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Citation: 39 Fed. Reg. 20790 1974

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RULES AND REGULATIONS

thereunder, shall document that (1) anyloan which might be obtained under pro-visions of such Act would not be avail-able on reasonable terms as defined in§ 39.105-5 of this Part; or (ii) The Farm-ers Home Administration has, pursuantto its authority under such Act, deniedloan assistance to the public body for thenon-Federal share of total project costs.

(e) The application shall include adetailed schedule of estimated revenuesfor the treatment worl system andtheir disposition over the life of the obli-gations which the Authority Is requestedto purchase. The schedule shall showthat sufficient amounts will be availableto meet each'payment of principal andinterest on such obligations and to pro-vide for reasonable reserves for futurepayments. The Regional Administratorshall not certify that such obligationare eligible for purchase by the Author-ity unless he determines it Is reasonableto anticipate that adequate revenues willbe available.

f) The application shall be accom-panied by a legal' opinion establishingthat the applicant has legal authorityto obligate itself for payment of the non-Federal share, to construct the proj-ect(s) and to Issue the obligations, andthat the obligations will be legal andbinding obligations.

(g) The Regional Administrator mayrequire the submission of additionalfinancial or other information which heconsiders necessary.§ 39.115 Limitation on assistance

The amount of any grant, loan, orother assistance available from anotherFederal agency, a State, or other thirdparties for the non-Federal share of aproject will be deducted from theamount which would be otherwisefinanced by the Authority, unless suchassistance is not available on reasonableterms.§ 39.118 Repayment period.

The repayment period for any obliga-tion financed by the Authority shall befor a reasonable term not to exceed theuseful life of the project or thirty years,whichever is less.§ 39.120 Certification.

(a) Upon being satisfied that the re-quirement of the Environmental Financ-ing Act and of these regulations havebeen fulfilled, the Regional Administra-tor may certify to the Authority, throughthe Administrator, that the public bodyis unable to obtain on reasonable termssufficient credit to finance the non-Fed-eral share of the project and that theobligations proposed to be issued to theAuthority are otherwise eligible for pur-chase by It, provided that no such certi-fication may be made in the case of aproject for which the permanent financ-ing occurred prior to October 18, 1972.

(b) The public body receiving certifi-cation must agree to:

(1) Maintain the facilities in good re-pair and operating condition during theperiod In which obligations financed bythe Authority are outstanding.

(2) Maintain insurance and bondingadequate to protect the guarantor.

(3) Maintain and preserve until 3years after the obligations financed bythe Authority have been retired financial.reports , (including annual operatingbudgets) necessary to reflect receipt ofrevenues for repayment.

(4) Adopt a financial system designedto provide revenues adequate to assurerepayment of principal and Interest ofobligations financed by the Authority.Such financial systems must be com-parable to the capital cost recovery sys-tem relating to the Federal share ofproject costs in accordance with section204(b) of the Act.

(5) Notify the Regional Administratoror his successor whenever it appears thatprojected annual revenues will be in-sufficient to meet payments for principal,interest, and operating costs.

(6) Revise its rate or rate structurewith the approval of the Regional Ad-ministrator or his successor wheneversuch revisions are required to assure thatannual revenues will be sufficlent to meetprojected operating costs and requiredpayments of principal and interest.

(7) The enforcement of the foregoingconditions by the Regional Adm stra-tor or his successor in a court of compe-tent jurisdiction.

(c) If the public body receiving certifi-cation will not be the operating agency,then such public body must produce evi-dence satisfactory to the Regional Ad-ministrator that the operating agencywill meet the applicable requirements ofparagraph (b) of this section.

(d) Obligations guarant~ed by the Ad-ministrator may be subordinate to ob-ligations issued prior to October 18, 1972.pursuant to Instruments requiring suchsubordination. The Regional Adminis-trator may consider a request for guar-antee of obligations which wil haveequal standing with obligations whichare Issued to finance costs directly as-sociated with the project but which arenot eligible for guarantee by theAdministrator.§ 39.125 Guarantee.

The- Administrator hereby uncondi-tionally guarantees pursuant to section12(e) (2) of the Act to the-Authority andits successors or assigns full and timelypayment of interest and principal In ac-cordance with the terms of any obliga-tion purchased by or Issued to the Au-thority in reliance on any certificationgranted by a Regional Administratorpursuant to § 39.120.

IFR Doc.7--13632 Filed 6-13-74;8:45 am]

SUBCHAPTER C-AIR PROGRAMS

PART 60-STANDARDS OF PERFORM-ANCE FOR NEW STATIONARY SOURCES

Miscellaneous AmendmentsOn December 23, 1971 (36 FR 24876),

pursuant to section 111 of the Clean AirAct, as amended, the Administratorpromulgated subpart A, General Provl-sions, and subparts D, E, F, G, and Hwhich set forth standards of performance

for new and modified facilities withinfive categories of stationary sources: (1),Fossil fuel-fired steam generators, (2)incinerators, (3) portland cement plants,(4) nitric acid plants, and (5) sulfurloacid plants. Corrections to these stand-ards were published on July 26, 1972 (37FR 14877), and on May 23, 1973 (38 FR13562). On October 15, 1973 (38 F28564), the Administrator amended sub-part A, General Provisions, by addingprovisions to regulate compliance withstandards of performance during startup,shutdown, and malfunction. On March 8,1974 (39 FR 9308), the Administratorpromulgated Subparts I, J, X, L, M, N,and 0 which set forth standards of per-formance for new and modified facilitieswithin seven categories of stationarysources: (1) Asphalt concrete plants, (2)petroleum refineries, (3) storage vesselsfor petroleum liquids, (4) secondarylead smelters, (5) brass and bronze ingotproduction plants, (6) Iron and steelplants, and (7) sawage treatment plants.In the same publication, the Adminsra-tor also promulgated amendments tosubpart A, General Provisions. Correc-Mions to these standards were publishedon April 17, 1974 (39 FR 13776).

