Friday, October 6, 2006

Part IV

Environmental Protection Agency 40 CFR Part 63 National Emission Standards for Hazardous Air Pollutants for Area Sources: Polyvinyl Chloride and Copolymers Production, Primary Copper Smelting, Secondary Copper Smelting, and Primary Nonferrous Metals—Zinc, Cadmium, and Beryllium; Proposed Rule

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ENVIRONMENTAL PROTECTION of your comments on the information of encryption, and be free of any defects AGENCY collection provisions to the Office of or viruses. Information and Regulatory Affairs, Docket: All documents in the docket 40 CFR Part 63 Office of Management and Budget are listed in the Federal Docket [EPA–HQ–OAR–2006–0510; FRL–8226–8] (OMB), Attn: Desk Officer for EPA, 725 Management System index at http:// 17th St., NW., Washington, DC 20503. www.regulations.gov. Although listed in RIN 2060–AN45 • Hand Delivery: EPA Docket Center, the index, some information is not National Emission Standards for Public Reading Room, EPA West, Room publicly available, e.g., CBI or other Hazardous Air Pollutants for Area B102, 1301 Constitution Ave., NW., information whose disclosure is Sources: Polyvinyl Chloride and Washington, DC 20460. Such deliveries restricted by statute. Certain other Copolymers Production, Primary are only accepted during the Docket’s material, such as copyrighted material, Copper Smelting, Secondary Copper normal hours of operation, and special is not placed on the Internet and will be Smelting, and Primary Nonferrous arrangements should be made for publicly available only in hard copy Metals—Zinc, Cadmium, and Beryllium deliveries of boxed information. Note: form. Publicly available docket The EPA Docket Center suffered damage materials are available either AGENCY: Environmental Protection due to flooding during the last week of electronically through Agency (EPA). June 2006. The Docket Center is www.regulations.gov or in hard copy at ACTION: Proposed rules. continuing to operate. However, during the EPA Docket Center, Public Reading the cleanup, there will be temporary Room, EPA West, Room B102, 1301 SUMMARY: EPA is proposing national changes to Docket Center telephone Constitution Ave., NW., Washington, emission standards for hazardous air numbers, addresses, and hours of DC. The Public Reading Room is open pollutants (NESHAP) for four area operation for people who wish to make from 8:30 a.m. to 4:30 p.m., Monday source categories. The proposed hand deliveries or visit the Public through Friday, excluding legal NESHAP reflect EPA’s determination Reading Room to view documents. holidays. The telephone number for the that existing facilities in three of these Consult EPA’s Federal Register notice at Public Reading Room is (202) 566–1744, categories are well controlled and that 71 FR 38147 (July 5, 2006) or the EPA and the telephone number for the Air the emission control devices and work Web site at http://www.epa.gov/ Docket is (202) 566–1742. practices at these facilities represent the epahome/dockets.htm for current FOR FURTHER INFORMATION CONTACT: generally available control technology Mr. information on docket operations, Bob Schell, U.S. EPA, Office of Air (GACT) for these source categories. For locations and telephone numbers. secondary copper smelting, we are Quality Planning and Standards, Sector Instructions: Direct your comments to Policies and Programs Division, Metals proposing NESHAP for new area Docket ID No. EPA–HQ–OAR–2006– sources because there is not, and never and Minerals Group (D243–02), 0510. EPA’s policy is that all comments Research Triangle Park, North Carolina will be, any existing source in this received will be included in the public category. 27711, telephone number: (919) 541– docket without change and may be 4116, fax number (919) 541–3207, e- DATES: Comments must be received on made available online at http:// mail address: [email protected]. or before November 6, 2006 unless a www.regulations.gov, including any public hearing is requested by October personal information provided, unless SUPPLEMENTARY INFORMATION: Outline. 16, 2006. If a hearing is requested on the the comment includes information The information presented in this proposed rules, written comments must claimed to be confidential business preamble is organized as follows: be received by November 20, 2006. information (CBI) or other information I. General Information Public Hearing. If anyone contacts whose disclosure is restricted by statute. A. Does this action apply to me? EPA requesting to speak at a public Do not submit information that you B. What should I consider as I prepare my hearing concerning the proposed rules consider to be CBI or otherwise comments to EPA? by October 16, 2006, we will hold a protected through www.regulations.gov C. Where can I get a copy of this document and other related information? public hearing on October 23, 2006. If or e-mail. The www.regulations.gov Web II. Background Information for Proposed Area you are interested in attending the site is an ‘‘anonymous access’’ system, Source Standards public hearing, contact Ms. Pamela which means EPA will not know your III. Proposed NESHAP for Polyvinyl Chloride Garrett at (919) 541–7966 to verify that identity or contact information unless and Copolymers Production Area a hearing will be held. you provide it in the body of your Sources ADDRESSES: Submit your comments, comment. If you send an e-mail A. What area source category is affected by identified by Docket ID No. EPA–HQ– comment directly to EPA without going the proposed NESHAP? through www.regulations.gov, your e- B. What HAP are emitted from polyvinyl OAR–2006–0510, by one of the chloride and copolymers production? following methods: mail address will be automatically • C. What are the proposed requirements for Federal eRulemaking Portal: http:// captured and included as part of the area sources? www.regulations.gov. Follow the on-line comment that is placed in the public D. What is our rationale for selecting the instructions for submitting comments. docket and made available on the proposed standards for area sources? • E-mail: [email protected]. Internet. If you submit an electronic E. What is our rationale for exempting • Fax: (202) 566–1741. comment, EPA recommends that you polyvinyl chloride and copolymers • Mail: National Emission Standards include your name and other contact production area sources from the CAA for Hazardous Air Pollutants for Four information in the body of your title V permit requirements? Area Source Categories, Docket No. comment and with any disk or CD–ROM IV. Proposed NESHAP for Primary Copper EPA–HQ–OAR–2006–0510, you submit. If EPA cannot read your Smelting Area Sources A. What area source category is affected by Environmental Protection Agency, EPA comment due to technical difficulties the proposed NESHAP? Docket Center, Mailcode 6102T, 1200 and cannot contact you for clarification, B. What HAP are emitted from primary Pennsylvania Ave., NW., Washington, EPA may not be able to consider your copper smelters? DC 20460. Please include a total of two comment. Electronic files should avoid C. What are the proposed requirements for copies. In addition, please mail a copy the use of special characters, any form area sources?

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D. What is our rationale for selecting the C. What are the proposed requirements for F. Executive Order 13175: Consultation proposed standards for area sources? primary zinc production area sources? and Coordination with Indian Tribal V. Proposed NESHAP for Secondary Copper D. What is our rationale for selecting the Governments Smelting Area Sources proposed standards for primary zinc G. Executive Order 13045: Protection of A. What area source category is affected by production area sources? Children from Environmental Health and the proposed NESHAP? E. What is primary beryllium production Safety Risks B. What HAP are emitted from secondary and what HAP are emitted? H. Executive Order 13211: Actions F. What are the proposed requirements for copper smelters? Concerning Regulations That primary beryllium production area C. What are the proposed requirements for Significantly Affect Energy Supply, sources? Distribution, or Use area sources? G. What is our rationale for selecting the D. What is our rationale for selecting the I. National Technology Transfer proposed standards for primary Advancement Act proposed standards for area sources? beryllium production area sources? VI. Proposed NESHAP for Primary VII. Statutory and Executive Order Reviews I. General Information Nonferrous Metals-Zinc, Cadmium, and A. Executive Order 12866: Regulatory Beryllium Area Sources Planning and Review A. Does this action apply to me? A. What area source category is affected by B. Paperwork Reduction Act the proposed NESHAP? C. Regulatory Flexibility Act The regulated categories and entities B. What is primary zinc production and D. Unfunded Mandates Reform Act potentially affected by the proposed what HAP are emitted? E. Executive Order 13132: Federalism standards include:

Category NAICS Examples of regulated entities code 1

Industry: Polyvinyl chloride and copolymers pro- 325211 Area source facilities that polymerize and copolymers vinyl chloride monomer to duction. produce vinyl production chloride and/or copolymer products. Primary copper smelting ...... 331411 Area source facilities that produce copper from copper sulfide ore concentrates using pyrometallurgical techniques. Secondary copper smelting ...... 331423 2 Area source facilities that process smelting copper scrap in a blast furnace and con- verter or use another pyrometallurgical purification process to produce anode copper from copper scrap, including low-grade copper scrap. Primary nonferrous metals - zinc, cad- 331419 Area source facilities that produce zinc, zinc oxide, cadmium, or cadmium oxide from mium, and beryllium. zinc sulfide ore concentrates using pyrometallurgical techniques and area source fa- cilities that produce beryllium metal, alloy, or oxide from beryllium ore. Federal government ...... Not affected. State/local/tribal government ...... Not affected. 1 North American Industry Classification System. 2 The proposed rule applies only to secondary copper smelters and does not apply to copper, brass, and bronze ingot makers or remelters that may also be included under this NAICS code. There are no existing secondary copper smelters as defined in the proposed rule.

This table is not intended to be B. What should I consider as I prepare C. Where can I get a copy of this exhaustive, but rather provides a guide my comments to EPA? document and other related for readers regarding entities likely to be information? affected by this action. To determine Do not submit information containing CBI to EPA through In addition to being available in the whether your facility would be docket, an electronic copy of these regulated by this action, you should www.regulations.gov or e-mail. Send or deliver information identified as CBI proposed actions will also be available examine the applicability criteria in 40 on the Worldwide Web (WWW) through CFR 63.11140 of subpart DDDDDD only to the following address: Roberto Morales, OAQPS Document Control the Technology Transfer Network (NESHAP for Polyvinyl Chloride and (TTN). Following signature, a copy of Officer (C404–02), U.S. EPA, Office of Copolymers Production Area Sources), the proposed actions will be posted on Air Quality Planning and Standards, 40 CFR 63.11146 of subpart EEEEEE the TTN’s policy and guidance page for Research Triangle Park, North Carolina (NESHAP for Primary Copper Smelting newly proposed or promulgated rules at 27711, Attention Docket ID EPA–HQ– Area Sources), 40 CFR 63.11153 of the following address: http:// OAR–2006–0510. Clearly mark the part subpart FFFFFF (NESHAP for www.epa.gov/ttn/oarpg/. The TTN or all of the information that you claim Secondary Copper Smelting Area provides information and technology to be CBI. For CBI information in a disk Sources), or 40 CFR 63.11160 of subpart exchange in various areas of air or CD ROM that you mail to EPA, mark GGGGGG (NESHAP for Primary pollution control. the outside of the disk or CD ROM as Nonferrous Metals—Zinc, Cadmium, CBI and then identify electronically II. Background Information for and Beryllium Area Sources). If you within the disk or CD ROM the specific Proposed Area Source Standards have any questions regarding the information that is claimed as CBI. In applicability of this action to a Section 112(d) of the Clean Air Act addition to one complete version of the particular entity, consult either the air (CAA) requires us to establish NESHAP comment that includes information permit authority for the entity or your for both major and area sources of claimed as CBI, a copy of the comment hazardous air pollutants (HAP) that are EPA regional representative as listed in that does not contain the information listed for regulation under CAA section 40 CFR 63.13 of subpart A (General claimed as CBI must be submitted for 112(c). A major source is a stationary Provisions). inclusion in the public docket. source that emits or has the potential to Information so marked will not be emit 10 tons per year (tpy) or more of disclosed except in accordance with any HAP or 25 tpy or more of any procedures set forth in 40 CFR part 2. combination of HAP. An area source is

