[Federal Register: December 26, 2007 (Volume 72, Number 246)]
[Rules and Regulations]
[Page 73179-73211]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26de07-19]
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Part IV
Environmental Protection Agency
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40 CFR Part 63
National Emission Standards for Hazardous Air Pollutants for Area
Sources: Clay Ceramics Manufacturing, Glass Manufacturing, and
Secondary Nonferrous Metals Processing; Final Rule
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[EPA-HQ-OAR-2006-0424; EPA-HQ-OAR-2006-0360; EPA-HQ-OAR-2006-0940; FRL-
8508-5]
National Emission Standards for Hazardous Air Pollutants for Area
Sources: Clay Ceramics Manufacturing, Glass Manufacturing, and
Secondary Nonferrous Metals Processing
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is issuing national emission standards for the Clay
Ceramics Manufacturing, Glass Manufacturing, and Secondary Nonferrous
Metals Processing area source categories. Each of these three final
emissions standards reflects the generally available control technology
or management practices used by sources within the respective area
source category.
DATES: This final rule is effective on December 26, 2007. The
incorporation by reference of certain publications listed in this rule
are approved by the Director of the Federal Register as of December 26,
2007.
ADDRESSES: EPA has established dockets for this action under Docket ID
No. EPA-HQ-OAR-2006-0424 (for Clay Ceramics Manufacturing), Docket ID
No. EPA-HQ-OAR-2006-0360 (for Glass Manufacturing), and Docket ID No.
EPA-HQ-OAR-2006-0940 (for Secondary Nonferrous Metals Processing). All
documents in the docket are listed in the http://www.regulations.gov
index. Although listed in the index, some information is not publicly
available, e.g., confidential business information or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy
form. Publicly available docket materials are available either
electronically through http://www.regulations.gov or in hard copy at
the EPA Docket Center, Public Reading Room, EPA West, Room 3334, 1301
Constitution Ave., NW., Washington, DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the Air Docket is (202) 566-
1742.
FOR FURTHER INFORMATION CONTACT: For questions about the final rule for
Clay Ceramics Manufacturing, contact Mr. Bill Neuffer, Office of Air
Quality Planning and Standards, Sector Policies and Programs Division,
Metals and Minerals Group (D243-02), Environmental Protection Agency,
Research Triangle Park, NC 27711; telephone number: (919) 541-5435; fax
number: (919) 541-3207; e-mail address: Neuffer.Bill@epa.gov. For
questions about the final rule for Glass Manufacturing or Secondary
Nonferrous Metals Processing, contact Ms. Susan Fairchild, Office of
Air Quality Planning and Standards, Sector Policies and Programs
Division, Metals and Minerals Group (D243-02), Research Triangle Park,
NC 27711, telephone number: (919) 541-5167, fax number: (919) 541-3207,
e-mail address: Fairchild.Susan@epa.gov.
SUPPLEMENTARY INFORMATION: The supplementary information presented in
this preamble is organized as follows:
I. General Information
A. Does this action apply to me?
B. Where can I get a copy of this document?
C. Judicial Review
II. Background Information for Final Area Source Standards
III. Summary of Final Rules and Changes Since Proposal
A. Area Source NESHAP for Clay Ceramics Manufacturing
B. Area Source NESHAP for Glass Manufacturing
C. Area Source NESHAP for Secondary Nonferrous Metals Processing
IV. Exemption of Certain Area Source Categories From Title V
Permitting Requirements
V. Summary of Comments and Responses
A. Area Source NESHAP for Clay Ceramics Manufacturing
B. Area Source NESHAP for Glass Manufacturing
C. Area Source NESHAP for Secondary Nonferrous Metals Processing
D. Area Source NESHAP--General
VI. Impacts of the Final Area Source Standards
A. Glass Manufacturing
B. Clay Ceramics Manufacturing
C. Secondary Nonferrous Metals Processing
VII. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
I. National Technology Transfer Advancement Act
J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
K. Congressional Review Act
I. General Information
A. Does this action apply to me?
The regulated categories and entities potentially affected by these
final standards include:
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NAICS Examples of regulated
Category (Industry) code \1\ entities
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Clay Ceramics Manufacturing....... 327122 Area source facilities
327111 that manufacture ceramic
327112 wall and floor tile,
vitreous plumbing
fixtures, sanitaryware,
vitreous china tableware
and kitchenware, and/or
pottery.
Glass Manufacturing............... 327211 Area source facilities
327212 that manufacture flat
327213 glass, glass containers,
and other pressed and
blown glass and
glassware.
Secondary Nonferrous Metals 331492 Area source brass and
Processing. 331423 bronze ingot making,
secondary magnesium
processing, or secondary
zinc processing plants
that melt post-consumer
nonferrous metal scrap
to make products,
including bars, ingots,
and blocks, or metal
powders.\2\
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\1\ North American Industry Classification System.
\2\ The Secondary Nonferrous Metals Processing area source category was
originally established under SIC code 3341, a broader classification
which included brass and bronze ingot makers. The corresponding NAICS
code for brass and bronze ingot makers is 331423.
[[Page 73181]]
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be affected by this
action. To determine whether your facility is regulated by this action,
you should examine the applicability criteria in 40 CFR 63.11435 of
subpart RRRRRR (national emissions standards for hazardous air
pollutants (NESHAP) for Clay Ceramics Manufacturing Area Sources), 40
CFR 63.11448 of subpart SSSSSS (NESHAP for Glass Manufacturing Area
Sources), and 40 CFR 63.11462 of subpart TTTTTT (NESHAP for Secondary
Nonferrous Metals Processing). If you have any questions regarding the
applicability of this action to a particular entity, consult either the
air permit authority for the entity or your EPA Regional representative
as listed in 40 CFR 63.13 of subpart A (General Provisions).
B. Where can I get a copy of this document?
In addition to being available in the docket, an electronic copy of
this final action will also be available on the Worldwide Web (WWW)
through the Technology Transfer Network (TTN). Following signature, a
copy of the final action will be posted on the TTN's policy and
guidance page for newly proposed or promulgated rules at the following
address: http://www.epa.gov/ttn/oarpg/. The TTN provides information and
technology exchange in various areas of air pollution control.
C. Judicial Review
Under section 307(b)(1) of the Clean Air Act (CAA), judicial review
of these final rules is available only by filing a petition for review
in the U.S. Court of Appeals for the District of Columbia Circuit by
February 25, 2008. Under section 307(d)(7)(B) of the CAA, only an
objection to these final rules that was raised with reasonable
specificity during the period for public comment can be raised during
judicial review. This section also provides a mechanism for us to
convene a proceeding for reconsideration, ``[i]f the person raising an
objection can demonstrate to EPA that it was impracticable to raise
such objection within [the period for public comment] or if the grounds
for such objection arose after the period for public comment (but
within the time specified for judicial review) and if such objection is
of central relevance to the outcome of the rule.'' Any person seeking
to make such a demonstration to us should submit a Petition for
Reconsideration to the Office of the Administrator, Environmental
Protection Agency, Room 3000, Ariel Rios Building, 1200 Pennsylvania
Ave., NW., Washington, DC 20460, with a copy to the person listed in
the preceding FOR FURTHER INFORMATION CONTACT section, and the
Associate General Counsel for the Air and Radiation Law Office, Office
of General Counsel (Mail Code 2344A), Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20004. Moreover, under
section 307(d)(7)(B) of the CAA, only an objection to these final rules
that 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 these
final rules may not be challenged separately in any civil or criminal
proceedings brought by EPA to enforce these requirements.
II. Background Information for Final Area Source Standards
Section 112(k)(3)(B) of the CAA requires EPA to identify at least
30 hazardous air pollutants (HAP) which, as the result of emissions
from area sources,\a\ pose the greatest threat to public health in
urban areas. Consistent with this provision, in 1999, in the Integrated
Urban Air Toxics Strategy, EPA identified the 30 HAP that pose the
greatest potential health threat in urban areas, and these HAP are
referred to as the ``urban HAP.'' See 64 FR 38706, 38715-716, July 19,
1999. Section 112(c)(3) requires EPA to list sufficient categories or
subcategories of area sources to ensure that area sources representing
90 percent of the emissions of the 30 urban HAP are subject to
regulation. EPA listed the source categories that account for 90
percent of the urban HAP emissions in the Integrated Urban Air Toxics
Strategy.\b\ Sierra Club sued EPA, alleging a failure to complete
standards for the source categories listed pursuant to CAA section
112(c)(3) and 112(k)(3)(B) within the timeframe specified by the
statute. See Sierra Club v. Johnson, No. 01-1537, (D.D.C.). On March
31, 2006, the court issued an order requiring EPA to promulgate
standards under CAA section 112(d) for those area source categories
listed pursuant to CAA section 112(c)(3) and 112(k)(3)(B).
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\a\ An area source is a stationary source of HAP emissions that
is not a major source. A major source is a stationary source that
emits or has the potential to emit 10 tons per year (tpy) or more of
any HAP or 25 tpy or more of any combination of HAP.
\b\ Since its publication in the Integrated Urban Air Toxics
Strategy in 1999, the area source category list has undergone
several amendments.
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Among other things, the court order, as amended on October 15,
2007, requires that EPA complete standards for 9 area source categories
by December 15, 2007. On September 20, 2007 (72 FR 53838), we proposed
NESHAP for the following three listed area source categories: (1) Clay
Ceramics Manufacturing; (2) Glass Manufacturing; and (3) Secondary
Nonferrous Metals Processing as part of our effort to meet the December
15, 2007 deadline. The standards for the other categories are being
issued in separate actions.
Under CAA section 112(d)(5), the Administrator may, in lieu of
standards requiring maximum achievable control technology (MACT) under
section 112(d)(2), elect to promulgate standards or requirements for
area sources ``which provide for the use of generally available control
technologies or management practices by such sources to reduce
emissions of hazardous air pollutants.'' Under section 112(d)(5), the
Administrator has the discretion to use generally available control
technology or management practices (GACT) in lieu of MACT. As explained
in the proposed NESHAP, we are setting standards for these three source
categories pursuant to section 112(d)(5). See 72 FR 53840, September
20, 2007.
III. Summary of Final Rules and Changes Since Proposal
This section summarizes the final rules and identifies changes
since proposal. For changes that were made as a result of public
comments, we have provided detailed explanations of the changes and the
rationale for the changes in the responses to comments in section V of
this preamble.
A. Area Source NESHAP for Clay Ceramics Manufacturing
1. Applicability and Compliance Dates
The only substantive changes to the Clay Ceramics rule made since
proposal are clarifications of applicability. There was an error in the
wording of the applicable compliance dates, and we have revised the
rule since proposal to clarify that an affected source is existing if
construction or reconstruction was commenced on or before September 20,
2007, and an affected source is new if construction or reconstruction
was commenced after September 20, 2007. These clarifications of
existing and new source are consistent with the definitions specified
in Sec. 63.2.
The final standards apply to any new or existing affected source at
a clay ceramics manufacturing facility that is an area source and uses
more than 45 megagrams per year (Mg/yr) (50 tons per year (tpy)) of
clay. The affected source are all kilns that fire glazed ceramic
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ware and all atomized spray glaze operations located at such a
facility.
The owner or operator of an existing affected source must comply
with the standards by December 26, 2007. The owner or operator of a new
affected source is required to comply with the standards by December
26, 2007 or upon startup, whichever is later.
2. Standards
The Clay Products Manufacturing area source category (which
included clay ceramics manufacturing) was listed for regulation under
section 112(c)(3) for its contribution of the following urban HAP:
chromium, lead, manganese, and nickel. No changes have been made since
proposal to the standards for clay ceramics manufacturing facilities.
For each kiln firing glazed ceramic ware, the final standards
require the facility owner or operator to maintain the kiln peak
temperature below 1540[deg]C (2800[deg]F) and either use natural gas,
or an equivalent clean-burning fuel, as the kiln fuel. The facility
owner or operator has the option of using an electric-powered kiln.
The requirements for atomized spray glaze operations at clay
ceramic manufacturing area source facilities differ depending on
whether a facility has annual wet glaze usage above or below 227 Mg/yr
(250 tpy). Consequently, we are requiring that the facility owner or
operator maintain annual wet glaze usage records in order to document
whether they are above or below 227 Mg/yr (250 tpy) wet glaze usage.
For each atomized spray glaze operation located at a clay ceramics
manufacturing facility that uses more than 227 Mg/yr (250 tpy) of wet
glaze(s), the final standards require the facility owner or operator to
have an air pollution control device (APCD) on their glazing operations
and operate and maintain the control device according to the equipment
manufacturer's specifications. As a pollution prevention alternative to
this requirement, we are also providing the option to use glazes
containing less than 0.1 (weight) percent clay ceramics metal HAP for
those facilities above the threshold, which is expected to provide
emissions reductions equivalent or greater than those obtained using
particulate matter (PM) controls.
For each atomized spray glaze operation located at a clay ceramics
manufacturing facility that uses 227 Mg/yr (250 tpy) or less of wet
glaze(s), the final standards require the facility owner or operator to
employ waste minimization practices in their glazing operations. In the
preamble to the proposed rule, we acknowledged that some of these
smaller facilities operate their atomized spray glaze operations with
APCDs or use glazes containing less than 0.1 (weight) percent clay
ceramics metal HAP. These alternative compliance options achieve
reductions in metal HAP emissions that are at least equivalent to the
metal HAP reductions from the waste minimization practices. Therefore,
the final rule includes the use of glazes containing less than 0.1
(weight) percent clay ceramics metal HAP or an APCD as alternative
compliance options for the waste minimization practices.
3. Compliance Requirements
No changes have been made since proposal to the compliance
requirements for clay ceramics manufacturing facilities.
Initial compliance demonstration requirements. The owner or
operator is required to include a compliance certification for the
standards in their Notification of Compliance Status. For any wet spray
glaze operations controlled with an APCD, an initial inspection of the
control equipment must be conducted within 60 days of the compliance
date and the results of the inspection included in the Notification of
Compliance Status.
Monitoring requirements. For each kiln firing glazed ceramic ware,
the final standards require the owner or operator to conduct a check of
the kiln peak firing temperature on a daily basis. If the peak firing
temperature exceeds 1540[deg]C (2800[deg]F), the owner or operator must
take corrective action according to the facility's standard operating
procedures.
For all sources that operate an APCD for their atomized spray glaze
operations, we are requiring daily and weekly visual APCD inspections,
daily EPA Method 22 visible emissions (VE) tests (40 CFR part 60,
appendix A-7), or an EPA-approved alternative monitoring program to
ensure that the APCD is kept in a satisfactory state of maintenance and
repair and continues to operate effectively.
The owner or operator is allowed to use existing operating permit
documentation to meet the monitoring requirements, provided it includes
the necessary monitoring records (e.g., the date, place, and time of
the monitoring; the person conducting the monitoring; the monitoring
technique or method; the operating conditions during monitoring; and
the monitoring results).
Notification and recordkeeping requirements. We are requiring that
affected sources submit Initial Notifications and Notifications of
Compliance Status according to the part 63 General Provisions.
Facilities must submit the notifications by April 24, 2008.
B. Area Source NESHAP for Glass Manufacturing
1. Summary of Changes Since Proposal
Applicability
We have revised the applicability criteria of the rule in Sec.
63.11448 to clarify that periodic or pot furnaces are not part of the
source category. The final rule applies only to glass manufacturing
plants that operate continuous furnaces and use one or more of the
glass manufacturing metal HAP as raw materials.
In light of the changes made to the applicability criteria in Sec.
63.11448, we added a new paragraph to Sec. 63.11449(a)(1), which
states that, to be an affected source, the furnace must be a continuous
furnace. We added a definition of ``continuous furnace'' to Sec.
63.11459 to further clarify how affected furnace is defined. We made an
additional revision to Sec. 63.11449(a) to clarify that, consistent
with the proposed rule, to be an affected source, a furnace must
produce least 45 Mg/yr (50 tpy) of glass that contains one or more of
the glass manufacturing metal HAP as raw materials. In the proposed
rule, it was unclear whether a furnace that is used to produce more
than 45 Mg/yr (50 tpy) of glass, but less than 45 Mg/yr (50 tpy) of
glass containing metal HAP as raw materials, would be an affected
source. The revision clarifies that such a furnace would not be an
affected furnace. Finally, we inserted a new paragraph Sec.
63.11449(b) to clarify that furnaces that are used exclusively for
research and development (R&D) are not part of the source category and
are therefore not subject to regulation under this final rule. We also
added a definition for ``research and development process unit'' to
Sec. 63.11459.
In addition, we identified an error in the wording of the
applicable compliance dates, and we have revised Sec. 63.11449 since
proposal to clarify that an affected source is existing if construction
or reconstruction was commenced on or before September 20, 2007, and an
affected source is new if construction or reconstruction was commenced
after September 20, 2007. These clarifications of existing and new
source are consistent with the definitions specified in Sec. 63.2.
Finally, we added a paragraph to the regulation to clarify that
affected facilities must obtain a title V permit.
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Performance Test Requirements
We revised Sec. 63.11452(a) by adding paragraph (a)(3), which
addresses the situation in which a facility operates affected furnaces
that are identical. The new paragraph allows the owner or operator to
demonstrate compliance for all such identical furnaces by testing only
one of the furnaces. The additional paragraph specifies the criteria
for determining if one furnace is identical to another and the
conditions under which the furnace must be tested.
Under Sec. 63.11452(b), we deleted paragraph (b)(2), which was
redundant and renumbered the remaining paragraphs accordingly. We
revised Sec. 63.11452(b)(8), which formerly was paragraph (b)(9), to
state that sampling ports for performance testing are to be located at
the outlet to the furnace control device or in the furnace stack. The
proposed rule was unclear regarding the exact location for emission
testing. We added an alternative test method to Methods 3, 3A, and 3B
for gas molecular weight analysis. We reorganized the paragraphs that
address testing for PM or metal HAP to clarify which procedures to
follow to determine compliance with the PM emission limit and which
procedures to follow to determine compliance with the metal HAP
emission limit. We also revised the definition of the metal HAP mass
emission rate in Equation 2, which is signified as the variable
``ERM''. This variable specifies which metals are to be included in the
analysis of the emission samples that are collected during testing. The
revised text clarifies that ERM represents the combined mass emission
rates for only those glass manufacturing metal HAP that are added as
raw materials in the batch formulation.
Monitoring and Continuous Compliance Requirements
We revised the monitoring requirements by adding paragraph Sec.
63.11454(a)(7), which specifies that the required monitoring must be
performed any time the affected furnace is producing glass that is
charged with one or more of the glass manufacturing metal HAP.
Monitoring also must be performed during all transition phases from
glass containing metal HAP to glass that does not contain metal HAP
(i.e., until all HAP-containing glass has left the furnace melter).
These transition phases encompass the period that begins when the plant
stops charging the metal HAP as raw materials and ends when the furnace
is producing a saleable product that does not contain the glass
manufacturing metal HAP as raw materials.
We revised Sec. 63.11455(c) to clarify that the continuous
compliance requirements apply whenever the affected furnace is
producing glass that contains one or more of the glass manufacturing
metal HAP, including any transition phases from metal HAP-containing
glass to glass that does not contain the metal HAP. We also revised
paragraph Sec. 63.11455(c) to clarify the monitoring requirements for
existing furnaces versus the monitoring requirements for new furnaces.
We further revised Sec. 63.11455 by adding paragraph (e) to clarify
the continuous compliance requirements for affected furnaces that can
meet the emission limits without the use of a control device. In such
cases, the only requirements for demonstrating continuous compliance is
to meet the applicable recordkeeping requirements specified in Sec.
63.11457.
Notifications
We have revised Sec. 63.11456 to simplify the section and clarify
that the deadline for submitting the Initial Notification is 120 days
after the furnace becomes subject to the rule, regardless of whether
the furnace is existing or new.
Definitions
We have revised several of the definitions specified in Sec.
63.11459 and added a number of new definitions to the section. We
revised the definition of cullet to clarify that cullet is not
considered a raw material when determining if a furnace is an affected
source. We revised the definition of a glass melting furnace, which is
defined in the final rule as the process unit in which raw materials
are charged and melted at high temperature to produce molten glass. The
previous definition included the raw material charging system and other
appendages to the furnace. However, the revised definition is
consistent with the procedures for testing furnaces to demonstrate
compliance. We revised the definition of particulate matter by
replacing the modifier ``total'' with ``filterable.'' This revision
makes the definition consistent with the test methods specified for
demonstrating compliance with the PM emission limit. Finally, we
revised the definition of raw material to clarify that it excludes
cullet and material that is recycled from the furnace control device.
To clarify the applicability requirements in Sec. Sec. 63.11448
and 63.11449, we added the definition of continuous furnace. To clarify
the performance testing requirements, we have added a definition for
furnace stack. We also added a definition for identical furnaces, which
pertains to the performance testing requirements for a facility that
operates more than one identical furnace. Finally, we added a
definition for research and development process unit. This definition
was needed to clarify in Sec. 63.11449(b) that furnaces used strictly
for R&D are not subject to regulation under this final rule. Glass
manufacturing furnaces used only for R&D were not part of the 1990
inventory and are not part of the listed source category.
Implementation and Enforcement Authority
We deleted paragraph Sec. 63.11460(c), which was redundant. We
also added a new paragraph (b)(2) to clarify that EPA retains the
authority for approving alternative test methods.
2. Summary of Final Rule
Applicability and Compliance Dates
This NESHAP applies to any glass manufacturing plant that is an
area source of HAP emissions and operates one or more continuous
furnaces which produce at least 45 Mg/yr (50 tpy) of glass per furnace
by melting a mixture of raw materials that includes compounds of one or
more of the glass manufacturing metal HAP. The rule does not apply to
periodic furnaces or furnaces that are used strictly for research and
development.
The compliance date for existing sources is December 28, 2009.