Subpart D, E, F, G, and H are revisedbelow to be consistent with the October15, 1973, and March 8, 1974, amendmentsto subpart A. At the same time, changesin wording are made to clarify the regu-lations. These amendments do not mod-Ify the control requirements of thestandards of performance. Also, to bpconsistent with the Administrator's pol-icy of converting to the metric system,the standards of performance and other,numerical entries, which were originallyexpressed in English units, are convertedto metric units. Some of the numericalentries are rounded after conversion tometric units. It should be noted that thenumerical entries In the referencemethods in the appendix will be changedto metric units at a later date.

The new source performance standardspromulgated March 8, 1974, applicableto petroleum storage vessels, Includedwithin their coverage storage vesels Inthe 40,000 to 65,000 gallon size range.The preamble to that publication dis-cussed the fact that vessels of that sizohad not been included In the proposedrule, and set forth the reasons for theirsubsequent inclusion. However, throughoversight, nothing was set forth In theregulations or preamble prescribing theeffective date of the standards as tovessels within the 40,000 to 65,000 gallonrange.

Section lll(a) (2) of the Act specifiesthat only a source for which construc-tion is commenced after the date onwhich a pertinent new source standardis prescribed Is subject to the standardunless the source was covered by thestandard as proposed. In this case, thedate of prescription or promulgation ofthe standard is clearly the operative datesince there was no proposal date. Ac-cordingly, § 60.1 Is amended below toconform to the language of section 111Ca) (2), and all persons are advisedhereby that the provisions of Part 60

FEDERAL REGISTER, VOL 39, NO. 116-FRIDAY, JUNE 14, 1974

20790


promulgated March 8, 1974, apply tostorage vessels for petroleum liquids inthe 40,000 to 65,000 gallon size range forwhich construction Is commenced on orafter that date.

On March 8, 1974, J 60.7(d) was addedto require owners and operators to re-tain all recorded information, Includingmonitoring and-performance testingmeasurements, required by the regula-tions for at least 2 years after the dateon which the information was recorded.This requirement Is therefore deletedfrom Subparts D, E, F, G, and H specificto each new source in this group to avoidrepetition. On March 8, 1974, the defini-tions of "particulate matter" and "run"were added to § 60.2. Therefore the defi-nition of "particular matter" is removedfrom Subparts D, E, F, G, and IL andthe term "repetition," used in these sub-parts in sections pertinent to perform-ance tests, is changed to "run."

On October 15, 1973, § 60.8(c) was re-vised to require, that performance testsbe conducted under conditions specifiedby the Administrator based on represent-ative performance of the affected fa-cility. For that reason, the sections inSubparts D, E, F, G, and H specifyingoperating conditions to be met duringperformance tests are deleted.

Sections 60.40, 60.41(b) and 60.42(a)(1) are revised to clarify that the per-formance standards for steam generatorsdo not apply when an existing unitchanges to accommodate the use of com-bustible materials other than fossil fuelas definedIn § 60.41(b).Sections 60.41(a) and 60.51(a) are re-vised to eliminate the requirement that aunit have a "primary" purpose. Thischange is intended to prevent circum-vention of a standard by simply definingthe primary purpose of a unit as some-thing other than steam production orreducing the volume of solid waste.

In J 60.46, A.S.T.M Methods D2015-66 (Reapproved 1972), D240-64 (Reap-proved 1973), and D1826-64 (Reapproved1970) are specified for measuring heat-ing value. Prior to this issue no methodwas specified for determining heatingvalue.

The phrase "maximum 2-hour aver-age" in the standards of performanceprescribed in §§ 60.42, 60.52, 60.62, 60.72,and 60.82 is deleted. Concurrently, In§§ 60.46, 60.54, 60.64, and 60.85 the sam-pling time requirements for particulatematter and acid mist are changed from aminimum of 2 hours to a minimum of 60minutes per rim. The phrase "maximum2-hour average" is not consonant with§ 60.8(f) which requires that compliancebe determined by averaging the results ofthree runs. Results from performancetests conducted at power plants andother sources have not shown any de-crease in the accuracy or precision of1-hour samples as compared with 2-hoursamples, and therefore the extra hourrequired to sample for 2 hours is notjustified. The time interval between sam-ples for sulfur dioxide and nitrogenoxides was originally established so thatone nm would be completed at approx-

imately the same time as the particulatematter run. To maintain this relation-ship, the sampling intervals specified in§ 60.46 and 60.74 are shortened to beconsistent with the 60-minute-per-runrequirement.

The requirement prescribed in §§ 60A6,60.64, 60.74 and 60.85 for using "suit-able flow meters" for measuring fuel andproduct flow rates is deleted. Such metersmay be used if available, but other suit-able methods of determining the flowrate of fuel or product during the testperiod may also be used.

A procedure specifying how to allow forcarbon dioxide absorption in a wet scrub-ber and a formula for correcting par-ticulate matter emissions to a basis of12 percent CO. are added to 1 60.54.