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a stationary source that is not a major Nonferrous Metals—Zinc, Cadmium, already well controlled as a result of source (i.e., an area source does not emit and Beryllium. other existing or applicable standards. and does not have the potential to emit The inclusion of each of the four Existing facilities in three of these either 10 tpy or more of any single HAP source categories on the area source source categories are currently well or 25 tpy or more of any combination of category list is based on data from the controlled as a result of State and HAP). CAA section 112(k) inventory, which national standards and permitting Requirements for area sources are represents 1990 urban air data. The requirements for criteria pollutants that described in CAA sections 112(c)(3) and Polyvinyl Chloride and Copolymers obtain co-control of HAP. There are no 112(k). These provisions direct EPA (1) Production source category listing was existing sources in the secondary copper to identify not less than 30 HAP that based on vinyl chloride emissions. The smelting source category. New and present the threat to public health in the Primary Copper Smelting source existing area sources of polyvinyl largest number of urban areas and (2) to category listing was based on HAP metal chloride (PVC) and copolymer plants identify sufficient area source categories emissions (arsenic, cadmium, are subject to the National Emission to ensure that sources representing 90 chromium, lead, and nickel), while Standard for Vinyl Chloride (40 CFR percent or more of the emissions of each Secondary Copper Smelting was based part 61, subpart F). The vinyl chloride of the 30 ‘‘listed’’ HAP (‘‘urban HAP’’) on HAP emissions of cadmium, lead, standard requires that new and existing are subject to regulation. We and dioxin. The listing of the Primary area sources also comply with the implemented these listing requirements Nonferrous Metals-Zinc, Cadmium, and National Emission Standard for through the Integrated Urban Air Toxics Beryllium source category was based on Equipment Leaks (Fugitive Emission Strategy (64 FR 38715, July 19, 1999).1 emissions of arsenic, cadmium, lead, Sources) in 40 CFR part 61, subpart V. However, EPA has not completed the manganese, and nickel. New and existing area sources that required regulatory action for all of the Section 112(k)(3)(B) of the CAA process beryllium ore, beryllium, listed area source categories. Pursuant to requires that EPA ensure that sources beryllium oxide, beryllium alloys, or CAA section 304, Sierra Club brought representing 90 percent of the emissions beryllium-containing waste are subject suit in the district court for the District of each of the 30 urban HAP are subject to the National Emission Standard for of Columbia to compel EPA to complete to standards pursuant to section 112(d). Beryllium (40 CFR part 61, subpart C). this action (Sierra Club v. U.S. Under CAA section 112(d)(5), the One of the two primary zinc production Environmental Protection Agency, no. Administrator may, in lieu of standards area sources is subject to the new source 01–1537, DC Cir.). On March 31, 2006, requiring maximum achievable control performance standard (NSPS) at 40 CFR the court issued an order requiring, technology (MACT) under section part 60, subpart Q, and primary copper among other things, that we complete 112(d)(2), elect to promulgate standards smelting area sources are subject to the regulatory action for a specified number or requirements for area sources ‘‘which NSPS at 40 CFR part 60, subpart P. of area source categories every 6 months provide for the use of generally These NSPS, as well as other applicable starting December 15, 2006, and available control technologies [‘‘GACT’’] Federal and State requirements, are complete regulatory action of all or management practices by such incorporated into and enforced under remaining categories by June 15, 2009. sources to reduce emissions of these primary zinc production and The order requires that, by December hazardous air pollutants.’’ Under primary copper smelting area sources’ 15, 2006, we complete regulatory action section 112(d)(5), the Administrator has title V permits. for four area source categories. The four the discretion to use GACT in lieu of Except for dioxin emissions from area source categories that we have MACT. Pursuant to section 112(d)(5), I secondary copper smelting, the urban selected to meet this obligation and are have decided not to issue MACT HAP emissions from the three area therefore subject of this proposal are as standards and concluded that GACT is source categories for nonferrous metals follows: (1) Primary Copper Smelting; appropriate for these four source are all metal HAP. Under the Federal (2) Secondary Copper Smelting; (3) categories. standards mentioned above that are Polyvinyl Chloride and Copolymers Legislative history describes GACT as applicable to these three categories, we Production; and (4) Primary Nonferrous standards reflecting application of are able to control the urban metal HAP Metals—Zinc, Cadmium, and Beryllium. generally available control technology, emissions by controlling emissions of On June 26, 2002, we amended the that is, ‘‘methods, practices and particulate matter (PM), which provide area source category list by adding techniques which are commercially co-control of the HAP metals for PM. additional source categories, including available and appropriate for The Secondary Copper Smelting source Polyvinyl Chloride and Copolymers application by the sources in the category does not have any existing Production, Secondary Copper category considering economic impacts plants—plants that were operating in Smelting, and Cadmium Refining and and the technical capabilities of the 1990 have permanently closed, and no Cadmium Oxide Production source firms to operate and maintain the new plants have started. As discussed in categories (67 FR 43112, 43113). On emissions control systems’’ (Senate more detail in sections III through VI of November 22, 2002, we further Report Number 101–228, December 20, this preamble, we conclude that, with amended the category list by, among 1989). In addition to technical the exception of secondary copper other things, adding Primary Copper capabilities of the facilities and smelting, GACT is equivalent to the Smelting (67 FR 70427, 70428). We also availabilities of control measures, levels of control that are currently expanded the Cadmium Refining and legislative history suggests that we may required and being implemented by Cadmium Oxide Production source consider costs and economic impacts in sources in the other three categories. category to include primary zinc and determining GACT, which is Because there is not currently any, nor beryllium production and renamed the particularly important when developing is there expected to be any existing category accordingly as Primary regulations for source categories that source of secondary copper smelting, we may have few establishments and many are not proposing a standard for existing 1Since its publication in the Integrated Urban Air small businesses, or when determining sources but are proposing a standard for Toxics Strategy in 1999, the area source category whether additional control is necessary new area sources of secondary copper list has undergone several amendments. for sources with emissions that are smelting.

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III. Proposed NESHAP for Polyvinyl C. What are the proposed requirements Records are required to demonstrate Chloride and Copolymers Production for area sources? compliance, including a daily operating Area Sources 1. Applicability and Compliance Dates log for each reactor. Plants also would be required to comply with the testing, A. What area source category is affected The proposed NESHAP apply to both monitoring, recordkeeping, and by the proposed NESHAP? new and existing PVC and copolymer reporting requirements in the part 61 plants that are area sources. Because The Polyvinyl Chloride and General Provisions (40 CFR part 61, existing area sources, if there are any, subpart A). We are also proposing that Copolymers Production area source would already be operating subject to the owner or operator comply with the category includes facilities that emissions limits and work practice requirements for startup, shutdown, and polymerize vinyl chloride monomer standards that are the same as those in alone or in combination with other this proposed NESHAP, we are malfunction (SSM) plans and reports in materials to produce PVC and proposing that owners or operators of 40 CFR 63.6(e)(3). We have explicitly copolymers. Sources in this area source existing sources comply with all the identified in the proposed NESHAP the category are currently subject to the requirements of the area source applicable General Provisions of both 40 National Emission Standard for Vinyl NESHAP by [Date of publication of the CFR parts 61 and 63. Chloride (40 CFR part 61, subpart F). final rule in the Federal Register]. The D. What is our rationale for selecting the The vinyl chloride standard applies to owner or operator of a new source proposed standards for area sources? all new and existing major and area would be required to comply with the sources of PVC and copolymer area source NESHAP by [DATE OF 1. Selection of Proposed Standards production. PUBLICATION OF THE FINAL RULE IN THE Federal Register] or at startup, Stripping is the primary control We estimate that there are whichever is later. measure used at major sources of PVC approximately 28 major sources of PVC and copolymer production facilities to and copolymer production facilities 2. Emissions Limitations and Work control HAP emissions and meet the operating in the U.S. Although we do Practice Standards vinyl chloride emissions limits required not know of any existing area sources in We are proposing to adopt as the by 40 CFR part 61, subpart F, which this category, we cannot say NESHAP for the Polyvinyl Chloride and applies to both major and area sources conclusively that there are not and Copolymer Production area source in this category. Stripping at the never will be any area sources in this category 40 CFR part 61, subpart F. production stage to recover unreacted category. Consequently, we are Subpart F establishes numerical feedstock reduces the air emissions from proposing standards for both new and emissions limits for reactors; strippers; the product by reducing the residual existing area sources. We are requesting mixing, weighing, and holding HAP in the product. In addition to comments on whether there are or ever containers; monomer recovery systems; stripping, other HAP control measures will be any area sources in this source emissions sources following the that may be employed to meet the category. stripper(s); and reactors used as subpart F standards include: (1) strippers. Subpart F also establishes operating under a closed-vent system B. What HAP are emitted from polyvinyl both emissions limits and work practice with add-on control (e.g., flare) to chloride and copolymers production? requirements that apply to discharges incinerate HAP gases not returning to from manual vent valves on a PVC the process, and (2) minimizing the The resins used to make PVC and reactor and relief valves in vinyl presence of HAP before opening a copolymer products are produced in chloride service, fugitive emissions reactor or piece of process equipment batch reactor processes where vinyl sources, and equipment leaks. Subpart F containing vinyl chloride monomer and chloride is polymerized with itself as a requires a new or existing source to other HAP. Subpart F also requires homopolymer or copolymerized with comply with the requirements at 40 CFR facilities to comply with the work varying amounts of vinyl acetate, part 61, subpart V for the control of practice standards for ongoing leak ethylene, propylene, vinylidene equipment leaks. detection and repair prescribed in 40 chloride, or acrylates. The resulting 3. Compliance Requirements CFR part 61, subpart V. As shown in resins are generally dried into nontoxic major source facilities, these powders or granules that are We are proposing to include in this conventional control techniques and compounded with auxiliary ingredients proposed NESHAP the monitoring, testing, recordkeeping, and reporting work practices are readily available and and converted into a variety of plastic highly effective in controlling vinyl end products. These end products can requirements in 40 CFR part 61, subpart F. The proposed NESHAP requires a chloride emissions at PVC and be used in a large number of copolymer production facilities. applications, including latex paints, vinyl chloride continuous emissions monitoring system (CEMS) for the Although we are not aware of any coatings, adhesives, clear plastics, rigid existing area source, we have no reason plastics, and flooring. regulated emissions sources (except for sources following the stripper) and for to believe that the conventional control The urban HAP emitted from PVC and any control system to which reactor techniques employed at major sources copolymer production is vinyl chloride, emissions or fugitive emissions must be to meet the emissions limits and work which is used as a primary feedstock. ducted. Plants using a stripper to practice standards in subpart F are The copolymer feedstocks (e.g., vinyl comply with the NESHAP must also infeasible, impractical, or inappropriate acetate and vinylidene chloride) are also determine the daily average vinyl for area sources. Therefore, we have HAP under CAA section 112(b) but are chloride concentration for each type of determined that the emissions control not listed as urban HAP. HAP may be resin. The proposed NESHAP requires requirements at 40 CFR part 61, subpart released from an opening or leak in the the owner or operator to submit F represent GACT for new and existing process equipment. Residual HAP (i.e., quarterly reports containing information sources in the Polyvinyl Chloride and unreacted vinyl chloride) in the product on emissions or resin concentrations Copolymer Production area source may also become airborne. that exceed the applicable limits. category.