However, owners or operators of affected sources may request an
extension of one additional year to comply with the rule, as allowed
under section 112(i)(3)(B) of the CAA and under Sec. 63.6(i)(4)(A), if
the additional time is needed to install emission controls. The
compliance date for new sources is December 26, 2007 or the startup
date for the source, whichever is later. The compliance date for
facilities with no affected sources as of December 26, 2007 and which
later change processes or increase production and trigger applicability
of the rule, is 2 years following the date on which the facility made
the process changes or increased production and thereby became subject
to the NESHAP.
Standards
The Glass Manufacturing area source category was listed for
regulation under section 112(c)(3) for its contribution of the
following urban HAP: arsenic, cadmium, chromium, lead, manganese, and
nickel. The glass manufacturing final rule requires each new or
existing affected furnace to comply with a PM
[[Page 73184]]
emission limit of 0.1 gram per kilogram (g/kg) (0.2 pound per ton (lb/
ton)) of glass produced or an equivalent metal HAP emission limit of
0.01 g/kg (0.02 lb/ton) of glass produced.
Performance Testing
This final rule requires an initial one-time performance test on
each affected furnace unless the furnace had been tested during the
previous 5 years, and the previous test demonstrated compliance with
the emission limits in this rule using the same test methods and
procedures specified in this rule. This final rule requires testing
using EPA Methods 5 or 17 (for PM emissions) or EPA Method 29 (for
metal HAP emissions) in 40 CFR part 60, appendix A. This final rule
also allows the owner or operator of affected identical furnaces to
test only one of the furnaces if certain conditions are met.
Monitoring
The owner or operator of an existing affected glass furnace that is
controlled with an electrostatic precipitator (ESP) must monitor the
secondary voltage and secondary electrical current to each field of the
ESP continuously and record the results at least once every 8 hours.
The owner or operator of a new affected furnace equipped with an ESP
must install and operate one or more continuous parameter monitoring
systems to continuously measure and record the secondary voltage and
secondary electrical current to each field of the ESP. Either of these
parameters dropping below established levels provides an indication
that the electrical power to the ESP field in question has decreased,
and collection efficiency may have decreased accordingly.
Owners or operators of an existing affected glass furnace that is
controlled with a fabric filter must monitor the fabric filter inlet
temperature continuously and record the results at least once every 8
hours. The owner or operator of a new affected furnace that is equipped
with a fabric filter must install and operate a bag leak detector.
As an alternative to monitoring ESP secondary voltage and
electrical current or fabric filter inlet temperature, owners or
operators of affected furnaces equipped with either of these control
devices have the option of requesting alternative monitoring, as
allowed under Sec. 63.8(f). The alternative monitoring request must
include a description of the monitoring device or monitoring method to
be used; instrument location; inspection procedures; quality assurance
and quality control measures; the parameters to be monitored; and the
frequency with which the operating parameter values would be measured
and recorded. The owner or operator of an affected furnace that is
equipped with a control device other than an ESP or fabric filter, or
that uses other methods to reduce emissions, must submit a request for
alternative monitoring, as described in Sec. 63.8(f).
Control Device Inspections
The owner or operator of an affected furnace must conduct initial
and periodic inspections of the furnace control device. For fabric
filters, the final rule requires annual inspections of the ductwork,
housing, and fabric filter interior. For electrostatic precipitators,
this final rule requires annual inspections of the ductwork, hopper,
and housing, and inspections of the ESP interior every 2 years.
Notification and Recordkeeping
Owners and operators of all affected glass manufacturing plants
that operate at least one continuous furnace that produces at least 45
Mg/yr (50 tpy) of glass using any of the glass manufacturing metal HAP
as raw materials must submit an Initial Notification, as required under
Sec. 63.9(b). Any facility with an affected source also must submit a
Notification of Compliance Status, as specified in Sec. 63.9(h).
Owners and operators of glass manufacturing facilities are required
to keep records of all notifications, as well as supporting
documentation for the notifications. In addition, they must keep
records of performance tests; parameter monitoring data; monitoring
system audits and evaluations; operation and maintenance of control
devices and monitoring systems; control device inspections; and glass
manufacturing batch formulation and production.
C. Area Source NESHAP for Secondary Nonferrous Metals Processing
1. Applicability and Compliance Dates
There was an error in the wording of the applicable compliance
dates, and we have revised the rule since proposal to clarify that an
affected source is existing if construction or reconstruction was
commenced on or before September 20, 2007, and an affected source is
new if construction or reconstruction was commenced after September 20,
2007. These clarifications of existing and new sources are consistent
with the definitions specified in Sec. 63.2.
The final standards apply to any new or existing affected source at
an area source secondary nonferrous metals processing facility. The
affected source includes all crushing or screening operations at a
secondary zinc processing facility and all furnace melting operations
located at a secondary nonferrous metals processing facility.
The owner or operator of an existing affected source must comply
with the standards by December 26, 2007. The owner or operator of a new
affected source is required to comply with the standards by December
26, 2007, or upon initial startup, whichever is later.
2. Standards
The Secondary Nonferrous Metals Processing area source category was
listed for regulation under section 112(c)(3) for its contribution of
the following urban HAP: arsenic, chromium, lead, manganese, and
nickel. We proposed to require the use of a fabric filter or baghouse
that achieves a PM control efficiency of 99 percent for existing
sources and 99.5 percent for new sources. Since our proposal, we
learned that a facility had insufficient inlet ductwork to conduct a
performance test for determining collection efficiency. The facility
requested that we add an alternate emission limit expressed as an
outlet concentration limit to the final standards.
As we noted in the proposed rule, the 10 existing facilities
reported using baghouses on crushing or screening operations at
secondary zinc facilities and on furnace melting operations at all
facilities and that such baghouses performed at a PM collection
efficiency of at least 99 percent or achieved an outlet PM
concentration not exceeding 0.050 grams per dry standard cubic meter
(g/dscm) (0.022 grains per dry standard cubic foot (gr/dscf)) where
collection efficiency was not reported. Based on available outlet
concentration data from ICR responses in the proposal docket and
consideration of baghouse performance at similar sources, we have
determined that limiting outlet PM concentrations to 0.034 g/dscm
(0.015 gr/dscf) and 0.023 g/dscm (0.010 gr/dscf) would control PM and
metal HAP emissions at levels that are equivalent to the levels of
control from using a baghouse with a control efficiency of 99 and 99.5
percent, respectively. Because both the proposed control efficiency
standards and the equivalent outlet concentration limits reflect the
GACT levels of control, we have revised the proposed standards to
include the outlet concentration limits as alternatives to the control
efficiency standards.
The final standards require the owner or operator of an existing
affected source
[[Page 73185]]
to route the emissions from the affected source through a fabric filter
or baghouse that achieves a control efficiency of at least 99.0 percent
or an outlet PM concentration limit of 0.034 g/dscm (0.015 gr/dscf).
The owner or operator of a new affected source must route the emissions
from the affected source through a fabric filter or baghouse that
achieves a control efficiency of at least 99.5 percent or an outlet PM
concentration limit of 0.023 g/dscm (0.010 gr/dscf).
3. Compliance Requirements
Performance test requirements. The owner or operator of any
existing or new affected source must conduct a one-time initial
performance test on the affected source. However, a new performance
test is not required for existing affected sources that were tested
within the past 5 years of the compliance date if the test was
conducted using the same procedures specified in the standards and
either no process changes had been made since the test, or the owner or
operator demonstrates that the results of the performance test, with or
without adjustments, reliably demonstrated compliance despite process
changes. The tests for new and existing affected sources are to be
conducted using EPA Method 5 in 40 CFR part 60, appendix A-3 or EPA
Method 17 in 40 CFR part 60, appendix A-6.
Initial control device inspection. The owner or operator of each
existing and new affected source is required to conduct an initial
inspection of each baghouse. The owner or operator must visually
inspect the system ductwork and baghouse unit for leaks and inspect the
inside of each baghouse for structural integrity and fabric filter
condition. The owner or operator must record the results of the
inspection and any maintenance action taken.
For each installed baghouse which is in operation during the 60
days after the compliance date, the owner or operator must conduct the
initial inspection no later than 60 days after the applicable
compliance date. For an installed baghouse which is not in operation
during the 60 days after the compliance date, the owner or operator is
required to conduct an initial inspection prior to startup of the
baghouse. An initial inspection of the internal components of a
baghouse is not required if an inspection has been performed within the
past 12 months.
Monitoring requirements. For existing affected sources, the owner
or operator must conduct either daily visible emission (VE) tests using
EPA Method 22 (40 CFR part 60, appendix A-7) or weekly visual
inspections of the baghouse system ductwork for leaks, as well as
annual inspections of the interior of the baghouse to determine its
structural integrity and to determine the condition of the fabric
filter. For new affected sources, the owner or operator must operate
and maintain a bag leak detection system for each baghouse used to
comply with the standards. The final standards require the owner or
operator to keep records of the date, place, and time of the
monitoring; the person conducting the monitoring; the monitoring
technique or method; the operating conditions during monitoring; and
the monitoring results.
Notification and recordkeeping requirements. The owner or operator
of an affected source must submit an Initial Notification and
Notification of Compliance Status. The Notification of Compliance
status must include, among other information, the results from the one-
time initial performance test and certifications of compliance for the
standards. We proposed to require facilities to submit both
notifications no later than 120 days after the applicable compliance
date regardless of whether they were required to conduct a performance
test. Since our proposal, we discovered that, although we had intended
to allow sources 180 days from the compliance date to conduct the
initial performance test and an additional 60 days to submit the
results of the performance test, the proposed rule implicitly shortened
that time frame by 120 days because it required that the Notification
of Compliance status include the performance test results and be
submitted within 120 days of the compliance date. Therefore, to afford
sources the full time to conduct the performance test and submit the
results of the testing, we have revised our proposal in this final rule
to require that sources required to do performance testing submit the
Notification of Compliance Status before the close of business of the
60th day following the completion of a performance test.
IV. Exemption of Certain Area Source Categories From Title V Permitting
Requirements
We did not receive any comments on our proposal to exempt
facilities in the Clay Ceramics and Secondary Nonferrous Metals
Processing area source categories from title V permitting requirements.
Therefore, this final rule does not require facilities in these source
categories to obtain an operating permit under 40 CFR part 70 or part
71.
The proposed Glass Manufacturing Area Source NESHAP would have
required affected facilities to obtain title V permits. Although we
received public comments requesting that we exempt the Glass
Manufacturing Area Source Category from title V, we are finalizing the
approach in the proposed rule and are not exempting the source category
from title V. The reasons for this decision are summarized in this
notice in the Summary of Comments and Responses section for the Area
Source NESHAP for Glass Manufacturing.
V. Summary of Comments and Responses
A. Area Source NESHAP for Clay Ceramics Manufacturing
Comment: One commenter noted that the intent of the CAA, as it
relates to the Area Source Program, was to bring about reductions in
HAP emissions from area sources. The commenter expressed disappointment
that some of the rules proposed under the Area Source Program (e.g.,
Clay Ceramics Manufacturing) will not result in emissions reductions
and recommended that future area source rules incorporate provisions
that will provide additional public health protection from the effects
of HAP emissions from area sources.
Response: As previously explained, we have determined that GACT for
the Clay Ceramics Manufacturing area source category is (1) maintaining
the peak firing temperatures of kilns firing glaze ceramic ware below
1540 [deg]C (2800 [deg]F), (2) implementing the equipment requirement
(wet control systems for PM emissions) for glaze spray booths at
facilities with wet glaze usage above 227 Mg/yr (250 tpy), and (3)
implementing the waste minimization practices for glaze spray booths at
facilities with wet glaze usage at or below 227 Mg/yr (250 tpy). The
use of PM controls and waste minimization practices has been shown to
be very effective in controlling PM and metal HAP emissions from this
area source category. Keeping kiln peak firing temperatures below the
volatilization temperatures of the clay ceramics metal HAP in the spray
glazes would also be effective in preventing volatilization of the clay
ceramics metal HAP.
The commenter does not challenge any aspect of EPA's proposed GACT
determination for this area source category. Instead, the commenter
makes a blanket assertion that EPA is not acting consistently with the
purposes of the area source provisions in the CAA (i.e., sections
112(c)(3) and 112(k)(3)(B)), because it is not requiring emission
reductions beyond the level that is currently being achieved from this
well-controlled source category. In support of this assertion, the
commenter compares the requirements in the proposed rule to
[[Page 73186]]
the area source category's current emission and control status. Such a
comparison is flawed and irrelevant.
Congress promulgated the relevant CAA area source provisions in
1990 in light of the level of area source HAP emissions at that time.
Congress directed EPA to identify not less than 30 HAP which, as a
result of emissions from area sources, present the greatest threat to
public health in the largest number of urban areas, and to list
sufficient area source categories to ensure that sources representing
90 percent of the 30 listed HAP are subject to regulation. As explained
in the Integrated Urban Air Toxics Strategy, EPA based its listing
decisions on the baseline National Toxics Inventory (NTI) that the
Agency compiled for purposes of implementing its air toxics program
after the 1990 CAA Amendments (64 FR 38706, 38711, n.10). The baseline
NTI reflected HAP emissions from clay manufacturing area sources in
1990. Thus, contrary to the commenter's suggestion, the relevant
emission level for comparison is the emission level reflected in our
baseline NTI, not the current emission level.
Furthermore, in promulgating the area source provisions in the CAA,
Congress did not require EPA to issue area source standards that must
achieve a specific level of emission reduction. Rather, Congress
authorized EPA to issue standards under section 112(d)(5) for area
sources that reflect GACT for the source category. To qualify as being
generally available, a GACT standard would most likely be an existing
control technology or management practice. Thus, it is not surprising
that the GACT standard being finalized today codifies the existing
effective HAP control approach being used by sources in the category.
For the reasons stated above, this final rule is consistent with
sections 112(c)(3), 112(k)(3)(B), and 112(d)(5).
B. Area Source NESHAP for Glass Manufacturing
1. Definition of Source Category
Comment: Three commenters from companies that make stained glass
commented that they own small facilities that operate, with one
exception, small periodic furnaces (pot furnaces) that are charged with
small amounts of the glass manufacturing metal HAP. They claim that
their furnaces would be subject to the emission standards because they
use the metal HAP and exceed the 45 Mg/yr (50 tpy) threshold. However,
these companies allege that the costs of installing controls on their
furnaces could put them out of business. One commenter stated that some
artisans and schools also would be subject to the proposed rule based
on the applicability criteria. Two of the commenters suggested that the
rule exempt small businesses due to the burden that would result from
complying with the proposed requirements. One commenter stated that the
rule was based on an analysis of the glass manufacturing industry using
data on large continuous furnaces that did not account differences in
the manufacturing process and emissions associated with stained glass
manufacturing. The commenter stated that the rule should exempt
periodic furnaces.
Response: After reviewing the emissions inventory in support of the
listing decisions made pursuant to sections 112(c)(3) and 112(k) and
available information, we have concluded that the glass manufacturing
area source category was listed based on emissions from relatively
large manufacturing plants that operated continuous glass furnaces.
Periodic furnaces were not included in the inventory.
The 45 Mg/yr (50 tpy) threshold that was proposed was meant to
define the source category to include only these large manufacturers,
but did not properly reflect this criterion. Therefore, we have revised
Sec. 63.11448 to specify that periodic or pot furnaces are not subject
to the final Glass Manufacturing Area Source NESHAP. We believe this
revision will address most of the concerns of the stained glass
manufacturing sector as well as other sectors and organizations, such
as artisans, schools, studios, and other small facilities that produce
glass using periodic furnaces.
Comment: One commenter stated that flat glass should be excluded
from the area source category for several reasons. According to the
commenter, flat glass was not identified in the Integrated Urban Air
Toxics Strategy as a source category for regulation. Therefore, the
commenter suggests that EPA cannot regulate the flat glass industry
under an area source standard. The commenter added that the
administrative record refers only to pressed and blown glass, which has
different Standard Industrial Classification (SIC) and North American
Industrial Classification System (NAICS) codes than does flat glass
manufacturing. The commenter also stated that the administrative record
lacks evidence that flat glass manufacturers emit significant
quantities of Urban HAP. The commenter pointed out that the Arsenic
NESHAP does not apply to flat glass manufacturing for this same reason.
Finally, the commenter stated that the proposed rule would not require
any flat glass manufacturing plants to install or operate emission
control devices.
Response: As explained in the Federal Register Notice announcing
the Integrated Urban Air Toxics Strategy (64 FR 38707, July 19, 1999),
the process of listing area source categories for regulation would be
an iterative ongoing approach that would be refined and modified as we
obtained better data on emissions. Furthermore, as indicated in section
112(e)(4) of the CAA, the listing of a particular source category is
not considered final agency action until we issue emission standards
for that source category. Therefore, the source category listing is not
necessarily limited only to those sources initially identified by the
listing. We considered this authority in light of the legislative
history regarding glass manufacturing. The flat glass industry sector
has always been part of the glass manufacturing industry, as evidenced
by environmental statutes including the glass New Source Performance
Standard (NSPS), the Arsenic NESHAP, as well as numerous State rules
nationwide. Our study of the glass manufacturing industry includes
container glass, pressed and blown glass, and flat glass sectors; these
are generally similar with respect to the types of raw materials used
and furnaces used to melt those raw materials.
Regarding the comment that the administrative record lacks evidence
that flat glass manufacturers emit significant quantities of Urban HAP,
we point out that the record does show that some flat glass plants emit
some of the glass manufacturing metal HAP. Because several flat glass
manufacturers do use the glass manufacturing metal HAP in their
formulations, and emit metal HAP as a result, because the raw materials
and the melting process are the focal points of the proposed Glass
Manufacturing Area Source NESHAP, and because of evidence in the
legislative history, we determined that it was appropriate to include
flat glass within the area source category.
Based on our knowledge of the flat glass industry, the commenter is
correct that no existing flat glass plants would have to install
additional controls to comply with this final rule. However, there are
existing flat glass plants that use the metal HAP as raw materials and
will be subject to the other requirements of this final rule. Our data
indicate these plants currently meet the emission limits and keep
detailed records. Therefore, their additional burden as a result of
this final rule is only related to notifications, which we believe are
[[Page 73187]]
justified. The notification requirements apply only if the plant uses
one or more of the glass manufacturing metal HAP as raw materials; if
the plant does not use any of the glass manufacturing metal HAP, this
final rule does not apply. In the event that other flat glass
manufacturers decide to change their current glass formulations to
include metal HAPs, it is appropriate that those flat glass plants be
subject to this final rule. Even in such an instance, an existing
facility that changed their formulation such that it became subject to
the requirements of the rule would have 2 years following the
formulation change to comply with this final rule. For these reasons,
we have concluded that inclusion of flat glass manufacturers in the
Glass Manufacturing Area Source Category is warranted.
Comment: One commenter requested clarification that the proposed
rule applies only to area sources and not major sources of HAP
emissions.
Response: As specified in Sec. 63.11448, the Glass Manufacturing
Area Source NESHAP applies only to area sources of the glass
manufacturing metal HAP.
2. Definition of Affected Source
Comment: Two commenters stated that, although the 45 Mg/yr (50 tpy)
furnace threshold was meant to exclude small manufacturers, the
proposed threshold is less than the amounts that some stained glass
manufacturers, glass studios, and schools produce. The commenters
believe that a higher threshold level is warranted to ensure that the
small facilities that were meant to be excluded would not be subject to
this final rule.
Response: Although we considered revising the definition of
affected source in response to the commenters' concerns, we have no
data to indicate a specific higher threshold and why that threshold
would be more appropriate than the 45 Mg/yr (50 tpy) level specified in
the proposed rule. However, based on our review of the comments
received on the proposed rule and the available data, we have decided
to clarify that this final rule only applies to continuous furnaces and
not to periodic furnaces. We believe this clarification ameliorates the
commenters' concerns regarding the production threshold. In this final
rule, we have revised Sec. 63.11448 to apply only to facilities that
use continuous furnaces to produce glass.
Comment: Two commenters expressed concern with the definition of
affected source (i.e., furnace). Both commenters stated that the
definition in the proposed rule, which was adopted from 40 CFR 60,
subpart CC, Standards of Performance for Glass Manufacturing Plants
(Glass NSPS), defines furnace to include the ``raw material charging
system'' and ``appendages for conditioning and transferring molten
glass to forming machines.'' One commenter pointed out that, in the
proposed rule, compliance is demonstrated by testing the furnace stack.
However, emissions from the ``charging system'' or ``appendages'' are
not generally ducted to the furnace stack. The commenter stated that
furnace was defined as it was in the NSPS to clarify what constitutes a
modification; the definition was not meant to identify emission points
or where stack testing should be performed. The other commenter
explained that one of the company's plants adds colored frit to the
molten glass in the forehearth, which is one of the ``appendages''
referenced in the definition of furnace. The commenter pointed out that
emissions from the forehearth are not ducted to the furnace stack.
Since the GACT analysis for glass furnaces was based on emissions from
furnace stacks, the proposed emission limits should not apply to
emissions from forehearths.
Response: In developing the proposed rule, we determined GACT for
this source category based on technology used to reduce emissions from
glass melting furnace stacks. Glass furnace stacks generally exhaust
emissions from the furnace melter, which is the part of the furnace
where raw materials are charged and melted. Although furnace stacks may
also exhaust emissions from other parts of, or appendages to, the
furnace, it was our intent to regulate emissions from the furnace
melter. This is consistent with our understanding of the emissions
profile of glass manufacturing raw materials; that is, metal HAP are
emitted from glass furnaces upon the initial melting step. Later
remelting of glass, such as cullet and frit, does not re-emit the metal
HAP once the glass has been formed or vitrified.
To clarify this requirement, we have revised Sec. 63.11459 of this
final rule to redefine the glass melting furnace as the ``* * * process
unit in which raw materials are charged and melted at high temperature
to produce molten glass.'' In addition, we have added to Sec. 63.11459
a definition of furnace stack as the conduit or conveyance through
which emissions from the furnace melter are released to the atmosphere.
