[Federal Register Volume 71, Number 194 (Friday, October 6, 2006)]
[Proposed Rules]
[Pages 59302-59334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-8434]
[[Page 59301]]
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Part IV
Environmental Protection Agency
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40 CFR Part 63
National Emission Standards for Hazardous Air Pollutants for Area
Sources: Polyvinyl Chloride and Copolymers Production, Primary Copper
Smelting, Secondary Copper Smelting, and Primary Nonferrous Metals--
Zinc, Cadmium, and Beryllium; Proposed Rule
Federal Register / Vol. 71, No. 194 / Friday, October 6, 2006 /
Proposed Rules
[[Page 59302]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[EPA-HQ-OAR-2006-0510; FRL-8226-8]
RIN 2060-AN45
National Emission Standards for Hazardous Air Pollutants for Area
Sources: Polyvinyl Chloride and Copolymers Production, Primary Copper
Smelting, Secondary Copper Smelting, and Primary Nonferrous Metals--
Zinc, Cadmium, and Beryllium
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rules.
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SUMMARY: EPA is proposing national emission standards for hazardous air
pollutants (NESHAP) for four area source categories. The proposed
NESHAP reflect EPA's determination that existing facilities in three of
these categories are well controlled and that the emission control
devices and work practices at these facilities represent the generally
available control technology (GACT) for these source categories. For
secondary copper smelting, we are proposing NESHAP for new area sources
because there is not, and never will be, any existing source in this
category.
DATES: Comments must be received on or before November 6, 2006 unless a
public hearing is requested by October 16, 2006. If a hearing is
requested on the proposed rules, written comments must be received by
November 20, 2006.
Public Hearing. If anyone contacts EPA requesting to speak at a
public hearing concerning the proposed rules by October 16, 2006, we
will hold a public hearing on October 23, 2006. If you are interested
in attending the public hearing, contact Ms. Pamela Garrett at (919)
541-7966 to verify that a hearing will be held.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2006-0510, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
E-mail: [email protected].
Fax: (202) 566-1741.
Mail: National Emission Standards for Hazardous Air
Pollutants for Four Area Source Categories, Docket No. EPA-HQ-OAR-2006-
0510, Environmental Protection Agency, EPA Docket Center, Mailcode
6102T, 1200 Pennsylvania Ave., NW., Washington, DC 20460. Please
include a total of two copies. In addition, please mail a copy of your
comments on the information collection provisions to the Office of
Information and Regulatory Affairs, Office of Management and Budget
(OMB), Attn: Desk Officer for EPA, 725 17th St., NW., Washington, DC
20503.
Hand Delivery: EPA Docket Center, Public Reading Room, EPA
West, Room B102, 1301 Constitution Ave., NW., Washington, DC 20460.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information. Note: The EPA Docket Center suffered damage due to
flooding during the last week of June 2006. The Docket Center is
continuing to operate. However, during the cleanup, there will be
temporary changes to Docket Center telephone numbers, addresses, and
hours of operation for people who wish to make hand deliveries or visit
the Public Reading Room to view documents. Consult EPA's Federal
Register notice at 71 FR 38147 (July 5, 2006) or the EPA Web site at
http://www.epa.gov/epahome/dockets.htm for current information on
docket operations, locations and telephone numbers.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2006-0510. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
confidential business information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through www.regulations.gov
or e-mail. The www.regulations.gov Web site is an ``anonymous access''
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through
www.regulations.gov, your e-mail address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment. Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses.
Docket: All documents in the docket are listed in the Federal
Docket Management System index at http://www.regulations.gov. Although
listed in the index, some information is not publicly available, e.g.,
CBI or other information whose disclosure is restricted by statute.
Certain other material, such as copyrighted material, is not placed on
the Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available either electronically
through www.regulations.gov or in hard copy at the EPA Docket Center,
Public Reading Room, EPA West, Room B102, 1301 Constitution Ave., NW.,
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Public Reading Room is (202) 566-1744, and the telephone
number for the Air Docket is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: Mr. Bob Schell, U.S. EPA, Office of
Air Quality Planning and Standards, Sector Policies and Programs
Division, Metals and Minerals Group (D243-02), Research Triangle Park,
North Carolina 27711, telephone number: (919) 541-4116, fax number
(919) 541-3207, e-mail address: [email protected].
SUPPLEMENTARY INFORMATION: Outline. The information presented in this
preamble is organized as follows:
I. General Information
A. Does this action apply to me?
B. What should I consider as I prepare my comments to EPA?
C. Where can I get a copy of this document and other related
information?
II. Background Information for Proposed Area Source Standards
III. Proposed NESHAP for Polyvinyl Chloride and Copolymers
Production Area Sources
A. What area source category is affected by the proposed NESHAP?
B. What HAP are emitted from polyvinyl chloride and copolymers
production?
C. What are the proposed requirements for area sources?
D. What is our rationale for selecting the proposed standards
for area sources?
E. What is our rationale for exempting polyvinyl chloride and
copolymers production area sources from the CAA title V permit
requirements?
IV. Proposed NESHAP for Primary Copper Smelting Area Sources
A. What area source category is affected by the proposed NESHAP?
B. What HAP are emitted from primary copper smelters?
C. What are the proposed requirements for area sources?
[[Page 59303]]
D. What is our rationale for selecting the proposed standards
for area sources?
V. Proposed NESHAP for Secondary Copper Smelting Area Sources
A. What area source category is affected by the proposed NESHAP?
B. What HAP are emitted from secondary copper smelters?
C. What are the proposed requirements for area sources?
D. What is our rationale for selecting the proposed standards
for area sources?
VI. Proposed NESHAP for Primary Nonferrous Metals-Zinc, Cadmium, and
Beryllium Area Sources
A. What area source category is affected by the proposed NESHAP?
B. What is primary zinc production and what HAP are emitted?
C. What are the proposed requirements for primary zinc
production area sources?
D. What is our rationale for selecting the proposed standards
for primary zinc production area sources?
E. What is primary beryllium production and what HAP are
emitted?
F. What are the proposed requirements for primary beryllium
production area sources?
G. What is our rationale for selecting the proposed standards
for primary beryllium production area sources?
VII. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination with
Indian Tribal Governments
G. Executive Order 13045: Protection of Children from
Environmental Health and Safety Risks
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
I. National Technology Transfer Advancement Act
I. General Information
A. Does this action apply to me?
The regulated categories and entities potentially affected by the
proposed standards include:
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NAICS code Examples of regulated
Category \1\ entities
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Industry:
Polyvinyl chloride and 325211....... Area source facilities
copolymers production. that polymerize and
copolymers vinyl
chloride monomer to
produce vinyl
production chloride
and/or copolymer
products.
Primary copper smelting..... 331411....... Area source facilities
that produce copper
from copper sulfide
ore concentrates using
pyrometallurgical
techniques.
Secondary copper smelting... 331423 \2\... Area source facilities
that process smelting
copper scrap in a
blast furnace and
converter or use
another
pyrometallurgical
purification process
to produce anode
copper from copper
scrap, including low-
grade copper scrap.
Primary nonferrous metals - 331419....... Area source facilities
zinc, cadmium, and that produce zinc,
beryllium. zinc oxide, cadmium,
or cadmium oxide from
zinc sulfide ore
concentrates using
pyrometallurgical
techniques and area
source facilities that
produce beryllium
metal, alloy, or oxide
from beryllium ore.
Federal government.......... Not affected.
State/local/tribal Not affected.
government.
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\1\ North American Industry Classification System.
\2\ The proposed rule applies only to secondary copper smelters and does
not apply to copper, brass, and bronze ingot makers or remelters that
may also be included under this NAICS code. There are no existing
secondary copper smelters as defined in the proposed rule.
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be affected by this
action. To determine whether your facility would be regulated by this
action, you should examine the applicability criteria in 40 CFR
63.11140 of subpart DDDDDD (NESHAP for Polyvinyl Chloride and
Copolymers Production Area Sources), 40 CFR 63.11146 of subpart EEEEEE
(NESHAP for Primary Copper Smelting Area Sources), 40 CFR 63.11153 of
subpart FFFFFF (NESHAP for Secondary Copper Smelting Area Sources), or
40 CFR 63.11160 of subpart GGGGGG (NESHAP for Primary Nonferrous
Metals--Zinc, Cadmium, and Beryllium Area Sources). If you have any
questions regarding the applicability of this action to a particular
entity, consult either the air permit authority for the entity or your
EPA regional representative as listed in 40 CFR 63.13 of subpart A
(General Provisions).
B. What should I consider as I prepare my comments to EPA?
Do not submit information containing CBI to EPA through
www.regulations.gov or e-mail. Send or deliver information identified
as CBI only to the following address: Roberto Morales, OAQPS Document
Control Officer (C404-02), U.S. EPA, Office of Air Quality Planning and
Standards, Research Triangle Park, North Carolina 27711, Attention
Docket ID EPA-HQ-OAR-2006-0510. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
C. Where can I get a copy of this document and other related
information?
In addition to being available in the docket, an electronic copy of
these proposed actions will also be available on the Worldwide Web
(WWW) through the Technology Transfer Network (TTN). Following
signature, a copy of the proposed actions will be posted on the TTN's
policy and guidance page for newly proposed or promulgated rules at the
following address: http://www.epa.gov/ttn/oarpg/. The TTN provides
information and technology exchange in various areas of air pollution
control.
II. Background Information for Proposed Area Source Standards
Section 112(d) of the Clean Air Act (CAA) requires us to establish
NESHAP for both major and area sources of hazardous air pollutants
(HAP) that are listed for regulation under CAA section 112(c). A major
source is a stationary source that emits or has the potential to emit
10 tons per year (tpy) or more of any HAP or 25 tpy or more of any
combination of HAP. An area source is
[[Page 59304]]
a stationary source that is not a major source (i.e., an area source
does not emit and does not have the potential to emit either 10 tpy or
more of any single HAP or 25 tpy or more of any combination of HAP).
Requirements for area sources are described in CAA sections
112(c)(3) and 112(k). These provisions direct EPA (1) to identify not
less than 30 HAP that present the threat to public health in the
largest number of urban areas and (2) to identify sufficient area
source categories to ensure that sources representing 90 percent or
more of the emissions of each of the 30 ``listed'' HAP (``urban HAP'')
are subject to regulation. We implemented these listing requirements
through the Integrated Urban Air Toxics Strategy (64 FR 38715, July 19,
1999).\1\
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\1\Since its publication in the Integrated Urban Air Toxics
Strategy in 1999, the area source category list has undergone
several amendments.
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However, EPA has not completed the required regulatory action for
all of the listed area source categories. Pursuant to CAA section 304,
Sierra Club brought suit in the district court for the District of
Columbia to compel EPA to complete this action (Sierra Club v. U.S.
Environmental Protection Agency, no. 01-1537, DC Cir.). On March 31,
2006, the court issued an order requiring, among other things, that we
complete regulatory action for a specified number of area source
categories every 6 months starting December 15, 2006, and complete
regulatory action of all remaining categories by June 15, 2009. The
order requires that, by December 15, 2006, we complete regulatory
action for four area source categories. The four area source categories
that we have selected to meet this obligation and are therefore subject
of this proposal are as follows: (1) Primary Copper Smelting; (2)
Secondary Copper Smelting; (3) Polyvinyl Chloride and Copolymers
Production; and (4) Primary Nonferrous Metals--Zinc, Cadmium, and
Beryllium.
On June 26, 2002, we amended the area source category list by
adding additional source categories, including Polyvinyl Chloride and
Copolymers Production, Secondary Copper Smelting, and Cadmium Refining
and Cadmium Oxide Production source categories (67 FR 43112, 43113). On
November 22, 2002, we further amended the category list by, among other
things, adding Primary Copper Smelting (67 FR 70427, 70428). We also
expanded the Cadmium Refining and Cadmium Oxide Production source
category to include primary zinc and beryllium production and renamed
the category accordingly as Primary Nonferrous Metals--Zinc, Cadmium,
and Beryllium.
The inclusion of each of the four source categories on the area
source category list is based on data from the CAA section 112(k)
inventory, which represents 1990 urban air data. The Polyvinyl Chloride
and Copolymers Production source category listing was based on vinyl
chloride emissions. The Primary Copper Smelting source category listing
was based on HAP metal emissions (arsenic, cadmium, chromium, lead, and
nickel), while Secondary Copper Smelting was based on HAP emissions of
cadmium, lead, and dioxin. The listing of the Primary Nonferrous
Metals-Zinc, Cadmium, and Beryllium source category was based on
emissions of arsenic, cadmium, lead, manganese, and nickel.
Section 112(k)(3)(B) of the CAA requires that EPA ensure that
sources representing 90 percent of the emissions of each of the 30
urban HAP are subject to standards pursuant to section 112(d). Under
CAA section 112(d)(5), the Administrator may, in lieu of standards
requiring maximum achievable control technology (MACT) under section
112(d)(2), elect to promulgate standards or requirements for area
sources ``which provide for the use of generally available control
technologies [``GACT''] or management practices by such sources to
reduce emissions of hazardous air pollutants.'' Under section
112(d)(5), the Administrator has the discretion to use GACT in lieu of
MACT. Pursuant to section 112(d)(5), I have decided not to issue MACT
standards and concluded that GACT is appropriate for these four source
categories.
Legislative history describes GACT as standards reflecting
application of generally available control technology, that is,
``methods, practices and techniques which are commercially available
and appropriate for application by the sources in the category
considering economic impacts and the technical capabilities of the
firms to operate and maintain the emissions control systems'' (Senate
Report Number 101-228, December 20, 1989). In addition to technical
capabilities of the facilities and availabilities of control measures,
legislative history suggests that we may consider costs and economic
impacts in determining GACT, which is particularly important when
developing regulations for source categories that may have few
establishments and many small businesses, or when determining whether
additional control is necessary for sources with emissions that are
already well controlled as a result of other existing or applicable
standards.
Existing facilities in three of these source categories are
currently well controlled as a result of State and national standards
and permitting requirements for criteria pollutants that obtain co-
control of HAP. There are no existing sources in the secondary copper
smelting source category. New and existing area sources of polyvinyl
chloride (PVC) and copolymer plants are subject to the National
Emission Standard for Vinyl Chloride (40 CFR part 61, subpart F). The
vinyl chloride standard requires that new and existing area sources
also comply with the National Emission Standard for Equipment Leaks
(Fugitive Emission Sources) in 40 CFR part 61, subpart V. New and
existing area sources that process beryllium ore, beryllium, beryllium
oxide, beryllium alloys, or beryllium-containing waste are subject to
the National Emission Standard for Beryllium (40 CFR part 61, subpart
C). One of the two primary zinc production area sources is subject to
the new source performance standard (NSPS) at 40 CFR part 60, subpart
Q, and primary copper smelting area sources are subject to the NSPS at
40 CFR part 60, subpart P. These NSPS, as well as other applicable
Federal and State requirements, are incorporated into and enforced
under these primary zinc production and primary copper smelting area
sources' title V permits.
Except for dioxin emissions from secondary copper smelting, the
urban HAP emissions from the three area source categories for
nonferrous metals are all metal HAP. Under the Federal standards
mentioned above that are applicable to these three categories, we are
able to control the urban metal HAP emissions by controlling emissions
of particulate matter (PM), which provide co-control of the HAP metals
for PM. The Secondary Copper Smelting source category does not have any
existing plants--plants that were operating in 1990 have permanently
closed, and no new plants have started. As discussed in more detail in
sections III through VI of this preamble, we conclude that, with the
exception of secondary copper smelting, GACT is equivalent to the
levels of control that are currently required and being implemented by
sources in the other three categories. Because there is not currently
any, nor is there expected to be any existing source of secondary
copper smelting, we are not proposing a standard for existing sources
but are proposing a standard for new area sources of secondary copper
smelting.
[[Page 59305]]
III. Proposed NESHAP for Polyvinyl Chloride and Copolymers Production
Area Sources
A. What area source category is affected by the proposed NESHAP?
The Polyvinyl Chloride and Copolymers Production area source
category includes facilities that polymerize vinyl chloride monomer
alone or in combination with other materials to produce PVC and
copolymers. Sources in this area source category are currently subject
to the National Emission Standard for Vinyl Chloride (40 CFR part 61,
subpart F). The vinyl chloride standard applies to all new and existing
major and area sources of PVC and copolymer production.
We estimate that there are approximately 28 major sources of PVC
and copolymer production facilities operating in the U.S. Although we
do not know of any existing area sources in this category, we cannot
say conclusively that there are not and never will be any area sources
in this category. Consequently, we are proposing standards for both new
and existing area sources. We are requesting comments on whether there
are or ever will be any area sources in this source category.
B. What HAP are emitted from polyvinyl chloride and copolymers
production?
The resins used to make PVC and copolymer products are produced in
batch reactor processes where vinyl chloride is polymerized with itself
as a homopolymer or copolymerized with varying amounts of vinyl
acetate, ethylene, propylene, vinylidene chloride, or acrylates. The
resulting resins are generally dried into nontoxic powders or granules
that are compounded with auxiliary ingredients and converted into a
variety of plastic end products. These end products can be used in a
large number of applications, including latex paints, coatings,
adhesives, clear plastics, rigid plastics, and flooring.
The urban HAP emitted from PVC and copolymer production is vinyl
chloride, which is used as a primary feedstock. The copolymer
feedstocks (e.g., vinyl acetate and vinylidene chloride) are also HAP
under CAA section 112(b) but are not listed as urban HAP. HAP may be
released from an opening or leak in the process equipment. Residual HAP
(i.e., unreacted vinyl chloride) in the product may also become
airborne.
C. What are the proposed requirements for area sources?
1. Applicability and Compliance Dates
The proposed NESHAP apply to both new and existing PVC and
copolymer plants that are area sources. Because existing area sources,
if there are any, would already be operating subject to emissions
limits and work practice standards that are the same as those in this
proposed NESHAP, we are proposing that owners or operators of existing
sources comply with all the requirements of the area source NESHAP by
[Date of publication of the final rule in the Federal Register]. The
owner or operator of a new source would be required to comply with the
area source NESHAP by [DATE OF PUBLICATION OF THE FINAL RULE IN THE
Federal Register] or at startup, whichever is later.
2. Emissions Limitations and Work Practice Standards
We are proposing to adopt as the NESHAP for the Polyvinyl Chloride
and Copolymer Production area source category 40 CFR part 61, subpart
F. Subpart F establishes numerical emissions limits for reactors;
strippers; mixing, weighing, and holding containers; monomer recovery
systems; emissions sources following the stripper(s); and reactors used
as strippers. Subpart F also establishes both emissions limits and work
practice requirements that apply to discharges from manual vent valves
on a PVC reactor and relief valves in vinyl chloride service, fugitive
emissions sources, and equipment leaks. Subpart F requires a new or
existing source to comply with the requirements at 40 CFR part 61,
subpart V for the control of equipment leaks.
3. Compliance Requirements
We are proposing to include in this proposed NESHAP the monitoring,
testing, recordkeeping, and reporting requirements in 40 CFR part 61,
subpart F. The proposed NESHAP requires a vinyl chloride continuous
emissions monitoring system (CEMS) for the regulated emissions sources
(except for sources following the stripper) and for any control system
to which reactor emissions or fugitive emissions must be ducted. Plants
using a stripper to comply with the NESHAP must also determine the
daily average vinyl chloride concentration for each type of resin. The
proposed NESHAP requires the owner or operator to submit quarterly
reports containing information on emissions or resin concentrations
that exceed the applicable limits. Records are required to demonstrate
compliance, including a daily operating log for each reactor. Plants
also would be required to comply with the testing, monitoring,
recordkeeping, and reporting requirements in the part 61 General
Provisions (40 CFR part 61, subpart A). We are also proposing that the
owner or operator comply with the requirements for startup, shutdown,
and malfunction (SSM) plans and reports in 40 CFR 63.6(e)(3). We have
explicitly identified in the proposed NESHAP the applicable General
Provisions of both 40 CFR parts 61 and 63.
D. What is our rationale for selecting the proposed standards for area
sources?
1. Selection of Proposed Standards
Stripping is the primary control measure used at major sources of
PVC and copolymer production facilities to control HAP emissions and
meet the vinyl chloride emissions limits required by 40 CFR part 61,
subpart F, which applies to both major and area sources in this
category. Stripping at the production stage to recover unreacted
feedstock reduces the air emissions from the product by reducing the
residual HAP in the product. In addition to stripping, other HAP
control measures that may be employed to meet the subpart F standards
include: (1) operating under a closed-vent system with add-on control
(e.g., flare) to incinerate HAP gases not returning to the process, and
(2) minimizing the presence of HAP before opening a reactor or piece of
process equipment containing vinyl chloride monomer and other HAP.
Subpart F also requires facilities to comply with the work practice
standards for ongoing leak detection and repair prescribed in 40 CFR
part 61, subpart V. As shown in major source facilities, these
conventional control techniques and work practices are readily
available and highly effective in controlling vinyl chloride emissions
at PVC and copolymer production facilities. Although we are not aware
of any existing area source, we have no reason to believe that the
conventional control techniques employed at major sources to meet the
emissions limits and work practice standards in subpart F are
infeasible, impractical, or inappropriate for area sources. Therefore,
we have determined that the emissions control requirements at 40 CFR
part 61, subpart F represent GACT for new and existing sources in the
Polyvinyl Chloride and Copolymer Production area source category.
[[Page 59306]]
2. Selection of Proposed Compliance Requirements
We have reviewed the compliance requirements in the vinyl chloride
standard and part 61 General Provisions applicable to this proposed
NESHAP and concluded that these requirements are sufficient to ensure
compliance with the proposed emissions limits and work practice
standards. Therefore, we are including the part 61, subpart F
performance test, monitoring requirements, and recordkeeping
requirements in this proposed rule.
The General Provisions applicable to the subpart F standard (40 CFR
part 61, subpart A), are necessary for effective application of the
subpart F standard and are therefore incorporated into this proposed
rule as well. We are also incorporating certain provisions in the
General Provisions of part 63, subpart A to address aspects of this
proposed rule not covered by the part 61 General Provisions.
Specifically, we need to incorporate certain provisions in Sec. Sec.
63.1 and 63.5 of the part 63 General Provisions which delineate
applicability, construction, and reconstruction. However, we are not
applying provisions within 40 CFR 63.1 and 63.5 that are already
covered by part 61 General Provisions. We are proposing to apply the
provisions in 40 CFR 63.1(a) except for the provisions in 40 CFR
63.1(a)(11) and (12) regarding notices, time periods, and postmarks; 40
CFR 63.1(b) except paragraph (b)(3); 40 CFR 63.1(c); 40 CFR 63.1(e);
and 40 CFR 63.5 except for the references to 40 CFR 63.6 for compliance
procedures and the references to 40 CFR 63.9 for notification
procedures. Because the part 61 General Provisions do not include
requirements for SSM plans and reports, we are also proposing to
require the owner or operator of a new or existing area source to
comply with the SSM requirements in 40 CFR 63.6(e)(3) except for the
requirement in 40 CFR 63.6(e)(3)(ix) to include the SSM provisions in
the title V permit.
