30194 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Rules and Regulations

ENVIRONMENTAL PROTECTION action include primary lead smelters the 174 categories of sources listed. The AGENCY (SIC 3339). This action will affect three category consists of smelters that existing primary lead smelting facilities process lead bearing ore concentrates 40 CFR Part 63 and any new primary lead smelting into lead metal. The listing was based [AD±FRL±6345±8] facilities built in the future. on the Administrator’s determination Technology Transfer Network. The that primary lead smelters may RIN 2060±AE97 text of today’s notice will also be reasonably be anticipated to emit available on the Technology Transfer several of the 188 listed HAP’s in National Emission Standards for Network (TTN), one of EPA’s electronic quantities sufficient to designate them Hazardous Air Pollutants for Primary bulletin boards. The TTN provides as major sources. Information Lead Smelting information and technology exchange in subsequently collected by the EPA as AGENCY: Environmental Protection various areas of air pollution control. part of this rulemaking confirms that all Agency (EPA). The service is free, except for the cost three operating primary lead smelters ACTION: Final rule. of a phone call. Dial (919) 541–5742 for have the potential to emit greater than up to a 14,400 BPS modem. The TTN 9.1 megagrams per year (Mg/yr) (10 tons SUMMARY: This action promulgates also is accessible through the Internet at per year (tpy)) of a single HAP or greater national emission standards for ‘‘http://www.epa.gov/ttn’’. If more than 22.7 Mg/yr (25 tpy) of a hazardous air pollutants (NESHAP) for information on the TTN is needed, call combination of HAP’s (Docket ID No. II- new and existing primary lead smelters the HELP line at (919) 541–5348. The B–4). Therefore, all three primary lead pursuant to section 112 of the Clean Air HELP desk is staffed from 11 a.m. to 5 smelters are major sources. Act (Act) as amended in November p.m.; a voice menu system is available This NESHAP was proposed in the 1990. Primary lead smelters have been at other times. Federal Register on April 17, 1998 (63 identified by the EPA as significant Outline. FR 19200). The EPA received 2 letters emitters of lead compounds, and other The information presented in this commenting on the proposed rule. The metal hazardous air pollutants (HAP) preamble is organized as follows: EPA received no requests for a public including arsenic, antimony, and I. Background hearing. cadmium. Exposure to lead compounds II. Summary A supplemental proposal was may result in adverse effects on the A. Summary of the Promulgated Standards published in the Federal Register on blood, central nervous system and B. Summary of Major Changes Since February 12, 1999 (64 FR 7149). This kidneys. Chronic exposure to arsenic is Proposal notice proposed an operating limit that associated with skin, bladder, liver and C. Summary of Environmental, Energy, and would require owners and operators of lung cancer and other developmental Economic Impacts a primary lead smelter (referred to as and reproductive effects. This NESHAP III. Public Participation operators in the remainder of this provides protection to the public by IV. Summary of Comments and Responses A. Comments on April 1998 Proposal preamble) to operate and maintain each requiring all primary lead smelters to B. Comments on February 1999 affected baghouse such that the required meet emission standards that reflect the Supplemental Proposal bag leak detection system would not application of maximum achievable V. Administrative Requirements sound more than five percent of the control technology (MACT). A. Docket operating time. The EPA received three EFFECTIVE DATE: June 4, 1999. B. Executive Order 12866 letters commenting on the supplemental ADDRESSES: Docket. Docket No. A–97– C. Executive Order 12875 proposal. The EPA received no requests 33 contains supporting information D. Executive Order 13084 for a public hearing on the E. Unfunded Mandates Reform Act supplemental proposal. used in developing the standards. The F. Regulatory Flexibility Act docket is located at the U.S. G. Paperwork Reduction Act II. Summary Environmental Protection Agency, 401 H. Submission to Congress and the General M Street, SW, Washington, DC. 20460 in Accounting Office A. Summary of the Promulgated room M–1500, Waterside Mall (ground I. National Technology Transfer and Standards floor), and may be inspected from 8:30 Advancement Act Standards are being promulgated to a.m. to 12:00 p.m. and 1:00 to 3:00 p.m., J. Pollution Prevention Considerations K. Protection of Children from limit metal HAP emissions from: (1) Monday through Friday. The regulatory process sources, (2) process fugitive text and other materials related to this Environmental Health Risks and Safety Risk Under Executive Order 13045 sources, and (3) fugitive dust sources at rulemaking are available for review in L. Judicial Review primary lead smelters. Process source the docket or copies may be mailed on emissions are discharged as the main request from the Air Docket by calling I. Background exhaust of a sinter machine or smelting (202) 260–7548. A reasonable fee may Section 112 of the Act requires that furnace through a chimney, flue, or be charged for copying docket materials. the EPA promulgate regulations ductwork. Process sources that are FOR FURTHER INFORMATION CONTACT: For requiring the control of HAP emissions regulated include sinter machines, blast information concerning these standards from major and certain area sources. furnaces, and dross furnaces. and technical aspects of primary lead The control of HAP’s is achieved Process fugitive emission sources that smelting emissions and control, contact through promulgation of emission are regulated include sinter machine Mr. Kevin Cavender, Environmental standards under sections 112(d) and (f) charging and discharging, sinter Protection Agency, MD–13, Research and, in appropriate circumstances, work crushing and sizing, blast furnace Triangle Park, NC 27711, telephone practice standards under section 112(h). tapping, and dross furnace charging and number (919) 541–2364, facsimile An initial list of categories of major tapping. number (919) 541–5600, electronic mail and area sources of HAP’s selected for Fugitive dust sources that are address ‘‘[email protected].’’. regulation in accordance with section regulated include plant yards and SUPPLEMENTARY INFORMATION: 112(c) of the Act was published in the roadways subject to wind and vehicle Regulated Entities. The regulated Federal Register on July 16, 1992 (57 FR traffic, process areas, and materials category and entities affected by this 31576). Primary lead smelting is one of handling and storage areas.

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1. Process and Process Fugitive Sources 2. Standards for Fugitive Dust Sources Operators are required to perform an initial compliance demonstration for the A ‘‘plant wide’’ emission limit is The standards for fugitive dust sources are in the form of work practice sinter machine building in-draft being promulgated for lead compounds requirement. Operators are required to from process and process fugitive and operating standards. The EPA is setting work practice and operating demonstrate in-draft at all doorway emission sources. The lead compound openings using an anemometer or emission limit is a surrogate for all standards based on the determination in accordance with section 112 (h)(2)(A) equivalent device. The demonstration is metal HAP’s and will apply to both to be conducted when wind speed is existing and new sources. The that the HAPs controlled by those standards cannot be emitted through a less than two meters per second (five aggregated lead emissions from the miles per hour.) following process and process fugitive conveyance designed and constructed to sources are limited to 500 g/Mg of lead emit or capture those HAP. Again, the 5. Monitoring Requirements standards apply to fugitive dust sources produced (1.0 lb/ton of lead produced): Each operator subject to the NESHAP (1) Sinter machine; at both new and existing smelters. Each primary lead smelter shall develop a shall be required to develop and operate (2) Blast furnace; Standard Operating Procedures (SOP) according to a SOP manual for operation (3) Dross furnace; manual for fugitive dust sources that and maintenance of the control devices (4) Dross furnace charging location; details procedures to limit fugitive dust used to comply with the emission (5) Blast and dross furnace tapping emissions. Each smelter’s SOP manual limits. Each smelter’s SOP manual shall locations; shall be reviewed and subject to be reviewed and subject to approval by the Administrator. The minimum SOP (6) Sinter machine charging location; approval by the Administrator. Existing requirements identified in the rule shall (7) Sinter machine discharge end; manuals developed as part of a control strategy to meet a facility’s State serve as the criteria by which the (8) Sinter crushing and sizing Administrator would decide whether to equipment; and implementation plan (SIP) may be used to meet this requirement if the existing approve a smelter’s SOP. (9) Sinter machine area. manuals address the identified fugitive Minimum requirements for the bag In addition to the emission limit, dust sources. leak detection system required in the work practice standards are required for process and process fugitive standards the above listed fugitive sources (items 3. Compliance Dates section are detailed. The bag leak 4 through 9). The charging, tapping, and Compliance with the standards must detection system shall be equipped with sinter handling sources identified above be achieved by June 4, 2001 for existing an audible alarm that automatically (items 4 through 8) shall be equipped primary lead smelters, and upon startup sounds when an increase in particulate with a hood ventilated to an air for new and reconstructed smelters. emissions above a predetermined level pollution control device. The hood is detected. The system shall be capable design and ventilation rate shall be 4. Compliance Test Methods of detecting PM emissions at consistent with the American The following EPA test methods will concentrations of 10 milligrams per Conference of Governmental Industrial be used to measure the lead emissions actual cubic meter (0.004 grains per Hygienists (ACGIH) recommended from the process and process fugitive actual cubic foot) and provide an output practices. In addition, the sinter sources included in the plant wide of relative PM emissions. Operators machine and sinter crushing and sizing emission limit. Testing of lead shall continuously record the bag leak equipment shall be located in a building compound emissions from process and detection system output. Such a device ventilated to a baghouse or equivalent process fugitive emission control shall serve as an indicator of the device at a rate that maintains in-draft devices shall be conducted according to performance of the baghouse and shall through any doorway opening. EPA reference method 12 (40 CFR part provide an indication of when The operator must install a bag leak 60, appendix A). Sampling locations for maintenance of the baghouse is needed. detection system for each baghouse used all compliance tests shall be determined An alarm by itself will not necessarily on a process or process fugitive source. by EPA reference method 1. Stack gas indicate noncompliance with the lead The bag leak detection system shall be velocity and volumetric flow rate shall limit, but would indicate an increase in equipped with an audible alarm that be determined by EPA reference method PM emissions and trigger an inspection automatically sounds when an increase 2. Gas analysis shall be conducted of the baghouse to determine the cause in particulate matter (PM) emissions according to EPA reference method 3 for of the alarm. The operator would above a predetermined level is detected. carbon dioxide, oxygen, excess air, and initiate corrective actions according to Operators are further required to molecular weight on a dry basis. the procedures in their operation, maintain and operate each affected The plant wide emission rate will be maintenance, and monitoring plan. The baghouse such that the bag leak calculated as follows. The previous 12 operator would be considered out of detection device does not sound more calender months production data shall compliance upon failure to initiate than five percent of the total operating be used to calculate lead production within one hour the procedures to time in any 6-month period. Alarms based on the mass produced, and the determine the cause of the alarm, as caused by startups, shutdowns, or lead content of lead products, copper specified in the baghouse operation and malfunctions are not included in the speiss, and copper matte. Plant records maintenance SOP manual. alarm time calculation if the condition will be used to determine the facility Operators are given three options for is described in the startup, shutdown, operating hours for the previous 12 the monitoring of sinter building in- and malfunction plan and the operator calender months. The plant wide draft. Under the first option, operators follows all the procedures in the plan emission rate is calculated by dividing may elect to perform daily checks for in- prescribed for the subject condition. the sum of lead emission rates, draft at all doorway openings using an Alarms caused by a malfunction of the determined through stack testing, for the anemometer or equivalent device. bag leak detection system are also process and process fugitive sources by Checks are only to be conducted when excluded from the alarm time the average hourly lead production rate ambient wind speed is less than two calculation. for the previous 12 calender months. meters per second (five miles per hour).