We also have revised Sec. 63.11452 in this final rule to clarify that
compliance with the emission limits is determined by testing the
furnace stack.
Comment: One commenter requested that the rule exempt furnaces that
are used strictly for R&D.
Response: We agree with the commenter that this final rule should
clarify that sources that are used exclusively for R&D purposes are not
regulated by this rule because these sources were not part of the
inventory. Therefore, we have added a provision to Sec. 63.11449 that
clarifies that such furnaces are not covered by this final rule. We
also have added to Sec. 63.11459 of this final rule a definition for
research and development process units.
Comment: Three commenters stated that the rule should specify a de
minimis level for metal HAP usage, below which plants would have no
requirements. Two of the commenters suggested setting annual de minimis
levels for each regulated HAP, below which the rule limit would not
apply.
Response: With respect to the use of the glass manufacturing metal
HAP in relatively small amounts, the proposed 0.01 g/kg (0.02 lb/ton)
metal HAP emission limit should address the commenters' concerns. If
metal HAP are added to the batch in very small amounts, compliance with
the HAP emission limit could be achieved without having to install a
control device on the affected furnace.
It is appropriate under the area source program that glass
manufacturers using large amounts of metal HAP in their furnaces
install controls to reduce those emissions. Therefore, we have
concluded that if would not be appropriate to develop de minimis levels
for metal HAP usage.
Comment: One commenter stated that the rule does not define
reconstruction as it pertains to reconstructed sources. The commenter
suggested that the NSPS definition of reconstruction be adopted or
incorporated by reference.
Response: Although the proposed rule did not define reconstruction,
Sec. 63.11472 states that the definitions specified in the CAA and
Sec. 63.2 of the General Provisions to part 63 also apply to the
proposed rule. This is the definition of reconstruction that applies to
all part 63 standards. Therefore, we believe it is the appropriate
definition for the Glass Manufacturing Area Source NESHAP.
Comment: One commenter addressed the applicability of the proposed
rule for furnaces that are used both for making glass that does not
contain metal HAP and glass that contains metal HAP. The commenter
asked if the 45 Mg/yr (50 tpy) threshold that defines an affected
source is based only on the amount of HAP-containing glass produced or
on the total amount of glass produced, even
[[Page 73188]]
if the amount of HAP-containing glass was less than 45 Mg/yr (50 tpy).
Response: It was our intent for the rule to apply to furnaces that
produce at least 45 Mg/yr (50 tpy) of glass that contains one or more
of the glass manufacturing metal HAP as raw materials. Therefore, a
furnace that produces more than 45 Mg/yr (50 tpy) of glass would not be
subject to this final rule if the amount of HAP-containing glass
produced in the furnace were less than 45 Mg/yr (50 tpy). We have
revised the definition of affected source in Sec. 63.11449 to clarify
that a source is an affected source only if it produces at least 45 Mg/
yr (50 tpy) of glass that contains one or more of the metal HAP as raw
materials.
3. Regulated Pollutants
Comment: One commenter stated that the rule should not regulate
arsenic because arsenic emissions are already regulated under the Glass
Arsenic NESHAP. The commenter believes that the requirements for both
rules will create overlapping and sometimes conflicting requirements.
The commenter added that the reporting and recordkeeping burden for a
second rule to regulate the same pollutant would be excessive.
Response: The listing of glass manufacturing as an area source
category was based in part on arsenic, which was identified in the
section 112(k) inventory as one of the HAP emitted by glass
manufacturing facilities. Therefore, we are required under sections
112(c)(3) and (d) of the CAA to regulate emissions of arsenic from
glass manufacturing plants that are area sources of HAP based on GACT
for the glass manufacturing industry.
With respect to the burden associated with complying with both
rules, we have tried to minimize the burden associated with the Glass
Manufacturing Area Source NESHAP. This final rule will require affected
plants to submit an Initial Notification and a Notification of
Compliance Status, but will require no additional reporting.
Furthermore, the recordkeeping requirements are similar for both the
proposed rule and the Glass Arsenic NESHAP. Therefore, we disagree that
the reporting and recordkeeping burden associated with complying with
both rules will be excessive. With respect to monitoring, the Glass
Area Source NESHAP allows affected sources to request approval of
alternative monitoring, which likely would result in no changes to the
monitoring that is currently performed to comply with the Glass Arsenic
NESHAP. In terms of testing, the Glass Area Source NESHAP requires only
a one-time test and includes a provision for using data from a previous
emission test conducted within the last 5 years, if the test
demonstrates compliance with the emission limits specified in the Glass
Area Source NESHAP.
4. Title V Permitting
Comment: Two commenters addressed EPA's decision to not exempt the
Glass Manufacturing Area Source Category from title V permitting. Both
commenters disagreed with the statement in the preamble to the proposed
rule that all of the facilities that would be affected by the proposed
rule are already subject to title V. One commenter stated that at least
one of the company's facilities, which is not subject to title V, would
be subject to the proposed rule. The commenter also stated that EPA's
reasons for exempting the Clay Ceramics Manufacturing and Secondary
Nonferrous Metals Processing Source Categories from title V permitting
also apply to the Glass Manufacturing Source Category. The other
commenter stated that the company operates two plants that are not
currently subject to title V, each with a furnace that would be subject
to the proposed rule. Although both furnaces are scheduled for
shutdown, the company may reconsider this decision to shut them down if
market conditions change. The same commenter stated that it is possible
that there are other non-title V facilities that would be subject to
the proposed rule, and that it appears it was EPA's intent for the
proposed rule to not cause additional facilities to become subject to
title V. Both commenters requested that the proposed rule provide title
V exemptions for facilities that are not currently subject to title V
permitting.
Response: Section 502(a) of the CAA requires sources subject to
regulation under section 112 of the CAA to obtain a permit to operate.
However, Section 502(a) authorizes the Administrator, in his
discretion, to ``promulgate regulations to exempt one or more source
categories (in whole or in part) from the requirement of (title V) if
the Administrator finds that compliance with such requirements is
impracticable, infeasible, or unnecessarily burdensome on such
categories * * *.'' EPA promulgated a rule interpreting section 502(a)
and therein stated that EPA may only exempt a category from title V
permitting if we find compliance to be ``impracticable, infeasible, or
unnecessarily burdensome'' and we determine that exempting the category
would not adversely affect public health, welfare, or the environment
(see 70 FR 75,320, 75,323 (Dec. 19, 2005)). Nowhere in the rule did we
establish a presumption in favor of exempting sources from title V
permitting, and the statute leaves such determinations to the
discretion of the Administrator.
The commenters have identified three glass manufacturer area source
plants that are currently not subject to the operating permit
requirements of CAA title V, which renders incorrect our assertion at
proposal that all glass manufacturers that would be subject to this
final rule were already subject to title V requirements.
Notwithstanding this error, comments and other information in the
record for this rulemaking do not demonstrate that compliance with
title V permitting would be impracticable, infeasible, or unnecessarily
burdensome for the sources in this category. Other than these two
comments, we did not receive information during the comment period
indicating that there are other sources that will be subject to this
rule that do not have title V permits already. In this case, more than
80 percent of the sources in the category have title V permits, and of
the 3 facilities that do not have such permits, the affected furnaces
at two of those facilities are currently scheduled for shutdown. Based
on these facts, it is not readily apparent why it would be
impracticable, infeasible, or unnecessarily burdensome for sources in
this category to comply with the title V requirements.
The two commenters that opposed our decision to not exempt the
Glass Manufacturing Area Source Category from title V permitting did
not identify their plants in question, did not explain how those plants
differed in any way from other plants in this category that currently
hold a title V permit, and did not explain how those differences would
be relevant to the criteria for an exemption from title V.
For example, one commenter supported its request for exempting its
two plants from title V by stating a desire for flexibility in the
event that one or more of the affected furnaces at the plants actually
do not shut down. (As noted above, the commenter's current plan is to
shut down the affected furnaces at these two facilities.) Source
flexibility, while important, is not a factor EPA considers in
determining whether to exempt a source from title V permitting
requirements.
The second commenter seeking a title V exemption for the glass
manufacturing source category asserted that the reasons for exempting
the other two source categories addressed in today's notice (Clay
Ceramics Manufacturing and Secondary Non-ferrous Metals
[[Page 73189]]
Processing area sources) applied equally to this category. The
commenter, however, offered no information substantiating this
assertion, and we cannot dismiss obvious differences between the glass
manufacturing source category and the source categories which received
a title V exemption. These differences include whether most of the
category already has a title V permit and whether most of the category
is composed of small businesses that would incur economic hardship were
title V requirements imposed on them.
The decision to exempt a source category is made on a case-by-case
basis according to the facts of the industry. According to information
we have collected on the glass manufacturing area source category, we
conclude, in the absence of contrary information, that a title V
exemption for this area source category is not warranted. Therefore, in
light of the lack of information supporting an exemption of this source
category from the title V requirements, we have not exempted the Glass
Manufacturing Area Source Category from title V under today's rule.
5. Emission Limits
Comment: One commenter stated that, although emissions from glass
furnaces vary by the type of glass produced, the proposed emission
limits do not account for the relationship between PM emissions and
glass type. The commenter noted that the Glass NSPS accounts for these
differences by specifying different PM emission limits depending on the
glass formulation and fuel type. The commenter explained that the
differences in PM emissions result from differences in the
volatilization rate of the constituents of the glass recipe. The
commenter suggested that the proposed rule adopt the NSPS emission
limits to account for these differences and to avoid confusion.
Response: While the Glass NSPS does regulate glass manufacturing
furnaces for emissions of PM, the purpose of the proposed area source
NESHAP is to address metal HAP emissions from continuous glass
manufacturing furnaces.
Section 112(d)(5) of the CAA requires us to develop emission limits
to reduce HAP emissions from area sources based on GACT. For the Glass
Manufacturing Area Source Category, we determined GACT to be the level
of control achieved by an ESP. In developing the PM emission limit for
the proposed rule, our approach was to consider all of the available
data on ESP-controlled PM emissions from glass manufacturing furnaces.
Those data do not indicate that the variations in PM emissions due to
glass formulation that are reflected in the emission limits of the
Glass NSPS are appropriate for this rule. For example, the NSPS
emission limits (in the format of PM emission factors) are higher for
pressed and blown glass formulations than for container or flat glass
formulations. However, the data used in developing the proposed PM
emission limit do not indicate that controlled PM emissions from
pressed and blown glass furnaces are higher than PM emissions from
container or flat glass furnaces. In fact, the data with the lowest
emission factors are from controlled pressed and blown glass furnaces.
Although there are several possible explanations for this discrepancy,
we point out that the NSPS emission limits are based on data from the
1970s and may not be representative of current glass manufacturing
furnace PM emissions and control device performance. In conclusion, we
developed the proposed PM emission limit based on the best available
data, and because those data do not indicate variations in controlled
PM levels due to glass formulation, we are not adopting the NSPS
emission limits or differentiating by glass formulation, as suggested
by the commenter.
Comment: One commenter pointed out that many existing glass
furnaces comply with the Glass NSPS using modified processes without
having to install emission controls. The commenter urged EPA to
consider incorporating in this final rule the alternate emission limits
for modified processes established in the NSPS. The commenter explained
that the cost to retrofit a glass furnace with a control device is
prohibitive, particularly in view of the amount of metal HAP reduced by
such controls.
Response: The Glass NSPS defines modified process as ``* * * any
technique designed to minimize emissions without the use of add-on
pollution controls.'' Thus, even though the regulated pollutant for the
Glass NSPS is PM, the term ``modified process'' can apply to emissions
of any pollutant. Several glass manufacturing furnaces subject to the
NSPS have used this provision for meeting the less stringent PM
emission limits for modified processes by installing controls or
process modifications to reduce emissions of other pollutants, such as
nitrogen oxides (NOX). However, under Section 112(d) of the
CAA, we are required to establish area source standards specifically
for emissions of the Urban HAP. Furthermore, we are required to base
those emission standards on GACT. As noted above, we determined GACT
for this source category based on the level of control achieved by an
ESP in controlling metal HAP emissions, and for controlling PM
emissions as a surrogate for metal HAP emissions.
We understand that the costs of installing an ESP or equivalent
control device on a glass furnace can be high. For example, we estimate
the capital costs for installing a control device on a typical
container furnace to be $800,000. However, our economic analysis of the
industry indicates that the compliance costs for this final rule would
be no more than 1 percent of sales, which we do not consider to be
prohibitive. Although the metal HAP emissions reductions from an
affected facility may be relatively low in terms of control costs, we
note that, for facilities that use very small amounts of metal HAP in
their glass formulations, the 0.01 g/kg (0.02 lb/ton) metal HAP
emission limit can be met without having to install a control device.
Finally, in addition to reductions in HAP emissions, the Glass
Manufacturing Area Source NESHAP also will achieve significant
reductions in fine PM emissions and will result in significant health
benefits as a result of those reductions.
Comment: One commenter stated that the proposed rule should
incorporate factors to account for emissions during periods of low
production, similar to the ``zero production rate'' factors specified
in the Glass NSPS. The commenter reasoned that, without these factors,
there will be confusion. Although the PM emission limit in the proposed
rule (0.1 g/kg (0.2 lb/ton)) is the same as the NSPS limit for
container glass furnaces and for soda lime and lead pressed and blown
glass furnaces, the NSPS includes the zero production rate factor,
whereas the proposed rule does not incorporate such a factor.
Response: We appreciate the need to avoid confusion and to promote
clarity in rulemaking, and we are sensitive to the need to implement
the rule with easily understood materials and clear instruction. To
that end, EPA currently plans to provide implementation guidance to
minimize confusion that may be caused by the applicability of three
Federal air pollution regulations that apply to this industry sector:
the Arsenic NESHAP, the Glass NSPS, and this Area Source NESHAP.
However, we have concluded that it would not be appropriate to
incorporate one or more zero production rate factors in the final rule
as suggested by the commenter. As specified in Sec. 63.11452(b)(4),
compliance with the emission limits in the proposed rule must be
determined
[[Page 73190]]
through emission testing when the furnace is operating at maximum
production rate. Therefore, emission levels when the furnace is
operating at low production rates are not relevant with respect to
compliance with the emission limits. If the rule were to require
demonstrating compliance with the emission limits on a continuous
basis, such as by using a continuous emissions monitoring system, it
could be argued that there is reason to incorporate a zero production
rate factor. In such a case, the emission factor would likely increase
as production approached zero, and at zero production, the emission
factor would be undefined. However, that is not the case for the
proposed rule, which requires parameter monitoring and recordkeeping to
demonstrate continuous compliance. Finally, it should be noted that the
proposed emission limits were developed from data that did not account
for zero production rate emissions. Furthermore, specifying an emission
limit without zero production rate factors is consistent with other
NESHAP.
Comment: One commenter questioned whether the proposed emission
limits were based on data exclusively from large furnaces. The
commenter explained that, when emissions are normalized for production,
as is the case for the proposed emission factor format, they may not be
representative of emissions from small furnaces if the limits are based
on data from large furnaces. The commenter stated that, since the rule
is likely to apply to small furnaces, the proposed limits should
account for the higher emission factors characteristic of smaller
furnaces. The commenter's company operates a small furnace that would
be subject to the rule, as proposed, but would not be able to meet the
proposed emission limit, even though the furnace is exhausted to a
fabric filter. The commenter stated that a control efficiency of 99.91
percent would be needed for the furnace to meet the proposed limit. The
commenter suggested including a correction factor for small furnaces,
such as the zero production rate factors specified in the Glass NSPS,
to account for this difference in emission levels between large and
small furnaces.
Response: In developing the emission limits for the proposed rule,
we reviewed all available emission test data on controlled furnaces,
which included the results of tests on a wide range of furnace sizes or
production rates. Because the production data for many of the furnaces
were claimed as confidential business information, we cannot release
the actual production rates to the public. However, we can provide
information on the range of the data. The production data for the
furnaces used to develop for the PM emission limit ranged from less
than 0.9 megagram per hour (Mg/hr) (1 ton per hour (tph)) to just under
27 Mg/hr (30 tph). Of the 19 data points used, 3 data points were for
furnaces with production rates of less than 0.9 Mg/hr (1 tph) and 9
data points were for furnaces with production rates less than 4.5 Mg/hr
(5 tph). To develop the metal HAP emission limit, the furnace
production rates ranged from less than 0.9 Mg/hr (1 tph) to just under
23 Mg/hr (25 tph). Of the 15 data points used, the production rates for
2 furnaces were less than 0.9 Mg/hr (1 tph), and the rates for 9
furnaces were less than 4.5 Mg/hr (5 tph). Although the commenter did
not specify the actual production rate for the furnace in question,
furnaces with production rates less than 4.5 Mg/hr (5 tph) would most
likely be considered small and furnaces with production rates less than
0.9 Mg/hr (1 tph) would certainly be considered small. Therefore, we
disagree with the commenter's assumption that only data from large
furnaces were used to develop the proposed emission limits.
Although the commenter's suggestion about including a zero
production rate factor would reduce the stringency of the standard for
small furnaces, we do not believe such a factor is needed for the
reasons described in the previous paragraph. Furthermore, as discussed
in our response to the previous comment, we do not believe a zero
production rate factor is relevant for an emission limit that must be
demonstrated by testing when the source is operating at the maximum
production rate.
Comment: One commenter stated that the process of manufacturing
glass tableware is significantly different from container glass due to
the need for higher quality requirements. The raw material formulations
differ, and tableware furnaces operate at higher temperatures with
longer residence times. Tableware furnaces also are smaller. The
commenter stated that the South Coast Air Quality Management District
uses an emission factor for tableware furnaces that is nearly five
times the factor used for container glass furnaces.
Response: We acknowledge that PM emissions from glass furnaces can
vary as a function of the type of glass produced. We also recognize
that glass tableware manufacturing is generally classified as a type of
pressed and blown glass rather than container glass, and PM emission
factors for pressed and blown glass furnaces typically are greater than
PM emission factors for container glass furnaces. When determining GACT
for the proposed rule, we used all the available data on emissions of
PM and metal HAP from furnaces controlled with ESP. Most of the data
used in developing the proposed emission factors were from emission
tests on pressed and blown glass furnaces. Therefore, we believe those
emission limits are generally representative of the emission levels
that can be achieved by an ESP-controlled furnace manufacturing pressed
and blown glass. We also point out that the NESHAP specifies a metal
HAP emission limit which may be more appropriate for specific furnaces
that have unusually high PM emissions.
Commenter: One commenter noted that the proposed GACT does not take
into consideration the unique nature of the stained glass industry,
which generally uses small periodic furnaces rather than large
continuous furnaces to produce glass. The commenter believes stained
glass manufacturing should be a separate subcategory with GACT defined
in terms of the practices and emission reduction methods followed by
stained glass manufacturers.
Response: Although we conducted an extensive information gathering
effort to compile data for developing the proposed NESHAP, we had
little data on the stained glass sector and no basis for identifying
stained glass as a separate subcategory of the glass manufacturing
industry. We agree with the commenter that GACT for stained glass, if
identified as a subcategory, should be based on methods and practices
used by that sector to reduce metal HAP emissions. Although we still do
not have the data to warrant creating a separate subcategory for
stained glass, we have revised Sec. 63.11448 of the rule to clarify
that the rule applies to continuous furnaces and not to periodic
furnaces. In doing so, we believe we have addressed the commenter's
concerns.
6. Compliance Dates
Comment: One commenter stated that most glass manufacturing
furnaces are rebuilt every 10 to 15 years. The commenter suggested that
the compliance date for an existing furnace should coincide with the
next rebuild planned for that furnace. Otherwise, affected facilities
would have to install controls ``on the fly,'' and doing so would
interrupt glass production by forcing the facility to shut down
affected furnaces for long periods. These shutdowns would result in
significant costs to the affected facilities. The commenter pointed out
that these costs
[[Page 73191]]
were not accounted for in the estimated cost effectiveness and impacts
for the proposed rule.
Response: Section 112(i) of the CAA specifies that NESHAP require
compliance ``* * * as expeditiously as practicable, but in no event
later than three years after the effective date* * *'' of the standard.
Since we had no information indicating this would be the case for the
glass manufacturing industry, we proposed a compliance date of 2 years
after promulgation of this final rule, which is consistent with the
compliance date for other NESHAP. We believe this provision should
allow adequate time for affected sources to install the controls needed
to comply with this final rule. However, in the event that 2 years in
not adequate, Sec. 63.6(i)(3) of the General Provisions to part 63
allows owners or operators of affected facilities to request a 1-year
extension of the compliance date if they can demonstrate that they need
the additional time to install controls.
Comment: One commenter noted that additional time is needed for
reconstructed furnaces to install controls. The company is rebuilding
several furnaces in 2008, which would make them reconstructed furnaces.
The compliance date for reconstructed sources would be the startup date
(sometime in 2008), but it will take additional time to design,
receive, and install a control device on the reconstructed furnaces.
Response: The General Provisions to 40 CFR part 63 define ``new
source'' to include reconstructed sources, and for sources subject to
40 CFR part 63 standards, the compliance date for new sources is
dictated by Sec. 63.6(b) of the General Provisions to part 63. That
is, new sources must be in compliance on the effective date of the rule
or upon startup, whichever is later. Based on the limited facts
submitted by the commenter, it is unclear if the subject furnaces would
be considered existing furnaces or new furnaces. The General Provisions
to part 63 define ``commenced'' as it relates to reconstruction as
entering ``* * * into a contractual obligation to undertake and
complete, within a reasonable time, a continuous program of
construction or reconstruction.'' The commenter should evaluate the
facts of its particular situations in light of the definitions
incorporated into this final rule.
7. Other Compliance Requirements
Comment: One commenter identified an issue concerning furnaces that
are used both for making glass that does not contain metal HAP and for
making glass that contains metal HAP. The commenter requested
clarification of the compliance requirements when the affected furnace
is not producing glass that contains metal HAP.