E. What is our rationale for exempting polyvinyl chloride and
copolymers production area sources from the CAA title V permit
requirements?
Section 502(a) of the CAA provides that EPA may exempt one or more
area sources from the requirements of title V if EPA finds that
compliance with such requirements is ``impracticable, infeasible, or
unnecessarily burdensome'' on such area sources. EPA must determine
whether to exempt an area source from title V at the time we issue the
relevant section 112 standard (40 CFR 70.3(b)(2)). We are proposing in
this action to exempt PVC and copolymers production area sources from
the requirements of title V. PVC and copolymers production area sources
would not be required to obtain title V permits solely as a function of
being the subject of the proposed NESHAP; however, if they were
otherwise required to obtain title V permits, such requirement(s) would
not be affected by the proposed exemption.
Consistent with the statute, EPA has found that compliance with
title V permitting is ``unnecessarily burdensome'' for PVC and
copolymers production area sources. EPA's inquiry into whether this
criterion was satisfied was based primarily upon consideration of the
following four factors: (1) Whether title V would result in significant
improvements to the compliance requirements that we are proposing for
this area source category; (2) whether title V permitting would impose
a significant burden on these area sources and whether that burden
would be aggravated by any difficulty these sources may have in
obtaining assistance from permitting agencies; (3) whether the costs of
title V permitting for these area sources would be justified, taking
into consideration any potential gains in compliance likely to occur
for such sources; and (4) whether there are implementation and
enforcement programs in place that are sufficient to assure compliance
with this NESHAP without relying on title V permits.
Additionally, EPA also considered, consistent with the guidance
provided by the legislative history of CAA section 502(a),\2\ whether
exempting PVC and copolymers production area sources would adversely
affect public health, welfare or the environment. We first determined
the extent to which these factors were present for this area source
category. We then determined whether those factors collectively
demonstrated that compliance with title V requirements would be
unnecessarily burdensome for PVC and copolymer production area sources.
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\2\ The legislative histroy of section 502(a) suggests that EPA
should not grant title V exemptions where doing so would adversely
affect public health, welfare, or the environment. (See Chafee-
Baucus Statement of Senate Managers, Environment and Natural
Resources Policy Division 1990 CAA Leg. Hist. 905, Compiled
November, 1993.)
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The first factor is whether title V would result in significant
improvements to the compliance requirements we are proposing for this
area source category. We looked at the compliance requirements of the
proposed NESHAP to see if they were substantially equivalent to the
monitoring, recordkeeping and reporting requirements of title V (see 40
CFR 70.6 and 71.6) that we believe are important for assuring
compliance with the NESHAP. The purpose of this review was to determine
if title V is ``unnecessary'' to improve compliance with this NESHAP. A
finding that title V would not result in significant improvements to
the compliance requirements in the proposed NESAHP would support a
conclusion that title V permitting is ``unnecessary'' for area sources
in this category. One way that title V may improve compliance is by
requiring monitoring (including recordkeeping designed to serve as
monitoring) to assure compliance with the emission limitations and
control technology requirements imposed in the standard. The authority
for adding new monitoring in the permit is in the ``periodic
monitoring'' provisions of 40 CFR 70.6(a)(3)(i)(B) and 40 CFR
71.6(a)(3)(i)(B), which allow new monitoring to be added to the permit
when the underlying standard does not already require ``periodic
testing or instrumental or noninstrumental monitoring (which may
consist of recordkeeping designed to serve as monitoring).'' In
addition, title V imposes a number of recordkeeping and reporting
requirements that may be important for assuring compliance. These
include requirements for a monitoring report at least every 6 months,
prompt reports of deviations, and an annual compliance certification.
See 40 CFR 70.6(a)(3) and 40 CFR 71.6(a)(3), 40 CFR 70.6(c)(1) and 40
CFR 71.6(c)(1), and 40 CFR 70.6(c)(5) and 40 CFR 71.6(c)(5).
To determine whether title V permits would add significant
compliance requirements to the proposed NESHAP for PVC and copolymer
area sources, we compared the title V monitoring, recordkeeping, and
reporting requirements mentioned above to those requirements in the
proposed NESHAP for the Polyvinyl Chloride and Copolymer Production
area source category, which adopts the compliance requirements in the
National Emission Standard for Vinyl Chloride. See 40 CFR 61.60. We
also reviewed the part 61 compliance requirements (specifically 40 CFR
61.67 through 61.71) applicable to this proposed NESHAP. The proposed
NESHAP would require a vinyl chloride CEMS for the regulated emissions
sources (except for sources following the stripper) and for any control
system to which reactor emissions or fugitive emissions must be ducted.
Plants using a stripper to comply with the NESHAP must also
[[Page 59307]]
determine the daily average vinyl chloride concentration for each type
of resin. Because both the continuous and noncontinuous monitoring
methods required by the proposed NESHAP would provide periodic
monitoring, title V would not add any monitoring to the proposed
NESHAP.
We also considered the extent to which title V could enhance
compliance for area sources through recordkeeping or reporting
requirements, including title V requirements for a 6-month monitoring
report, deviation reports, and an annual compliance certification in 40
CFR 70.6 and 71.6. The proposed NESHAP requires the owner or operator
to submit quarterly reports containing information on emissions or
resin concentrations that exceed the applicable limits. Records are
required to demonstrate compliance, including a daily operating log for
each reactor, all emissions measurements, and leak detection and
repair. The information required in the proposed NESHAP is similar to
the information that must be provided in the deviation reports and
semiannual monitoring reports required under 40 CFR 70.6(a)(3) and 40
CFR 71.6(a)(3). The proposed NESHAP does not require an annual
compliance certification report, which is a requirement of a title V
permit. See 40 CFR 70.5(c)(9)(iii) and 40 CFR 71.6(c)(5)(i). EPA
believes that the annual certification reporting requirement is not a
significant compliance requirement because the quarterly reports are
adequate to ensure compliance.
The monitoring, recordkeeping and reporting requirements in the
proposed NESHAP for the Polyvinyl Chloride and Copolymers Production
area source category are substantially equivalent to such requirements
under title V. Therefore, we conclude that title V would not result in
significant improvements to the compliance requirements we are
proposing for this area source category.
The second factor we considered is whether title V permitting would
impose significant burdens on these area sources and whether that
burden would be aggravated by any difficulty these sources may have in
obtaining assistance from permitting agencies. The information
collection request (ICR) for parts 70 and 71 describes the title V
burdens and costs in the aggregate, and although they do not focus on
area sources, they do describe the various activities undertaken by
title V sources, including area sources, so many of the same burdens
and costs described in the ICR will also apply to area sources. Some
examples of this burden include reading and understanding permit
program guidance and regulations, completing the permit application,
preparing and submitting applications for permit revisions every 5
years, and paying permit fees. We believe that this cost is a
significant burden for these area sources based on our general
assessment of this area source category.
The third factor we considered is whether the costs of title V
permitting for these area sources would be justified, taking into
consideration any potential gains in compliance likely to occur for
such sources. We found above that the costs of title V would be a
significant burden on these area sources. Also, based on our
consideration of factor 1 (described above) and factor 4 (described
below), we did not identify potential gain in compliance with this
proposed NESHAP from title V permitting. Therefore, we conclude that
the costs of title V permitting for this area source category are not
justified.
The fourth factor we considered is whether there are implementation
and enforcement programs in place that are sufficient to assure
compliance with this NESHAP without relying on title V permits. A
conclusion that this criteria can be met would support a conclusion
that Title V permitting is ``unnecessary'' for these area sources. See
70 FR 15254. There are State programs in place to enforce this area
source NESHAP. We believe that these programs are sufficient to assure
compliance with this NESHAP. In addition, EPA retains authority to
enforce this NESHAP anytime under CAA sections 112, 113 and 114. In
light of the above, we conclude that title V permitting is
``unnecessary'' to assure compliance with this NESHAP because the
statutory requirements for implementation and enforcement of this
NESHAP by the delegated States and EPA are sufficient to assure
compliance with this area source NESHAP, in all parts of the U.S.,
without title V permits. In addition, small business assistance
programs required by CAA section 507 may be used to assist area sources
that have been exempted from title V permitting. Also, States and EPA
often conduct voluntary compliance assistance, outreach, and education
programs (compliance assistance programs), which are not required by
statute. These additional programs supplement and enhance the success
of compliance with this area source NESHAP. In light of all of the
above, we conclude that there are implementation and enforcement
programs in place that are sufficient to assure compliance with this
NESHAP without relying on title V permitting.
In addition to evaluating whether compliance with title V
requirements is ``unnecessarily burdensome'', EPA also considered,
consistent with guidance provided by the legislative history of section
502(a), whether exempting PVC and copolymer production area sources
from title V requirements would adversely affect public health,
welfare, or the environment. One of the primary purposes of the title V
permitting program is to clarify, in a single document, the various and
sometimes complex regulations that apply to sources in order to improve
understanding of these requirements and to help sources to achieve
compliance with the requirements. In this case, however, we do not
believe that a title V permit is necessary for us to understand all
requirements applicable to PVC and copolymers production area sources.
To our knowledge, currently the only applicable requirements to these
area sources are 40 CFR part 61, subpart F. This proposal would not add
new requirements to PVC and copolymers production area sources. We have
determined that the subpart F requirements reflect GACT and thus
adopted them in this proposed rule. Furthermore, we do not find subpart
F standards to be very complicated to understand or implement. For
these reasons, we do not find that title V permitting is necessary to
improve understanding of and achieve compliance with these standards.
Therefore, we conclude that exempting these area sources from title V
permitting requirements in this proposed rule would not adversely
affect public health, welfare, or the environment.
Based on the above analysis, we conclude that title V permitting
would be ``unnecessarily burdensome'' for PVC and copolymer production
area sources. We are, therefore, proposing that this area source
category be exempt from title V permitting requirements.
IV. Proposed NESHAP for Primary Copper Smelting Area Sources
A. What area source category is affected by the proposed NESHAP?
1. Source Category Description
Copper metal produced directly from copper ore is referred to as
``primary copper.'' The primary copper smelting source category
includes facilities that produce copper from copper sulfide ore
concentrates using a pyrometallurgical process.
Currently, there are three primary copper smelters operating in the
U.S. Two of these smelters are major sources
[[Page 59308]]
of HAP emissions and are subject to the NESHAP for primary copper
smelters in 40 CFR part 63, subpart QQQ. The third smelter is an area
source and is not subject to the NESHAP in subpart QQQ, which only
applies to major sources.
Each of the three primary copper smelters is located in relatively
close proximity to the copper mines supplying the copper ore. Copper
ore excavated from mines is beneficiated to produce copper ore
concentrate. The ore concentrates are first dried to reduce the
moisture content. The dried concentrate then is blended with fluxes and
secondary copper-bearing materials. This mixture is fed to a flash
smelting furnace where the ore is melted and reacts to produce copper
matte, a molten solution of copper sulfide mixed with iron sulfide.
The copper matte from the smelting furnace is converted to blister
copper (approximately 98 percent pure copper) by oxidization to remove
the sulfur as sulfur dioxide (SO2) gas and the iron as a
ferrous oxide slag. The molten slag from converting is cooled and may
be processed in slag concentrators to remove residual copper before on-
site disposal. The SO2 gases from smelting and converting
are vented to a sulfuric acid plant. Copper converting is conducted as
a batch process in which molten matte is charged to large horizontal,
cylindrical vessels or as a continuous process in which solid matte
granules are fed to a flash smelting furnace-like vessel.
Molten blister copper is transferred from the converting vessel to
an anode furnace for refining to further remove residual impurities and
oxygen. The blister copper is reduced in the anode furnace to remove
oxygen, typically by injecting natural gas and steam to produce a high
purity copper. The molten copper from the anode furnace is poured into
molds to produce solid copper ingots called anodes. The anode copper is
sent to a copper refinery, either on-site or at another location, where
it is further purified using an electrolytic process to obtain the
high-purity copper that is sold as a product.
The overall function of a primary copper smelter, regardless of the
technologies used, is to produce anode copper from copper ore
concentrates. However, there are key differences between how the anode
copper is produced at a smelter using flash copper converting
technology compared to smelters use batch copper converting technology.
These differences allow a smelter using flash copper converting
technology to have inherently lower potential HAP emissions than a
smelter using batch copper converting technology.
2. Existing Sources
The primary copper smelter that is an area source uses flash copper
converting technology. At this smelter, molten copper matte tapped from
a flash smelting furnace is not transferred as molten material directly
to the converting vessel as is performed at the two major source
smelters that use batch copper converting technology. Instead, the
matte is first quenched with water to form solid granules of copper
matte. These matte granules are then ground to a finer texture and fed
to the flash converting furnace. This furnace differs significantly in
design and operation from the cylindrical batch converters operated at
the other U.S. smelters. Also, only one flash converting furnace is
needed at the area source smelter compared to multiple batch copper
converter vessels at the other smelters.
Most of the process fugitive emissions associated with smelters
using batch copper converting do not occur in the flash copper
converting process. There are no crane transfers of molten material in
open ladles between the smelting, converting, and anode refining
departments. In addition, because flash copper converting is conducted
in an enclosed vessel as a continuous process, no process off-gases
escape capture, which occurs during the cyclic rolling-out of the batch
copper converters for charging, skimming, and pouring.
While potential HAP emissions are overall lower from flash copper
converting due to the elimination of emissions points, the blister
copper produced by the continuous flash copper converter may contain
higher levels of residual metal HAP impurities than that produced by
the batch copper converting technology. At the smelter using flash
copper converting, however, the anode furnaces and casting operations
are vented to emissions control equipment that is effective in
controlling metal HAP emissions from these processes that follow the
flash copper converting process.
3. New Sources
Record-high commodity prices for refined copper are motivating
companies to expand copper production capacity in the U.S. and other
countries to meet higher demand. The announcement of several new copper
mine projects in the southwestern U.S. indicates that primary copper
production will be increasing in the foreseeable future. For example,
three copper mine projects currently are planned for development in
southeastern Arizona. Production at two of these mines is planned to
start within the next several years.
Increased copper mine development in the U.S. does not
automatically trigger the building of new primary copper smelters. For
instance, there have been no announcements that new smelters are
planned to be built or would be necessary to process the copper ore
from the new mine developments. The output from these new mines will
probably be processed using the alternative hydrometallurgical process
because of economic and technological advantages. This wet process
involves leaching, solvent extraction, and electrowinning steps instead
of the high temperature smelting and converting steps used for the
pyrometallurgical process.
The hydrometallurgical process is conducted in facilities built
near the mine site. This process is preferable for low copper content
ores because of lower production costs compared to the costs of
smelting and refining the ore. Further, because it is a wet process and
does not use any operations involving high temperatures and the
handling of molten materials, the potential for emission of HAP metals
to the atmosphere is very low. Hydrometallurgical processes are not
included in the Primary Copper Smelting area source category.
Although smelters will not be used in association with the new
mining projects mentioned above, we recognize that the record-high
commodity prices for refined copper may encourage construction of new
primary copper smelters in the U.S. Currently, copper smelting
technologies other than the batch and flash copper converting
technologies are commercially available and are being selected for new
smelters in other countries. Because these smelting technologies are
more technologically advanced and cost effective in producing copper
than the technologies currently employed at the three existing U.S.
smelters, they would likely be used in the U.S. if new smelters are
constructed.
B. What HAP are emitted from primary copper smelters?
Metals other than copper naturally occur in copper ore deposits,
and some of these metals are listed as HAP under CAA section 112(b). In
general, the HAP metals that have been found in larger quantities in
copper ore mined and smelted in the U.S. are lead and arsenic. Lesser
quantities of antimony, beryllium, cadmium, chromium, cobalt,
manganese, mercury, nickel, and selenium have also been detected. As
[[Page 59309]]
previously mentioned, the primary copper smelting area source category
was listed for regulation under CAA sections 112(c)(3) and 112(k)(3)(B)
due to emissions of the urban HAP arsenic, cadmium, chromium, nickel,
and lead.
HAP metals in the copper ore are released into the atmosphere in
the form of PM during certain high temperature operations. The
composition and quantity of the potential HAP emissions from a given
smelter are directly related to the level of metal impurities in the
copper concentrate processed at the smelter.
C. What are the proposed requirements for area sources?
1. Applicability and Compliance Dates
The proposed NESHAP applies to each new or existing primary copper
smelter that is an area source of HAP. Because the one existing area
source is already operating subject to PM control requirements that are
the same as those in this proposed NESHAP, we are proposing that an
existing affected source comply by [DATE OF PUBLICATION OF THE FINAL
RULE IN THE Federal Register]. A new affected source would be required
to comply by [DATE OF PUBLICATION OF THE FINAL RULE IN THE Federal
Register] or upon initial startup, whichever is later.
2. Emissions Limits and Work Practice Standards
The owner or operator of an existing area source would be required
to control HAP emissions from copper concentrate drying, copper
concentrate smelting, copper matte drying and grinding, copper matte
converting, and copper anode refining and casting operations. The
proposed NESHAP requires that gases and fumes generated by these
processes be captured and vented through one or more PM control
devices. Total PM emissions from the captured gas streams from all of
these processes would be limited on a smelter-wide basis to no greater
than 89.5 pounds per hour (lb/hr) as determined on a 24-hour average
basis.
Similarly, the owner or operator of a new area source would be
required to control HAP emissions from all primary copper smelting
processes, including but not limited to those processes mentioned above
that are applicable to the new sources's smelter design. The proposed
standard requires that gases and fumes generated by these processes at
a new source be captured and vented through one or more PM control
devices. However, instead of the 89.5 lb/hr emissions limit, we would
require a new source to achieve a facility input-based emission rate
for total PM no greater than a daily (24-hour) average of 0.6 pounds
per ton (lb/ton) of copper concentrate feed charged to the smelting
vessel.
The proposed NESHAP also require a secondary gas system for each
smelting vessel and converting vessel that collects the gases and fumes
released during the molten material transfer operations and conveys the
collected gas stream to a control device. Capture systems that collect
gas and fumes and convey them to a control device also would be
required for operations in the anode refining and casting department.
3. Compliance Requirements
For existing area sources, we are proposing to apply the testing,
monitoring, recordkeeping, and reporting requirements for PM emissions
currently applicable to the only existing area source smelter.
Compliance with the proposed emissions limit for existing area sources
would be based on the daily average PM emissions measured by a PM CEMS.
The owner or operator would submit reports of deviations within two
weeks of the date the deviation occurred, monthly summaries of
monitoring data, and semiannual monitoring reports. We are also
proposing that the owner or operator comply with the requirements in 40
CFR 63.6(e)(3) for SSM plans and reports.
The owner or operator of an existing area source would be required
to comply with notification requirements in 40 CFR 63.9 of the General
Provisions (40 CFR part 63, subpart A). In the notification of
compliance status required in 40 CFR 63.9(h), the owner or operator
would be allowed to certify initial compliance with the proposed
emissions limit based on monitoring data collected during the previous
month. The owner or operator would also certify initial compliance with
the work practice standards.
The owner or operator of a new primary copper smelter would be
required to install, operate, and maintain a CEMS to measure and record
PM concentrations and gas stream flow rates for each emissions source
subject to the emissions limit. The proposed NESHAP requires that the
PM CEMS meet EPA Performance Specification 11 (40 CFR part 60, appendix
B). A device to measure and record the weight of the copper concentrate
feed charged to the smelting furnace each day also would be required.
The owner or operator would be required to continuously monitor PM
emissions, determine and record the daily (24-hour) value for each day,
and calculate and record the daily average pounds of total PM per ton
of copper concentrate feed charged to the smelting furnace. A monthly
summary report of the daily averages of PM per ton of copper
concentrate feed charged to the smelting vessel also would be required.
All notification, monitoring, testing, operation and maintenance,
recordkeeping, and reporting requirements of the part 63 General
Provisions would apply to the owner or operator of a new source.
D. What is our rationale for selecting the proposed standards for area
sources?
1. Selection of Pollutants
The HAP emissions from primary copper smelters originate primarily
from metal impurities that naturally occur in copper ore concentrates.
During the smelting process and the subsequent converting process to
produce blister copper, these HAP metal species either are eliminated
in the molten slag tapped from the process vessels or are vaporized and
discharged in the off-gases vented from the vessels. HAP metals may
also be emitted from other processes that contain molten materials,
such as anode refining and the casting operation. Upon cooling of the
process off-gas, the volatilized HAP metal species condense, form
aerosols, and behave as PM.
The composition and amounts of metal HAP in the copper ore
concentrates can vary from one smelter to another, as well as over time
at individual smelters depending on the ore deposit from which the
copper ore concentrate is obtained. This inherent variability and
unpredictability of the metal HAP compositions and amounts in copper
ore concentrates have a material effect on the composition and amount
of HAP metals in the process off-gas emissions at the smelter. As a
result, establishing individual numerical emissions limits for each HAP
metal species is difficult given the level of uncertainty about the
individual metal HAP compositions of the copper ores processed at a
smelter.
An emissions characteristic common to all smelters and similar
source categories is that metal HAP are a component of the PM contained
in the process off-gas discharged from smelting, converting, anode
refining, and casting operations. Emissions limits established to
achieve control of PM will also achieve control of metal HAP other than
mercury. Consequently, we chose to use PM as a surrogate for the urban
HAP, which are metal HAP, in establishing emissions limits. This
approach is consistent with the
[[Page 59310]]
approach we used for the emissions limits established in the NESHAP for
primary copper smelters in 40 CFR part 63, subpart QQQ.
2. Selection of Proposed Standards
We are aware of only one existing primary copper smelter that is an
area source. This smelter was built in the mid-1990's and uses flash
copper converting technology. The smelter was originally designed to
use the most advanced controls that were available at that time to
achieve emissions reductions that met or exceeded levels required to
comply with the existing State and Federal requirements to control PM
emissions. Extensive emissions controls and work practices are used for
all process and fugitive PM emissions sources at this smelter to
control PM and therefore metal HAP emissions.
The existing area source smelter operates emissions control systems
that capture and control off-gases from the copper concentrate drying,
smelting, converting, and anode refining and casting operations. All
process gases from these copper smelting operations are routed to
control devices (for many sources, a series of control devices) that
achieve high-efficiency removal of PM and metal HAP from the gas stream
before being discharged through a single main stack. Also included in
the combined gas stream vented through this main stack are captured
gases and fumes from the smelting and converting furnaces' tapping
ports and launders and from the matte drying and grinding operations.
The work practices described above to control PM and metal HAP
emissions are requirements in this area source smelter's current title
V permit. The smelter's ability to demonstrate compliance with these
requirements on a long-term basis indicates that the facility owner has
the technical and economic capabilities to implement these
requirements, which are highly effective in controlling PM and metal
HAP emissions. Therefore, we conclude that these requirements reflect
GACT for primary copper area source smelters.
