40 C.F.R. § 60.192

Standard for fluorides

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(a) On and after the date on which the initial performance test required to be conducted by § 60.8 is completed, no owner or operator subject to the provisions of this subpart shall cause to be discharged into the atmosphere from any affected facility any gases containing total fluorides, as measured according to § 60.195, in excess of:

(1) 1.0 kg/Mg (2.0 lb/ton) of aluminum produced for potroom groups at Soderberg plants: except that emissions between 1.0 kg/Mg and 1.3 kg/Mg (2.6 lb/ton) will be considered in compliance if the owner or operator demonstrates that exemplary operation and maintenance procedures were used with respect to the emission control system and that proper control equipment was operating at the affected facility during the performance tests;

(2) 0.95 kg/Mg (1.9 lb/ton) of aluminum produced for potroom groups at prebake plants; except that emissions between 0.95 kg/Mg and 1.25 kg/Mg (2.5 lb/ton) will be considered in compliance if the owner or operator demonstrates that exemplary operation and maintenance procedures were used with respect to the emission control system and that proper control equipment was operating at the affected facility during the performance test; and

(3) 0.05 kg/Mg (0.1 lb/ton) of aluminum equivalent for anode bake plants.

(b) Within 30 days of any performance test which reveals emissions which fall between the 1.0 kg/Mg and 1.3 kg/Mg levels in paragraph (a)(1) of this section or between the 0.95 kg/Mg and 1.25 kg/Mg levels in paragraph (a)(2) of this section, the owner or operator shall submit a report indicating whether all necessary control devices were on-line and operating properly during the performance test, describing the operating and maintenance procedures followed, and setting forth any explanation for the excess emissions, to the Director of the Enforcement Division of the appropriate EPA Regional Office.

[45 FR 44207, June 30, 1980, as amended at 65 FR 61757, Oct. 17, 2000]
Notes of Decisions
Cited in 1 case, 1979–1979 · leading case: United States v. Atl. Richfield Co., 478 F. Supp. 1215 (D. Mont. 1979).
United States v. Atl. Richfield Co., 478 F. Supp. 1215 (D. Mont. 1979). “§ 7411 ; 40 C.F.R. § 60.192 (a)(1). When standards for new sources are promulgated, the state is required to adopt an emission standard for existing sources and to provide for the implementation and enforcement of such standards.”
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