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Under the second option, operators system (if applicable); (6) records of the to monitor relative particulate matter are required to establish and maintain daily damper position checks (if loadings.’’ the ventilation exhaust rate and damper applicable); (7) records demonstrating The definition of total enclosure has positions at settings that result in an in- implementation of the baghouse SOP; been replaced with a definition of a draft at each open doorway. Operators and (8) records demonstrating building. For the purpose of this are required to install and operate a flow implementation of the fugitive dust subpart, a ‘‘building means a roofed and monitor device on the ventilation controls contained in the smelter’s SOP walled structure with limited openings system that would continuously record manual. to allow access and egress for people the ventilation exhaust rate. Operators In addition to the information and vehicles.’’ are required to conduct an initial required by the General Provisions to The definition of malfunction demonstration of in-draft at all doorway part 63, (40 CFR part 63, subpart A), the included in the General Provisions has openings using an anemometer or operator of a primary lead smelter will been added to the subpart for clarity. A equivalent device while simultaneously be required to submit semi-annual ‘‘malfunction means any sudden, recording the ventilation system exhaust reports containing: (1) records of all infrequent, and not reasonably rate and damper positions. Operators alarms from the bag leak detection preventable failure of air pollution are then required to maintain the system including a description of the control equipment, process equipment, ventilation rate at or above the average procedures taken following each bag or a process to operate in a normal or rate recorded during the in-draft leak detection system alarm; (2) the usual manner. Failures that are caused demonstration, and check and record percent of operating time the bag leak in part by poor maintenance or careless daily the damper positions to ensure detection alarmed; (3) a summary of the operation are not malfunctions.’’ that they are maintained in the position records maintained as part of the A definition of operating time has they were in when the in-draft practices described in the baghouse been added. For the purpose of this demonstration was performed. SOP, including an explanation of the subpart, ‘‘operating time means the As a third option, operators may periods when the procedures were not period of time in hours that an affected petition the administrator or delegated followed and the corrective actions source is in operation beginning at a authority for an alternative monitoring taken; (4) an identification of the startup and ending at the next method by following the procedures and periods when the in-draft was 0.0 shutdown.’’ requirements in § 63.8(f) of the General meters per second or less, and an A definition of plant operating time Provisions. explanation of the corrective actions has been added. For the purpose of this taken (if applicable); (5) an subpart, ‘‘plant operating time means 6. Notification Requirements identification of the periods when the the period of time in hours that either The operator of a primary lead smelter 15-minute volumetric flow rate(s) a sinter machine or blast furnace is in is required to submit the notifications dropped below the minimum operation.’’ described in § 63.9 of the General established during the most recent in- The definition of shutdown in the Provisions to part 63, (40 CFR part 63, draft determination (if applicable); (6) General Provisions has been added to subpart A). These will include the an identification of the days that the the subpart for clarity. A ‘‘shutdown initial notification, notifications of damper positions were not in the means the cessation of operation of an performance tests, and the notification positions established during the most affected source for any purpose.’’ of compliance status. In addition, each recent in-draft determination, and an The definition of startup in the operator will be required to submit the explanation of the corrective actions General Provisions has been added to baghouse operation and maintenance taken (if applicable); and (7) a summary the subpart for clarity. A ‘‘startup means SOP manual and the fugitive dust of the fugitive dust control measures the setting in operation of an affected control SOP manual along with a performed during the required reporting source for any purpose.’’ notification to the Administrator period, including when procedures requesting review and approval of the 2. Standards for Process and Process outlined in the fugitive dust control Fugitive Sources smelter’s SOP manuals. SOP were not followed and the corrective actions taken. The requirements for annual 7. Recordkeeping and Reporting compliance tests have been changed. Requirements B. Summary of Major Changes Since Upon demonstrating compliance for 3 The operator of a primary lead smelter Proposal consecutive years, operators will be will be required to comply with the Based on public comments received allowed up to 24 months between recordkeeping and reporting in response to both the initial notice of compliance tests. Operators will retain requirements described in § 63.10 of the proposal and the supplemental notice, the 24 month compliance test schedule General Provisions to part 63, (40 CFR the EPA has made several changes to the as long as each subsequent test part 63, subpart A). In addition, the proposed rule. A summary of the major demonstrates that the facility is in operator of a primary lead smelter will changes is presented below. compliance with the plant wide be required to retain for 5 years records emission limit. of: (1) production data of the weight and 1. Definitions An operating limit has been added lead content of lead products, copper A definition of bag leak detection that requires operators to maintain and matte, and copper speiss; (2) records of system has been added to the final rule. operate each affected baghouse such bag leak detection system output; (3) an Based on the definition, a ‘‘bag leak that the bag leak detection system does identification of the date and time of all detection system means a system that is not alarm more than five percent of the bag leak detection system alarms, the capable of monitoring particulate matter time in any 6-month period. Alarms time procedures to determine the cause (dust) loadings in the exhaust of a caused by startups, shutdowns, or of the alarm were initiated, their cause, baghouse in order to detect bag failures. malfunctions are not included if the and an explanation of the corrective A bag leak detection system includes, condition is described in the startup, actions taken; (4) records of daily in- but is not limited to, an instrument that shutdown, malfunction plan and the draft checks (if applicable); (5) records operates on triboelectric, light operators follow all the procedures in of the output from the flow monitoring scattering, transmittance or other effect the plan prescribed for the subject

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The only proposal (again, one letter contained and monitor against, the normal costs associated with the standards are joint comments from two commenters). pressure drop range across each those required to perform compliance Comment summaries and EPA baghouse cell. Also, the requirement for assurance activities such as performance responses are presented below. a quarterly check of bag tension has testing, monitoring, reporting, and A. Comments on April 1998 Proposal been changed to a quarterly visual check recordkeeping. These costs are minimal, of bag tension. and will not result in any significant The comments contain both favorable The requirements for demonstrating economic impact. and adverse comments. Topics and compliance with the sinter machine requirements which received favorable building in-draft requirements have III. Public Participation and supportive comments include the following: been changed. Operators are given three Prior to proposal of the standards, the options for the continuous monitoring —The use of lead as a surrogate EPA met with representatives from the of in-draft. Under the first option, pollutant for all metal HAP, only operators of primary lead smelters. operators may elect to perform daily —The conclusion that organic HAP The EPA discussed the standards being checks for in-draft at all doorway emissions from blast furnaces are not openings using an anemometer or evaluated for proposal. Comments significant enough to warrant equivalent device. submitted following this meeting were regulation, Under the second option, operators incorporated into the proposed rule as —The use of a plant-wide emission are required to establish and maintain appropriate. limit, the ventilation exhaust rate and damper The standards were proposed and —The requirement that sinter plants positions at settings that result in an in- published in the Federal Register on be enclosed and ventilated to a draft at each open doorway. Operators April 17, 1998 (63 FR 19200). The baghouse or equivalent control device, are required to install and operate a flow preamble to the proposed standards —The requirement that certain monitor device on the ventilation described the technical basis, purpose, process fugitive emission sources be equipped with a hood and ventilated to system that would continuously record and impacts of the proposed standards. a baghouse or equivalent control device, the ventilation exhaust rate. Operators Public comments were solicited at the —Allowing 2 years to achieve are required to conduct an initial time of proposal. demonstration of in-draft at all doorway compliance, and openings using an anemometer or To provide interested persons the —The requirement for an approved equivalent device while simultaneously opportunity for oral presentation of plan for the control of fugitive dust recording the ventilation system exhaust data, views, or arguments concerning emissions. rate and damper positions. Operators the proposed standards, the opportunity Topics and provisions of the proposed are then required to maintain the for a public hearing was offered at rule which received adverse comments ventilation rate at or above the average proposal; however, no requests for a are summarized below with the EPA’s rate recorded during the in-draft hearing were received. The public responses. demonstration, and check and record comment period was from April 17, Comment. One commenter stated that daily the damper positions to ensure 1998 to June 16, 1998. Two comment it is not possible to maintain a sinter that they are maintained in the position letters were received. The comments machine building ‘‘at a lower than they were in when the in-draft were carefully considered in ambient pressure to ensure in-draft demonstration was performed. formulating the final rule. through any doorway opening’’ at all times. They argue that static pressure As a third option, operators may A supplemental proposal was petition the Administrator or delegated measured at any one point in a building published in the Federal Register on is the sum of the pressures caused by authority for an alternative monitoring February 12, 1999 (64 FR 7149). That method by following the procedures and the combination of several effects notice proposed an operating limit that including mechanical or forced requirements in § 63.8(f) of the General would require owners and operators of Provisions. ventilation, stack effects, wind a primary lead smelter (referred to as influences and local effects. A C. Summary of Environmental, Energy, operators in the remainder of this ventilation system that is designed and and Economic Impacts preamble) to operate and maintain each operated for a specific building can There are only three existing primary affected baghouse such that the required effectively control the escape of most lead smelters that will be subject to the bag leak detection system would not fugitive emissions. However, the standards, and no new facilities are sound more than five percent of the variable influence of stack draft, wind, anticipated to be constructed in the next operating time. Again the opportunity and local effects will cause the actual 5 years. The required levels of control for a public hearing was offered at building static pressure to vary over are based on existing SIP emission proposal; however, no requests for a space and time, thereby making it limits for lead. No additional emission hearing were received. The public impossible to comply with a standard controls will be required to comply with comment period was from February 12, that requires maintaining a building at the standards. Therefore, no quantifiable 1999 to March 15, 1999. Three comment lower than ambient pressure at all emission reduction or other letters were received. Again, the times. environmental impacts are anticipated comments were carefully considered in The commenter suggested that the to result from this rulemaking. However, formulating the final rule. EPA give operators the following three