The source has a total PM emissions limit for the main stack gases.
This facility-wide PM emissions limit for the smelter process off-gases
is based on the operating practices and the emissions control system
configurations used at this area source smelter. The maximum allowable
PM emissions level for the smelter as measured at the main stack is
89.5 lb/hr based on a 24-hour average. A continuous sampling system
that measures PM is installed in the main stack. Results from this
continuous sampler are used to calculate the 24-hour average for each
day of the month with a summary of the 24-hour averages reported to the
State each month for the previous month.
PM and metal HAP emissions are effectively controlled at this
existing area source by its compliance with the facility-wide emissions
limit and work practice standards mentioned above, which are
requirements in its title V permit. Although these requirements in
certain aspects are specific to this facility, we think it is
appropriate to adopt these requirements as the standards for existing
sources of primary copper production because this is the only existing
area source in this source category.
We are not certain that a new smelter would use flash copper
converting technology, and if it did, that it would be in the
configuration installed at the existing smelter. A new smelter may use
one of the other commercially available continuous smelting and
converting technologies that are based on bath smelting technology or
an innovative new continuous copper smelting and converting process
that is not yet in commercial operation.
Because a new primary copper smelter may use a distinctly different
converting technology from the flash copper converting technology, the
format of the emissions limit we are proposing to adopt as an existing
source requirement is not appropriate for a new source. For reasons set
forth below, we believe that an input-based emissions limit is
appropriate for new sources.
Emissions limits based on production levels can be input-based
(i.e., based on raw materials consumed in making a product) or output-
based (i.e., based on amount of product made). Because the composition
and quantity of the potential metal HAP emissions from a given smelter
are directly related to the level of metal impurities in the copper
concentrate, we decided that an input-based emissions limit would be
appropriate for new sources. Using the nominal design feed charge rate
for the smelting furnace, we calculated that the 89.5 lb/hr PM
emissions limit for the primary copper smelter would correspond to an
input-based PM emissions limit of 0.6 lb/ton of copper concentrate
feed. We are proposing that compliance with this emissions limit be
determined on a daily basis. Because this input-based emissions limit
is derived from the 89.5 lb/hr daily average emissions limit, it would
ensure that emissions from a new source are limited at a level
equivalent to the emissions limit for the existing source.
3. Selection of Proposed Compliance Requirements
For existing area sources, we are proposing to adopt the testing,
monitoring, recordkeeping, and reporting requirements for PM emissions
currently applicable to the only existing area source smelter. We
reviewed these requirements as specified in the source's title V permit
and concluded that these requirements are sufficient to ensure
compliance with the proposed facility-wide emissions limit and work
practice standards. These requirements include a PM CEMS, reports of
deviations, monthly summaries of monitoring data, and semiannual
monitoring reports.
For new area sources, we would apply the notification, testing,
monitoring, operation and maintenance, recordkeeping, and reporting
requirements in the General Provisions (40 CFR part 63, subpart A). The
General Provisions (40 CFR part 63, subpart A) are necessary for
effective application of the standard for new area sources and are
therefore incorporated into the proposed rule. These requirements are
sufficient to ensure compliance with the proposed emissions limit and
work practice standards.
Because permit information for the existing facility does not
identify requirements for an SSM plan, we are proposing that the owner
or operator of an existing or new area source be required to comply
with the SSM requirements in 40 CFR 63.6(e)(3). Section 63.6(e)(3)(ix)
of the General Provisions requires that the title V permit for a source
include provisions for an SSM plan. According to Section
63.6(e)(3)(ix), the permit may fulfill this requirement by citing the
relevant paragraphs of 40 CFR 63.6(e). Revisions made to the plan do
not constitute permit revisions and the elements of the plan are not
applicable requirements under 40 CFR 70.2 and 71.2.
V. Proposed NESHAP for Secondary Copper Smelting Area Sources
A. What source category is affected by the proposed NESHAP?
1. Source Category Description
A significant amount of copper metal consumed in the U.S. has been
produced historically by remelting, smelting, and refining scrap
materials containing copper. These scrap materials can be recycled
post-industrial wastes, such as copper trimmings from manufacturing
processes or post-consumer wastes such as recovered old consumer
products containing copper.
[[Page 59311]]
Copper metal produced from copper scrap is referred to as ``secondary
copper.''
There is a variety of types of copper scrap with varying copper
contents. High-quality unalloyed copper scrap often contains more than
99 percent copper and is remelted directly. Other types of copper scrap
have lower copper contents and must be processed before they can be
reused in manufacturing copper products. Types of copper scrap with
lower copper contents include scrap from copper alloys (e.g., brass and
bronze scrap) and industrial residuals that contain copper (e.g.,
skimmings, ashes, refining slag, flue dusts). The prices paid for
copper scrap materials depend on the commodity price for refined copper
and the type of scrap. In general, prices for scrap copper track
refined copper price trends with higher prices being paid for copper
scrap categories with higher copper purity.
Copper scrap referred to as old scrap is obtained from used, worn
out, or obsolete copper products that are recycled or recovered. This
scrap is obtained by collecting discarded, dismantled or obsolete
copper-containing products at the end of their service lives. Another
source of old scrap is copper building materials salvaged from
demolition sites. Examples of old scrap include recycled electrical
cable and wiring, copper plumbing pipes from building demolitions,
windings from worn electric motors, salvaged automobile radiators,
dismantled printed circuit boards, obsolete telephone switching gear,
recovered ammunition casings, and copper-based spent catalysts. In
general, the copper content of old scrap ranges from less than 30 to
more than 98 percent copper depending on the source. Old scrap
typically requires some pre-treatment, such as cleaning and
consolidation, in preparation for smelting.
The other major category of copper scrap, referred to as new scrap,
is scrap generated during manufacturing processes and from other copper
materials that have never entered the consumer markets. Examples of new
scrap include machining turnings, stampings, and cuttings from
manufacturing processes, as well as defective products pulled prior to
shipment. New scrap can often be recycled directly with little or no
pretreatment. New scrap may be collected and sold to third-party
secondary copper processors or may be recycled directly within the
manufacturing facility that generates the copper scrap.
Facilities that process copper scrap can be classified into three
general categories: smelters, ingot makers, and remelters. The listing
of this source category included only secondary copper smelters, which
are the subject of this proposed NESHAP. Secondary copper smelters
process copper scrap in a blast furnace and converter or use another
pyrometallurgical purification process to produce anode copper from
copper scrap, including low grade copper scrap. The distinguishing
features of secondary copper smelters are the type of pyrometallurgical
process used and the final product, which is anode copper. Most U.S.
copper smelters charged low grade copper scrap along with fluxes into a
cupola blast furnace followed by additional purification in copper
converters. One facility processed low-grade copper scrap using a
combined smelting and converting process conducted in a top blown
rotary converter. All of these plants fire refined the copper to
produce anode copper.\3\
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\3\ There are no existing secondary copper smelters as defined
in the proposed rule.
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Secondary copper smelters may have on-site pretreatment processes
to clean and consolidate the copper scrap in preparation for smelting.
Concentrating can be performed either manually or mechanically and can
include sorting, stripping, shredding, and magnetic separation. The
scrap can be further refined using sweating, insulation burning,
drying, flotation, and leaching. The type of pretreatment processes
used depends on the type and source of the copper scrap.
A similarity with primary copper producers is that the molten
copper is transferred from the converting vessel to an anode furnace
for additional fire refining to further remove residual impurities and
oxygen. The molten copper from the anode furnace is poured into molds
to produce solid copper called anodes. The anode copper is sent to a
copper refinery, either on-site or at another location, where it is
further purified using an electrolytic process to obtain the high-
purity copper that is used for manufacturing products.
Secondary copper smelters are part of the broad standard industrial
classification (SIC) code 3341 (secondary nonferrous metals), which
also includes copper, brass, and bronze ingot makers as well as
producers of several other secondary nonferrous metals. The area source
category listing of secondary copper smelting, a small subset of SIC
3341, was based on the contribution of secondary copper smelters to
emissions of the urban HAP cadmium, lead and dioxin. For several
national emission standards, EPA has defined source categories and
applicability based on the types of processes in place rather than
defining applicability in terms of the broad definition of an SIC code.
In this case, ingot makers and other producers of certain secondary
nonferrous metals (other than secondary copper smelters as defined in
this proposed rule) are not included in the secondary copper smelting
area source category.
2. Existing Sources
The secondary copper smelting plants that served as the basis for
emissions estimates for the secondary copper smelting area source
category were Gaston Recycling Industries (Gaston, South Carolina),
Franklin Smelting and Refining (Philadelphia, Pennsylvania), Cerro
Copper Products (Sauget, Illinois), Southwire Company (Carrollton,
Illinois), and Chemetco, Inc. (Hartford, Illinois). All of these plants
have shut down, and no similar secondary copper smelters have been
constructed. There are also no existing major source secondary copper
smelters.
Secondary copper smelting was once a thriving industrial sector in
the U.S. with smelters operating in many regions of the country.
However, the last of the smelters closed in the late 1990's and early
2000's during a period of depressed prices for refined copper,
increased production costs, and other site-specific factors. In
addition, scrap copper collected in the U.S. was increasingly exported
to China and other countries with little or no processing, which
increased the prices U.S. secondary copper smelters paid for scrap
copper. The last U.S. secondary copper smelter (Chemetco) closed in
2001. Our information indicates that equipment and operations for
secondary copper production at these previously operating smelters have
all been dismantled. Therefore, there is not any, nor would there ever
be, an existing source secondary copper smelter that would be subject
to the proposed rule.
3. New Sources
While there are no existing secondary copper smelters in the U.S.,
secondary copper smelters are operating in several other countries.
Secondary copper smelting technologies currently being developed and
utilized are significantly different from the processes once used at
U.S. smelters. These new technologies provide better control of air
emissions and produce inherently lower HAP emission levels because they
do not have many of the fugitive
[[Page 59312]]
emissions points associated with the older smelting technologies.
Record-high commodity prices for refined copper are motivating
companies to expand primary copper production capacity in the U.S. If
the rebound in refined copper commodity prices is stimulating the
development of primary copper production, it is possible that these
higher copper prices will also encourage the return of the secondary
copper smelting industry to the U.S. New secondary copper smelting
operations could be built by independent companies to produce refined
copper for sale or by companies that use copper as a raw material in
their manufacturing processes (e.g., electrical wire and cable
manufacturers).
The average price spread between refined copper and copper scrap
has returned to the levels in the mid-1990's during which secondary
copper smelters operated profitably in the U.S. The price spread levels
that supported the U.S. secondary copper smelting industry in the past
might have changed in the late 1990's because of new cost
considerations such as more stringent pollution abatement requirements,
increased competition for the U.S. scrap copper supply by foreign
smelters, and other factors. Based on the information we have
collected, however, we conclude that the economic conditions for
secondary copper smelters are more favorable today than they were in
the late 1990's and early 2000's when the last U.S. smelters closed.
Therefore, it is possible that the industry will reemerge in the U.S.
B. What HAP are emitted from secondary copper smelters?
Copper scrap that is collected and reprocessed may contain HAP
metals, including the urban HAP metals cadmium and lead, for which
secondary copper smelters are listed for regulation under CAA sections
112(c)(3) and 112(k)(3)(B). HAP metals occur in the scrap as a result
of other metals used in conjunction with copper for certain industrial
and consumer applications, such as the use of lead solders for
assembling copper plumbing pipes. Metal HAP can be released into the
atmosphere in the form of PM during certain high-temperature copper
scrap smelting operations.
As with metal HAP emissions from primary copper smelters (see
section IV.B of this preamble), the presence and concentrations of
specific HAP metals in a copper scrap material vary depending on the
material source. Consequently, the potential HAP emissions from a given
secondary copper smelter are directly related to the level of HAP
metals in the copper scrap material processed.
Secondary copper smelters were also listed for emissions of the
urban HAP dioxin. Dioxins may form when chlorinated plastics in the
scrap are heated to high temperatures in smelting furnaces.
In EPA's March 2005 Dioxin Reassessment (available at http://www.epa.gov/ncea/pdfs/dioxin/2k-update/), secondary copper smelters
were identified as contributors to the U.S. inventory of dioxin
emissions in 1995 when three secondary copper smelters were operating.
Secondary copper smelters have a high potential for dioxin emissions
because of the abundance of chlorinated plastics in the copper scrap
that is used as feed material.
C. What are the proposed requirements for area sources?
1. Applicability and Compliance Dates
The proposed NESHAP apply to each new secondary copper smelter that
is an area source of HAP. A new affected source would be required to
comply by [DATE OF PUBLICATION OF THE FINAL RULE IN THE Federal
Register] or upon initial startup, whichever is later.
2. Emission Limit and Work Practice Standards
We are proposing that any new secondary copper smelter apply a
capture and control system for PM emissions to any process operation
that melts copper scrap, alloys, or other metals or that processes
molten material. Emissions of PM from the control device must not
exceed 0.002 grains per dry standard cubic feet (gr/dscf). The owner or
operator must also prepare and follow a written plan for the selection,
inspection, and pretreatment of copper scrap to minimize, to the extent
practicable, the amount of oil and plastics in the scrap that is
charged to smelting or melting furnaces.
3. Compliance Requirements
Fabric filters (baghouses) are expected to be needed to meet the
proposed emission limit. Consequently, we are proposing monitoring
requirements that include bag leak detection systems when baghouses are
used. The owner or operator would keep records to document conformance
with requirements in the written plan for the selection, inspection,
and pretreatment of copper scrap. If a control device other than a
baghouse is used, the owner or operator would submit a monitoring plan
to the permitting authority for approval. The monitoring plan would
include performance test results showing compliance with the PM
emission limit, a plan for operation and maintenance of the control
device, a list of operating parameters that will be monitored, and
operating parameter limits that were established during the performance
test.
The owner or operator would conduct a performance test to
demonstrate initial compliance with the PM emissions limit and report
the results in the notification of compliance status required by 40 CFR
63.9(h) of the General Provisions. The PM concentration would be
determined using EPA Method 5 (for negative pressure baghouses) or
Method 5D (for positive pressure baghouses) in 40 CFR part 60, appendix
A. Repeat performance tests would be required every 5 years to
demonstrate compliance with the PM emissions limit. All requirements of
the part 63 General Provisions would apply to the owner or operator of
a new source.
D. What is our rationale for selecting the proposed standards for area
sources?
1. Selection of Proposed Standards
As discussed above, there is not and will never be any existing
area source secondary copper smelter. Copper production processes at
all of the previously existing secondary copper smelters have been
dismantled. Construction or reconstruction would be necessary should
there be an attempt to restart secondary copper production at any of
these facilities. Currently there is not any such construction or
reconstruction at these facilities, and construction or reconstruction
that occurs after this proposal would qualify the operation as a new
source. Because there is not, nor will there ever be, any existing area
source secondary copper smelter, a standard for existing area sources
of secondary copper smelters would never have any application. We do
not believe that Congress intended that we issue regulations that will
not have any application. Therefore, we are not proposing standards for
existing area sources of secondary copper smelters.
In the 1990 Amendments to the CAA, Congress directed EPA to
identify 30 HAP that present the greatest threat to public health in
the largest number of urban areas (urban HAP). (See sections 112(c)(3)
and 112(k)(3)(B) of the CAA.) The 1990 Amendments also directed EPA to
list sufficient area source categories to account for 90 percent or
more of the emissions of each urban
[[Page 59313]]
HAP and to address the urban HAP emissions from the listed sources
through regulation. Secondary copper smelting area sources contributed
to emissions of the urban HAP dioxin, cadmium and lead; therefore,
their urban HAP emissions are among those that EPA is directed to
address. Pursuant to this statutory obligation, we have studied this
area source category and have concluded that emissions of dioxin,
cadmium and lead from these sources have been eliminated and therefore
adequately addressed by the shutdown of these facilities.
However, we are proposing standards for new sources to ensure that
any potential emissions of these urban HAP from future secondary copper
smelting area sources will be appropriately controlled. For new
secondary copper smelters, we reviewed technologies that have been
applied to similar scrap melting processes in the U.S. For example,
almost all electric arc furnaces at steel mills that melt and recycle
iron and steel scrap are controlled by baghouses, several are subject
to a PM limit of 0.002 gr/dscf or less, and over 90 percent of the PM
test data collected for the entire industry show that PM emissions are
less than 0.002 gr/dscf. In addition, baghouses were identified as the
most effective PM control device used for emissions from cupolas (the
same type of furnace as that used at secondary copper smelters) that
melt metal scrap at iron and steel foundries. The NESHAP for iron and
steel foundries (40 CFR part 63, subpart EEEEE) established a PM limit
of 0.002 gr/dscf for new cupolas that melt metal scrap. We chose to
apply a PM limit of 0.002 gr/dscf as GACT to all melting furnaces and
other furnaces that process molten metal at a new secondary copper
smelter. This limit has been demonstrated as achievable by both new and
existing similar furnaces that process metal scrap, and it represents
the level of performance provided by the recommended technology for PM
in this application (i.e., a baghouse). The GACT determination for new
sources is also consistent with the United Nations Environment
Programme's guidelines on performance standards for new secondary
copper smelters (available at http://www.pops.int/documents/batbep_advance/intersessional_work/default.htm.) The guidelines recommend
high efficiency PM removal systems (such as fabric filters or
baghouses) and state that such systems should achieve a PM level of 5
milligrams per cubic meter (0.002 gr/dscf) for new secondary copper
smelters. As discussed earlier, the last secondary copper smelter (as
defined for this source category) shut down several years ago, and new
secondary copper facilities are not likely to use the older technology
that would subject them to this proposed rule. However, we are
requesting comment on whether the proposed standard for new sources is
accurate representation of GACT for new sources.
The United Nations Environment Programme has published guidelines
on best available techniques to reduce dioxin emissions from
metallurgical processes, including secondary copper smelting available
at http://www.pops.int/documents/batbep_advance/intersessional_work/default.htm. One of the pollution prevention measures is pre-sorting of
feed materials (scrap) to reduce the presence of oils, plastics, and
chlorine. Other pollution prevention methods include thermal de-coating
and de-oiling, milling and grinding with density or pneumatic
separation, and stripping cable insulation. Emission control devices
include fume collection with high efficiency PM removal (such as fabric
filters). The stringent proposed PM emissions limit (0.002 gr/dscf)
would ensure that high efficiency control devices for PM would be used.
We selected the pollution prevention measures and the PM emissions
limit as GACT for dioxin emissions from new secondary copper smelters.
The owner or operator of any new smelter must develop and implement a
written plan for the selection, inspection, and pretreatment of copper
scrap to minimize, to the extent practicable, the amount of oil and
plastics in the scrap that is charged to the smelting furnace. This is
accomplished by preparing and following a scrap management plan,
training scrap inspectors, and keeping records to show the plan is
implemented.
2. Selection of Proposed Compliance Requirements
We are proposing to base the compliance requirements on the
testing, monitoring, operation and maintenance, recordkeeping, and
reporting requirements in the General Provisions (40 CFR part 63,
subpart A). The General Provisions are necessary for effective
application of the standard for new area sources and are therefore
incorporated into the proposed rule. These requirements are sufficient
to ensure compliance with the proposed emissions limit and work
practice standards.
VI. Proposed NESHAP for Primary Nonferrous Metals--Zinc, Cadmium, and
Beryllium Area Sources
A. What area source category is affected by the proposed NESHAP?
The Primary Nonferrous Metals-Zinc, Cadmium, and Beryllium source
category includes establishments primarily engaged in smelting and
refining of three nonferrous metals--zinc, cadmium, and beryllium.
There are only two primary zinc smelters that are currently operating
in the U.S., and both are area sources. One of the smelters is subject
to the NSPS for primary zinc smelters (40 CFR part 60, subpart Q),
which applies to SO2 emissions from roasters and PM
emissions from sintering machines. Both facilities have title V
operating permits including requirements for the control of PM and
SO2.
There are no cadmium smelters in the U.S., and we do not expect any
to be built in the future. Cadmium minerals are not found alone in
commercially viable deposits. Instead, cadmium is produced as a by-
product of zinc smelting processes. Only one of the two U.S. primary
zinc smelters produces cadmium as a by-product; the other plant
shutdown and dismantled their cadmium recovery process equipment.
All new and existing primary beryllium production facilities are
subject to the National Emissions Standard for Beryllium at 40 CFR part
61, subpart C. Recent data indicate that there are no primary beryllium
production facilities (major or area sources) currently operating in
the U.S. The last U.S. beryllium production facility, which was a major
source due to emissions of tetrachloroethylene, shutdown all primary
beryllium operations at its manufacturing plant in June 2000. In the
event that this plant restarts the primary beryllium production
operation, the plant would probably continue to be a major source
rather than an area source due to tetrachloroethylene emissions.
B. What is primary zinc production and what HAP are emitted?
Primary zinc smelters process zinc sulfide ore concentrates to
produce metallic zinc or zinc oxide. Primary zinc production facilities
also process zinc scrap and zinc oxide materials, and although these
may be considered secondary zinc processes, they are part of this area
source category when they are located at the primary zinc production
facility. The two U.S. primary zinc producers process zinc sulfide ore
concentrate by smelting the ore in a roaster to produce impure zinc
[[Page 59314]]
oxide (calcine) followed by hydrometallurgical reduction processes that
include leaching, purification, and electrolysis to produce metallic
zinc. During roasting, most of the sulfur in the ore concentrate is
removed as SO2. The roaster off-gases containing PM and
SO2 are processed through a series of gas cleaning devices
to remove the PM (cyclones, electrostatic precipitators, and venturi
scrubbers), and the cleaned gas is routed to a sulfuric acid plant
where the SO2 is converted to sulfuric acid. Any HAP metals
that volatilize during the roasting process are removed by the PM
control equipment prior to the acid plant. The PM removal equipment is
an important and inherent part of the production process because the PM
must be removed before the gas is processed in the acid plant (e.g., to
protect and maintain the catalyst in the acid plant).
In the electrolytic deposition process, the desulfurized calcine
from the roaster is first processed through a series of leaching and
purification operations to dissolve the zinc oxide into an electrolyte
solution. The solution is poured into cells where metallic zinc is
recovered in a batch operation by passing current through the
electrolyte solution causing zinc to deposit on an aluminum cathode.
During the acid leaching step, cadmium is precipitated from the
solution by adding zinc dust. The cadmium precipitate is filtered and
formed into a cake. The cake may be sold as a recyclable product or
further purified and cadmium metal recovered using an electrolytic
process similar to that used for zinc. Recovered cadmium may be melted
in a furnace and poured into casting molds. Molten cadmium can also be
charged to a second oxidizing furnace that converts cadmium metal into
cadmium oxide.
