TITLE 42 - PUBLIC HEALTH
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Approved For Rase 2001flffp301t6G~Qi4gfQfJ100200024-8
Chapter I-Public Health Service Department of Health, Education, and Welfare
SUBCHAPTER F-QUARANTINE, INSPECTION, AND LICENSING
PART 76-PREVENTION CONTROL, AND ABATEMENT OF AIR POLLUTION FROM FEDERAL GOVERNMENT
ACTIVITIES: PERFORMANCE STANDARDS AND TECHNIQUES OF MEASUREMENT
Sec.
76.1 Definitions.
76.2 Intent.
76.3 Applicability.
76.4 Combustion of fuel.
76.5 Sulfur oxides.
76.6 Stacks.
76.7 Storage and handling of fuels and ash.
76.8 Disposal of refuse
76.9 Other pollution producing processes.
AUTHORITY: The provisions of this Part 76 issued under
section 5 of Executive Order 11282; 3 CFR, 1966 comp.
SOURCE: The provisions of this Part 76 appear at 31 F.R.
7902, June 3, 1966, unless otherwise noted.
?76.1 Definitions.
As used in this part:
(a) "Executive Order"
11282.
(b) "Nonurban
urban areas.
(c) "Ringelmann Scale" means the Ringelmann
Scale as published in the latest U.S. Bureau of Mines
Information Circular
Chart".
(d) "Secretary"
entitled "Ringelmann Smoke
means the Secretary of Health,
Education, and Welfare.
(e) "Smoke Inspection Guide" means the U.S.
Public Health Service Smoke Inspection Guide described
in Part 75 of this title.
(f) "Urban areas" means those areas classified as
urban in the latest available Federal census, or as
Standard Metropolitan Statistical Areas by the Bureau of
the Budget.
(g) "Unit" means all indirect
connected to a single stack.
heat exchangers
(h) "Particulate matter" means any material, except
uncombined water, that exists as a solid or liquid at
standard conditions.
(i) "Standard conditions" means a temperature of
700 Fahrenheit a:d a pressure of 14.7 pounds per square
inch, absolute.
(j) "Waste" means any solid, liquid, or gaseous
substance, the disposal of which may create an air
pollution problem.
131 F.R. 7902, June 3, 1966, as amended at 34 F.R. 11419,
July 10, 19691
?76.2 Intent.
It is the intent of these standards that emissions to
the atmosphere from Federal facilities and buildings
shall not be permitted if such emissions endanger health
or welfare and that emissions which are likely to be
injurious or hazardous to people, animals, vegetation, or
property shall be minimized.
?76.3 Applicability.
(a) Unless otherwise indicated, the standards in this
part apply to both new and existing Federal facilities
and buildings. These standards are effective upon
publication in the FEDERAL REGISTER, except for
those facilities and buildings which are likely to require
installation of improvements under the plan to be
submitted in accordance with section 3 of the Executive
Order.
(b) Except for discharges of radioactive effluents
which are regulated by the Atomic Energy Commission,
Federal facilities and buildings shall conform to the air
pollution standards prescribed by the State or
community in which they are located. If State or local
standards are not prescribed for a particular location, or
if the State or local standards are less stringent than the
standards prescribed herein, the standards in this part
shall be applicable to discharges from such Federal
facilities and buildings except as otherwise indicated.
(c) Temporary operations that may result in
potential air pollution problems, such as those associated
with research, development, test, evaluation, space, and
military activities, shall be conducted with such
precautions,and safeguards as are needed to achieve the
intent of these standards.
(d) The Secretary may, upon application of the
relevant department, agency or establishment, exempt
any Federal facility or building from the objectives
contained in section 4 of the Executive order and from
any or all of these standards whenever he determine:
that the activities of such building or facility will not
significantly conflict with the intent of the Executive
order and that such an exemption is in the public
interest.
?76.4 Combustion of fuel.
(a) The following standards apply to the
combustion units of facilities and buildings having a heat
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input of less than 1,000 million B.t.u./hour, other than
fireplaces, stoves, or grills burning wood or charcoal:
(1) Manually fired equipment shall not be installed
as new or replacement equipment, except for the
burning of anthracite, coke, or smokeless fuel.