Response: We agree with the commenter that additional clarification
is needed on furnaces that are used to produce HAP-containing glass and
non-HAP glass. Our intent was that the emission limits and other
compliance requirements would apply when the affected furnace is
producing glass that contains one or more of the glass manufacturing
metal HAP. We have revised Sec. 63.11454 to clarify that the
monitoring requirements apply only during times when any of the glass
manufacturing metal HAP are used in the glass being produced. We also
have revised Sec. 63.11455 to clarify that the continuous compliance
requirements apply under the same conditions. However, owners and
operators must still keep the applicable records specified in Sec.
63.11457, including records of production data, during any period when
an affected furnace is operated, regardless of the batch formulation
used.
Comment: One commenter stated that the rule is unclear on the
continuous compliance requirements for existing sources, particularly
for sources that meet the metal HAP emission limit without having to
install a control device.
Response: We agree with the commenter that additional clarification
is needed regarding continuous compliance requirements for affected
furnaces that meet the emission limit without the use of an emission
control device. We have revised Sec. 63.11455 of this final rule to
clarify how owners or operators of affected sources must demonstrate
continuous compliance. For the specific case cited by the commenter,
the only continuous compliance requirement would be the recordkeeping
requirements specified in Sec. 63.11457.
Comment: One commenter stated that, even if a plant could meet the
emission limit without installing a control device, the reporting and
recordkeeping requirements of the rule are unnecessarily burdensome.
Response: We disagree that the reporting and recordkeeping
requirements of the proposed rule are overly burdensome. This final
rule will require affected plants to submit an Initial Notification and
a Notification of Compliance Status, but will require no reporting. As
for the recordkeeping requirements, the proposed rule incorporates the
basic requirements specified in the General Provisions to part 63, and
our understanding is that most facilities routinely maintain these
records.
8. Emission Testing
Comment: Two commenters requested clarification of how emissions
are tested and analyzed to show compliance with the proposed metal HAP
emission limit. Both pointed out that the test method (Method 29)
quantifies a wide range of metals, including metals that are not urban
HAP and urban HAP metals that may not have been charged to the furnace
as raw materials but could be present as contaminants in charge
materials or fuels. The commenters stated that the rule should specify
that emissions should be analyzed only for the metal HAP that are
intentionally added to the batch as raw materials.
Response: We agree with the commenters that the testing
requirements specified in the proposed rule need further clarification
regarding how the sampled emissions are analyzed. We have revised Sec.
63.11452 in this final rule to clarify Equation 2, which is used to
determine compliance with the metal HAP emission limit. We have defined
the variable ``ERM'' in this final rule as the sum of the mass emission
rates for the glass manufacturing metal HAP that are charged to the
furnace as raw materials. We believe this revision addresses the
commenters' concern.
Comment: One commenter noted the definition of PM in the rule is
ambiguous and could be interpreted to include filterable PM and
condensible PM. Because the rule requires testing by Methods 5 or 17,
and both of those methods measure filterable PM, the rule needs to
clarify that the proposed PM emission limit refers to filterable PM.
The commenter suggested that removing the word ``total'' from the
definition would eliminate this ambiguity.
Response: We agree with the commenter and have revised the
definition of PM in Sec. 63.11458 by replacing the phrase ``total
particulate emissions'' with ``filterable particulate emissions.'' This
revised definition is consistent with the test methods (Methods 5 and
17) that are specified for determining compliance.
Comment: One commenter operates several identical furnaces that
would be subject to the proposed rule. The commenter requested that the
rule require testing on only one such furnace rather than on all of
them.
Response: We agree with the commenter that it should not be
necessary to test multiple identical furnaces to demonstrate that all
of the furnaces meet the emission limit. To
[[Page 73192]]
address this issue, we revised Sec. 63.11452(a) by adding paragraph
(a)(3), which specifies conditions under which testing of a single
furnace would be allowed as the compliance demonstration for other
identical furnaces. Specifically, the owner or operator must certify
that the furnaces that are not tested are identical in design to the
furnace that is tested, including manufacturer, dimensions, production
capacity, charging method, operating temperature, fuel type, burner
configuration, and exhaust system configuration and design.
Furthermore, the compliance test must be performed while the furnace is
producing the glass formulation with the greatest potential to emit the
glass manufacturing metal HAP, and the owner or operator must provide
documentation that demonstrates why the tested glass formulation has
the greatest potential to emit metal HAP.
9. Other Issues
Comment: Two commenters requested clarification of the definition
of raw material. The commenters stated it was not clear if cullet is
considered a raw material, and they suggested revising the definition
to exclude cullet. One of the commenters suggested adding the phrase
``excluding glass manufacturing metal HAP that are introduced as
cullet, trace constituents, or contaminants of other substances'' to
Sec. Sec. 63.11448 and 63.11449(a)(1) to clarify what is considered a
raw material. The other commenter suggested revising the definition of
raw material to exclude material captured by control devices and
recycled into the process.
Response: We agree with the commenters that the proposed rule is
not clear on whether or not cullet is considered a raw material. We
also agree that material that is captured in a furnace control device
and recycled should not be considered a raw material. We have revised
the definition of raw material to state that cullet and material
captured by the furnace control device are excluded. However, this
definition does not exclude material collected from other sources, such
as from fabric filters that are used to control emissions from raw
material handling or transporting, because, while pre-vitrified
materials do not re-emit metal HAP when remelted, baghouse fines from
raw material handling and transporting have not been previously
vitrified.
Comment: One commenter stated that the rule is unclear as to the
notification requirements for furnaces that, at the time of
promulgation, were not subject, but later became subject due to
increased production or changes in glass formulation.
Response: To address the commenter's concern, we have revised Sec.
63.11456(a) to indicate that the Initial Notification is due 120 days
after the furnace becomes subject to this final rule due to increased
production or changes in glass formulation. We also have revised Sec.
63.11456(a) to specify deadlines for submitting the Notification of
Compliance Status.
C. Area Source NESHAP for Secondary Nonferrous Metals Processing
Comment: One commenter noted that the intent of the CAA, as it
relates to the Area Source Program, was to bring about reductions in
HAP emissions from area sources. The commenter expressed disappointment
that some of the rules proposed under the Area Source Program (e.g.,
Secondary Nonferrous Metals Processing) will not result in emissions
reductions and recommended that future area source rules incorporate
provisions that will provide additional public health protection from
the effects of HAP emissions from area sources.
Response: As previously explained, we have determined that GACT for
the Secondary Nonferrous Metals Processing area source category is the
use of a baghouse or fabric filter that achieves a control efficiency
of 99 percent for existing sources and 99.5 percent for new sources.
\c\ The use of baghouses and fabric filters has been shown to be very
effective in controlling PM and metal HAP emissions from this area
source category. The commenter does not challenge any aspect of EPA's
proposed GACT determination for this area source category. Instead, the
commenter makes a blanket assertion that EPA is not acting consistently
with the purposes of the area source provisions in the CAA (i.e.,
sections 112(c)(3) and 112(k)(3)(B)), because it is not requiring
emission reductions beyond the level that is currently being achieved
from this well-controlled source category. In support of this
assertion, the commenter compares the requirements in the proposed rule
to the area source category's current emission and control status. Such
a comparison is flawed and irrelevant.
---------------------------------------------------------------------------
\c\ As previously explained, we have determined that outlet
concentration limits of 0.034 g/dscm (0.015 gr/dscf) and 0.023 g/
dscm (0.010 gr/dscf) reflect the GACT levels of control for existing
and new secondary nonferrous processing area sources, respectively.
---------------------------------------------------------------------------
Congress promulgated the relevant CAA area source provisions in
1990 in light of the level of area source HAP emissions at that time.
Congress directed EPA to identify not less than 30 HAP which, as a
result of emissions from area sources, present the greatest threat to
public health in the largest number of urban areas, and to list
sufficient area source categories to ensure that sources representing
90 percent of the 30 listed HAP are subject to regulation. As explained
in the Integrated Urban Air Toxics Strategy, EPA based its listing
decisions on the baseline NTI that the Agency compiled for purposes of
implementing its air toxics program after the 1990 CAA Amendments. 64
FR 38706, 38711, n. 10. The baseline NTI reflected HAP emissions from
glass manufacturing area sources in 1990. Thus, contrary to the
commenter's suggestion, the relevant emission level for comparison is
the emission level reflected in our baseline NTI, not the current
emission level.
Based on EPA's baseline NTI, emissions of urban metal HAP from this
area source category have been reduced from approximately 25 Mg/yr (28
tpy) to less than 0.9 Mg/yr (1 tpy) since 1990. Furthermore, in
promulgating the area source provisions in the CAA, Congress did not
require EPA to issue area source standards that must achieve a specific
level of emission reduction. Rather, Congress authorized EPA to issue
standards under section 112(d)(5) for area sources, and those standards
are to reflect GACT for the source category. To qualify as being
generally available, a GACT standard would most likely be an existing
control technology or management practice. Thus, it is not surprising
that the GACT standard being finalized today codifies the existing
effective HAP control approach being used by sources in the category.
For the reasons stated above, this final rule is consistent with
sections 112(c)(3), 112(k)(3)(B), and 112(d)(5).
D. Area Source NESHAP--General
Comment: A commenter expressed his ``understanding that Congress
only gave EPA [the authority] to establish requirements for new * * *
[sic] major sources under the MACT and NSPS standards, and not new area
sources.'' The commenter further claimed that new area sources are the
``jurisdiction'' of State and local authorities. The commenter also
expressed the policy objection ``that to allow EPA to establish new and
modified source requirements is tantamount to overriding the authority
given the States and locals for establishing Best Available Control
Technology (BACT) through their new source review programs.'' The
commenter further questioned which standard would apply to a new area
source if EPA established GACT requirements on a new source, and
[[Page 73193]]
these requirements were to differ from BACT requirements in the NSR
permit for the source.
Response: The comment above raises issues of EPA's authority for
establishing GACT for new area sources and the appropriateness of
potentially ``overriding'' locally-made BACT determinations for such
sources. As generally discussed in the background section of this final
rule, section 112 explicitly requires that EPA list categories of major
sources, 42 U.S.C. 7412(c)(1), and area sources if those area sources
meet the listing criteria in 42 U.S.C. 7412(c)(3). Furthermore, the
statute requires EPA to promulgate emission standards for all listed
categories whether the category is composed of major sources of HAP or
area sources and directs that these standards address new as well as
existing sources (42 U.S.C. 7412(d) & 7412(f)(2)). For area sources,
Congress has provided EPA the option to promulgate GACT in lieu of MACT
standards (42 U.S.C. 7412(d)(5)). In establishing timeframes for
compliance for ``any emission standard, limitation or regulation
promulgated under this section [i.e., section 112],'' Congress allowed
for different compliance dates for new and existing sources (42 U.S.C.
112(i)(3). This provision reinforces Congress's intent that standards
under section 112, including the required area source standards,
address both new and existing sources. Therefore, the commenter's
understanding of EPA's authority does not reflect these express
provisions of the statute. Based on these statutory provisions, EPA
disagrees with the commenter's position that EPA lacks authority to
establish GACT for new area sources.
Regarding the appropriateness of what the commenter calls
``overriding'' the authority to set BACT and BACT limits, we agree that
there is a theoretical possibility inherent in the statute to have a
GACT standard differ in stringency with a BACT limit in a permit.
Initially, we note that BACT is triggered by the emission of different
pollutants than those regulated under section 112 (see 42 U.S.C.
7412(b)(6)). The applicability provisions differ, and a major source
under one program may or may not be a minor or area source under the
other. Nevertheless, in many circumstances, a BACT limit targeting one
pollutant may also, in effect, limit HAP emissions, and a HAP limit may
incidentally limit a pollutant to which BACT would apply. It is a
requirement for the owner or operator of a stationary source to comply
with all air pollution control obligations that apply to the source
under the CAA. To the extent that these obligations conflict and cannot
be met simultaneously, the statute and EPA's regulations provide
several mechanisms for resolving conflicts (e.g., provisions for
developing alternate control and monitoring requirements, delegation
mechanisms that allow States and local agencies to develop approvable
alternate standards, etc.).
Comment: One commenter recommended that EPA provide State and local
agencies with sufficient additional grants so that they may participate
in the implementation of additional area source rules. According to the
commenter, Federal grants currently fall far short of what is needed to
support State and local agencies in carrying out their existing
responsibilities, and budget requests for the last two years have
called for additional cuts. The commenter claimed that, without
additional funding, some State and local air agencies may not be able
to adopt and enforce additional area source rules. The commenter
further stated that, even for permitting authorities that do not adopt
these area source rules, it is possible that these rules will increase
their work loads and resource needs. The commenter stated that, for
example, synthetic minor permits (or Federally Enforceable State
Operating Permits) will need to incorporate all applicable
requirements, including area source standards. Noting that the title V
permit fee funds are not available for these efforts, the commenter
asserted that many State and local air agencies do not have sufficient
resources for these responsibilities.
Response: State and local air programs are an important and
integral part of the regulatory scheme under the CAA. As always, EPA
recognizes the efforts of State and local agencies in taking
delegations to implement and enforce CAA requirements, including the
area source standards under section 112. We understand the importance
of adequate resources for State and local agencies to run these
programs; however, we do not believe that this issue can be addressed
through this rulemaking.
EPA today is promulgating standards for the Secondary Nonferrous
Metals Processing, Glass Manufacturing, and Clay Ceramics Manufacturing
area source categories that reflect the practices currently in use by
sources in these area source categories, and these standards represent
what constitutes GACT for these categories under section 112(d)(5).
GACT standards are technology-based standards. The level of State and
local resources needed to implement these rules is not a factor that we
consider in determining what constitutes GACT under section 112(d)(5).
Moreover, we note that the commenter did not challenge our proposed
determination to exempt from title V the Secondary Nonferrous Metals
Processing or Clay Ceramics Manufacturing area source categories.
Although the resource issue cannot be resolved through this
rulemaking for the reason stated above, EPA remains committed to
working with State and local agencies to implement this final rule.
State and local agencies that receive grants for continuing air
programs under CAA section 105 should work with their project officer
to determine what resources are necessary to implement and enforce the
area source standards. EPA will continue to provide the resources
appropriated for section 105 grants consistent with the statute and the
allotment formula developed pursuant to the statute.
VI. Impacts of the Final Area Source Standards
A. Glass Manufacturing
1. Air Quality Impacts
For the three sources that will be required to install emission
controls to meet the emission limits specified in this final rule, we
estimate nationwide emissions of the glass manufacturing metal HAP to
be 26.2 Mg/yr (28.9 tpy). We estimate that this final rule will reduce
nationwide emissions of the glass manufacturing metal HAP by about 25.6
Mg/yr (28.2 tpy). This final rule will also reduce emissions of PM by
377 Mg/yr (415 tpy). These estimates are based on the assumption that
an ESP will be installed on one pressed and blown glass furnace, and
that fabric filters will be installed on two pressed and blown glass
furnaces.
We project that, during the first three years of the standard, nine
new furnaces will be constructed and that all nine furnaces will be in
the container glass sector. Because none of these new furnaces are
expected to use any of the glass manufacturing metal HAP as raw
materials, we project that none of the nine new furnaces will be
affected by this final rule. Therefore, we estimate that this final
rule will have no air quality impacts on new sources.
Indirect or secondary air impacts of this final rule will result
from the increased electricity usage associated with the operation of
control devices. Assuming that plants will purchase electricity from a
power plant, we estimate that the final standards will increase
secondary emissions of criteria pollutants, including PM, sulfur
dioxide (SO2), NOX, and carbon monoxide (CO)
[[Page 73194]]
from power plants. For the three existing sources that will be required
to install emission controls, this final rule will increase secondary
PM emissions by 0.28 Mg/yr (0.31 tpy); secondary SO2
emissions by about 11.1 Mg/yr (12.2 tpy); secondary NOX
emissions by about 5.5 Mg/yr (6.1 tpy); and secondary CO emissions by
about 0.18 Mg/yr (0.20 tpy).
For the estimated nine new sources within the Glass Manufacturing
industry over the next three years, we estimate no secondary air
impacts because we project that none of the new sources will be
affected sources under this rule.
2. Water and Solid Waste Impacts
To comply with this final rule, we expect that affected facilities
will control emissions by installing and operating ESP or fabric
filters, neither of which generates wastewater. Therefore, we project
that this final rule will have no water impacts. Glass manufacturers
typically purchase highly refined and purified raw materials, and they
usually recycle internal captured baghouse and ESP fines into the raw
material to be fed back into the furnace. Therefore, we expect the
solid waste impacts to be far less than if facilities were to dispose
of their ESP and baghouse fines. We estimate that this final rule will
generate 37.7 Mg/yr (41.6 tpy) of solid waste from existing sources.
These estimates are based on the assumption that an ESP will be
installed on one pressed and blown glass furnace, and that fabric
filters will be installed on two pressed and blown glass furnaces. For
new sources, we estimate that this final rule will have no impacts on
solid waste generation.
3. Energy Impacts
Energy impacts consist of the electricity and fuel needed to
operate control devices and other equipment that are required under
this final rule. We assume that affected facilities will comply with
this final rule by installing and operating either ESP or fabric
filters, which require electricity to operate. Specifically, we assumed
that an ESP will be installed on one pressed and blown glass furnace,
and that fabric filters will be installed on two pressed and blown
glass furnaces. Under this scenario, we project that this final rule
will increase overall energy demand (i.e., electricity demand) for
existing sources by about 1,970 megawatt-hours per year, or 7.1
thousand gigajoules per year (6.7 billion British thermal units per
year). We estimate that none of the nine new sources projected to go
into operation during the first three years of the standard will be
affected by this final rule. Therefore, we are not expecting any energy
impacts for new sources.
4. Cost Impacts
The estimated total capital costs of this final rule for existing
sources are $1.42 million. These capital costs include the costs to
purchase and install ESP or fabric filters on the three affected
furnaces that are not currently controlled. The estimated annualized
cost of this final rule for existing sources is $491,000 per year. The
annualized costs account for the annualized capital costs of the
control and monitoring equipment, operation and maintenance expenses,
performance testing, and recordkeeping costs for the three existing
facilities within the source category that will be required to install
new emission controls. The other affected facilities will incur costs
only for submitting the notifications and for annual control device
inspections because those facilities already meet the testing,
monitoring, and recordkeeping requirements that are required under this
final rule.
We estimate that none of the nine new sources projected to go into
operation during the first three years of the standard will be affected
sources under this final rule. Therefore, we estimate no cost impacts
for new sources.
5. Economic Impacts
Both the magnitude of control costs needed to comply with this
final rule and the distribution of these costs among affected
facilities can have an impact in determining how the market will change
in response to the rule. Total annualized costs for this final rule are
estimated to be approximately $0.48 million. Only three facilities are
estimated to require additional capital costs because of this final
rule.
We obtained revenue data for two of the three companies that
operate facilities that will be required to install emission controls
under this final rule. Based on those data, cost-to-sales estimates for
those two affected facilities are 0.66 percent and 1.0 percent,
respectively. Revenue data were not available for the other facility
that will be affected by this final rule, so the national average value
of shipments per worker from the 2002 Census of Manufacturers was used
along with the average number of workers per facility to estimate
revenues. The resulting costs for this and the other two facilities are
relatively small and are not expected to result in a significant market
impact whether they are passed on to the purchaser or absorbed by the
company.
B. Clay Ceramics Manufacturing
Unlike the glass manufacturing industry, which still has some
uncontrolled sources of urban HAP, sources in the clay ceramics
manufacturing source category have made significant emission reductions
through process changes and installation of control equipment. Affected
sources are well-controlled, and our GACT determination reflects such
controls. We estimate that the only impact to affected sources is the
labor burden associated with the reporting and recordkeeping
requirements. The cost associated with recordkeeping and the one-time
reporting requirements is estimated to be $974 per facility.
C. Secondary Nonferrous Metals Processing
Similar to the clay ceramics manufacturing industry, all of the
affected sources in the secondary nonferrous metal processing category
have installed control equipment on their furnace melting operations.
Affected sources are well-controlled, and our GACT determination
reflects such controls. We estimate that the only impact associated
with this final rule is the reporting and recordkeeping requirements.
The cost associated with recordkeeping and the one-time reporting
requirements is estimated to be $390 per facility.
VII. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is a ``significant regulatory action'' because it may raise
novel legal or policy issues. Accordingly, EPA submitted this action to
the Office of Management and Budget (OMB) for review under Executive
Order 12866, and any changes made in response to OMB recommendations
have been documented in the docket for this action.
B. Paperwork Reduction Act
The information collection requirements in these NESHAP for Clay
Ceramics Manufacturing Area Sources, Glass Manufacturing Area Sources,
and Secondary Nonferrous Metals Processing Area Sources have been
submitted for approval to OMB under the Paperwork Reduction Act, 44
U.S.C. 3501 et seq. The information collection requirements are not
enforceable until OMB approves them.
The recordkeeping and reporting requirements in these final rules
are based on the information collection
[[Page 73195]]
requirements in the part 63 General Provisions (40 CFR part 63, subpart
A). These recordkeeping and reporting requirements are mandatory
pursuant to section 114 of the CAA (42 U.S.C. 7414). All information
submitted to EPA pursuant to the information collection requirements
for which a claim of confidentiality is made is safeguarded according
to EPA's implementing regulations at 40 CFR part 2, subpart B.
The NESHAP for Clay Ceramics Manufacturing area sources requires
applicable one-time notifications required by the General Provisions.
Plant owners or operators are required to include compliance
certifications for the management practices in their Notifications of
Compliance Status. The affected sources are expected to already have
the required control and monitoring equipment in place and already
conduct the required monitoring and recordkeeping activities.