Although HAP metals are present in the PM from the roaster's
exhaust, the roaster is not a significant source of HAP metal emissions
because of the extensive cleaning of the gas to remove PM prior to the
acid plant. Melting furnaces also generate metal HAP emissions and PM
emissions because of the high temperatures used to heat the materials.
These furnaces are used to melt the pure zinc from electrolysis,
alloys, and zinc scrap and dust for recycling. Both plants use
baghouses to control PM and HAP metal emissions from the various
melting furnaces. The HAP metals that have been reported from primary
zinc production include arsenic, cadmium, lead, manganese, mercury, and
nickel, all of which are identified by EPA as urban HAP. As previously
mentioned, the primary nonferrous area source category was listed for
regulation under CAA sections 112(c)(3) and 112(k)(3)(B) due to
emissions of all of these HAP except for mercury.
C. What are the proposed requirements for primary zinc production area
sources?
1. Applicability and Compliance Dates
The proposed NESHAP applies to the owner or operator of a new or
existing primary zinc production facility that is an area source of HAP
emissions. Because the two existing sources are already operating
subject to PM control requirements that are the same as those in the
proposed NESHAP, we are proposing that an existing affected source
comply by [DATE OF PUBLICATION OF THE FINAL RULE IN THE Federal
Register]. A new affected source would be required to comply by [DATE
OF PUBLICATION OF THE FINAL RULE IN THE Federal Register] or upon
initial startup, whichever is later.
2. Emissions Limits and Work Practice Standards
We are proposing a work practice standard for roasters at new and
existing sources. The proposed NESHAP requires the owner or operator to
exhaust roaster off-gases to PM removal equipment and a sulfuric acid
plant. Bypassing the sulfuric acid plant during charging of the roaster
would be prohibited.
Emissions limits are proposed for the different types of melting
furnaces at primary zinc production facilities. For existing sources,
we are proposing PM limits of 0.93 lb/hr for zinc cathode melting
furnaces; 0.1 lb/hr for furnaces that melt zinc dust, chips, and off-
specification zinc materials; and 0.228 lb/hr for the combined exhaust
from furnaces that melt zinc scrap and alloys. For new sources, we are
proposing a PM limit of 0.005 gr/dscf for the furnaces mentioned above.
In addition, we are proposing limits of 0.014 gr/dscf for anode casting
furnaces and 0.015 gr/dscf for cadmium melting furnaces at new and
existing sources.
Emissions limits also are proposed for any sintering machine at a
new or existing area source facility. If there is a sintering machine,
the proposed NESHAP requires the owner or operator to comply with the
PM limit at 40 CFR 60.172 and the opacity limit at 40 CFR 60.174(a) of
the NSPS for primary zinc smelters (40 CFR part 60, subpart Q).
3. Proposed Compliance Requirements
We are proposing to adopt for existing area sources certain
monitoring, recordkeeping, and reporting requirements already
applicable to the two existing facilities that relate to PM emissions
control. The owner or operator of an existing area source would monitor
baghouse pressure drop, perform routine baghouse maintenance, and keep
records to document compliance. In addition, we are proposing to
require repeat performance tests (at least once every 5 years) for
existing sources. The proposed NESHAP also would require a continuous
opacity monitoring system (COMS) for any sintering machine in
accordance with 40 CFR 60.175.
The owner or operator of an existing area source would be required
to comply with initial notification requirements in 40 CFR 63.9 of the
General Provisions. In the notification of compliance status required
by 40 CFR 63.9(h), the owner or operator would be allowed to certify
initial compliance with the proposed HAP emissions limits based on the
results of a PM performance test for each of the regulated emissions
sources conducted within the past 5 years. The owner or operator would
also certify initial compliance with the work practice standards.
If an existing source has not conducted a performance test to
demonstrate compliance with the emissions limits for a furnace, the
proposed NESHAP requires that the facility conduct a test according to
the requirements at 40 CFR 63.7 using EPA Method 5 (40 CFR part 60,
appendix A) to determine the PM concentration or an alternative method
previously approved by the permitting authority. For a sintering
machine, the owner or operator would conduct a performance test
according to the procedures in 40 CFR 60.176(b) using EPA Method 5 to
determine the PM concentration and EPA Method 9 (40 CFR part 60,
appendix B) to determine the opacity of emissions.
As required in the existing permits, the owner or operator would be
required to submit a notification to the permitting authority of any
deviation from the requirements of the NESHAP. The notification must
describe the probable cause of the deviation and any corrective actions
or preventative measures taken. Existing facilities would also submit
semiannual monitoring reports which clearly describe any deviations.
Records of all required monitoring data and support information also
would be required. The owner or operator of an existing area source
would also be required to comply with the requirements in 40
[[Page 59315]]
CFR 63.6(e)(3) of the General Provisions for SSM plans and reports.
The owner or operator of a new area source would be required to
install and operate a bag leak detection system for each baghouse used
to comply with a PM emissions limit. In addition, we are proposing to
require repeat PM performance tests (once every 5 years) for each
furnace at a new source. The owner or operator would also be required
to install, operate, and maintain a COMS for each sintering machine
according to EPA Performance Specification 1 (40 CFR part 60, appendix
B).
The owner or operator of a new affected source would demonstrate
initial compliance with the applicable emissions limits by conducting a
performance test according to the requirements at 40 CFR 63.7 and using
EPA 5 or 5D (40 CFR part 60, appendix A), as applicable, to determine
the PM concentration. An initial performance test would also be
required for a sintering machine according to the methods and
procedures in 40 CFR 60.176(b). All of the testing, monitoring,
operation and maintenance, recordkeeping, and reporting requirements of
the part 63 General Provisions would apply to a new area source.
D. What is our rationale for selecting the proposed standards for
primary zinc production area sources?
1. Selection of PM as a Surrogate for Metal HAP
Because the types and quantities of metal HAP vary in zinc ore, it
is not practical to establish individual standards for each specific
metal HAP listed as an urban HAP that could be present in zinc ore.
Instead, we decided to establish standards using PM as a surrogate for
these urban HAP metal emissions. Controlling PM emissions will also
control the metal HAP since these compounds are contained within the
PM, i.e., they are in the particulate form as opposed to the gaseous
form. The available air pollution controls for the particulate HAP
metals are the same as those used for PM controls at primary zinc
production plants. These controls capture particulate HAP metals non-
preferentially along with other PM, thus making PM a reasonable
surrogate for these HAP metals. We have used this approach in several
other NESHAP in which PM was determined to be a surrogate for the HAP
metals in the PM.
2. Selection of Proposed Standards
The release of metal HAP from primary zinc production occurs from
three types of emissions sources: the roasting of the zinc sulfide ore;
the use of furnaces to melt zinc, materials containing zinc (e.g.,
dust, scrap), alloys, and cadmium; and the operation of sintering
machines. The high temperatures inherent in the roasters, melting
furnaces, and sintering machines are sufficient to temporarily volatize
metals that can then become entrained in the exhaust gases from the
process. The other major processes performed at primary zinc production
facilities include leaching, purification, and electrowinning. These
are wet processes and are not considered to be sources of metal HAP
emissions.
Roasters. The proposed rule requires that metal HAP generated by
roasters under high temperatures be removed with PM in the off-gases.
The off-gases from roasters would be controlled by removing PM and HAP
metals in the form of PM in a series of PM removal devices, and then
the SO2-rich off-gases would be exhausted to a sulfuric acid
plant. These controls, including a sulfuric acid plant, have been
installed at the two existing sources to comply with the National
Ambient Air Quality Standards for SO2, as well as the NSPS
for primary zinc smelters (40 CFR part 60, subpart Q) for one source.
While the sulfuric acid plants were originally installed to recover
sulfuric acid as a by-product and to control SO2 emissions,
the inherent design and operating requirements of these plants also
provide effective control of PM and metal HAP contained in roaster off-
gases. The sulfuric acid production process involves the catalytic
conversion of the SO2 contained in the off-gases to produce
liquid sulfuric acid. To optimize the process performance and prevent
extensive damage to the catalysts and other critical process equipment,
the first step of the process requires that the roaster off-gases be
pre-cleaned and conditioned. These operations involve first passing the
gas stream through multiple control devices for the removal of PM and
to reduce gas stream temperature. By using multiple PM control devices
in series (multicyclones, electrostatic precipitators, and venturi
scrubbers) to treat roaster exhaust gases before entering the sulfuric
acid plant, very high overall PM and metal HAP removal efficiencies are
achieved. Consequently, there is little or no PM or metal HAP emitted
in the tail gas from the sulfuric acid plant. The primary constituent
of the final tail gas from the acid plant is sulfuric acid mist, which
is not a HAP.
Both of the existing primary zinc production facilities treat their
roaster off-gases using multiple control and conditioning technologies
to remove PM and metal HAP prior to the roaster off-gases entering the
catalytic conversion beds. Because neither facility's permit contains
non-sulfuric acid PM limits and because we have no PM emissions test
data, we determined that a work practice standard was appropriate for
the control of roaster off-gases. The work practice standard requires
the roaster's off-gases be exhausted to PM removal equipment and a
sulfuric acid plant, thus ensuring a consistently high level of metal
HAP control for the off-gases. In light of the effective control of PM
and metal HAP at these two existing facilities, we decided that the
work practice standard currently being implemented at these facilities
represents GACT for existing and new area sources of primary zinc
production.
We are not proposing emissions limits for HAP metals or PM in the
tail gases from the sulfuric acid plants because we do not believe such
limits are necessary. The vast majority of PM exiting with the tail gas
is sulfuric acid mist, which is not a HAP. Because rigorous treatment
of the roaster off-gases to remove PM and metal HAP is a necessary
operating condition for the sulfuric acid plant, requiring that cleaned
gases be vented to a sulfuric acid plant ensures that emissions of HAP
metals are either nonexistent or limited to trace amounts.
Furnaces. Potential sources of metal HAP emissions at primary zinc
production facilities include a variety of high temperature furnaces
operated for the purpose of melting zinc; cadmium; zinc scrap, dust, or
chips; alloying metals; and producing anodes used in the electrowinning
process. All of the melting furnaces currently in operation at the two
existing primary zinc production facilities control emissions with
baghouses, which are highly effective in controlling PM and metal HAP
emissions. Baghouses are widely used throughout the metallurgical
industry to control emissions from primary and secondary metal
processes. Therefore, we conclude that GACT for controlling metal HAP
emissions from the furnaces at primary zinc production facilities is
proper operation of a baghouse. We believe that the emissions limits
for these furnaces that we are proposing to adopt reflect the level of
emissions control that can be achieved by well-operated and well-
maintained baghouses.
The two existing primary zinc production facilities currently hold
title V operating permits issued by their respective State permitting
agencies; both permits contain PM emissions limits for all furnace
operations. We determined that the PM emissions limits
[[Page 59316]]
applicable to these emissions sources are consistent with the expected
performance of such operations controlled by well-operated and
maintained baghouses. The PM emissions limits vary somewhat among
furnace operations, which is indicative of differences in processes
associated with the function of each furnace rather than any real
difference in performance of the baghouse control devices. Therefore,
we decided that the PM emissions limits in the operating permits
represent the performance capabilities of baghouses at existing
affected sources. Because baghouse technology is the best technology
that can be applied to these sources, the permit limits that apply to
the existing furnaces controlled by baghouses also represent the
performance that can be expected at new sources.
We are proposing a PM emissions limit of 0.93 lb/hr for zinc
cathode melting furnaces at existing facilities. This emissions limit
is the permit limit in effect for the zinc cathode melting furnace at
one of the primary zinc production facilities. The other facility has a
permit limit for PM of 0.67 lb/hr. We selected the 0.93 lb/hr limit
because it is achievable by zinc cathode melting furnaces at both
facilities, both facilities use baghouses to reduce PM emissions, and
there is very little difference in the magnitude of the PM emissions
limits for the two plants. The proposed PM limit for zinc cathode
melting furnaces at existing facilities will ensure that the baghouses
will be operated and maintained in a manner that will continue to
effectively reduce PM emissions and metal HAP emissions.
We considered trying to develop an emissions limit in a PM
concentration format, but decided against that approach because
concentration limits were not available for both facilities, and there
was no basis on which to derive a concentration-based limit that would
be appropriate for zinc cathode melting furnaces at both plants. We
also considered a limit expressed as lb/ton melted in the furnace.
However, our review and discussions with plant personnel indicated that
a short term melting rate is difficult to determine and can be subject
to significant inaccuracies. The plants do not weigh the charge
materials, and melting is a batch process that involves charging the
furnace, melting, and tapping. Also, the furnaces are operated
intermittently. All of these factors make it difficult to determine an
accurate melting rate in tons per hour for the furnace during a
performance test run that typically lasts for one hour.
For new sources, it is not practical to prescribe an emissions
limit in lb/hr because we do not know what the size and configuration
of the process will be. One of the primary zinc facilities has a
concentration limit of 0.005 gr/dscf for the zinc cathode melting
furnace that is applied in combination with their lb/hr PM emissions
limit. This concentration limit has been met by baghouses in many
similar applications at existing sources, such as electric arc furnaces
at steel plants (most are subject to a limit of 0.0052 gr/dscf), iron
and steel foundries, and other metal processing operations. We chose
the limit of 0.005 gr/dscf as GACT for new zinc cathode melting
furnaces because it can be achieved by properly designed and operated
baghouses.
One of the facilities has a baghouse applied to treat the combined
exhaust from electric furnaces used to melt scrap zinc and zinc alloys.
This baghouse is subject to a PM emissions limit of 0.228 lb/hr. The
other facility operates a smaller furnace for melting zinc dust, zinc
chips, and off-specification zinc materials. This furnace is equipped
with a baghouse and is subject to a PM emissions limit of 0.1 lb/hr.
These emissions limits will ensure that the GACT technology (baghouses)
or equally effective control device will be used, well-maintained, and
well-operated to control PM and HAP metal emissions from these furnaces
at existing sources. Therefore, we are proposing to adopt these
emissions limits as the standards for existing sources of primary zinc
production.
As with a zinc cathode furnace at a new source, it is similarly
impractical to prescribe PM emissions limits in lb/hr for any of the
other melting furnaces because we do not know the size and
configuration of any new process, which is necessary information for
establishing such a limit. Further, we have no test data, nor do the
title V permits for existing sources contain limits in concentration
units that might be applied to these types of melting furnaces for new
sources. However, like zinc cathode melting furnaces, these furnaces
are used to melt materials containing zinc. Thus, the concentration of
PM emissions is expected to be similar to that from the zinc cathode
melting furnace. Consequently, we are proposing to adopt the 0.005 gr/
dscf limit that is required for the zinc cathode melting furnace at one
existing facility as the standard in the proposed rule for furnaces
melting zinc scrap, alloys, dust, chips, or off-specification zinc
materials at new sources. This limit has been demonstrated as
achievable at other similar melting processes, and in this case, it can
be achieved by properly designed and operated baghouses.
Only one primary zinc production facility recovers cadmium and
operates a cadmium melting furnace. The other facility has stopped
cadmium production and dismantled the equipment. Emissions from the one
cadmium melting furnace are controlled by a baghouse, which is subject
to a PM limit of 0.015 gr/dscf. Similarly, only one facility operates
an anode casting furnace, and this furnace is controlled by a baghouse
and subject to a PM emissions limit of 0.014 gr/dscf. Because PM and
metal HAP emissions are effectively controlled at these furnaces, we
are proposing to include as the standards for both new and existing
sources the PM limits of 0.015 gr/dscf for cadmium melting furnaces and
0.014 gr/dscf for anode casting furnaces. These limits are achievable
by using baghouses, the technology we have identified as GACT for new
and existing sources, and will ensure effective control for PM and HAP
metals.
Sintering machine. Although neither of the existing primary zinc
production facilities currently operates a sintering machine, it is
possible that one could be installed at a new or existing facility. The
NSPS for primary zinc production established a PM emission limit (0.022
gr/dscf) for new sintering machines. We continue to believe that this
PM emissions limit will ensure that HAP metals in the PM emissions from
new sintering machines will be well controlled. We have no reason to
believe that this limit is infeasible, impractical or inappropriate.
Therefore, we chose this emissions limit as GACT for sintering machines
at new and existing area sources.
3. Selection of Proposed Compliance Requirements
The title V permits of the two existing area source smelters
include general recordkeeping and reporting requirements for the
facility and detailed testing and monitoring requirements for PM
emissions from the regulated emissions sources. We reviewed these
requirements and concluded that they are sufficient to ensure proper
operation and maintenance of baghouses and compliance with the proposed
work practice standards for existing sources. For example, both plants
monitor pressure drop to ensure baghouses are operating properly, and
there is little benefit from retrofitting additional monitoring
technology to these existing sources.
We are proposing to require bag leak detection systems to monitor
the
[[Page 59317]]
performance of baghouses at new area sources. These systems can be
incorporated into the design and operation for new sources and would
not require retrofitting or duplicative monitoring as would be the case
if they were applied to existing sources.
The part 63 General Provisions are necessary for effective
application of the standard to existing sources and are therefore
incorporated into the proposed rule. We would require that the plants
comply with the initial notification requirements in 40 CFR 63.9. The
initial notification requirements would be supplemented by other
reporting requirements that include notification of any deviation and
semiannual monitoring reports, along with recordkeeping requirements
for baghouse maintenance, monitoring data, and other supporting
information.
Section 63.6(e)(3)(ix) of the General Provisions requires that the
title V permit for a source include provisions for an SSM plan. Because
permit information for the existing facilities do not identify
requirements for an SSM plan, the proposed NESHAP require the owner or
operator of an existing area source to comply with the SSM requirements
in 40 CFR 63.6(e)(3). According to 40 CFR 63.6(e)(3), the permit may
fulfill this requirement by citing the relevant paragraphs of 40 CFR
63.6(e). Revisions made to the plan do not constitute permit revisions
and the elements of the plan are not applicable requirements under 40
CFR 70.2 and 71.2.
The part 63 General Provisions are necessary for effective
application of the standard for new area sources and are, therefore,
incorporated into the proposed rule. For new area sources, we are
proposing to apply the notification, testing, monitoring, operation and
maintenance, recordkeeping, and reporting requirements in the part 63
General Provisions. These requirements are sufficient to ensure
compliance with the proposed emissions limit and work practice
standards.
E. What is primary beryllium production and what HAP are emitted?
In the primary beryllium production process, the ores bertrandite
and beryl are converted to a beryllium sulfate and processed into
beryllium hydroxide at the mine site. A primary beryllium production
facility processes the beryllium hydroxide to form metallic beryllium,
beryllium alloy, and/or beryllium oxide.
Primary beryllium production processes differ according to the end
product (i.e., metallic beryllium, beryllium oxide, alloys). For
metallic beryllium, the beryllium hydroxide is first dissolved in an
ammonia-fluoride solution. The solution is neutralized, heated to
remove aluminum, and filtered. The solution is then crystallized; using
centrifugation and light washing, the crystals are continuously removed
and remaining solution is sent to an evaporator. The crystals (ammonium
fluoroberyllate) are charged into furnaces where they are decomposed to
beryllium fluoride and ammonium fluoride. The ammonium fluoride is
recycled to the process, and the molten beryllium fluoride is removed
from the furnace and solidified; magnesium is added to facilitate
reduction. The mixture is heated, causing beryllium to separate and
float on top of the slag. Both the beryllium and slag are poured into a
graphite pot to solidify. Afterwards, the product undergoes crushing
and water leaching in a ball mill. The resulting beryllium pebbles
contain 98 percent beryllium along with slag and unreacted magnesium.
Impurities are removed by melting the pebbles in induction furnaces
under vacuum. Excess magnesium and beryllium fluoride from the slag
vaporize and are collected in filters. Nonvolatiles, such as beryllium
oxide and magnesium fluoride, separate from the metal as dross by
adhering to the bottom of the crucibles. The purified metal is then
poured and cast into ingots.
To make beryllium oxide, the beryllium hydroxide is dissolved in
water and sulfuric acid, resulting in a beryllium sulfate solution. The
solution is filtered, evaporated, and crystallized. The crystals are
separated and the beryllium sulfate is calcined in furnaces to produce
beryllium oxide. To make beryllium-copper master alloys, beryllium
hydroxide, electrolytic copper, and carbon are melted in an electric
arc furnace. The alloy is then melted and cast into ingots. The master
alloy ingots are re-melted with additional copper and other elements to
produce alloys with the desired metallic characteristics.
The Toxics Release Inventory indicates that the metal HAP emitted
from beryllium production processes include primarily beryllium with
lower levels of the urban HAP nickel and lead. HAP metals are emitted
from the high temperature furnaces that melt and process beryllium
compounds and those that are used for producing beryllium alloys. These
furnaces include fluoride decomposition furnaces that produce beryllium
fluoride from crystals of ammonium fluoroberyllate, reduction furnaces
that process beryllium fluoride to produce beryllium metal that is
subsequently processed into pebbles, vacuum induction furnaces used to
purify the beryllium pebbles, furnaces that calcine beryllium sulfate
to produce beryllium oxide, and electric arc furnaces used to produce
beryllium alloys such as beryllium-copper master alloys. Baghouses
(some in combination with high efficiency particulate air filters) and
scrubbers are used to control emissions of PM and HAP metals from these
furnaces.
F. What are the proposed requirements for primary beryllium production
area sources?
1. Applicability and Compliance Dates
We are proposing to adopt as GACT for beryllium production area
sources all of the requirements in the National Emission Standard for
Beryllium at 40 CFR part 61, subpart C. Because any existing area
source would have already been operating in accordance with the part 61
standard, we are proposing that the owner or operator of an existing
source comply with the area source NESHAP by [DATE OF PUBLICATION OF
THE FINAL RULE IN THE Federal Register]. The owner or operator of a new
area source would be required to comply by [DATE OF PUBLICATION OF THE
FINAL RULE IN THE Federal Register] or at startup, whichever is later.
2. Emissions Limits
We are proposing to adopt the part 61, subpart C standard as the
area source NESHAP for both new and existing primary beryllium
production facilities. The part 61, subpart C standard limits emissions
from extraction plants (i.e., primary beryllium production facilities)
to 10 grams (0.022 lb) of beryllium over a 24-hour period.
Alternatively, the owner or operator of a beryllium production facility
may request to meet an ambient concentration limit instead of the
emissions limit.
3. Compliance Requirements
We are proposing to include in the proposed NESHAP the testing,
monitoring, recordkeeping, and reporting requirements in 40 CFR part
61, subpart C. The owner or operator would be required to conduct a
performance test using EPA Method 103 or 104 (40 CFR part 61, appendix
B) to demonstrate initial compliance with the emissions limit. The
proposed NESHAP would not allow any changes, which could potentially
increase emissions above the level determined in the most recent
performance test until a new emissions test has been estimated by
calculation and reported to EPA. An
[[Page 59318]]
owner or operator subject to the ambient concentration limit must
operate air sampling sites to continuously monitor the concentrations
of beryllium in the ambient air according to an EPA-approved plan. The
owner or operator must comply with recordkeeping requirements in the
proposed NESHAP and the testing, monitoring, recordkeeping, and
reporting requirements in the part 61 General Provisions in 40 CFR part
61, subpart A. We are also proposing that the owner or operator comply
with certain requirements in the part 63 General Provisions in 40 CFR
part 63, subpart A, including the requirements for SSM plans and
reports in 40 CFR 63.6(e)(3). We have explicitly identified in the
proposed NESHAP the applicable General Provisions of both 40 CFR parts
61 and 63.