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Again, the § 63.1547(c)(6) to require quarterly customary position during normal demonstration is not to be conducted visual inspections of bag tension to operation. Each operator would be when wind speeds are greater than two make certain bags are not kinked or required to design and operate its meters per second (five miles per hour.) lying on their sides. ventilation system to meet a minimum Operators are then required to maintain Comment. One commenter stated that exhaust flow rate, and would have to the ventilation rate at or above the the proposed requirement for bag leak restrict the total surface area of average rate recorded during the in-draft detection devices does not provide for doorways open during normal operation demonstration, and check and record alternative/equivalent methods, such as to some maximum. daily the damper positions to ensure opacity monitors, which are already in Second, allow for more flexible that they are maintained in the position use at some facilities. As such, the performance tests (i.e., use of they were in when the in-draft regulation would impose unnecessary anemometers) to account for wind demonstration was performed. additional costs by not including other effects. The commenter suggested that As a third option, the EPA is adding compliance methods. the performance demonstrations be a reference to the section of the General Response. The EPA is adding a limited to periods when the wind speed Provisions which describes the definition of bag leak detection system is less than five miles per hour. procedures for requesting an alternative in the final rule. This definition was The third suggestion was to allow monitoring method, 40 CFR 63.8(f). This inadvertently left out of the proposal. operators flexibility in developing site- reference is being added to highlight the Based on the definition, a ‘‘bag leak specific methods to demonstrate availability of this option. detection system means a system that is compliance with the in-draft Comment. One commenter identified capable of monitoring particulate matter requirement. All site specific an error in the proposed rule. Section (dust) loadings in the exhaust of a alternatives would be subject to 63.1546(b) states ‘‘Operators shall baghouse in order to detect bag failures. approval of the Administrator or determine compliance with the doorway A bag leak detection system includes, delegated authority. in-draft requirements for buildings in but is not limited to, an instrument that Response. The EPA has considered 63.1543(b) and 63.1544(c) * * *’’ operates on triboelectric, light the comment, and agrees to modify the However, building in-draft requirements scattering, transmittance or other effect requirements for sinter building in-draft. are contained in § 63.1543(c). to monitor relative particulate matter The EPA believes that with some Response. This error is corrected in loadings.’’ This is the same definition modification, the alternatives suggested the final rule. that appears in the final rule for by the commenter are better than the Comment. One commenter stated that secondary lead smelters (40 CFR part negative pressure requirements they are required to test for particulate 63, subpart X) and several other contained in the proposal. As such, the matter and lead as part of their SIP currently proposed rules which include EPA is making the following changes to requirements. The commenter requests bag leak detection requirements. the proposed rule. that operators be given the flexibility to Based on the definition and the Operators are required to perform an use the ‘‘hybrid Method 5–12’’ to test for requirements of § 63.1547(e)(1), an initial compliance demonstration for the particulate matter and lead opacity monitor can be used as a bag sinter machine building in-draft simultaneously. leak detection system if the requirement. Operators are required to Response. The rule specifies that EPA manufacturer of the opacity monitor demonstrate in-draft at all doorway Method 12 be used to measure lead certifies that it is capable of detecting openings using an anemometer or emission rates. There is no EPA Method particulate matter emissions at equivalent device. The demonstration is 5–12. However, section 8.1 of EPA concentrations of 10 milligram per to be conducted when wind speed is Method 12 allows for the simultaneous actual cubic meter or less. However, due less than two meters per second (five measurement of both lead and to the poor correlation between opacity miles per hour.) particulate matter. As such, no change and particulate matter at low grain Operators are given three options for is being made to address this comment. loadings, it is doubtful that any the continued monitoring of in-draft. Comment. The proposed rule requires conventional opacity monitors have the Under the first option, operators may quarterly checks of bag tension on sensitivity necessary to meet this elect to perform daily checks for in-draft certain types of baghouses. One requirement. Bag leak detection systems at all doorway openings using an commenter stated that none of their based on triboelectric or light scattering anemometer or equivalent device. This facilities are currently required to check effects are capable of detecting option is similar to the option given in bag tension under existing SIPs. They particulate matter emissions well below the proposed rule, however, the checks claim that measuring bag tension would the level of visible emissions, and are for in-draft are limited to days when the be a time-consuming process resulting believed to be more reliable, accurate, ambient wind speed is less than two in extended periods of worker exposure and cost effective than opacity monitors meters per second (five miles per hour.) to high temperatures and potentially for detecting broken bags in baghouses. Under the second option, operators lead. They recommend that the Comment. One commenter stated that are required to establish and maintain requirement for bag tension testing be the condition of the fan has little, if any, the ventilation exhaust rate and damper eliminated, or at a minimum modified direct effect on baghouse performance. positions at settings that result in an in- to an annual visual check to make They suggested that this requirement be draft at each open doorway. Operators certain bags are not kinked (kneed or on an annual basis rather than a are required to install and operate a flow bent) or lying on their sides. quarterly basis. monitor device on the ventilation Response. The EPA agrees with the Response. The EPA concurs that fan system that would continuously record commenter that measuring bag tension condition may have little effect on