In anticipation of adding other ap-pendices, the present appendix to Part60 Is being retiteil "Appendix A-Refer-ence Methods." The definitions of "ref-erence method" and "particulate matter"are amended to be consistent with thischange.

In the regulations in Subpart X set-ting forth the performance standard forstorage vessels for petroleum liquids, thedefinition of "crude petroleum" was to

'have been changed to be consistent withthe definition of "petroleum" In SubpartJ. This change was Inadvertently notmade in 39 FR 9308 and thus §§ 60.110and 60.111 are amended by replacingthe term "crude petroleum" with"petroleum."

The remaining structural and word-Ing changes are made for purposes ofclarification.

On June 29, 1973, the U.S. Court ofAppeals for the District of Columbia re-manded to EPA for further considerationthe new source performance standardsfor portland cement plants. PortlandCement Association v. Ruckelshaus, 486F.2d 375. On September 10, 1973, thesame Court remanded to EPA for fur-ther consideration the new source per-formance standards for sulfuric acidplants and coal-fired steam electric gen-erators. Essex Chemical Co. v. Ruckels-haus, 486 F.2d 427. The Agency has notcompleted Its consideration with respectto the remanded standards. Theseamendments are not intended to consti-tute a response to the remands. At thetime the Agency completes its considera-tion with respect to the remanded stand-ards, it will publicly announce Its deci-sion and at that time if any revisions ofthe standards are deemed necessary ordesirable, will make such revisions.

These actions are effective on June 14,1974. The Agency finds good cause existsfor not publishing these actions as a no-tice of proposed rulemaldng and formaking them effective immediately uponpublication for the following reasons:

1. These actions are intendced !fr clar-Ification and for maintaining consistencythroughout the regulations. They are notintended to alter the substantive con-tent of the regulations.

2. Immediate effectiveness of the ac-tions enables the sources involved to pro-ceed with certainty in conducting theiraffairs, and persons wishing to seek Ju-

diclal review of. the actions may do sowithout delay.(421 .8.C. 1857 (o) (a) and (9))

Dated: June 10,1974.JoM" QUA a ,

Acting Adminfstrator.Part 60 of Chapter 1, Title 40 of the

Code of Federal Regulations is amendedas follows:

1. Section 60.1 is revised to read asfollows:

60.1 Applicability.The provisions of this part apply to

the owner or operator of any stationaryisource which contains an affected fa-cility the construction or modification ofwhich Is commenced after the date ofpublication in this part of any standard(or, if earlier, the date of Publication ofany proposed standard) applicable tosuch facility.

2. Section 60,2 is amended by revisingparagraphs (s) and v) as follows:

§ 60.2 Definitions.

(s) "Reference method" means anymethod of sampling and analyzing foran air pollutant as described in Ap-pendixAto this part.

v) Particulate matter" means anyfinely divided solid or liquid material,other than uncombined water, as meas-ured by Method 5 of Appendix A to thisprt or an equivalent or alternativemethod.

3. Section 60.40 is revised to read asfollows:§ 60.40 Applica]ility and designation of

affected facility.The provisions of this subpart are ap-

plicable to each fossil fuel-Ared steamgenerating unit of more tha 63 millionkcal per hour heat input (250 million Btuper hour), which is the affected facility.Any change to an existing fossil fuel-fired steam generating unit to accommo-date the use of combustible materials,other than fossil fuels as defined in thissubpart, shall not bring that unit underthe applicability of this subpart

4. Section 60.41 is amendedby deleting"primary" n paragraph (a), revisingparagraph (b), and deleting paragraphCc). As amended, 1 60.41 reads as follows:§ 60.41 Definitions.

As used in this subpart, all terms notdefined herein shall have the meaninggiven them n the Act, and in subpart Aof this part.

(a) "Fossil fuel-fired steam generat-ing unit" means a furnace or boiler usedIn the process of burning fossil fuel forthe purpose of producing steam by heattransfer.

(b) "Fossil fuel" means natural gas,petroleum, coal, and any form of solid,liquid, or gaseous fuel derived from suchmaterials for the purpose of creating use-ful heat,

FEDERAL REGISTER, VOL 39, NO. 116--FRIDAY, JUNE 14, 1974

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§ 60.42 Standard for particulate matter.

(a) On and after the date on whichthe performance test required to be con-ducted by § 60.8 is completed, no owneror operator subject to the provisions ofthis subpart shall cause to be dischargedinto the atmosphere from any affectedfacility any gases which:

(1) Contain particulate matter in ex-cess of 0.18 g per million cal heat input(0.10 lb per million Btu) derived fromfossil fuel.

(2) Exhibit greater than 20 percentopacity except that a maximum of 40percent opacity shall be permissible fornot more than 2 minutes in any hour.Where the presence of uncombined wateris the only reason for failure to meet therequirements of this paragraph, suchfailure will not be a violation of this sec-tion.


§ 60.43 Standard for sulfur dioxide.

(a) On and after the date on whichthe performance test required to be con-ducted by § 60.& is completed, no owneror operator subject to the provisions ofthis subpart shall cause to be dischargedinto the atmosphere from any affectedfacility any gases which contain sulfurdioxide in excess of:

(1) 1.4 g per million cal heat input(0.80 lb per million Btu) derived fromliquid fossil fuel.

(2) 2.2 g per million cal heat input(1.2 lb per million Btu) derived fromsolid fossil fuel.