G. What is our rationale for selecting the proposed standards for
primary beryllium area sources?
1. Selection of Pollutants
The major metal HAP reported by the only primary beryllium plant
when it was operating its primary beryllium process was beryllium.
Nickel and lead, which are urban HAP, were the only other metal HAP
reported (at much smaller quantities than beryllium). Each of these
metal HAP are components of PM, and the PM emission controls installed
for beryllium control other metal HAP in the PM. Consequently, we chose
to use beryllium as a surrogate for all of the HAP metal in the PM. The
emissions limits for beryllium and the PM controls installed to meet
the limits will ensure that all HAP metals in the PM from primary
beryllium processes are well controlled.
2. Selection of Proposed Standards
Currently no primary beryllium production facilities operate in the
U.S. In recent years, there has been only one U.S. producer, and this
facility shutdown all primary beryllium operations in June 2000. This
plant was a major source due to emissions of tetrachloroethylene. In
the event this plant restarted the primary beryllium production
operation, the plant would probably continue to be a major source
rather than an area source due to emissions of tetrachloroethylene.
Although all area source primary beryllium production facilities that
previously existed have ceased to operate, we do not have information
that would suggest that beryllium production cannot be restarted at
these facilities. Therefore, we see a need to establish standards for
existing sources in the proposed rule to regulate any previously
existing source that may restart its beryllium production. Similarly,
we do not have any information that would suggest that there are
unlikely to be any new area source production facilities. Therefore, we
also need to establish standards for new sources.
We are proposing to adopt the part 61, subpart C standard as the
NESHAP for the primary beryllium production area source category. The
part 61, subpart C standard, which applies to new and existing major
and area sources, is a stringent and effective air emissions
regulation. As a result of the part 61, subpart C standard, the last
primary beryllium production facility in the U.S. was highly effective
in controlling beryllium, PM, and metal HAP emissions. As shown in this
facility, to meet the part 61, subpart C standard, beryllium processing
operations were controlled using multiple air cleaning systems that
were also highly effective in controlling emissions of PM and HAP
metals. For example, beryllium oxide furnaces were controlled by
baghouses, packed tower scrubbers and demisters; alloy induction
furnaces were controlled by baghouses and cartridge filters; reduction
furnaces were controlled by wet cyclones and venturi scrubbers; and
vacuum casting was controlled by cyclones, baghouses, and cartridge
filters. The highly effective control of beryllium, PM, and metal HAP
emissions at this last facility indicates that the part 61, subpart C
emissions limits are effective as well as feasible. Although that
facility was a major source, we have no reason to believe that such
control is not appropriate for an area source. The fact that the part
61, subpart C standard already applies to both major and area sources
suggest that they are appropriate for area sources as well. Therefore,
we have determined that the emissions limits in the part 61, subpart C
standard represents GACT for new and existing beryllium production area
sources.
3. Selection of Proposed Compliance Requirements
We have reviewed the performance test and monitoring requirements
in the part 61, subpart C standard and reconfirmed their adequacy and
propriety for ensuring compliance with the proposed emission limits.
Therefore, we are including the part 61, subpart C performance test and
monitoring requirements in the proposed rule.
The General Provisions applicable to the subpart C standard (40 CFR
part 61, subpart A), are necessary for effective application of the
subpart C standard and are therefore incorporated into the proposed
rule as well. We are also incorporating certain provisions in the
General Provisions of part 63, subpart A to address aspects of the
proposed rule not covered by the part 61 General Provisions.
Specifically, we need to incorporate certain provisions in 40 CFR 63.1
and 63.5 that delineate applicability, construction, and
reconstruction. However, we are not applying provisions within 40 CFR
63.1 and 63.5 that are already covered by part 61 General Provisions.
We are proposing to apply the provisions in 40 CFR 63.1(a) except for
the provisions in 40 CFR 63.1(a)(11) and (12) regarding notices, time
periods, and postmarks; 40 CFR 63.1(b) except paragraph (b)(3); 40 CFR
63.1(c); 40 CFR 63.1(e); and 40 CFR 63.5 except for the references to
40 CFR 63.6 for compliance procedures and the references to 40 CFR 63.9
for notification procedures.
Because the part 61 General Provisions do not include requirements
for SSM plans and reports, we are also proposing to require the owner
or operator of a new or existing area source to comply with the
requirements in 40 CFR 63.6(e)(3). According to 40 CFR 63.6(e)(3), the
permit may fulfill this requirement by citing the relevant paragraphs
of 40 CFR 63.6(e). Revisions made to the plan do not constitute permit
revisions and the elements of the plan are not applicable requirements
under 40 CFR 70.2 and 71.2.
VII. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is a ``significant regulatory action'' because it may raise
novel legal or policy issues. Accordingly, EPA submitted this action to
OMB for review under Executive Order 12866, and any changes made in
response to OMB recommendations have been documented in the docket for
this action.
B. Paperwork Reduction Act
The proposed NESHAP for Polyvinyl and Copolymers Production Area
Sources do not impose any new information collection burden. New and
existing plants that are area sources would be required to comply with
the same testing, monitoring, reporting, and recordkeeping requirements
as those in the National Emission Standards for Vinyl Chloride (40 CFR
part 61, subpart F), to which these area sources are currently subject,
and the information collection requirements in the part 61
[[Page 59319]]
NESHAP General Provisions (40 CFR part 61, subpart A), which are
incorporated into the proposed NESHAP. The OMB has previously approved
the information collection requirements in 40 CFR part 61, subpart F,
under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et
seq. and has assigned OMB control number 2060-0071, EPA Information
Collection Request (ICR) number 0186.10.
A copy of the OMB-approved ICR for the National Emission Standards
for Vinyl Chloride and Beryllium may be obtained from Susan Auby,
Collection Strategies Division, U.S. EPA (2822T), 1200 Pennsylvania
Ave., NW., Washington, DC 20460, by e-mail at [email protected], or by
calling (202) 566-1672.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, disclose, or provide
information to or for a Federal agency. This includes the time needed
to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR part 63 are listed in 40 CFR part 9.
The proposed requirements for primary beryllium production
facilities in the proposed NESHAP for Primary Nonferrous Metals Area
Sources do not impose any new information collection burden. New and
existing plants that are area sources would be required to comply with
the same testing, monitoring, recordkeeping, and reporting requirements
as those in the National Emission Standards for Beryllium (40 CFR part
61, subpart C), to which these area sources are currently subject, and
the information collection requirements in the part 61 General
Provisions (40 CFR part 61, subpart A), which are incorporated into the
proposed NESHAP for these sources. The OMB has previously approved
these information collection requirements in 40 CFR part 61, subpart C,
under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et
seq. and has assigned OMB control number 2060-0092, EPA ICR number
0193.08.
A copy of the OMB-approved ICR for the National Emission Standards
for Vinyl Chloride and Beryllium may be obtained from Susan Auby,
Collection Strategies Division, U.S. EPA (2822T), 1200 Pennsylvania
Ave., NW., Washington, DC 20460, by e-mail at [email protected], or by
calling (202) 566-1672.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, disclose, or provide
information to or for a Federal agency. This includes the time needed
to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR part 63 are listed in 40 CFR part 9.
The information requirements in the proposed NESHAP for Polyvinyl
Chloride and Copolymers Production Area Sources, Primary Copper
Smelting Area Sources, Secondary Copper Smelting Area Sources, and
Primary Nonferrous Metals-Zinc, Cadmium, and Beryllium Area Sources
have been submitted for approval to OMB under the Paperwork Reduction
Act, 44 U.S.C. 3501 et seq. The ICR document prepared by EPA has been
assigned EPA ICR number 2240.01.
The proposed information collection requirements are based on the
current title V permitting requirements for existing sources and the
information collection requirements in the part 63 General Provisions
(40 CFR part 63, subpart A), most of which are incorporated into the
proposed NESHAP for new sources. The ICR document includes the burden
estimates for all applicable General Provisions. These recordkeeping
and reporting requirements are mandatory pursuant to section 114 of the
CAA (42 U.S.C. 7414). All information submitted to EPA pursuant to the
information collection requirements for which a claim of
confidentiality is made is safeguarded according to CAA section 114(c)
and the Agency's implementing regulations at 40 CFR part 2, subpart B.
The PM testing, monitoring, recordkeeping, and reporting
requirements with which existing primary copper smelting and primary
zinc smelting area sources would be required to comply under the
proposed NESHAP are the same as the requirements that are in these
facilities' current title V operating permits. The only new information
collection requirements that would apply to these area sources would
consist of initial notifications and SSM plan, reporting, and
recordkeeping requirements. Any new primary zinc production facility,
primary copper smelter, or secondary copper smelter area source would
be subject to all information collection requirements in the part 63
General Provisions.
The annual burden for this information collection averaged over the
first 3 years of this ICR is estimated to total 9 labor hours per year
at a cost of $771 for the one existing primary copper smelting area
source and 18.5 labor hours per year at a cost of $1,566 for the two
existing primary zinc smelting area sources. No capital/startup costs
or operation and maintenance costs are associated with the proposed
requirements. No costs or burden hours are estimated for new primary
copper smelters, secondary copper smelters, or primary zinc production
area sources because no new sources are estimated during the 3-year
period of the ICR. No new sources have been constructed in more than 10
years, no new construction has been announced, and we have no
indication there will be any new sources in the next 3 years.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, disclose, or provide
information to or for a Federal agency. This includes the time needed
to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
[[Page 59320]]
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR part 63 are listed in 40 CFR part 9.
To comment on the Agency's need for this information, the accuracy
of the provided burden estimates, and any suggested methods for
minimizing respondent burden, including the use of automated collection
techniques, EPA has established a public docket for this action, which
includes this ICR, under Docket ID number EPA-HQ-OAR-2006-0510. Submit
any comments related to the ICR for the proposed rules to EPA and OMB.
See ADDRESSES section at the beginning of this notice for where to
submit comments to EPA. Send comments to OMB at the Office of
Information and Regulatory Affairs, Office of Management and Budget,
725 17th Street NW., Washington, DC 20503, Attention: Desk Officer for
EPA. Since OMB is required to make a decision concerning the ICR
between 30 and 60 days after October 6, 2006, a comment to OMB is best
assured of having its full effect if OMB receives it by November 6,
2006. The final rule will respond to any OMB or public comments on the
information collection requirements contained in this proposal.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
rule would not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small not-for-profit enterprises, and small governmental jurisdictions.
For the purposes of assessing the impacts of the proposed area
source NESHAP on small entities, small entity is defined as: (1) A
small business that meets the Small Business Administration size
standards for small businesses found at 13 CFR 121.201 (less than 1,000
employees for primary copper smelting and less than 750 employees for
PVC and copolymers production, secondary copper smelting, and primary
nonferrous metals manufacturing); (2) a small governmental jurisdiction
that is a government of a city, county, town, school district, or
special district with a population of less than 50,000; and (3) a small
organization that is any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field.
After considering the economic impacts of the proposed rules on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. There would
not be adverse impacts on existing area sources of PVC and copolymer
production facilities, primary copper smelters, and non-ferrous metal
production facilities because the proposed rules do not create any new
requirements or burdens other than minimal notification requirements
for existing sources. There would be no adverse impacts on existing
secondary copper area sources because there are no existing sources in
the category. Although the proposed NESHAP contain emission control
requirements for new area sources in all four source categories, we are
not aware of any new sources being constructed now or planned in the
near future, and consequently, we did not estimate any impacts for new
sources.
We continue to be interested in the potential impacts of the
proposed action on small entities and welcome comments on issues
related to such impacts.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures by State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
1 year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective, or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective, or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
EPA has determined that the proposed rules do not contain a Federal
mandate that may result in expenditures of $100 million or more for
State, local, and tribal governments, in the aggregate, or the private
sector in any one year. As discussed earlier in this preamble, the
estimated expenditures for the private sector in any 1 year are less
than $2,500. Thus, the proposed rules are not subject to the
requirements of sections 202 and 205 of the UMRA. In addition, the
proposed rules do not significantly or uniquely affect small
governments. The proposed rules contain no requirements that apply to
such governments, impose no obligations upon them, and would not result
in expenditures by them of $100 million or more in any one year or any
disproportionate impacts on them. Therefore, the proposed rules are not
subject to section 203 of the UMRA.
E. Executive Order 13132: Federalism
Executive Order 13132 (64 FR 43255, August 10, 1999) requires EPA
to develop an accountable process to ensure ``meaningful and timely
input by State and local officials in the development of regulatory
policies that have federalism implications.'' ``Policies that have
federalism implications'' are defined in the Executive Order to include
regulations that have ``substantial direct effects on the States, on
the relationship between the national government and the States, or on
the distribution of power and responsibilities among the various levels
of government.''
The proposed rules do not have federalism implications. They would
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. The proposed rules impose
requirements on owners and operators of specified area sources and not
State and local governments. Thus, Executive Order 13132 does not apply
to the proposed rules.
[[Page 59321]]
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175 (65 FR 67249, November 6, 2000), requires EPA
to develop an accountable process to ensure ``meaningful and timely
input by tribal officials in the development of regulatory policies
that have tribal implications.'' The proposed rules do not have tribal
implications, as specified in Executive Order 13175. They would not
have substantial direct effects on tribal governments, on the
relationship between the Federal government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
government and Indian tribes, as specified in Executive Order 13175.
The proposed rules impose requirements on owners and operators of
specified area sources and not tribal governments. Thus, Executive
Order 13175 does not apply to the proposed rules.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any
rule that: (1) is determined to be ``economically significant,'' as
defined under Executive Order 12866, and (2) concerns an environmental
health or safety risk that EPA has reason to believe may have a
disproportionate effect on children. If the regulatory action meets
both criteria, EPA must evaluate the environmental health or safety
effects of the planned rule on children, and explain why the planned
regulation is preferable to other potentially effective and reasonably
feasible alternatives considered by EPA.
EPA interprets Executive Order 13045 as applying only to those
regulatory actions that are based on health or safety risks, such that
the analysis required under section 5-501 of the Executive Order has
the potential to influence the regulation. The proposed rules are not
subject to the Executive Order. They are based on control technology
and not on health or safety risks.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
The proposed rules are not a ``significant energy action'' as
defined in Executive Order 13211 (66 FR 28355, May 22, 2001) because
they are not likely to have a significant adverse effect on the supply,
distribution, or use of energy. Further, we have concluded that these
proposed rules are not likely to have any adverse energy effects
because energy requirements would remain at existing levels. No
additional pollution controls or other equipment that would consume
energy are required by the proposed rules.
I. National Technology Transfer Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) of 1995 (Pub. L. No. 104-113, section 12(d), 15 U.S.C. 272
note) directs EPA to use voluntary consensus standards (VCS) in its
regulatory activities, unless to do so would be inconsistent with
applicable law or otherwise impractical. The VCS are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
VCS bodies. The NTTAA directs EPA to provide Congress, through OMB,
explanations when the Agency does not use available and applicable VCS.
The proposed rules involve technical standards. The EPA cites the
following standards: EPA Methods 1, 1A, 2, 2A, 2C, 2D, 2F, 2G, 3, 3A,
3B, 4, 5, 5D, and 9 in 40 CFR part 60, appendix A; and Performance
Specification (PS) 1 and 11 in 40 CFR part 60, appendix B. Consistent
with the NTTAA, EPA conducted searches to identify voluntary consensus
standards in addition to these EPA methods. No applicable VCS were
identified for EPA Methods 1A, 2A, 2D, 2F, 2G, 5D or 9. The search and
review results are in the docket for this rule.
The search identified one VCS as an acceptable alternative to EPA
Method 3B. The method ASME PTC 19.10-1981, ``Flue and Exhaust Gas
Analyses,'' (incorporated by reference-see 40 CFR 63.14) is cited in
this rule for its manual method for measuring the oxygen, carbon
dioxide, and carbon monoxide content of the exhaust gas. This part of
ASME PTC 19.10-1981 is an acceptable alternative to EPA Method 3B.
The standard ASTM D6216 (1998), ``Standard Practice for Opacity
Monitor Manufacturers to Certify Conformance with Design and
Performance Specifications,'' was designated an acceptable alternative
for the design specifications given in EPA's PS-1 (promulgated in March
1983). As a result, EPA incorporated ASTM D6216-98 by reference into
PS-1 as the design specifications for opacity monitors in August 2000.
The search for emissions measurement procedures identified 13 other
VCS. The EPA determined that these 13 standards identified for
measuring emissions of the HAP or surrogates subject to emission
standards in this proposed rule were impractical alternatives to EPA
test methods. Therefore, EPA does not intend to adopt these standards
for this purpose. The reasons for the determinations for the 13 methods
are in the docket for this proposed rule.
For the methods required or referenced by the proposed rules, a
source may apply to EPA for permission to use alternative test methods
or alternative monitoring requirements in place of any required testing
methods, performance specifications, or procedures under Sec. 63.7(f)
and Sec. 63.8(f) of subpart A of the General Provisions.
List of Subjects in 40 CFR Part 63
Environmental protection, Air pollution control, Hazardous
substances, Reporting and recordkeeping requirements.
Dated: September 27, 2006.
Stephen L. Johnson,
Administrator.
For the reasons stated in the preamble, title 40, chapter I, part
63 of the Code of Federal Regulations is proposed to be amended as
follows:
PART 63--[AMENDED]
1. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart A--[AMENDED]
2. Section 63.14 is amended by revising paragraph (i)(1) to read as
follows:
Sec. 63.14 Incorporations by reference.
* * * * *
(i) * * *
(1) ANSI/ASME PTC 19.10-1981, ``Flue and Exhaust Gas Analyses [Part
10, Instruments and Apparatus],'' IBR approved for Sec. Sec.
63.309(k)(1)(iii), 63.865(b), 63.3166(a)(3), 63.3360(e)(1)(iii),
63.3545(a)(3), 63.3555(a)(3), 63.4166(a)(3), 63.4362(a)(3),
63.4766(a)(3), 63.4965(a)(3), 63.5160(d)(1)(iii), 63.9307(c)(2),
63.9323(a)(3), 63.11155(e)(3), 11162(f)(3)(iii) and (f)(4),
11163(g)(1)(iii) and (g)(2), and Table 5 of subpart DDDDD of this part.
* * * * *
3. Part 63 is amended by adding subpart DDDDDD to read as follows:
Subpart DDDDDD--National Emission Standards for Hazardous Air
Pollutants for Polyvinyl Chloride and Copolymers Production Area
Sources
Sec.
Applicability and Compliance Dates
63.11140 Am I subject to this subpart?
[[Page 59322]]
63.11141 What are my compliance dates?
Standards and Compliance Requirements
63.11142 What are the standards and compliance requirements for new
and existing sources?
Other Requirements and Information
63.11143 What General Provisions apply to this subpart?
63.11144 What definitions apply to this subpart?
63.11145 Who implements and enforces this subpart?
Applicability and Compliance Dates
Sec. 63.11140 Am I subject to this subpart?
(a) You are subject to this subpart if you own or operate a plant
specified in 40 CFR 61.61(c) that produces polyvinyl chloride (PVC) or
copolymers and is an area source of hazardous air pollutant (HAP)
emissions. Your plant is an area source if it does not emit and does
not have the potential to emit either 10 tons per year (tpy) or more of
any single HAP or 25 tpy or more of any combination of HAP.
(b) This subpart applies to each new or existing affected source.
The affected source is the collection of all equipment and activities
in vinyl chloride service necessary to produce PVC and copolymers. An
affected source does not include portions of your PVC and copolymers
production operations that meet the criteria in 40 CFR 61.60(b) or (c).
(1) An affected source is existing if you commenced construction or
reconstruction of the affected source before October 6, 2006.
(2) An affected source is new if you commenced construction or
reconstruction of the affected source on or after October 6, 2006.
(c) This subpart does not apply to research and development
facilities, as defined in section 112(c)(7) of the Clean Air Act (CAA).
(d) You are exempt from the obligation to obtain a permit under 40
CFR part 70 or 40 CFR part 71, provided you are not otherwise required
by law to obtain a permit under 40 CFR 70.3(a) or 40 CFR 71.3(a).
Notwithstanding the previous sentence, you must continue to comply with
the provisions of this subpart.
Sec. 63.11141 What are my compliance dates?
(a) If you own or operate an existing affected source, you must
achieve compliance with the applicable provisions in this subpart by
[DATE OF PUBLICATION OF FINAL RULE IN THE Federal Register].
(b) If you own or operate a new affected source, you must achieve
compliance with the applicable provisions in this subpart by the dates
in paragraphs (b)(1) and (2) of this section.
(1) If you startup a new affected source on or before [DATE OF
PUBLICATION OF FINAL RULE IN THE Federal Register], you must achieve
compliance with the applicable provisions in this subpart not later
than [DATE OF PUBLICATION OF FINAL RULE IN THE Federal Register].
(2) If you startup a new affected source after [DATE OF PUBLICATION
OF FINAL RULE IN THE Federal Register], you must achieve compliance
with the provisions in this subpart upon startup of your affected
source.
Standards and Compliance Requirements
Sec. 63.11142 What are the standards and compliance requirements for
new and existing sources?
You must meet all the requirements in 40 CFR part 61, subpart F,
except for 40 CFR 61.62 and 40 CFR 61.63.
Other Requirements and Information
Sec. 63.11143 What General Provisions apply to this subpart?
(a) All the provisions in 40 CFR part 61, subpart A, apply to this
subpart.
(b) The provisions in 40 CFR part 63, subpart A, applicable to this
subpart are specified in paragraphs (b)(1) through (4) of this section.
(1) Section 63.1(a)(1) through (10).
(2) Section 63.1(b) except paragraph (b)(3), Sec. 63.1(c), and
(e).
(3) Section 63.5 (preconstruction review and notification
requirements) except for the references to Sec. 63.6 (compliance with
standards and maintenance requirements) procedures and the references
to Sec. 63.9 (notification requirements).
(4) Section 63.6(e)(3) except for Sec. 63.6(e)(3)(ix).
Sec. 63.11144 What definitions apply to this subpart?
The terms used in this subpart are defined in the CAA; 40 CFR
61.02; 40 CFR 61.61; and Sec. 63.2 for terms used in the applicable
provisions of part 63, subpart A, as specified in Sec. 63.11143(b).
Sec. 63.11145 Who implements and enforces this subpart?
