[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: 40CFR61.53]



[Page 48-49]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

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.

    (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.



[[Page 49]]



    (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 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]