 40 CFR parts 60, 61, or 63 (as
applicable) covered by the document; and the title of the document
which provides a brief description of the subject matter. We have also
included an abstract of each document identified with its control
number after the table. These abstracts are provided solely to alert
the public to possible items of interest and are not intended as
substitutes for the full text of the documents.
ADI Determinations Uploaded on Date
----------------------------------------------------------------------------------------------------------------
Control No. Category Subpart(s) Title
----------------------------------------------------------------------------------------------------------------
M020001........................... MACT M......................... Dry Cleaner Major
Source Threshold
[[Page 14937]]
M020002........................... MACT R......................... Monitoring Operating
Parameter for John
Zink Enclosed
Flares.
0100077........................... NSPS Dc........................ Alternative Fuel
Usage Recordkeeping
Frequency.
0100078........................... NSPS VV........................ Alternative
Monitoring Proposal
for Ethylene Glycol
Vapor.
0100079........................... NSPS OOO....................... Applicability to
Blast Furnace Slag
Crushing and
Grinding.
0100080........................... NSPS Db, Dc.................... Boiler Derate.
0100081........................... NSPS VV, NNN................... Design Capacity
Exemption.
0100082........................... NSPS Dc........................ Boiler Derate.
0100083........................... NSPS NNN, RRR.................. Biological Processes
for Ethanol
Manufacturing.
0100084........................... NSPS A, NNN, RRR............... Review of
Alternative
Monitoring/Testing
Requirements.
0100085........................... NSPS GG........................ Custom Fuel
Monitoring &
Alternate Test
Method.
0100086........................... NSPS GG........................ Waiver for Reference
Method 20 Oxygen
Tracers.
0100087........................... NSPS GG........................ Alternate
Performance Test
Method.
0100088........................... NSPS GG........................ Custom Fuel
Monitoring &
Nitrogen Waiver.
0100089........................... NSPS GG........................ Custom Fuel
Monitoring &
Nitrogen Waiver.
0100090........................... NSPS GG........................ Custom Fuel
Monitoring
Schedule.
0100091........................... NSPS GG........................ Custom Fuel
Monitoring &
Alternate Test
Method.
0100092........................... NSPS GG........................ Modification to Test
Method 20.
0100093........................... NSPS GG........................ Custom Fuel
Monitoring &
Alternate Test
Method.
0100094........................... NSPS GG........................ Custom Fuel
Monitoring
Schedule.
0100095........................... NSPS GG........................ Custom Fuel
Monitoring
Schedule.
0100096........................... NSPS GG........................ Alternate Test
Performance
Procedure.
0100097........................... NSPS GG........................ Custom Fuel
Monitoring &
Alternate Test
Method.
0100098........................... NSPS GG........................ Custom Fuel
Monitoring.
0100099........................... NSPS GG........................ Custom Fuel
Monitoring.
0100100........................... NSPS GG........................ Custom Fuel
Monitoring.
0100101........................... NSPS GG........................ Custom Fuel
Monitoring &
Alternate Test
Method.
0100102........................... NSPS GG........................ Custom Fuel
Monitoring &
Alternate Test
Method.
0100103........................... NSPS GG........................ Custom Fuel
Monitoring.
0100104........................... NSPS Y......................... Applicability to
Screening
Operations.
----------------------------------------------------------------------------------------------------------------
Abstracts
Abstract for [M020001]
Q1: Will EPA consider a facility that does not have a permit
limiting its potential to emit below the major source threshold before
the first compliance date of the dry cleaner MACT, Subpart M, an area
source if the facility can demonstrate that it maintained its
consumption of perc below the major source threshold in the dry cleaner
MACT?
A1: Yes. EPA intended that the dry cleaner MACT provide the method
for identifying major sources under both the MACT program and Title V.
However, the facility must reconcile reported VOC emissions that
indicate perc consumption almost double the threshold.
Q2: For a new facility subject to the MACT, Subpart M, does the
one-time initial fill count in determining whether the facility is a
major source?
A2: No. The initial fill does not indicate perc emissions, since
perc has been neither consumed nor emitted.
Abstract for [M020002]
Q. Under MACT standard, Subpart R, what is the required monitored
operating parameter for the John Zink enclosed flares?
A: The MACT standard, Subpart R, requires that thermal oxidation
systems (e.g., John Zink enclosed flares) monitor temperature for
continuous compliance monitoring.
Abstract for [0100077]
Q: A company with a natural gas-fired boiler proposes to record and
maintain weekly records of fuel usage, instead of daily records as
required by NSPS Subpart Dc, at 40 CFR 60.48c(g). Is this acceptable?
