[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: 40CFR61.32]

[Page 42]
 
                   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.
    (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]

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