(2) (i) For new units, except during startup,
cleaning of fires, or soot blowing, the density of any
emission to the atmosphere shall not exceed No. 1 on
the Ringelmann Scale or the Smoke Inspection Guide.
(ii) For existing units, except during startup,
cleaning, of fires, or soot blowing, the density of any
emission to the atmosphere shall not exceed No. 2 on
the Ringelmann Scale or Smoke Inspection Guide.
(3) A photoelectric or other type smoke detector,
recorder, or alarm shall be installed on units larger than
ten million BTU per hour input, except where gas or
light oil (No. 2 or lighter) is burned.
(4) During routine operation, the emission of
particles larger than 60 microns shall not normally
occur.
(5) Means shall be provided in all newly constructed
units and wherever practicable in existing units to allow
the periodic measurement of flyash and other particulate
matter.
(6) All new or replace-
ment spreader stoker installa-
tions shall be of a type that
automatically discharges
ashes to the ash pit either
continuously or in very fre-
quent small increments, and
flyash shall be reinjected only
from boiler passes.
(7) For units of less than
10 million BTU/hour heat in-
put, the emission of flyash
and other particulate matter
shall not exceed 0.6 pounds
of particulate matter per
million BTU heat input, as
measured by the American
Society of Mechanical Engi-
neers Power Test Code No.
27 for "Determining Dust
Concentrations in a Gas
Stream," or equivalent test
method.
(8) For units between 10
million and 1,000 million
BTU/hour heat input, the
emission of flyash and other
particulate matter shall not
exceed that specified in figure
1, as measured by the test
method specified in subparagraph (7) of this paragraph.
Existing units shall meet this standard within the time
designated by the plan submitted in accordance with
section 3 of the Executive order except that with respect
to existing spreader stoker units the plan may specify
certain units which may emit particulate matter at an
interim rate not exceeding 0.6 lb/million BTU heat
input.
(b) For units having a heat input of more than
1,000 million BTU/hour, the appropriate department,
agency, or establishment shall seek special advice from
the Secretary with regard to smoke, flyash, and other
particulate emissions.
?76.5 Sulfur oxides.
(a) Combustion units of facilities or buildings not
located in areas specified by the Scretary under
paragraph (c) of this section and whose heat input is less
than 1,000 million BTU/hour shall burn the lowest
sulfur content fuel that is reasonably available. In
determining reasonable availability, the factors to be
considered include, among others, price, firmness of
supply, extent of existing pollution, and assurance of
FIGURE 1.-- MAXIMUM EMISSION OF PARTICULATE MATTER
FROM FUEL BURNING INSTALLATIONS
1.0
0.9
0.8
0.7
0.6
0.5
0.3
0.25
I 11 111111 I 1 1 111111 1 1 1 11111
10 100 1,000
TOTAL INPUT-MILLIONS OF BTU PER HOUR
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supply uAigpr cleFoye gP-d20 b/OitastOA-RED 244 lp,p,W~-pl i0( pe -which suffer from
conditions. extremely high air pollution levels, and after similar
(b) For combustion units or Federal facilities or consultation, and publication in the FEDERAL
buildings not located in areas specified by the Secretary
under paragraph (c) of this section and whose heat input
is more than 1,000 million BTU/hour, the appropriate
department, agency, or establishment shall seek special
advice from the Secretary with regard to sulfur-oxide
emissions.
(c) (1) Effective October 1, 1969, combustion
units of all Federal facilities or buildings located in the
following areas shall comply with applicable emission
limitations and control measures set out below:
(i) In the New Jersey-New York Connecticut
Interstate Air Quality Control Region as defined by 42
CFR Part 81, the emission rate of sulfur oxides
(calculated as sulfur dioxide) from fuels used in
combustion units shall not exceed 0.35 pounds per
million B.t.u. (gross value) heat input.
(ii) In the Metropolitan Chicago Interstate Air
Quality Control Region (Indiana-Illinois) and in the
Metropolitan Philadelphia Interstate Air Quality Control
Region (Pennsylvania-New Jersey- Delaware) as defined
in 42 CFR Part 81, the emission rate of sulfur oxides
(calculated as sulfur dioxide) from fuels used in
combustion units shall not exceed 0.65 pounds per
million B.t.u. (gross value) heat input.