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2. Selection of Proposed Compliance this action to exempt PVC and monitoring, recordkeeping and Requirements copolymers production area sources reporting requirements of title V (see 40 We have reviewed the compliance from the requirements of title V. PVC CFR 70.6 and 71.6) that we believe are requirements in the vinyl chloride and copolymers production area sources important for assuring compliance with standard and part 61 General Provisions would not be required to obtain title V the NESHAP. The purpose of this applicable to this proposed NESHAP permits solely as a function of being the review was to determine if title V is and concluded that these requirements subject of the proposed NESHAP; ‘‘unnecessary’’ to improve compliance are sufficient to ensure compliance with however, if they were otherwise with this NESHAP. A finding that title the proposed emissions limits and work required to obtain title V permits, such V would not result in significant requirement(s) would not be affected by practice standards. Therefore, we are improvements to the compliance the proposed exemption. including the part 61, subpart F requirements in the proposed NESAHP Consistent with the statute, EPA has performance test, monitoring would support a conclusion that title V found that compliance with title V permitting is ‘‘unnecessary’’ for area requirements, and recordkeeping permitting is ‘‘unnecessarily requirements in this proposed rule. sources in this category. One way that burdensome’’ for PVC and copolymers title V may improve compliance is by The General Provisions applicable to production area sources. EPA’s inquiry the subpart F standard (40 CFR part 61, requiring monitoring (including into whether this criterion was satisfied recordkeeping designed to serve as subpart A), are necessary for effective was based primarily upon consideration application of the subpart F standard monitoring) to assure compliance with of the following four factors: (1) the emission limitations and control and are therefore incorporated into this Whether title V would result in proposed rule as well. We are also technology requirements imposed in the significant improvements to the standard. The authority for adding new incorporating certain provisions in the compliance requirements that we are General Provisions of part 63, subpart A monitoring in the permit is in the proposing for this area source category; ‘‘periodic monitoring’’ provisions of 40 to address aspects of this proposed rule (2) whether title V permitting would not covered by the part 61 General CFR 70.6(a)(3)(i)(B) and 40 CFR impose a significant burden on these 71.6(a)(3)(i)(B), which allow new Provisions. Specifically, we need to area sources and whether that burden incorporate certain provisions in §§ 63.1 monitoring to be added to the permit would be aggravated by any difficulty when the underlying standard does not and 63.5 of the part 63 General these sources may have in obtaining Provisions which delineate already require ‘‘periodic testing or assistance from permitting agencies; (3) instrumental or noninstrumental applicability, construction, and whether the costs of title V permitting reconstruction. However, we are not monitoring (which may consist of for these area sources would be recordkeeping designed to serve as applying provisions within 40 CFR 63.1 justified, taking into consideration any and 63.5 that are already covered by monitoring).’’ In addition, title V potential gains in compliance likely to imposes a number of recordkeeping and part 61 General Provisions. We are occur for such sources; and (4) whether proposing to apply the provisions in 40 reporting requirements that may be there are implementation and important for assuring compliance. CFR 63.1(a) except for the provisions in enforcement programs in place that are 40 CFR 63.1(a)(11) and (12) regarding These include requirements for a sufficient to assure compliance with this monitoring report at least every 6 notices, time periods, and postmarks; 40 NESHAP without relying on title V CFR 63.1(b) except paragraph (b)(3); 40 months, prompt reports of deviations, permits. and an annual compliance certification. CFR 63.1(c); 40 CFR 63.1(e); and 40 CFR Additionally, EPA also considered, See 40 CFR 70.6(a)(3) and 40 CFR 63.5 except for the references to 40 CFR consistent with the guidance provided 71.6(a)(3), 40 CFR 70.6(c)(1) and 40 CFR 63.6 for compliance procedures and the by the legislative history of CAA section 71.6(c)(1), and 40 CFR 70.6(c)(5) and 40 references to 40 CFR 63.9 for 502(a),2 whether exempting PVC and CFR 71.6(c)(5). notification procedures. Because the copolymers production area sources part 61 General Provisions do not would adversely affect public health, To determine whether title V permits include requirements for SSM plans and welfare or the environment. We first would add significant compliance reports, we are also proposing to require determined the extent to which these requirements to the proposed NESHAP the owner or operator of a new or factors were present for this area source for PVC and copolymer area sources, we existing area source to comply with the category. We then determined whether compared the title V monitoring, SSM requirements in 40 CFR 63.6(e)(3) those factors collectively demonstrated recordkeeping, and reporting except for the requirement in 40 CFR that compliance with title V requirements mentioned above to those 63.6(e)(3)(ix) to include the SSM requirements would be unnecessarily requirements in the proposed NESHAP provisions in the title V permit. burdensome for PVC and copolymer for the Polyvinyl Chloride and production area sources. Copolymer Production area source E. What is our rationale for exempting category, which adopts the compliance polyvinyl chloride and copolymers The first factor is whether title V would result in significant requirements in the National Emission production area sources from the CAA Standard for Vinyl Chloride. See 40 CFR title V permit requirements? improvements to the compliance requirements we are proposing for this 61.60. We also reviewed the part 61 Section 502(a) of the CAA provides area source category. We looked at the compliance requirements (specifically that EPA may exempt one or more area compliance requirements of the 40 CFR 61.67 through 61.71) applicable sources from the requirements of title V proposed NESHAP to see if they were to this proposed NESHAP. The if EPA finds that compliance with such substantially equivalent to the proposed NESHAP would require a requirements is ‘‘impracticable, vinyl chloride CEMS for the regulated infeasible, or unnecessarily 2 The legislative histroy of section 502(a) suggests emissions sources (except for sources burdensome’’ on such area sources. EPA that EPA should not grant title V exemptions where following the stripper) and for any must determine whether to exempt an doing so would adversely affect public health, control system to which reactor welfare, or the environment. (See Chafee-Baucus area source from title V at the time we Statement of Senate Managers, Environment and emissions or fugitive emissions must be issue the relevant section 112 standard Natural Resources Policy Division 1990 CAA Leg. ducted. Plants using a stripper to (40 CFR 70.3(b)(2)). We are proposing in Hist. 905, Compiled November, 1993.) comply with the NESHAP must also

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determine the daily average vinyl reading and understanding permit In addition to evaluating whether chloride concentration for each type of program guidance and regulations, compliance with title V requirements is resin. Because both the continuous and completing the permit application, ‘‘unnecessarily burdensome’’, EPA also noncontinuous monitoring methods preparing and submitting applications considered, consistent with guidance required by the proposed NESHAP for permit revisions every 5 years, and provided by the legislative history of would provide periodic monitoring, title paying permit fees. We believe that this section 502(a), whether exempting PVC V would not add any monitoring to the cost is a significant burden for these and copolymer production area sources proposed NESHAP. area sources based on our general from title V requirements would We also considered the extent to assessment of this area source category. adversely affect public health, welfare, which title V could enhance compliance The third factor we considered is or the environment. One of the primary for area sources through recordkeeping whether the costs of title V permitting purposes of the title V permitting or reporting requirements, including for these area sources would be program is to clarify, in a single title V requirements for a 6-month justified, taking into consideration any document, the various and sometimes monitoring report, deviation reports, potential gains in compliance likely to complex regulations that apply to and an annual compliance certification occur for such sources. We found above sources in order to improve in 40 CFR 70.6 and 71.6. The proposed that the costs of title V would be a understanding of these requirements NESHAP requires the owner or operator significant burden on these area sources. and to help sources to achieve to submit quarterly reports containing Also, based on our consideration of compliance with the requirements. In information on emissions or resin factor 1 (described above) and factor 4 this case, however, we do not believe concentrations that exceed the (described below), we did not identify that a title V permit is necessary for us applicable limits. Records are required potential gain in compliance with this to understand all requirements to demonstrate compliance, including a proposed NESHAP from title V applicable to PVC and copolymers daily operating log for each reactor, all permitting. Therefore, we conclude that production area sources. To our emissions measurements, and leak the costs of title V permitting for this knowledge, currently the only detection and repair. The information area source category are not justified. applicable requirements to these area required in the proposed NESHAP is sources are 40 CFR part 61, subpart F. The fourth factor we considered is similar to the information that must be This proposal would not add new whether there are implementation and provided in the deviation reports and requirements to PVC and copolymers enforcement programs in place that are semiannual monitoring reports required production area sources. We have sufficient to assure compliance with this under 40 CFR 70.6(a)(3) and 40 CFR determined that the subpart F NESHAP without relying on title V 71.6(a)(3). The proposed NESHAP does requirements reflect GACT and thus permits. A conclusion that this criteria not require an annual compliance adopted them in this proposed rule. can be met would support a conclusion certification report, which is a Furthermore, we do not find subpart F that Title V permitting is ‘‘unnecessary’’ requirement of a title V permit. See 40 standards to be very complicated to for these area sources. See 70 FR 15254. CFR 70.5(c)(9)(iii) and 40 CFR understand or implement. For these 71.6(c)(5)(i). EPA believes that the There are State programs in place to reasons, we do not find that title V annual certification reporting enforce this area source NESHAP. We permitting is necessary to improve requirement is not a significant believe that these programs are understanding of and achieve compliance requirement because the sufficient to assure compliance with this compliance with these standards. quarterly reports are adequate to ensure NESHAP. In addition, EPA retains Therefore, we conclude that exempting compliance. authority to enforce this NESHAP these area sources from title V The monitoring, recordkeeping and anytime under CAA sections 112, 113 permitting requirements in this reporting requirements in the proposed and 114. In light of the above, we proposed rule would not adversely NESHAP for the Polyvinyl Chloride and conclude that title V permitting is affect public health, welfare, or the Copolymers Production area source ‘‘unnecessary’’ to assure compliance environment. category are substantially equivalent to with this NESHAP because the statutory Based on the above analysis, we such requirements under title V. requirements for implementation and conclude that title V permitting would Therefore, we conclude that title V enforcement of this NESHAP by the be ‘‘unnecessarily burdensome’’ for PVC would not result in significant delegated States and EPA are sufficient and copolymer production area sources. improvements to the compliance to assure compliance with this area We are, therefore, proposing that this requirements we are proposing for this source NESHAP, in all parts of the U.S., area source category be exempt from area source category. without title V permits. In addition, title V permitting requirements. The second factor we considered is small business assistance programs whether title V permitting would required by CAA section 507 may be IV. Proposed NESHAP for Primary impose significant burdens on these used to assist area sources that have Copper Smelting Area Sources area sources and whether that burden been exempted from title V permitting. A. What area source category is affected would be aggravated by any difficulty Also, States and EPA often conduct by the proposed NESHAP? these sources may have in obtaining voluntary compliance assistance, assistance from permitting agencies. The outreach, and education programs 1. Source Category Description information collection request (ICR) for (compliance assistance programs), Copper metal produced directly from parts 70 and 71 describes the title V which are not required by statute. These copper ore is referred to as ‘‘primary burdens and costs in the aggregate, and additional programs supplement and copper.’’ The primary copper smelting although they do not focus on area enhance the success of compliance with source category includes facilities that sources, they do describe the various this area source NESHAP. In light of all produce copper from copper sulfide ore activities undertaken by title V sources, of the above, we conclude that there are concentrates using a pyrometallurgical including area sources, so many of the implementation and enforcement process. same burdens and costs described in the programs in place that are sufficient to Currently, there are three primary ICR will also apply to area sources. assure compliance with this NESHAP copper smelters operating in the U.S. Some examples of this burden include without relying on title V permitting. Two of these smelters are major sources