A: Yes. If only natural gas or low sulfur fuel oils are used,
compliance with NSPS Subpart Dc, can be adequately verified by keeping
fuel usage records less frequently. Based on past determinations,
records of fuel usage may be kept on a weekly basis, as proposed, or on
a monthly basis as has been approved for other natural gas-fired
facilities.
Abstract for [0100078]
Q: A company subject to NSPS Subpart VV, has proposed to conduct
quarterly visual inspections of equipment in ethylene glycol vapor
service, instead of using Method 21. Since ethylene glycol has a
boiling point of approximately 197 degrees centigrade, any vapor
escaping from process equipment would quickly condense and form a
liquid, making detection by Method 21 less accurate and reliable. Is
the use of visual inspections acceptable?
A: Yes. The proposed alternative monitoring is acceptable as a
substitute for Method 21.
Abstract for [0100079]
Q: Is a blast furnace slag crushing/grinding operation subject to
NSPS Subpart OOO?
A: No. Because slag is not a nonmetallic mineral, the crushing and
grinding of slag is not regulated by NSPS Subpart OOO.
Abstract for [0100080]
Q: A boiler derate is proposed for a unit subject to NSPS Subpart
Db which will include the replacement of an existing burner with a new
burner rated at 95 mm btu/hr. Is the proposed derate acceptable?
A: Yes. The proposed derate is consistent with criteria used in
past boiler derates.
Abstract for [0100081]
Q: Does the design capacity exemption provided in NSPS Subparts VV
and NNN apply to a process unit at a plant which will produce a product
which will contain 50 percent hydrogen cyanide and 50 percent methanol?
Hydrogen cyanide will be produced at the facility, but methanol will
not be produced. The design capacity for hydrogen cyanide is less than
one gigagram per year.
[[Page 14938]]
A: Yes. The design capacity for the process unit will be less than
the threshold of one gigagram per year. The applicable recordkeeping
and reporting requirements of NSPS Subparts VV and NNN will need to be
met.
Abstract for [0100082]
Q: A derate method is proposed which will limit the capacity of a
boiler by reducing the air volume into the boiler. Will the proposed
method be acceptable to comply with NSPS Subpart Dc?
A: Yes. The proposed derate is consistent with criteria used in
past boiler derates.
Abstract for [0100083]
Q: Are ethanol manufacturing facilities exempt from the
requirements of NSPS Subparts RRR and NNN?
A: EPA has previously determined that ethanol manufacturing
facilities may be exempted from NSPS Subparts RRR and NNN on a case-by-
case basis. The ethanol facility in question here uses a biological
process to ferment the converted starches in corn into ethanol. These
Subparts did not envision unit operations for biological processes.
Abstract for [0100084]
Q: Will EPA approve alternative monitoring and waive the
requirement for performance testing for boilers and process heaters
that are fired with fuel gas containing a vent stream from a facility
subject to NSPS Subpart NNN?
A: Yes. EPA will approve the provisions of NSPS Subpart RRR as
alternative monitoring to the provisions of NSPS Subpart NNN and waive
the requirement for performance testing for boilers and process heaters
that are fired with fuel gas containing a vent stream from a facility
subject to NSPS Subpart NNN.
Abstract for [0100085]
Q1: Will EPA exempt a new stationary gas turbine facility subject
to NSPS Subpart GG from daily nitrogen testing?
A1: Yes. Nitrogen monitoring shall be waived for pipeline quality
natural gas, as there is no fuel-bound nitrogen and the free nitrogen
does not contribute appreciably to NOX emissions.
Q2: Will EPA approve a custom fuel monitoring schedule for a
facility subject to NSPS Subpart GG?
A2: Yes. EPA will approve the custom fuel monitoring schedule
according to an August 14, 1987, national policy which allows the EPA
Regional offices to approve NSPS Subpart GG custom fuel monitoring
schedules on a case-by-case basis.
Q3: Will EPA approve an alternative test method under NSPS Subpart
GG?
A3: Yes. In accordance with an April 26, 1999, memorandum from
EPA's Office of Air Quality Planning and Standards, ``length of stain''
detector tubes will be allowed in cases where fuel gas sulfur content
is well below the standard level.
Abstract for [0100086]
Q: Will EPA grant a source subject to NSPS Subpart GG, a waiver to
Reference Method 20 to allow use of a single multi-hole probe in lieu
of oxygen traverses prior to initiating performance tests?
A: Yes. EPA grants the waiver on the basis that information
provided indicates that the oxygen concentrations have been uniform
within a variation of less than five percent across the two turbine
stacks. Also, verbal information indicated that the multi-hole probe
flow rate test showed that the sample flow rate through each hole is
within plus or minus ten percent of the average through the eight holes
at the design flow rate for the probe.
