[Federal Register Volume 71, Number 29 (Monday, February 13, 2006)]
[Rules and Regulations]
[Pages 7415-7441]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-1218]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[OAR-2002-0088, FRL-8008-2]
RIN 2060-AM90
National Emission Standards for Hazardous Air Pollutants for
Refractory Products Manufacturing
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule; amendments.
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SUMMARY: The EPA is taking direct final action on amendments to the
national emission standards for hazardous air pollutants (NESHAP) for
new and existing refractory products manufacturing facilities, which
were promulgated on April 16, 2003, under section 112(d) of the Clean
Air Act (CAA). The amendments clarify the testing and monitoring
requirements and startup and shutdown requirements for batch processes,
make certain technical corrections, and add recent changes to be
consistent with the NESHAP General Provisions.
DATES: The direct final rule is effective on April 14, 2006 without
further notice, unless adverse comments are received by March 15, 2006
or by March 30, 2006 if a public hearing is requested. If we receive
such comment, we will publish a timely withdrawal in the Federal
Register indicating which amendments will become effective and which
amendments are being withdrawn due to adverse comment.
ADDRESSES: Submit your comments, identified by Docket ID No. OAR-2002-
0088, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Agency Web site: http://www.epa.gov/edocket. EDOCKET,
EPA's electronic public docket and comment
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system, is EPA's preferred method for receiving comments. Follow the
on-line instructions for submitting comments.
E-mail: [email protected] and
[email protected].
Fax: (202) 566-1741 and (919) 541-5600.
Mail: U.S. Postal Service, send comments to: EPA Docket
Center (6102T), Attn: Docket ID No. OAR-2002-0088, 1200 Pennsylvania
Ave., NW., Washington, DC 20460. Please include a total of two copies.
Hand Delivery: In person or by courier, deliver comments
to: EPA Docket Center (6102T), Attention Docket ID No. OAR-2002-0088,
1301 Constitution Avenue, NW., Room B-108, Washington, DC 20004. Such
deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information. Please include a total of two copies.
Instructions: Direct your comments to Docket ID No. OAR-2002-0088.
The 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.epa.gov/edkpub/index.jsp, 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 EDOCKET,
regulations.gov, or e-mail. Send or deliver information identified as
CBI only to the following address: Mr. Roberto Morales, OAQPS Document
Control Officer, EPA (C404-02), Attention Docket ID No. OAR-2002-0088,
Research Triangle Park, NC 27711. Clearly mark the part or all of the
information that you claim to be CBI. The EPA EDOCKET and the Federal
regulations.gov websites are ``anonymous access'' systems, 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 EDOCKET or 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. For additional
information about EPA's public docket visit EDOCKET on-line or see the
Federal Register of May 31, 2002 (67 FR 38102).
Docket: All documents in the docket are listed in the EDOCKET index
at http://www.epa.gov/edkpub/index.jsp. Although listed in the index,
some information is not publicly available, i.e., 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 in
EDOCKET or in hard copy form at the EPA Docket Center, Docket ID No.
OAR-2002-0088, EPA West Building, Room B-102, 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 EPA Docket Center is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: For further information contact Susan
Fairchild, EPA, Office of Air Quality Planning and Standards, Emission
Standards Division, Minerals and Inorganic Chemicals Group (C504-05),
Research Triangle Park, NC 27711; telephone number (919) 541-5167; fax
number (919) 541-5600; e-mail address: [email protected].
SUPPLEMENTARY INFORMATION:
Regulated Entities. Categories and entities potentially regulated
by this action include those listed in the following table:
Table 1.--Regulated Entities Table
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Category NAICS* Examples of regulated entities
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Industrial..................... 327124 Clay refractories manufacturing plants.
Industrial..................... 327125 Nonclay refractories manufacturing plants.
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*North American Industry Classification System
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. To determine whether your facility is regulated by this action,
you should examine the applicability criteria in 40 CFR 63.9782 of the
Refractory Products Manufacturing NESHAP. If you have any questions
regarding the applicability of this action to a particular entity,
consult the person listed in the preceding FOR FURTHER INFORMATION
CONTACT section.
Worldwide Web (WWW). In addition to being available in the docket,
an electronic copy of today's document will also be available on the
WWW. Following the Administrator's signature, a copy of this action
will be posted at http://www.epa.gov/ttn/oarpg on EPA's Technology
Transfer Network (TTN) policy and guidance page for newly proposed or
promulgated rules. The TTN provides information and technology exchange
in various areas of air pollution control.
Comments. We are publishing the direct final rule without prior
proposal because we view the amendments as noncontroversial and do not
anticipate adverse comments because the amendments clarify several of
the requirements of the NESHAP, bring the NESHAP into consistency with
the General Provisions to 40 CFR part 63, and make technical
corrections to the NESHAP. However, in the Proposed Rules section of
this Federal Register, we are publishing a separate document that will
serve as the proposal to amend the NESHAP for refractory products
manufacturing facilities if adverse comments are filed. If we receive
adverse comment on one or more distinct amendments, we will publish a
timely withdrawal in the Federal Register informing the public which
amendments will become effective, and which amendments are being
withdrawn due to adverse comment. We will address all public comments
on withdrawn amendments in a subsequent final rule. We will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time.
[[Page 7417]]
Judicial Review. Under section 307(b)(1) of the CAA, judicial
review of the direct final rule amendments is available only by filing
a petition for review in the United States Court of Appeals for the
District of Columbia Circuit by April 14, 2006. Under section
307(d)(7)(B) of the CAA, only an objection to the direct final rule
which was raised with reasonable specificity during the period for
public comment can be raised during judicial review. Moreover, under
section 307(b)(2) of the CAA, the requirements established by the
direct final rule may not be challenged separately in any civil or
criminal proceedings brought by EPA to enforce these requirements.
Outline. The information presented in this preamble is organized as
follows:
I. Background
II. Amendments to 40 CFR Part 63, Subpart SSSSS
A. Emission Testing
B. Control Device Operation
C. Operating Limits
D. Monitoring
E. Other Changes
III. 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 Risks and Safety Risks
H. Executive Order 13211, Actions That Significantly Affect
Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act
J. Congressional Review Act
I. Background
The EPA promulgated the NESHAP for new and existing refractory
products manufacturing facilities on April 16, 2003 (68 FR 18730) as 40
CFR part 63, subpart SSSSS. Shortly after promulgation of the
Refractory Products Manufacturing NESHAP, EPA also promulgated
amendments to the General Provisions to 40 CFR part 63 (68 FR 32586,
May 30, 2003). After reviewing the final amendments to the General
Provisions and comparing those to the Refractory Products Manufacturing
NESHAP, we discovered discrepancies between sections of the General
Provisions as cited in the NESHAP and the newly amended sections of the
General Provisions. We also identified minor technical errors and other
specific sections of the Refractory Products Manufacturing NESHAP that
needed clarification. Today's action includes amendments to the
Refractory Products Manufacturing NESHAP that clarify the requirements
for testing, control device operation, operating limits, and
monitoring.
II. Amendments to 40 CFR Part 63, Subpart SSSSS
A. Emission Testing
The Refractory Products Manufacturing NESHAP specify several
requirements that pertain to the testing of batch process sources.
Because emissions of hazardous air pollutants (HAP) from a batch
process source can vary significantly over the course of a batch cycle,
the NESHAP specify emission limits in terms of the peak emissions
period. In today's action, we are revising the definition of the peak
emissions period in terms of the applicable emission limits to include
separate definitions for the 3-hour peak total hydrocarbons (THC) mass
emissions period, which applies to batch process sources that comply
with the THC percentage reduction limit; the 3-hour peak THC emissions
concentration period, which applies to batch sources that satisfy the
THC emission concentration limit; and the 3-hour peak hydrogen fluoride
(HF) mass emissions period, which pertains to the emission limits for
batch process clay refractory products kilns. All references to the
peak emissions period in the tables to 40 CFR part 63, subpart SSSSS,
have been revised for consistency.
The NESHAP include provisions to allow the owner or operator of an
affected batch process source to develop an emissions profile and use
the profile to limit emissions testing to the peak emissions period. In
today's action, we are amending 40 CFR 63.9802 to clarify that
emissions profiles for sources subject to the THC emission limits must
be developed using data collected at the maximum organic HAP processing
rate. This amendment also clarifies that a new emissions profile must
be developed if a facility wants to use an emissions profile to limit
testing to the peak emissions period at a process, but increases its
maximum organic HAP processing rate at that process. In addition, we
are amending 40 CFR 63.9802 to clarify that emissions profiles for
batch process clay refractory kilns must be developed using data from
when the kiln is processing the clay refractory product with the
highest uncalcined clay processing rate.
We are amending 40 CRF 63.9798(a) to eliminate the reference to
permit renewal, and stating that subsequent performance tests must be
conducted at least every 5 years. Item 1(b)(i)(1) of Table 4 to Subpart
SSSSS of Part 63 is amended to clarify that a sampling port is also
required at the control device inlet if the owner or operator plans to
develop an emissions profile or use the provision for reducing the
operating temperature of a thermal or catalytic oxidizer on an affected
batch process source. In both cases, sampling is required at the
control device inlet. Item 8(a)(i)(5) of Table 4 to Subpart SSSSS of
Part 63 is amended to specify the THC concentration in terms of the
outlet of the control device. We also made other minor changes to this
provision in Table 4 to simplify the wording.
Item 13 of Table 4 to Subpart SSSSS of Part 63 is amended to
eliminate the reference to the THC percentage reduction limit. We have
clarified that regardless of which THC emission limit applies to a
specific source, the owner or operator of the source must measure not
only the THC concentration, but also the oxygen concentration at the
control device inlet for at least the 1-hour period that immediately
follows the temperature reduction. This measurement is necessary for
demonstrating that the source is meeting the limit of 20 parts per
million dry volume (ppmvd) THC, corrected to 18 percent oxygen, after
the oxidizer temperature has been reduced.
Item 13.a.5 of Table 4 to Subpart SSSSS of Part 63 is amended to
clarify that only the THC emissions concentration limit applies
following any reduction in the oxidizer temperature. We received
comment on the proposed rule (67 FR 42108, June 20, 2002) requesting a
second emission limit be allowed for sources wanting to meet a
percentage reduction limit rather than an emission concentration limit.
The commenter believed that since EPA had promulgated percentage
reduction limits for other MACT standards to reduce emissions of THC,
and since air pollution control devices are usually rated and installed
with a minimum percent reduction achieved by the devices, that emission
limit would be simpler to meet. At promulgation of the final rule (68
FR 18730, April 16, 2003), we changed the rule to allow regulated
sources to meet either the percentage reduction limit or the
concentration limit.
In the final rule, we allowed the choice between either the
percentage reduction limit or the concentration limit, but required
owners and operators to meet the selected emission limit during all
times of operation. We also allowed owners and operators the option to
turn off the control device when it was no longer needed. However, for
those owners or operators
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meeting the percentage reduction compliance option, it is not possible
to meet that limit if the control device is not in operation. We
believe that conserving energy is a beneficial option for all owners
and operators, and regardless of the compliance option selected, all
should have the opportunity to benefit from turning off the control
device when it is no longer needed. Thus, we are clarifying that
whether an owner or operator shows compliance with the percentage
reduction limit or the concentration limit, compliance with the rule
for a unit with a control device no longer in operation may only be
demonstrated by meeting the concentration limit; that is, when the THC
emissions are below 20 ppmvd corrected to 18 percent oxygen from the
heated process unit. Owners and operators in this case may choose to
meet the percentage reduction limit before turning off the control
device and may show compliance with the concentration limit after
turning off the control device.