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of HAP emissions and are subject to the using batch copper converting southeastern Arizona. Production at two NESHAP for primary copper smelters in technology. of these mines is planned to start within 40 CFR part 63, subpart QQQ. The third the next several years. 2. Existing Sources smelter is an area source and is not Increased copper mine development subject to the NESHAP in subpart QQQ, The primary copper smelter that is an in the U.S. does not automatically which only applies to major sources. area source uses flash copper converting trigger the building of new primary Each of the three primary copper technology. At this smelter, molten copper smelters. For instance, there smelters is located in relatively close copper matte tapped from a flash have been no announcements that new proximity to the copper mines smelting furnace is not transferred as smelters are planned to be built or supplying the copper ore. Copper ore molten material directly to the would be necessary to process the excavated from mines is beneficiated to converting vessel as is performed at the copper ore from the new mine produce copper ore concentrate. The ore two major source smelters that use batch developments. The output from these concentrates are first dried to reduce the copper converting technology. Instead, new mines will probably be processed moisture content. The dried concentrate the matte is first quenched with water using the alternative hydrometallurgical then is blended with fluxes and to form solid granules of copper matte. process because of economic and secondary copper-bearing materials. These matte granules are then ground to technological advantages. This wet This mixture is fed to a flash smelting a finer texture and fed to the flash process involves leaching, solvent furnace where the ore is melted and converting furnace. This furnace differs extraction, and electrowinning steps reacts to produce copper matte, a significantly in design and operation instead of the high temperature smelting molten solution of copper sulfide mixed from the cylindrical batch converters and converting steps used for the with iron sulfide. operated at the other U.S. smelters. pyrometallurgical process. Also, only one flash converting furnace The hydrometallurgical process is The copper matte from the smelting is needed at the area source smelter conducted in facilities built near the furnace is converted to blister copper compared to multiple batch copper mine site. This process is preferable for (approximately 98 percent pure copper) converter vessels at the other smelters. low copper content ores because of by oxidization to remove the sulfur as Most of the process fugitive emissions lower production costs compared to the sulfur dioxide (SO ) gas and the iron as 2 associated with smelters using batch costs of smelting and refining the ore. a ferrous oxide slag. The molten slag copper converting do not occur in the Further, because it is a wet process and from converting is cooled and may be flash copper converting process. There does not use any operations involving processed in slag concentrators to are no crane transfers of molten material high temperatures and the handling of remove residual copper before on-site in open ladles between the smelting, molten materials, the potential for disposal. The SO2 gases from smelting converting, and anode refining emission of HAP metals to the and converting are vented to a sulfuric departments. In addition, because flash atmosphere is very low. acid plant. Copper converting is copper converting is conducted in an Hydrometallurgical processes are not conducted as a batch process in which enclosed vessel as a continuous process, included in the Primary Copper molten matte is charged to large no process off-gases escape capture, Smelting area source category. horizontal, cylindrical vessels or as a which occurs during the cyclic rolling- Although smelters will not be used in continuous process in which solid matte out of the batch copper converters for association with the new mining granules are fed to a flash smelting charging, skimming, and pouring. projects mentioned above, we recognize furnace-like vessel. While potential HAP emissions are that the record-high commodity prices Molten blister copper is transferred overall lower from flash copper for refined copper may encourage from the converting vessel to an anode converting due to the elimination of construction of new primary copper furnace for refining to further remove emissions points, the blister copper smelters in the U.S. Currently, copper residual impurities and oxygen. The produced by the continuous flash smelting technologies other than the blister copper is reduced in the anode copper converter may contain higher batch and flash copper converting furnace to remove oxygen, typically by levels of residual metal HAP impurities technologies are commercially available injecting natural gas and steam to than that produced by the batch copper and are being selected for new smelters produce a high purity copper. The converting technology. At the smelter in other countries. Because these molten copper from the anode furnace using flash copper converting, however, smelting technologies are more is poured into molds to produce solid the anode furnaces and casting technologically advanced and cost copper ingots called anodes. The anode operations are vented to emissions effective in producing copper than the copper is sent to a copper refinery, control equipment that is effective in technologies currently employed at the either on-site or at another location, controlling metal HAP emissions from three existing U.S. smelters, they would where it is further purified using an these processes that follow the flash likely be used in the U.S. if new electrolytic process to obtain the high- copper converting process. smelters are constructed. purity copper that is sold as a product. The overall function of a primary 3. New Sources B. What HAP are emitted from primary copper smelter, regardless of the Record-high commodity prices for copper smelters? technologies used, is to produce anode refined copper are motivating Metals other than copper naturally copper from copper ore concentrates. companies to expand copper production occur in copper ore deposits, and some However, there are key differences capacity in the U.S. and other countries of these metals are listed as HAP under between how the anode copper is to meet higher demand. The CAA section 112(b). In general, the HAP produced at a smelter using flash copper announcement of several new copper metals that have been found in larger converting technology compared to mine projects in the southwestern U.S. quantities in copper ore mined and smelters use batch copper converting indicates that primary copper smelted in the U.S. are lead and arsenic. technology. These differences allow a production will be increasing in the Lesser quantities of antimony, smelter using flash copper converting foreseeable future. For example, three beryllium, cadmium, chromium, cobalt, technology to have inherently lower copper mine projects currently are manganese, mercury, nickel, and potential HAP emissions than a smelter planned for development in selenium have also been detected. As

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previously mentioned, the primary new source to achieve a facility input- calculate and record the daily average copper smelting area source category based emission rate for total PM no pounds of total PM per ton of copper was listed for regulation under CAA greater than a daily (24-hour) average of concentrate feed charged to the smelting sections 112(c)(3) and 112(k)(3)(B) due 0.6 pounds per ton (lb/ton) of copper furnace. A monthly summary report of to emissions of the urban HAP arsenic, concentrate feed charged to the smelting the daily averages of PM per ton of cadmium, chromium, nickel, and lead. vessel. copper concentrate feed charged to the HAP metals in the copper ore are The proposed NESHAP also require a smelting vessel also would be required. released into the atmosphere in the form secondary gas system for each smelting All notification, monitoring, testing, of PM during certain high temperature vessel and converting vessel that operation and maintenance, operations. The composition and collects the gases and fumes released recordkeeping, and reporting quantity of the potential HAP emissions during the molten material transfer requirements of the part 63 General from a given smelter are directly related operations and conveys the collected Provisions would apply to the owner or to the level of metal impurities in the gas stream to a control device. Capture operator of a new source. copper concentrate processed at the systems that collect gas and fumes and D. What is our rationale for selecting the smelter. convey them to a control device also would be required for operations in the proposed standards for area sources? C. What are the proposed requirements anode refining and casting department. 1. Selection of Pollutants for area sources? 3. Compliance Requirements The HAP emissions from primary 1. Applicability and Compliance Dates For existing area sources, we are copper smelters originate primarily from The proposed NESHAP applies to proposing to apply the testing, metal impurities that naturally occur in each new or existing primary copper monitoring, recordkeeping, and copper ore concentrates. During the smelter that is an area source of HAP. reporting requirements for PM smelting process and the subsequent Because the one existing area source is emissions currently applicable to the converting process to produce blister already operating subject to PM control only existing area source smelter. copper, these HAP metal species either requirements that are the same as those Compliance with the proposed are eliminated in the molten slag tapped in this proposed NESHAP, we are emissions limit for existing area sources from the process vessels or are proposing that an existing affected would be based on the daily average PM vaporized and discharged in the off- source comply by [DATE OF emissions measured by a PM CEMS. gases vented from the vessels. HAP PUBLICATION OF THE FINAL RULE The owner or operator would submit metals may also be emitted from other IN THE Federal Register]. A new reports of deviations within two weeks processes that contain molten materials, affected source would be required to of the date the deviation occurred, such as anode refining and the casting comply by [DATE OF PUBLICATION monthly summaries of monitoring data, operation. Upon cooling of the process OF THE FINAL RULE IN THE Federal and semiannual monitoring reports. We off-gas, the volatilized HAP metal Register] or upon initial startup, are also proposing that the owner or species condense, form aerosols, and whichever is later. operator comply with the requirements behave as PM. The composition and amounts of 2. Emissions Limits and Work Practice in 40 CFR 63.6(e)(3) for SSM plans and reports. metal HAP in the copper ore Standards The owner or operator of an existing concentrates can vary from one smelter The owner or operator of an existing area source would be required to to another, as well as over time at area source would be required to control comply with notification requirements individual smelters depending on the HAP emissions from copper concentrate in 40 CFR 63.9 of the General Provisions ore deposit from which the copper ore drying, copper concentrate smelting, (40 CFR part 63, subpart A). In the concentrate is obtained. This inherent copper matte drying and grinding, notification of compliance status variability and unpredictability of the copper matte converting, and copper required in 40 CFR 63.9(h), the owner metal HAP compositions and amounts anode refining and casting operations. or operator would be allowed to certify in copper ore concentrates have a The proposed NESHAP requires that initial compliance with the proposed material effect on the composition and gases and fumes generated by these emissions limit based on monitoring amount of HAP metals in the process processes be captured and vented data collected during the previous off-gas emissions at the smelter. As a through one or more PM control month. The owner or operator would result, establishing individual devices. Total PM emissions from the also certify initial compliance with the numerical emissions limits for each captured gas streams from all of these work practice standards. HAP metal species is difficult given the processes would be limited on a The owner or operator of a new level of uncertainty about the individual smelter-wide basis to no greater than primary copper smelter would be metal HAP compositions of the copper 89.5 pounds per hour (lb/hr) as required to install, operate, and ores processed at a smelter. determined on a 24-hour average basis. maintain a CEMS to measure and record An emissions characteristic common Similarly, the owner or operator of a PM concentrations and gas stream flow to all smelters and similar source new area source would be required to rates for each emissions source subject categories is that metal HAP are a control HAP emissions from all primary to the emissions limit. The proposed component of the PM contained in the copper smelting processes, including NESHAP requires that the PM CEMS process off-gas discharged from but not limited to those processes meet EPA Performance Specification 11 smelting, converting, anode refining, mentioned above that are applicable to (40 CFR part 60, appendix B). A device and casting operations. Emissions limits the new sources’s smelter design. The to measure and record the weight of the established to achieve control of PM proposed standard requires that gases copper concentrate feed charged to the will also achieve control of metal HAP and fumes generated by these processes smelting furnace each day also would be other than mercury. Consequently, we at a new source be captured and vented required. The owner or operator would chose to use PM as a surrogate for the through one or more PM control be required to continuously monitor PM urban HAP, which are metal HAP, in devices. However, instead of the 89.5 lb/ emissions, determine and record the establishing emissions limits. This hr emissions limit, we would require a daily (24-hour) value for each day, and approach is consistent with the