VerDate 06-MAY-99 13:48 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 E:\FR\FM\A04JN0.007 pfrm07 PsN: 04JNR2 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Rules and Regulations 30199 baghouse performance. However, fan procedures to determine the cause of the requirements. However, the EPA has condition can greatly affect hood alarm within 30 minutes, and to identify specified recordkeeping and reporting capture efficiency and consequently the needed repair or response and begin requirements for bag leak detector fugitive emissions. The rule allows for corrective action within 1 hour. system alarms since these records are the use of vibration detectors to conduct Response. The 30-minute reference in necessary to demonstrate compliance the inspection, which does not require the preamble to the proposed rule is an with the operating standards for bag the operator to shutdown the fan or error. Both the preamble and the rule leak detection (section 63.1543(f) and remove it from service. As such, the were intended to refer to the same time (g)). No change is being made to the rule EPA believes that requiring quarterly period, i.e., the period of time allowed to address this comment. inspection of fan condition does not between the time an alarm occurs and Comment. One commenter stated that place an undue burden on the industry. the time when procedures to determine a minimum differential pressure should No change to the final rule is being the cause of the alarm are initiated. The be specified and continuously made to address this comment. rule requires facilities to initiate the monitored to ensure the baghouse or Comment. One commenter stated that procedures outlined in their corrective equivalent control device is maintained the benefits associated with the suite of action plan within 1 hour of the alarm at a pressure that is lower than ambient monitoring requirements are unclear and correct the problem as soon as pressure. and at best very low. They suggest that practicable. Response. The rule requires daily the proposed bag leak detection system Comment. One commenter stated that monitoring of the pressure drop across requirements alone should be adequate compliance testing should be required each baghouse cell. The EPA agrees that to ensure proper baghouse functioning. on a less than annual basis. Proposed a minimum pressure drop should be Response. The EPA’s proposed section 63.1543(d) requires facilities to identified and monitored against. operating procedures requirements for conduct compliance tests for lead However, several factors affect the baghouses represent a two-pronged compounds on an annual basis. The pressure drop across a baghouse cell approach to baghouse operation— commenter suggests that the EPA including filter material, cell geometry, preventative maintenance and baghouse should permit a reduction in the cleaning cycles, and air-to-cloth ratio. failure monitoring, coupled with timely frequency of testing on a site-by-site As such, the minimum pressure drop corrective action. The inspection and basis, based upon the results of annual across the cell is baghouse specific, if maintenance requirements in the testing. For example, if 3 years of testing not cell specific. Furthermore, there is proposed rule are intended to ensure the shows the standard is consistently being little or no correlation between proper operation of the baghouse and to met, they suggest that a facility be able baghouse pressure drop and emissions. reduce the number of baghouse upsets to reduce the frequency of its testing. Therefore, it would be inappropriate for through prevention. The bag leak Response. The EPA agrees that less the rule to identify a minimum pressure detection requirements are intended to frequent testing should be allowed drop. However, the EPA has amended assist in early detection of baghouse when facilities are able to demonstrate failures allowing for timely corrective compliance consistently. As such, the the rule to require operators to monitor action. final rule allows operators up to 24 the pressure drop across each cell to The proposed inspection and months between compliance tests if the ensure that it is within the normal maintenance requirements represent a results of the three most recent operating range for that cell. Operators minimal, yet practical, strategy for compliance tests demonstrate will be required to identify the normal ensuring proper baghouse operation. compliance. operating range for each baghouse cell The EPA believes that good inspection Comment. One commenter stated that in the baghouse operation and and maintenance practices are critical to the recordkeeping requirements for the maintenance SOP. achieving and maintaining the high bag leak detection system are Comment. One commenter stated that level of control that baghouses are inconsistent with recordkeeping the lead production rate should be capable of. Furthermore, these requirements for fugitive dust and calculated on data from the previous 12 requirements do not result in significant baghouse inspection and maintenance. months of operation. The commenter costs or burden. Proposed section 63.1549(b)(3) and (4), adds that the requirement does not Comment. One commenter stated that which refers to control of fugitive dust consider plant shutdown, when lead the time limits for initiating corrective emissions and baghouse inspection and production is zero; hence, artificially action may be impossible to fulfill. With maintenance procedures, requires low emissions could result from the regard to the bag leak detection alarm, recordkeeping if it is part of the recommended calculation. the preamble to the proposed rule states, practices described in the respective Response. Based on the proposed ‘‘An alarm by itself does not indicate SOP manual. The commenter also stated rule, lead production is calculated based noncompliance with the lead limit, but that the recordkeeping requirements on production data for the 12 months would indicate an increase in emissions proposed in section 63.1549(b)(2) for the prior to conducting the test, including and trigger an inspection of the bag leak detection system are not periods when the facility is shut down. baghouse to determine the cause of the contingent on such requirements being The EPA believes that this is in alarm.’’ The preamble goes on to state, part of the SOP manual, and are thus agreement with this statement. ‘‘The owner or operator would be inconsistent with section 63.1549(b)(3) As noted, plant shutdowns would considered out of compliance upon and (4). result in lower lead production. failure to initiate corrective actions Response. The rule requires facilities However, the result of lower lead within 1 hour of the alarm.’’ They also to develop site specific SOP manuals for production would be to increase the point out that the rule states in section baghouse inspection and maintenance calculated, production-based, lead 63.1547(f)(1) that ‘‘the procedures used procedures. Since these SOP manuals compound emission rate, not reduce it to determine the cause of the alarm are site-specific, the EPA has left it up as suggested by the commenter. In fact, must be initiated within 30 minutes of to the operator to work with the if a facility were to experience a the alarm.’’ They comment that reading Administrator or delegated authority to prolonged shutdown, it may be these provisions together suggests that develop appropriate site specific impossible to meet the emission limit facilities must always initiate recordkeeping and reporting based on the proposed calculation.

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Upon further review, the EPA has discussions with personnel at a did not alarm more than five percent of decided to amend the procedure for secondary lead smelter using secondary the time over a 6-month period. The calculation of the production-based, HEPA filters, HEPA filters last several EPA also added the requirement that lead compound emission rate to account months when used as a secondary filter. operators continuously record the for periods when the facility is shut As such, the EPA believes that daily output of the bag leak detection system. down. As amended, the production- checks of the differential pressure across The EPA added these requirements to based, lead compound emission rate the HEPA filter is adequate. No changes help ensure that baghouses are properly will be calculated by multiplying the to the rule are being made to address operated and maintained, and that sum of lead emission rates (determined this comment. enforcement officials will have adequate through stack testing, in units of grams Comment. One commenter stated that data to assess compliance with the bag per hour) from the nine listed sources the rule should specify the building leak detection system requirements. by the plant operating hours (in units of ventilation requirements in a definitive B. Comments on February 1999 hours/year) and dividing by the lead way, e.g., by requiring an exhaust Supplemental Proposal production rate (in units of megagrams system capable of a given number of air per year). Plant operating hours are changes per hour. Comment. One commenter stated that defined as the period of time in hours Response. While air changes per hour the term ‘‘initiate corrective actions’’ as that either a sinter machine or blast may be an important consideration in used in section 63.1547(e)(9) was furnace is in operation. addressing indoor air quality and somewhat ambiguous, and requested Comment. One commenter suggested worker exposure, it has little meaning that the EPA clarify what constitutes the that the bag leak detection system when assessing the capture effectiveness initiation of corrective action. alarms should be set at 75 percent or 80 of a building. The EPA believes that the Furthermore, they noted that, as percent of the previous 12-month requirement that the sinter machine required in section 63.1547(f), the first average. Alternatively the commenter building be ventilated at a rate that steps in the corrective action process is suggests that the system be equipped ensures in-draft through all open doors to acknowledge the alarm and with two alarms: a high level set at 75 provides the best assurance that determine its cause. It was suggested percent to 80 percent of scale, and a emissions escaping the building are that the term ‘‘initiate corrective action’’ high-high alarm that sounds when the minimized. No changes to the rule are be changed to ‘‘initiate procedures to maximum value is reached. The being made to address this comment. acknowledge the alarm and determine commenter also commented that a Comment. One commenter stated that its cause, as specified in the corrective requirement for time averaging of the for total enclosures there should be a actions plan.’’ emissions should be added. The monitoring device on the exhaust fan Response. The EPA is concerned that commenter suggested the use of 1- (e.g., motor current) to verify the term ‘‘initiate corrective action’’ minute time averages for monitoring the continuously that the ventilation system could be misinterpreted to mean the particulate emissions. is in operation, and added that failure beginning of a physical repair. As Response. The EPA has developed of the ventilation system should be pointed out by the commenter, the first guidance on the use of bag leak recorded and included in the reporting step in the corrective action process is detectors based on information provided requirements. to acknowledge (or record) the alarm by bag leak detection system vendors, Response. As discussed above, the and to begin procedures for determining industry representatives with bag leak EPA has amended the rule to require the cause of the alarm. As such, the EPA detection experience, and an EPA- that operators either (1) install, is changing the proposed rule language sponsored field study. The EPA believes calibrate, and operate a flow monitor to to capture more accurately what is that this guidance provides the most continuously measure and record total intended. The new language requires appropriate methods for selecting, exhaust rate out of the enclosure; or (2) facilities to ‘‘record the date and time of installing, initializing, and operating bag perform daily checks for in-draft, with the alarm and initiate procedures to leak detection systems. No changes to a vane anemometer or equivalent determine the cause of a bag leak the rule are being made to address this device, at each doorway normally open. detection system alarm’’ within 1 hour. comment. Failure of the ventilation system Comment. The commenters stated Comment. One commenter stated that would be considered a malfunction of that they believe the addition of section the differential pressure across the air pollution control equipment. The 63.1547(e)(9) makes the provision in baghouses equipped with high rule requires that operators develop a section 63.1547(f)(1) redundant. They efficiency particulate arrestor (HEPA) start-up, shut-down, and malfunction suggest that section 63.1547(f)(1) be filters should be monitored once per plan for all air pollution control removed. operating shift and at least 8 hours apart equipment. In addition, the rule Response. The EPA does not believe or every 24 hours ± 4 hours. The requires operators to record the that the requirements of section commenter states that monitoring once occurrence and duration of each 63.1547(e)(9) and section 63.1547(f)(1) a day allows operators to take readings malfunction of the source or air are redundant. The purpose of the at 0100 hours one day, and at 2300 pollution control equipment. No operating limit in section 63.1547(e)(9) hours the next day, allowing up to 46 additional changes are being made to is to require operators to operate and hours to pass between readings. address this comment. maintain an affected baghouse such that Response. An exemption to the bag Comment. One commenter stated that upset events are limited to a level that leak detection system requirements is there should be some specified limits on the EPA considers acceptable both in provided in the rule if a baghouse is the number of allowable violations terms of number of occurrences and equipped with a secondary HEPA filter. (alarms) during a given time period. duration. The intent of the requirement The exemption is not given if the HEPA Response. On February 12, 1999 (64 that operators record and initiate filter is the only filter in the system. FR 7149), the EPA proposed an procedures to determine the cause of the Under this configuration, the primary operating limit that would require alarm within 1 hour (section filter collects the bulk of the operators of primary lead smelters to 63.1547(f)(1)) is to ensure that operators particulates, while the secondary HEPA operate and maintain their baghouses acknowledge and respond to each alarm filter acts as a finishing filter. Based on such that the bag leak detection system in a timely manner.

