[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: 40CFR61.182]

[Page 141-142]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 61_NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
--Table of Contents
 
  Subpart P_National Emission Standard for Inorganic Arsenic Emissions 
    From Arsenic Trioxide and Metallic Arsenic Production Facilities
 
Sec. 61.182  Standard for new and existing sources.

    (a) Within 30 days after the effective date of this subpart, the 
owner or operator of each source to which this subpart applies shall 
identify and submit to the Administrator a list of potential sources 
(equipment and operations) of inorganic arsenic emissions.
    (b) The owner or operator shall submit a description of an 
inspection, maintenance, and housekeeping plan for control of inorganic 
arsenic emissions from the potential sources identified under paragraph 
(a) of this section. This plan shall be submitted within 90 days after 
the effective date of this subpart, unless a waiver of compliance is 
granted under Sec. 61.11. If a waiver of compliance is granted, the 
plan shall be submitted on a date set by the Administrator. Approval of 
the plan will be granted by the Administrator provided he finds that:

[[Page 142]]

    (1) It achieves the following objectives in a manner that does not 
cause adverse impacts in other environmental media:
    (i) Clean-up and proper disposal, wet-down, or chemical 
stabilization to the extent practicable (considering access and safety) 
of any dry, dusty material having an inorganic arsenic content greater 
than 2 percent that accumulates on any surface within the plant 
boundaries outside of a dust-tight enclosure.
    (ii) Immediate clean-up and proper disposal, wet-down, or chemical 
stabilization of spills of all dry, dusty material having an inorganic 
arsenic content greater than 2 percent.
    (iii) Minimization of emissions of inorganic arsenic to the 
atmosphere during removal of inorganic arsenic from the arsenic kitchen 
and from flue pulling operations by properly handling, wetting down, or 
chemically stabilizing all dusts and materials handled in these 
operations.
    (2) It includes an inspection program that requires all process, 
conveying, and air pollution control equipment to be inspected at least 
once per shift to ensure that the equipment is being properly operated 
and maintained. The program will specify the evaluation criteria and 
will use a standardized checklist, which will be included as part of the 
plan required in paragraph (b) of this section, to document the 
inspection, maintenance, and housekeeping status of the equipment and 
that the objectives of paragraph (b)(1) of this section are being 
achieved.
    (3) It includes a systematic procedure for identifying malfunctions 
and for reporting them immediately to supervisory personnel.
    (4) It specifies the procedures that will be followed to ensure that 
equipment or process malfunctions due entirely or in part to poor 
maintenance or other preventable conditions do not occur.
    (5) It includes a program for curtailing all operations necessary to 
minimize any increase in emissions of inorganic arsenic to the 
atmosphere resulting from a malfunction. The program will describe:
    (i) The specific steps that will be taken to curtail each operation 
as soon as technically feasible after the malfunction is discovered.
    (ii) The minimum time required to curtail each operation.
    (iii) The procedures that will be used to ensure that the 
curtailment continues until after the malfunction is corrected.
    (c) The owner or operator shall implement the plan required in 
paragraph (b) of this section until otherwise specified by the 
Administrator.
    (d) At all times, including periods of startup, shutdown, and 
malfunction, the owner or operator of each source to which this subpart 
applies shall operate and maintain the source including associated air 
pollution control equipment in a manner consistent with good air 
pollution control practice for minimizing emissions of inorganic arsenic 
to the atmosphere to the maximum extent practicable. Determination of 
whether acceptable operating and maintenance procedures are being used 
will be based on information available to the Administrator, which may 
include, but is not limited to, monitoring results, review of operating 
and maintenance procedures, inspection of the source, and review of 
other records.