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approach we used for the emissions sampler are used to calculate the 24- 3. Selection of Proposed Compliance limits established in the NESHAP for hour average for each day of the month Requirements primary copper smelters in 40 CFR part with a summary of the 24-hour averages For existing area sources, we are 63, subpart QQQ. reported to the State each month for the proposing to adopt the testing, previous month. 2. Selection of Proposed Standards monitoring, recordkeeping, and PM and metal HAP emissions are reporting requirements for PM We are aware of only one existing effectively controlled at this existing primary copper smelter that is an area emissions currently applicable to the area source by its compliance with the only existing area source smelter. We source. This smelter was built in the facility-wide emissions limit and work mid-1990’s and uses flash copper reviewed these requirements as practice standards mentioned above, specified in the source’s title V permit converting technology. The smelter was which are requirements in its title V originally designed to use the most and concluded that these requirements permit. Although these requirements in are sufficient to ensure compliance with advanced controls that were available at certain aspects are specific to this that time to achieve emissions the proposed facility-wide emissions facility, we think it is appropriate to limit and work practice standards. reductions that met or exceeded levels adopt these requirements as the required to comply with the existing These requirements include a PM standards for existing sources of CEMS, reports of deviations, monthly State and Federal requirements to primary copper production because this control PM emissions. Extensive summaries of monitoring data, and is the only existing area source in this semiannual monitoring reports. emissions controls and work practices source category. are used for all process and fugitive PM For new area sources, we would apply We are not certain that a new smelter emissions sources at this smelter to the notification, testing, monitoring, would use flash copper converting control PM and therefore metal HAP operation and maintenance, technology, and if it did, that it would emissions. recordkeeping, and reporting The existing area source smelter be in the configuration installed at the requirements in the General Provisions operates emissions control systems that existing smelter. A new smelter may use (40 CFR part 63, subpart A). The capture and control off-gases from the one of the other commercially available General Provisions (40 CFR part 63, copper concentrate drying, smelting, continuous smelting and converting subpart A) are necessary for effective converting, and anode refining and technologies that are based on bath application of the standard for new area casting operations. All process gases smelting technology or an innovative sources and are therefore incorporated from these copper smelting operations new continuous copper smelting and into the proposed rule. These are routed to control devices (for many converting process that is not yet in requirements are sufficient to ensure sources, a series of control devices) that commercial operation. compliance with the proposed achieve high-efficiency removal of PM Because a new primary copper emissions limit and work practice and metal HAP from the gas stream smelter may use a distinctly different standards. before being discharged through a single converting technology from the flash Because permit information for the main stack. Also included in the copper converting technology, the existing facility does not identify combined gas stream vented through format of the emissions limit we are requirements for an SSM plan, we are this main stack are captured gases and proposing to adopt as an existing source proposing that the owner or operator of fumes from the smelting and converting requirement is not appropriate for a new an existing or new area source be furnaces’ tapping ports and launders source. For reasons set forth below, we required to comply with the SSM and from the matte drying and grinding believe that an input-based emissions requirements in 40 CFR 63.6(e)(3). operations. limit is appropriate for new sources. Section 63.6(e)(3)(ix) of the General The work practices described above to Emissions limits based on production Provisions requires that the title V control PM and metal HAP emissions levels can be input-based (i.e., based on permit for a source include provisions are requirements in this area source raw materials consumed in making a for an SSM plan. According to Section smelter’s current title V permit. The product) or output-based (i.e., based on 63.6(e)(3)(ix), the permit may fulfill this smelter’s ability to demonstrate amount of product made). Because the requirement by citing the relevant compliance with these requirements on composition and quantity of the paragraphs of 40 CFR 63.6(e). Revisions a long-term basis indicates that the potential metal HAP emissions from a made to the plan do not constitute facility owner has the technical and given smelter are directly related to the permit revisions and the elements of the economic capabilities to implement level of metal impurities in the copper plan are not applicable requirements these requirements, which are highly concentrate, we decided that an input- under 40 CFR 70.2 and 71.2. effective in controlling PM and metal based emissions limit would be V. Proposed NESHAP for Secondary HAP emissions. Therefore, we conclude appropriate for new sources. Using the Copper Smelting Area Sources that these requirements reflect GACT for nominal design feed charge rate for the primary copper area source smelters. smelting furnace, we calculated that the A. What source category is affected by The source has a total PM emissions 89.5 lb/hr PM emissions limit for the the proposed NESHAP? limit for the main stack gases. This primary copper smelter would facility-wide PM emissions limit for the correspond to an input-based PM 1. Source Category Description smelter process off-gases is based on the emissions limit of 0.6 lb/ton of copper A significant amount of copper metal operating practices and the emissions concentrate feed. We are proposing that consumed in the U.S. has been control system configurations used at compliance with this emissions limit be produced historically by remelting, this area source smelter. The maximum determined on a daily basis. Because smelting, and refining scrap materials allowable PM emissions level for the this input-based emissions limit is containing copper. These scrap smelter as measured at the main stack derived from the 89.5 lb/hr daily materials can be recycled post-industrial is 89.5 lb/hr based on a 24-hour average. average emissions limit, it would ensure wastes, such as copper trimmings from A continuous sampling system that that emissions from a new source are manufacturing processes or post- measures PM is installed in the main limited at a level equivalent to the consumer wastes such as recovered old stack. Results from this continuous emissions limit for the existing source. consumer products containing copper.

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Copper metal produced from copper Facilities that process copper scrap cadmium, lead and dioxin. For several scrap is referred to as ‘‘secondary can be classified into three general national emission standards, EPA has copper.’’ categories: smelters, ingot makers, and defined source categories and There is a variety of types of copper remelters. The listing of this source applicability based on the types of scrap with varying copper contents. category included only secondary processes in place rather than defining High-quality unalloyed copper scrap copper smelters, which are the subject applicability in terms of the broad often contains more than 99 percent of this proposed NESHAP. Secondary definition of an SIC code. In this case, copper and is remelted directly. Other copper smelters process copper scrap in ingot makers and other producers of types of copper scrap have lower copper a blast furnace and converter or use certain secondary nonferrous metals contents and must be processed before another pyrometallurgical purification (other than secondary copper smelters they can be reused in manufacturing process to produce anode copper from as defined in this proposed rule) are not copper products. Types of copper scrap copper scrap, including low grade included in the secondary copper with lower copper contents include copper scrap. The distinguishing smelting area source category. features of secondary copper smelters scrap from copper alloys (e.g., brass and 2. Existing Sources bronze scrap) and industrial residuals are the type of pyrometallurgical that contain copper (e.g., skimmings, process used and the final product, The secondary copper smelting plants ashes, refining slag, flue dusts). The which is anode copper. Most U.S. that served as the basis for emissions prices paid for copper scrap materials copper smelters charged low grade estimates for the secondary copper depend on the commodity price for copper scrap along with fluxes into a smelting area source category were refined copper and the type of scrap. In cupola blast furnace followed by Gaston Recycling Industries (Gaston, general, prices for scrap copper track additional purification in copper South Carolina), Franklin Smelting and refined copper price trends with higher converters. One facility processed low- Refining (Philadelphia, Pennsylvania), prices being paid for copper scrap grade copper scrap using a combined Cerro Copper Products (Sauget, Illinois), categories with higher copper purity. smelting and converting process Southwire Company (Carrollton, Copper scrap referred to as old scrap conducted in a top blown rotary Illinois), and Chemetco, Inc. (Hartford, converter. All of these plants fire refined Illinois). All of these plants have shut is obtained from used, worn out, or 3 obsolete copper products that are the copper to produce anode copper. down, and no similar secondary copper Secondary copper smelters may have recycled or recovered. This scrap is smelters have been constructed. There on-site pretreatment processes to clean obtained by collecting discarded, are also no existing major source and consolidate the copper scrap in dismantled or obsolete copper- secondary copper smelters. preparation for smelting. Concentrating containing products at the end of their Secondary copper smelting was once can be performed either manually or service lives. Another source of old mechanically and can include sorting, a thriving industrial sector in the U.S. scrap is copper building materials stripping, shredding, and magnetic with smelters operating in many regions salvaged from demolition sites. separation. The scrap can be further of the country. However, the last of the Examples of old scrap include recycled refined using sweating, insulation smelters closed in the late 1990’s and electrical cable and wiring, copper burning, drying, flotation, and leaching. early 2000’s during a period of plumbing pipes from building The type of pretreatment processes used depressed prices for refined copper, demolitions, windings from worn depends on the type and source of the increased production costs, and other electric motors, salvaged automobile copper scrap. site-specific factors. In addition, scrap radiators, dismantled printed circuit A similarity with primary copper copper collected in the U.S. was boards, obsolete telephone switching producers is that the molten copper is increasingly exported to China and gear, recovered ammunition casings, transferred from the converting vessel to other countries with little or no and copper-based spent catalysts. In an anode furnace for additional fire processing, which increased the prices general, the copper content of old scrap refining to further remove residual U.S. secondary copper smelters paid for ranges from less than 30 to more than impurities and oxygen. The molten scrap copper. The last U.S. secondary 98 percent copper depending on the copper from the anode furnace is copper smelter (Chemetco) closed in source. Old scrap typically requires poured into molds to produce solid 2001. Our information indicates that some pre-treatment, such as cleaning copper called anodes. The anode copper equipment and operations for secondary and consolidation, in preparation for is sent to a copper refinery, either on- copper production at these previously smelting. site or at another location, where it is operating smelters have all been The other major category of copper further purified using an electrolytic dismantled. Therefore, there is not any, scrap, referred to as new scrap, is scrap process to obtain the high-purity copper nor would there ever be, an existing generated during manufacturing that is used for manufacturing products. source secondary copper smelter that processes and from other copper Secondary copper smelters are part of would be subject to the proposed rule. materials that have never entered the the broad standard industrial 3. New Sources consumer markets. Examples of new classification (SIC) code 3341 scrap include machining turnings, (secondary nonferrous metals), which While there are no existing secondary stampings, and cuttings from also includes copper, brass, and bronze copper smelters in the U.S., secondary manufacturing processes, as well as ingot makers as well as producers of copper smelters are operating in several defective products pulled prior to several other secondary nonferrous other countries. Secondary copper shipment. New scrap can often be metals. The area source category listing smelting technologies currently being recycled directly with little or no of secondary copper smelting, a small developed and utilized are significantly pretreatment. New scrap may be subset of SIC 3341, was based on the different from the processes once used collected and sold to third-party contribution of secondary copper at U.S. smelters. These new secondary copper processors or may be smelters to emissions of the urban HAP technologies provide better control of recycled directly within the air emissions and produce inherently manufacturing facility that generates the 3 There are no existing secondary copper smelters lower HAP emission levels because they copper scrap. as defined in the proposed rule. do not have many of the fugitive