Item 14(a)(i)(1) of Table 4 to Subpart SSSSS of Part 63 is amended
to specify that the performance tests must be performed while
processing the clay refractory product with the highest uncalcined clay
processing rate.
B. Control Device Operation
Refractory products manufacturing plants typically produce a wide
range of products, some of which may contain organic HAP binders or
additives, while other products may contain only inorganic binders or
additives that do not contain or form HAP. Many plants do not have
dedicated thermal process units (e.g., dryers and kilns) for each type
of product they manufacture and instead, use the same process units to
manufacture products that emit HAP and products that do not contain or
emit HAP. Recognizing this situation, we are amending 40 CFR 63.9792 of
the NESHAP to clarify that control devices used to comply with the
emission limits established by 40 CFR part 63, subpart SSSSS, do not
have to be operated when an otherwise affected process unit is
processing products that do not contain or release HAP. This amendment
applies to sources subject to the THC emission limits as well as the
emission limits for HF and hydrogen chloride (also known as
hydrochloric acid).
Table 3 to Subpart SSSSS of Part 63, which specifies work practice
standards, includes several options for controlling emissions of
polycyclic organic matter from shape preheaters and pitch working tanks
used in the manufacture of pitch-impregnated refractory products.
Options include exhausting the affected source to a thermal or
catalytic oxidizer that is comparable to a thermal or catalytic
oxidizer that is used to meet the emission limits for an affected
defumer or coking oven. To clarify what is meant by a ``comparable''
thermal or catalytic oxidizer, we are amending 40 CFR 63.9824 to
include a definition of ``comparable control device.''
C. Operating Limits
The Refractory Products Manufacturing NESHAP refer to the operating
limit as the ``maximum allowable organic HAP processing rate.'' We are
amending the definition of maximum organic HAP processing rate in 40
CFR 63.9824 to distinguish between the operating limit and the actual
processing rate measured during the performance test.
The Refractory Products Manufacturing NESHAP include several
operating limits for clay refractory products kilns that are controlled
by dry limestone adsorbers (DLA). We are amending the NESHAP to
eliminate the operating limits of maintaining free-flowing limestone
throughout the DLA because the term ``free-flowing'' may not be
appropriate for the grade of limestone used in DLA. The remaining
operating limits specified for DLA in the NESHAP are adequate for
ensuring compliance with the emission limits for clay refractory
products kilns.
As specified in Table 2 (Requirements for Establishing Operating
Limits) of the rule, Subpart SSSSS of Part 63, owners and operators of
certain thermal process sources of organic HAP are required to
establish an operating limit for the maximum organic HAP processing
rate. The organic HAP processing rate is a function of the amount of
organic HAP in the raw materials and the amounts of those raw materials
in the refractory product formulation. Because there are minor
variations in the content of organic HAP in a specific binder or
additive, the operating limit for the maximum organic HAP processing
rate can inadvertently be exceeded without changing the product
formulation. In today's action, we are amending the procedure for
establishing the operating limit and clarifying that minor exceedances
of the maximum organic HAP processing rate established during the
performance test are not violations of the operating limit.
Specifically, we are amending items 3(b) and 8(b) of Table 4
(Requirements for Performance Tests) to Subpart SSSSS of Part 63 to be
consistent with the requirements in Table 2 that reflect a 10 percent
allowance when calculating the operating limit.
Today's action amends the procedures for determining minimum
temperature operating limits for thermal and catalytic oxidizers that
are used to control emissions from certain batch process sources of
organic HAP as they pertain to sources that comply with the provisions
for reducing the operating temperature of a thermal or catalytic
oxidizer.
We are also amending subpart SSSSS to clarify that owners or
operators of batch process sources controlled with thermal or catalytic
oxidizers must measure the oxidizer operating temperature throughout
each entire test run.
D. Monitoring
The Refractory Products Manufacturing NESHAP require THC continuous
emission monitoring systems on thermal process sources of organic HAP
that use process changes or control devices other than thermal or
catalytic oxidizers to meet the THC emission limits. We are amending 40
CFR 63.9800(i)(1) by adding a reference to sources that use process
changes to meet the emission limits.
We are also amending 40 CFR 63.9800(i) to state that such sources
must maintain the 3-hour block average THC concentration at or below 20
ppmvd, corrected to 18 percent oxygen.
Today's action amends the definition of ``deviation'' in 40 CFR
63.9824 to include failure to provide adequate continuous monitoring
systems (CMS) data for demonstrating compliance with any emission limit
or other requirement. In addition, we are amending the requirement that
the owner or operator of an affected source that is required to use a
CMS to meet an operating limit must report any deviations from those
operating limits.
E. Other Changes
We are amending the Refractory Products Manufacturing NESHAP to
include definitions for Shutdown and Startup to preclude unnecessary
reporting of batch process source operation.
III. Statutory and Executive Order Reviews
A. Executive Order 12866, Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), EPA
must determine whether the regulatory action is ``significant'' and,
therefore, subject to review by the Office of Management and Budget
(OMB) and the requirements of the Executive Order. The Executive Order
defines ``significant regulatory
[[Page 7419]]
action'' as one that is likely to result in a rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs, or the rights and obligation of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
Pursuant to the terms of Executive Order 12866, it has been
determined that this rule is a ``significant regulatory action''
because it raises novel legal or policy issues arising out of legal
mandates. As such, this action was submitted to OMB for review. Changes
made in response to OMB suggestions or recommendations will be
documented in the public record.
B. Paperwork Reduction Act
This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501, et seq.
The OMB approved the information collection requests for the NESHAP for
refractory products manufacturing pursuant to the provisions of the
Paperwork Reduction Act, 44 U.S.C. 3501, et seq. The OMB assigned OMB
control number 2060-0515 (EPA ICR No. 2040.02) to these information
collection requests (ICR). A copy of the ICR may be obtained from Susan
Auby by mail at the Office of Environmental Information, Collection
Strategies Division (2822T), EPA, 1200 Pennsylvania Ave., NW,
Washington, DC 20460; by e-mail at [email protected]; or by calling
(202) 566-1672. You may also download a copy off the Internet at http://www.epa.gov/icr.
Today's action makes clarifying changes to the NESHAP for
refractory products manufacturing and imposes no new information
collection requirements on the industry. Because there is no additional
burden on the industry as a result of the direct final rule amendments,
the ICR has not been revised.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or 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 current
valid OMB control number. The OMB control numbers for EPA's regulations
are listed in 40 CFR part 9.
C. Regulatory Flexibility Act
EPA has determined that it is not necessary to prepare a regulatory
flexibility analysis in connection with this final rule.
For purposes of assessing the impacts of today's rule on small
entities, small entity is defined as: (1) A small business as defined
by the Small Business Administrations' regulations at 13 CFR 121.201;
(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 today's direct final rule
amendments on small entities, EPA has concluded that this action will
not have a significant economic impact on a substantial number of small
entities. This action includes minor corrections and clarifications to
the Refractory Products Manufacturing NESHAP that do not add any
additional requirements.
Although the direct final rule amendments will not have a
significant economic impact on a substantial number of small entities,
EPA nonetheless has tried to reduce the impact of the direct final rule
amendments on small entities. The EPA has limited the amendments to
changes that clarify ambiguities of the Refractory Products
Manufacturing NESHAP, correct citations to the General Provisions, and
clarify the complex batch testing requirements of the Refractory
Products Manufacturing NESHAP. The EPA believes that the amendments
will simplify the NESHAP and will not add additional burden to
regulated entities.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law No. 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 by 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's regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
The EPA has determined that today's direct final rule amendments 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 1 year, nor do the direct final
rule amendments significantly or uniquely impact small governments
because there are no requirements that apply to such governments or
impose obligations upon them. Thus, today's direct final rule
amendments are not subject to the
[[Page 7420]]
requirements of sections 202 and 205 of the UMRA.
E. Executive Order 13132, Federalism
Executive Order 13132, entitled ``Federalism'' (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'' is 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 direct final rule amendments do not have federalism
implications. They will 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.
None of the affected facilities are owned or operated by State or local
governments, and the direct final rule amendments will not supercede
State regulations that are more stringent. Thus, Executive Order 13132
does not apply to the direct final rule amendments.
F. Executive Order 13175, Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 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 direct final rule
amendments do not have tribal implications, as specified in Executive
Order 13175. They will 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. No tribal governments own or operate refractory
products manufacturing facilities. Thus, Executive Order 13175 does not
apply to the direct final rule amendments.
G. Executive Order 13045, Protection of Children From Environmental
Health Risks 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, the Agency must evaluate the environmental health or
safety effects of the planned rule on children, and explain why the
planned rule is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
The 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. Today's direct final rule
amendments are not subject to Executive Order 13045 because they are
based on technology performance and not on health or safety risks. In
addition, the direct final rule amendments have been determined not to
be ``economically significant'' as defined under Executive Order 12866.
H. Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This rule is not a ``significant regulatory action'' as defined in
Executive Order 13211 (66 FR 28355, May 22, 2001) because it is not
likely to have a significant adverse effect on the supply,
distribution, or use of energy. We have concluded that the direct final
rule amendments are not likely to have any adverse energy effects.
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) of 1995, Public Law No. 104-113; 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 the OMB,
explanations when the Agency decides not to use available and
applicable VCS.
The direct final rule amendments implement clarifications and
corrections to the NESHAP for refractory product manufacturing, but do
not change any technical standards. Therefore, EPA did not consider the
use of any VCS.
J. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801, et seq., as added by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. The EPA will submit a report containing
the direct final rule amendments and other required information to the
United States Senate, the United States House of Representatives, and
the Comptroller General of the United States prior to publication of
the direct final rule amendments in the Federal Register. A major rule
cannot take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2). The direct final rule amendments are effective on April 14,
2006.
List of Subjects in 40 CFR Part 63
Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous substances, Intergovernmental
relations, Reporting and recordkeeping requirements.
Dated: December 7, 2005.
Stephen L. Johnson,
Administrator.
0
For the reasons stated in the preamble, title 40, chapter I, part 63 of
the Code of Federal Regulations is amended as follows:
PART 63--[AMENDED]
0
1. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
Subpart SSSSS--[Amended]
0
2. Section 63.9792 is amended as follows:
0
a. Revising paragraph (b);
0
b. Redesignating paragraph (f) as paragraph (g); and
0
c. Adding a new paragraph (f).
Sec. 63.9792 What are my general requirements for complying with this
subpart?
* * * * *
(b) Except as specified in paragraphs (e) and (f) of this section,
you must
[[Page 7421]]
always operate and maintain your affected source, including air
pollution control and monitoring equipment, according to the provisions
in Sec. 63.6(e)(1)(i). During the period between the compliance date
specified for your affected source in Sec. 63.9786 and the date upon
which continuous monitoring systems have been installed and validated
and any applicable operating limits have been established, you must
maintain a log detailing the operation and maintenance of the process
and emissions control equipment.