(b) When different fossil fuels areburned simultaneously in any combina-tion, the applicable standard shall be.determined by proration using the fol-lowing formula:

y(1.4) +z(2.2)

y+zwhere:

y Is the percentage of total heat input de-rived from liquid fossil fuel, and

z is the percentage of total heat input de-rived from solid fossil fueL

(c) Compliance shall be based on thetotal heat input from anl fossil fuelsburned, including gaseous fuels.


§ 60.44 Standard for nitrogen oxides.

(a) On and after the date on whichthe performance test required to be con-ducted by § 60.8 is completed, no owneror operator subject to the provisions ofthis subpart shall cause to be dischargedinto the atmosphere from any affectedfacility any gases which contain nitro-gen oxides, expressed as NO. in excess of:

(1) 0.36 g per million cal heat input(0.20 lb per million Btu) derived fromgaseous fossil fueL

(2) 0.54 g per million cal heat input(0.30 lb per million Btu) derived fromliquid fossil fueL

(3) 1.26 g per million cal heat input(0.70 lb per million Btu) derived fromsolid fossil fuel (except lignite).

(b) When different fossil fuels areburned simultaneously in any combina-tion, the applicable standard shall bedetermined by proration. Complianceshall be determined by using the follow-Ing formula:

x(O.36) +y(O.54) +z(I.26)

x+y+zwhere:

x is the percentage of total heat input de-rived from gaseous fossil fuel,

y is the percentage of total heat input de-. rived from liquid fossil fuel, and

z is the percentage of total heat input de-rived from solid fossil fuel (exceptlignite).

§ 60.45 [Amended]

8. Section 60.45 is amended by delet-ing and reserving paragraph (f).


§ 60.46 Testmethods and procedures.

(!a) The reference methods in Ap-pendix A to this part, except as providedfor in § 60.8(b), shall be used to deter-.mine compliance with the standardsprescribed in §§ 60.42, 60.43, and 60.44as follows:

( 1) Method 1 for sample and velocitytraverses;

(2) Method 2 for velocity and volu-metric flow rate;

(3) Method 3 for gas analysis;(4) Method 5 for the concentration of

particulate matter and the associatedmoisture content;

(5) Method 6 for the concentrationof SO.; and

(6) Method 7 for the concentrationof NO-.

(b) For Method 5, the sampling timefor each run shall be at least 60 min-utes and the minimum sample volumeshall be 0.85 dscm (30.0 dscf) exceptthat smaller sampling times or samplevolumes, when necessitated by processvariables or other factors, may be ap-proved by the Administrator.

(c) For Methods 6 and 7, the samplingsite shall be the same as that for deter-mining volumetric flow rate. The sam-pling point in the duct shall be at thecentroid of the cross section or at apoint no closer to the walls than 1 m(3.28 ft).

(d) For Method 6, the minimum sam-pling time shall be 20 minutes and theminimum sample volume shall be 0.02dscm (0.71 dscf) except that smallersampling times or sample volumes, whennecessitated by process variables orother factors, may be approved by theAdministrator. The sample shall be ex-tracted at a rate proportional to the gasvelocity at the sampling point. Thearithmetic average of two samples shallconstitute one run. Samples shall betaken at approximately 30-minutentervals.

(e) For Method 7, each run shall con-sist of at least four grab samples taken

at approximately 15-minute intervals.The arithmetic mean of the samplesshall constitute the run values.

(f) Heat input, expressed in cal perhr (Btu/hr), shall be determined dur-ing each testing period by multiplyingthe heating value of the fuel by therate of fuel burned. Heating value shallbe determined in accordance withA.S.T.M. Method D2015-66 (Reapproved1972), D240-64 (Reapproved 1973), orD1826-64 (Reapproved 1970). The rateof fuel burned during each testing periodshall be determined by suitable methods,and shall be confirmed by a materialbalance over the steam generationsystem.

(g) For each run, emissions expressedin g/million cal shall be determined bydividing the emission rate in g/hr bythe heat input. The emission rate shallbe determined by the equation g/hr=Qs x c where'Qs =volum-etric flow rateof the total effluent in dscm/hr as deter-mined for each run in accordance withparagraph (a) (2) of this section

(1) For particulate matter, c=partid-uIate concentration in g/dscm. as deter-mined in accordance with paragraph(a) (4) of this section.

(2) For SO2, c=SO2 concentration ing/dscm, as determined in accordancewith paragraph (a) (5) of this section.

(3) For NOx, c=NOx concentration ing/dscm, as determined in accordancewith paragraph (a) (6) of this section.


§ 60.50 Applicability and designation ofaffected facility.

The provisions of this subpart are ap-plicable to each incinerator of more than45 metric tons per day charging rate(50 tons/day), which is the affectedfacility.

§ 60.51 [Amended]

11. Section 60.51 is amended by strik-Ing the word "primary' in. paragraph(a) and by deleting paragraph (d).

12., Section 60.52 is revised to readas follows:

§ 60.52 Standard for particulate matter.

(a) On and after the date on whichthe performance test required to be con-ducted by § 60.8 is completed, no owneror operator subject to the provisions ofthis part shall cause to be dischargedinto the atmosphere from any affectedfacility any gases which contain par-ticulate matter in excess of 0.18 g/dscm(0.08 gr/dscf) corrected to 12 percentCO


§ 60.53 Monitoring of operations.