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emissions points associated with the copper smelter are directly related to the operator would submit a monitoring older smelting technologies. level of HAP metals in the copper scrap plan to the permitting authority for Record-high commodity prices for material processed. approval. The monitoring plan would refined copper are motivating Secondary copper smelters were also include performance test results companies to expand primary copper listed for emissions of the urban HAP showing compliance with the PM production capacity in the U.S. If the dioxin. Dioxins may form when emission limit, a plan for operation and rebound in refined copper commodity chlorinated plastics in the scrap are maintenance of the control device, a list prices is stimulating the development of heated to high temperatures in smelting of operating parameters that will be primary copper production, it is furnaces. monitored, and operating parameter possible that these higher copper prices In EPA’s March 2005 Dioxin limits that were established during the will also encourage the return of the Reassessment (available at http:// performance test. secondary copper smelting industry to www.epa.gov/ncea/pdfs/dioxin/2k- The owner or operator would conduct the U.S. New secondary copper smelting update/), secondary copper smelters a performance test to demonstrate initial operations could be built by were identified as contributors to the compliance with the PM emissions limit independent companies to produce U.S. inventory of dioxin emissions in and report the results in the notification refined copper for sale or by companies 1995 when three secondary copper of compliance status required by 40 CFR that use copper as a raw material in smelters were operating. Secondary 63.9(h) of the General Provisions. The their manufacturing processes (e.g., copper smelters have a high potential PM concentration would be determined electrical wire and cable for dioxin emissions because of the using EPA Method 5 (for negative manufacturers). abundance of chlorinated plastics in the pressure baghouses) or Method 5D (for The average price spread between copper scrap that is used as feed positive pressure baghouses) in 40 CFR refined copper and copper scrap has material. part 60, appendix A. Repeat returned to the levels in the mid-1990’s performance tests would be required during which secondary copper C. What are the proposed requirements every 5 years to demonstrate smelters operated profitably in the U.S. for area sources? compliance with the PM emissions The price spread levels that supported 1. Applicability and Compliance Dates limit. All requirements of the part 63 the U.S. secondary copper smelting General Provisions would apply to the The proposed NESHAP apply to each industry in the past might have changed owner or operator of a new source. in the late 1990’s because of new cost new secondary copper smelter that is an considerations such as more stringent area source of HAP. A new affected D. What is our rationale for selecting the pollution abatement requirements, source would be required to comply by proposed standards for area sources? [DATE OF PUBLICATION OF THE increased competition for the U.S. scrap 1. Selection of Proposed Standards copper supply by foreign smelters, and FINAL RULE IN THE Federal Register] other factors. Based on the information or upon initial startup, whichever is As discussed above, there is not and we have collected, however, we later. will never be any existing area source conclude that the economic conditions secondary copper smelter. Copper 2. Emission Limit and Work Practice production processes at all of the for secondary copper smelters are more Standards favorable today than they were in the previously existing secondary copper late 1990’s and early 2000’s when the We are proposing that any new smelters have been dismantled. last U.S. smelters closed. Therefore, it is secondary copper smelter apply a Construction or reconstruction would be possible that the industry will reemerge capture and control system for PM necessary should there be an attempt to in the U.S. emissions to any process operation that restart secondary copper production at melts copper scrap, alloys, or other any of these facilities. Currently there is B. What HAP are emitted from metals or that processes molten not any such construction or secondary copper smelters? material. Emissions of PM from the reconstruction at these facilities, and Copper scrap that is collected and control device must not exceed 0.002 construction or reconstruction that reprocessed may contain HAP metals, grains per dry standard cubic feet (gr/ occurs after this proposal would qualify including the urban HAP metals dscf). The owner or operator must also the operation as a new source. Because cadmium and lead, for which secondary prepare and follow a written plan for there is not, nor will there ever be, any copper smelters are listed for regulation the selection, inspection, and existing area source secondary copper under CAA sections 112(c)(3) and pretreatment of copper scrap to smelter, a standard for existing area 112(k)(3)(B). HAP metals occur in the minimize, to the extent practicable, the sources of secondary copper smelters scrap as a result of other metals used in amount of oil and plastics in the scrap would never have any application. We conjunction with copper for certain that is charged to smelting or melting do not believe that Congress intended industrial and consumer applications, furnaces. that we issue regulations that will not such as the use of lead solders for have any application. Therefore, we are 3. Compliance Requirements assembling copper plumbing pipes. not proposing standards for existing Metal HAP can be released into the Fabric filters (baghouses) are expected area sources of secondary copper atmosphere in the form of PM during to be needed to meet the proposed smelters. certain high-temperature copper scrap emission limit. Consequently, we are In the 1990 Amendments to the CAA, smelting operations. proposing monitoring requirements that Congress directed EPA to identify 30 As with metal HAP emissions from include bag leak detection systems HAP that present the greatest threat to primary copper smelters (see section when baghouses are used. The owner or public health in the largest number of IV.B of this preamble), the presence and operator would keep records to urban areas (urban HAP). (See sections concentrations of specific HAP metals document conformance with 112(c)(3) and 112(k)(3)(B) of the CAA.) in a copper scrap material vary requirements in the written plan for the The 1990 Amendments also directed depending on the material source. selection, inspection, and pretreatment EPA to list sufficient area source Consequently, the potential HAP of copper scrap. If a control device other categories to account for 90 percent or emissions from a given secondary than a baghouse is used, the owner or more of the emissions of each urban

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HAP and to address the urban HAP secondary copper smelter (as defined for VI. Proposed NESHAP for Primary emissions from the listed sources this source category) shut down several Nonferrous Metals—Zinc, Cadmium, through regulation. Secondary copper years ago, and new secondary copper and Beryllium Area Sources smelting area sources contributed to facilities are not likely to use the older A. What area source category is affected emissions of the urban HAP dioxin, technology that would subject them to by the proposed NESHAP? cadmium and lead; therefore, their this proposed rule. However, we are urban HAP emissions are among those requesting comment on whether the The Primary Nonferrous Metals-Zinc, Cadmium, and Beryllium source that EPA is directed to address. proposed standard for new sources is category includes establishments Pursuant to this statutory obligation, we accurate representation of GACT for primarily engaged in smelting and have studied this area source category new sources. and have concluded that emissions of refining of three nonferrous metals— dioxin, cadmium and lead from these The United Nations Environment zinc, cadmium, and beryllium. There sources have been eliminated and Programme has published guidelines on are only two primary zinc smelters that therefore adequately addressed by the best available techniques to reduce are currently operating in the U.S., and shutdown of these facilities. dioxin emissions from metallurgical both are area sources. One of the processes, including secondary copper smelters is subject to the NSPS for However, we are proposing standards smelting available at http:// primary zinc smelters (40 CFR part 60, for new sources to ensure that any subpart Q), which applies to SO potential emissions of these urban HAP www.pops.int/documents/ 2 _ _ emissions from roasters and PM from future secondary copper smelting batbep advance/intersessional work/ default.htm. One of the pollution emissions from sintering machines. area sources will be appropriately Both facilities have title V operating controlled. For new secondary copper prevention measures is pre-sorting of feed materials (scrap) to reduce the permits including requirements for the smelters, we reviewed technologies that control of PM and SO . have been applied to similar scrap presence of oils, plastics, and chlorine. 2 Other pollution prevention methods There are no cadmium smelters in the melting processes in the U.S. For U.S., and we do not expect any to be include thermal de-coating and de- example, almost all electric arc furnaces built in the future. Cadmium minerals oiling, milling and grinding with at steel mills that melt and recycle iron are not found alone in commercially density or pneumatic separation, and and steel scrap are controlled by viable deposits. Instead, cadmium is baghouses, several are subject to a PM stripping cable insulation. Emission produced as a by-product of zinc limit of 0.002 gr/dscf or less, and over control devices include fume collection smelting processes. Only one of the two 90 percent of the PM test data collected with high efficiency PM removal (such U.S. primary zinc smelters produces for the entire industry show that PM as fabric filters). The stringent proposed cadmium as a by-product; the other emissions are less than 0.002 gr/dscf. In PM emissions limit (0.002 gr/dscf) plant shutdown and dismantled their addition, baghouses were identified as would ensure that high efficiency cadmium recovery process equipment. the most effective PM control device control devices for PM would be used. All new and existing primary used for emissions from cupolas (the We selected the pollution prevention beryllium production facilities are same type of furnace as that used at measures and the PM emissions limit as subject to the National Emissions secondary copper smelters) that melt GACT for dioxin emissions from new Standard for Beryllium at 40 CFR part metal scrap at iron and steel foundries. secondary copper smelters. The owner 61, subpart C. Recent data indicate that The NESHAP for iron and steel or operator of any new smelter must there are no primary beryllium foundries (40 CFR part 63, subpart develop and implement a written plan production facilities (major or area EEEEE) established a PM limit of 0.002 for the selection, inspection, and sources) currently operating in the U.S. gr/dscf for new cupolas that melt metal pretreatment of copper scrap to The last U.S. beryllium production scrap. We chose to apply a PM limit of minimize, to the extent practicable, the facility, which was a major source due 0.002 gr/dscf as GACT to all melting amount of oil and plastics in the scrap to emissions of tetrachloroethylene, furnaces and other furnaces that process that is charged to the smelting furnace. shutdown all primary beryllium molten metal at a new secondary copper This is accomplished by preparing and operations at its manufacturing plant in smelter. This limit has been following a scrap management plan, June 2000. In the event that this plant demonstrated as achievable by both new training scrap inspectors, and keeping restarts the primary beryllium and existing similar furnaces that records to show the plan is production operation, the plant would process metal scrap, and it represents implemented. probably continue to be a major source the level of performance provided by rather than an area source due to the recommended technology for PM in 2. Selection of Proposed Compliance tetrachloroethylene emissions. this application (i.e., a baghouse). The Requirements GACT determination for new sources is B. What is primary zinc production and also consistent with the United Nations We are proposing to base the what HAP are emitted? Environment Programme’s guidelines compliance requirements on the testing, Primary zinc smelters process zinc on performance standards for new monitoring, operation and maintenance, sulfide ore concentrates to produce secondary copper smelters (available at recordkeeping, and reporting metallic zinc or zinc oxide. Primary zinc http://www.pops.int/documents/ requirements in the General Provisions production facilities also process zinc batbep_advance/intersessional_work/ (40 CFR part 63, subpart A). The scrap and zinc oxide materials, and default.htm.) The guidelines General Provisions are necessary for although these may be considered recommend high efficiency PM removal effective application of the standard for secondary zinc processes, they are part systems (such as fabric filters or new area sources and are therefore of this area source category when they baghouses) and state that such systems incorporated into the proposed rule. are located at the primary zinc should achieve a PM level of 5 These requirements are sufficient to production facility. The two U.S. milligrams per cubic meter (0.002 gr/ ensure compliance with the proposed primary zinc producers process zinc dscf) for new secondary copper emissions limit and work practice sulfide ore concentrate by smelting the smelters. As discussed earlier, the last standards. ore in a roaster to produce impure zinc