* * * * *
(f) For any affected source that is subject to any of the emission
limits specified in Table 1 to this subpart, you do not have to operate
the control device on that affected source under the conditions
specified in paragraphs (f)(1) and (2) of this section.
(1) For any source that is subject to the THC emissions
concentration limit or the THC percentage reduction limit, you do not
have to operate the control device on that source when none of the
refractory products that are being processed by that source contain or
form an organic HAP.
(2) For any new clay refractory products kiln that is subject to
the production-based mass emission limits or the percentage reduction
limits for hydrogen flouride (HF) and hydrogen chloride (HCl), you do
not have to operate the control device on that kiln when none of the
refractory products that are being processed by that kiln are clay
refractory products, as defined in Sec. 63.9824.
* * * * *
0
3. Section 63.9798 is amended as follows:
0
a. Revising paragraph (a);
0
b. Revising paragraph (c) introductory text; and
0
c. Revising paragraphs (c)(2) and (d).
Sec. 63.9798 When must I conduct subsequent performance tests?
(a) You must conduct a performance test at least every 5 years
following the initial performance test.
* * * * *
(c) If you own or operate a source that is subject to the emission
limits specified in items 2 through 9 of Table 1 to this subpart, you
must conduct a performance test on the source(s) listed in paragraphs
(c)(1) and (2) of this section before you start production of any
refractory product for which the organic HAP processing rate is likely
to exceed the maximum allowable organic HAP processing rate, as defined
in items 3(b) and 8(b) of Table 4 to this subpart, established during
the most recent performance test on that same source.
* * * * *
(2) Each affected kiln that follows an affected shape dryer or
curing oven in the same process line and is used to process the
refractory product with the higher organic HAP processing rate.
(d) If you own or operate a kiln that is subject to the emission
limits specified in item 5 or 9 of Table 1 to this subpart, you must
conduct a performance test on the affected kiln following any process
changes that are likely to increase organic HAP emissions from the kiln
(e.g., a decrease in the curing cycle time for a curing oven that
precedes the affected kiln in the same process line).
* * * * *
0
4. Section 63.9800 is amended as follows:
0
a. Revising paragraph (g)(1);
0
b. Revising paragraph (g)(3);
0
c. Revising paragraph (i)(1) introductory text; and
0
d. Adding paragraphs (i)(1)(iv) to (vi).
Sec. 63.9800 How do I conduct performance tests and establish
operating limits?
* * * * *
(g) * * *
(1) To determine compliance with the total hydrocarbon (THC)
emission concentration limit listed in Table 1 to this subpart, you
must calculate your emission concentration corrected to 18 percent
oxygen for each test run using Equation 1 of this section:
[GRAPHIC] [TIFF OMITTED] TR13FE06.000
Where:
CTHCC = THC concentration, corrected to 18 percent oxygen,
parts per million by volume, dry basis (ppmvd)
CTHC = THC concentration (uncorrected), ppmvd
CO2 = Oxygen concentration, percent
* * * * *
(3) To determine compliance with production-based HF and HCl
emission limits in Table 1 to this subpart, you must calculate your
mass emissions per unit of uncalcined clay processed for each test run
using Equation 3 of this section:
[GRAPHIC] [TIFF OMITTED] TR13FE06.001
Where:
MP = mass emissions of specific HAP (HF or HCl) per unit of production,
kilograms of pollutant per megagram (pounds per ton) of uncalcined clay
processed
ER = mass emissions rate of specific HAP (HF or HCl) during each
performance test run, kilograms (pounds) per hour
P = average uncalcined clay processing rate for the performance test,
megagrams (tons) of uncalcined clay processed per hour
* * * * *
(i) * * *
(1) For sources subject to the THC concentration limit specified in
item 3, 4, 7, or 8 of Table 1 to this subpart, you must satisfy the
requirements specified in paragraphs (i)(1)(i) through (vi) of this
section.
* * * * *
(iv) You must meet the data reduction requirements specified in
Sec. 63.8(g).
(v) You must maintain the 3-hour block average THC concentration at
or below 20 ppmvd, corrected to 18 percent oxygen.
(vi) To calculate the oxygen correction specified in paragraph
(i)(1)(v) of this section, you may use oxygen concentration
measurements concurrent with THC concentration measurements, the
average oxygen concentration measured during the most recent
performance test on the affected source, or other oxygen concentration
measurements that are representative of normal operation for the
affected source.
* * * * *
0
5. Section 63.9802 is revised to read as follows:
Sec. 63.9802 How do I develop an emissions profile?
(a) If you decide to develop an emissions profile for an affected
batch process source, as indicated in item 8(a)(i)(4) or 17(b)(i)(4) of
Table 4 to this subpart, you must measure and record mass emissions of
the applicable pollutant throughout a complete batch cycle of the
affected batch process source according to the procedures described in
paragraph (a)(1) or (2) of this section.
(1) If your affected batch process source is subject to the THC
concentration limit specified in item 6(a), 7(a), 8, or 9 of Table 1 to
this subpart or the THC percentage reduction limit specified in item
6(b) or 7(b) of Table 1 to this subpart, you must measure and record
the THC mass emissions rate at the inlet to the control device using
the test methods, averaging periods, and procedures specified in items
10(a) and (b) of Table 4 to this subpart for each complete hour of the
batch process cycle and while the source is processing the product with
the maximum organic HAP processing rate.
[[Page 7422]]
(2) If your affected batch process source is subject to the HF and
HCl percentage reduction emission limits in item 11 of Table 1 to this
subpart, you must measure and record the HF mass emissions rate at the
inlet to the control device through a series of 1-hour test runs using
one of the test methods specified in item 14(a) of Table 4 to this
subpart for each complete hour of the batch process cycle and while the
source is processing the product with the highest uncalcined clay
processing rate.
(b) You must develop a new emissions profile if you meet all of the
conditions specified in paragraphs (b)(1) through (3) of this section.
(1) You own or operate a batch process source that is subject to
the emission limits specified in item 6(a), 6(b), 7(a), 7(b), 8, or 9
of Table 1 to this subpart.
(2) You use an emissions profile to limit emission testing to the
3-hour peak emissions period.
(3) You begin manufacturing a new refractory product for which the
organic HAP processing rate is likely to exceed the maximum allowable
organic HAP processing rate established during the most recent
performance test on that same source.
0
6. Section 63.9812 is amended by revising paragraphs (b) and (c) to
read as follows:
Sec. 63.9812 What notifications must I submit and when?
* * * * *
(b) As specified in Sec. 63.9(b)(2), if you start up your affected
source before April 16, 2003, you must submit an Initial Notification
not later than 120 calendar days after April 16, 2003.
(c) As specified in Sec. 63.9(b)(2), if you start up your new or
reconstructed affected source on or after April 16, 2003, you must
submit an Initial Notification not later than 120 calendar days after
you become subject to this subpart.
* * * * *
0
7. Section 63.9816 is amended by revising paragraph (c)(9) to read as
follows:
Sec. 63.9816 What records must I keep?
* * * * *
(c) * * *
(9) If you operate a source that is subject to the THC emission
limits specified in item 2 or 6 of Table 1 to this subpart and is
controlled with a catalytic oxidizer, records of annual checks of
catalyst activity levels and subsequent corrective actions.
* * * * *
0
8. Section 63.9824 is amended as follows:
0
a. Revising paragraph (3) and adding paragraph (4) to the definition of
Deviation;
0
b. Revising the definitions of Maximum organic HAP processing rate and
Peak emissions period; and
0
c. Adding the definitions of Comparable control device, Shutdown, and
Startup.
Sec. 63.9824 What definitions apply to this subpart?
* * * * *
Comparable control device means, subject to paragraphs (1), (2),
and (3) of this definition, a control device with design and operating
parameters that are comparable to the reference control device.
(1) For a thermal oxidizer, a comparable control device is either:
(i) A thermal oxidizer with a residence time at least as long as,
and a combustion chamber operating temperature at least as high as the
reference thermal oxidizer; or
(ii) A control device that has been demonstrated to control
emissions to a level that is comparable to or better than the level of
emissions control achieved by the reference thermal oxidizer.
(2) For a catalytic oxidizer, a comparable control device is
either:
(i) A catalytic oxidizer with a space velocity no greater than, and
a catalyst bed inlet temperature at least as high as the reference
catalytic oxidizer; or
(ii) A control device that has been demonstrated to control
emissions to a level that is comparable to or better than the level of
emissions control achieved by the reference catalytic oxidizer.
(3) For other control devices, a comparable control device is one
that has been demonstrated either through engineering calculations or
emission testing to control emissions to a level that is comparable to
or better than the level of control achieved by the reference control
device.
* * * * *
Deviation * * *.
(3) Fails to meet any emission limitation (emission limit,
operating limit, or work practice standard) in this subpart during
startup, shutdown, or malfunction, regardless of whether or not such
failure is permitted by this subpart; or
(4) Fails to provide adequate monitoring data for demonstrating
compliance with any emission limitation (emission limit, operating
limit, or work practice standard) or other applicable requirement
established by this subpart due to a malfunction or failure of any CMS
required by this subpart.
* * * * *
Maximum organic HAP processing rate means the maximum rate at which
the mass of organic HAP materials in refractory shapes are processed in
an affected process unit. (See also the definition of organic HAP
processing rate.)
* * * * *
Peak emissions period means the period of consecutive hourly
average emissions of the applicable pollutant that is greater than any
other period of consecutive hourly average emissions for the same
pollutant over the course of a specified batch process cycle, as
defined in paragraphs (1) through (3) of this definition. The peak
emissions period is a function of the rate at which the temperature of
the refractory shapes is increased, the mass and loading configuration
of the shapes in the process unit, the constituents of the refractory
mix, and the type of pollutants emitted.
(1) The 3-hour peak THC mass emissions period is the period of 3
consecutive hours over which the sum of the uncontrolled hourly THC
mass emissions rates is greater than the sum of the uncontrolled hourly
THC mass emissions rates for any other period of 3 consecutive hours
during the same batch process cycle.
(2) The 3-hour peak THC emissions concentration period is the
period of 3 consecutive hours over which the sum of the THC
concentrations, corrected to 18 percent oxygen, is greater than the sum
of the THC concentrations at the same sampling location, corrected to
18 percent oxygen, for any other period of 3 consecutive hours during
the same batch process cycle.
(3) The 3-hour peak HF mass emissions period is the period of 3
consecutive hours over which the sum of the uncontrolled hourly HF mass
emissions rates is greater than the sum of the uncontrolled hourly HF
mass emissions rates for any other period of 3 consecutive hours during
the same batch process cycle.
* * * * *
Shutdown means the cessation of operation of an affected source.
For an affected batch process source, shutdown means the cessation of
operation during a batch cycle. Shutdown does not include normal
periods between batch cycles when the batch process source is not in
operation.
Startup means the setting into operation of an affected source. For
an affected batch process source, startup means the initial startup of
the source
[[Page 7423]]
or the startup of the source following maintenance, replacement of
equipment, or equipment repairs. Startup does not include routine
recharging of a batch process source at the start of a batch cycle.