The annual burden for this information collection averaged over the
first three years of this ICR is estimated to total 196 labor hours per
year at a cost of approximately $16,600 for 17 existing clay ceramics
manufacturing area sources (51 existing sources averaged over three
years). No capital/startup costs or operation and maintenance costs are
associated with the information collection requirements. No costs or
burden hours are estimated for new clay ceramics manufacturing area
sources because no new area sources are projected for the next three
years.
The NESHAP for Glass Manufacturing also requires applicable one-
time notifications required by the General Provisions, monitoring of
control device parameters, and recordkeeping. The annual burden for
this collection of information averaged over the first three years of
this ICR is estimated to total 190 labor hours per year at a cost of
$16,130 for the 21 glass manufacturing area source facilities that will
be subject to this final rule. This burden estimate includes time for
acquisition, installation, and use of monitoring technology and
systems, one-time notifications, and recordkeeping. Total capital/
startup costs associated with the monitoring requirements (e.g., costs
for hiring performance test contractors and purchase of monitoring and
file storage equipment) over the three-year period of the ICR are
estimated at $15,990, with operation and maintenance costs of $9,850/
yr. No costs or burden estimates are estimated for new sources because
no new sources are project for the next three years.
The NESHAP for Secondary Nonferrous Metals Processing area sources
requires one-time notifications required by the General Provisions.
Plant owners or operators are required to conduct performance tests and
include compliance certifications for the percent PM reduction achieved
by the required control device in their Notifications of Compliance
Status. The affected sources are expected to already have the required
control and monitoring equipment in place and already conduct the
required monitoring and recordkeeping activities.
The annual burden for this information collection averaged over the
first three years of this ICR is estimated to total 15 labor hours per
year at a cost of approximately $1,300 for three existing secondary
nonferrous metals processing area sources (10 existing sources averaged
over three years). No capital/startup costs or operation and
maintenance costs are associated with the information collection
requirements. No costs or burden hours are estimated for new secondary
nonferrous metals processing area sources because no new area sources
are projected for the next three years.
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
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR part 63 are listed in 40 CFR part 9. When this
ICR is approved by OMB, the Agency will publish a technical amendment
to 40 CFR part 9 in the Federal Register to display the OMB control
number for the approved information collection requirements contained
in these final rules.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act generally requires an agency to
prepare a regulatory flexibility analysis of any rule subject to notice
and comment rulemaking requirements under the Administrative Procedure
Act or any other statute unless the agency certifies that the rule
would not have a significant economic impact on a substantial number of
small entities. Small entities include small businesses, small not-for-
profit enterprises, and small governmental jurisdictions.
For the purposes of assessing the impacts of the area source NESHAP
on small entities, a small entity is defined as: (1) A small business
whose parent company meets the Small Business Administration size
standards for small businesses found at 13 CFR 121.201 (less than 500
to 750 employees for Clay Ceramics Manufacturing, less than 750 to
1,000 employees for Glass Manufacturing, and less than 750 employees
for Secondary Nonferrous Metals Processing, depending on the size
definition for the affected NAICS code); (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 these final rules on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. Based on our
estimates, EPA does not expect any new clay ceramic or secondary
nonferrous metal processing sources to be constructed in the
foreseeable future and so, therefore, did not estimate the impacts for
new clay ceramics manufacturing or secondary nonferrous metal
processing sources. There would be no significant impacts on new or
existing clay ceramics manufacturing facilities or secondary nonferrous
metals processing facilities because these final rules do not create
any new requirements or burdens other than minimal notification
requirements. The minimal notification requirements consist of reading
this final rule and providing two initial notifications to EPA: one
notifying EPA that the facility is subject to this final rule and one
notifying EPA that the facility is in compliance with this final rule.
These notifications may be submitted together. We estimate the cost of
these one-time notification requirements to be $974 for each clay
ceramics manufacturing facility and $390 for each secondary nonferrous
metals processing facility. These costs were estimated based on the
costs of technical, management, and clerical support salaries. We also
estimate that 34 clay ceramics facilities and 6 secondary nonferrous
metals
[[Page 73196]]
processing facilities are owned and operated by small businesses. These
notification costs would be less than 0.25 percent for any of these
small businesses.
Twenty-one glass manufacturing facilities are estimated to require
additional costs because of this final rule. Only one of these
facilities is a small business.
Although these final rules will not have a significant economic
impact on a substantial number of small entities, EPA nonetheless has
tried to reduce the impact of this final rule on small entities. These
final rules are designed to harmonize with existing State and local
requirements.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures by State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective, or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective, or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
EPA has determined that these final rules do not contain a Federal
mandate that may result in expenditures of $100 million or more for
State, local, and tribal governments, in the aggregate, or to the
private sector in any one year. Thus, these final rules are not subject
to the requirements of sections 202 and 205 of the UMRA. EPA has
determined that these final rules contain no regulatory requirement
that might significantly or uniquely affect small governments. These
final rules contain no requirements that apply to such governments,
impose no obligations upon them, and will not result in expenditures by
them of $100 million or more in any one year or any disproportionate
impacts on them.
E. Executive Order 13132: Federalism
Executive Order 13132 (64 FR 43255, August 10, 1999) requires EPA
to develop an accountable process to assure ``meaningful and timely
input by State and local officials in the development of regulatory
policies that have federalism implications.'' ``Policies that have
federalism implications'' are defined in the Executive Order to include
regulations that have ``substantial direct effects on the States, on
the relationship between the national government and the States, or on
the distribution of power and responsibilities among the various levels
of government.''
These final rules 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. These final rules impose
requirements on owners and operators of specified area sources and not
State and local governments. Thus, Executive Order 13132 does not apply
to these final rules.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175 (65 FR 67249, November 6, 2000), requires EPA
to develop an accountable process to assure ``meaningful and timely
input by tribal officials in the development of regulatory policies
that have tribal implications.'' These final rules 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.
These final rules impose requirements on owners and operators of
specified area sources and not tribal governments. Thus, Executive
Order 13175 does not apply to these final rules.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
Executive Order 13045: ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies
to any rule that: (1) Is determined to be ``economically significant''
as defined under Executive Order 12866, and (2) concerns an
environmental health or safety risk that EPA has reason to believe may
have a disproportionate effect on children. If the regulatory action
meets both criteria, EPA must evaluate the environmental health or
safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by EPA.
EPA interprets Executive Order 13045 as applying only to those
regulatory actions that are based on health or safety risks, such that
the analysis required under section 5-501 of the Executive Order has
the potential to influence the regulation. These final rules are not
subject to Executive Order 13045 because they are based on technology
performance and not on health or safety risks.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
The glass manufacturing final rule is not a ``significant energy
action'' as defined in Executive Order 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (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. Existing energy requirements for this industry will not be
significantly impacted by the additional pollution controls or other
equipment that may be required by this final rule. Further, we have
concluded that this final rule is not likely to have any significant
adverse energy effects.
The clay ceramics manufacturing and the secondary nonferrous metals
processing final rules are not ``significant energy actions'' as
defined in Executive Order 13211 (66 FR 28355, May 22, 2001) because
they are not likely to have a significant adverse effect on the supply,
distribution, or use of
[[Page 73197]]
energy. The energy requirements for these industries will remain at
existing levels. No additional pollution controls or other equipment
that would consume energy are required by these final rules. Further,
we have concluded that these final rules are not likely to have any
adverse energy effects.
I. National Technology Transfer Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) of 1995 (Public Law No. 104-113, Section 12(d), 15 U.S.C.
272 note) directs EPA to use voluntary consensus standards (VCS) in its
regulatory activities, unless to do so would be inconsistent with
applicable law or otherwise impractical. The VCS are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
VCS bodies. The NTTAA directs EPA to provide Congress, through OMB,
explanations when the Agency does not use available and applicable VCS.
These rules involve technical standards. EPA cites the following
standards: EPA Methods 1, 1A, 2, 2A, 2C, 2F, 2G, 3, 3A, 3B, 4, 5, 17,
22, and 29 (40 CFR part 60, appendix A).
Consistent with the NTTAA, EPA conducted searches to identify
voluntary consensus standards in addition to these EPA methods. No
applicable voluntary consensus standards were identified for EPA
Methods 1A, 2A, 2F, 2G, 22, and 29. The search and review results are
in the dockets for these final rules.
The search identified one voluntary consensus standard as
acceptable alternatives to an EPA Method. The standard ASME PTC 19.10-
1981, ``Flue and Exhaust Gas Analyses,'' is cited in this rule for its
manual method for measuring the oxygen, carbon dioxide, and carbon
monoxide content of the exhaust gas. This part of ASME PTC 19.10-1981
is an acceptable alternative to EPA Method 3B.
The search for emissions measurement procedures identified 12 other
voluntary consensus standards. EPA determined that these 12 standards
identified for measuring emissions of the HAP or surrogates subject to
emission standards in these final rules were impractical alternatives
to EPA test methods for the purposes of the rules. Therefore, EPA does
not intend to adopt these standards for these purposes. The reasons for
the determinations for the 12 methods are discussed in the dockets to
these final rules.
Under Sec. 63.7(f) and Sec. 63.8(f) of Subpart A of the General
Provisions, a source may apply to EPA for permission to use alternative
test methods or alternative monitoring requirements in place of any
required testing methods, performance specifications, or procedures.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
EPA has determined that these final rules will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because they increase the
level of environmental protection for all affected populations without
having any disproportionately high and adverse human health or
environmental effects on any population, including any minority or low-
income population. These final rules establish national standards for
each area source category.
K. 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 Congress and to the Comptroller General
of the United States. EPA will submit a report containing these final
rules and other required information to the U.S. Senate, the U.S. House
of Representatives, and the Comptroller General of the United States
prior to publication of these final rules 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). These final rules will be effective on December 26,
2007.
List of Subjects in 40 CFR Part 63
Environmental protection, Air pollution control, Hazardous
substances, Incorporations by reference, Reporting and recordkeeping
requirements.
Dated: December 14, 2007.
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 A--[Amended]
0
2. Section 63.14 is amended by revising paragraph (i)(1) to read as
follows:
Sec. 63.14 Incorporations by reference.
* * * * *
(i) * * *
(1) ANSI/ASME PTC 19.10-1981, ``Flue and Exhaust Gas Analyses [Part
10, Instruments and Apparatus],'' IBR approved for Sec. Sec.
63.309(k)(1)(iii), 63.865(b), 63.3166(a)(3), 63.3360(e)(1)(iii),
63.3545(a)(3), 63.3555(a)(3), 63.4166(a)(3), 63.4362(a)(3),
63.4766(a)(3), 63.4965(a)(3), 63.5160(d)(1)(iii), 63.9307(c)(2),
63.9323(a)(3), 63.11148(e)(3)(iii), 63.11155(e)(3), 63.11162(f)(3)(iii)
and (f)(4), 63.11163(g)(1)(iii) and (g)(2), 63.11410(j)(1)(iii), Table
5 of subpart DDDDD of this part, 63.11452(b)(11), and
63.11466(c)(1)(iii).
* * * * *
0
3. Part 63 is amended by adding subpart RRRRRR to read as follows:
Subpart RRRRRR--National Emission Standards for Hazardous Air
Pollutants for Clay Ceramics Manufacturing Area Sources
Applicability and Compliance Dates
Sec.
63.11435 Am I subject to this subpart?
63.11436 What parts of my plant does this subpart cover?
63.11437 What are my compliance dates?
Standards, Compliance, and Monitoring Requirements
63.11438 What are the standards for new and existing sources?
63.11439 What are the initial compliance demonstration requirements
for new and existing sources?
63.11440 What are the monitoring requirements for new and existing
sources?
63.11441 What are the notification requirements?
63.11442 What are the recordkeeping requirements?
[[Page 73198]]
Other Requirements and Information
63.11443 What General Provisions apply to this subpart?
63.11444 What definitions apply to this subpart?
63.11445 Who implements and enforces this subpart?
63.11446 [Reserved]
63.11447 [Reserved]
Tables to Subpart RRRRRR of Part 63
Table 1 to Subpart RRRRRR of Part 63--Applicability of General
Provisions to Subpart RRRRRR
Applicability and Compliance Dates
Sec. 63.11435 Am I subject to this subpart?
(a) You are subject to this subpart if you own or operate a clay
ceramics manufacturing facility (as defined in Sec. 63.11444), with an
atomized glaze spray booth or kiln that fires glazed ceramic ware, that
processes more than 45 megagrams per year (Mg/yr) (50 tons per year
(tpy)) of wet clay and is an area source of hazardous air pollutant
(HAP) emissions.
(b) If you are an owner or operator of an area source subject to
this subpart, you are exempt from the obligation to obtain a permit
under 40 CFR part 70 or 71, provided you are not required to obtain a
permit under 40 CFR 70.3(a) or 71.3(a) for a reason other than your
status as an area source under this subpart. You must continue to
comply with the provisions of this subpart applicable to area sources.
Sec. 63.11436 What parts of my plant does this subpart cover?
(a) This subpart applies to any existing or new affected source
located at a clay ceramics manufacturing facility.
(b) The affected source includes all atomized glaze spray booths
and kilns that fire glazed ceramic ware located at a clay ceramics
manufacturing facility.
(c) An affected source is existing if you commenced construction or
reconstruction of the affected source on or before September 20, 2007.
(d) An affected source is new if you commenced construction or
reconstruction of the affected source after September 20, 2007.
Sec. 63.11437 What are my compliance dates?
(a) If you have an existing affected source, you must comply with
the standards no later than December 26, 2007.
(b) If you have a new affected source, you must comply with this
subpart according to paragraphs (b)(1) and (2) of this section.
(1) If you start up your affected source on or before December 26,
2007, you must comply with this subpart no later than December 26,
2007.
(2) If you start up your affected source after December 26, 2007,
you must comply with this subpart upon initial startup of your affected
source.
Standards, Compliance, and Monitoring Requirements
Sec. 63.11438 What are the standards for new and existing sources?
(a) For each kiln that fires glazed ceramic ware, you must maintain
the peak temperature below 1540 [deg]C (2800 [deg]F) and comply with
one of the management practices in paragraphs (a)(1) and (2) of this
section:
(1) Use natural gas, or equivalent clean-burning fuel, as the kiln
fuel; or
(2) Use an electric-powered kiln.
(b) You must maintain annual wet glaze usage records for your
facility.
(c) For each atomized glaze spray booth located at a clay ceramics
manufacturing facility that uses more than 227 Mg/yr (250 tpy) of wet
glaze(s), you must comply with the equipment standard requirements in
paragraph (c)(1) of this section or the management practice in
paragraph (c)(2) of this section.
(1) Control the emissions from the atomized glaze spray booth with
an air pollution control device (APCD), as defined in Sec. 63.11444.
(i) Operate and maintain the APCD in accordance with the equipment
manufacturer's specifications; and
(ii) Monitor the APCD according to the applicable requirements in
Sec. 63.11440.
(2) Alternatively, use wet glazes containing less than 0.1 (weight)
percent clay ceramics metal HAP.
(d) For each atomized glaze spray booth located at a clay ceramics
manufacturing facility that uses 227 Mg/yr (250 tpy) or less of wet
glaze(s), you must comply with one of the management practices or
equipment standards in paragraphs (d)(1) and (2) of this section.
(1) Employ waste minimization practices, as defined in Sec.
63.11444; or
(2) Alternatively, comply with the equipment standard requirements
described in paragraph (c)(1) of this section or the management
practice described in paragraph (c)(2) of this section.
(e) Surface applications (e.g., wet glazes) containing less than
0.1 (weight) percent clay ceramics metal HAP do not have to be
considered in determination of the 227 Mg/yr (250 tpy) threshold for
wet glaze usage.
Sec. 63.11439 What are the initial compliance demonstration
requirements for new and existing sources?
(a) You must demonstrate initial compliance with the applicable
management practices and equipment standards in Sec. 63.11438 by
submitting a Notification of Compliance Status. For any wet spray glaze
operation controlled with an APCD, you must conduct an initial
inspection of the control equipment as described in Sec.
63.11440(b)(1) within 60 days of the compliance date and include the
results of the inspection in the Notification of Compliance Status.
(b) You must demonstrate initial compliance with the applicable
management practices or equipment standards in Sec. 63.11438 by
submitting the Notification of Compliance Status within 120 days after
the applicable compliance date specified in Sec. 63.11437.
Sec. 63.11440 What are the monitoring requirements for new and
existing sources?
(a) For each kiln firing glazed ceramic ware, you must conduct a
daily check of the peak firing temperature. If the peak temperature
exceeds 1540 [deg]C (2800 [deg]F), you must take corrective action
according to your standard operating procedures.
(b) For each existing or new atomized glaze spray booth equipped
with an APCD, you must demonstrate compliance by conducting the
monitoring activities in paragraph (b)(1) and either paragraph (b)(2)
or (3) of this section:
(1) Initial control device inspection. You must conduct an initial
inspection of each particulate matter (PM) control device according to
the requirements in paragraphs (b)(1)(i) or (ii) of this section. You
must conduct each inspection no later than 60 days after your
applicable compliance date for each installed control device which has
been operated within 60 days of the compliance date. For an installed
control device which has not been operated within 60 days of the
compliance date, you must conduct an initial inspection prior to
startup of the control device.
(i) For each wet control system, you must verify the presence of
water flow to the control equipment. You must also visually inspect the
system ductwork and control equipment for leaks and inspect the
interior of the control equipment (if applicable) for structural
integrity and the condition of the control system. An initial
inspection of the internal components of a wet control system is not
required if an inspection has been performed within the past 12 months.
[[Page 73199]]
(ii) For each baghouse, you must visually inspect the system
ductwork and baghouse unit for leaks. You must also inspect the inside
of each baghouse for structural integrity and fabric filter condition.
You must record the results of the inspection and any maintenance
action as required in paragraph (d) of this section. An initial
inspection of the internal components of a baghouse is not required if
an inspection has been performed within the past 12 months.
(2) Periodic inspections/maintenance. Except as provided in
paragraph (b)(3) of this section, you must perform periodic inspections
and maintenance of each PM control device following the initial
inspection according to the requirements in paragraphs (b)(2)(i) or
(ii) of this section.
(i) You must inspect and maintain each wet control system according
to the requirements in paragraphs (b)(2)(i)(A) through (C) of this
section.
(A) You must conduct a daily inspection to verify the presence of
water flow to the wet control system.
(B) You must conduct weekly visual inspections of the system
ductwork and control equipment for leaks.
(C) You must conduct inspections of the interior of the wet control
system (if applicable) to determine the structural integrity and
condition of the control equipment every 12 months.
(ii) You must inspect and maintain each baghouse according to the
requirements in paragraphs (b)(2)(ii)(A) and (B) of this section.
(A) You must conduct weekly visual inspections of the system
ductwork for leaks.
(B) You must conduct inspections of the interior of the baghouse
for structural integrity and to determine the condition of the fabric
filter every 12 months.
(3) As an alternative to the monitoring activities in paragraph
(b)(2) of this section, you may demonstrate compliance by:
(i) Conducting a daily 30-minute visible emissions (VE) test (i.e.,
no visible emissions) using EPA Method 22 (40 CFR part 60, appendix A-
7); or
(ii) Using an approved alternative monitoring technique under Sec.
63.8(f).
(c) If the results of the visual inspection, VE test, or
alternative monitoring technique conducted under paragraph (b) of this
section indicate an exceedance, you must take corrective action
according to the equipment manufacturer's specifications or
instructions.
(d) You must maintain records of your monitoring activities
described in paragraphs (a) through (c) of this section. You may use
your existing operating permit documentation to meet the monitoring
requirements if it includes, but is not limited to, the monitoring
records listed in paragraphs (d)(1) through (5) of this section related
to any kiln peak temperature checks, visual inspections, VE tests, or
alternative monitoring:
(1) The date, place, and time;
(2) Person conducting the activity;
(3) Technique or method used;
(4) Operating conditions during the activity; and
(5) Results.
Sec. 63.11441 What are the notification requirements?
(a) You must submit an Initial Notification required by Sec.
63.9(b)(2) no later than 120 days after the applicable compliance date
specified in Sec. 63.11437. The Initial Notification must include the
information specified in Sec. 63.9(b)(2)(i) through (iv) and may be
combined with the Notification of Compliance Status required in
paragraph (b) of this section.
(b) You must submit a Notification of Compliance Status required by
Sec. 63.9(h) no later than 120 days after the applicable compliance
date specified in Sec. 63.11437. In addition to the information
required in Sec. 63.9(h)(2), your notification(s) must include each
compliance certification in paragraphs (b)(1) through (3) of this
section that applies to you and may be combined with the Initial
Notification required in paragraph (a) of this section.
(1) For each kiln firing glazed ceramic ware, you must certify that
you are maintaining the peak temperature below 1540 [deg]C (2800
[deg]F) according to Sec. 63.11438(a) and complying with one of the
management practices in Sec. 63.11438(a)(1) or (2).
(2) For atomized glaze spray booths, you must certify that your
facility's annual wet glaze usage is above or below 227 Mg/yr (250
tpy).
(3) For atomized glaze spray booths located at a clay ceramics
manufacturing facility that uses more than 227 Mg/yr (250 tpy) of wet
glaze(s), you must certify that:
(i) You are operating and maintaining an APCD in accordance with
Sec. 63.11438(c)(1), and you have conducted an initial control device
inspection for each wet control system and baghouse associated with an
atomized glaze spray booth; or
(ii) Alternatively, you are using wet glazes containing less than
0.1 (weight) percent clay ceramics metal HAP according to Sec.
63.11438(c)(2).
(4) For atomized glaze spray booths located at a clay ceramics
manufacturing facility that uses 227 Mg/yr (250 tpy) or less of wet
glaze(s), you must certify that:
(i) You are employing waste minimization practices according to
Sec. 63.11438(d)(1); or
(ii) You are complying with the requirements in Sec.
63.11438(c)(1) or (2).
Sec. 63.11442 What are the recordkeeping requirements?
(a) You must keep the records specified in paragraphs (a)(1) and
(2) of this section.
