(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 µg/m 3 (4.37×10−6 gr/ft 3 ), averaged over a 30-day period.
(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 µg/m 3 (4.37×10−6 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]
Title 40 published on 2012-07-01
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