(2) If compliance with the above emission standard
is to be accomplished by means of controlled fuel
quality, the agency responsible for each Federal facility
in the designated areas shall establish appropriate fuel
specifications to insure that the above emission
limitations are met and shall provide for adequate tests
to ascertain that delivered fuel meets the applicable
specifications. If removal of sulfur oxides from flue gases
is used to control emissions, the facility shall provide for
continuous monitoring and recording of the sulfur oxide
content of flue gases emitted. The sulfur content of fuels
shall be determined in accordance with current
recognized testing procedures of the American Society
for Testing and Materials. The sulfur content of the flue
gases shall be determined in accordance with current
recognized testing procedures of the American Society
of Mechanical Engineers.
(3) The limitations and measures established in
subparagraph (1) of this paragraph shall be revised or
amended only after consultation with appropriate
Federal, State, and local officials and affected parties.
Not less than 30 days prior to prescribing such revised or
amended limits or measures, the Secretary will publish in
the FEDERAL REGISTER notice of his intention to
adopt such limits or measures, and will thereafter
publish in the FEDERAL REGISTER the limits or
measures established. The Secretary may at any time
REGISTER, prescribe such limits or measures as he
determines are necessary to carry out the intent of
Executive Order 11282.
(d) The emission of the oxides of sulfur the
atmosphere shall be monitored at regular intervals by
determining the sulfur content of the fuel used or by
determining the sulfur content of flue gases.
[31 F.R. 7902, June 3, 1966, as amended at 32 F.R. 4415, Mar.
23, 1967; 34 F.R. 11419, July 10, 1969]
?76.6 Stacks.
For buildings or facilities in nonurbanized areas, the
particle emission standards of ? 76.4(a) (7) and (8) may
be revised for an individual installation by amount to be
determined by the Secretary, when:
(a) The stack height exceeds by 2'h times the height
of the highest building in that area, and
(b) The pollution level in any area will not be
significantly increased thereby.
For large plants the determination of chimney height
shall be based on air quality criteria, land use, and
meteorological, topographical, aesthetic, and operating
factors.
?76.7 Storage and handling of fuels
and ash.
(a) Solid fuels and ash shall be stored and handled
so as not to release to the atmosphere dust in significant
quantities.
(b) In quantities of 40,000 gallons or more, gasoline
or any volatile petroleum distillate or organic liquid
having a vapor pressure of 1.5 p.s.i.a. or greater under
actual storage conditions shall be stored in pressure
tanks or reservoirs or shall be stored in containers
equipped with a floating roof or vapor recovery system
or other vapor emission control device.
(c) Stationary gasoline storage tanks with a
capacity of 250 gallons or more shall be equipped with
either submerged filling inlets or with vapor recovery or
emission control systems such that loss of vapor to the
atmosphere during filling operations shall be minimized.
(d) Gasoline or petroleum distillate tank car or
tank truck loading facilities handling 20,000 gallons per
day or more shall be equipped with submersible filling
arms or other vapor emission control systems.
?76.8 Disposal of waste.
(a) (1) Waste shall not be burned in open fires in
urban areas.
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(2) In x#pp ec 4go1hR gLn'20 R?WinCIA- IOO 44 O 2aO 24t8o the National Air
open fires, within a 24-hour period, more than 25
pounds of waste at a single site nor more than 500
pounds of waste at any number of sites within a I.-mile
radius, except that these quantities may be exceeded in
the case of onsite burning of waste produced in
connection with operations performed at railroad
rights-of-way, interurban highways, irrigation canals,
forests, agricultural sites, etc., and provided that care is
exercised to prevent creation of localized air pollution
which endangers health or welfare. Deteriorated or
unused explosives, munitions, rocket propellants, and
certain hazardous wastes may be burned in open fires, in
accordance with recognized procedures.
(3) Wastes shall not be left in open dumps.