* * * * *
0
9. Table 1 to subpart SSSSS is amended as follows:
0
a. Revising items 6.a and b;
0
b. Revising items 7.a and b;
0
c. Revising item 8;
0
d. Redesignating items 9, 10, and 11 as items 10, 11, and 12;
0
e. Adding a new clarification as item 9;
0
f. Revising newly redesignated items 11.a and b; and
Table 1 to Subpart SSSSS of Part 63.--Emission Limits
[As stated in Sec. 63.9788, you must comply with the emission limits
for affected sources in the following table:]
------------------------------------------------------------------------
You must meet the following
For . . . emission limits . . .
------------------------------------------------------------------------
* * * * * * *
6. Batch process units that are a. The 2-run block average THC
controlled with a thermal or catalytic concentration for the 3-hour
oxidizer. peak THC emissions
concentration period must not
exceed 20 ppmvd, corrected to
18 percent oxygen, at the
outlet of the control device;
or
b. The 2-run block average THC
mass emissions rate for the 3-
hour peak THC mass emissions
period must be reduced by at
least 95 percent.
7. Batch process units that are a. The 2-run block average THC
equipped with a control device other concentration for the 3-hour
than a thermal or catalytic oxidizer. peak THC emissions
concentration period must not
exceed 20 ppmvd, corrected to
18 percent oxygen, at the
outlet of the control device;
or
b. The 2-run block average THC
mass emissions rate for the 3-
hour peak THC mass emissions
period must be reduced by at
least 95 percent.
8. Batch process units that use process The 2-run block average THC
changes to reduce organic HAP concentration for the 3-hour
emissions. peak THC emissions
concentration period must not
exceed 20 ppmvd, corrected to
18 percent oxygen, at the
outlet of the process gas
stream.
9. Batch process units that have turned The 2-run block average THC
off the control device or are not concentration for the 3-hour
equipped with a control device. peak THC emissions
concentration period must not
exceed 20 ppmvd, corrected to
18 percent oxygen, at the
outlet of the process gas
stream.
10. Batch process kilns that are not The 2-run block average THC
equipped with a control device. concentration for the 3-hour
peak THC emissions
concentration period must not
exceed 20 ppmvd, corrected to
18 percent oxygen, at the
outlet of the process gas
stream.
11. Each new continuous kiln that is a. The 3-hour block average HF
used to produce clay refractory emissions must not exceed
products. 0.019 kilograms per megagram
(kg/Mg) (0.038 pounds per ton
kiln that is (lb/ton)) of
uncalcined clay processed, OR
the 3-hour block average HF
mass emissions rate must be
reduced by at least 90
percent; and
b. The 3-hour block average HCl
emissions must not exceed
0.091 kg/Mg (0.18 lb/ton) of
uncalcined clay processed, OR
the 3-hour block average HCl
mass emissions rate must be
reduced by at least 30
percent.
* * * * * * *
------------------------------------------------------------------------
[[Page 7424]]
0
10. Table 2 to subpart SSSSS is amended as follows:
0
a. Revising item 1.c;
0
b. Revising item 4;
0
c. Revising 7;
0
d. Revising items 8.a and b and adding items 8.c through e;
0
e. Revising items 9.a and b, and adding new items 9.d through f; and
0
f. Removing item 11.b and redesignating items 11.c and d as items 11.b
and c, respectively.
Table 2 to Subpart SSSSS of Part 63.--Operating Limits
[As stated in Sec. 63.9788, you must comply with the operating limits for affected sources in the following
table]
----------------------------------------------------------------------------------------------------------------
For . . . You must . . .
----------------------------------------------------------------------------------------------------------------
1. Each affected source listed in Table 1 to this * * *
subpart. b. Capture emissions and vent them through a closed
system; and
c. Operate each control device that is required to
comply with this subpart on each affected source
during all periods that the source is operating,
except where specified in Sec. 63.9792(e) and (f),
item 2 of this table, and item 13 of Table 4 to this
subpart; and * * *
* * * * * * *
4. Each affected continuous process unit............... Maintain the 3-hour block average organic HAP
processing rate (pounds per hour) at or below the
maximum allowable organic HAP processing rate
established during the most recent performance test.
* * * * * * *
7. Each affected batch process unit.................... For each batch cycle, maintain the organic HAP
processing rate (pounds per batch) at or below the
maximum allowable organic HAP processing rate
established during the most recent performance test.
8. Batch process units that are equipped with a thermal a. Except as specified in item 8.b. of this table,
oxidizer. maintain throughout the entire batch cycle the hourly
average operating temperature in the thermal oxidizer
combustion chamber at or above the minimum allowable
operating temperature established during the most
recent performance test, as determined according to
item 11 of Table 4 to this subpart; and
b. If complying with the provisions for reducing the
thermal oxidizer operating temperature, as specified
in item 13 of Table 4 to this subpart, satisfy the
requirements of items 8.c. through 8.e. of this table;
c. From the start of the batch cycle until the batch
process unit reaches its maximum temperature, maintain
the thermal oxidizer combustion chamber temperature at
or above the minimum allowable temperature established
during the most recent performance test, as determined
according to item 11 of Table 4 to this subpart;
d. From the time when the batch process unit reaches
its maximum temperature, maintain the thermal oxidizer
combustion chamber temperature at or above the minimum
allowable temperature established during the most
recent performance test, as determined according to
item 11 of Table 4 to this subpart, for a length of
time that equals or exceeds the length of time between
the process unit reaching its maximum temperature and
the start of the thermal oxidizer temperature
reduction during the most recent performance test;
e. For the remainder of the batch process cycle,
maintain the thermal oxidizer combustion chamber
temperature at or above the reduced thermal oxidizer
temperature established during the most recent
performance test, as specified in item 13 of Table 4
to this subpart.
[[Page 7425]]
9. Batch process units that are equipped with a a. Except as specified in item 9.b. of this table,
catalytic oxidizer. maintain throughout the entire batch cycle the hourly
average operating temperature at the inlet of the
catalyst bed at or above the minimum allowable
operating temperature established during the most
recent performance test, as determined according to
item 12 of Table 4 to this subpart; and
b. If complying with the provisions for reducing the
catalytic oxidizer operating temperature, as specified
in item 13 of Table 4 to this subpart, satisfy the
requirements of items 9.d through 9.f of this table;
and
c. Check the activity level of the catalyst at least
every 12 months.
d. From the start of the batch cycle until the batch
process unit reaches its maximum temperature, maintain
the temperature at the inlet of the catalyst bed at or
above the minimum allowable temperature established
during the most recent performance test, as determined
according to item 12 of Table 4 to this subpart;
e. From the time when the batch process unit reaches
its maximum temperature, maintain the temperature at
the inlet of the catalyst bed at or above the minimum
allowable temperature established during the most
recent performance test, as determined according to
item 12 of Table 4 to this subpart, for a length of
time that equals or exceeds the length of time between
the process unit reaching its maximum temperature and
the start of the catalytic oxidizer temperature
reduction during the most recent performance test;
f. For the remainder of the batch process cycle,
maintain the temperature at the inlet of the catalyst
bed at or above the reduced catalyst bed inlet
temperature established during the most recent
performance test, as specified in item 13 of Table 4
to this subpart.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
0
11. Table 4 to subpart SSSSS is revised to read as follows:
Table 4 to Subpart SSSSS to Part 63.--Requirements for Performance Tests
[As stated in Sec. 63.9800, you must comply with the requirements for performance tests for affected sources
in the following table:]
----------------------------------------------------------------------------------------------------------------
According to the following
For . . . You must . . . Using . . . requirements . . .
----------------------------------------------------------------------------------------------------------------
1. Each affected source listed in a. Conduct performance i. The requirements of (1) Record the date of the
Table 1 to this subpart. tests. the General test; and
Provisions in subpart (2) Identify the emission
A of this part and source that is tested; and
the requirements to (3) Collect and record the
this subpart. corresponding operating
parameter and emission
test data listed in this
table for each run of the
performance test; and
(4) Repeat the performance
test at least every 5
years; and
(5) Repeat the performance
test before changing the
parameter value for any
operating limit specified
in your OM&M plan; and
(6) If complying with the
THC concentration or THC
percentage reduction
limits specified in items
2 through 9 of Table 1 to
this subpart, repeat the
performance test under the
conditions specified in
items 2.a.2 and 2.a.3. of
this table; and
(7) If complying with the
emission limits for new
clay refractory products
kilns specified in items
10 and 11 of Table 1 to
this subpart, repeat the
performance test under the
conditions specified in
items 14.a.i.4. and
17.a.i.4. of this table.
[[Page 7426]]
b. Select the i. Method 1 or 1A of (1) To demonstrate
locations of sampling 40 CFR, part 60, compliance with the
ports and the number appendix A. percentage reduction
of traverse points. limits specified in items
2.b., 3.b., 6.b., 7.b.,
10, and 11 of Table 1 to
this subpart, OR to
develop an emissions
profile, OR to satisfy the
requirements of item 13.a.
of this table, locate
sampling sites at the
inlet of the control
device and at either the
outlet of the control
device or at the stack
prior to any releases to
the atmosphere; AND
(2) To demonstrate
compliance with any other
emission limit specified
in Table 1 to this
subpart, locate all
sampling sites at the
outlet of the control
device or at the stack
prior to any releases to
the atmosphere.
c. Determine gas Method 2, 2A, 2C, 2D, Measure gas velocities and
velocity and 2F, or 2G of 40 CFR volumetric flow rates at 1-
volumetric flow rate. part 60, appendix A. hr intervals throughout
each test run.
d. Conduct gas (i) Method 3, 3A, or As specified in the
molecular weight 3B of 40 CFR part 60, applicable test method.
analysis. appendix A; or
(ii) ASME PTC 19.10- You may use ASME PTC 19.10-
1981--Part 10. 1981--Part 10 (available
for purchase from Three
Park Avenue, New York, NY
10016-5990) as an
alternative to EPA Method
3B.
e. Measure gas Method 4 of 40 CFR As specified in the
moisture content. part 60, appendix A. applicable test Method.
2. Each new or existing curing a. Conduct performance ...................... (1) Conduct the performance
oven, shape dryer, and kiln that tests. test while the source is
is used to process refractory b. Satisfy the operating at the maximum
products that use organic HAP; applicable organic HAP processing
each new or existing coking oven requirements listed rate, as defined in Sec.
and defumer that is used to in items 3 through 13 63.9824, reasonably
produce pitch-impregnated of this table. expected to occur; and
refractory products; each new (2) Repeat the performance
shape preheater that is used to test before starting
produce pitch-impregnated production of any product
refractory products; AND each new for which the organic HAP
or existing process unit that is processing rate is likely
exhausted to a thermal or to exceed the maximum
catalytic oxidizer that also allowable organic HAP
controls emissions from an processing rate
affected shape preheater or pitch established during the
working tank. most recent performance
test, as specified in Sec.
63.9798(c); and
(3) Repeat the performance
test on any affected
uncontrolled kiln
following process changes
(e.g., shorter curing oven
cycle time) that could
increase organic HAP
emissions from the
affected kiln, as
specified in Sec.
63.9798(d).