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Please note that the requirements Comment. One commenter stated that record in the case of judicial review. contained in section 63.1547(e)(9) of the by limiting the cumulative time that a (See section 307(d)(7)(A) of the Act.) supplemental proposal have been source may operate before initiating B. Executive Order 12866 revised in the final rule. The corrective action, rather than before requirement to maintain and operate completing corrective action, the Under Executive Order 12866 (58 FR each baghouse such that the alarm on a proposed changes would provide an 51735, October 4, 1993), the EPA must bag leak detection system does not incentive for the operator to indefinitely determine whether the regulatory action sound for more than five percent of the delay completion of corrective action. is ‘‘significant’’ and therefore subject to total operating time in a 6-month Response. The commenter is review by the Office of Management and reporting period has been moved to mistaken. Section 63.6(e)(1)(ii) of the Budget (OMB) and the requirements of section 63.1543(f) in the final rule. The General Provisions requires that the Executive Order. The Executive methodology to be used in calculating malfunctions be corrected as soon as Order defines ‘‘significant regulatory the percent of the total operating time practicable after their occurrence. As action’’ as one that is likely to result in that the alarm sounds has been clarified such, an operator cannot delay a rule that may: and moved to section 63.1547(g) in the completion of corrective action without (1) Have an annual effect on the final rule. In addition, the requirements being in violation of the General economy of $100 million or more or contained in section 63.1547(f)(1) of the Provisions. However, the EPA has adversely affect in a material way the original proposal have been moved to changed section 63.1543(g) of the final economy, a sector of the economy, section 63.1543(g) in the final rule. rule to require that ‘‘The cause of the productivity, competition, jobs, the Comment. One commenter stated that alarm shall be corrected as soon as environment, public health or safety, or it appears that the EPA is proposing to practicable.’’ No other changes are being state, local, or tribal governments or penalize operators for a rapid response made to the rule to address this communities; to initiate corrective actions by setting 1 comment. (2) create a serious inconsistency or hour as a minimum time counted for Comment. One commenter stated that otherwise interfere with an action taken each alarm while using the actual time the MACT technology should be or planned by another agency; (3) materially alter the budgetary for periods which exceed 1 hour. The reanalyzed to account for the particulate impact of entitlements, grants, user fees, commenter proposes that the EPA HAP control which is achievable during or loan programs, or the rights and simplify the requirement such that the a one-time performance test conducted on a newly constructed or reconstructed obligation of recipients thereof; or alarm time should be counted as the (4) raise novel legal or policy issues actual amount of time taken by the baghouse. The commenter continues to state that while some operators might arising out of legal mandates, the owner or operator to initiate corrective President’s priorities, or the principles actions for all cases. choose to maintain and promptly repair their air pollution control devices, the set forth in the Executive Order. Response. As discussed above, the Pursuant to the terms of Executive rules could not be enforced to require intent of the operating limit on bag leak Order 12866, it has been determined this level of control. detection system alarm time is to limit that this rule is not a ‘‘significant Response. The EPA believes that the not only the duration, but also the regulatory action’’ because none of the commenter has misinterpreted the rule. number of alarm-causing events. By listed criteria apply to this action. The commenter infers that the lead rounding the amount of alarm time Consequently, this action was not emission limits should be based on the counted up to 1 hour for any alarm submitted to OMB for review under level of control that a brand new where the operator responds within 1 Executive Order 12866. hour, the total number of potential baghouse can achieve since only a one- alarm-causing events is limited to time test is required. However, the rule C. Executive Order 12875 roughly 220 alarms in a 6-month requires annual compliance testing, not Under Executive Order 12875, EPA reporting period. Counting fractions of a one-time compliance test. may not issue a regulation that is not an hour per event could allow for an Furthermore, the rule contains federally required by statute and that creates a unlimited number of events. For enforceable requirements for the mandate upon a State, local or tribal example, at 10 minutes per event, the operation and maintenance of each government, unless the Federal total number of alarm-causing events affected baghouse. No change is being government provides the funds could be as high as 1,300 in a 6-month made to the rule to address this necessary to pay the direct compliance reporting period. comment. costs incurred by those governments, or Comment. One commenter suggested V. Administrative Requirements EPA consults with those governments. If that the operating limit on bag leak EPA complies by consulting, Executive detection system alarm time be A. Docket Order 12875 requires EPA to provide to reviewed and considered for application The docket is an organized and the Office of Management and Budget a to other MACT standards using common complete file of all the information description of the extent of EPA’s prior add-on emissions control technologies considered by the EPA in the consultation with representatives of (i.e., baghouses). development of this rulemaking. The affected State, local and tribal Response. The EPA intends to docket is a dynamic file because governments, the nature of their incorporate the operating limit on bag material is added throughout the concerns, copies of any written leak detection system alarm time in the rulemaking process. The docketing communications from the governments, rules that EPA is currently developing system is intended to allow members of and a statement supporting the need to and any future rules where baghouses the public and industries involved to issue the regulation. In addition, are used to control HAP emissions. In readily identify and locate documents Executive Order 12875 requires EPA to addition, the EPA is considering so that they can effectively participate develop an effective process permitting amending existing NESHAP where in the rulemaking process. Along with elected officials and other baghouses are used to control HAP the proposed and promulgated representatives of State, local and tribal emissions to include the operating limit standards and their preambles, the governments ‘‘to provide meaningful on bag leak detection system alarm time. contents of the docket will serve as the and timely input in the development of

VerDate 06-MAY-99 13:48 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00009 Fmt 4701 Sfmt 4700 E:\FR\FM\A04JN0.012 pfrm07 PsN: 04JNR2 30202 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Rules and Regulations regulatory proposals containing written statement is needed, section 205 Small entities include small businesses, significant unfunded mandates.’’ of the UMRA generally requires the EPA small not-for-profit enterprises, and Today’s rule does not create a mandate to identify and consider a reasonable small government jurisdictions. on State, local or tribal governments. number of regulatory alternatives and The EPA has determined that none of The rule does not impose any adopt the least costly, most cost- the existing primary lead smelters are enforceable duties on these entities. effective, or least burdensome small entities, and has concluded that None of these entities own or operate an alternative that achieves the objectives this proposed rule would not have a affected source. Accordingly, the of the rule. The provisions of section significant economic impact on a requirements of section 1(a) of 205 do not apply when they are substantial number of small entities. Executive Order 12875 do not apply to inconsistent with applicable law. Therefore, I certify that this action will this rule. Moreover, section 205 allows the EPA to not have a significant economic impact adopt an alternative other than the least on a substantial number of small D. Executive Order 13084 costly, most cost-effective, or least entities. Under Executive Order 13084, EPA burdensome alternative if the G. Paperwork Reduction Act may not issue a regulation that is not Administrator publishes with the final required by statute, that significantly or rule an explanation why that alternative The information collection uniquely affects the communities of was not adopted. Before the EPA requirements in this rule will be Indian tribal governments, and that establishes any regulatory requirements submitted for approval to the Office of imposes substantial direct compliance that may significantly or uniquely affect Management and Budget under the costs on those communities, unless the small governments, including tribal Paperwork Reduction Act, 44 U.S.C. Federal government provides the funds governments, it must have developed 3501 et seq. An Information Collection necessary to pay the direct compliance under section 203 of the UMRA a small Request (ICR) document has been costs incurred by the tribal government agency plan. The plan must prepared by EPA (ICR No. 1856.02) and governments, or EPA consults with provide for notifying potentially a copy may be obtained from Sandy those governments. If EPA complies by affected small governments, enabling Farmer by mail at OPPE Regulatory consulting, Executive Order 13084 officials of affected small governments Information Division; U.S. requires EPA to provide to the Office of to have meaningful and timely input in Environmental Protection Agency Management and Budget, in a separately the development of EPA regulatory (2137); 401 M St., SW, Washington, DC identified section of the preamble to the proposals with significant Federal 20460, by email at rule, a description of the extent of EPA’s intergovernmental mandates, and [email protected], or by prior consultation with representatives informing, educating, and advising calling (202) 260–2740. A copy may also of affected tribal governments, a small governments on compliance with be downloaded off the internet at http:/ summary of the nature of their concerns, the regulatory requirements. /www.epa.gov/icr. The information and a statement supporting the need to The EPA has determined that this rule requirements are not effective until issue the regulation. In addition, does not contain a Federal mandate that OMB approves them. Executive Order 13084 requires EPA to may result in expenditures of $100 The information requirements are develop an effective process permitting million or more for State, local, and based on notification, recordkeeping, elected officials and other tribal governments, in the aggregate, or and reporting requirements in the representatives of Indian tribal the private sector in any 1 year. The NESHAP General Provisions (40 CFR governments ‘‘to provide meaningful maximum total annual cost of this rule part 63, subpart A), which are and timely input in the development of for any year has been estimated to be mandatory for all operators subject to regulatory policies on matters that less than $250,000. Thus, today’s rule is national emission standards. These significantly or uniquely affect their not subject to the requirements of recordkeeping and reporting communities.’’ Today’s rule does not sections 202 and 205 of the UMRA. In requirements are specifically authorized significantly or uniquely affect the addition, the EPA has determined that by section 114 of the Act (42 U.S.C. communities of Indian tribal this rule contains no regulatory § 7414). All information submitted to governments. No tribal governments requirements that might significantly or the EPA pursuant to the recordkeeping own or operate an affected source. uniquely affect small governments and reporting requirements for which a Accordingly, the requirements of because it contains no requirements that claim of confidentiality is made is section 3(b) of Executive Order 13084 apply to such governments or impose safeguarded according to Agency do not apply to this action. obligations upon them. Therefore, policies set forth in 40 CFR part 2, today’s rule is not subject to the subpart B. E. Unfunded Mandates Reform Act requirements of section 203 of the The rule would require maintenance Title II of the Unfunded Mandates UMRA. inspections of the control devices but Reform Act of 1995 (UMRA), Pub. L. would not require any notifications or 104–4, establishes requirements for F. Regulatory Flexibility Act reports beyond those required by the Federal agencies to assess the effects of As amended by the Small Business General Provisions. The recordkeeping their regulatory actions on State, local, Regulatory Enforcement Fairness Act requirements require only the specific and tribal governments and the private (SBREFA), the Regulatory Flexibility information needed to determine sector. Under section 202 of the UMRA, Act (RFA) generally requires an agency compliance. the EPA generally must prepare a to conduct a regulatory flexibility The annual monitoring, reporting, and written statement, including a cost- analysis of any rule subject to notice recordkeeping burden for this collection benefit analysis, for proposed and final and comment rulemaking requirements, (averaged over the first 3 years after the rules with ‘‘Federal mandates’’ that may as well as take other actions intended to effective date of the rule) is estimated to result in expenditures by State, local, minimize the rule’s potential impact on be 2,002 labor hours per year at a total and tribal governments, in aggregate, or small entities, unless the agency annual cost of $114,900. This estimate by the private sector, of $100 million or certifies that the rule will not have a includes a one-time performance test more in any one year. Before significant economic impact on a and report (with repeat tests where promulgating an EPA rule for which a substantial number of small entities. needed); one-time purchase and

