[Code of Federal Regulations]
[Title 40, Volume 8]
[Revised as of July 1, 2002] 
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR61.53]

[Page 44-46]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 61--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS--Table of Contents
 
            Subpart E--National Emission Standard for Mercury
 
Sec. 61.53  Stack sampling.

    (a) Mercury ore processing facility. (1) Unless a waiver of emission 
testing is obtained under Sec. 61.13, each owner or operator processing 
mercury ore shall test emissions from the source according to Method 101 
of appendix B to this part. The emission test shall be performed--
    (i) Within 90 days of the effective date in the case of an existing 
source or a new source which has an initial start-up date preceding the 
effective date; or
    (ii) Within 90 days of startup in the case of a new source which did 
not have an initial startup date preceding the effective date.
    (2) The Administrator shall be notified at least 30 days prior to an 
emission test, so that he may at his option observe the test.

[[Page 45]]

    (3) Samples shall be taken over such a period or periods as are 
necessary to accurately determine the maximum emissions which will occur 
in a 24-hour period. No changes in the operation shall be made, which 
would potentially increase emissions above that determined by the most 
recent source test, until the new emission level has been estimated by 
calculation and the results reported to the Administrator.
    (4) All samples shall be analyzed and mercury emissions shall be 
determined within 30 days after the stack test. Each determination shall 
be reported to the Administrator by a registered letter dispatched 
within 15 calendar days following the date such determination is 
completed.
    (5) Records of emission test results and other data needed to 
determine total emissions shall be retained at the source and made 
available, for inspection by the Administrator, for a minimum of 2 
years.
    (b) Mercury chlor-alkali plant--hydrogen and end-box ventilation gas 
streams. (1) Unless a waiver of emission testing is obtained under 
Sec. 61.13, each owner or operator employing mercury chlor-alkali 
cell(s) shall test emissions from hydrogen streams according to Method 
102 and from end-box ventilation gas streams according to Method 101 of 
appendix B to this part. The emission test shall be performed--
    (i) Within 90 days of the effective date in the case of an existing 
source or a new source which has an initial startup date preceding the 
effective date; or
    (ii) Within 90 days of startup in the case of a new source which did 
not have an initial startup date preceding the effective date.
    (2) The Administrator shall be notified at least 30 days prior to an 
emission test, so that he may at his option observe the test.
    (3) Samples shall be taken over such a period or periods as are 
necessary to accurately determine the maximum emissions which will occur 
in a 24-hour period. No changes in the operation shall be made, which 
would potentially increase emissions above that determined by the most 
recent source test, until the new emission has been estimated by 
calculation and the results reported to the Administrator.
    (4) All samples shall be analyzed and mercury emissions shall be 
determined within 30 days after the stack test. Each determination shall 
be reported to the Administrator by a registered letter dispatched 
within 15 calendar days following the date such determination is 
completed.
    (5) Records of emission test results and other data needed to 
determine total emissions shall be retained at the source and made 
available, for inspection by the Administrator, for a minimum of 2 
years.
    (c) Mercury chlor-alkali plants--cell room ventilation system. (1) 
Stationary sources using mercury chlor-alkali cells may test cell room 
emissions in accordance with paragraph (c)(2) of this section or 
demonstrate compliance with paragraph (c)(4) of this section and assume 
ventilation emissions of 1.3 kg/day (2.9 lb/day) of mercury.
    (2) Unless a waiver of emission testing is obtained under 
Sec. 61.13, each owner or operator shall pass all cell room air in force 
gas streams through stacks suitable for testing and shall test emissions 
from the source according to Method 101 in appendix B to this part. The 
emission test shall be performed--
    (i) Within 90 days of the effective date in the case of an existing 
source or a new source which has an initial startup date preceding the 
effective date; or
    (ii) Within 90 days of startup in the case of a new source which did 
not have an initial startup date preceding the effective date.
    (3) The Administrator shall be notified at least 30 days prior to an 
emission test, so that he may at his option observe the test.
    (4) An owner or operator may carry out approved design, maintenance, 
and housekeeping practices. A list of approved practices is provided in 
appendix A of ``Review of National Emission Standards for Mercury,'' 
EPA-450/3-84-014a, December 1984. Copies are available from EPA's 
Central Docket Section, Docket item number A-84-41, III-B-1.
    (d) Sludge incineration and drying plants. (1) Unless a waiver of 
emission

[[Page 46]]

testing is obtained under Sec. 61.13, each owner or operator of a source 
subject to the standard in Sec. 61.52(b) shall test emissions from that 
source. Such tests shall be conducted in accordance with the procedures 
set forth either in paragraph (d) of this section or in Sec. 61.54.
    (2) Method 101A in appendix B to this part shall be used to test 
emissions as follows:
    (i) The test shall be performed within 90 days of the effective date 
of these regulations in the case of an existing source or a new source 
which has an initial startup date preceding the effective date.
    (ii) The test shall be performed within 90 days of startup in the 
case of a new source which did not have an initial startup date 
preceding the effective date.
    (3) The Administrator shall be notified at least 30 days prior to an 
emission test, so that he may at his option observe the test.
    (4) Samples shall be taken over such a period or periods as are 
necessary to determine accurately the maximum emissions which will occur 
in a 24-hour period. No changes shall be made in the operation which 
would potentially increase emissions above the level determined by the 
most recent stack test, until the new emission level has been estimated 
by calculation and the results reported to the Administrator.
    (5) All samples shall be analyzed and mercury emissions shall be 
determined within 30 days after the stack test. Each determination shall 
be reported to the Administrator by a registered letter dispatched 
within 15 calendar days following the date such determination is 
completed.
    (6) Records of emission test results and other data needed to 
determine total emissions shall be retained at the source and shall be 
made available, for inspection by the Administrator, for a minimum of 2 
years.

[38 FR 8826, Apr. 6, 1973, as amended at 40 FR 48302, Oct. 14, 1975; 47 
FR 24704, June 8, 1982; 50 FR 46294, Nov. 7, 1985; 52 FR 8726, Mar. 19, 
1987; 65 FR 62151, Oct. 17, 2000]