3. Each affected continuous process a. Perform a minimum The appropriate test Each test run must be at
unit. of 3 test runs. methods specified in least 1 hour in duration.
items 1, 4, and 5 of
this table.
b. Establish the i. Method 311 of 40 (1) Calculate and record
operating limit for CFR part 63, appendix the organic HAP content of
the maximum organic A, OR material safety all refractory shapes that
HAP processing rate. data sheets (MSDS), are processed during the
OR product labels to performance test, based on
determine the mass the mass fraction of
fraction of organic organic HAP in the resins,
HAP in each resin, binders, or additives; the
binder, or additive; mass fraction of each
and binder, or additive, in
ii. Product the product; and the
formulation data that process feed rate; and
specify the mass (2) Calculate and record
fraction of each the organic HAP processing
resin, binder, and rate (pounds per hour) for
additive in the each test run; and
products that are (3) Calculate and record
processed during the the maximum allowable
performance test; and. organic HAP processing
iii. Process feed rate rate as 110 percent of the
data (tons per hour). average of the processing
rates for the three test
runs.
[[Page 7427]]
c. Record the Process data.......... During each test run and at
operating temperature least once per hour,
of the affected record the operating
source. temperature in the highest
temperature zone of the
affected source.
4. Each continuous process unit a. Measure THC i. Method 25A of 40 (1) Each minute, measure
that is subject to the THC concentrations at the CFR Part 60, appendix and record the
emission limit listed in item outlet of the control A. concentrations of THC in
2.a., 3.a., 4, or 5 of Table 1 to device or in the the exhaust stream; and
this subpart. stack. (2) Provide at least 50 1-
minute measurements for
each valid hourly average
THC concentration.
b. Measure oxygen i. Method 3A of 40 CFR (1) Each minute, measure
concentrations at the Part 60, appendix A. and record the
outlet of the control concentrations of oxygen
device or in the in the exhaust stream; and
stack. (2) Provide at least 50 1-
minute measurements for
each valid hourly average
oxygen concentration.
c. Determine the i. Equation 1 of Sec. (1) Calculate the hourly
hourly average THC 63,9800(g)(1); and average THC concentration
concentration, ii. The 1-minute THC for each hour of the
corrected to 18 and oxygen performance test as the
percent oxygen. concentration data. average of the 1-minute
THC measurements; and
(2) Calculate the hourly
average oxygen
concentration for each
hour of the performance
test as the average of the
1-minute oxygen
measurements; and
(3) Correct the hourly
average THC concentrations
to 18 percent oxygen using
Equation 1 of Sec.
63.9800(g)(1).
d. Determine the 3- The hourly average Calculate the 3-hour block
hour block average concentrati on of average THC emission
THC emission THC, corrected to 18 concentration, corrected
concentration, percent oxygen, for to 18 percent oxygen, as
corrected to 18 each test run. the average of the hourly
percent oxygen. average THC emission
concentrations, corrected
to 18 percent oxygen.
5. Each continuous process unit a. Measure THC i. Method 25A of 40 (1) Each minute, measure
that is subject to the THC concentrations at the CFR part 60, appendix and record the
percentage reduction limit listed inlet and outlet of A. concentrations of THC at
in item 2.b. or 3.b. of Table 1 to the control device. the inlet and outlet of
this subpart. the control device; and
(2) Provide at least 50 1-
minute measurements for
each valid hourly average
THC at the control device
inlet and outlet.
b. Determine the i. The 1-minute THC Calculate the hourly THC
hourly THC mass concentration data at mass emissions rates at
emissions rates at the control device the control device inlet
the inlet and outlet inlet and outlet; and and outlet for each hour
of the control device. ii. The volumetric of the performance test.
flow rates at the
control device inlet
and outlet.
c. Determine the 3- i. The hourly THC mass (1) Calculate the hourly
hour block average emissions rates at THC for each hour of the
THC percentage the inlet and outlet performance test using
reduction. of the control device. Equation 2 of Sec.
63.9800(g)(1); and
(2) Calculate the 3-hour
block average THC
percentage reduction.
6. Each continuous process unit a. Establish the i. Continuous (1) At least every 15
that is equipped with a thermal operating limit for recording of the minutes, measure and
oxidizer. the minimum allowable output of the record the thermal
thermal oxidizer combustion chamber oxidizer combustion
combustion chamber temperature temperature; and
temperature. measurement device. (2) Provide at least one
measurement during at
least three 15-minute
periods per hour of
testing; and
(3) Calculate the hourly
average thermal oxidizer
combustion chamber
temperature for each hour
of the performance test;
and
(4) Calculate the minimum
allowable combustion
chamber temperature as the
average of the combustion
chamber temperatures for
the three test runs, minus
14 [deg]C (25 [deg]F).
7. Each continuous process unit a. Establish the i. Continuous (1) At least every the 15
that is equipped with a catalytic operating limit for recording of the minutes, measure and
oxidizer. the minimum allowable output of the record the temperature at
temperature at the temperature the inlet of the catalyst
inlet of the catalyst measurement device. bed; and
bed. (2) Provide at least one
catalyst bed inlet
temperature measurement
during at least three 15-
minute periods per hour of
testing; and
(3) Calculate the hourly
average catalyst bed inlet
temperature for each hour
of the performance test;
and
(4) Calculate the minimum
allowable catalyst bed
inlet temperature as the
average of the catalyst
bed inlet temperatures for
the three test runs, minus
14 [deg]C (25 [deg]F).
[[Page 7428]]
8. Each affected batch process unit a. Perform a minimum i. The appropriate (1) Each test run must be
of 2 test runs. test methods conducted over a separate
specified in items 1, batch cycle unless you
9, and 10 of this satisfy the requirements
table. of Sec. 63.9800(f)(3)
and (4); and
(2) Each test run must
begin with the start of a
batch cycle, except as
specified in item 8.a.i.4.
of this table; and
(3) Each test run must
continue until the end of
the batch cycle, except as
specified in items
8.a.i.4. and 8.a.i.5. of
this table; and
(4) If you develop an
emissions profile, as
described in Sec.
63.9802(a)(1), you can
limit each test run to the
3-hour peak THC mass
emissions period; and
(5) If you do not develop
an emissions profile, a
test run can be stopped,
and the results of that
run considered complete,
if either of the following
provisions are met:
(i) you measure emissions
continuously until at
least 3 hours after the
affected process unit has
reached maximum
temperature, AND the
hourly average THC mass
emissions rate at the
outlet of the control
device or in the stack has
not increased during the 3-
hour period since maximum
process temperature was
reached, AND the
applicable emission limit
specified in items 6
through 9 of Table 1 to
this subpart was met
during each of the 3 hours
since maximum process
temperature was reached,
OR,
(ii) for sources equipped
with a thermal or
catalytic oxidizer, at
least 1 hour has passed
since any reduction in the
operating temperature of
the oxidizer, as specified
in item 13 of this table.
b. Establish the i. Method 311 of 40 (1) Calculate and record
operating limit for CFR part 63, appendix the organic HAP content of
the maximum organic A, OR MSDS, OR all refractory shapes that
HAP processing rate. product labels to are processed during the
determine the mass performance test, based on
fraction of organic the mass fraction of
HAP in each resin, organic HAP in the resins,
binder, or additive; binders, or additives; the
and mass fraction of each
ii. Product resin, binder, or
formulation data that additive, in the product,
specify the mass and the batch weight prior
fraction of each (2) Calculate and record
resin, binder, and the organic HAP processing
additive in the rate (pounds per batch)
products that are for each test run; and
processed during the (3) Calculate and record
performance test; and. the maximum allowable
iii. Batch weight organic HAP processing as
(tons). 110 percent of the average
of the organic HAP
processing rates for the
two test runs.
c. Record the batch Process data.......... Record the total elapsed
cycle time. time from the start to the
completion of the batch
cycle.
d. Record the Process data.......... Record the operating
operating temperature temperature of the
of the affected affected source at least
source. once every hour from the
start to the completion of
the batch cycle.
9. Each batch process unit that is a. Measure THC i. Method 25A of 40 (1) Each minute, measure
subject to the THC emission limit concentrations at the CFR part 60, appendix and record concentrations
listed in item 6.a., 7.a., 8, or 9 outlet of the control A. of THC in the exhaust
of Table 1 to this subpart. device or in the stream; and
stack. (2) Provide at least 50 1-
minute measurements for
each valid hourly average
THC concentration.
b. Measure oxygen i. Method 3A of 40 CFR (1) Each minute, measure
concentrations at the part 60, appendix A. and record concentrations
outlet of the control of oxygen in the exhaust
device or in the stream; and
stack. (2) Provide at least 50 1-
minute measurements for
each valid hourly average
oxygen concentration.
c. Determine the i. Equation 1 of Sec. (1) Calculate the hourly
hourly average THC 63.9800(g)(1); and average THC concentration
concentration, ii. The 1-minute THC for each hour of the
corrected to 18 and oxygen performance test as the
percent oxygen. concentration data. average of the 1-minute
THC measurements; and
(2) Calculate the hourly
average oxygen
concentration for each
hour of the performance
test as the average of the
1-minute oxygen
measurement; and
(3) Correct the hourly
average THC concentrations
to 18 percent oxygen using
Equation 1 of Sec.
63.9800(g)(1).
[[Page 7429]]
d. Determine the 3- The hourly average THC Select the period of 3
hour peak THC concentrations, consecutive hours over
emissions corrected to 18 which the sum of the
concentration period percent oxygen. hourly average THC
for each test run. concentrations, corrected
to 18 percent oxygen, at
the control device outlet
or in the stack is greater
than the sum of the hourly
average THC emission
concentrations, corrected
to 18 percent oxygen, at
the control device outlet
or in the stack for any
other period of 3
consecutive hours during
the test run.
e. Determine the The hourly average THC Calculate the average of
average THC emission the hourly average THC
concentration, concentrations, concentrations, corrected
corrected to 18 corrected to 18 to 18 percent oxygen, for
percent oxygen, for percent oxygen, for the 3 hours of the peak
each test run. the 3-hour peak THC THC emissions
emissions concentration period for
concentration period. each test run.
f. Determine the 2-run The average THC Calculate the average of
block average THC concentration, the average THC
concentration, corrected to 18 concentrations, corrected
corrected to 18 percent oxygen, for to 18 percent oxygen, for
percent oxygen, for each test run. the two test runs.
the emission test.
10. Each batch process unit that is a. Measure THC i. Method 25A of 40 (1) Each minute, measure
subject to the THC percentage concentrations at the CFR part 60, appendix and record the
reduction limit listed in item inlet and outlet of A. concentrations of THC at
6.b. or 7.b. of Table 1 to this the control device. the control device inlet
subpart. and outlet; and
(2) Provide at least 50 1-
minute measurements for
each valid hourly average
THC concentration at the
control device inlet and
outlet.
b. Determine the i. The 1-minute THC Calculate the hourly THC
hourly THC mass concentration data at mass emissions rates at
emissions rates at the control device the control device inlet
the control device inlet and outlet; and and outlet for each hour
inlet and outlet. ii. The volumetric of the performance test.
flow rates at the
control device inlet
and outlet.
c. Determine the 3- The hourly THC mass Select the period of 3
hour peak THC mass emissions rates at consecutive hours over
emissions period for the control device which the sum of the
each test run. inlet. hourly THC mass emissions
rates at the control
device inlet is greater
than the sum of the hourly
THC mass emissions rates
at the control device
inlet for any other period
of 3 consecutive hours
during the test run.
d. Determine the i. Equation 2 of Sec. Calculate the average THC
average THC 63.9800(g)(2); and percentage reduction for
percentage reduction ii. The hourly THC each test run using
for each test run. mass emissions rates Equation 2 of Sec.
at the control device 63.9800(g)(2).
inlet and outlet for
the 3-hour peak THC
mass emissions period.
e. Determine the 2-run The average THC Calculate the average of
block average THC percentage reduction the average THC percentage
percentage reduction for each test run. reductions for the two
for the emission test runs.
test.
f. If complying with i. Method 3A of 40 CFR (1) Each minute, measure
the provisions for part 60, appendix A. and record the
reducing the thermal concentrations of oxygen
oxidizer operating in the exhaust stream; and
temperature, as (2) Calculate each hourly
specified in item 13 average oxygen
of Table 4 to this concentration using at
subpart, measure the least 50 1-minute
oxygen concentration measurements for each
at the inlet to the valid hourly average
control device. oxygen concentration.