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Furthermore, emission reports; maintenance directs all Federal agencies to use the focus of the fugitive dust inspections; notifications; and voluntary consensus standards instead requirements is on work practice and recordkeeping. Total capital/startup of government-unique standards in their operating standards that reduce costs associated with the monitoring regulatory activities unless to do so emission potential, rather than capture requirements over the 3-year period of would be inconsistent with applicable and treatment options. the ICR are estimated at $107,500, with law or otherwise impractical. Voluntary K. Protection of Children From operation and maintenance costs of consensus standards are technical Environmental Health Risks and Safety $5,500/yr. standards (e.g., material specifications, Risk Under Executive Order 13045 test method, sampling and analytical Burden means the total time, effort, or procedures, business practices, etc.) that Executive Order 13045: ‘‘Protection of financial resources expended by persons are developed or adopted by one or Children from Environmental Health to generate, maintain, retain, or disclose more voluntary consensus standards Risks and Safety Risks’’ (62 FR 19885, or provide information to or for a bodies. Examples of organizations April 23, 1997) applies to any rule that: Federal agency. This includes the time generally regarded as voluntary (1) is determined to be ‘‘economically needed to review instructions; develop, consensus standards bodies include the significant’’ as defined under E.O. acquire, install, and utilize technology American Society for Testing and 12866, and (2) concerns an and systems for the purposes of Materials (ASTM), the National Fire environmental health or safety risk that collecting, validating, and verifying Protection Association (NFPA), and the EPA has reason to believe may have a information, processing and Society of Automotive Engineers (SAE). disproportionate effect on children. If maintaining information, and disclosing The NTTAA requires Federal agencies the regulatory action meets both criteria, and providing information; adjust the like EPA to provide Congress, through the Agency must evaluate the existing ways to comply with any OMB, with explanations when an environmental health or safety effects of previously applicable instructions and agency decides not to use available and the planned rule on children, and requirements; train personnel to be able applicable voluntary consensus explain why the planned regulation is to respond to a collection of standards. preferable to other potentially effective and reasonably feasible alternatives information; search data sources; During this rulemaking the Agency considered by the Agency. complete and review the collection of searched for voluntary consensus information; and transmit or otherwise standards that might be applicable. The The EPA interprets Executive Order disclose the information. search has identified no applicable (E.O.) 13045 as applying only to those voluntary standards. Accordingly, the regulatory actions that are based on An Agency may not conduct or NTTAA requirement to use applicable health or safety risks, such that the sponsor, and a person is not required to voluntary consensus standards does not analysis required under section 5–501 of respond to, a collection of information apply to this rule. the E.O. has the potential to influence unless it displays a currently valid OMB As part of a larger effort, the EPA is the regulation. This rule is not subject control number. The OMB control undertaking a project to cross-reference to E.O. 13045 because it does not numbers for EPA’s regulations are listed existing voluntary consensus standards establish an environmental standard in 40 CFR part 9 and 48 CFR chapter 15. on testing, sampling, and analysis, with intended to mitigate health or safety risks. Furthermore, this rule has been H. Submission to Congress and the current and future EPA test methods. When completed, this project will assist determined not to be ‘‘economically General Accounting Office the EPA in identifying potentially- significant’’ as defined under E.O. The Congressional Review Act, 5 applicable voluntary consensus 12866. U.S.C. § 801 et seq., as added by the standards which can then be evaluated L. Judicial Review Small Business Regulatory Enforcement for equivalency and applicability in Fairness Act of 1996, generally provides determining compliance with future Under section 307(b)(1) of the Act, judicial review of a NESHAP is that before a rule may take effect, the regulations. available only by filing a petition for agency promulgating the rule must J. Pollution Prevention Considerations review in the U.S. Court of Appeals for submit a rule report, which includes a The Pollution Prevention Act of 1990 the District of Columbia Circuit within copy of the rule, to each House of the (42 U.S.C. 13101 et seq., Pub. L. 101– 60 days of today’s publication of this Congress and to the Comptroller General 508, November 5, 1990) establishes the final rule. Under section 307(b)(2) of the of the United States. The EPA will national policy of the United States for Act, the requirements that are the submit a report containing this rule and pollution prevention. This act declares subject of today’s action may not be other required information to the U.S. that: (1) pollution should be prevented challenged later in civil or criminal Senate, the U.S. House of or reduced whenever feasible, (2) proceedings brought by the EPA to Representatives, and the Comptroller pollution that cannot be prevented or enforce these requirements. General of the United States prior to reduced should be recycled or reused in List of Subjects in 40 CFR Part 63 publication of the rule in the Federal an environmentally-safe manner Register. A major rule cannot take effect wherever feasible, (3) pollution that Environmental protection, Air until 60 days after it is published in the cannot be recycled or reused should be pollution control, Hazardous Federal Register. This action is not a treated, and (4) disposal or release into substances, Reporting and ‘‘major rule’’ as defined by 5 U.S.C. the atmosphere should be chosen only recordkeeping requirements, Primary § 804(2). if none of the other options is available. lead smelters.

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Dated: May 13, 1999. in this subpart and Table 1: § 63.6 in part by poor maintenance or careless Carol M. Browner, (Compliance with standards and operation are not malfunctions. Administrator. maintenance requirements), § 63.9 Materials storage and handling area BILLING CODE 6560±50±P (Notification requirements), and § 63.10 means any area of a primary lead (Recordkeeping and reporting For reasons set out in the preamble, smelter in which lead-bearing materials requirements). Section § 63.11 (Control 40 CFR part 63 is amended as follows: (including ore concentrate, sinter, device requirements) does not apply to granulated lead, dross, slag, and flue PART 63ÐNATIONAL EMISSION this subpart. dust) are stored or handled between process steps, including areas in which STANDARDS FOR HAZARDOUS AIR § 63.1542 Definitions. POLLUTANTS FOR SOURCE materials are stored in piles, bins, or Terms used in this subpart are CATEGORIES tubs, and areas in which material is defined in the Act, in subpart A of this prepared for charging to a sinter 1. The authority citation for part 63 part, or in this section as follows: machine or smelting furnace. continues to read as follows: Bag leak detection system means a Operating time means the period of system that is capable of continuously Authority: 42 U.S.C. 7401 et seq. time in hours that an affected source is monitoring relative particulate matter in operation beginning at a startup and 2. Part 63 is amended by adding (dust) loadings in the exhaust of a subpart TTT, to read as follows: ending at the next shutdown. baghouse in order to detect bag leaks Plant operating time means the period and other upset conditions. A bag leak Subpart TTTÐNational Emission of time in hours that either a sinter detection system includes, but is not machine or blast furnace is in operation. Standards for Hazardous Air Pollutants limited to, an instrument that operates for Primary Lead Smelting Plant roadway means any area of a on triboelectric, light scattering, light primary lead smelter that is subject to Sec. transmittance, or other effect to vehicle traffic, including traffic by fork 63.1541 Applicability. continuously monitor relative lifts, front-end loaders, or vehicles 63.1542 Definitions. particulate matter loadings. carrying ore concentrates or cast lead 63.1543 Standards for process and process Blast furnace means any reduction ingots. Excluded from this definition are fugitive sources. furnace to which sinter is charged and employee and visitor parking areas, 63.1544 Standards for fugitive dust sources. which forms separate layers of molten provided they are not subject to traffic 63.1545 Compliance dates. slag and lead bullion. by vehicles carrying lead-bearing 63.1546 Test methods. Building means a roofed and walled 63.1547 Monitoring requirements. materials. structure with limited openings to allow 63.1548 Notification requirements. Primary lead smelter means any access and egress for people and 63.1549 Recordkeeping and reporting facility engaged in the production of vehicles. requirements. lead metal from lead sulfide ore 63.1550 Delegation of authority. Charging location means the physical opening through which raw materials concentrates through the use of Subpart TTTÐNational Emission are introduced into a sinter machine, pyrometallurgical techniques. Standards for Hazardous Air Pollutants blast furnace, or dross furnace. Process fugitive source means a for Primary Lead Smelting Dross furnace means any smelting source of hazardous air pollutant furnace to which drosses are charged emissions at a primary lead smelter that § 63.1541 Applicability. and which chemically and physically is associated with lead smelting or (a) The provisions of this subpart separates lead from other impurities. refining but is not the primary exhaust apply to the following affected sources Drossing and refining kettle means an stream and is not a fugitive dust source. at primary lead smelters: sinter open-top vessel that is constructed of Process fugitive sources include sinter machine, blast furnace, dross furnace, cast iron or steel and is indirectly machine charging locations, sinter process fugitive sources, and fugitive heated from below and contains molten machine discharge locations, sinter dust sources. The provisions of this lead for the purpose of drossing, crushing and sizing equipment, furnace subpart do not apply to secondary lead refining, or alloying lead. Included are charging locations, furnace taps, smelters, lead refiners, or lead remelters. pot furnaces, receiving kettles, and drossing kettles, and refining kettles. (b) Table 1 of this subpart specifies holding kettles. Refining and casting area means any the provisions of subpart A that apply Fugitive dust source means a area of a primary lead smelter in which and those that do not apply to owners stationary source of hazardous air drossing or refining operations occur, or and operators of primary lead smelters. pollutant emissions at a primary lead casting operations occur. The following sections of part 63 apply smelter resulting from the handling, Shutdown means the cessation of to this subpart as stated in subpart A storage, transfer, or other management operation of an affected source for any and Table 1: § 63.1 (Applicability), of lead-bearing materials where the purpose. § 63.2 (Definitions), § 63.3 (Units and source is not associated with a specific Sinter machine means any device in abbreviations), § 63.4 (Prohibited process, process vent, or stack. Fugitive which a lead sulfide ore concentrate activities and circumvention), § 63.5 dust sources include roadways, storage charge is heated in the presence of air (Construction and reconstruction), piles, materials handling transfer points, to eliminate sulfur contained in the § 63.7 (Performance testing and materials transport areas. charge and to agglomerate the charge requirements), § 63.8 (Monitoring Furnace area means any area of a into a hard porous mass called sinter. requirements), § 63.12 (State authority primary lead smelter in which a blast Sinter machine area means any area and delegations), § 63.13 (Addresses of furnace or dross furnace is located. of a primary lead smelter where a sinter State air pollution control agencies and Malfunction means any sudden, machine, or sinter crushing and sizing EPA Regional Offices), § 63.14 infrequent, and not reasonably equipment is located. (Incorporations by reference), and preventable failure of air pollution Sinter machine discharge end means § 63.15 (Availability of information control equipment, process equipment, the physical opening at the end of a confidentiality). The following sections or a process to operate in a normal or sinter machine where the sinter exits of part 63 apply to the extent specified usual manner. Failures that are caused the sinter machine.