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oxide (calcine) followed by nonferrous area source category was recordkeeping, and reporting hydrometallurgical reduction processes listed for regulation under CAA sections requirements already applicable to the that include leaching, purification, and 112(c)(3) and 112(k)(3)(B) due to two existing facilities that relate to PM electrolysis to produce metallic zinc. emissions of all of these HAP except for emissions control. The owner or During roasting, most of the sulfur in mercury. operator of an existing area source the ore concentrate is removed as SO . 2 C. What are the proposed requirements would monitor baghouse pressure drop, The roaster off-gases containing PM and for primary zinc production area perform routine baghouse maintenance, SO are processed through a series of 2 sources? and keep records to document gas cleaning devices to remove the PM compliance. In addition, we are (cyclones, electrostatic precipitators, 1. Applicability and Compliance Dates proposing to require repeat performance and venturi scrubbers), and the cleaned The proposed NESHAP applies to the tests (at least once every 5 years) for gas is routed to a sulfuric acid plant owner or operator of a new or existing existing sources. The proposed NESHAP where the SO2 is converted to sulfuric primary zinc production facility that is also would require a continuous opacity acid. Any HAP metals that volatilize an area source of HAP emissions. monitoring system (COMS) for any during the roasting process are removed Because the two existing sources are sintering machine in accordance with by the PM control equipment prior to already operating subject to PM control 40 CFR 60.175. the acid plant. The PM removal requirements that are the same as those The owner or operator of an existing equipment is an important and inherent in the proposed NESHAP, we are area source would be required to part of the production process because proposing that an existing affected comply with initial notification the PM must be removed before the gas source comply by [DATE OF requirements in 40 CFR 63.9 of the is processed in the acid plant (e.g., to PUBLICATION OF THE FINAL RULE General Provisions. In the notification of protect and maintain the catalyst in the IN THE Federal Register]. A new compliance status required by 40 CFR acid plant). affected source would be required to 63.9(h), the owner or operator would be In the electrolytic deposition process, comply by [DATE OF PUBLICATION allowed to certify initial compliance the desulfurized calcine from the roaster OF THE FINAL RULE IN THE Federal with the proposed HAP emissions limits is first processed through a series of Register] or upon initial startup, based on the results of a PM leaching and purification operations to whichever is later. performance test for each of the dissolve the zinc oxide into an regulated emissions sources conducted 2. Emissions Limits and Work Practice electrolyte solution. The solution is within the past 5 years. The owner or Standards poured into cells where metallic zinc is operator would also certify initial recovered in a batch operation by We are proposing a work practice compliance with the work practice passing current through the electrolyte standard for roasters at new and existing standards. solution causing zinc to deposit on an sources. The proposed NESHAP If an existing source has not aluminum cathode. requires the owner or operator to conducted a performance test to During the acid leaching step, exhaust roaster off-gases to PM removal cadmium is precipitated from the demonstrate compliance with the equipment and a sulfuric acid plant. emissions limits for a furnace, the solution by adding zinc dust. The Bypassing the sulfuric acid plant during cadmium precipitate is filtered and proposed NESHAP requires that the charging of the roaster would be facility conduct a test according to the formed into a cake. The cake may be prohibited. sold as a recyclable product or further requirements at 40 CFR 63.7 using EPA Emissions limits are proposed for the Method 5 (40 CFR part 60, appendix A) purified and cadmium metal recovered different types of melting furnaces at to determine the PM concentration or an using an electrolytic process similar to primary zinc production facilities. For alternative method previously approved that used for zinc. Recovered cadmium existing sources, we are proposing PM by the permitting authority. For a may be melted in a furnace and poured limits of 0.93 lb/hr for zinc cathode sintering machine, the owner or into casting molds. Molten cadmium melting furnaces; 0.1 lb/hr for furnaces operator would conduct a performance can also be charged to a second that melt zinc dust, chips, and off- test according to the procedures in 40 oxidizing furnace that converts specification zinc materials; and 0.228 CFR 60.176(b) using EPA Method 5 to cadmium metal into cadmium oxide. lb/hr for the combined exhaust from determine the PM concentration and Although HAP metals are present in furnaces that melt zinc scrap and alloys. EPA Method 9 (40 CFR part 60, the PM from the roaster’s exhaust, the For new sources, we are proposing a PM roaster is not a significant source of limit of 0.005 gr/dscf for the furnaces appendix B) to determine the opacity of HAP metal emissions because of the mentioned above. In addition, we are emissions. extensive cleaning of the gas to remove proposing limits of 0.014 gr/dscf for As required in the existing permits, PM prior to the acid plant. Melting anode casting furnaces and 0.015 gr/dscf the owner or operator would be required furnaces also generate metal HAP for cadmium melting furnaces at new to submit a notification to the emissions and PM emissions because of and existing sources. permitting authority of any deviation the high temperatures used to heat the Emissions limits also are proposed for from the requirements of the NESHAP. materials. These furnaces are used to any sintering machine at a new or The notification must describe the melt the pure zinc from electrolysis, existing area source facility. If there is probable cause of the deviation and any alloys, and zinc scrap and dust for a sintering machine, the proposed corrective actions or preventative recycling. Both plants use baghouses to NESHAP requires the owner or operator measures taken. Existing facilities control PM and HAP metal emissions to comply with the PM limit at 40 CFR would also submit semiannual from the various melting furnaces. The 60.172 and the opacity limit at 40 CFR monitoring reports which clearly HAP metals that have been reported 60.174(a) of the NSPS for primary zinc describe any deviations. Records of all from primary zinc production include smelters (40 CFR part 60, subpart Q). required monitoring data and support arsenic, cadmium, lead, manganese, information also would be required. The mercury, and nickel, all of which are 3. Proposed Compliance Requirements owner or operator of an existing area identified by EPA as urban HAP. As We are proposing to adopt for existing source would also be required to previously mentioned, the primary area sources certain monitoring, comply with the requirements in 40

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CFR 63.6(e)(3) of the General Provisions three types of emissions sources: the conditioning technologies to remove PM for SSM plans and reports. roasting of the zinc sulfide ore; the use and metal HAP prior to the roaster off- The owner or operator of a new area of furnaces to melt zinc, materials gases entering the catalytic conversion source would be required to install and containing zinc (e.g., dust, scrap), beds. Because neither facility’s permit operate a bag leak detection system for alloys, and cadmium; and the operation contains non-sulfuric acid PM limits each baghouse used to comply with a of sintering machines. The high and because we have no PM emissions PM emissions limit. In addition, we are temperatures inherent in the roasters, test data, we determined that a work proposing to require repeat PM melting furnaces, and sintering practice standard was appropriate for performance tests (once every 5 years) machines are sufficient to temporarily the control of roaster off-gases. The for each furnace at a new source. The volatize metals that can then become work practice standard requires the owner or operator would also be entrained in the exhaust gases from the roaster’s off-gases be exhausted to PM required to install, operate, and process. The other major processes removal equipment and a sulfuric acid maintain a COMS for each sintering performed at primary zinc production plant, thus ensuring a consistently high machine according to EPA Performance facilities include leaching, purification, level of metal HAP control for the off- Specification 1 (40 CFR part 60, and electrowinning. These are wet gases. In light of the effective control of appendix B). processes and are not considered to be PM and metal HAP at these two existing The owner or operator of a new sources of metal HAP emissions. facilities, we decided that the work affected source would demonstrate Roasters. The proposed rule requires practice standard currently being initial compliance with the applicable that metal HAP generated by roasters implemented at these facilities emissions limits by conducting a under high temperatures be removed represents GACT for existing and new performance test according to the with PM in the off-gases. The off-gases area sources of primary zinc production. requirements at 40 CFR 63.7 and using from roasters would be controlled by We are not proposing emissions limits EPA 5 or 5D (40 CFR part 60, appendix removing PM and HAP metals in the for HAP metals or PM in the tail gases A), as applicable, to determine the PM form of PM in a series of PM removal from the sulfuric acid plants because we concentration. An initial performance devices, and then the SO2-rich off-gases do not believe such limits are necessary. test would also be required for a would be exhausted to a sulfuric acid The vast majority of PM exiting with the sintering machine according to the plant. These controls, including a tail gas is sulfuric acid mist, which is methods and procedures in 40 CFR sulfuric acid plant, have been installed not a HAP. Because rigorous treatment 60.176(b). All of the testing, monitoring, at the two existing sources to comply of the roaster off-gases to remove PM operation and maintenance, with the National Ambient Air Quality and metal HAP is a necessary operating recordkeeping, and reporting Standards for SO2, as well as the NSPS condition for the sulfuric acid plant, requirements of the part 63 General for primary zinc smelters (40 CFR part requiring that cleaned gases be vented to Provisions would apply to a new area 60, subpart Q) for one source. a sulfuric acid plant ensures that source. While the sulfuric acid plants were emissions of HAP metals are either originally installed to recover sulfuric nonexistent or limited to trace amounts. D. What is our rationale for selecting the acid as a by-product and to control SO2 Furnaces. Potential sources of metal proposed standards for primary zinc emissions, the inherent design and HAP emissions at primary zinc production area sources? operating requirements of these plants production facilities include a variety of also provide effective control of PM and high temperature furnaces operated for 1. Selection of PM as a Surrogate for metal HAP contained in roaster off- the purpose of melting zinc; cadmium; Metal HAP gases. The sulfuric acid production zinc scrap, dust, or chips; alloying Because the types and quantities of process involves the catalytic metals; and producing anodes used in metal HAP vary in zinc ore, it is not conversion of the SO2 contained in the the electrowinning process. All of the practical to establish individual off-gases to produce liquid sulfuric acid. melting furnaces currently in operation standards for each specific metal HAP To optimize the process performance at the two existing primary zinc listed as an urban HAP that could be and prevent extensive damage to the production facilities control emissions present in zinc ore. Instead, we decided catalysts and other critical process with baghouses, which are highly to establish standards using PM as a equipment, the first step of the process effective in controlling PM and metal surrogate for these urban HAP metal requires that the roaster off-gases be pre- HAP emissions. Baghouses are widely emissions. Controlling PM emissions cleaned and conditioned. These used throughout the metallurgical will also control the metal HAP since operations involve first passing the gas industry to control emissions from these compounds are contained within stream through multiple control devices primary and secondary metal processes. the PM, i.e., they are in the particulate for the removal of PM and to reduce gas Therefore, we conclude that GACT for form as opposed to the gaseous form. stream temperature. By using multiple controlling metal HAP emissions from The available air pollution controls for PM control devices in series the furnaces at primary zinc production the particulate HAP metals are the same (multicyclones, electrostatic facilities is proper operation of a as those used for PM controls at primary precipitators, and venturi scrubbers) to baghouse. We believe that the emissions zinc production plants. These controls treat roaster exhaust gases before limits for these furnaces that we are capture particulate HAP metals non- entering the sulfuric acid plant, very proposing to adopt reflect the level of preferentially along with other PM, thus high overall PM and metal HAP removal emissions control that can be achieved making PM a reasonable surrogate for efficiencies are achieved. Consequently, by well-operated and well-maintained these HAP metals. We have used this there is little or no PM or metal HAP baghouses. approach in several other NESHAP in emitted in the tail gas from the sulfuric The two existing primary zinc which PM was determined to be a acid plant. The primary constituent of production facilities currently hold title surrogate for the HAP metals in the PM. the final tail gas from the acid plant is V operating permits issued by their sulfuric acid mist, which is not a HAP. respective State permitting agencies; 2. Selection of Proposed Standards Both of the existing primary zinc both permits contain PM emissions The release of metal HAP from production facilities treat their roaster limits for all furnace operations. We primary zinc production occurs from off-gases using multiple control and determined that the PM emissions limits