(a) The owner or operator of any in-cinerator subject to the provisions of thispart shall record the daily charging ratesand hours of operation.


FEDERAL REGISTER, VOL. 39, NO. 116-FRIDAY, JUNE 14, 1974

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§ 60.54 Test methods and procedures.

(a) The reference methods in Ap-pendix A to this part, except as providedfor in § 60.8(b), shall be used to deter-mine compliance with the standard pre-scribed in § 60.52 as follows:(1) Method 5 for the concentration of

particulate matter and the associatedmoisture content;

(2) Method 1 for sample and velocitytraverses;

(3) Method 2 for velocity and volu-metric flow rate; and

(4) Method 3 for gas analysis and cal-culation of excess air, using the inte-grated sample technique.(b) For method 5, the sampling time

for each run shall be at least 60 minutesand the minimum sample volume shallbe 0.85 dscm (30.0 dscf) except thatsmaller sampling times or sample vol-umes, when necessitated by process vari-ables or other factors, may be approvedby the Administrator.(c) If a wet scrubber is used, the gas

analysis sample shall reflect flue gas con-ditions after the scrubber, allowing forcarbon dioxide absorption by samplingthe gas on the scrubber inlet and outletsides according to either the procedureunder paragraphs (c) (1) through (c) (5)of this section or the procedure underparagraphs (c) (1), (ce) (2) and (c) (6)of this section as follows:

(I) The outlet sampling site shall bethe same as for the particulate mattermeasurement. The inlet site, shal beselected according to Method 1, or asspecified bythe Administrator.

(2) Randomly select 9 sampling pointswithin the cross-section at both the inletand outlet sampling sites. Use the firstset of three for the first run, the secondset for the second run, and the third setfor the third ran.

(3) Simultaneously with each par-ticulate matter run, extract and analyzefor CO, an integrated gas sample accord-ing to Method 3. traversing the threesample points and sampling at eachpoint for equal Increments of time. Con-duct the runs at both inlet and outletsampling sites.

(4) Measure the volumetric flow rateat the inlet during each particulate mat-ter run according to Method 2, using thefull number of traverse points. For theinlet make two full velocity traverses ap-proximately one hour apart during eachrun and average the results. The outletvolumetric flow rate may be determinedfrom the particulate matter run'(Method 5).

(5) Calculate the adjusted CO. per-centage using the following equation:

.(% C)al=(% COS) dl (Qd/Q.)where:

(% C02).dj is the adjusted C02 percentagewhich removes the effect ofM0 absorption and dilution

aIr,(% C02) dl is the percentage of CM2 mear-

tred before the scrubber, drybasis,

Qe Is the volumetric flow rate be-fore the scrubber, average oftwo runs, dscf/mI. (usingMethod 2). and


Q', is the volumetric flow rate afterthe rcrubber, dz"rfmtn (us-lug Methods 2 and 5).

(6) Alternatively, the following pro-cedures may be substituted for the pro-cedures under paragraphs (c) (3), (4).and (5) of this section:

(I) Simultaneously with each particu-late matter run, extract and analyze forCO., 0., and N2 an integrated gas sampleaccording to Method 3, traversing thethree sample points and sampling forequal increments of time at each point.Conduct the runs at both the inlet andoutlet sampling sites.

(II) After completing the analysis ofthe gas sample, calculate the percentageof excess air % EA) for both the inletand outlet sampling sites using equation3-1 in Appendix A to this part.

(Ill) Calculate the adjusted CO, per-centage using the following equation:

C02 al=(10 C2 FAt10+ (17 A)' I

where:(j CO).sl Is the adjusted outlet COi per-

centage,(% C02)di IS the perCentage of CO mCs-

ured before the ccrubber. drybasIs,

(% FA) i Is the percentage of excess airat the Inlet, and

(17 EA). Is the percents,-e of excEss airat the outlet.

(d) Particulate matter emissions, ex-pressed In g/dscm, shall be corrected to12 percent CO, by using the followingformula:

12a

where:on Is the concentration of particulate

matter corrected to 12 percentCQ4-

o Is the concentratlon of particulatematter as measured by Method s,and

7 CCI, is the percentage of COs as mes-ured by Method 3, or when ap-plicable, the adjusted outlet Cspercentage as determined byparagrapW 1(c) of this section.

§ 60.61 [Amended]15. Section 60.61 is amended by delet-

ing paragraph (b).16. Section 60.62 is revised to read as

follows:§ 60.62 Standard for particulate matter.

(a) On and after the date on whichthe performance test required to be con-ducted by § 60.8 is completed, no owneror operator subject to the provisions ofthis subpart shall cause to be dischargedinto the atmosphere from any kiln anygases which:

(1) Contain particulate matter in ex-cess of 0.15 kg per metric ton of feed(dry basis) to the kiln (0.30 lb per ton).

(2) Exhibit greater than 10 percentopacity.

(b) On and after the date on whichthe performance test required to be con-ducted by 1 60.8 is completed, no owneror operator subject to the provisions ofthis subpart shall cause to be discharged

20793

into the atmosphere from any clinkercoolcr any gases which:

(1) Contain particulate matter in ex-ces of 0.050 kg per metric ton of feed(dry basis) to the iln (0.10 lb per ton).

(2) Exhibit 10 percent opacity, orgreater.

(c) On and after the date on whichthe performance test required to be con-ducted by § 60.8 Is completed, no owneror operator subject to the provisions ofthis subpart rhall cause to be dischargedinto the atmosphere from any affectedfacility other than the kiln and clinkercooler any gases which exhibit 10 percentopacity, or greater.