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Startup means the setting in operation system required under § 63.1547(c)(9) determined according to the following of an affected source for any purpose. does not sound for more than five test methods in appendix A of part 60 Tapping location means the opening percent of the total operating time in a of this chapter: thru which lead and slag are removed 6-month reporting period. (i) Method 1 shall be used to select from the furnace. (g) The owner or operator of a primary the sampling port location and the lead smelter shall record the date and number of traverse points. § 63.1543 Standards for process and time of a bag leak detection system process fugitive sources. (ii) Method 2 shall be used to measure alarm and initiate procedures to volumetric flow rate. (a) No owner or operator of any determine the cause of the alarm (iii) Method 3 shall be used for gas existing, new, or reconstructed primary according to the corrective action plan analysis. lead smelter shall discharge or cause to required under § 63.1547(c)(9) within 1 (iv) Method 4 shall be used to be discharged into the atmosphere lead hour of the alarm. The cause of the determine moisture content of the stack compounds in excess of 500 grams of alarm shall be corrected as soon as gas lead per megagram of lead metal practicable. (v) Method 12 shall be used to produced (1.0 pounds of lead per ton of measure the lead emission rate of the lead metal produced) from the § 63.1544 Standards for fugitive dust stack gas. The minimum sample volume aggregation of emissions discharged sources. shall be 0.85 dry standard cubic meters from the air pollution control devices (a) Each owner or operator of a (30 dry standard cubic feet) and the used to control emissions from the primary lead smelter shall prepare, and minimum sampling time shall be 60 sources listed in paragraphs (a)(1) at all times operate according to, a minutes for each run. Three runs shall through (a)(9) of this section. standard operating procedures manual be performed and the average of the (1) Sinter machine; that describes in detail the measures three runs shall be used to determine (2) Blast furnace; that will be put in place to control compliance. (3) Dross furnace; fugitive dust emissions from the sources (4) Dross furnace charging location; (2) The lead production rate, in units listed in paragraphs (a)(1) through (a)(5) of megagrams per hour, shall be (5) Blast furnace and dross furnace of this section: tapping location; determined based on production data (1) Plant roadways; for the previous 12 calendar months (6) Sinter machine charging location; (2) Material storage and handling according to the procedures detailed in (7) Sinter machine discharge end; area(s); paragraphs (a)(2)(i) through (a)(2)(v) of (8) Sinter crushing and sizing (3) Sinter machine area(s); this section: equipment; and (4) Furnace area(s); and (i) Total lead products production (9) Sinter machine area. (5) Refining and casting area(s). multiplied by the fractional lead content (b) The process fugitive sources listed (b) Not withstanding paragraph (c) of shall be determined in units of in paragraphs (a)(4) through (a)(8) of this this section, the standard operating megragrams. section shall be equipped with a hood procedures manual shall be submitted (ii) Total copper matte production and shall be ventilated to a baghouse or to the Administrator or delegated multiplied by the fractional lead content equivalent control device. The hood authority for review and approval. shall be determined in units of design and ventilation rate shall be (c) Existing manuals that describe the megragrams. consistent with American Conference of measures in place to control fugitive Governmental Industrial Hygienists dust sources required as part of a State (iii) Total copper speiss production recommended practices. implementation plan for lead shall multiplied by the fractional lead content (c) The sinter machine area shall be satisfy the requirements of paragraph (a) shall be determined in units of enclosed in a building that is ventilated of this section provided they address the megragrams. to a baghouse or equivalent control sources listed in paragraphs (a)(1) (iv) Total lead production shall be device at a rate that maintains a positive through (a)(5) of this section. determined by summing the values in-draft through any doorway opening. obtained in paragraphs (a)(2)(i) through (d) Except as provided in paragraph § 63.1545 Compliance dates. (a)(2)(iii) of this section. (e) of this section, following the initial (a) Each owner or operator of an (v) The lead production rate, in units test to demonstrate compliance with existing primary lead smelter shall of megragrams per hours, shall be paragraph (a) of this section, the owner achieve compliance with the calculated based on the total lead or operator of a primary lead smelter requirements of this subpart no later production, as determined in shall conduct a compliance test for lead than May 4, 2001. accordance with paragraph (a)(2)(iv) of compounds on an annual basis (no later (b) Each owner or operator of a this section, divided by the total plant than 12 calendar months following any primary lead smelter that commences operating time, in hours, for the previous compliance test). construction or reconstruction after previous 12 months. (e) If the three most recent compliance April 17, 1998, shall achieve (3) The sum of lead compound tests demonstrate compliance with the compliance with the requirements of emission rates for the sources in emission limit specified in paragraph (a) this subpart by June 4, 1999 or upon § 63.1543(a)((1) through (a)(9), as of this section, the owner or operator of startup of operations, whichever is later. determined in accordance with a primary lead smelter shall be allowed paragraph (a)(1) of this section, shall be up to 24 calendar months from the last § 63.1546 Test methods. divided by the lead production rate, as compliance test to conduct the next (a) The following procedure shall be determined in accordance with compliance test for lead compounds. used to determine compliance with the paragraph (a)(2)(v) of this section, to (f) The owner or operator of a primary emissions standard for lead compounds obtain a production-based, lead lead smelter shall maintain and operate under § 63.1543(a): compound emission rate in units of each baghouse used to control emissions (1) The lead compound emission rate, grams of lead per megagram of lead from the sources listed in paragraphs in units of grams of lead per hour, for metal produced. The production-based, (a)(1) through (a)(9) of this section such each source listed in § 63.1543(a)(1) lead compound emission rate shall be that the alarm on a bag leak detection through § 63.1543(a)(9) shall be used to determine compliance with the