(1) A copy of each notification that you submitted to comply with
this subpart, including all documentation supporting any Initial
Notification or Notification of Compliance Status that you submitted,
according to the requirements in Sec. 63.10(b)(2)(xiv).
(2) Records of all required measurements needed to document
compliance with management practices as required in Sec.
63.10(b)(2)(vii), including records of monitoring and inspection data
required by Sec. 63.11440.
(b) Your records must be in a form suitable and readily available
for expeditious review, according to Sec. 63.10(b)(1).
(c) As specified in Sec. 63.10(b)(1), you must keep each record
for 5 years following the date of each occurrence, measurement,
maintenance, corrective action, report, or record.
(d) You must keep each record onsite for at least 2 years after the
date of each occurrence, measurement, maintenance, corrective action,
report, or record, according to Sec. 63.10(b)(1). You may keep the
records offsite for the remaining three years.
Other Requirements and Information
Sec. 63.11443 What General Provisions apply to this subpart?
Table 1 to this subpart shows which parts of the General Provisions
in Sec. Sec. 63.1 through 63.16 apply to you.
Sec. 63.11444 What definitions apply to this subpart?
Terms used in this subpart are defined in the Clean Air Act, in
Sec. 63.2, and in this section as follows:
Air pollution control device (APCD) means any equipment that
reduces the quantity of a pollutant that is emitted to the air.
Examples of APCD currently used on glaze spray booths include, but are
not limited to, wet scrubbers, fabric filters, water curtains, and
water-wash systems.
Atomization means the conversion of a liquid into a spray or mist
(i.e., collection of drops), often by passing the liquid through a
nozzle.
Clay ceramics manufacturing facility means a plant site that
manufactures pressed tile, sanitaryware, dinnerware, or pottery. For
the purposes of this area
[[Page 73200]]
source rule, the following types of facilities are not part of the
regulated category: artisan potters, art studios, school and university
ceramic arts programs, and any facility that uses less than 45 Mg/yr
(50 tpy) of wet clay.
Clay ceramics metal HAP means an oxide or other compound of
chromium, lead, manganese, or nickel, which were listed for Clay
Ceramics Manufacturing in the Revised Area Source Category List (67 FR
70428, November 22, 2002).
Glaze means a coating of colored, opaque, or transparent material
applied to ceramic products before firing.
Glaze spray booth means a type of equipment used for spraying glaze
on ceramic products.
High-volume, low-pressure (HVLP) spray equipment means a type of
air atomized spray equipment that operates at low atomizing air
pressure (0.1 to 10 pounds per square inch (psi) at the air nozzle) and
uses 15 to 30 cubic feet per minute (cfm) of air to minimize the amount
of overspray and bounce back.
Kiln means equipment used for the initial curing or firing of glaze
on ceramic ware. A kiln may operate continuously or by batch process.
Nonatomizing glaze application technique means the application of
glaze in the form of a liquid stream without atomization. Such
techniques include, but are not limited to, dipping, centrifugal disc,
waterfall, flow coaters, curtain coaters, silk-screening, and any
direct application by roller, brush, pad, or other means facilitating
direct transfer of glaze.
Plant site means all contiguous or adjoining property that is under
common control, including properties that are separated only by a road
or other public right-of-way. Common control includes properties that
are owned, leased, or operated by the same entity, parent entity,
subsidiary, or any combination thereof.
Waste minimization practices mean those procedures employed to
minimize material losses and prevent unnecessary waste generation, for
example, minimizing glaze overspray emissions using HVLP spray
equipment (defined in this section) or similar spray equipment;
minimizing HAP emissions during cleanup of spray glazing equipment;
operating and maintaining spray glazing equipment according to
manufacturer's instructions; and minimizing spills through careful
handling of HAP-containing glaze materials.
Water curtain means an APCD that draws the exhaust stream through a
continuous curtain of moving water to remove suspended particulate. A
water curtain may also be called a drip curtain or waterfall.
Water-wash system means an APCD that uses a series of baffles to
redirect the upward exhaust stream through a water wash chamber with
downward water flow to remove suspended particulate.
Sec. 63.11445 Who implements and enforces this subpart?
(a) This subpart can be implemented and enforced by the U.S. EPA or
a delegated authority such as your State, local, or tribal agency. If
the U.S. EPA Administrator has delegated authority to your State,
local, or tribal agency, then that agency has the authority to
implement and enforce this subpart. You should contact your U.S. EPA
Regional Office to find out if this subpart is delegated to your State,
local, or tribal agency.
(b) In delegating implementation and enforcement authority of this
subpart to a State, local, or tribal agency under 40 CFR part 63,
subpart E, the authorities contained in paragraph (c) of this section
are retained by the Administrator of the U.S. EPA and are not
transferred to the State, local, or tribal agency.
(c) The authorities that will not be delegated to State, local, or
tribal agencies are listed in paragraphs (c)(1) through (4) of this
section.
(1) Approval of alternatives to the applicability requirements in
Sec. Sec. 63.11435 and 63.11436, the compliance date requirements in
Sec. 63.11437, and the management practices and equipment standards in
Sec. 63.11438.
(2) Approval of a major change to a test method under Sec.
63.7(e)(2)(ii) and (f). A ``major change to test method'' is defined in
Sec. 63.90.
(3) Approval of a major change to monitoring under Sec. 63.8(f). A
``major change to monitoring'' is defined in Sec. 63.90.
(4) Approval of a major change to recordkeeping/reporting under
Sec. 63.10(f). A ``major change to recordkeeping/reporting'' is
defined in Sec. 63.90.
Sec. 63.11446 [Reserved]
Sec. 63.11447 [Reserved]
Tables to Subpart RRRRRR of Part 63
As stated in Sec. 63.11443, you must comply with the requirements
of the NESHAP General Provisions (40 CFR part 63, subpart A) shown in
the following table:
Table 1 to Subpart RRRRRR of Part 63--Applicability of General
Provisions to Subpart RRRRRR
------------------------------------------------------------------------
Citation Subject
------------------------------------------------------------------------
63.1(a)(1)-(a)(4), (a)(6), (a)(10)- Applicability.
(a)(12), (b)(1), (b)(3), (c)(1),
(c)(2),\1\ (c)(5), (e).
63.2...................................... Definitions.
63.3...................................... Units and Abbreviations.
63.4...................................... Prohibited Activities and
Circumvention.
63.6(a), (b)(1)-(b)(5), (b)(7), (c)(1), Compliance with Standards
(c)(2), (c)(5), (e)(1), (f), (g), (i), and Maintenance
(j). Requirements.
63.8(a)(1), (a)(2), (b), (c)(1)(i)- Monitoring Requirements.
(c)(1)(ii), (c)(2), (c)(3), (f).
63.9(a), (b)(1), (b)(2), (b)(5), (c), (d), Notification Requirements.
(h)(1)-(h)(3), (h)(5), (h)(6), (i), (j).
63.10(a), (b)(1), (b)(2)(vii), Recordkeeping and Reporting
(b)(2)(xiv), (b)(3), (c), (c)(1), (f). Requirements.
63.12..................................... State Authority and
Delegations.
63.13..................................... Addresses.
63.14..................................... Incorporations by Reference.
63.15..................................... Availability of Information
and Confidentiality.
63.16..................................... Performance Track
Provisions.
------------------------------------------------------------------------
\1\ Section 63.11435(b) of this subpart exempts area sources from the
obligation to obtain title V operating permits.
[[Page 73201]]
0
4. Part 63 is amended by adding subpart SSSSSS to read as follows:
Subpart SSSSSS--National Emission Standards for Hazardous Air
Pollutants for Glass Manufacturing Area Sources
Applicability and Compliance Dates
Sec.
63.11448 Am I subject to this subpart?
63.11449 What parts of my plant does this subpart cover?
63.11450 What are my compliance dates?
Standards, Compliance, and Monitoring Requirements
63.11451 What are the standards for new and existing sources?
63.11452 What are the performance test requirements for new and
existing sources?
63.11453 What are the initial compliance demonstration requirements
for new and existing sources?
63.11454 What are the monitoring requirements for new and existing
sources?
63.11455 What are the continuous compliance requirements for new and
existing sources?
Notifications and Records
63.11456 What are the notification requirements?
63.11457 What are the recordkeeping requirements?
Other Requirements and Information
63.11458 What General Provisions apply to this subpart?
63.11459 What definitions apply to this subpart?
63.11460 Who implements and enforces this subpart?
63.11461 [Reserved]
Tables to Subpart SSSSSS of Part 63
Table 1 to Subpart SSSSSS of Part 63--Emission Limits
Table 2 to Subpart SSSSSS of Part 63--Applicability of General
Provisions to Subpart SSSSSS
Applicability and Compliance Dates
Sec. 63.11448 Am I subject to this subpart?
You are subject to this subpart if you own or operate a glass
manufacturing facility that is an area source of hazardous air
pollutant (HAP) emissions and meets all of the criteria specified in
paragraphs (a) through (c) of this section.
(a) A glass manufacturing facility is a plant site that
manufactures flat glass, glass containers, or pressed and blown glass
by melting a mixture of raw materials, as defined in Sec. 63.11459, to
produce molten glass and form the molten glass into sheets, containers,
or other shapes.
(b) An area source of HAP emissions is any stationary source or
group of stationary sources within a contiguous area under common
control that does not have the potential to emit any single HAP at a
rate of 9.07 megagrams per year (Mg/yr) (10 tons per year (tpy)) or
more and any combination of HAP at a rate of 22.68 Mg/yr (25 tpy) or
more.
(c) Your glass manufacturing facility uses one or more continuous
furnaces to produce glass that contains compounds of one or more glass
manufacturing metal HAP, as defined in Sec. 63.11459, as raw materials
in a glass manufacturing batch formulation.
Sec. 63.11449 What parts of my plant does this subpart cover?
(a) This subpart applies to each existing or new affected glass
melting furnace that is located at a glass manufacturing facility and
satisfies the requirements specified in paragraphs (a)(1) through (3)
of this section.
(1) The furnace is a continuous furnace, as defined in Sec.
63.11459.
(2) The furnace is charged with compounds of one or more glass
manufacturing metal HAP as raw materials.
(3) The furnace is used to produce glass, which contains one or
more of the glass manufacturing metal HAP as raw materials, at a rate
of at least 45 Mg/yr (50 tpy).
(b) A furnace that is a research and development process unit, as
defined in Sec. 63.11459, is not an affected furnace under this
subpart.
(c) An affected source is an existing source if you commenced
construction or reconstruction of the affected source on or before
September 20, 2007.
(d) An affected source is a new source if you commenced
construction or reconstruction of the affected source after September
20, 2007.
(e) If you own or operate an area source subject to this subpart,
you must obtain a permit under 40 CFR part 70 or 40 CFR part 71.
Sec. 63.11450 What are my compliance dates?
(a) If you have an existing affected source, you must comply with
the applicable emission limits specified in Sec. 63.11451 of this
subpart no later than December 28, 2009. As specified in section
112(i)(3)(B) of the Clean Air Act and in Sec. 63.6(i)(4)(A), you may
request that the Administrator or delegated authority grant an
extension allowing up to 1 additional year to comply with the
applicable emission limits if such additional period is necessary for
the installation of emission controls.
(b) If you have a new affected source, you must comply with this
subpart according to paragraphs (b)(1) and (2) of this section.
(1) If you start up your affected source on or before December 26,
2007, you must comply with the applicable emission limit specified in
Sec. 63.11451 no later than December 26, 2007.
(2) If you start up your affected source after December 26, 2007,
you must comply with the applicable emission limit specified in Sec.
63.11451 upon initial startup of your affected source.
(c) If you own or operate a furnace that produces glass containing
one or more glass manufacturing metal HAP as raw materials at an annual
rate of less than 45 Mg/yr (50 tpy), and you increase glass production
for that furnace to an annual rate of at least 45 Mg/yr (50 tpy), you
must comply with the applicable emission limit specified in Sec.
63.11451 within 2 years of the date on which you increased the glass
production rate for the furnace to at least 45 Mg/yr (50 tpy).
(d) If you own or operate a furnace that produces glass at an
annual rate of at least 45 Mg/yr (50 tpy) and is not charged with glass
manufacturing metal HAP, and you begin production of a glass product
that includes one or more glass manufacturing metal HAP as raw
materials, and you produce at least 45 Mg/yr (50 tpy) of this glass
product, you must comply with the applicable emission limit specified
in Sec. 63.11451 within 2 years of the date on which you introduced
production of the glass product that contains glass manufacturing metal
HAP.
(e) You must meet the notification requirements in Sec. 63.11456
according to the schedule in Sec. 63.11456 and in 40 CFR part 63,
subpart A. Some of the notifications must be submitted before you are
required to comply with emission limits specified in this subpart.
Standards, Compliance, and Monitoring Requirements
Sec. 63.11451 What are the standards for new and existing sources?
If you are an owner or operator of an affected furnace, as defined
in Sec. 63.11449(a), you must meet the applicable emission limit
specified in Table 1 to this subpart.
Sec. 63.11452 What are the performance test requirements for new and
existing sources?
(a) If you own or operate an affected furnace that is subject to an
emission limit specified in Table 1 to this subpart, you must conduct a
performance test according to paragraphs (a)(1) through (3) and
paragraph (b) of this section.
(1) For each affected furnace, you must conduct a performance test
within 180 days after your compliance date and report the results in
your Notification of Compliance Status, except as specified in
paragraph (a)(2) of this section.
[[Page 73202]]
(2) You are not required to conduct a performance test on the
affected furnace if you satisfy the conditions described in paragraphs
(a)(2)(i) through (iii) of this section.
(i) You conducted a performance test on the affected furnace within
the past 5 years of the compliance date using the same test methods and
procedures specified in paragraph (b) of this section.
(ii) The performance test demonstrated that the affected furnace
met the applicable emission limit specified in Table 1 to this subpart.
(iii) Either no process changes have been made since the test, or
you can demonstrate that the results of the performance test, with or
without adjustments, reliably demonstrate compliance with the
applicable emission limit.
(3) If you operate multiple identical furnaces, as defined in Sec.
63.11459, that are affected furnaces, you are required to test only one
of the identical furnaces if you meet the conditions specified in
paragraphs (a)(3)(i) through (iii) of this section.
(i) You must conduct the performance test while the furnace is
producing glass that has the greatest potential to emit the glass
manufacturing metal HAP from among the glass formulations that are used
in any of the identical furnaces.
(ii) You certify in your Notification of Compliance Status that the
identical furnaces meet the definition of identical furnaces specified
in Sec. 63.11459.
(iii) You provide in your Notification of Compliance Status
documentation that demonstrates why the tested glass formulation has
the greatest potential to emit the glass manufacturing metal HAP.
(b) You must conduct each performance test according to the
requirements in Sec. 63.7 and paragraphs (b)(1) through (12) and
either paragraph (b)(13) or (b)(14) of this section.
(1) Install and validate all monitoring equipment required by this
subpart before conducting the performance test.
(2) You may not conduct performance tests during periods of
startup, shutdown, or malfunction, as specified in Sec. 63.7(e)(1).
(3) Conduct the test while the source is operating at the maximum
production rate.
(4) Conduct at least three separate test runs with a minimum
duration of 1 hour for each test run, as specified in Sec. 63.7(e)(3).
(5) Record the test date.
(6) Identify the emission source tested.
(7) Collect and record the emission test data listed in this
section for each run of the performance test.
(8) Locate all sampling sites at the outlet of the furnace control
device or at the furnace stack prior to any releases to the atmosphere.
(9) Select the locations of sampling ports and the number of
traverse points using Method 1 or 1A of 40 CFR part 60, appendix A-1.
(10) Measure the gas velocity and volumetric flow rate using Method
2, 2A, 2C, 2F, or 2G of 40 CFR part 60, appendices A-1 and A-2, during
each test run.
(11) Conduct gas molecular weight analysis using Methods 3, 3A, or
3B of 40 CFR part 60, appendix A-2, during each test run. You may use
ANSI/ASME PTC 19.10-1981, Flue and Exhaust Gas Analyses (incorporated
by reference--see Sec. 63.14) as an alternative to EPA Method 3B.
(12) Measure gas moisture content using Method 4 of 40 CFR part 60,
appendix A-3, during each test run.
(13) To meet the particulate matter (PM) emission limit specified
in Table 1 to this subpart, you must conduct the procedures specified
in paragraphs (b)(13)(i) through (v) of this section.
(i) Measure the PM mass emission rate at the outlet of the control
device or at the stack using Method 5 or 17 of 40 CFR part 60,
appendices A-3 or A-6, for each test run.
(ii) Calculate the PM mass emission rate in the exhaust stream for
each test run.
(iii) Measure and record the glass production rate (kilograms
(tons) per hour of product) for each test run.
(iv) Calculate the production-based PM mass emission rate (g/kg
(lb/ton)) for each test run using Equation 1 of this section.
[GRAPHIC] [TIFF OMITTED] TR26DE07.041
Where:
MP = Production-based PM mass emission rate, grams of PM per
kilogram (pounds of PM per ton) of glass produced.
ER = PM mass emission rate measured using Methods 5 or 17 during
each performance test run, grams (pounds) per hour.
P = Average glass production rate for the performance test,
kilograms (tons) of glass produced per hour.
(v) Calculate the 3-hour block average production-based PM mass
emission rate as the average of the production-based PM mass emission
rates for each test run.
(14) To meet the metal HAP emission limit specified in Table 1 to
this subpart, you must conduct the procedures specified in paragraphs
(b)(14)(i) through (v) of this section.
(i) Measure the metal HAP mass emission rate at the outlet of the
control device or at the stack using Method 29 of 40 CFR part 60,
appendix A-8, for each test run.
(ii) Calculate the metal HAP mass emission rate in the exhaust
stream for the glass manufacturing metal HAP that are added as raw
materials to the glass manufacturing formulation for each test run.
(iii) Measure and record the glass production rate (kilograms
(tons) per hour of product) for each test run.
(iv) Calculate the production-based metal HAP mass emission rate
(g/kg (lb/ton)) for each test run using Equation 2 of this section.
[GRAPHIC] [TIFF OMITTED] TR26DE07.042
Where:
MPM = Production-based metal HAP mass emission rate, grams of metal
HAP per kilogram (pounds of metal HAP per ton) of glass produced.
ERM = Sum of the metal HAP mass emission rates for the glass
manufacturing metal HAP that are added as raw materials to the glass
manufacturing formulation and are measured using Method 29 during
each performance test run, grams (pounds) per hour.
P = Average glass production rate for the performance test,
kilograms (tons) of glass produced per hour.
(v) Calculate the 3-hour block average production-based metal HAP
mass emission rate as the average of the production-based metal HAP
mass emission rates for each test run.
Sec. 63.11453 What are the initial compliance demonstration
requirements for new and existing sources?
(a) If you own or operate an affected source, you must submit a
Notification of Compliance Status in accordance with Sec. Sec. 63.9(h)
and 63.11456(b).
(b) For each existing affected furnace that is subject to the
emission limits specified in Table 1 to this subpart, you must
demonstrate initial compliance according to the requirements in
paragraphs (b)(1) through (4) of this section.
(1) For each fabric filter that is used to meet the emission limit
specified in Table 1 to this subpart, you must visually inspect the
system ductwork and fabric filter unit for leaks. You must also inspect
the inside of each fabric filter for structural integrity and fabric
filter condition. You must record the results of the inspection and any
maintenance action as required in Sec. 63.11457(a)(6).
[[Page 73203]]
(2) For each electrostatic precipitator (ESP) that is used to meet
the emission limit specified in Table 1 to this subpart, you must
verify the proper functioning of the electronic controls for corona
power and rapper operation, that the corona wires are energized, and
that adequate air pressure is present on the rapper manifold. You must
also visually inspect the system ductwork and ESP housing unit and
hopper for leaks and inspect the interior of the ESP to determine the
condition and integrity of corona wires, collection plates, hopper, and
air diffuser plates. You must record the results of the inspection and
any maintenance action as required in Sec. 63.11457(a)(6).
(3) You must conduct each inspection specified in paragraphs (b)(1)
and (2) of this section no later than 60 days after your applicable
compliance date specified in Sec. 63.11450, except as specified in
paragraphs (b)(3)(i) and (ii) of this section.
(i) An initial inspection of the internal components of a fabric
filter is not required if an inspection has been performed within the
past 12 months.
(ii) An initial inspection of the internal components of an ESP is
not required if an inspection has been performed within the past 24
months.
(4) You must satisfy the applicable requirements for performance
tests specified in Sec. 63.11452.
(c) For each new affected furnace that is subject to the emission
limit specified in Table 1 to this subpart and is controlled with a
fabric filter, you must install, operate, and maintain a bag leak
detection system according to paragraphs (c)(1) through (3) of this
section.
(1) Each bag leak detection system must meet the specifications and
requirements in paragraphs (c)(1)(i) through (viii) of this section.
(i) The bag leak detection system must be certified by the
manufacturer to be capable of detecting PM emissions at concentrations
of 1 milligram per dry standard cubic meter (0.00044 grains per actual
cubic foot) or less.
(ii) The bag leak detection system sensor must provide output of
relative PM loadings. The owner or operator shall continuously record
the output from the bag leak detection system using electronic or other
means (e.g., using a strip chart recorder or a data logger).
(iii) The bag leak detection system must be equipped with an alarm
system that will sound when the system detects an increase in relative
particulate loading over the alarm set point established according to
paragraph (c)(1)(iv) of this section, and the alarm must be located
such that it can be heard by the appropriate plant personnel.
(iv) In the initial adjustment of the bag leak detection system,
you must establish, at a minimum, the baseline output by adjusting the
sensitivity (range) and the averaging period of the device, the alarm
set points, and the alarm delay time.
(v) Following initial adjustment, you shall not adjust the
averaging period, alarm set point, or alarm delay time without approval
from the Administrator or delegated authority except as provided in
paragraph (c)(1)(vi) of this section.