(d) Where the presence of uncom-bined water is the only reason for failureto meet the requirements of paragraphs(a) (2), (b) (2), and (c), such failurewllnot be a violation of this section.

17. Section 60.63 is revised to read asfollows:§ 60.63 Monitoring of operations.

(a) The owner or operator of. anyportland cement; plant subject to the pro-visions of this part shall record the dailyproduction rates and kiln feed rates.

18. Section 60.64 is revised to read asfollows:§60.64 TCest methods and proccdres. I

(a) The reference methods in Appen-dix A to this part, except; as provided forin § 60.8(b), shall be used to determinecompliance with the standards pre-scribed in § 60.62 as follows:

(1) Method 5 for the concentrationof particulate matter and the associatedmoisture content;


(3) Method 2 for velocity and vole-metdc flow rate; and

(4) Method 3 for gas analysis(b) For Method 5. the minimu sam-

piing time and mininum sample volumefor each run, except when process varia-bles or other factors justify otherwise tothe satisfaction of the Administrator,shall be as follows:

(1) 60 minutes and 0.85 dscm (30.0dscf) for the kiln.

(2) 60 mInutes and 1.15 dscm. (40.6dscf) forthe clinker cooler.

(c) Total kln feed rate (except fuels),expressed In metric tons per hour on adry basis, shall be determined duringeach testing period by suitable methods;and shall. be confirmed by a material bal-ance over the production system.

(d) For each run, particulate matteremisons, expressed in g/metrfi ton ofkiln feed, shall be determined by divid-ing the emission rate in g/hr by the kilnfeed rate. The emission rate shall bedetermined by the equation, g/hr__-Qc, where Q,=volumetrlc flow rate of thetotal eluent in dscm/hr as determinedIn accordance with paragraph (a) (3) ofthis section, and c=particulate concen-tration In g/dscm as determined in ac-cordance with paragraph (a) (1) of thissection.


FEDERAL REGISTER, VOL 39, NO. 116-FRIDAY JUNE 14, 1974No. 116-Pt. I---


t 60.72 Standard for nitrogen oxides.

(a) On and after the date on whichthe performance test required to be con-ducted by § 60.8 is completed, no owneror operator subject to the provisions ofthis subpart shall cause to be dischargedinto the atmosphere from any affectedfacility any gases which:

(1) Contain nitrogen oxides, ex-pressed as NO2 , in excess of 1.5 kg permetric ton of acid produced (3.0 lb perton), the production being expressed as100 percent nitric acid.

(2) Exhibit 10 percent opacity, orgreater. Where the presence of uncom-bined water is the only reason for failureto meet the requirements of this para-graph, such failure will not be a viola-tion of this section.

§ 60.73 [Amended]

20. Section 60.73 is amended by delet-Ing and reserving paragraph (d).



(a) The reference methods in Appen-dix A to this part, except as provided forin § 60.8(b), shall be used to determinecompliance with the standard prescribedIn § 60.72 as follows:

(1) Method 7 for the concentration ofNO.;



(4) Method 3 for gas analysis.(b) For Method 7, the sample site shall

be selected according to Method 1 andthe sampling point shall be the centroidof the stack or duct or at a point nocloser to the walls than 1 m (3.28 ft).Each run shall consist of at least fourgrab samples taken at approximately 15-minutes intervals. The'arithmetic meanof the samples shall constitute the runvalue. A velocity traverse shall be per-formed once per run.

(c) Acid production rate, expressed inmetric tons per hour of 100 percent nitricacid, shall be determined during eachtesting period by suitable methods andshall be confirmed by a material balanceover the production system.

(d) For each run, nitrogen oxides, ex-pressed in g/metric ton of 100 percentnitric acid, shall be determined by divid-ing the emission rate in g/hr by the acidproduction rate. The emission rate shallbe determined by the equation,

g/hr=Q.Xcwhere Q,=volumetric flow rate of theeffluent in dscm/hr, as determined In ac-cordance with paragraph (a) (3) of thissection, and c=NO. concentration ing/dscm, as determined in accordancewith paragraph (a) (1) of this section.

22. Section 60.81 is amended by revis-ing paragraph (b) as follows:

§ 60.81 Definitions.

(b) "Acid mist" means sulfuric acidmist, as measured by Method 8 of Ap-pendix A to this part or an equivalent oralternative method.


§ 60.8Z Standard for sulfur dioxide.

(a) On and after the date on which theperformance test required to be con-ducted by § 60.8 is completed, no owneror operator subject to the provisions ofthis subpart shall cause to be dischargedinto the atmosphere from any affectedfacility any gases which contain sulfurdioxide in excess of 2 kg per metric tonof acid produced (4 lb per ton), the pro--duction being expressed as 100 percentH2SO,.


§ 60.83 Standard for acid mist.

(a) On and after the date on which theperformance test required to be con-ducted by § 60.8 is completed, no owneror operator subject to the provisions ofthis subpart shall cause to be dischargedinto the atmosphere from any affectedfacility any gases which:

(1) Contain acid mist, expressed asH 2SO4, in excess of 0.075 kg per metricton of acid produced (0.15 lb per ton),the production being expressed as 100percent H,1S0.

(2) Exhibit 10 percent opacity, orgreater. Where the presence of uncom-bined water is the only reason for failureto meet the requirements of this para-graph, such failure will not be a violationof this section.