(a) This subpart can be implemented and enforced by the U.S. EPA or
a delegated authority such as a State, local, or tribal agency. If the
U.S. EPA Administrator has delegated authority to a State, local, or
tribal agency, then that Agency has the authority to implement and
enforce this subpart. You should contact your U.S. EPA Regional Office
to find out if this subpart is delegated to a State, local, or tribal
agency within your State.
(b) In delegating implementation and enforcement authority of this
subpart to a State, local, or tribal agency under 40 CFR part 63,
subpart E, the approval authorities contained in paragraphs (b)(1)
through (4) of this section are retained by the Administrator of the
U.S. EPA and are not transferred to the State, local, or tribal agency.
(1) Approval of an alternative means of emission limitation under
40 CFR 61.12(d).
(2) Approval of a major change to test methods under 40 CFR
61.13(h). A ``major change to test method'' is defined in Sec. 63.90.
(3) Approval of a major change to monitoring under 40 CFR 61.14(g).
A ``major change to monitoring'' is defined in Sec. 63.90.
(4) Approval of a major change to recordkeeping/reporting under 40
CFR 61.10. A ``major change to recordkeeping/reporting'' is defined in
Sec. 63.90.
4. Part 63 is amended by adding subpart EEEEEE to read as follows:
Subpart EEEEEE--National Emission Standards for Hazardous Air
Pollutants for Primary Copper Smelting Area Sources
Sec.
Applicability and Compliance Dates
63.11146 Am I subject to this subpart?
63.11147 What are my compliance dates?
Standards and Compliance Requirements
63.11148 What are the standards and compliance requirements for
existing sources?
63.11149 What are the standards and compliance requirements for new
sources?
Other Requirements and Information
63.11150 What General Provisions apply to this subpart?
63.11151 What definitions apply to this subpart?
63.11152 Who implements and enforces this subpart?
Tables to Subpart EEEEEE of Part 63
Table 1 to Subpart EEEEEE of Part 63--Applicability of General
Provisions to Subpart EEEEEE
Applicability and Compliance Dates
Sec. 63.11146 Am I subject to this subpart?
(a) You are subject to this subpart if you own or operate a primary
copper smelter that is an area source of hazardous air pollutant (HAP)
emissions. Your primary copper smelter is an area source if it does not
emit and does not have the potential to emit
[[Page 59323]]
either 10 tons per year (tpy) or more of any single HAP or 25 tpy or
more of any combination of HAP.
(b) This subpart applies to each new or existing affected source.
The affected source is each primary copper smelter.
(1) An affected source is existing if you commenced construction or
reconstruction of the affected source before October 6, 2006.
(2) An affected source is new if you commenced construction or
reconstruction of the affected source on or after October 6, 2006.
(c) This subpart does not apply to research and development
facilities, as defined in section 112(c)(7) of the Clean Air Act (CAA).
(d) If you own or operate an area source subject to this subpart,
you must obtain a permit under 40 CFR part 70 or 40 CFR part 71.
Sec. 63.11147 What are my compliance dates?
(a) If you own or operate an existing affected source, you must
achieve compliance with the applicable provisions of this subpart by
[DATE OF PUBLICATION OF FINAL RULE IN THE Federal Register].
(b) If you own or operate a new affected source, you must achieve
compliance with the applicable provisions of this subpart by the dates
in paragraphs (b)(1) and (2) of this section.
(1) If you startup a new affected source on or before [DATE OF
PUBLICATION OF FINAL RULE IN THE Federal Register], you must achieve
compliance with the applicable provisions of this subpart not later
than [DATE OF PUBLICATION OF FINAL RULE IN THE Federal Register].
(2) If you startup a new affected source after [DATE OF PUBLICATION
OF FINAL RULE IN THE Federal Register], you must achieve compliance
with the applicable provisions of this subpart upon startup of your
affected source.
Standards and Compliance Requirements
Sec. 63.11148 What are the standards and compliance requirements for
existing sources?
(a) You must not discharge to the atmosphere through any
combination of stacks or other vents captured process exhaust gases
from the copper concentrate dryers, smelting vessels, converting
vessels, matte drying and grinding plants, secondary gas systems, and
anode refining and casting department that contain total particulate
matter (PM) in excess of 89.5 pounds per hour (24-hour average).
(b) For each smelting vessel and converting vessel at your primary
copper smelter, you must operate a secondary gas system that collects
the gases and fumes released during the molten material transfer
operations and conveys the collected gas stream to a control device.
(c) For operations in the anode refining and casting department at
your primary copper smelter, you must meet the requirements in
paragraphs (c)(1) and (2) of this section.
(1) For each vessel used to refine blister copper, remelt anode
copper or anode scrap, or hold molten anode copper, you must collect
the gases and fumes vented from the vessel and convey the collected gas
stream to a control device.
(2) For each anode casting wheel, you must collect gases and fumes
vented when casting molten anode copper and convey the collected gas
stream to a control device.
(d) You must operate a continuous emissions monitoring system
(CEMS) to measure and record PM concentrations and gas stream flow
rates for the exhaust gases discharged to the atmosphere from each
emissions source subject to the emissions limit in paragraph (a) of
this section. A single PM CEMS may be used for the combined exhaust gas
streams at a point before the gases are discharged to the atmosphere.
Measured results must be expressed as pounds of PM emitted per hour
calculated at the end of each calendar day for the preceding 24-hour
period. Collected PM CEMS data must be made available for inspection on
a daily basis.
(e) You must demonstrate initial compliance with the PM emissions
limit in paragraph (a) of this section based on the results of a 24-
hour average from the PM CEMS. You may certify initial compliance with
the PM emissions limit based on the results of sampling conducted
during the previous month.
(f) You must submit to the permitting authority by the 20th day of
each month a summary of the 24-hour averages for the previous month.
(g) You must submit written notification to the permitting
authority of any deviation from the requirements of this subpart,
including those attributable to upset conditions, the probable cause of
such deviations, and any corrective actions or preventative measures
taken. You must submit this notification within 14 days of the date the
deviation occurred.
(h) You must submit semiannual monitoring reports to your
permitting authority. All instances of deviations from the requirements
of this subpart must be clearly identified in the reports.
(i) You must retain records of all required monitoring data and
support information. Support information includes all calibration and
maintenance records, all original strip charts or appropriate
recordings for continuous monitoring instrumentation, and copies of all
reports required by this subpart. For all monitoring requirements, the
owner or operator must record the following information, where
applicable:
(1) The date, place, and time of sampling or measurement, the date
analyses were performed, the company or entity that performed the
analyses, the analytical techniques or methods used, the results of
such analyses, and the operating conditions existing at the time of
sampling or measurement.
(2) Records of activities performed to assure proper operation and
maintenance of air emissions control systems and monitoring systems or
devices.
Sec. 63.11149 What are the standards and compliance requirements for
new sources?
(a) You must not discharge to the atmosphere through any
combination of stacks or other vents process exhaust gases from the
copper concentrate dryers, smelting vessels, converting vessels, matte
drying and grinding plants, secondary gas systems, and anode refining
and casting department that contain total PM in excess of 0.6 pound per
ton of copper concentrate feed charged to the smelting vessel (24-hour
average).
(b) For each smelting vessel and converting vessel at your primary
copper smelter, you must operate a secondary gas system that collects
the gases and fumes released during molten material transfer operations
and convey the collected gas stream to a control device.
(c) For operations in the anode refining and casting department at
your primary copper smelter, you must meet the requirements in
paragraphs (c)(1) and (2) of this section.
(1) For each vessel used to refine blister copper, remelt anode
copper or anode scrap, or hold molten anode copper, you must collect
the gases and fumes vented from the vessel and convey the collected gas
stream to a control device.
(2) For each anode casting wheel, you must collect gases and fumes
vented when casting molten anode copper and convey the collected gas
stream to a control device.
(d) You must install, operate, and maintain a PM CEMS to measure
and record PM concentrations and gas stream flow rates for the exhaust
gases
[[Page 59324]]
discharged to the atmosphere from each emissions source subject to the
emissions limit in paragraph (a) of this section. You must also
install, operate, and maintain a weight measurement system to measure
and record the weight of the copper concentrate feed charged to the
smelting furnace on a daily basis. A single PM CEMS may be used for the
combined exhaust gas streams at a point before the gases are discharged
to the atmosphere. For each PM CEMS used to comply with this paragraph,
you must meet the requirements specified in paragraphs (d)(1) through
(3) of this section.
(1) You must install, certify, operate, and maintain the PM CEMS
according to the applicable specification and testing requirements of
EPA Performance Specification 11 in 40 CFR part 60, appendix B, and the
quality assurance requirements of Procedure 2 in 40 CFR part 60,
appendix F.
(2) You must conduct an initial performance evaluation of the PM
CEMS according to the requirements of Performance Specification 11 in
40 CFR part 60, appendix B. Thereafter, you must perform the
performance evaluations as required by Procedure 2 in 40 CFR part 60,
appendix F.
(3) You must perform quarterly accuracy determinations and daily
calibration drift tests for the PM CEMS according to Procedure 2 in 40
CFR part 60, appendix F.
(e) To demonstrate compliance with the PM emissions limit in
paragraph (a) of this section, you must continuously monitor and record
PM emissions, determine and record the daily (24-hour) value for each
day, and calculate and record the daily average pounds of total PM per
ton of copper concentrate feed charged to the smelting furnace. The
daily average must be calculated at the end of each calendar day for
the preceding 24-hour period. You must maintain records of the
calculations of daily averages with supporting information and data,
including measurements of the weight of copper concentrate feed charged
to the smelting vessel. Collected PM CEMS data must be made available
for inspection on a daily basis.
(f) You must demonstrate initial compliance with the emissions
limit in paragraph (a) of this section using the procedures in
paragraph (e) of this section. You must complete this initial
compliance demonstration within 180 days after startup and report the
results in your notification of compliance status no later than 30 days
after the end of the compliance demonstration.
(g) You must submit to the permitting authority by the 20th day of
each month a summary of the daily average PM per ton of copper
concentrate feed charged to the smelting vessel for the previous month.
Other Requirements and Information
63.11150 What General Provisions apply to this subpart?
(a) If you own or operate an existing or new affected source, you
must comply with the requirements of the General Provisions (40 CFR
part 63, subpart A) as specified in Table 1 to this subpart and
paragraphs (a)(1) through (4) of this section.
(1) If you own or operate an existing affected source and you
certify initial compliance with the PM emissions limit in Sec.
63.11148(a) based on monitoring data from the previous month, your
notification of compliance status required by Sec. 63.9(h) must
include this certification of compliance, signed by a responsible
official: ``This facility complies with the PM emissions limit in Sec.
63.11148(a) based on monitoring data that were collected during the
previous month.''
(2) If you conduct a new performance test to demonstrate initial
compliance with the PM emissions limit in Sec. 63.11148(a), your
notification of compliance status required by Sec. 63.9(h) must
include the results of the performance test, including required
monitoring data.
(3) Your notification of compliance status required by Sec.
63.9(h) must include this certification of compliance, signed by a
responsible official, for the work practice standard in Sec.
63.11148(b): ``This facility complies with the requirement to operate a
secondary gas system for each smelting vessel and converting vessel in
accordance with Sec. 63.11148(b).''
(4) Your notification of compliance status required by Sec.
63.9(h) must include this certification of compliance, signed by a
responsible official, for the work practice standard in Sec.
63.11148(c): ``This facility complies with the requirement to capture
gases from operations in the anode refining and casting department and
duct them to a control device in accordance with Sec. 63.11148(c).''
(b) If you own or operate a new affected source, you must comply
with the requirements of the General Provisions (40 CFR part 63,
subpart A) as specified in Table 1 to this subpart and paragraphs
(b)(1) through (3) of this section.
(1) Your notification of compliance status required by Sec.
63.9(h) must include the results of the initial performance test and
monitoring data collected during the test that demonstrate compliance
with the emissions limit in Sec. 63.11149(a).
(2) Your notification of compliance status required by Sec.
63.9(h) must include this certification of compliance, signed by a
responsible official, for the work practice standard in Sec.
63.11149(b): ``This facility complies with the requirement to operate a
secondary gas system for each smelting vessel and converting vessel in
accordance with Sec. 63.11149(b).''
(3) Your notification of compliance status required by Sec.
63.9(h) must include this certification of compliance, signed by a
responsible official, for the work practice standard in Sec.
63.11149(c): ``This facility complies with the requirement to capture
gases from operations in the anode refining and casting department and
duct them to a control device in accordance with Sec. 63.11149(c).''
Sec. 63.11151 What definitions apply to this subpart?
Terms used in this subpart are defined in the CAA, in 40 CFR 63.2,
and in this section as follows:
Anode refining and casting department means the area at a primary
copper smelter in which anode copper refining and casting operations
are performed. Emissions sources in the anode refining and casting
department include anode refining furnaces, anode shaft furnaces, anode
holding furnaces, and anode casting wheels.
Capture system means the collection of components used to capture
gases and fumes released from one or more emissions points and then
convey the captured gas stream to a control device. A capture system
may include, but is not limited to, the following components as
applicable to a given capture system design: Duct intake devices,
hoods, enclosures, ductwork, dampers, manifolds, plenums, and fans.
Control device means air pollution control equipment used to remove
PM from a gas stream.
Converting vessel means a furnace, reactor, or other type of vessel
in which copper matte is oxidized to form blister copper.
Copper concentrate means copper ore that has been beneficiated or
treated to remove waste and increase the copper content of the treated
material.
Copper concentrate dryer means a vessel in which copper
concentrates are heated in the presence of air to reduce the moisture
content of the material. Supplemental copper-bearing feed materials and
fluxes may be added or mixed with the copper concentrates fed to a
copper concentrate dryer.
[[Page 59325]]
Copper concentrate feed means the mixture of copper concentrate,
secondary copper-bearing materials, recycled slags and dusts, fluxes,
and other materials blended together for feeding to the smelting
vessel.
Copper matte means a material predominately composed of copper and
iron sulfides produced by smelting copper ore concentrates.
Deviation means any instance in which an affected source subject to
this subpart, or an owner or operator of such a source:
(1) Fails to meet any requirement or obligation established by this
subpart, including but not limited to any emissions limitation or work
practice standard;
(2) Fails to meet any term or condition that is adopted to
implement an applicable requirement in this subpart and that is
included in the operating permit for any affected source required to
obtain such a permit; or
(3) Fails to meet any emissions limitation or work practice
standard in this subpart during startup, shutdown, or malfunction,
regardless of whether or not such failure is permitted by this subpart.
Matte drying and grinding plant means the area at a primary copper
smelter in which wet granulated matte copper is ground in a mill, dried
by blowing heated air through the mill, and then separated from the
drying air stream using a control device such as a baghouse.
Primary copper smelter means any installation or any intermediate
process engaged in the production of copper from copper sulfide ore
concentrates through the use of pyrometallurgical techniques.
Responsible official means responsible official as defined at 40
CFR 70.2.
Secondary gas system means a capture system that collects the gases
and fumes released when removing and transferring molten materials from
smelting vessels and converting vessels using tapping ports, launders,
and other openings in the vessels. Examples of molten material include,
but are not limited to: copper matte, slag, and blister copper.
Smelting vessel means a furnace, reactor, or other type of vessel
in which copper ore concentrate and fluxes are melted to form a molten
mass of material containing copper matte and slag. Other copper-bearing
materials may also be charged to the smelting vessel.
Work practice standard means any design, equipment, work practice,
or operational standard, or combination thereof.
Sec. 63.11152 Who implements and enforces this subpart?
(a) This subpart can be implemented and enforced by the U.S. EPA,
or a delegated authority such as a State, local, or tribal agency. If
the U.S. EPA Administrator has delegated authority to a State, local,
or tribal agency, then that Agency has the authority to implement and
enforce this subpart. You should contact your U.S. EPA Regional Office
to find out if this subpart is delegated to a State, local, or tribal
agency within your State.
(b) In delegating implementation and enforcement authority of this
subpart to a State, local, or tribal agency under 40 CFR part 63,
subpart E, the authorities contained in paragraph (c) of this section
are retained by the Administrator of the U.S. EPA and are not
transferred to the State, local, or tribal agency.
(c) The authorities that will not be delegated to State, local, or
tribal agencies are listed in paragraphs (c)(1) through (4) of this
section.
(1) Approval of an alternative non-opacity emission standard under
Sec. 63.6(g).
(2) Approval of a major change to a test method under Sec.
63.7(e)(2)(ii) and (f). A ``major change to test method'' is defined in
Sec. 63.90.
(3) Approval of a major change to monitoring under Sec. 63.8(f). A
``major change to monitoring'' is defined in Sec. 63.90.
(4) Approval of a major change to recordkeeping/ reporting under
Sec. 63.10(f). A ``major change to recordkeeping/reporting'' is
defined in Sec. 63.90.
Tables to Subpart EEEEEE of Part 63
As required in Sec. 63.11150(a) and (b), you must comply with the
requirements of the NESHAP General Provisions (40 CFR part 63, subpart
A) as shown in the following table.
Table 1 to Subpart EEEEEE of Part 63.--Applicability of General Provisions to Subpart EEEEEE
----------------------------------------------------------------------------------------------------------------
Applies to Subpart
Citation Subject EEEEEE? Explanation
----------------------------------------------------------------------------------------------------------------
63.1(a)(1), (a)(2), (a)(3), (a)(4), Applicability........... Yes...................
(a)(6), (a)(10)-(a)(12) (b)(1),
(b)(3), (c)(1), (c)(2), (c)(5), (e).
63.1(a)(5), (a)(7)-(a)(9), (b)(2), Reserved................ No....................
(c)(3), (c)(4), (d).
63.2................................. Definitions............. Yes...................
63.3................................. Units and Abbreviations. Yes...................
63.4................................. Prohibited Activities Yes...................
and Circumvention.
63.5................................. Preconstruction Review No....................
and Notification
Requirements.
63.6(a), (b)(1)-(b)(5), (b)(7), Compliance with Yes...................
(c)(1), (c)(2), (c)(5), (e)(1), Standards and
(e)(3)(i), (e)(3)(iii)-(e)(3)(ix), Maintenance
(f), (g), (i), (j). Requirements.
63.6(b)(6), (c)(3), (c)(4), (d), Reserved................ No....................
(e)(2), (e)(3)(ii), (h)(3),
(h)(5)(iv).
63.6(h)(1)-(h)(4), (h)(5)(i)- No.................... Subpart EEEEEE does not
(h)(5)(iii), (h)(6)-(h)(9). include opacity or
visible emissions
standards.
63.7(a), (e), (f), (g), (h).......... Performance Testing Yes...................
Requirements.
63.7(b), (c)......................... Yes/No................ Notification of
performance tests and
quality assurance
program apply to new
sources but not
existing sources.
63.8(a)(1), (a)(2), (b), (c), (f), Monitoring Requirements. Yes...................
(g).
63.8(a)(3)........................... Reserved................ No....................
63.8(a)(4)........................... No.................... Subpart EEEEEE does not
require flares.
[[Page 59326]]
63.8(d), (e)......................... Yes/No................ Requirements for
quality control
program and
performance
evaluations apply to
new sources but not
existing sources.
63.9(a), (b)(1), (b)(2), (b)(5), (c), Notification Yes...................
(d), (h)(1)-(h)(3), (h)(5), (h)(6), Requirements.
(i), (j).
63.9(b)(3), (h)(4)................... Reserved................ No....................
63.9(b)(4), (f)...................... No....................
63.9(e), (g)......................... Yes/No................ Requirement for
notification of
performance test and
for use of continuous
monitoring systems
apply to new sources
but not existing
sources.
63.10(a), (b)(1), (d)(1), (d)(2), Recordkeeping and Yes...................
(d)(4), (d)(5), (f). Reporting Requirements.
63.10(b)(2), (b)(3), (c)(1) (c)(5)- Yes/No................ Recordkeeping and
(c)(8), (c)(10)-(c)(15), (e)(1), reporting requirements
(e)(2). apply to new sources
but not existing
sources.
63.10(c)(2)-(c)(4), (c)(9)........... Reserved................ No....................
63.10(d)(3), (e)(4).................. No.................... Subpart EEEEE does not
contain opacity or
visible emissions
standards.
63.10(e)(3).......................... Yes/No................ Reporting requirements
apply to new sources
but not existing
sources.
63.11................................ Control Device No.................... Subpart EEEEEE does not
Requirements. require flares.
63.12................................ State Authorities and Yes...................
Delegations.
63.13................................ Addresses............... Yes...................
63.14................................ Incorporations by Yes...................
Reference.
63.15................................ Availability of Yes...................
Information and
Confidentiality.
63.16................................ Performance Track Yes...................
Provisions.
----------------------------------------------------------------------------------------------------------------
5. Part 63 is amended by adding subpart FFFFFF to read as follows:
Subpart FFFFFF--National Emission Standards for Hazardous Air
Pollutants for Secondary Copper Smelting Area Sources
Sec.
Applicability and Compliance Dates
63.11153 Am I subject to this subpart?
63.11154 What are my compliance dates?
Standards and Compliance Requirements
63.11155 What are the standards and compliance requirements for new
sources?
63.11156 [Reserved]
Other Requirements and Information
63.11157 What General Provisions apply to this subpart?
63.11158 What definitions apply to this subpart?
63.11159 Who implements and enforces this subpart?
Tables to Subpart FFFFFF of Part 63
Table 1 to Subpart FFFFFF of Part 63--Applicability of General
Provisions to Subpart FFFFFF
Applicability and Compliance Dates
Sec. 63.11153 Am I subject to this subpart?
(a) You are subject to this subpart if you own or operate a new
secondary copper smelter that is an area source of hazardous air
pollutant (HAP) emissions. Your secondary copper smelter is an area
source if it does not emit and does not have the potential to emit
either 10 tons per year (tpy) or more of any single HAP or 25 tpy or
more of any combination of HAP.
(b) This subpart applies to each new affected source. The affected
source is each secondary copper smelter. Your secondary copper smelter
is a new affected source if you commenced construction or
reconstruction of the affected source before October 6, 2006.
(c) This subpart does not apply to research and development
facilities, as defined in section 112(c)(7) of the CAA.
(d) If you own or operate an area source subject to this subpart,
you must obtain a permit under 40 CFR part 70 or 40 CFR part 71.
Sec. 63.11154 What are my compliance dates?
(a) If you start up a new affected source on or before [Date of
publication of final rule in the Federal Register], you must achieve
compliance with the applicable provisions of this subpart not later
than [DATE OF PUBLICATION OF FINAL RULE IN THE Federal Register].
(b) If you start up a new affected source after [DATE OF
PUBLICATION OF FINAL RULE IN THE Federal Register], you must achieve
compliance with the applicable provisions of this subpart upon startup
of your affected source.
Standards and Compliance Requirements
Sec. 63.11155 What are the standards and compliance requirements for
new sources?