(4) Wastes that are disposed of in sanitary landfills
shall be disposed of in accordance with procedures
described in "Sanitary Landfill Facts" (PHS publication
.No. 1792, 1968) and any amendments or revisions
thereof. Said document is available to any interested
person, whether or not affected by the provisions of this
part, upon request to the National Air Pollution Control
Administration, Rockville, Md 20852, which maintains
an official historic file of the document, or to the Public
Health Service Information Center as listed in 45 CFR
5.31 (32 F.R. 9316).
(b) (1) Waste shall be burned only in facilities
especially designed for that purpose, except as provided
in paragraph (a) of this section.
(2) For incinerators acquired on or after June 3,
1966 the density of any emission to the atmosphere
shall not exceed number 1 on the Ringelmann Scale or
the Smoke Inspection Guide for a period or periods
aggregating more than 3 minutes in any 1 hour, or be of
such opacity as to obscure an observer's view to an
equivalent degree.
(3). For incinerators acquired prior to June 3, 1966
the density of any emission to the atmosphere shall not
exceed number 2 on the Ringelmann Scale or the Smoke
Inspection Guide for a period or periods aggregating
more than 3 minutes in any 1 hour, or be of such
opacity as to obscure an observer's view to an equivalent
degree.
(c) (1) In addition, for installations burning more
than 200 pounds of waste per hour, emissions shall not
exceed 0.2 grain of particulate matter per standard cubic
foot of dry flue gas corrected to 12 percent carbon
dioxide (without the contribution of carbon dioxide
from auxiliary fuel), measured in accordance with the
test procedures described in "Specifications for
Incinerator Testing at Federal Facilities" (PHS
publication, October, 1967) and any amendments or
revisions thereof. Said document is available to any
interested person, whether or not affected by the
Pollution Control Administration, Rockville, Md. 2Q852,
which maintains an official historic file of the document,
or to the Public Health Service Information Center or
Regional Office Information Center as listed in 45 CFR
5.31 (32 F.R. 9316).
(2) For installations burning 200 pounds of waste
per hour or less, emissions shall not exceed 0.3 grain of
particulate matter per standard cubic foot of dry flue gas
corrected to 12 percent carbon dioxide (without the
contribution of carbon dioxide from auxiliary fuel),
measured in accordance with the test specifications
described in "Specifications for Incinerator Testing at
Federal Facilities" (PHS publication, October 1967) and
any amendments or revisions thereof.
(3) Test procedures which are approved by the
Commissioner, National Air Pollution Control
Admnistration, as Equivalent to those prescribed by
paragraphs (c) (1) and (c) (2) of this section may be used
for the purpose of determining an installation's
compliance with the emission standards for particulate
matter contained in such paragraphs.
[34 F.R. 11419, July 10, 19691
?76.9 Other pollution producing processes.
For dusts, fumes, or gases from any process not
heretofore described, except for discharges of
radioactive effluents regulated by the Atomic Energy
Commission, whatever measures may be necessary to
comply with the intent of these regulations shall be
applied. This will generally require the installation of
equipment or devices to minimize such emissions to the
point where they will meet the standards contained in
these regulations. For processes which emit toxic
substances in quantities which might endanger health or
welfare and for fires which emit smoke or fumes at
official firefighting shcools, the appropriate department,
agency, or establishment shall seek special advice from
the Secretary.
(NOTE: The Department of Health, Education, and
Welfare will, from time to time, and after consultation with
industries concerned, issue "Guides of Good Practice" for
specific operations to aid Federal departments, agencies, and
establishments in the selection of equipment and methods for
meeting the performance standards. For emissions not covered
herein, or for which there have been issued no applicable
"Guides of Good Practice," the Department of Health,
Education, and Welfare will provide technical material and
consultation to departments, agencies, and establishments
requesting such assistance. Requests for "Guides of Good
Practice," technical material, or consultation should be directed
either to the Federal Facilities Branch, Abatement Division,
National Air Pollution Control Administration, Department of
Health, Education, and Welfare, Washington, D.C. 20201, or to
the appropriate Regional Air Pollution Program Director of the
Public Health Service located in the Department of Health,
Education, and Welfare Regional Offices.)
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