§ 60.84 [Amended]

25. Section 60.84 is amended by de-leting and reserving paragraph (d).



(a) The reference methods in Appen-dix A to this part, except as provided forin § 60.8(b), shall be used to determinecompliance with the standards pre-scribed in §§ 60.82 and 60.83 as follows:

(1) Method 8 for the concentrations ofSO2 and acid mist;



(4) Method 3 for gas analysis.(b) The moisture content can be con-

sidered to be zero. For Method 8 the sam-pling time for each run shall be at least60 minutes and the minimum sample vol-ume shall be 1.15 dscm (40.6 dscf) excepTthat smaller sampling times or samplevolumes, when necessitated by processvariableS or other factors, may be ap-proved by the Administrator.

(c) Acid production rate, expressed inmetric tons per hour of 100 percentHSO4 , shall be determined during eachtesting period by suitable methods andshall be confirmed by a material bal-.ance over the production system.

(d) Acid mist'and sulfur dioxide emis-sions, expressed in g/metric ton of 100percent HB8O., shall be determined bydividing the emission rate in g/hr by theacid production rate. The emission rateshall be determined by the equation,g/hr=Q, xc, where Q,=volumetrtc flow

rate of the effluent in dscm/hr as deter-mined in accordance with paragraph(a) (3) of this section, and c=acid mistand 80O concentrations in g/dscm asdetermined in accordance with para-graph (a) (1) of this section.

§ 60.110 [Amended]

27. Section 60.110(b) is amended bystriking the words "the crude."

28. In § 60.111, paragraphs (b), (d),(g) and (h) are revised.

As amended § 60.111 reads as follows:

§ 60.111 Definitions.* * * S *

(b) "Petroleum liquids" means petro-leum, condensate, and any finished orintermediate products manufactured ina petroleum refinery but does not meanNumber 2 through Number 6 fuel oilsas specified in A.S.T.M. D396-69, gasturbine fuel oils Numbers 2-GT through4-GT as specified in A.S.T.M. D2880-71,or diesel fuel oils Numbers 2-D and 4-Das specified in A.S.T.M. D975-68.

* * * * *

(d) "Petroleum" means the crude oilremoved from the earth and the oilsderived from tar sands, shale, and coal.

* * * * *

(g) "Custody transfer" means thetransfer of produced petroleum and/orcondensate, after processing and/ortreating in the producing operations,from storage tanks or automatic trans-fer facilities to pipelines or any otherforms of transportation.

(h) "Drilling and production facility"means all drilling and servicing equip-ment, wells, flow lines, separators, equip-ment, gathering lines, and auxiliary non-transportation-related equipment usedin the production of petroleum but doesnot include natural gasoline plants.

* * * * *

29. The appendix to Part 60 titled"Appendix-Test Methods" is retitled"Appendix A-Reference Methods."

[FR Doc.74-13633 Filed 6-13-74;8:45 am]

Title 41-Public Contracts and PropertyManagement

CHAPTER 15-ENVIRONMENTALPROTECTION AGENCYPART 15-1--GENERAL

PART 15-26---CONTRACTMODIFICATIONS

Novation and Change of Name Agreements

Chapter 15 of the Code of FederalRegulations is amended as set forth be-low. Subpart 15-1.51 is deleted becausethe Federal Procurement Regulationshave issued a regulation on the same sub- i,ject, Novation and Change of NameAgreements. A new subpart 15-26.4 isadded to set forth internal proceduresrelative to the processing of such agree-ments.

It is the general policy of the EPA toallow time for interested parties to par-ticipate in the rule making process. How-ever, the amendments herein concernadministrative matters. Therefore, the

FEDERAL REGISTER, VOL. 39, NO. 116-FRIDAY, JUNE 14, 1974

120794


public rule maling process is deemedunnecessary in this instance.

Effective date: These amendments areeffective-on June 14,1974.

Dated: June 10, 1974.JOHN QUARLES,

Acting Administrator.

1. Subpart 15-1.51 is hereby deleted Inits entirety.

2. The following is edded to the tableof contents of Part 15-26 contract mod-ifications.

-Subpart 15-26A--Novation and Change of'NameAgreements

Sec,15-26.404 Processing novation and cbange

of name agreements.

A uo-r: 40 U.S.C. 4a6(c).

Subpart 25-26.4-Novation and Changeof Name Agreements

§15-26.404 Processing novation andchange of name agreements.

(a) Any EPA procuring activity uponbeing notified of a successor In interestto, or change of name of, one ,of its con-tractors, shall promptly report such In-formation by memorandum to theDirector of Contracts ManagementDivision.

(b) To avoid duplication of effort onthe'part o EPA activities in preparingand executing agreements to recognizea change of name or successor in interest,only one supplemental agreement will beprepared to effect necessary changes forall contracts between EPA and the con-tractor involved. The Chief of the Con-tracts Policy and Review Branch will, Ineach case, designate the activity respon-sible for taking all necessary and appro-priate action with respect to eitherrecog-nizing or not recognizing a successor ininterest, or recognizing a, change ofname agreement, including withoutlimitation the following:

(1) Obtain from the contractor a listof all affected contracts, the names andaddresses of the activities responsible forthese contracts, and the required docu-mentary evidence.

(2) Verify the accuracy of 'the list ofcontractors through the Contract In-formation System.