(a) You must not discharge to the atmosphere any gases which
contain particulate matter (PM) in excess of 0.002 grains per dry
standard cubic foot (gr/dscf) from the exhaust vent of any capture
system for a smelting furnace, melting furnace, or other vessel that
contains molten material and any capture system for the transfer of
molten material.
(b) For each smelting furnace, melting furnace, or other vessel
that contains molten material, you must install and operate a capture
system that collects the gases and fumes from the vessel and from the
transfer of molten material and convey the collected gas stream to a
control device.
(c) You must prepare and operate at all times according to a
written plan for the selection, inspection, and pretreatment of copper
scrap to minimize, to the extent practicable, the amount of oil and
plastics in the scrap that is charged to the smelting furnace.
[[Page 59327]]
Your plan must include a training program for scrap inspectors. You
must keep records to demonstrate continuous compliance with the
requirements of your plan. You must keep a current copy of your
pollution prevention plan onsite and available for inspection.
(d) You must install, operate, and maintain a bag leak detection
system on all baghouses used to comply with the PM emissions limit in
paragraph (a) of this section according to paragraph (d)(1) of this
section, prepare and operate by a site-specific monitoring plan
according to paragraph (d)(2) of this section, take corrective action
according to paragraph (d)(3) of this section, and record information
according to paragraph (d)(4) of this section.
(1) Each bag leak detection system must meet the specifications and
requirements in paragraphs (d)(1)(i) through (viii) of this section.
(i) The bag leak detection system must be certified by the
manufacturer to be capable of detecting PM emissions at concentrations
of 1 milligram per actual cubic meter (0.00044 grains per actual cubic
foot) or less.
(ii) The bag leak detection system sensor must provide output of
relative PM loadings. The owner or operator shall continuously record
the output from the bag leak detection system using electronic or other
means (e.g., using a strip chart recorder or a data logger.)
(iii) The bag leak detection system must be equipped with an alarm
system that will sound when the system detects an increase in relative
particulate loading over the alarm set point established according to
paragraph (d)(1)(iv) of this section, and the alarm must be located
such that it can be heard by the appropriate plant personnel.
(iv) In the initial adjustment of the bag leak detection system,
you must establish, at a minimum, the baseline output by adjusting the
sensitivity (range) and the averaging period of the device, the alarm
set points, and the alarm delay time.
(v) Following initial adjustment, you shall not adjust the
averaging period, alarm set point, or alarm delay time without approval
from the Administrator or delegated authority except as provided in
paragraph (d)(1)(vi) of this section.
(vi) Once per quarter, you may adjust the sensitivity of the bag
leak detection system to account for seasonal effects, including
temperature and humidity, according to the procedures identified in the
site-specific monitoring plan required by paragraph (d)(2) of this
section.
(vii) You must install the bag leak detection sensor downstream of
the baghouse and upstream of any wet scrubber.
(viii) Where multiple detectors are required, the system's
instrumentation and alarm may be shared among detectors.
(2) You must develop and submit to the Administrator or delegated
authority for approval a site-specific monitoring plan for each bag
leak detection system. You must operate and maintain the bag leak
detection system according to the site-specific monitoring plan at all
times. For each bag leak detection system that operates on the
triboelectric effect, the monitoring plan must be consistent with the
recommendations contained in the ``Fabric Filter Bag Leak Detection
Guidance'' (EPA-454/R-98-015) currently available at http://www.epa.gov/ttn.emc01/cem/tribo.pdf. Each monitoring plan must describe
the items in paragraphs (d)(2)(i) through (vi) of this section.
(i) Installation of the bag leak detection system;
(ii) Initial and periodic adjustment of the bag leak detection
system, including how the alarm set-point will be established;
(iii) Operation of the bag leak detection system, including quality
assurance procedures;
(iv) How the bag leak detection system will be maintained,
including a routine maintenance schedule and spare parts inventory
list;
(v) How the bag leak detection system output will be recorded and
stored; and
(vi) Corrective action procedures as specified in paragraph (d)(3)
of this section. In approving the site-specific monitoring plan, the
Administrator or delegated authority may allow owners and operators
more than 3 hours to alleviate a specific condition that causes an
alarm if the owner or operator identifies in the monitoring plan this
specific condition as one that could lead to an alarm, adequately
explains why it is not feasible to alleviate this specific condition
within 3 hours of the time the alarm occurs, and demonstrates that the
requested time will ensure alleviation of this condition as
expeditiously as practicable.
(3) For each bag leak detection system, you must initiate
procedures to determine the cause of every alarm within 1 hour of the
alarm. Except as provided in paragraph (d)(2)(vi) of this section, you
must alleviate the cause of the alarm within 3 hours of the alarm by
taking whatever corrective action(s) are necessary. Corrective actions
may include, but are not limited to the following:
(i) Inspecting the baghouse for air leaks, torn or broken bags or
filter media, or any other condition that may cause an increase in
particulate emissions;
(ii) Sealing off defective bags or filter media;
(iii) Replacing defective bags or filter media or otherwise
repairing the control device;
(iv) Sealing off a defective baghouse compartment;
(v) Cleaning the bag leak detection system probe or otherwise
repairing the bag leak detection system; or
(vi) Shutting down the process producing the particulate emissions.
(4) You must maintain records of the information specified in
paragraphs (d)(4)(i) through (iii) of this section for each bag leak
detection system.
(i) Records of the bag leak detection system output;
(ii) Records of bag leak detection system adjustments, including
the date and time of the adjustment, the initial bag leak detection
system settings, and the final bag leak detection system settings; and
(iii) The date and time of all bag leak detection system alarms,
the time that procedures to determine the cause of an alarm were
initiated, whether procedures were initiated within 1 hour of the
alarm, the cause of the alarm, an explanation of the actions taken, the
date and time the cause of the alarm was alleviated, and whether the
alarm was alleviated within 3 hours of the alarm.
(e) You must conduct a performance test to demonstrate initial
compliance with the PM emissions limit within 180 days after startup
and report the results in your notification of compliance status. You
must conduct each PM test according to Sec. 63.7(e)(1) using the test
methods and procedures in paragraphs (e)(1) through (5) of this
section.
(1) Method 1 or 1A (40 CFR part 60, appendix A) to select sampling
port locations and the number of traverse points in each stack or duct.
Sampling sites must be located at the outlet of the control device (or
at the outlet of the emissions source if no control device is present)
prior to any releases to the atmosphere.
(2) Method 2, 2A, 2C, 2D, 2F, or 2G (40 CFR part 60, appendix A) to
determine the volumetric flow rate of the stack gas.
(3) Method 3, 3A, or 3B (40 CFR part 60, appendix A) to determine
the dry molecular weight of the stack gas. You may use ANSI/ASME PTC
19.10-1981, ``Flue and Exhaust Gas Analyses (incorporated by
reference--see Sec. 63.14) as an alternative to EPA Method 3B.
[[Page 59328]]
(4) Method 4 (40 CFR part 60, appendix A) to determine the moisture
content of the stack gas.
(5) Method 5 (40 CFR part 60, appendix A) to determine the PM
concentration for negative pressure baghouses and Method 5D (40 CFR
part 60, appendix A) for positive pressure baghouses. The sampling time
and volume for each run must be at least 60 minutes and 0.85 dry
standard cubic meters (30 dry standard cubic feet). A minimum of three
valid test runs are needed to comprise a PM performance test.
(f) You must conduct subsequent performance tests to demonstrate
compliance with the PM emissions limit at least once every 5 years.
(g) If you use a control device other than a baghouse, you must
prepare and submit a monitoring plan to the Administrator for approval.
Each plan must contain the information in paragraphs (g)(1) through (5)
of this section.
(1) A description of the device;
(2) Test results collected in accordance with paragraph (e) of this
section verifying the performance of the device for reducing PM to the
levels required by this subpart;
(3) Operation and maintenance plan for the control device
(including a preventative maintenance schedule consistent with the
manufacturer's instructions for routine and long-term maintenance) and
continuous monitoring system.
(4) A list of operating parameters that will be monitored to
maintain continuous compliance with the applicable emission limits; and
(5) Operating parameter limits based on monitoring data collected
during the performance test.
Sec. 63.11156 [Reserved]
Other Requirements and Information
Sec. 63.11157 What General Provisions apply to this subpart?
(a) If you own or operate a new affected source, you must comply
with the requirements of the General Provisions in 40 CFR part 63,
subpart A as specified in Table 1 to this subpart.
(b) Your notification of compliance status required by Sec.
63.9(h) must include the results of the initial performance tests and
monitoring data collected during the test.
(c) Your notification of compliance status required by Sec.
63.9(h) must include this certification of compliance, signed by a
responsible official, for the work practice standard in Sec.
63.11155(c): ``This facility complies with the requirement for a
written plan for the selection, inspection, and pretreatment of copper
scrap in accordance with Sec. 63.11155(c).''
(d) Your notification of compliance status required by Sec.
63.9(h) must include this certification of compliance, signed by a
responsible official, for the work practice standard in Sec.
63.11155(d)(2): ``This facility has an approved monitoring plan in
accordance with Sec. 63.11155(d)(2).''
(e) If you use control devices other than baghouses, your
notification of compliance status required by Sec. 63.9(h) must
include this certification of compliance, signed by a responsible
official for the monitoring plan requirements in Sec. 63.11157(g):
``This facility has an approved monitoring plan in accordance with
Sec. 63.11157(g).''
Sec. 63.11158 What definitions apply to this subpart?
Terms used in this subpart are defined in the CAA, in 40 CFR 63.2,
and in this section as follows:
Anode copper means copper that is cast into anodes and refined in
an electrolytic process to produce high purity copper.
Capture system means the collection of components used to capture
gases and fumes released from one or more emissions points and then
convey the captured gas stream to a control device. A capture system
may include, but is not limited to, the following components as
applicable to a given capture system design: duct intake devices,
hoods, enclosures, ductwork, dampers, manifolds, plenums, and fans.
Melting furnace means any furnace, reactor, or other type of vessel
that heats solid materials and produces a molten mass of material.
Secondary copper smelter means a facility that processes copper
scrap in a blast furnace and converter or that uses another
pyrometallurgical purification process to produce anode copper from
copper scrap, including low-grade copper scrap. A facility where
recycled copper scrap or copper alloy scrap is melted to produce ingots
or for direct use in a manufacturing process is not a secondary copper
smelter.
Smelting furnace means any furnace, reactor, or other type of
vessel in which copper scrap and fluxes are melted to form a molten
mass of material containing copper and slag.
Work practice standard means any design, equipment, work practice,
or operational standard, or combination thereof.
Sec. 63.11159 Who implements and enforces this subpart?
(a) This subpart can be implemented and enforced by the U.S. EPA,
or a delegated authority such as a State, local, or tribal agency. If
the U.S. EPA Administrator has delegated authority to a State, local,
or tribal agency, then that Agency has the authority to implement and
enforce this subpart. You should contact your U.S. EPA Regional Office
to find out if this subpart is delegated to a State, local, or tribal
agency.
(b) In delegating implementation and enforcement authority of this
subpart to a State, local, or tribal agency under 40 CFR part 63,
subpart E, the authorities contained in paragraph (c) of this section
are retained by the Administrator of the U.S. EPA and are not
transferred to the State, local, or tribal agency.
(c) The authorities that will not be delegated to State, local, or
tribal agencies are listed in paragraphs (c)(1) through (4) of this
section.
(1) Approval of an alternative non-opacity emissions standard under
Sec. 63.6(g).
(2) Approval of a major change to test methods under Sec.
63.7(e)(2)(ii) and (f). A ``major change to test method'' is defined in
Sec. 63.90.
(3) Approval of a major change to monitoring under Sec. 63.8(f). A
``major change to monitoring'' is defined in Sec. 63.90.
(4) Approval of a major change to recordkeeping/reporting under
Sec. 63.10(f). A ``major change to recordkeeping/reporting'' is
defined in Sec. 63.90.
Tables to Subpart FFFFFF of Part 63
As required in Sec. 63.11157(a), you must comply with the
requirements of the General Provisions (40 CFR part 63, subpart A) as
shown in the following table.
[[Page 59329]]
Table 1 to Subpart FFFFFF of Part 63.--Applicability of General Provisions to Subpart FFFFFF
----------------------------------------------------------------------------------------------------------------
Applies to Subpart
Citation Subject FFFFFF? Explanation
----------------------------------------------------------------------------------------------------------------
63.1(a)(1), (a)(2), (a)(3), (a)(4), Applicability........... Yes................... .......................
(a)(6), (a)(10)-(a)(12) (b)(1),
(b)(3), (c)(1), (c)(2), (c)(5), (e).
63.1(a)(5), (a)(7)-(a)(9), (b)(2), Reserved................ No.................... .......................
(c)(3), (c)(4), (d).
63.2................................. Definitions............. Yes................... .......................
63.3................................. Units and Abbreviations. Yes................... .......................
63.4................................. Prohibited Activities Yes................... .......................
and Circumvention.
63.5................................. Preconstruction Review No.................... .......................
and Notification
Requirements.
63.6(a), (b)(1)-(b)(5), (b)(7), Compliance with Yes................... .......................
(c)(1), (c)(2), (c)(5), (e)(3)(i), Standards and
(e)(3)(iii)-(e)(3)(ix), (f),(g), Maintenance
(i), (j). Requirements.
63.6(b)(6), (c)(3), (c)(4), (d), Reserved................ No.................... .......................
(e)(2), (e)(3)(ii), (h)(3),
(h)(5)(iv).
63.6(h)(1)-(h)(4), (h)(5)(i)- No.................... Subpart FFFFFF does not
(h)(5)(iii), (h)(6)-(h)(9). include opacity or
visible emissions
standards.
63.7................................. Performance Testing Yes................... .......................
Requirements.
63.8(a)(1), (a)(2), (b), (f)(1)-(5).. Monitoring Requirements. Yes................... .......................
63.8(a)(3)........................... Reserved................ No.................... .......................
63.8(c), (d), (e), (f)(6), (g)....... No.................... Subpart FFFFFF does not
require a continuous
monitoring system.
63.8(a)(4)........................... No.................... Subpart FFFFFF does not
require flares.
63.9(a), (b)(1), (b)(2), (b)(5), (c), Notification Yes................... .......................
(d), (e), (f), (g), (h)(1)-(h)(3), Requirements.
(h)(5), (h)(6),(i), (j).
63.9(b)(3), (h)(4)................... Reserved................ No.................... .......................
63.9(b)(4)........................... No.................... .......................
63.9(f).............................. No.................... Subpart FFFFFF does not
include opacity or
visible emissions
standards.
63.9(g).............................. No.................... Subpart FFFFFF does not
require a continuous
monitoring system.
63.10(a), (b)(2)(i)-(b)(2)(v), Recordkeeping and Yes................... .......................
(b)(2)(xiv), (d)(1), (d)(2), (d)(4), Reporting Requirements.
(d)(5), (e)(1), (e)(2), (f).
63.10(c)(2)-(c)(4), (c)(9)........... Reserved................ No.................... .......................
63.10(b)(2)(vi)-(b)(2)(xiii), (c)(1), Subpart FFFFFF does not
(c)(5)-(c)(14), (e)(1)-(e)(2), require a continuous
(e)(4). monitoring system.
63.10(d)(3).......................... No.................... Subpart FFFFFF does not
include opacity or
visible emissions
standards.
63.10(e)(3).......................... Yes................... .......................
63.11................................ Control Device No.................... Subpart FFFFFF does not
Requirements. require flares.
63.12................................ State Authorities and Yes................... .......................
Delegations.
63.13................................ Addresses............... Yes................... .......................
63.14................................ Incorporations by Yes................... .......................
Reference.
63.15................................ Availability of Yes................... .......................
Information and
Confidentiality.
63.16................................ Performance Track Yes................... .......................
Provisions.
----------------------------------------------------------------------------------------------------------------
6. Part 63 is amended by adding subpart GGGGGG to read as follows:
Subpart GGGGGG--National Emission Standards for Hazardous Air
Pollutants for Primary Nonferrous Metals Area Sources--Zinc,
Cadmium, and Beryllium
Sec.
Applicability and Compliance Dates
63.11160 Am I subject to this subpart?
63.11161 What are my compliance dates?
Primary Zinc Production Facilities
63.11162 What are the standards and compliance requirements for
existing sources?
63.11163 What are the standards and compliance requirements for new
sources?
63.11164 What General Provisions apply to primary zinc production
facilities?
Primary Beryllium Production Facilities
63.11165 What are the standards and compliance requirements for new
and existing sources?
63.11166 What General Provisions apply to primary beryllium
production facilities?
Other Requirements and Information
63.11167 What definitions apply to this subpart?
63.11168 Who implements and enforces this subpart?
Applicability and Compliance Dates
Sec. 63.11160 Am I subject to this subpart?
(a) You are subject to this subpart if you own or operate a primary
zinc production facility or primary beryllium production facility that
is an area source of hazardous air pollutant (HAP) emissions. Your
primary zinc or primary beryllium production facility is an area source
if it does not emit and does not have the potential to emit either 10
tons per year (tpy) or more of any single HAP or 25 tpy or more of any
combination of HAP.
(b) The affected source is each existing or new primary zinc
production
[[Page 59330]]
facility or primary beryllium production facility.
(1) An affected source is existing if you commenced construction or
reconstruction of the affected source before October 6, 2006.
(2) An affected source is new if you commenced construction or
reconstruction of the affected source on or after October 6, 2006.
(c) If you own or operate a new or existing affected source, you
must obtain a permit under 40 CFR part 70 or 71.
Sec. 63.11161 What are my compliance dates?
(a) If you have an existing affected source, you must achieve
compliance with applicable provisions in this subpart by [DATE OF
PUBLICATION OF THE FINAL RULE IN THE Federal Register]. If you startup
a new sintering machine at an existing affected source after [DATE OF
PUBLICATION OF THE FINAL RULE IN THE Federal Register], you must
achieve compliance with the applicable provisions in this subpart not
later than 180 days after startup.
(b) If you have a new affected source, you must achieve compliance
with applicable provisions in this subpart according to the dates in
paragraphs (b)(1) and (2) of this section.
(1) If you startup a new affected source on or before [DATE OF
PUBLICATION OF FINAL RULE IN THE Federal Register], you must achieve
compliance with applicable provisions in this subpart not later than
[DATE OF PUBLICATION OF THE FINAL RULE IN THE Federal Register].
(2) If you startup a new affected source after [DATE OF PUBLICATION
OF THE FINAL RULE IN THE Federal Register], you must achieve compliance
with applicable provisions in this subpart upon initial startup.
Primary Zinc Production Facilities
Sec. 63.11162 What are the standards and compliance requirements for
existing sources?
(a) You must exhaust the off-gases from each roaster to a
particulate matter (PM) control device and to a sulfuric acid plant,
including during the charging of the roaster.
(b) You must not discharge to the atmosphere any gases which
contain PM in excess of the emissions limits in paragraphs (b)(1)
through (5) of this section.
(1) 0.93 pound per hour (lb/hr) from the exhaust vent of a zinc
cathode melting furnace.
(2) 0.1 lb/hr from the exhaust vent of a furnace that melts zinc
dust, zinc chips, and/or other materials containing zinc.
(3) 0.228 lb/hr from the vent for the combined exhaust from a
furnace melting zinc scrap and an alloy furnace.
(4) 0.014 grains per dry standard cubic foot (gr/dscf) from the
exhaust vent of an anode casting furnace.
(5) 0.015 gr/dscf from the exhaust vent of a cadmium melting
furnace.
(c) You must establish an operating range for pressure drop for
each baghouse applied to a furnace subject to an emissions limit in
paragraph (b) of this section based on the minimum and maximum values
recorded during a performance test that demonstrates compliance with
the applicable PM emissions limit. Alternatively, you may use an
operating range that has been previously established and approved by
your permitting authority within the past 5 years. You must monitor the
pressure drop daily, maintain the pressure drop for each baghouse
within the established operating range, and record the pressure drop
measurement in a daily log. You must perform routine maintenance on
each baghouse and record maintenance activities in a baghouse
maintenance log. Baghouse maintenance logs must include, but are not
limited to, inspections, criteria for changing bag filters, and dates
on which the bag filters are replaced. Both logs must be maintained in
a suitable permanent form and kept available for inspection.
(d) If you own or operate a sintering machine at your facility, you
must comply with the PM emissions limit in 40 CFR 60.172(a) and the
opacity emissions limit in 40 CFR 60.174(a) for that sintering machine.
(e) If you own or operate a sintering machine at your facility, you
must install and operate a continuous opacity monitoring system (COMS)
for each sintering machine according to the requirements in 40 CFR
60.175(a). Each COMS must meet Performance Specification 1 (40 CFR part
60, appendix B).
(f) For each furnace at your facility, you must demonstrate initial
compliance with the applicable PM emissions limit in paragraph (b) of
this section based on the results of a performance test for that
furnace. If you own or operate a sintering machine, you must also
demonstrate initial compliance with the PM and opacity emissions limits
in paragraph (d) of this section based on the results of a performance
test for that sintering machine.
(1) You may certify initial compliance for a furnace (and sintering
machine, if applicable) based on the results of a previous performance
test conducted during the past 5 years.
(2) If you have not conducted a performance test to demonstrate
compliance with the applicable emissions limits during the past 5
years, you must conduct a performance test within 180 days of your
compliance date and report the results in your notification of
compliance status.
(3) You must conduct each PM test for a furnace according to Sec.
63.7(e)(1) using the test methods and procedures in paragraphs
(f)(3)(i) through (v) of this section.
(i) Method 1 or 1A (40 CFR part 60, appendix A) to select sampling
port locations and the number of traverse points in each stack or duct.
Sampling sites must be located at the outlet of the control device (or
at the outlet of the emissions source if no control device is present)
prior to any releases to the atmosphere.
(ii) Method 2, 2A, 2C, 2D, 2F, or 2G (40 CFR part 60, appendix A)
to determine the volumetric flow rate of the stack gas.
(iii) Method 3, 3A, or 3B (40 CFR part 60, appendix A) to determine
the dry molecular weight of the stack gas. You may use ANSI/ASME PTC
19.10-1981, ``Flue and Exhaust Gas Analyses'' (incorporated by
reference--see Sec. 63.14) as an alternative to EPA Method 3B.
(iv) Method 4 (40 CFR part 60, appendix A) to determine the
moisture content of the stack gas.
(v) Method 5 (40 CFR part 60, appendix A) to determine the PM
concentration for a negative pressure baghouse, Method 5D (40 CFR part
60, appendix A) for a positive pressure baghouse, or an alternative
method previously approved by your permitting authority. A minimum of
three valid test runs are needed to comprise a PM performance test.