Abstract for [0100087]
Q: Under NSPS Subpart GG, will EPA approve an alternative test
method for two gas turbines whose stacks have four sampling ports on
one side only?
A: Yes. EPA approves the use of a nine-hole probe in the existing
four ports to accomplish a four by nine sample point matrix instead of
the required six by six matrix to determine the one of four ports with
the lowest oxygen. EPA will also allow the use of a single multi-hole
sample probe installed through the port which exhibits the lowest
average diluent (oxygen) concentration for the oxygen traverse and the
performance tests.
Abstract for [0100088]
Q: Will EPA approve a custom fuel monitoring schedule for a
facility subject to NSPS Subpart GG?
A: Yes. EPA will approve the custom fuel monitoring schedule
according to an August 14, 1987, national policy which allows the EPA
Regional offices to approve Subpart GG custom fuel monitoring schedules
on a case-by-case basis.
Abstract for [0100089]
Q: Will EPA approve a custom fuel monitoring schedule for a
facility subject to NSPS Subpart GG?
A: Yes. EPA will approve the custom fuel monitoring schedule
according to an August 14, 1987, national policy which allows the EPA
Regional offices to approve NSPS Subpart GG custom fuel monitoring
schedules on a case-by-case basis.
Abstract for [0100090]
Q: Will EPA approve a custom fuel monitoring schedule for a
facility subject to NSPS Subpart GG?
A: Yes. EPA will approve the custom fuel monitoring schedule
according to an August 14, 1987, national policy which allows the EPA
Regional offices to approve NSPS Subpart GG custom fuel monitoring
schedules on a case-by-case basis.
Abstract for [0100091]
Q: Will EPA approve a custom fuel monitoring schedule for a
facility subject to NSPS Subpart GG?
A: Yes. EPA will approve the custom fuel monitoring schedule
according to an August 14, 1987, national policy which allows the EPA
Regional offices to approve NSPS Subpart GG custom fuel monitoring
schedules on a case-by-case basis.
Abstract for [0100092]
Q: Will EPA approve a request for use of a multi-hole probe as a
modification to Reference Method 20 under NSPS Subpart GG?
A: Yes. EPA will approve the request because it believes that the
modified method could generate acceptably accurate data as long as the
multi-hole probe is designed and conforms to the tests specified in EPA
Guideline Document GD-031.
Abstract for [0100093]
Q1: Will EPA approve a custom fuel monitoring schedule for a
facility subject to NSPS Subpart GG?
A1: Yes. EPA will approve the custom fuel monitoring schedule
according to an August 14, 1987, national policy which allows the EPA
Regional offices to approve NSPS Subpart GG custom fuel monitoring
schedules on a case-by-case basis.
Q2: Will EPA exempt a new stationary gas turbine facility from
daily nitrogen testing under NSPS Subpart GG?
A2: Yes. Nitrogen monitoring shall be waived for pipeline quality
natural gas, as there is no fuel-bound nitrogen and the free nitrogen
does not contribute appreciably to NOX emissions.
Q3: Will EPA approve an alternative test method under NSPS Subpart
GG?
A3: Yes. In accordance with an April 26, 1991, memorandum from
EPA's Office of Air Quality Planning and Standards, ``length of stain''
detector tubes will be allowed in cases where fuel gas sulfur content
is well below the standard level.
[[Page 14939]]
Abstract for [0100094]
Q: Will EPA approve a custom fuel monitoring schedule for a
facility subject to NSPS Subpart GG?
A: Yes. EPA will approve the custom fuel monitoring schedule
according to an August 14, 1987, national policy which allows the EPA
Regional offices to approve Subpart GG custom fuel monitoring schedules
on a case-by-case basis.
Abstract for [0100095]
Q: Will EPA approve a custom fuel monitoring schedule for a
facility subject to NSPS Subpart GG?
A: Yes. EPA will approve the custom fuel monitoring schedule
according to an August 14, 1987, national policy which allows the EPA
Regional offices to approve NSPS Subpart GG custom fuel monitoring
schedules on a case-by-case basis.
Abstract for [0100096]
Q: Will EPA approve an alternate test performance procedure for
stacks whose sampling ports are located 39 inches rather 60 inches from
the top of the stacks?
A: Yes. EPA will approve sampling at 39 inches from the top of the
stacks as long as the facility can demonstrate in accordance with
Method 1 that there is a consistent stack flow and there is no cyclonic
flow.