(vi) Once per quarter, you may adjust the sensitivity of the bag
leak detection system to account for seasonal effects, including
temperature and humidity, according to the procedures identified in the
site-specific monitoring plan required by paragraph (c)(2) of this
section.
(vii) You must install the bag leak detection sensor downstream of
the fabric filter.
(viii) Where multiple detectors are required, the system's
instrumentation and alarm may be shared among detectors.
(2) You must develop and submit to the Administrator or delegated
authority for approval a site-specific monitoring plan for each bag
leak detection system. You must operate and maintain the bag leak
detection system according to the site-specific monitoring plan at all
times. Each monitoring plan must describe the items in paragraphs
(c)(2)(i) through (vi) of this section.
(i) Installation of the bag leak detection system;
(ii) Initial and periodic adjustment of the bag leak detection
system, including how the alarm set-point will be established;
(iii) Operation of the bag leak detection system, including quality
assurance procedures;
(iv) How the bag leak detection system will be maintained,
including a routine maintenance schedule and spare parts inventory
list;
(v) How the bag leak detection system output will be recorded and
stored; and
(vi) Corrective action procedures as specified in paragraph (c)(3)
of this section. In approving the site-specific monitoring plan, the
Administrator or delegated authority may allow owners and operators
more than 3 hours to alleviate a specific condition that causes an
alarm if the owner or operator identifies in the monitoring plan this
specific condition as one that could lead to an alarm, adequately
explains why it is not feasible to alleviate this condition within 3
hours of the time the alarm occurs, and demonstrates that the requested
time will ensure alleviation of this condition as expeditiously as
practicable.
(3) For each bag leak detection system, you must initiate
procedures to determine the cause of every alarm within 1 hour of the
alarm. Except as provided in paragraph (c)(2)(vi) of this section, you
must alleviate the cause of the alarm within 3 hours of the alarm by
taking whatever corrective action(s) are necessary. Corrective actions
may include, but are not limited to the following:
(i) Inspecting the fabric filter for air leaks, torn or broken bags
or filter media, or any other condition that may cause an increase in
PM emissions;
(ii) Sealing off defective bags or filter media;
(iii) Replacing defective bags or filter media or otherwise
repairing the control device;
(iv) Sealing off a defective fabric filter compartment;
(v) Cleaning the bag leak detection system probe or otherwise
repairing the bag leak detection system; or
(vi) Shutting down the process producing the PM emissions.
(d) For each new affected furnace that is subject to the emission
limit specified in Table 1 to this subpart and is controlled with an
ESP, you must install, operate, and maintain according to the
manufacturer's specifications, one or more continuous parameter
monitoring systems (CPMS) for measuring and recording the secondary
voltage and secondary electrical current to each field of the ESP
according to paragraphs (d)(1) through (13) of this section.
(1) The CPMS must have an accuracy of 1 percent of the secondary
voltage and secondary electrical current, or better.
(2) Your CPMS must be capable of measuring the secondary voltage
and secondary electrical current over a range that extends from a value
that is at least 20 percent less than the lowest value that you expect
your CPMS to measure, to a value that is at least 20 percent greater
than the highest value that you expect your CPMS to measure.
(3) The signal conditioner, wiring, power supply, and data
acquisition and recording system of your CPMS must be compatible with
the output signal of the sensors used in your CPMS.
(4) The data acquisition and recording system of your CPMS must be
able to record values over the entire range specified in paragraph
(d)(2) of this section.
(5) The data recording system associated with your CPMS must have
[[Page 73204]]
a resolution of one-half of the required overall accuracy of your CPMS,
as specified in paragraph (d)(1) of this section, or better.
(6) Your CPMS must be equipped with an alarm system that will sound
when the system detects a decrease in secondary voltage or secondary
electrical current below the alarm set point established according to
paragraph (d)(7) of this section, and the alarm must be located such
that it can be heard by the appropriate plant personnel.
(7) In the initial adjustment of the CPMS, you must establish, at a
minimum, the baseline output by adjusting the sensitivity (range) and
the averaging period of the device, the alarm set points, and the alarm
delay time.
(8) You must install each sensor of the CPMS in a location that
provides representative measurement of the appropriate parameter over
all operating conditions, taking into account the manufacturer's
guidelines.
(9) You must perform an initial calibration of your CPMS based on
the procedures specified in the manufacturer's owner's manual.
(10) Your CPMS must be designed to complete a minimum of one cycle
of operation for each successive 15-minute period. To have a valid hour
of data, you must have at least three of four equally-spaced data
values (or at least 75 percent of the total number of values if you
collect more than four data values per hour) for that hour (not
including startup, shutdown, malfunction, or out of control periods).
(11) You must record valid data from at least 90 percent of the
hours during which the affected source or process operates.
(12) You must record the results of each inspection, calibration,
initial validation, and accuracy audit.
(13) At all times, you must maintain your CPMS including, but not
limited to, maintaining necessary parts for routine repairs of the
CPMS.
(e) For each new affected furnace that is subject to the emission
limit specified in Table 1 to this subpart and is controlled by a
device other than a fabric filter or an ESP, you must prepare and
submit a monitoring plan to EPA or the delegated authority for
approval. Each plan must contain the information in paragraphs (e)(1)
through (5) of this section.
(1) A description of the device;
(2) Test results collected in accordance with Sec. 63.11452
verifying the performance of the device for reducing PM or metal HAP to
the levels required by this subpart;
(3) Operation and maintenance plan for the control device
(including a preventative maintenance schedule consistent with the
manufacturer's instructions for routine and long-term maintenance) and
continuous monitoring system;
(4) A list of operating parameters that will be monitored to
maintain continuous compliance with the applicable emission limits; and
(5) Operating parameter limits based on monitoring data collected
during the performance test.
Sec. 63.11454 What are the monitoring requirements for new and
existing sources?
(a) For each monitoring system required by this subpart, you must
install, calibrate, operate, and maintain the monitoring system
according to the manufacturer's specifications and the requirements
specified in paragraphs (a)(1) through (7) of this section.
(1) You must install each sensor of your monitoring system in a
location that provides representative measurement of the appropriate
parameter over all operating conditions, taking into account the
manufacturer's guidelines.
(2) You must perform an initial calibration of your monitoring
system based on the manufacturer's recommendations.
(3) You must use a monitoring system that is designed to complete a
minimum of one cycle of operation for each successive 15-minute period.
(4) For each existing affected furnace, you must record the value
of the monitored parameter at least every 8 hours. The value can be
recorded electronically or manually.
(5) You must record the results of each inspection, calibration,
monitoring system maintenance, and corrective action taken to return
the monitoring system to normal operation.
(6) At all times, you must maintain your monitoring system
including, but not limited to, maintaining necessary parts for routine
repairs of the system.
(7) You must perform the required monitoring whenever the affected
furnace meets the conditions specified in paragraph (a)(7)(i) or (ii)
of this section.
(i) The furnace is being charged with one or more of the glass
manufacturing metal HAP as raw materials.
(ii) The furnace is in transition between producing glass that
contains one or more of the glass metal HAP as raw materials and glass
that does not contain any of the glass manufacturing metal HAP as raw
materials. The transition period begins when the furnace is charged
with raw materials that do not contain any of the glass manufacturing
metal HAP as raw materials and ends when the furnace begins producing a
saleable glass product that does not contain any of the glass
manufacturing metal HAP as raw materials.
(b) For each existing furnace that is subject to the emission limit
specified in Table 1 to this subpart and is controlled with an ESP, you
must meet the requirements specified in paragraphs (b)(1) or (2) of
this section.
(1) You must monitor the secondary voltage and secondary electrical
current to each field of the ESP according to the requirements of
paragraph (a) of this section, or
(2) You must submit a request for alternative monitoring, as
described in paragraph (g) of this section.
(c) For each existing furnace that is subject to the emission limit
specified in Table 1 to this subpart and is controlled with a fabric
filter, you must meet the requirements specified in paragraphs (c)(1)
or (2) of this section.
(1) You must monitor the inlet temperature to the fabric filter
according to the requirements of paragraph (a) of this section, or
(2) You must submit a request for alternative monitoring, as
described in paragraph (g) of this section.
(d) For each new furnace that is subject to the emission limit
specified in Table 1 to this subpart and is controlled with an ESP, you
must monitor the voltage and electrical current to each field of the
ESP on a continuous basis using one or more CPMS according to the
requirements for CPMS specified in Sec. 63.11453(d).
(e) For each new furnace that is subject to the emission limit
specified in Table 1 to this subpart and is controlled with a fabric
filter, you must install and operate a bag leak detection system
according to the requirements specified in Sec. 63.11453(c).
(f) For each new or existing furnace that is subject to the
emission limit specified in Table 1 to this subpart and is equipped
with a control device other than an ESP or fabric filter, you must meet
the requirements in Sec. 63.8(f) and submit a request for approval of
alternative monitoring methods to the Administrator no later than the
submittal date for the Notification of Compliance Status, as specified
in Sec. 63.11456(b). The request must contain the information
specified in paragraphs (f)(1) through (5) of this section.
(1) Description of the alternative add-on air pollution control
device (APCD).
(2) Type of monitoring device or method that will be used,
including the sensor type, location, inspection
[[Page 73205]]
procedures, quality assurance and quality control (QA/QC) measures, and
data recording device.
(3) Operating parameters that will be monitored.
(4) Frequency that the operating parameter values will be measured
and recorded.
(5) Procedures for inspecting the condition and operation of the
control device and monitoring system.
(g) If you wish to use a monitoring method other than those
specified in paragraph (b)(1) or (c)(1) of this section, you must meet
the requirements in Sec. 63.8(f) and submit a request for approval of
alternative monitoring methods to the Administrator no later than the
submittal date for the Notification of Compliance Status, as specified
in Sec. 63.11456(b). The request must contain the information
specified in paragraphs (g)(1) through (5) of this section.
(1) Type of monitoring device or method that will be used,
including the sensor type, location, inspection procedures, QA/QC
measures, and data recording device.
(2) Operating parameters that will be monitored.
(3) Frequency that the operating parameter values will be measured
and recorded.
(4) Procedures for inspecting the condition and operation of the
monitoring system.
(5) Explanation for how the alternative monitoring method will
provide assurance that the emission control device is operating
properly.
Sec. 63.11455 What are the continuous compliance requirements for new
and existing sources?
(a) You must be in compliance with the applicable emission limits
in this subpart at all times, except during periods of startup,
shutdown, and malfunction.
(b) You must 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).
(c) For each affected furnace that is subject to the emission limit
specified in Table 1 to this subpart, you must monitor the performance
of the furnace emission control device under the conditions specified
in Sec. 63.11454(a)(7) and according to the requirements in Sec. Sec.
63.6(e)(1) and 63.8(c) and paragraphs (c)(1) through (6) of this
section.
(1) For each existing affected furnace that is controlled with an
ESP, you must monitor the parameters specified in Sec. 63.11454(b) in
accordance with the requirements of Sec. 63.11454(a) or as specified
in your approved alternative monitoring plan.
(2) For each new affected furnace that is controlled with an ESP,
you must comply with the monitoring requirements specified in Sec.
63.11454(d) in accordance with the requirements of Sec. 63.11454(a) or
as specified in your approved alternative monitoring plan.
(3) For each existing affected furnace that is controlled with a
fabric filter, you must monitor the parameter specified in Sec.
63.11454(c) in accordance with the requirements of Sec. 63.11454(a) or
as specified in your approved alternative monitoring plan.
(4) For each new affected furnace that is controlled with a fabric
filter, you must comply with the monitoring requirements specified in
Sec. 63.11454(e) in accordance with the requirements of Sec.
63.11454(a) or as specified in your approved alternative monitoring
plan.
(5) For each affected furnace that is controlled with a device
other than a fabric filter or ESP, you must comply with the
requirements of your approved alternative monitoring plan, as required
in Sec. 63.11454(g).
(6) For each monitoring system that is required under this subpart,
you must keep the records specified in Sec. 63.11457.
(d) Following the initial inspections, you must perform periodic
inspections and maintenance of each affected furnace control device
according to the requirements in paragraphs (d)(1) through (4) of this
section.
(1) For each fabric filter, you must conduct inspections at least
every 12 months according to paragraphs (d)(1)(i) through (iii) of this
section.
(i) You must inspect the ductwork and fabric filter unit for
leakage.
(ii) You must inspect the interior of the fabric filter for
structural integrity and to determine the condition of the fabric
filter.
(iii) If an initial inspection is not required, as specified in
Sec. 63.11453(b)(3)(i), the first inspection must not be more than 12
months from the last inspection.
(2) For each ESP, you must conduct inspections according to the
requirements in paragraphs (d)(2)(i) through (iii) of this section.
(i) You must conduct visual inspections of the system ductwork,
housing unit, and hopper for leaks at least every 12 months.
(ii) You must conduct inspections of the interior of the ESP to
determine the condition and integrity of corona wires, collection
plates, plate rappers, hopper, and air diffuser plates every 24 months.
(iii) If an initial inspection is not required, as specified in
Sec. 63.11453(b)(3)(ii), the first inspection must not be more than 24
months from the last inspection.
(3) You must record the results of each periodic inspection
specified in this section in a logbook (written or electronic format),
as specified in Sec. 63.11457(c).
(4) If the results of a required inspection indicate a problem with
the operation of the emission control system, you must take immediate
corrective action to return the control device to normal operation
according to the equipment manufacturer's specifications or
instructions.
(e) For each affected furnace that is subject to the emission limit
specified in Table 1 to this subpart and can meet the applicable
emission limit without the use of a control device, you must
demonstrate continuous compliance by satisfying the applicable
recordkeeping requirements specified in Sec. 63.11457.
Notifications and Records
Sec. 63.11456 What are the notification requirements?
(a) If you own or operate an affected furnace, as defined in Sec.
63.11449(a), you must submit an Initial Notification in accordance with
Sec. 63.9(b) and paragraphs (a)(1) and (2) of this section by the
dates specified.
(1) As specified in Sec. 63.9(b)(2), if you start up your affected
source before December 26, 2007, you must submit an Initial
Notification not later than April 24, 2008 or within 120 days after
your affected source becomes subject to the standard.
(2) The Initial Notification must include the information specified
in Sec. 63.9(b)(2)(i) through (iv).
(b) You must submit a Notification of Compliance Status in
accordance with Sec. 63.9(h) and the requirements in paragraphs (b)(1)
and (2) of this section.
(1) If you own or operate an affected furnace and are required to
conduct a performance test, you must submit a Notification of
Compliance Status, including the performance test results, before the
close of business on the 60th day following the completion of the
performance test, according to Sec. 60.8 or Sec. 63.10(d)(2).
(2) If you own or operate an affected furnace and satisfy the
conditions specified in Sec. 63.11452(a)(2) and are not required to
conduct a performance test, you must submit a Notification of
Compliance Status, including the results of the previous performance
test, before the close of business on the compliance date specified in
Sec. 63.11450.
[[Page 73206]]
Sec. 63.11457 What are the recordkeeping requirements?
(a) You must keep the records specified in paragraphs (a)(1)
through (8) of this section.
(1) A copy of any Initial Notification and Notification of
Compliance Status that you submitted and all documentation supporting
those notifications, according to the requirements in Sec.
63.10(b)(2)(xiv).
(2) The records specified in Sec. 63.10(b)(2) and (c)(1) through
(13).
(3) The records required to show continuous compliance with each
emission limit that applies to you, as specified in Sec. 63.11455.
(4) For each affected source, records of production rate on a
process throughput basis (either feed rate to the process unit or
discharge rate from the process unit). The production data must include
the amount (weight or weight percent) of each ingredient in the batch
formulation, including all glass manufacturing metal HAP compounds.
(5) Records of maintenance activities and inspections performed on
control devices as specified in Sec. Sec. 63.11453(b) and 63.11455(d),
according to paragraphs (a)(5)(i) through (v) of this section.
(i) The date, place, and time of inspections of control device
ductwork, interior, and operation.
(ii) Person conducting the inspection.
(iii) Technique or method used to conduct the inspection.
(iv) Control device operating conditions during the time of the
inspection.
(v) Results of the inspection and description of any corrective
action taken.
(6) Records of all required monitoring data and supporting
information including all calibration and maintenance records.
(7) For each bag leak detection system, the records specified in
paragraphs (a)(7)(i) through (iii) of this section.
(i) Records of the bag leak detection system output;
(ii) Records of bag leak detection system adjustments, including
the date and time of the adjustment, the initial bag leak detection
system settings, and the final bag leak detection system settings; and
(iii) The date and time of all bag leak detection system alarms,
the time that procedures to determine the cause of the alarm were
initiated, the cause of the alarm, an explanation of the actions taken,
the date and time the cause of the alarm was alleviated, and whether
the alarm was alleviated within 3 hours of the alarm.
(8) Records of any approved alternative monitoring method(s) or
test procedure(s).
(b) Your records must be in a form suitable and readily available
for expeditious review, according to Sec. 63.10(b)(1).
(c) You must record the results of each inspection and maintenance
action in a logbook (written or electronic format). You must keep the
logbook onsite and make the logbook available to the permitting
authority upon request.
(d) As specified in Sec. 63.10(b)(1), you must keep each record
for a minimum of 5 years following the date of each occurrence,
measurement, maintenance, corrective action, report, or record.
You must keep each record onsite for at least 2 years after the
date of each occurrence, measurement, maintenance, corrective action,
report, or record, according to Sec. 63.10(b)(1). You may keep the
records offsite for the remaining three years.
Other Requirements and Information
Sec. 63.11458 What General Provisions apply to this subpart?
You must satisfy the requirements of the General Provisions in 40
CFR part 63, subpart A, as specified in Table 2 to this subpart.
Sec. 63.11459 What definitions apply to this subpart?
Terms used in this subpart are defined in the Clean Air Act, in
Sec. 63.2, and in this section as follows:
Air pollution control device (APCD) means any equipment that
reduces the quantity of a pollutant that is emitted to the air.
Continuous furnace means a glass manufacturing furnace that
operates continuously except during periods of maintenance,
malfunction, control device installation, reconstruction, or
rebuilding.
Cullet means recycled glass that is mixed with raw materials and
charged to a glass melting furnace to produce glass. Cullet is not
considered to be a raw material for the purposes of this subpart.
Electrostatic precipitator (ESP) means an APCD that removes PM from
an exhaust gas stream by applying an electrical charge to particles in
the gas stream and collecting the charged particles on plates carrying
the opposite electrical charge.
Fabric filter means an APCD used to capture PM by filtering a gas
stream through filter media.
Furnace stack means a conduit or conveyance through which emissions
from the furnace melter are released to the atmosphere.
Glass manufacturing metal HAP means an oxide or other compound of
any of the following metals included in the list of urban HAP for the
Integrated Urban Air Toxics Strategy and for which Glass Manufacturing
was listed as an area source category: arsenic, cadmium, chromium,
lead, manganese, and nickel.
Glass melting furnace means a unit comprising a refractory-lined
vessel in which raw materials are charged and melted at high
temperature to produce molten glass.
Identical furnaces means two or more furnaces that are identical in
design, including manufacturer, dimensions, production capacity,
charging method, operating temperature, fuel type, burner
configuration, and exhaust system configuration and design.
Particulate matter (PM) means, for purposes of this subpart,
emissions of PM that serve as a measure of filterable particulate
emissions, as measured by Methods 5 or 17 (40 CFR part 60, appendices
A-3 and A-6), and as a surrogate for glass manufacturing metal HAP
compounds contained in the PM including, but not limited to, arsenic,
cadmium, chromium, lead, manganese, and nickel.
Plant site means all contiguous or adjoining property that is under
common control, including properties that are separated only by a road
or other public right-of-way. Common control includes properties that
are owned, leased, or operated by the same entity, parent entity,
subsidiary, or any combination thereof.
Raw material means minerals, such as silica sand, limestone, and
dolomite; inorganic chemical compounds, such as soda ash (sodium
carbonate), salt cake (sodium sulfate), and potash (potassium
carbonate); metal oxides and other metal-based compounds, such as lead
oxide, chromium oxide, and sodium antimonate; metal ores, such as
chromite and pyrolusite; and other substances that are intentionally
added to a glass manufacturing batch and melted in a glass melting
furnace to produce glass. Metals that are naturally-occurring trace
constituents or contaminants of other substances are not considered to
be raw materials. Cullet and material that is recovered from a furnace
control device for recycling into the glass formulation are not
considered to be raw materials for the purposes of this subpart.
Research and development process unit means a process unit whose
purpose is to conduct research and development for new processes and
products and is not engaged in the manufacture of products for
commercial sale, except in a de minimis manner.
[[Page 73207]]
Sec. 63.11460 Who implements and enforces this subpart?
(a) This subpart can be implemented and enforced by the U.S. EPA,
or a delegated authority such as your State, local, or tribal agency.
If the U.S. EPA Administrator has delegated authority to your State,
local, or tribal agency, then that agency has the authority to
implement and enforce this subpart. You should contact your U.S. EPA
Regional Office to find out if this subpart is delegated to your State,
local, or tribal agency.
(b) In delegating implementation and enforcement authority of this
subpart to a State, local, or tribal agency under 40 CFR part 63,
subpart E, the authorities contained in paragraphs (b)(1) through (4)
of this section are retained by the Administrator of the U.S. EPA and
are not transferred to the State, local, or tribal agency.
(1) Approval of alternatives to the applicability requirements in
Sec. Sec. 63.11448 and 63.11449, the compliance date requirements in
Sec. 63.11450, and the emission limits specified in Sec. 63.11451.
(2) Approval of a major change to test methods under Sec.
63.7(e)(2)(ii) and (f) and as defined in Sec. 63.90.
(3) Approval of major alternatives to monitoring under Sec.
63.8(f) and as defined in Sec. 63.90.
(4) Approval of major alternatives to recordkeeping under Sec.
63.10(f) and as defined in Sec. 63.90.