[[Page 7430]]
11. Each batch process unit that is a. Establish the i. Continuous (1) At least every 15
equipped with a thermal oxidizer. operating limit for recording of the minutes of each entire
the minimum thermal output of the test run, measure and
oxidizer combustion combustion chamber record the thermal
chamber temperature. temperature oxidizer combustion
measurement device. chamber temperature; and
(2) Provide at least one
temperature measurement
during at least three 15-
minute periods per hour of
testing; and
(3) For each test run,
calculate the hourly
average combustion chamber
temperature for each hour
of the 3-hour peak THC
emissions concentration
period or the 3-hour peak
THC mass emissions period,
as defined in Sec.
63.9824, whichever
applies; and
(4) Calculate the average
combustion chamber
temperature for the
applicable 3-hour peak
emissions period for each
test run using the average
hourly combustion chamber
temperatures for the
applicable 3-hour peak
emissions period; and
(5) Calculate the minimum
allowable thermal oxidizer
combustion chamber
operating temperature as
the average of the average
combustion chamber
temperatures for the
applicable 3-hour peak
emissions period for the
two test runs, minus 14
[deg]C (25 [deg]F).
12. Each batch process unit that is a. Establish the i. Continuous (1) At least every 15
equipped with a catalytic oxidizer. operating limit for recording of the minutes of each entire
the minimum allowable output of the test run, measure and
temperature at the temperature record the temperature at
inlet of the catalyst measurement device. the inlet of the catalyst
bed. bed; and
(2) Provide at least one
catalyst bed inlet
temperature measurement
during at least three 15-
minute periods per hour of
testing; and
(3) For each test run,
calculate the hourly
average catalyst bed inlet
temperature for each hour
of the 3-hour peak THC
emissions concentration
period or the 3-hour peak
THC mass emissions period,
as defined in Sec.
63.9824, whichever
applies; and
(4) Calculate the average
catalyst bed inlet
temperature for the
applicable 3-hour peak
emissions period for each
test run using the average
hourly catalyst bed inlet
temperatures for the
applicable 3-hour peak
emissions period; and
(5) Calculate the minimum
allowable catalyst bed
inlet operating
temperature as the average
of the average catalyst
bed inlet temperatures for
the applicable 3-hour peak
emissions period for the
two test runs, minus 14
[deg]C (25 [deg]F).
[[Page 7431]]
13. Each batch process unit that is a. During each test ...................... (1) The oxidizer can be
equipped with a thermal or run, maintain the shut off or the oxidizer
catalytic oxidizer. applicable operating operating temperature can
temperature of the be reduced if you do not
oxidizer until use an emissions profile
emission levels allow to limit testing to the 3-
the oxidizer to be hour peak THC mass
shut off or the emissions period, as
operating temperature specified in item 8.a.i.4.
of the oxidizer to be of this table;
reduced. (2) At least 3 hours have
passed since the affected
process unit reached
maximum temperature; and
(3) The applicable emission
limit specified in item
6.a. or 6.b. of Table 1 to
this subpart was met
during each of the
previous three 3-hour
periods; and
(4) The hourly average THC
mass emissions rate at the
control device inlet did
not increase during the 3-
hour period that
immediately preceded the
oxidizer temperature
reduction; and
(5) The THC concentration
at the oxidizer inlet did
not exceed 20 ppmvd,
corrected to 18 percent
oxygen, during each of the
four 15-minute periods
immediately following the
oxidizer temperature
reduction; and
(6) If the THC
concentration exceeded 20
ppmvd, corrected to 18
percent oxygen, during any
of the four 15-minute
periods immediately
following the oxidizer
temperature reduction, you
must return the oxidizer
to its normal operating
temperature as soon as
possible and maintain that
temperature for at least 1
hour; and
(7) Continue the test run
until the THC
concentration at the
oxidizer inlet is no more
than 20 ppmvd, corrected
to 18 percent oxygen, for
at least four consecutive
15-minute periods that
immediately follow the
oxidizer temperature
reduction.
14. Each new continuous kiln that a. Measure emissions i. Method 26A of 40 (1) Conduct the test while
is used to process clay refractory of HF and HCL. CFR part 60, appendix the kiln is operating at
products. A; or 60, appendix A; the maximum production
or level and is processing
ii. Method 26 of 40 the refractory product
CFR part 60, appendix with the highest
A; or. uncalcined clay processing
iii. Method 320 of 40 rate, as specified in item
CFR part 63, appendix 15.a. of this table; and
A. (2) You may use Method 26
of 40 CFR part 60,
appendix A, only if no
acid PM (e.g., HF or HCL
dissolved in water
droplets emitted by
sources controlled by a
wet scrubber) is present;
and
(3) If you use Method 320
of 40 CFR part 63,
appendix A, you must
follow the analyte spiking
procedures of Section 13
of Method 320 unless you
can demonstrate that the
complete spiking procedure
has been conducted at a
similar source; and
(4) Repeat the performance
test if the affected
source is controlled with
a DLA and you change the
source of the limestone
used in the DLA.
b. Perform a minimum The appropriate test Each test run must be at
of 3 test runs. methods specified in least 1 hour in duration.
items 1 and 14.a. of
this table.
15. Each new continuous kiln that a. Record the i. Production data; (1) Record the production
is subject to the production-based uncalcined clay and rate (tons per hour of
HF and HCL emission limits processing rate. ii. Product fired product); and
specified in items 10.a. and 10.b. formulation data that (2) Calculate and record
of Table 1 to this subpart. specify the mass the average rate at which
fraction of uncalcined clay is
uncalcined clay in processed (tons per hour)
the products that are for each test run.
processed during the
performance test.
b. Determine the HF i. Method 26A of 40 Calculate the HF mass
mass emissions rate CFR part 60, appendix emissions rate for each
at the outlet of the A; or test run.
control device or in ii. Method 26 of 40
the stack. CFR part 60, appendix
A; or.
iii. Method 320 of 40
CFR part 63, appendix
A..
[[Page 7432]]
c. Determine the 3- i. The HF mass (1) Calculate the hourly
hour block average emissions rate for production-based HF
production-based HF each test run; and emissions rate for each
emissions rate. ii. The average test run using Equation 3
uncalcined clay of Sec. 63.9800(g)(3);
processing rate. and
(2) Calculate the 3-hour
block average production-
based HF emissions rate as
the average of the hourly
production-based HF
emissions rates for each
test run.
d. Determine the HCL i. Method 26A of 40 Calculate the HCl mass
mass emissions rate CFR part 60, appendix emissions rate for each
at the outlet of the A; or test run.
control device or in ii. Method 26 of 40
the stack. CFR part 60, appendix
A; or.
iii. Method 320 of 40
CFR part 63, appendix
A.
e. Determine the 3- i. The HCl mass (1) Calculate the hourly
hour block average emissions rate for production-based HCl
production-based HCL each test run; and emissions rate for each
emissions rate. ii. The average test run using Equation 3
uncalcined clay of Sec. 63.9800(g)(3);
processing rate. and
(2) Calculate the 3-hour
block average production-
based HCl rate as the
average of the production-
based HCl emissions rates
for each test run.
16. Each new continuous kiln that a. Measure the HF mass i. Method 26A of 40 Calculate the HF mass
is subject to the HF and HCL emissions rates at CFR part 60, appendix emissions rates at the
percentage reduction limits the inlet and outlet A; or control device inlet and
specified in items 10.a. and 10.b. of the control device. ii. Method 26 of 40 outlet for each test run.
of Table 1 to this subpart. CFR part 60, appendix
A; or.
iii. Method 320 of 40
CFR part 63, appendix
A.
b. Determine the 3- i. The HF mass (1) Calculate the hourly HF
hour block average HF emissions rates at percentage reduction using
percentage reduction. the inlet and outlet Equation 2 of Sec.
of the control device 63.9800(g)(2); and
for each test run. (2) Calculate the 3-hour
block average HF
percentage reduction as
the average of the HF
percentage reductions for
each test run.
c. Measure the HCL i. Method 26A of 40 Calculate the HCl mass
mass emissions rates CFR part 60, appendix emissions rates at the
at the inlet and A; or control device inlet and
outlet control device. ii. Method 26 of 40 outlet for each test run.
CFR part 60, appendix
A; or.
iii. Method 320 of 40
CFR part 63, appendix
A.
d. Determine the 3- i. The HCl mass (1) Calculate the hourly
hour block average emissions rates at HCl percentage reduction
HCL percentage the inlet and outlet using Equation 2 of Sec.
reduction. of the control device 63.9800(g)(2); and
for each test run. (2) Calculate the 3-hour
block average HCl
percentage reduction as
the average of HCl
percentage reductions for
each test run.
17. Each new batch process kiln a. Measure emissions i. Method 26A of 40 (1) Conduct the test while
that is used to process clay of HF and HCL at the CFR part 60, appendix the kiln is operating at
refractory products. inlet and outlet of A; or the maximum production
the control device. ii. Method 26 of 40 level and is processing
CFR part 60, appendix the refractory product
A; or. with the highest
iii. Method 320 of 40 uncalcined clay processing
CFR part 63, appendix rate, as specified in item
A. 15.a. of this table; and
(2) You may use Method 26
of 40 CFR part 60,
appendix A, only if no
acid PM (e.g., HF or HCl
dissolved in water
droplets emitted by
sources controlled by a
wet scrubber) is present;
and
(3) If you use Method 320
of 40 CFR part 63,
appendix A, you must
follow the analyte spiking
procedures of Section 13
of Method 320 unless you
can demonstrate that the
complete spiking procedure
has been conducted at a
similar source; and
(4) Repeat the performance
test if the affected
source is controlled with
a DLA and you change the
source of the limestone
used in the DLA.
[[Page 7433]]
b. Perform a minimum i. The appropriate (1) Each test run must be
of 2 test runs. test methods conducted over a separate
specified in items 1 batch cycle unless you
and 17.a. of this satisfy the requirements
table. of Sec. 63.9800(f)(3)
and (4); and
(2) Each test run must
consist of a series of 1-
hour runs at the inlet and
outlet of the control
device, beginning with the
start of a batch cycle,
except as specified in
item 17.b.i.4. of this
table; and
(3) Each test run must
continue until the end of
the batch cycle, except as
specified in item
17.b.i.4. of this table;
and
(4) If you develop an
emissions profile, as
described in Sec.