Abstract for [0100097]
Q1: Will EPA approve a custom fuel monitoring schedule for a
facility subject to NSPS Subpart GG?
A1: Yes. EPA will approve the custom fuel monitoring schedule
according to an August 14, 1987, national policy which allows the EPA
Regional offices to approve Subpart GG custom fuel monitoring schedules
on a case-by-case basis.
Q2: Will EPA exempt a new stationary gas turbine facility from
daily nitrogen testing under NSPS Subpart GG?
A2: Yes. Nitrogen monitoring shall be waived for pipeline quality
natural gas, as there is no fuel-bound nitrogen and the free nitrogen
does not contribute appreciably to NOX emissions.
Q3: Under NSPS Subpart GG, will EPA approve an alternate load test
procedure for a facility whose permit does not allow operation of
turbines below 75% load rate?
A3: Yes. EPA approves testing at four points in the normal
operating range between 75% and 100% of peak load.
Abstract for [0100098]
Q: Will EPA approve a custom fuel monitoring schedule for a
facility subject to Subpart GG?
A: Yes. EPA will approve the custom fuel monitoring schedule
according to an August 14, 1987, national policy which allows the EPA
Regional offices to approve NSPS Subpart GG custom fuel monitoring
schedules on a case-by-case basis.
Abstract for [0100099]
Q: Under NSPS Subpart GG, will EPA approve a request to eliminate
submission of sulfur monitoring data and allow monitoring of sulfur
level on a semi-annual basis?
A: Yes. EPA will approve the request. Based on sulfur analyses
submitted it appears that the gas used consistently meets the
regulatory definition for natural gas. Although it does not appear to
be pipeline natural gas, it is very low in sulfur and much cleaner than
the sulfur standard of 0.8 percent by weight. The semi-annual
monitoring results must be retained by the facility's owner.
Abstract for [0100100]
Q: Will EPA approve a custom fuel monitoring schedule for a
facility subject to NSPS Subpart GG?
A: Yes. EPA will approve the custom fuel monitoring schedule
according to an August 14, 1987, national policy which allows the EPA
Regional offices to approve NSPS Subpart GG custom fuel monitoring
schedules on a case-by-case basis.
Abstract for [0100101]
Q1: Under NSPS Subpart GG, will EPA approve a request to waive the
requirement to monitor nitrogen content and sulfur content of natural
gas on a semi-annual basis?
A1: Yes. EPA will waive nitrogen monitoring for pipeline quality
natural gas, as there is no fuel-bound nitrogen and the free nitrogen
does not contribute appreciably to NOX emissions. A record
shall be maintained documenting a constant supplier or source of fuel.
If there is a change in either, the facility must notify EPA.
Q2: Under NSPS Subpart GG, will EPA approve a request to test for
fuel sulfur content using the method specified in 40 CFR part 75,
appendix D, section 2.3?
A2: Yes. EPA approves the request to use the monitoring
requirements for sulfur in 40 CFR part 75. This alternative monitoring
method may only be used when pipeline natural gas is the only fuel
being burned.
Q3: Under NSPS Subpart GG, will EPA approve a request to determine
fuel consumption at full load only as an alternative to testing at four
loads where the turbines are not expected to operate below 90%?
A3: Yes. EPA approves the request to use a single load test at full
load. However, should the operation fall below 90% of maximum load,
then testing at four loads would be required within 60 days of the new
operating level.
Abstract for [0100102]
Q: Under NSPS Subpart GG, will EPA grant a waiver of nitrogen
content testing and approval of both an alternate monitoring plan and
an alternate test method for a turbine that was inadvertently left off
an October 1996 request?
A: Yes. EPA will grant the waiver and approvals on the terms of its
determination letter of May 1, 1997.
Abstract for [0100103]
Q: Will EPA approve a custom fuel monitoring schedule for a
facility subject to NSPS Subpart GG?
A: Yes. EPA will approve the custom fuel monitoring schedule
according to an August 14, 1987, national policy which allows the EPA
Regional offices to approve Subpart GG custom fuel monitoring schedules
on a case-by-case basis.
Abstract for [0100104]
Q: Does NSPS Subpart Y apply to a bulk coal handling operation that
operates an ancillary coal screening process to separate coarse coal
from fine coal?
A: Yes. NSPS Subpart Y applies to the screening process, the
equipment used to transfer coal to and from the screening process, and
any equipment used to transfer and load coal for shipment at the
source.
Dated: March 22, 2002.
Michael M. Stahl,
Director, Office of Compliance.
[FR Doc. 02-7491 Filed 3-27-02; 8:45 am]
BILLING CODE 6560-50-P