[Code of Federal Regulations]
[Title 40, Volume 8]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR61.174]

[Page 137-138]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 61_NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
--Table of Contents
 
  Subpart O_National Emission Standard for Inorganic Arsenic Emissions 
                      From Primary Copper Smelters
 
Sec. 61.174  Test methods and procedures.

    (a) To determine compliance with Sec. 61.172(c), the owner or 
operator shall conduct emission tests and reduce the test data in 
accordance with the test methods and procedures contained in this 
section unless the Administrator:
    (1) Specifies or approves, in specific cases, the use of a reference 
method with minor changes in methodology,
    (2) Approves the use of an equivalent method,
    (3) Approves the use of an alternative method, the results of which 
he has determined to be adequate for indicating whether a specific 
source is in compliance, or
    (4) Waives the requirement for emission tests as provided in Sec. 
61.13.
    (b) The owner or operator shall conduct the emission tests required 
in paragraph (a) of this section:
    (1) After achieving the optimum operating conditions submitted under 
Sec. 60.172(b)(2)(ii)(B) for the equipment required in Sec. 
61.172(b)(1), but no later than 90 days after the effective date of this 
subpart in the case of an existing copper converter or a copper 
converter that has an initial startup date preceding the effective date, 
or
    (2) After achieving the optimum operating conditions submitted under 
Sec. 60.172(b)(2)(ii)(B) for the equipment required in Sec. 
61.172(b)(1), but no later than 90 days after startup in the case of a 
new copper converter, initial startup of which occurs after the 
effective date, or
    (3) At such other times as may be required by the Administrator 
under section 114 of the Act.
    (c) The owner or operator shall conduct each emission test under 
representative operating conditions and at sample locations subject to 
the Administrator's approval, and shall make available to the 
Administrator such records as may be necessary to determine the 
conditions of the emission test.
    (d) For the purpose of determining compliance with Sec. 61.172(c), 
the owner or operator shall use reference methods in 40 CFR part 60, 
appendix A, as follows:
    (1) Method 5 for the measurement of particulate matter,
    (2) Method 1 for sample and velocity traverses,
    (3) Method 2 for velocity and volumetric flow rate,
    (4) Method 3 for gas analysis, and
    (5) Method 4 for stack gas moisture.
    (e) For Method 5, the sampling time for each run shall be at least 
60 minutes and the minimum sampling volume shall be 0.85 dscm (30 dscf) 
except that smaller times or volumes when necessitated by process 
variables or other factors may be approved by the Administrator.
    (f) For the purpose of determining applicability under Sec. 
61.172(a), the owner or operator shall determine the converter arsenic 
charging rate as follows:
    (1) Collect daily grab samples of copper matte and any lead matte 
charged to the copper converters.
    (2) Each calendar month, from the daily grab samples collected under

[[Page 138]]

paragraph (f)(1) of this section, put together a composite copper matte 
sample and a composite lead matte sample. Analyze the composite samples 
individually using Method 108A, 108B, or 108C to determine the weight 
percent of inorganic arsenic contained in each sample.
    (3) Calculate the converter arsenic charging rate once per month 
using the following equation:
[GRAPHIC] [TIFF OMITTED] TC15NO91.053

Where:

Rc is the converter arsenic charging rate, kg/hr (lb/hr).
Ac is the monthly average weight percent of arsenic in the 
copper matte charged during the month(%) as determined under paragraph 
(f)(2) of this section.
Al is the monthly average weight percent of arsenic in the 
lead matte charged during the month(%) as determined under paragraph 
(f)(2) of this section.
Wci is the total rate of copper matte charged to a copper 
converter during the month, kg (lb).
Wli is the total rate of lead matte charged to a copper 
converter during the month, kg (lb).
Hc is the total number of hours the copper converter 
department was in operation during the month (hr).
n is the number of copper converters in operation during the month.

    (4) Determine an annual arsenic charging rate for the copper 
converter department once per month by computing the arithmetic average 
of the 12 monthly converter arsenic charging rate values (Rc) 
for the preceding 12-month period.
    (g) An owner or operator may petition the Administrator for a 
modified sampling and analysis schedule if analyses performed for the 
first 12-month period after the effective date show the source to be 
considerably below the applicability limit prescribed in Sec. 
61.172(a).

[51 FR 28029, Aug. 4, 1986, as amended at 55 FR 22027, May 31, 1990; 65 
FR 62158, Oct. 17, 2000]