63.9802(a)(2), you can
limit each test run to the
3-hour peak HF mass
emissions period.
c. Determine the i. The appropriate Determine the hourly mass
hourly HF and HCl test methods HF and HCl emissions rates
mass emissions rates specified in items 1 at the inlet and outlet of
at the inlet and and 71.a. of this the control device for
outlet of the control table. each hour of each test
device. run.
d. Determine the 3- The hourly HF mass Select the period of 3
hour peak HF mass emissions rates at consecutive hours over
emissions period. the inlet of the which the sum of the
control device. hourly HF mass emissions
rates at the control
device inlet is greater
than the sum of the hourly
HF mass emissions rates at
the control device inlet
for any other period of 3
consecutive hours during
the test run.
e. Determine the 2-run i. The hourly average (1) Calculate the HF
block average HF HF emissions rates at percentage reduction for
percentage reduction the inlet and outlet each hour of the 3-hour
for the emissions of the control peak HF mass emissions
test. device. period using Equation 2 of
Sec. 63.9800(g)(2); AND
(2) Calculate the average
HF percentage reduction
for each test run as the
average of the hourly HF
percentage reductions for
the 3-hour peak HF mass
emissions period for that
run; and
(3) Calculate the 2-run
block average HF
percentage reduction for
the emission test as the
average of the average HF
percentage reductions for
the two test runs.
f. Determine the 2-run i. The hourly average (1) Calculate the HCl
block average HCl HCl emissions rates percentage reduction for
percentage reduction at the inlet and each hour of the 3-hour
for the emission test. outlet of the control peak HF mass emissions
device. period using Equation 2 of
Sec. 63.9800(g)(2); and
(2) Calculate the average
HCl percentage reduction
for each test run as the
average of the hourly HCl
percentage reductions for
the 3-hour peak HF mass
emissions period for that
run; and
(3) Calculate the 2-run
block average HCl
percentage reduction for
the emission test as the
average of the average HCl
percentage reductions for
the two test runs.
18. Each new kiln that is used to a. Establish the i. Data from the (1) At least every 15
process clay refractory products operating limit for pressure drop minutes, measure the
and is equipped with a DLA. the minimum pressure measurement device pressure drop across the
drop across the DLA. during the DLA; and
performance test. (2) Provide at least one
pressure drop measurement
during at least three 15-
minute periods per hour of
testing; and
(3) Calculate the hourly
average pressure drop
across the DLA for each
hour of the performance
test; and
(4) Calculate and record
the minimum pressure drop
as the average of the
hourly average pressure
drops across the DLA for
the two or three test
runs, whichever applies.
b. Establish the i. Data from the (1) Establish the limestone
operating limit for limestone feeder feeder setting 1 week
the limestone feeder during the prior to the performance
setting. performance test. test; and
(2) Record and maintain the
feeder setting for the 1-
week period that precedes
the performance test and
during the performance
test.
[[Page 7434]]
19. Each new kiln that is used to a. Document Data from the Submit analyses and
process clay refractory products conformance with installation and supporting documentation
and is equipped with a DIFF or DLS/ specifications and calibration of the demonstrating conformance
FF. requirements of the bag leak detection with EPA guidance and
bag leak detection system. specifications for bag
system. i. Data from the lime leak detection systems as
b. Establish the feeder during the part of the Notification
operating limit for performance test. of Compliance Status.
the lime feeder (1) For continuous lime
setting. injection systems, ensure
that lime in the feed
hopper or silo is free-
flowing at all times
during the performance
test; and
(2) Record the feeder
setting for the two or
three runs, whichever
applies.
(3) If the feed rate
setting varies during the
three test runs, calculate
and record the average
feed rate for the two or
three test runs, whichever
applies.
20. Each new kiln that is used to a. Establish the i. Data from the (1) At least every 15
process clay refractory products operating limit for pressure drop minutes, measure the
and is equipped with a wet the minimum scrubber measurement device pressure drop across the
scrubber. pressure drop. during the scrubber; and
performance test. (2) Provide at least one
pressure drop measurement
during at least three 15-
minute periods per hour of
testing; and
(3) Calculate the hourly
average pressure drop
across the scrubber for
each hour of the
performance test; and
(4) Calculate and record
the minimum pressure drop
as the average of the
hourly average pressure
drops across the scrubber
for the two or three test
runs, whichever applies.
b. Establish the i. Data from the pH (1) At least every 15
operating limit for measurement device minutes, measure scrubber
the minimum scrubber during the liquid pH; and
liquid pH. performance test. (2) Provide at least one pH
measurement during at
least three 15-minute
periods per hour of
testing; and
(3) Calculate the hourly
average pH values for each
hour of the performance
test; and
(4) Calculate and record
the minimum liquid pH as
the average of the hourly
average pH measurements
for the two or three test
runs, whichever applies.
c. Establish the i. Data from the flow (1) At least every 15
operating limit for rate measurement minutes, measure the
the minimum scrubber device during the scrubber liquid flow rate;
liquid flow rate. performance test. and
(2) Provide at least one
flow rate measurement
during at least three 15-
minute periods per hour of
testing; and
(3) Calculate the hourly
average liquid flow rate
for each hour of the
performance test; and
(4) Calculate and record
the minimum liquid flow
rate as the average of the
hourly average liquid flow
rates for the two or three
test runs, whichever
applies.
d. If chemicals are i. Data from the (1) At least every 15
added to the scrubber chemical feed rate minutes, measure the
liquid, establish the measurement device scrubber chemical feed
operating limit for during the rate; and
the minimum scrubber performance test. (2) Provide at least one
chemical feed rate. chemical feed rate
measurement during at
least three 15-minute
periods per hour of
testing; and
(3) Calculate the hourly
average chemical feed rate
for each hour of the
performance test; and
(4) Calculate and record
the minimum chemical feed
rate as the average of the
hourly average chemical
feed rates for the two or
three test runs, whichever
applies.
----------------------------------------------------------------------------------------------------------------
0
12. Table 5 to subpart SSSSS is amended as follows:
0
a. Revising items 5 and 6; and
0
b. Revising items 10.a and b.
[[Page 7435]]
Table 5 to Subpart SSSSS of Part 63.--Initial Compliance with Emission
Limits
[As stated in Sec. 63.9806, you must show initial compliance with the
emission limits for affected sources according to the following table:]
------------------------------------------------------------------------
You have
For . . . For the following demonstrated initial
emission limit . . . compliance if . . .
------------------------------------------------------------------------
* * * * * * *
5. Each affected batch The average THC The 2-run block
process unit that is concentration must average THC
subject to the THC emission not exceed 20 emission
concentration limit listed ppmvd, corrected to concentration for
in item 6.a., 7.a., 8, or 9 18 percent oxygen. the 3-hour peak THC
of Table 1 to this subpart. emissions
concentration
period measured
during the
performance test
using Methods 25A
and 3A is equal to
or less than 20
ppmvd, corrected to
18 percent oxygen.
6. Each affected batch The average THC The 2-run block
process unit that is percentage average THC
subject to the THC reduction must percentage
percentage reduction limit equal or exceed 95 reduction for the 3-
listed in item 6.b. or 7.b. percent. hour peak THC mass
of Table 1 to this subpart. emissions period
measured during the
performance test
using Method 25A is
equal to or greater
than 95 percent.
* * * * * * *
10. Each new batch process a. The average The 2-run block
kiln that is used to uncontrolled HF average HF emission
process clay refractory emissions must be reduction for the 3-
products. reduced by at least hour peak HF mass
90 percent. emissions period
measured during the
performance test is
equal to or greater
than 90 percent.
b. The average The 2-run block
uncontrolled HCl average HCl
emissions must be emissions reduction
reduced by at least for the 3-hour peak
30 percent. HF mass emissions
period measured
during the
performance test is
equal to or greater
than 30 percent.
* * * * * * *
------------------------------------------------------------------------
0
13. Table 7 to subpart SSSSS is amended as follows:
0
a. Revising item 2;
0
b. Revising item 4 by designating the entry in column 3 as item i and
adding item 4.ii;
0
c. Revising item 5 by designating the entry in column 3 as item i and
adding item 5.ii; and
0
d. Removing item 9.a.ii and redesignating items 9.a.iii and iv as items
9.a.ii and iii, respectively.
Table 7 to Subpart SSSSS to Part 63.--Continuous Compliance with
Emission Limits
[As stated in Sec. 63.9810, you must show continuous compliance with
the emission limits for affected sources according to the following
table:]
------------------------------------------------------------------------
You have
For . . . For the following demonstrated initial
emission limit . . . compliance if . . .
------------------------------------------------------------------------
* * * * * * *
2. Each new or existing As specified in Satisfying the
curing oven, shape dryer, items 3 through 7 applicable
and kiln that is used to of this table. requirements
process refractory products specified in items
that use organic HAP; each 3 through 7 of this
new or existing coking oven table.
and defumer that is used to
produce pitch-impregnated
refractory products; each
new shape preheater that is
used to produce pitch-
impregnated refractory
products; AND each new or
existing process unit that
is exhausted to a thermal
or catalytic oxidizer that
also controls emissions
from an affected shape
preheater or pitch working
tank.
* * * * * * *
4. Each affected process The average THC i. Operating and
unit that is equipped with concentration must maintaining a THC
a control device other than not exceed 20 CEMS at the outlet
a thermal or catalytic ppmvd, corrected to of the control
oxidizer. 18 percent oxygen; device or in the
OR the average THC stack of the
percentage affected source,
reduction must according to the
equal or exceed 95 requirements of
percent. Procedure 1 of 40
CFR part 60,
appendix F; and
ii. Maintaining the
3-hour block
average THC
concentration at or
below 20 ppmvd,
corrected to 18
percent oxygen.
[[Page 7436]]
5. Each affected process The average THC i. Operating and
unit that uses process concentration must maintaining a THC
changes to meet the not exceed 20 CEMS at the outlet
applicable emission limit. ppmvd, corrected to of the control
18 percent oxygen. device or in the
stack of the
affected source,
according to the
requirements of
Procedure 1 of 40
CFR part 60,
appendix F; and
ii. Maintaining the
3-hour block
average THC
concentration at or
below 20 ppmvd,
corrected to 18
percent oxygen.
* * * * * * *
------------------------------------------------------------------------
0
14. Table 8 to subpart SSSSS is amended as follows:
0
a. Revising item 4.iii and adding item 4.iv;
0
b. Revising item 7.iv and adding item 7.v;
0
c. Revising items 8 and 8.i through v and adding items 8.vi through
viii;
0
d. Revising items 9 and 9.i through iv, redesignating items 9.v and vi
as items 9.viii and ix, respectively, and adding items 9.v. through
vii;
0
e. Revising items 11.a.ii and iii, adding item 11.a.iv, removing item
11.b, and redesignating items 11.c and d as items 11.b and c,
respectively; and
0
f. Revising items 13.a.ii and iii, 13.b.ii and iii, 13.c.ii and iii,
and 13.d.ii and iii, and adding items 13.a.iv, 13.b.iv, 13.c.iv, and
13.d.iv.
Table 8 to Subpart SSSSS of Part 63.--Continuous Compliance With
Operating Limits
[As stated in Sec. 63.9810, you must show continuous compliance with
the operating limits for affected sources according to the following
table:]
------------------------------------------------------------------------
You must demonstrate
For the following continuous
For . . . operating limit . . compliance by . . .
.