VerDate 06-MAY-99 14:34 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00013 Fmt 4701 Sfmt 4700 E:\FR\FM\04JNR2.XXX pfrm07 PsN: 04JNR2 30206 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Rules and Regulations emissions standard for lead compounds (6) Quarterly visual check of bag (6) Following initial adjustment, the under § 63.1543(a). tension on reverse air and shaker-type owner or operator shall not adjust the (b) Owner and operators shall perform baghouses to ensure that bags are not sensitivity or range, averaging period, an initial compliance test to kinked (kneed or bent) or laying on their alarm set points, or alarm delay time, demonstrate compliance with the sinter sides. Such checks are not required for except as detailed in the approved SOP building in-draft requirements of shaker-type baghouses using self- required under paragraph (a) of this § 63.1543(c) at each doorway opening in tensioning (spring loaded) devices. section. In no event shall the sensitivity accordance with paragraphs (b)(1) (7) Quarterly confirmation of the be increased by more than 100 percent through (b)(4) of this section. physical integrity of the baghouse or decreased more than 50 percent over (1) Use a propeller anemometer or through visual inspection of the a 365-day period unless a responsible equivalent device. baghouse interior for air leaks. official certifies that the baghouse has (2) Determine doorway in-draft by (8) Quarterly inspection of fans for been inspected and found to be in good placing the anemometer in the plane of wear, material buildup, and corrosion operating condition. the doorway opening near its center. through visual inspection, vibration (7) For negative pressure, induced air (3) Determine doorway in-draft for detectors, or equivalent means. baghouses, and positive pressure each doorway that is open during (9) Except as provided in paragraph baghouses that are discharged to the normal operation with all remaining (h) of this section, continuous operation atmosphere through a stack, the bag leak doorways in their customary position of a bag leak detection system. detector must be installed downstream during normal operation. (d) The procedures specified in the of the baghouse and upstream of any (4) Do not determine doorway in-draft standard operating procedures manual wet acid gas scrubber. when ambient wind speed exceeds 2 for maintenance shall, at a minimum, (8) Where multiple detectors are meters per second. include a preventative maintenance required, the system’s instrumentation schedule that is consistent with the and alarm may be shared among § 63.1547 Monitoring requirements. baghouse manufacturer’s instructions detectors. (a) Owners and operators of primary for routine and long-term maintenance. (f) The standard operating procedures lead smelters shall prepare, and at all (e) The bag leak detection system manual required by paragraph (a) of this times operate according to, a standard required by paragraph (c)(9) of this section shall include a corrective action operating procedures manual that section shall meet the specifications and plan that specifies the procedures to be describes in detail the procedures for requirements of (e)(1) through (e)(8) of followed in the event of a bag leak inspection, maintenance, and bag leak this section. detection system alarm. The corrective detection and corrective action for all (1) The bag leak detection system action plan shall include, at a baghouses that are used to control must be certified by the manufacturer to minimum, procedures to be used to process, process fugitive, or fugitive be capable of detecting particulate determine the cause of an alarm, as well dust emissions from any source subject matter emissions at concentrations of 10 as actions to be taken to minimize to the lead emission standards in milligram per actual cubic meter (0.0044 emissions, which may include, but are §§ 63.1543 and 63.1544, including those grains per actual cubic foot) or less. not limited to, the following. used to control emissions from general (2) The bag leak detection system (1) Inspecting the baghouse for air ventilation systems. sensor must provide output of relative leaks, torn or broken bags or filter (b) The standard operating procedures particulate matter loadings, and the media, or any other condition that may manual for baghouses required by owner or operator shall continuously cause an increase in emissions. paragraph (a) of this section shall be record the output from the bag leak (2) Sealing off defective bags or filter submitted to the Administrator or detection system. media. delegated authority for review and (3) The bag leak detection system (3) Replacing defective bags or filter approval. must be equipped with an alarm system media, or otherwise repairing the (c) The procedures specified in the that will sound when an increase in control device. standard operating procedures manual relative particulate loading is detected (4) Sealing off a defective baghouse for inspections and routine maintenance over a preset level, and the alarm must compartment. shall, at a minimum, include the be located such that it can be heard by (5) Cleaning the bag leak detection requirements of paragraphs (c)(1) the appropriate plant personnel. system probe, or otherwise repairing the through (c)(9) of this section. (4) Each bag leak detection system bag leak detection system. (1) Daily monitoring of pressure drop that works based on the triboelectric (6) Shutting down the process across each baghouse cell to ensure effect shall be installed, calibrated, and producing the particulate emissions. pressure drop is within the normal maintained in a manner consistent with (g) The percentage of total operating operating range identified in the guidance provided in the U.S. time the alarm on the bag leak detection standard operating procedures manual. Environmental Protection Agency system sounds in a 6-month reporting (2) Weekly confirmation that dust is guidance document ‘‘Fabric Filter Bag period shall be calculated in order to being removed from hoppers through Leak Detection Guidance’’ (EPA–454/R– determine compliance with the five visual inspection or equivalent means of 98–015). Other bag leak detection percent operating limit in § 63.1543(f). ensuring the proper functioning of systems shall be installed, calibrated, The percentage of time the alarm on the removal mechanisms. and maintained in a manner consistent bag leak detection system sounds shall (3) Daily check of compressed air with the manufacturer’s written be determined according to paragraphs supply for pulse-jet baghouses. specifications and recommendations. (g)(1) through (g)(5) of this section. (4) An appropriate methodology for (5) The initial adjustment of the (1) Alarms that occur due solely to a monitoring cleaning cycles to ensure system shall, at a minimum, consist of malfunction of the bag leak detection proper operation. establishing the baseline output by system shall not be included in the (5) Monthly check of bag cleaning adjusting the sensitivity (range) and the calculation. mechanisms for proper functioning averaging period of the device, and (2) Alarms that occur during startup, through visual inspection or equivalent establishing the alarm set points and the shutdown, or malfunction shall not be means. alarm delay time. included in the calculation if the

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The condition. a monitoring device that continuously owner or operator of a primary lead (3) For each alarm where the owner or records the volumetric flow rate at the smelter that commences construction or operator initiates procedures to control device inlet of each exhaust reconstruction after April 17, 1998, shall determine the cause of an alarm within system ventilating the building. The submit this notification no later than 1 hour of the alarm, 1 hour of alarm flow rate monitoring device(s) can be 180 days before startup of the time shall be counted. installed in any location in the exhaust constructed or reconstructed primary (4) For each alarm where the owner or duct such that reproducible flow rate lead smelter, but no sooner than operator does not initiate procedures to monitoring will result. The flow rate September 2, 1999. determine the cause of the alarm within monitoring device(s) shall have an 1 hour of the alarm, alarm time will be accuracy of plus or minus 10 percent § 63.1549 Recordkeeping and reporting counted as the actual amount of time over its normal operating range and requirements. taken by the owner or operator to shall be calibrated according to (a) The owner or operator of a primary initiate procedures to determine the manufacturer’s instructions. lead smelter shall comply with all of the cause of the alarm. (ii) During the initial demonstration of recordkeeping requirements of § 63.10 (5) The percentage of time the alarm sinter building in-draft, and at any time of subpart A, General Provisions. on the bag leak detection system sounds the owner or operator wishes to re- (b) In addition to the general records shall be calculated as the ratio of the establish the baseline ventilation required by paragraph (a) of this section, sum of alarm times to the total operating parameters, the owner or operator shall each owner or operator of a primary time multiplied by 100. continuously record the volumetric flow lead smelter shall maintain for a period (h) Baghouses equipped with HEPA rate through each separately ducted of 5 years, records of the information filters as a secondary filter used to hood, or continuously record the listed in paragraphs (b)(1) through (b)(8) control process or process fugitive volumetric flow rate at the control of this section. sources subject to the lead emission device inlet of each exhaust system (1) Production records of the weight standards in § 63.1543 are exempt from ventilating the building and record and lead content of lead products, the requirement in § 63.1543(c)(9) to be exhaust system damper positions. The copper matte, and copper speiss. equipped with a bag leak detector. The owner or operator shall determine the (2) Records of the bag leak detection owner or operator of an affected source average volumetric flow rate(s) system output. that uses a HEPA filter shall monitor corresponding to the period of time the (3) An identification of the date and and record the pressure drop across the in-draft compliance determinations are time of all bag leak detection system HEPA filter system daily. If the pressure being conducted. alarms, the time that procedures to drop is outside the limit(s) specified by (iii) The owner or operator shall determine the cause of the alarm were the filter manufacturer, the owner or maintain the volumetric flow rate(s) at initiated, the cause of the alarm, an operator must take appropriate or above the value(s) established during explanation of the actions taken, and the corrective measures, which may the most recent in-draft determination at date and time the cause of the alarm was include, but not be limited to, the all times the sinter machine is in corrected. following: operation. Volumetric flow rate(s) shall (4) Any recordkeeping required as (1) Inspecting the filter and filter be calculated as a 15-minute average. part of the practices described in the housing for air leaks and torn or broken (iv) If the volumetric flow rate is standard operating procedures manual filters. monitored at the control device inlet, required under § 63.1544(a) for the (2) Replacing defective filter media, or the owner or operator shall check and control of fugitive dust emissions. otherwise repairing the control device. record damper positions daily to ensure (5) Any recorkeeping required as part (3) Sealing off a defective control they are in the positions they were in of the practices described in the device by routing air to other control during the most recent in-draft standard operating procedures manual devices. determination. for baghouses required under (4) Shutting down the process (3) An owner or operator may request § 63.1547(a). producing the particulate emissions. an alternative monitoring method by (6) If an owner or operator chooses to (i) Owners and operators shall following the procedures and demonstrate continuous compliance monitor sinter machine building in-draft requirements in § 63.8(f) of the General with the sinter building in-draft to demonstrate continued compliance Provisions. requirement under § 63.1543(c) by with the operating standard specified in employing the method allowed in § 63.1543(c) in accordance with either § 63.1548 Notification requirements. § 63.1546(i)(1), the records of the daily paragraph (i)(1), (i)(2), or (i)(3) of this (a) The owner or operator of a primary doorway in-draft checks, an section. lead smelter shall comply with all of the identification of the periods when there (1) Owners and operators shall check notification requirements of § 63.9 of was not a positive in-draft, and an and record on a daily basis doorway in- subpart A, General Provisions. explanation of the corrective actions draft at each doorway in accordance (b) The owner or operator of a primary taken. with the methodology specified in lead smelter shall submit the fugitive (7) If an owner or operator chooses to § 63.1546(b). dust control standard operating demonstrate continuous compliance (2) Owners and operators shall procedures manual required under with the sinter building in-draft establish and maintain baseline § 63.1544(a) and the standard operating requirement under § 63.1543(c) by ventilation parameters which result in a procedures manual for baghouses employing the method allowed in positive in-draft according to paragraphs required under § 63.1547(a) to the § 63.1546(i)(2), the records of the output (i)(2)(i) through (i)(2)(iv) of this section. Administrator or delegated authority from the continuous volumetric flow (i) Owners and operators shall install, along with a notification that the monitor(s), an identification of the calibrate, maintain, and operate a smelter is seeking review and approval periods when the 15-minute volumetric

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TABLE 1 OF SUBPART TTTÐGENERAL PROVISIONS APPLICABILITY TO SUBPART TTT

Applies to subpart Reference TTT Comment

§ 63.1 ...... Yes § 63.2 ...... Yes § 63.3 ...... Yes § 63.4 ...... Yes § 63.5 ...... Yes § 63.6(a), (b), (c), (e), (f), (g), (i) and (j) ...... Yes § 63.6(d) and (h) ...... No No opacity limits in rule. § 63.7 ...... Yes § 63.8 ...... Yes § 63.9 (a), (b), (c), (d), (e), (g), (h)(1) through (3), (h)(5) and Yes (6), (i) and (j). § 63.9(f) and (h)(4) ...... No No opacity or visible emission limits in rule. § 63.10 ...... Yes § 63.11 ...... No Flares will not be used to comply with the emission limits. § 63.12 through 63.15 ...... Yes

[FR Doc. 99–12757 Filed 6–3–99; 8:45 am] BILLING CODE 6560±50±M

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