Sec. 63.11461 [Reserved]
Tables to Subpart SSSSSS of Part 63
As required in Sec. 63.11451, you must comply with each emission
limit that applies to you according to the following table:
Table 1 to Subpart SSSSSS of Part 63--Emission Limits
------------------------------------------------------------------------
You must meet one of the
For each. . . following emission limits. . .
------------------------------------------------------------------------
1. New or existing glass melting a. The 3-hour block average
furnace that produces glass at an production-based PM mass
annual rate of at least 45 Mg/yr (50 emission rate must not exceed
tpy) AND is charged with compounds of 0.1 gram per kilogram (g/kg)
arsenic, cadmium, chromium, manganese, (0.2 pound per ton (lb/ton))
lead, or nickel as raw materials. of glass produced; OR
b. The 3-hour block average
production-based metal HAP
mass emission rate must not
exceed 0.01 g/kg (0.02 lb/ton)
of glass produced.
------------------------------------------------------------------------
As stated in Sec. 63.11458, you must comply with the requirements
of the NESHAP General Provisions (40 CFR part 63, subpart A), as shown
in the following table:
Table 2 to Subpart SSSSSS of Part 63--Applicability of General
Provisions to Subpart SSSSSS
------------------------------------------------------------------------
Citation Subject
------------------------------------------------------------------------
Sec. 63.1(a), (b), (c)(1), (c)(2), Applicability.
(c)(5), (e).
Sec. 63.2............................... Definitions.
Sec. 63.3............................... Units and Abbreviations.
Sec. 63.4............................... Prohibited Activities.
Sec. 63.5............................... Construction/Reconstruction.
Sec. 63.6(a), (b)(1)-(b)(5), (b)(7), Compliance with Standards
(c)(1), (c)(2), (c)(5), (e)(1), (f), (g), and Maintenance
(i), (j). Requirements.
Sec. 63.7............................... Performance Testing
Requirements.
Sec. 63.8(a)(1), (a)(2), (b), (c)(1)- Monitoring Requirements.
(c)(4), (c)(7)(i)(B), (c)(7)(ii), (c)(8),
(d), (e)(1), (e)(4), (f).
Sec. 63.9(a), (b)(1)(i)-(b)(2)(v), Notification Requirements.
(b)(5), (c), (d), (h)-(j).
Sec. 63.10(a), (b)(1), (b)(2)(i)- Recordkeeping and Reporting
(b)(2)(xii). Requirements.
Sec. 63.10(b)(2)(xiv), (c), (f)......... Documentation for Initial
Notification and
Notification of Compliance
Status.
Sec. 63.12.............................. State Authority and
Delegations.
Sec. 63.13.............................. Addresses.
Sec. 63.14.............................. Incorporations by Reference.
Sec. 63.15.............................. Availability of Information.
Sec. 63.16.............................. Performance Track
Provisions.
------------------------------------------------------------------------
0
5. Part 63 is amended by adding subpart TTTTTT to read as follows:
Subpart TTTTTT--National Emission Standards for Hazardous Air
Pollutants for Secondary Nonferrous Metals Processing Area Sources
Applicability and Compliance Dates
Sec.
63.11462 Am I subject to this subpart?
63.11463 What parts of my plant does this subpart cover?
63.11464 What are my compliance dates?
Standards, Compliance, and Monitoring Requirements
63.11465 What are the standards for new and existing sources?
63.11466 What are the performance test requirements for new and
existing sources?
63.11467 What are the initial compliance demonstration requirements
for new and existing sources?
63.11468 What are the monitoring requirements for new and existing
sources?
63.11469 What are the notification requirements?
63.11470 What are the recordkeeping requirements?
Other Requirements and Information
63.11471 What General Provisions apply to this subpart?
63.11472 What definitions apply to this subpart?
63.11473 Who implements and enforces this subpart?
63.11474 [Reserved]
Tables to Subpart TTTTTT of Part 63
Table 1 to Subpart TTTTTT of Part 63--Applicability of General
Provisions to Subpart TTTTTT
[[Page 73208]]
Applicability and Compliance Dates
Sec. 63.11462 Am I subject to this subpart?
(a) You are subject to this subpart if you own or operate a
secondary nonferrous metals processing facility (as defined in Sec.
63.11472) that is an area source of hazardous air pollutant (HAP)
emissions.
(b) If you are an owner or operator of an area source subject to
this subpart, you are exempt from the obligation to obtain a permit
under 40 CFR part 70 or 71, provided you are not required to obtain a
permit under 40 CFR 70.3(a) or 71.3(a) for a reason other than your
status as an area source under this subpart. Notwithstanding the
previous sentence, you must continue to comply with the provisions of
this subpart applicable to area sources.
Sec. 63.11463 What parts of my plant does this subpart cover?
(a) This subpart applies to any existing or new affected source
located at a secondary nonferrous metals processing facility.
(b) The affected source includes all crushing and screening
operations at a secondary zinc processing facility and all furnace
melting operations located at any secondary nonferrous metals
processing facilities.
(c) An affected source is existing if you commenced construction or
reconstruction of the affected source on or before September 20, 2007.
(d) An affected source is new if you commenced construction or
reconstruction of the affected source after September 20, 2007.
Sec. 63.11464 What are my compliance dates?
(a) If you have an existing affected source, you must comply with
the standards no later than December 26, 2007.
(b) If you have a new affected source, you must comply with this
subpart according to paragraphs (b)(1) and (b)(2) of this section.
(1) If you start up your affected source on or before December 26,
2007, you must comply with this subpart no later than December 26,
2007.
(2) If you start up your affected source after December 26, 2007,
you must comply with this subpart upon initial startup of your affected
source.
Standards, Compliance, and Monitoring Requirements
Sec. 63.11465 What are the standards for new and existing sources?
(a) You must route the emissions from each existing affected source
through a fabric filter or baghouse that achieves a particulate matter
(PM) control efficiency of at least 99.0 percent or an outlet PM
concentration limit of 0.034 grams per dry standard cubic meter (g/
dscm)(0.015 grains per dry standard cubic feet (gr/dscf)).
(b) You must route the emissions from each new affected source
through a fabric filter or baghouse that achieves a PM control
efficiency of at least 99.5 percent or an outlet PM concentration limit
of 0.023 g/dscm (0.010 gr/dscf).
Sec. 63.11466 What are the performance test requirements for new and
existing sources?
(a) Except as specified in paragraph (b) of this section, if you
own or operate an existing or new affected source, you must conduct a
performance test for each affected source within 180 days of your
compliance date and report the results in your notification of
compliance status.
(b) If you own or operate an existing affected source, you are not
required to conduct a performance test if a prior performance test was
conducted within the past 5 years of the compliance date using the same
methods specified in paragraph (c) of this section and you meet either
of the following two conditions:
(1) No process changes have been made since the test; or
(2) You demonstrate that the results of the performance test, with
or without adjustments, reliably demonstrate compliance despite process
changes.
(c) You must conduct each performance test according to the
requirements in Sec. 63.7 and paragraphs (c)(1) and (2) of this
section.
(1) Determine the concentration of PM according to the following
test methods in 40 CFR part 60, appendices:
(i) Method 1 or 1A (Appendix A-1) to select sampling port locations
and the number of traverse points in each stack or duct. Sampling sites
must be located at the outlet of the control device and prior to any
releases to the atmosphere.
(ii) Method 2, 2A, 2C, 2F, or 2G (Appendices A-1 and A-2) to
determine the volumetric flow rate of the stack gas.
(iii) Method 3, 3A, or 3B (Appendix A-2) to determine the dry
molecular weight of the stack gas. You may use ANSI/ASME PTC 19.10-
1981, ``Flue and Exhaust Gas Analyses'' (incorporated by reference-see
Sec. 63.14) as an alternative to EPA Method 3B.
(iv) Method 4 (Appendix A-3) to determine the moisture content of
the stack gas.
(v) Method 5 or 17 (Appendix A-3) to determine the concentration of
particulate matter (front half filterable catch only). Three valid test
runs are needed to comprise a performance test.
(2) During the test, you must operate each emissions source within
10 percent of its normal process rate. You must monitor and
record the process rate during the test.
Sec. 63.11467 What are the initial compliance demonstration
requirements for new and existing sources?
(a) You must demonstrate initial compliance with the applicable
standards in Sec. 63.11465 by submitting a Notification of Compliance
Status in accordance with Sec. 63.11469(b).
(b) You must conduct the inspection specified in paragraph (c) of
this section and include the results of the inspection in the
Notification of Compliance Status.
(c) For each existing and new affected source, you must conduct an
initial inspection of each baghouse. You must visually inspect the
system ductwork and baghouse unit for leaks. Except as specified in
paragraph (e) of this section, you must also inspect the inside of each
baghouse for structural integrity and fabric filter condition. You must
record the results of the inspection and any maintenance action as
required in Sec. 63.11470.
(d) For each installed baghouse that is in operation during the 60
days after the applicable compliance date, you must conduct the
inspection specified in paragraph (c) of this section no later than 60
days after your applicable compliance date. For an installed baghouse
that is not in operation during the 60 days after the applicable
compliance date, you must conduct an initial inspection prior to
startup of the baghouse.
(e) An initial inspection of the internal components of a baghouse
is not required if an inspection has been performed within the past 12
months.
(f) If you own or operate an existing affected source and are not
required to conduct a performance test under Sec. 63.11466, you must
submit the Notification of Compliance Status within 120 days after the
applicable compliance date specified in Sec. 63.11464.
(g) If you own or operate an existing affected source and are
required to conduct a performance test under Sec. 63.11466, you must
submit the Notification of Compliance Status within 60 days after
completing the performance test.
Sec. 63.11468 What are the monitoring requirements for new and
existing sources?
(a) For an existing affected source, you must demonstrate
compliance by conducting the monitoring activities in paragraph (a)(1)
or (a)(2) of this section:
(1) You must perform periodic inspections and maintenance of each
[[Page 73209]]
baghouse according to the requirements in paragraphs (a)(1)(i) and (ii)
of this section.
(i) You must conduct weekly visual inspections of the system
ductwork for leaks.
(ii) You must conduct inspections of the interior of the baghouse
for structural integrity and to determine the condition of the fabric
filter every 12 months.
(2) As an alternative to the monitoring requirements in paragraph
(a)(1) of this section, you may demonstrate compliance by conducting a
daily 30-minute visible emissions (VE) test (i.e., no visible
emissions) using EPA Method 22 (40 CFR part 60, appendix A-7).
(b) If the results of the visual inspection or VE test conducted
under paragraph (a) of this section indicate a problem with the
operation of the baghouse, including but not limited to air leaks, torn
or broken bags or filter media, or any other condition that may cause
an increase in PM emissions, you must take immediate corrective action
to return the baghouse to normal operation according to the equipment
manufacturer's specifications or instructions and record the corrective
action taken.
(c) For each new affected source, you must install, operate, and
maintain a bag leak detection system according to paragraphs (c)(1)
through (3) of this section.
(1) Each bag leak detection system must meet the specifications and
requirements in paragraphs (c)(1)(i) through (viii) of this section.
(i) The bag leak detection system must be certified by the
manufacturer to be capable of detecting PM emissions at concentrations
of 1 milligram per dry standard cubic meter (0.00044 grains per actual
cubic foot) or less.
(ii) The bag leak detection system sensor must provide output of
relative PM loadings. The owner or operator shall continuously record
the output from the bag leak detection system using electronic or other
means (e.g., using a strip chart recorder or a data logger).
(iii) The bag leak detection system must be equipped with an alarm
system that will sound when the system detects an increase in relative
particulate loading over the alarm set point established according to
paragraph (c)(1)(iv) of this section, and the alarm must be located
such that it can be heard by the appropriate plant personnel.
(iv) In the initial adjustment of the bag leak detection system,
you must establish, at a minimum, the baseline output by adjusting the
sensitivity (range) and the averaging period of the device, the alarm
set points, and the alarm delay time.
(v) Following initial adjustment, you shall not adjust the
averaging period, alarm set point, or alarm delay time without approval
from the Administrator or delegated authority except as provided in
paragraph (c)(1)(vi) of this section.
(vi) Once per quarter, you may adjust the sensitivity of the bag
leak detection system to account for seasonal effects, including
temperature and humidity, according to the procedures identified in the
site-specific monitoring plan required by paragraph (c)(2) of this
section.
(vii) You must install the bag leak detection sensor downstream of
the fabric filter.
(viii) Where multiple detectors are required, the system's
instrumentation and alarm may be shared among detectors.
(2) You must develop and submit to the Administrator or delegated
authority for approval a site-specific monitoring plan for each bag
leak detection system. You must operate and maintain the bag leak
detection system according to the site-specific monitoring plan at all
times. Each monitoring plan must describe the items in paragraphs
(c)(2)(i) through (vi) of this section.
(i) Installation of the bag leak detection system;
(ii) Initial and periodic adjustment of the bag leak detection
system, including how the alarm set-point will be established;
(iii) Operation of the bag leak detection system, including quality
assurance procedures;
(iv) How the bag leak detection system will be maintained,
including a routine maintenance schedule and spare parts inventory
list;
(v) How the bag leak detection system output will be recorded and
stored; and
(vi) Corrective action procedures as specified in paragraph (c)(3)
of this section. In approving the site-specific monitoring plan, the
Administrator or delegated authority may allow owners and operators
more than 3 hours to alleviate a specific condition that causes an
alarm if the owner or operator identifies in the monitoring plan this
specific condition as one that could lead to an alarm, adequately
explains why it is not feasible to alleviate this condition within 3
hours of the time the alarm occurs, and demonstrates that the requested
time will ensure alleviation of this condition as expeditiously as
practicable.
(3) For each bag leak detection system, you must initiate
procedures to determine the cause of every alarm within 1 hour of the
alarm. Except as provided in paragraph (c)(2)(vi) of this section, you
must alleviate the cause of the alarm within 3 hours of the alarm by
taking whatever corrective action(s) are necessary. Corrective actions
may include, but are not limited to the following:
(i) Inspecting the fabric filter for air leaks, torn or broken bags
or filter media, or any other condition that may cause an increase in
PM emissions;
(ii) Sealing off defective bags or filter media;
(iii) Replacing defective bags or filter media or otherwise
repairing the control device;
(iv) Sealing off a defective fabric filter compartment;
(v) Cleaning the bag leak detection system probe or otherwise
repairing the bag leak detection system; or
(vi) Shutting down the process producing the PM emissions.
Sec. 63.11469 What are the notification requirements?
(a) You must submit the Initial Notification required by Sec.
63.9(b)(2) no later than 120 days after the applicable compliance date
specified in Sec. 63.11464. The Initial Notification must include the
information specified in Sec. 63.9(b)(2)(i) through (iv) and may be
combined with the Notification of Compliance Status required in Sec.
63.11467 and paragraph (b) of this section if you choose to submit both
notifications within 120 days.
(b) You must submit a Notification of Compliance Status in
accordance with Sec. 63.9(h) and the requirements in paragraphs (c)
and (d) of this section. In addition to the information required in
Sec. 63.9(h)(2), Sec. 63.11466, and Sec. 63.11467, your notification
must include the following certification(s) of compliance, as
applicable, and signature of a responsible official:
(1) This certification of compliance by the owner or operator of an
existing affected source who is relying on a previous performance test:
``This facility complies with the control efficiency requirement [or
the outlet concentration limit] in Sec. 63.11465 based on a previous
performance test in accordance with Sec. 63.11466.''
(2) This certification of compliance by the owner or operator of
any new or existing affected source: ``This facility has conducted an
initial inspection of each control device according to the requirements
in Sec. 63.11467, will conduct periodic inspections and maintenance of
control devices in accordance with Sec. 63.11468, and will maintain
records of each inspection and maintenance action required by Sec.
63.11470.''
[[Page 73210]]
(3) This certification of compliance by the owner or operator of a
new affected source: ``This facility has an approved bag leak detection
system monitoring plan in accordance with Sec. 63.11468(c)(2).''
(c) If you own or operate an affected source and are required to
conduct a performance test under Sec. 63.11466, you must submit a
Notification of Compliance Status, including the performance test
results, before the close of business on the 60th day following the
completion of the performance test.
(d) If you own or operate an affected source and are not required
to conduct a performance test under Sec. 63.11466, you must submit a
Notification of Compliance Status, including the results of the
previous performance test, no later than 120 days after the applicable
compliance date specified in Sec. 63.11464.
Sec. 63.11470 What are the recordkeeping requirements?
(a) You must keep the records specified in paragraphs (a)(1) and
(2) of this section.
(1) As required in Sec. 63.10(b)(2)(xiv), you must keep a copy of
each notification that you submitted to comply with this subpart and
all documentation supporting any Initial Notification or Notification
of Compliance Status that you submitted.
(2) You must keep the records of all inspection and monitoring data
required by Sec. Sec. 63.11467 and 63.11468, and the information
identified in paragraphs (a)(2)(i) through (a)(2)(v) for each required
inspection or monitoring.
(i) The date, place, and time;
(ii) Person conducting the activity;
(iii) Technique or method used;
(iv) Operating conditions during the activity; and
(v) Results.
(b) Your records must be in a form suitable and readily available
for expeditious review, according to Sec. 63.10(b)(1).
(c) As specified in Sec. 63.10(b)(1), you must keep each record
for 5 years following the date of each recorded action.
(d) You must keep each record onsite for at least 2 years after the
date of each recorded action according to Sec. 63.10(b)(1). You may
keep the records offsite for the remaining three years.
Other Requirements and Information
Sec. 63.11471 What General Provisions apply to this subpart?
Table 1 to this subpart shows which parts of the General Provisions
in Sec. Sec. 63.1 through 63.16 apply to you.
Sec. 63.11472 What definitions apply to this subpart?
Terms used in this subpart are defined in the Clean Air Act, in
Sec. 63.2, and in this section as follows:
Bag leak detection system means a system that is capable of
continuously monitoring relative particulate matter (dust loadings) in
the exhaust of a baghouse to detect bag leaks and other upset
conditions. A bag leak detection system includes, but is not limited
to, an instrument that operates on triboelectric, light scattering,
light transmittance, or other effect to continuously monitor relative
particulate matter loadings.
Furnace melting operation means the collection of processes used to
charge post-consumer nonferrous scrap material to a furnace, melt the
material, and transfer the molten material to a forming medium.
Secondary nonferrous metals processing facility means a brass and
bronze ingot making, secondary magnesium processing, or secondary zinc
processing plant that uses furnace melting operations to melt post-
consumer nonferrous metal scrap to make products including bars,
ingots, blocks, or metal powders.
Sec. 63.11473 Who implements and enforces this subpart?
(a) This subpart can be implemented and enforced by the U.S. EPA or
a delegated authority such as your State, local, or tribal agency. If
the U.S. EPA Administrator has delegated authority to your State,
local, or tribal agency, then that agency has the authority to
implement and enforce this subpart. You should contact your U.S. EPA
Regional Office to find out if this subpart is delegated to your State,
local, or tribal agency.
(b) In delegating implementation and enforcement authority of this
subpart to a State, local, or tribal agency under 40 CFR part 63,
subpart E, the authorities contained in paragraph (c) of this section
are retained by the Administrator of the U.S. EPA and are not
transferred to the State, local, or tribal agency.
(c) The authorities that will not be delegated to State, local, or
tribal agencies are listed in paragraphs (c)(1) through (4) of this
section.
(1) Approval of alternatives to the applicability requirements in
Sec. 63.11462 and 63.11463, the compliance date requirements in Sec.
63.11464, and the applicable standards in Sec. 63.11465.
(2) Approval of a major change to a test method under Sec.
63.7(e)(2)(ii) and (f). A ``major change to test method'' is defined in
Sec. 63.90.
(3) Approval of a major change to monitoring under Sec. 63.8(f). A
``major change to monitoring'' is defined in Sec. 63.90.
(4) Approval of a major change to recordkeeping/reporting under
Sec. 63.10(f). A ``major change to recordkeeping/reporting'' is
defined in Sec. 63.90.
Sec. 63.11474 [Reserved]
Tables to Subpart TTTTTT of Part 63
As stated in Sec. 63.11471, you must comply with the requirements
of the NESHAP General Provisions (40 CFR part 63, subpart A) shown in
the following table:
Table 1 to Subpart TTTTTT of Part 63--Applicability of General
Provisions to Subpart TTTTTT
------------------------------------------------------------------------
Citation Subject
------------------------------------------------------------------------
63.1(a)(1)-(a)(4), (a)(6), (a)(10)- Applicability.
(a)(12), (b)(1), (b)(3), (c)(1),\1\
(c)(2), (c)(5), (e).
63.2...................................... Definitions.
63.3...................................... Units and Abbreviations.
63.4...................................... Prohibited Activities and
Circumvention.
63.6(a), (b)(1)-(b)(5), (b)(7), (c)(1), Compliance With Standards
(c)(2), (c)(5), (e)(1), (f), (g), (i), and Maintenance
(j). Requirements.
63.7...................................... Performance Testing
Requirements
63.8(a)(1), (a)(2), (b), (c)(1)(i)- Monitoring Requirements.
(c)(1)(ii), (c)(2), (c)(3), (f).
63.9(a), (b)(1), (b)(2), (b)(5), (c), (d), Notification Requirements.
(h)(1)-(h)(3), (h)(5), (h)(6), (i), (j).
63.10(a), (b)(1), (b)(2)(vii), Recordkeeping and Reporting
(b)(2)(xiv), (b)(3), (c), (f). Requirements.
63.12..................................... State Authority and
Delegations.
63.13..................................... Addresses.
63.14..................................... Incorporations by Reference.
[[Page 73211]]
63.15..................................... Availability of Information
and Confidentiality.
63.16..................................... Performance Track
Provisions.
------------------------------------------------------------------------
\1\ Section 63.11462(b) of this subpart exempts area sources from the
obligation to obtain title V operating permits.
[FR Doc. E7-24720 Filed 12-21-07; 8:45 am]
BILLING CODE 6560-50-P