------------------------------------------------------------------------
* * * * * * *
4. Each affected continuous a. Maintain process * * *
process unit. operating iii. Maintaining the
parameters within 3-hour block
the limits average organic HAP
established during processing rate at
the most recent or below the
performance test. maximum allowable
organic HAP
processing rate
established during
the most recent
performance test;
and
iv. Reporting, in
accordance with
Sec. 63.9814(e),
any 3-hour block
average organic HAP
processing rate
that exceeds the
maximum allowable
organic HAP
processing rate
established during
the most recent
performance test
* * * * * * *
7. Each affected batch a. Maintain process * * *
process unit. operating iv. Maintaining the
parameters within organic HAP
the limits processing rate at
established during or below the
the most recent maximum allowable
performance test. organic HAP
processing rate
established during
the most recent
performance test;
and
v. Reporting, in
accordance with
Sec. 63.9814(e),
any organic HAP
processing rate
that exceeds the
maximum allowable
organic HAP
processing rate
established during
the most recent
performance test.
[[Page 7437]]
8. Batch process units that Maintain the hourly i. Measuring and
are equipped with a thermal average temperature recording the
oxidizer. in the thermal thermal oxidizer
oxidizer combustion combustion chamber
chamber at or above temperature at
the minimum least every 15
allowable operating minutes throughout
temperature any period during
established during which the thermal
the most recent oxidizer is
performance test. required to be in
operation; and
ii. Calculating the
hourly average
thermal oxidizer
combustion chamber
temperature for any
period during which
the thermal
oxidizer is
required to be in
operation; and
iii. Except as
permitted by item
8.iv of this table,
maintaining
throughout the
entire batch cycle
the hourly average
operating
temperature in the
thermal oxidizer
combustion chamber
at or above the
minimum allowable
operating
temperature
established during
the most recent
performance test;
and
iv. If complying
with the provisions
for reducing the
thermal oxidizer
operating
temperature, as
specified in item
13 of Table 4 to
this subpart,
satisfying the
requirements of
items 8.vi. through
8.viii. of this
table; and
v. Reporting, in
accordance with
Sec. 63.9814(e),
any temperature
measurements below
the minimum
allowable thermal
oxidizer combustion
chamber temperature
established during
the most recent
performance test.
vi. From the start
of the batch cycle
until the batch
process unit
reaches its maximum
temperature,
maintaining the
thermal oxidizer
combustion chamber
temperature at or
above the minimum
allowable
temperature
established during
the most recent
performance test,
as determined
according to item
11 of Table 4 to
this subpart;
vii. From the time
when the batch
process unit
reaches its maximum
temperature,
maintaining the
thermal oxidizer
combustion chamber
temperature at or
above the minimum
allowable
temperature
established during
the most recent
performance test,
as determined
according to item
11 of Table 4 to
this subpart, for a
length of time that
equals or exceeds
the length of time
between the process
unit reaching its
maximum temperature
and the start of
the thermal
oxidizer
temperature
reduction during
the most recent
performance test;
viii. For the
remainder of the
batch process
cycle, maintaining
the thermal
oxidizer combustion
chamber temperature
at or above the
reduced thermal
oxidizer
temperature
established during
the most recent
performance test,
as specified in
item 13 of Table 4
to this subpart.
[[Page 7438]]
9. Batch process units that Maintain the hourly i. Measuring and
are equipped with a average temperature recording the
catalytic oxidizer. at the inlet of the temperature at the
catalyst bed at or inlet of the
above the minimum catalyst bed at
allowable operating least every 15
temperature minutes throughout
established during any period during
the most recent which the catalytic
performance test. oxidizer is
required to be in
operation; and
ii. Calculating the
hourly average
temperature at the
catalyst bed inlet
for any period
during which the
catalytic oxidizer
is required to be
in operation; and
iii. Except as
specified in items
9.a.iv through
9.a.vii of this
table, maintaining
throughout the
entire batch cycle
the hourly average
operating
temperature at the
catalyst bed inlet
at or above the
minimum allowable
performance
allowable operating
temperature
established during
the most recent
performance test;
and
iv. If complying
with the provisions
for reducing the
catalytic oxidizer
operating
temperature, as
specified in item
13 of Table 4 to
this subpart,
satisfying the
requirements of
items 9.a.v.
through 9.a.vii. of
this table; and
v. From the start of
the batch cycle
until the batch
process unit
reaches its maximum
temperature,
maintaining the
temperature at the
inlet of the
catalyst bed at or
above the minimum
allowable
temperature
established during
the most recent
performance test,
as determined
according to item
12 of Table 4 to
this subpart; and
vi. From the time
when the batch
process unit
reaches its maximum
temperature,
maintaining the
temperature at the
inlet of the
catalyst bed at or
above the minimum
allowable
temperature
established during
the most recent
performance test,
as determined
according to item
12 of Table 4 to
this subpart, for a
length of time that
equals or exceeds
the length of time
between the process
unit reaching its
maximum temperature
and the start of
the catalytic
oxidizer
temperature
reduction during
the most recent
performance test;
and
vii. For the
remainder of the
batch process
cycle, maintaining
the temperature at
the inlet of the
catalyst bed at or
above the reduced
catalyst bed inlet
temperature
established during
the most recent
performance test,
as specified in
item 13 of Table 4
to this subpart;
and
viii. Reporting, in
accordance with
Sec. 63.9814(e),
any catalyst bed
inlet temperature
measurements below
the minimum
allowable bed inlet
temperature
measured during the
most recent
performance test;
and
ix. Checking the
activity level of
the catalyst at
least every 12
months and taking
any necessary
corrective action,
such as replacing
the catalyst, to
ensure that the
catalyst is
performing as
designed.
[[Page 7439]]
* * * * * * *
11. Each new kiln that is a. Maintain the * * *
equipped with a DLA. average pressure ii. Calculating the
drop the DLA for hourly average
each 3-hour block pressure drop
period at or above across the DLA; and
the mininum iii. Maintaining the
pressure drop 3-hour block
established during average pressure
the most recent drop across the DLA
performance test. at or above the
minimum pressure
drop established
during the most
recent performance
test; and
iv. Reporting, in
accordance with
Sec. 63.9814(e),
any 3-hour block
average pressure
drop across the DLA
below the minimum
pressure drop
established during
the most recent
performance test.
* * * * * * *
13. Each new kiln that is a. Maintain the * * *
used to process clay average pressure ii. Calculating the
refractory products and is drop across the hourly average
equipped with a wet scrubber for each 3- pressure drop
scrubber. hour block period across the
at or above the scrubber; and
minimum pressure iii. Maintaining the
drop established 3-hour block
during the most average scrubber
recent performance pressure drop at or
test. above the minimum
pressure drop
established during
the most recent
performance test;
and
iv. Reporting, in
accordance with
during the Sec.
63.9814(e), any 3-
hour block average
most recent
pressure drop
across the scrubber
below the minimum
pressure drop
established during
the most recent
performance test.
b. Maintain the * * *
average average ii. Calculating the
scrubber liquid pH hourly average
for each 3-hour scrubber liquid pH;
block period at or and
above the minimum iii. Maintaining the
scrubber liquid pH 3-hour block
established during average scrubber
the most recent liquid pH at or
performance test. above the minimum
scrubber liquid pH
estalbished during
the most recent
perforamnce test;
and
iv. Reporting, in
accordance with
Sec. 63.9814(e),
any 3-hour block
average scrubber
liquid pH below the
minimum liquid pH
established during
the most recent
performance test.
c. Maintain the * * *
average scrubber ii. Calculating the
liquid flow rate hourly average
for each 3-hour scrubber liquid
block period at or flow rate; and
above the minimum iii. Maintaining the
scrubber liquid 3-hour block
flow rate average scrubber
established during liquid flow rate at
the most recent or above the
performance test. minimum scrubber
liquid flow rate
established during
the most recent
performance test;
and
iv. Reporting, in
accordance with
Sec. 63.9814(e),
any 3-hour block
average established
scrubber liquid
flow rate below the
minimum liquid flow
rate established
during the most
most recent
performance test.
[[Page 7440]]
d. If chemicals are * * *
added to the ii. Calculating the
scrubber liquid, hourly average
maintain the scrubber chemical
average scrubber feed rate; and
chemical feed rate iii. Maintaining the
for each 3-hour 3-hour block
block period at or average scrubber
above the minimum chemical feed rate
scrubber chemical at or above the
feed rate scrubber minimum
established during scrubber chemical
the most recent feed rate
performance test. established during
the most recent
rate for each
performance test;
and
iv. Reporting, in
accordance with
Sec. 63.9814(e),
any 3-hour block
average scrubber
chemical feed rate
below the minimum
chemical feed rate
established during
the most recent
performance test
* * * * * * *
------------------------------------------------------------------------
0
15. Table 10 to subpart SSSSS is amended by revising item 1 to read as
follows:
Table 10 to Subpart SSSSS of Part 63.--Requirements for Reports
[As stated in Sec. 63.9814, you must comply with the requirements for
reports in the following table:]
------------------------------------------------------------------------
The report must You must submit the
You must submit a(n) . . . contain . . . report . . .
------------------------------------------------------------------------
1. Compliance report........ The information in Semiannually
Sec. 63.9814(a) according to the
through (f). requirements in
Sec. 63.9814(b)
* * * * * * *
------------------------------------------------------------------------
0
16. Table 11 to subpart SSSSS is amended as follows:
0
a. Revising citation Sec. 63.4;
0
b. Adding citations Sec. 63.6(i)(15) and (16);
0
c. Revising citation Sec. 63.7(b)(2);
0
d. Revising citation Sec. 63.7(e)(3); and
0
e. Revising citations Sec. 63.8(c)(1)(i), (ii), and (iii).
Table 11 to Subpart SSSSS of Part 63.--Applicability of General Provisions to Subpart SSSSS
[As stated in Sec. 63.9820, you must comply with the applicable General Provisions requirements according to
the following table:]
----------------------------------------------------------------------------------------------------------------
Applies to subpart SSSSS
Citation Subject Brief description
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Sec. 63.4.................. Prohibited Activities... Compliance date; Yes.
circumvention; fragmentation.
* * * * * * *
Sec. 63.6(i)(15)........... [Reserved]..............
Sec. 63.6(i)(16)........... Administrator's Granting extension does not Yes.
authority. abrogate Administrator's
authority.
* * * * * * *
Sec. 63.7(b)(2)............ Notification of Must notify Administrator as Yes.
Rescheduling. soon as is practicable and
provide rescheduled date.
* * * * * * *
Sec. 63.7(e)(3)............ Test Run Duration....... Must have three test runs for Yes; Yes, except where
at least the time specified specified in Sec.
in the relevant standard; 63.9800 for batch
compliance is based on process sources; Yes.
arithmetic mean of three
runs; specifies conditions
when data from an additional
test run can be used.
Sec. 63.8(c)(1)(i)......... Operation and Must maintain CMS in Yes.
Maintenance of CMS. accordance with Sec.
63.6(e)(1).
Sec. 63.8(c)(1)(ii)........ Spare Parts for CMS..... Must maintain spare parts for Yes.
routine CMS repairs.
Sec. 63.8(c)(1)(iii)....... SSMP for CMS............ Must develop and implement Yes.
SSMP for CMS.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 7441]]
[FR Doc. 06-1218 Filed 2-10-06; 8:45 am]
BILLING CODE 6560-50-P