(3) Draft and execute a supplementalagreement to one of the contracts af-fected but covering all applicable out-standing and incomplete contracts af-fected by the transfer of assets or changeof name.A supplemental agreement number neednot be obtained for contracts other thanfor the one under which the supple-mental agreement is written. The supple-mental agreement will contain a list ofthe contracts affected and, for distribu-tion purposes, the names and addressesof the activities having contracts subjectto the supplemental agreement.

(c) Agreements and supporting docu-ments covering successor in interest shallbe reviewed for legal sufficiency by theAssociate General Counsel for Grants,Contracts and General Administration

Division. Change of nane agreementsmay be approved by the contractingofficer.

(d) After execution of the supple-mental agreement., the deslgnated ac,tivity sh11:

(1) Forward an authenticated copy ofthe supplemental agreement to the Di-rector of Contracts Management Divi-sion.

(2) Advise each of the affected activi-ties, by memorandum, of the consum-mation of the supplemental agreementand request that an administrativechange be issued for each affected con-tract. (A copy of the supplemental agree-ment should be enclosed.)

(e) o'r each such affected contract.the contracting officer shall prepare anadministrative change (S.F. 30) acknowl-edging the change of name or successorin interest. The administrative changewill receive the same distribution as theaffected contract. The administrativechange will Indicate the nature of thetransaction, the result attained, and willcite the number of the contract withwhich the original relevant documentaryand supplemental agreement are filed.

[FPR Doc.7k-13634 Filed 6-13-74;8:45 amj

TItle49-TransportatonCHAPTER If--FEDERAL HIGHWAY ADMIN-

ISTRATION, DEPARTMENT OF TRANS-PORTATION

SUBCHAPTER B--FEDERAL MOTOR CARRIERSAFETY REGULATIOUS

[Docket No. MC-46; Notice No. 74-10)

PART 391--QUAUFICATIONS OF DRIVERSAPPENDIX C-QUESTIONS FOR WRITTEN

EXAMINATIONRevision of Questions and Answers for

Drivers Written ExaminationThe Director of the Bureau of Motor

Carrier Safety Is revising Appendix C tothe Federal Motor Carrier Safety Regu-lations by replacing the current driver'swritten examination with a new form ofexamination. The new form. of writtenexamination consists of 66 multiple-choice questions, nine of which deal withtransportation of hazardous materials bymotor vehicle. The new form replaces theold list of 99 true-false questions.

Under § 91.35 of the regulations, theexamination must be given to each driverbefore he is first employed to operatea commercial motor vehicle in interstateor foreign commerce. Exeptions areprovided for in the case of a driver whois "grandfathered" under 9 391.61 of theregulations and in the case of drivers ofcertain farm vehicles, as provided for In.f 391.67. In addition, a written examina-tion is not required In the case of ;driver who has a valid certificate of ex-aminaton that Is less than three yearsold.

As is presently the case, the new ex-amination. will be given primarily as aneducational device, and there Is no man-datory passing grade. As the Directorindicated In a notice of proposed rulemaklng issued on January 24, 1973 (38

FR 33G4, the- Bureau has been at-tempting to develop a written examina-tion which must be completed success-fully with a specified passing grade as aprerequisite to a driver's qualificationunder the Federal Motor Carrier SafetyRejulations. A contract was awarded,under which the contractor was requiredto supply the Bureau with an examina-tion form that was "validated" underguidelines of the Equal Employment Op-portunity Commission. The examinationform now being instituted Is the productof that contract. Regrettably, It has notbeen possible to secure the agreementof Federal agencies concerned withequal opportunity in employment to theuse of this examination form or theother forms developed under the con-tract, as part of an examination require-ment that would exclude from. the driverforce individuals who fail to pass theexamination.

Because the form of examination de-velopod under the contract has been vali-dated and is demonstray an improve-ment over the one now in use, the Di-rector has decided to revise Appendix Cin order to make use of iL Since the formof examination selected contains ninequestions that deal with transportatioof hazardous materials, the Bureau isrequiring those questions to be given onlyin the case of drivers who will engage inthat type of transportation.

In consideration of the foregoIng,§ 391.35 and Appendix C of the Federal,Motor Carrier Safety Regulations (Sub-chapter B In Chapter ErE of title 49,CFR) are amended as set forth below.

Effectivc dat& These amendments areeffective on October , 1974. However.Immediate compliance with theseamendments, In lieu of the rules nowfound in & 391.35 and Appendix C, isauthorized.

These amendments are issued underthe authority of section 204 of the In-terstate Commerce Act, as amended, 49U..C. 34. section of the Depertmentof Transportation Abt, 49 US.C. 1655,and the delegations of authority by theSecretary of Transportation and theFederal Highway Administrator at 49CFR 1A8 and 389.4, respectivey.

Issued on June 6, 1974ROaBE= A. ]KiA,.Dlrector , Bureau ofMfotor Carier Safetr.

I. § 391.35 is amended by revisingparagraph (e) thereof to read as follows:

§391.35 Wrinen cxamination-

(e) The examination shall consist of66 questions, covering the xmie'sknowledge of the Federal Motor CarrierSafety Regulations and the HazardousMaterials Regulations. However, a per-son who is being examined with a viewto employment as the driver of a motorvehicle which will not transport hazard-ous materials of a type dr quantity thatrequires the vehIcle to be marked orplacarded In accordance with 1'7-823of this title need not answer questions

FEDERAL REGISTER, VOL 39, NO. 116-FRIDAY, JUNE 14, 1974

20795

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