[Code of Federal Regulations]

[Title 40, Volume 8]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR61.32]



[Page 44-45]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 61_NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS--Table 

of Contents

 

           Subpart C_National Emission Standard for Beryllium

 

Sec.  61.32  Emission standard.



    (a) Emissions to the atmosphere from stationary sources subject to 

the provisions of this subpart shall not exceed 10 grams (0.022 lb) of 

beryllium over a 24-hour period, except as provided in paragraph (b) of 

this section.

    (b) Rather than meet the requirement of paragraph (a) of this 

section, an owner or operator may request approval from the 

Administrator to meet an ambient concentration limit on beryllium in the 

vicinity of the stationary source of 0.01 [micro]g/m \3\ 

(4.37x10-6 gr/ft \3\), averaged over a 30-day period.



[[Page 45]]



    (1) Approval of such requests may be granted by the Administrator 

provided that:

    (i) At least 3 years of data is available which in the judgment of 

the Administrator demonstrates that the future ambient concentrations of 

beryllium in the vicinity of the stationary source will not exceed 0.01 

[micro]g/m \3\ (4.37x10-6 gr/ft \3\), averaged over a 30-day 

period. Such 3-year period shall be the 3 years ending 30 days before 

the effective date of this standard.

    (ii) The owner or operator requests such approval in writing within 

30 days after the effective date of this standard.

    (iii) The owner or operator submits a report to the Administrator 

within 45 days after the effective date of this standard which report 

includes the following information:

    (a) Description of sampling method including the method and 

frequency of calibration.

    (b) Method of sample analysis.

    (c) Averaging technique for determining 30-day average 

concentrations.

    (d) Number, identity, and location (address, coordinates, or 

distance and heading from plant) of sampling sites.

    (e) Ground elevations and height above ground of sampling inlets.

    (f) Plant and sampling area plots showing emission points and 

sampling sites. Topographic features significantly affecting dispersion 

including plant building heights and locations shall be included.

    (g) Information necessary for estimating dispersion including stack 

height, inside diameter, exit gas temperature, exit velocity or flow 

rate, and beryllium concentration.

    (h) A description of data and procedures (methods or models) used to 

design the air sampling network (i.e., number and location of sampling 

sites).

    (i) Air sampling data indicating beryllium concentrations in the 

vicinity of the stationary source for the 3-year period specified in 

paragraph (b)(1) of this section. This data shall be presented 

chronologically and include the beryllium concentration and location of 

each individual sample taken by the network and the corresponding 30-day 

average beryllium concentrations.

    (2) Within 60 days after receiving such report, the Administrator 

will notify the owner or operator in writing whether approval is granted 

or denied. Prior to denying approval to comply with the provisions of 

paragraph (b) of this section, the Administrator will consult with 

representatives of the statutory source for which the demonstration 

report was submitted.

    (c) The burning of beryllium and/or beryllium-containing waste, 

except propellants, is prohibited except in incinerators, emissions from 

which must comply with the standard.



[38 FR 8826, Apr. 6, 1973, as amended at 65 FR 62151, Oct. 17, 2000]