(4) You must conduct each PM test for a sintering machine according
to Sec. 63.7(e)(1) and 40 CFR 60.176(b)(1) using the test methods in
paragraph (f)(3) of this section. You must determine the PM
concentration using EPA Method 5 (40 CFR part 60, appendix A). You may
use ANSI/ASME PTC 19.10-1981, ``Flue and Exhaust Gas Analyses''
(incorporated by reference--see Sec. 63.14) as an alternative to EPA
Method 3B.
(5) You must conduct each opacity test for a sintering machine
according to the requirements in Sec. 63.6(h)(7). You must determine
the opacity of emissions using EPA Method 9 (40 CFR part 60, appendix
A).
(g) For each furnace subject to an emissions limit in paragraph (b)
of this section, you must conduct subsequent
[[Page 59331]]
performance tests according to the requirements in paragraph (f)(3) of
this section to demonstrate compliance with the applicable PM emissions
limit for the furnace every 5 years.
(h) You must submit a notification to your permitting authority of
any deviation from the requirements of this subpart within 30 days
after the deviation. The notification must describe the probable cause
of the deviation and any corrective actions or preventative measures
taken.
(i) You must submit semiannual monitoring reports to your
permitting authority containing the results for all monitoring required
by this subpart. All deviations that occur during the reporting period
must be clearly identified.
(j) You must keep records of all required monitoring data and
support information. Support information includes all calibration and
maintenance records and all original strip chart recordings for
continuous monitoring instrumentation and copies of all reports
required by this subpart.
Sec. 63.11163 What are the standards and compliance requirements for
new sources?
(a) You must exhaust the off-gases from each roaster to a PM
control device and to a sulfuric acid plant, including the charging of
the roaster.
(b) You must not discharge to the atmosphere any gases which
contain PM in excess of the emissions limits in paragraphs (b)(1)
through (3) of this section.
(1) 0.005 gr/dscf from the exhaust vent of a zinc cathode melting
furnace; scrap zinc melting furnace; furnace melting zinc dust, zinc
chips, and other materials containing zinc; and alloy melting furnace.
(2) 0.014 gr/dscf from the exhaust vent of an anode casting
furnace.
(3) 0.015 gr/dscf from the exhaust vent of a cadmium melting
furnace.
(c) For each melting furnace, you must install and operate a
capture system that collects gases and fumes from the melting furnace
and from the transfer of molten materials and conveys the collected
gases to a control device.
(d) You must install, operate, and maintain a bag leak detection
system on all baghouses used to comply with the PM emissions limit in
paragraph (b) of this section according to paragraph (d)(1) of this
section, prepare and operate by a site-specific monitoring plan
according to paragraph (d)(2) of this section, take corrective action
according to paragraph (d)(3) of this section, and record information
according to paragraph (d)(4) of this section.
(1) Each bag leak detection system must meet the specifications and
requirements in paragraphs (d)(1)(i) through (viii) of this section.
(i) The bag leak detection system must be certified by the
manufacturer to be capable of detecting PM emissions at concentrations
of 1 milligram per actual cubic meter (0.00044 grains per actual cubic
foot) or less.
(ii) The bag leak detection system sensor must provide output of
relative PM loadings. The owner or operator shall continuously record
the output from the bag leak detection system using electronic or other
means (e.g., using a strip chart recorder or a data logger.)
(iii) The bag leak detection system must be equipped with an alarm
system that will sound when the system detects an increase in relative
particulate loading over the alarm set point established according to
paragraph (d)(1)(iv) of this section, and the alarm must be located
such that it can be heard by the appropriate plant personnel.
(iv) In the initial adjustment of the bag leak detection system,
you must establish, at a minimum, the baseline output by adjusting the
sensitivity (range) and the averaging period of the device, the alarm
set points, and the alarm delay time.
(v) Following initial adjustment, you shall not adjust the
averaging period, alarm set point, or alarm delay time without approval
from the Administrator or delegated authority except as provided in
paragraph (d)(1)(vi) of this section.
(vi) Once per quarter, you may adjust the sensitivity of the bag
leak detection system to account for seasonal effects, including
temperature and humidity, according to the procedures identified in the
site-specific monitoring plan required by paragraph (d)(2) of this
section.
(vii) You must install the bag leak detection sensor downstream of
the baghouse and upstream of any wet scrubber.
(viii) Where multiple detectors are required, the system's
instrumentation and alarm may be shared among detectors.
(2) You must develop and submit to the Administrator or delegated
authority for approval a site-specific monitoring plan for each bag
leak detection system. You must operate and maintain the bag leak
detection system according to the site-specific monitoring plan at all
times. For each bag leak detection system that operates on the
triboelectric effect, the monitoring plan must be consistent with the
recommendations contained in the ``Fabric Filter Bag Leak Detection
Guidance'' (EPA-454/R-98-015) currently available at http://www.epa.gov/ttn.emc01/cem/tribo.pdf. Each monitoring plan must describe
the items in paragraphs (d)(2)(i) through (vi) of this section.
(i) Installation of the bag leak detection system;
(ii) Initial and periodic adjustment of the bag leak detection
system, including how the alarm set-point will be established;
(iii) Operation of the bag leak detection system, including quality
assurance procedures;
(iv) How the bag leak detection system will be maintained,
including a routine maintenance schedule and spare parts inventory
list;
(v) How the bag leak detection system output will be recorded and
stored; and
(vi) Corrective action procedures as specified in paragraph (d)(3)
of this section. In approving the site-specific monitoring plan, the
Administrator or delegated authority may allow owners and operators
more than 3 hours to alleviate a specific condition that causes an
alarm if the owner or operator identifies in the monitoring plan this
specific condition as one that could lead to an alarm, adequately
explains why it is not feasible to alleviate this condition within 3
hours of the time the alarm occurs, and demonstrates that the requested
time will ensure alleviation of this condition as expeditiously as
practicable.
(3) For each bag leak detection system, you must initiate
procedures to determine the cause of every alarm within 1 hour of the
alarm. Except as provided in paragraph (d)(2)(vi) of this section, you
must alleviate the cause of the alarm within 3 hours of the alarm by
taking whatever corrective action(s) are necessary. Corrective actions
may include, but are not limited to the following:
(i) Inspecting the baghouse for air leaks, torn or broken bags or
filter media, or any other condition that may cause an increase in
particulate emissions;
(ii) Sealing off defective bags or filter media;
(iii) Replacing defective bags or filter media or otherwise
repairing the control device;
(iv) Sealing off a defective baghouse compartment;
(v) Cleaning the bag leak detection system probe or otherwise
repairing the bag leak detection system; or
(vi) Shutting down the process producing the particulate emissions.
(4) You must maintain records of the information specified in
paragraphs
[[Page 59332]]
(d)(4)(i) through (iii) of this section for each bag leak detection
system.
(i) Records of the bag leak detection system output;
(ii) Records of bag leak detection system adjustments, including
the date and time of the adjustment, the initial bag leak detection
system settings, and the final bag leak detection system settings; and
(iii) The date and time of all bag leak detection system alarms,
the time that procedures to determine the cause of the alarm were
initiated, if procedures were initiated within 1 hour of the alarm, the
cause of the alarm, an explanation of the actions taken, the date and
time the cause of the alarm was alleviated, and if the alarm was
alleviated within 3 hours of the alarm.
(e) If there is a sintering machine at your primary zinc production
facility, you must comply with the PM emissions limit in 40 CFR
60.172(a) and the opacity emissions limit in 40 CFR 60.174(a) for that
sintering machine.
(f) If there is a sintering machine at your primary zinc production
facility, you must install and operate a COMS for each sintering
machine according to the requirements in 40 CFR 60.175(a). Each COMS
must meet EPA Performance Specification 1 (40 CFR part 60, appendix B).
(g) For each furnace (and sintering machine, if applicable) at your
facility, you must conduct a performance test to demonstrate initial
compliance with each applicable PM emissions limit for that furnace
(and the PM and opacity limits for a sintering machine, if applicable)
within 180 days after startup and report the results in your
notification of compliance status.
(1) You must conduct each PM test for a furnace according to Sec.
63.7(e)(1) using the test methods and procedures in paragraphs
(g)(1)(i) through (v) of this section.
(i) Method 1 or 1A (40 CFR part 60, appendix A) to select sampling
port locations and the number of traverse points in each stack or duct.
Sampling sites must be located at the outlet of the control device (or
at the outlet of the emissions source if no control device is present)
prior to any releases to the atmosphere.
(ii) Method 2, 2A, 2C, 2D, 2F, or 2G (40 CFR part 60, appendix A)
to determine the volumetric flow rate of the stack gas.
(iii) Method 3, 3A, or 3B (40 CFR part 60, appendix A) to determine
the dry molecular weight of the stack gas. You may use ANSI/ASME PTC
19.10-1981, ``Flue and Exhaust Gas Analyses (incorporated by reference-
see Sec. 63.14) as an alternative to EPA Method 3B.
(iv) Method 4 (40 CFR part 60, appendix A) to determine the
moisture content of the stack gas.
(v) Method 5 (40 CFR part 60, appendix A) to determine the PM
concentration for negative pressure baghouses or Method 5D (40 CFR part
60, appendix A) for positive pressure baghouses. A minimum of three
valid test runs are needed to comprise a PM performance test.
(2) You must conduct each PM test for a sintering machine according
to Sec. 63.7(e)(1) and 40 CFR 60.176(b)(1) using the test methods in
paragraph (g)(1) of this section. You must determine the PM
concentration using EPA Method 5 (40 CFR part 60, appendix A). You may
use ANSI/ASME PTC 19.10-1981, ``Flue and Exhaust Gas Analyses''
(incorporated by reference-see Sec. 63.14) as an alternative to EPA
Method 3B.
(3) You must conduct each opacity test for a sintering machine
according to the requirements in Sec. 63.6(h)(7). You must determine
the opacity of emissions using EPA Method 9 (40 CFR part 60, appendix
A).
(h) You must conduct subsequent performance tests according to the
requirements in paragraph (g)(1) of this section for each furnace
subject to an emissions limit in paragraph (b) of this section to
demonstrate compliance at least once every 5 years.
(i) If you use a control device other than a baghouse, you must
prepare and submit a monitoring plan to the Administrator for approval.
Each plan must contain the information in paragraphs (i)(1) through (5)
of this section.
(1) A description of the device;
(2) Test results collected in accordance with paragraph (g) of this
section verifying the performance of the device for reducing PM and
opacity to the levels required by this subpart;
(3) Operation and maintenance plan for the control device
(including a preventative maintenance schedule consistent with the
manufacturer's instructions for routine and long-term maintenance) and
continuous monitoring system;
(4) A list of operating parameters that will be monitored to
maintain continuous compliance with the applicable emission limits; and
(5) Operating parameter limits based on monitoring data collected
during the performance test.
63.11164 What General Provisions apply to primary zinc production
facilities?
(a) If you own or operate an existing affected source, you must
comply with the requirements of the General Provisions in 40 CFR part
63, subpart A, according to Table 1 to this subpart and paragraphs
(a)(1) through (3) of this section.
(1) Your notification of compliance status required by Sec.
63.9(h) must include this certification of compliance, signed by a
responsible official, for the work practice standards in Sec.
63.11162(a): ``This facility complies with the work practice standards
in Sec. 63.11162(a).''
(2) If you certify compliance with the PM emissions limits in Sec.
63.11162(b) based on a previous performance test, your notification of
compliance status required by Sec. 63.9(h) must include this
certification of compliance, signed by a responsible official: ``This
facility complies with the PM emissions limits in Sec. 63.11162(b)
based on a previous performance test.''
(3) If you conduct a new performance test to demonstrate compliance
with the PM emissions limits for a furnace in Sec. 63.11162(b), your
notification of compliance status required by Sec. 63.9(h) must
include the results of the performance test, including required
monitoring data.
(b) If you own or operate a new affected source, you must comply
with the requirements of the General Provisions (40 CFR part 63,
subpart A) as provided in Table 1 to this subpart and paragraphs (b)(1)
through (4) of this section.
(1) Your notification of compliance status required in Sec.
63.9(h) must include the results of the initial performance tests,
including required monitoring data.
(2) Your notification of compliance status required by Sec.
63.9(h) must include this certification of compliance, signed by a
responsible official, for the work practice standard in Sec.
63.11163(a): ``This facility complies with the work practice standards
in Sec. 63.11163(a).''
(3) Your notification of compliance status required by Sec.
63.9(h) must include this certification of compliance, signed by a
responsible official, for the capture system requirements in Sec.
63.11163(c): ``This facility has installed capture systems according to
Sec. 63.11163(c).''
(4) If you use a baghouse that is subject to the requirements in
Sec. 63.11163(d), your notification of compliance status required by
Sec. 63.9(h) must include this certification of compliance, signed by
a responsible official, for the bag leak detection system requirements
in Sec. 63.11163(d): ``This facility has an approved monitoring plan
in accordance with Sec. 63.11163(d).''
[[Page 59333]]
(5) If you use control devices other than baghouses, your
notification of compliance status required by Sec. 63.9(h) must
include this certification of compliance, signed by a responsible
official for the monitoring plan requirements in Sec. 63.11163(i):
``This facility has an approved monitoring plan in accordance with
Sec. 63.11163(i).''
Primary Beryllium Production Facilities
Sec. 63.11165 What are the standards and compliance requirements for
new and existing sources?
You must comply with the requirements in 40 CFR 61.32 through 40
CFR 61.34 of the National Emission Standards for Beryllium (40 CFR part
61, subpart C).
Sec. 63.11166 What General Provisions apply to primary beryllium
production facilities?
(a) You must comply with all of the requirements of the General
Provisions in 40 CFR part 61, subpart A.
(b) You must comply with the requirements of the General Provisions
in 40 CFR part 63, subpart A, that are specified in paragraphs (b)(1)
through (4) of this section.
(1) Section 63.1(a)(1) through (10).
(2) Section 63.1(b) except paragraph (b)(3), Sec. 63.1(c), and
Sec. 63.1(e).
(3) Section 63.5 (preconstruction review and notification
requirements) except for the references to Sec. 63.6 for compliance
procedures and the references to Sec. 63.9 for notification
procedures.
(4) Section 63.6(e)(3).
Other Requirements and Information
Sec. 63.11167 What definitions apply to this subpart?
Terms used in this subpart are defined in the CAA; 40 CFR 60.2;
60.171; 61.02; 61.31; 61.61; 63.2; and in this section as follows:
Alloy furnace means any furnace used to melt alloys or to produce
zinc that contains alloys.
Anode casting furnace means any furnace that melts materials to
produce the anodes used in the electrolytic process for the production
of zinc.
Bag leak detection system means a system that is capable of
continuously monitoring the relative particulate matter (dust) loadings
in the exhaust of a baghouse to detect bag leaks and other conditions
that result in increases in particulate loadings. A bag leak detection
system includes, but is not limited to, an instrument that operates on
triboelectric, electrodynamic, light scattering, light transmittance,
or other effect to continuously monitor relative particulate matter
loadings.
Cadmium melting furnace means any furnace used to melt cadmium or
produce cadmium oxide from the cadmium recovered in the zinc production
process.
Capture system means the collection of equipment used to capture
gases and fumes released from one or more emissions points and then
convey the captured gas stream to a control device. A capture system
may include, but is not limited to, the following components as
applicable to a given capture system design: duct intake devices,
hoods, enclosures, ductwork, dampers, manifolds, plenums, and fans.
Deviation means any instance in which an affected source subject to
this subpart, or an owner or operator of such a source:
(1) Fails to meet any requirement or obligation established by this
subpart, including but not limited to any emissions limitation or work
practice standard;
(2) Fails to meet any term or condition that is adopted to
implement an applicable requirement in this subpart and that is
included in the operating permit for any affected source required to
obtain such a permit; or
(3) Fails to meet any emissions limitation or work practice
standard in this subpart during startup, shutdown, or malfunction,
regardless of whether or not such failure is permitted by this subpart.
Primary beryllium production facility means any establishment
engaged in the chemical processing of beryllium ore to produce
beryllium metal, alloy, or oxide, or performing any of the intermediate
steps in these processes. A primary beryllium production facility may
also be known as an extraction plant.
Primary zinc production facility means an installation engaged in
the production, or any intermediate process in the production, of zinc
or zinc oxide from zinc sulfide ore concentrates through the use of
pyrometallurgical techniques.
Responsible official means responsible official as defined in 40
CFR 70.2.
Roaster means any facility in which a zinc sulfide ore concentrate
charge is heated in the presence of air to eliminate a significant
portion (more than 10 percent) of the sulfur contained in the charge.
Sintering machine means any furnace in which calcines are heated in
the presence of air to agglomerate the calcines into a hard porous mass
called sinter.
Sulfuric acid plant means any facility producing sulfuric acid from
the sulfur dioxide (SO2) in the gases from the roaster.
Work practice standard means any design, equipment, work practice,
or operational standard, or combination thereof.
Zinc cathode melting furnace means any furnace used to melt the
pure zinc from the electrolytic process.
Sec. 63.11168 Who implements and enforces this subpart?
(a) This subpart can be implemented and enforced by the U.S. EPA or
a delegated authority such as a State, local, or tribal agency. If the
U.S. EPA Administrator has delegated authority to a State, local, or
tribal agency, then that Agency has the authority to implement and
enforce this subpart. You should contact your U.S. EPA Regional Office
to find out if this subpart is delegated to your State, local, or
tribal agency.
(b) In delegating implementation and enforcement authority of this
subpart to a State, local, or tribal agency under 40 CFR part 63,
subpart E, the authorities contained in paragraphs (c) and (d) of this
section are retained by the Administrator of the U.S. EPA and are not
transferred to the State, local, or tribal agency.
(c) For primary zinc production facilities subject to this subpart,
the authorities that will not be delegated to State, local, or tribal
agencies are listed in paragraphs (c)(1) through (5) of this section.
(1) Approval of an alternative non-opacity emissions standard under
Sec. 63.6(g).
(2) Approval of an alternative opacity emissions standard under
Sec. 63.6(h)(9).
(3) Approval of a major change to test methods under Sec.
63.7(e)(2)(ii) and (f). A ``major change to test method'' is defined in
Sec. 63.90.
(4) Approval of a major change to monitoring under Sec. 63.8(f). A
``major change to monitoring'' is defined in Sec. 63.90.
(5) Approval of a major change to recordkeeping/reporting under
Sec. 63.10(f). A ``major change to recordkeeping/reporting'' is
defined in Sec. 63.90.
(d) For primary beryllium manufacturing facilities subject to this
subpart, the authorities that will not be delegated to State, local, or
tribal agencies are listed in paragraphs (d)(1) through (4) of this
section.
(1) Approval of an alternative non-opacity emissions standard under
40 CFR 61.12(d).
(2) Approval of a major change to test methods under 40 CFR
61.13(h). A ``major change to test method'' is defined in Sec. 63.90.
[[Page 59334]]
(3) Approval of a major change to monitoring under 40 CFR 61.14(g).
A ``major change to monitoring'' is defined in Sec. 63.90.
(4) Approval of a major change to recordkeeping/reporting under 40
CFR 61.10. A ``major change to recordkeeping/reporting'' is defined in
Sec. 63.90.
Tables to Subpart GGGGGG of Part 63
As required in Sec. 63.11164(a) and (b), you must comply with the
requirements of the NESHAP General Provisions (40 CFR part 63, subpart
A) as shown in the following table.
Table 1 to Subpart GGGGGG of Part 63.--Applicability of General Provisions to Primary Zinc Production Area
Sources
----------------------------------------------------------------------------------------------------------------
Applies to Subpart
Citation Subject GGGGGG Explanation
----------------------------------------------------------------------------------------------------------------
63.1(a)(1), (a)(2), (a)(3), (a)(4), Applicability........... Yes...................
(a)(6), (a)(10)-(a)(12), (b)(1),
(b)(3), (c)(1), (c)(2), (c)(5), (e).
63.1(a)(5), (a)(7)-(a)(9), (b)(2), Reserved................ No....................
(c)(3), (c)(4), (d).
63.2................................. Definitions............. Yes...................
63.3................................. Units and Abbreviations. Yes...................
63.4................................. Prohibited Activities Yes...................
and Circumvention.
63.5................................. Preconstruction Review No....................
and Notification
Requirements.
63.6(a), (b)(1)-(b)(5), (b)(7), Compliance with Yes...................
(c)(1), (c)(2), (c)(5), (e)(1), Standards and
(e)(3)(i), (e)(3)(iii)-(e)(3)(ix), Maintenance
(f), (g), (h)(1), (h)(2),(h)(5)- Requirements.
(h)(9), (i), (j).
63.6(b)(6), (c)(3), (c)(4), (d), Reserved................ No....................
(e)(2), (e)(3)(ii), (h)(3),
(h)(5)(iv).
63.7(a), (e), (f), (g), (h).......... Performance Testing Yes...................
Requirements.
63.7(b), (c)......................... Yes/No................ Notification of
performance tests and
quality assurance
program apply to new
sources but not
existing sources.
63.8(a)(1), (a)(2), (b), (c), (f), Monitoring Requirements. Yes................... Requirements in Sec.
(g). 63.6(c)(4)(i)-(ii),
(c)(5), (c)(6), (d),
(e), (f)(6), and (g)
apply if a COMS is
used.
63.8(a)(3)........................... Reserved................ No....................
63.8(a)(4)........................... No.................... Subpart GGGGGG does not
require flares.
63.8(d), (e)......................... Yes/No................ Requirements for
quality control
program and
performance
evaluations apply to
new sources but not
existing sources.
63.9(a), (b)(1), (b)(2), (b)(5), (c), Notification Yes/No................ Notification of
(d), (f), (g), (h)(1)-(h)(3), Requirements. performance tests and
(h)(5), (h)(6), (i), (j). opacity or visible
emissions observations
apply to new sources
but not existing
sources.
63.9(b)(3), (h)(4)................... Reserved................ No....................
63.9(b)(4)........................... No....................
63.10(a), (b)(1), (b)(2)(i)-(v), Recordkeeping and Yes...................
(d)(4), (d)(5)(i), (f). Reporting Requirements.
63.10(b)(2), (b)(3), (c)(1), (c)(5)- Yes/No................ Recordkeeping and
(c)(8), (c)(10)-(c)(15), (d)(1)- reporting requirements
(d)(3), (d)(5)(ii), (e)(1), (e)(2), apply to new sources
(e)(4). but not existing
sources.
63.10(c)(2)-(c)(4), (c)(9)........... Reserved................ No....................
63.10(e)(3).......................... Yes/No................ Reporting requirements
apply to new sources
but not existing
sources
63.11................................ Control Device No.................... Subpart GGGGGG does not
Requirements. require flares.
63.12................................ State Authorities and Yes...................
Delegations.
63.13................................ Addresses............... Yes...................
63.14................................ Incorporations by Yes...................
Reference.
63.15................................ Availability of Yes...................
Information and
Confidentiality.
63.16................................ Performance Track Yes...................
Provisions.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 06-8434 Filed 10-5-06; 8:45 am]
BILLING CODE 6560-50-P