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applicable to these emissions sources For new sources, it is not practical to this case, it can be achieved by properly are consistent with the expected prescribe an emissions limit in lb/hr designed and operated baghouses. performance of such operations because we do not know what the size Only one primary zinc production controlled by well-operated and and configuration of the process will be. facility recovers cadmium and operates maintained baghouses. The PM One of the primary zinc facilities has a a cadmium melting furnace. The other emissions limits vary somewhat among concentration limit of 0.005 gr/dscf for facility has stopped cadmium furnace operations, which is indicative the zinc cathode melting furnace that is production and dismantled the of differences in processes associated applied in combination with their lb/hr equipment. Emissions from the one with the function of each furnace rather PM emissions limit. This concentration cadmium melting furnace are controlled than any real difference in performance limit has been met by baghouses in by a baghouse, which is subject to a PM of the baghouse control devices. many similar applications at existing limit of 0.015 gr/dscf. Similarly, only Therefore, we decided that the PM sources, such as electric arc furnaces at one facility operates an anode casting emissions limits in the operating steel plants (most are subject to a limit furnace, and this furnace is controlled permits represent the performance of 0.0052 gr/dscf), iron and steel by a baghouse and subject to a PM capabilities of baghouses at existing foundries, and other metal processing emissions limit of 0.014 gr/dscf. affected sources. Because baghouse operations. We chose the limit of 0.005 Because PM and metal HAP emissions technology is the best technology that gr/dscf as GACT for new zinc cathode are effectively controlled at these can be applied to these sources, the melting furnaces because it can be furnaces, we are proposing to include as permit limits that apply to the existing achieved by properly designed and the standards for both new and existing furnaces controlled by baghouses also operated baghouses. sources the PM limits of 0.015 gr/dscf represent the performance that can be One of the facilities has a baghouse for cadmium melting furnaces and 0.014 expected at new sources. applied to treat the combined exhaust gr/dscf for anode casting furnaces. We are proposing a PM emissions from electric furnaces used to melt scrap These limits are achievable by using limit of 0.93 lb/hr for zinc cathode zinc and zinc alloys. This baghouse is baghouses, the technology we have melting furnaces at existing facilities. subject to a PM emissions limit of 0.228 identified as GACT for new and existing This emissions limit is the permit limit lb/hr. The other facility operates a sources, and will ensure effective in effect for the zinc cathode melting smaller furnace for melting zinc dust, control for PM and HAP metals. Sintering machine. Although neither furnace at one of the primary zinc zinc chips, and off-specification zinc materials. This furnace is equipped with of the existing primary zinc production production facilities. The other facility a baghouse and is subject to a PM facilities currently operates a sintering has a permit limit for PM of 0.67 lb/hr. emissions limit of 0.1 lb/hr. These machine, it is possible that one could be We selected the 0.93 lb/hr limit because emissions limits will ensure that the installed at a new or existing facility. it is achievable by zinc cathode melting GACT technology (baghouses) or The NSPS for primary zinc production furnaces at both facilities, both facilities equally effective control device will be established a PM emission limit (0.022 use baghouses to reduce PM emissions, used, well-maintained, and well- gr/dscf) for new sintering machines. We and there is very little difference in the operated to control PM and HAP metal continue to believe that this PM magnitude of the PM emissions limits emissions from these furnaces at emissions limit will ensure that HAP for the two plants. The proposed PM existing sources. Therefore, we are metals in the PM emissions from new limit for zinc cathode melting furnaces proposing to adopt these emissions sintering machines will be well at existing facilities will ensure that the limits as the standards for existing controlled. We have no reason to believe baghouses will be operated and sources of primary zinc production. that this limit is infeasible, impractical maintained in a manner that will As with a zinc cathode furnace at a or inappropriate. Therefore, we chose continue to effectively reduce PM new source, it is similarly impractical to this emissions limit as GACT for emissions and metal HAP emissions. prescribe PM emissions limits in lb/hr sintering machines at new and existing We considered trying to develop an for any of the other melting furnaces area sources. emissions limit in a PM concentration because we do not know the size and format, but decided against that configuration of any new process, which 3. Selection of Proposed Compliance approach because concentration limits is necessary information for establishing Requirements were not available for both facilities, such a limit. Further, we have no test The title V permits of the two existing and there was no basis on which to data, nor do the title V permits for area source smelters include general derive a concentration-based limit that existing sources contain limits in recordkeeping and reporting would be appropriate for zinc cathode concentration units that might be requirements for the facility and melting furnaces at both plants. We also applied to these types of melting detailed testing and monitoring considered a limit expressed as lb/ton furnaces for new sources. However, like requirements for PM emissions from the melted in the furnace. However, our zinc cathode melting furnaces, these regulated emissions sources. We review and discussions with plant furnaces are used to melt materials reviewed these requirements and personnel indicated that a short term containing zinc. Thus, the concentration concluded that they are sufficient to melting rate is difficult to determine and of PM emissions is expected to be ensure proper operation and can be subject to significant similar to that from the zinc cathode maintenance of baghouses and inaccuracies. The plants do not weigh melting furnace. Consequently, we are compliance with the proposed work the charge materials, and melting is a proposing to adopt the 0.005 gr/dscf practice standards for existing sources. batch process that involves charging the limit that is required for the zinc For example, both plants monitor furnace, melting, and tapping. Also, the cathode melting furnace at one existing pressure drop to ensure baghouses are furnaces are operated intermittently. All facility as the standard in the proposed operating properly, and there is little of these factors make it difficult to rule for furnaces melting zinc scrap, benefit from retrofitting additional determine an accurate melting rate in alloys, dust, chips, or off-specification monitoring technology to these existing tons per hour for the furnace during a zinc materials at new sources. This limit sources. performance test run that typically lasts has been demonstrated as achievable at We are proposing to require bag leak for one hour. other similar melting processes, and in detection systems to monitor the

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performance of baghouses at new area beryllium, the beryllium hydroxide is subsequently processed into pebbles, sources. These systems can be first dissolved in an ammonia-fluoride vacuum induction furnaces used to incorporated into the design and solution. The solution is neutralized, purify the beryllium pebbles, furnaces operation for new sources and would heated to remove aluminum, and that calcine beryllium sulfate to produce not require retrofitting or duplicative filtered. The solution is then beryllium oxide, and electric arc monitoring as would be the case if they crystallized; using centrifugation and furnaces used to produce beryllium were applied to existing sources. light washing, the crystals are alloys such as beryllium-copper master The part 63 General Provisions are continuously removed and remaining alloys. Baghouses (some in combination necessary for effective application of the solution is sent to an evaporator. The with high efficiency particulate air standard to existing sources and are crystals (ammonium fluoroberyllate) are filters) and scrubbers are used to control therefore incorporated into the proposed charged into furnaces where they are emissions of PM and HAP metals from rule. We would require that the plants decomposed to beryllium fluoride and these furnaces. comply with the initial notification ammonium fluoride. The ammonium requirements in 40 CFR 63.9. The initial fluoride is recycled to the process, and F. What are the proposed requirements notification requirements would be the molten beryllium fluoride is for primary beryllium production area supplemented by other reporting removed from the furnace and sources? requirements that include notification of solidified; magnesium is added to 1. Applicability and Compliance Dates any deviation and semiannual facilitate reduction. The mixture is monitoring reports, along with heated, causing beryllium to separate We are proposing to adopt as GACT recordkeeping requirements for and float on top of the slag. Both the for beryllium production area sources baghouse maintenance, monitoring data, beryllium and slag are poured into a all of the requirements in the National and other supporting information. graphite pot to solidify. Afterwards, the Emission Standard for Beryllium at 40 Section 63.6(e)(3)(ix) of the General product undergoes crushing and water CFR part 61, subpart C. Because any Provisions requires that the title V leaching in a ball mill. The resulting existing area source would have already permit for a source include provisions beryllium pebbles contain 98 percent been operating in accordance with the for an SSM plan. Because permit beryllium along with slag and unreacted part 61 standard, we are proposing that information for the existing facilities do magnesium. Impurities are removed by the owner or operator of an existing not identify requirements for an SSM melting the pebbles in induction source comply with the area source plan, the proposed NESHAP require the furnaces under vacuum. Excess NESHAP by [DATE OF PUBLICATION owner or operator of an existing area magnesium and beryllium fluoride from OF THE FINAL RULE IN THE Federal source to comply with the SSM the slag vaporize and are collected in Register]. The owner or operator of a requirements in 40 CFR 63.6(e)(3). filters. Nonvolatiles, such as beryllium new area source would be required to According to 40 CFR 63.6(e)(3), the oxide and magnesium fluoride, separate comply by [DATE OF PUBLICATION permit may fulfill this requirement by from the metal as dross by adhering to OF THE FINAL RULE IN THE Federal citing the relevant paragraphs of 40 CFR the bottom of the crucibles. The purified Register] or at startup, whichever is 63.6(e). Revisions made to the plan do metal is then poured and cast into later. not constitute permit revisions and the ingots. 2. Emissions Limits elements of the plan are not applicable To make beryllium oxide, the requirements under 40 CFR 70.2 and beryllium hydroxide is dissolved in We are proposing to adopt the part 61, 71.2. water and sulfuric acid, resulting in a subpart C standard as the area source The part 63 General Provisions are beryllium sulfate solution. The solution NESHAP for both new and existing necessary for effective application of the is filtered, evaporated, and crystallized. primary beryllium production facilities. standard for new area sources and are, The crystals are separated and the The part 61, subpart C standard limits therefore, incorporated into the beryllium sulfate is calcined in furnaces emissions from extraction plants (i.e., proposed rule. For new area sources, we to produce beryllium oxide. To make primary beryllium production facilities) are proposing to apply the notification, beryllium-copper master alloys, to 10 grams (0.022 lb) of beryllium over testing, monitoring, operation and beryllium hydroxide, electrolytic a 24-hour period. Alternatively, the maintenance, recordkeeping, and copper, and carbon are melted in an owner or operator of a beryllium reporting requirements in the part 63 electric arc furnace. The alloy is then production facility may request to meet General Provisions. These requirements melted and cast into ingots. The master an ambient concentration limit instead are sufficient to ensure compliance with alloy ingots are re-melted with of the emissions limit. the proposed emissions limit and work additional copper and other elements to 3. Compliance Requirements practice standards. produce alloys with the desired metallic characteristics. We are proposing to include in the E. What is primary beryllium production The Toxics Release Inventory proposed NESHAP the testing, and what HAP are emitted? indicates that the metal HAP emitted monitoring, recordkeeping, and In the primary beryllium production from beryllium production processes reporting requirements in 40 CFR part process, the ores bertrandite and beryl include primarily beryllium with lower 61, subpart C. The owner or operator are converted to a beryllium sulfate and levels of the urban HAP nickel and lead. would be required to conduct a processed into beryllium hydroxide at HAP metals are emitted from the high performance test using EPA Method 103 the mine site. A primary beryllium temperature furnaces that melt and or 104 (40 CFR part 61, appendix B) to production facility processes the process beryllium compounds and those demonstrate initial compliance with the beryllium hydroxide to form metallic that are used for producing beryllium emissions limit. The proposed NESHAP beryllium, beryllium alloy, and/or alloys. These furnaces include fluoride would not allow any changes, which beryllium oxide. decomposition furnaces that produce could potentially increase emissions Primary beryllium production beryllium fluoride from crystals of above the level determined in the most processes differ according to the end ammonium fluoroberyllate, reduction recent performance test until a new product (i.e., metallic beryllium, furnaces that process beryllium fluoride emissions test has been estimated by beryllium oxide, alloys). For metallic to produce beryllium metal that is calculation and reported to EPA. An

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owner or operator subject to the ambient in the proposed rule to regulate any and are therefore incorporated into the concentration limit must operate air previously existing source that may proposed rule as well. We are also sampling sites to continuously monitor restart its beryllium production. incorporating certain provisions in the the concentrations of beryllium in the Similarly, we do not have any General Provisions of part 63, subpart A ambient air according to an EPA- information that would suggest that to address aspects of the proposed rule approved plan. The owner or operator there are unlikely to be any new area not covered by the part 61 General must comply with recordkeeping source production facilities. Therefore, Provisions. Specifically, we need to requirements in the proposed NESHAP we also need to establish standards for incorporate certain provisions in 40 CFR and the testing, monitoring, new sources. 63.1 and 63.5 that delineate recordkeeping, and reporting We are proposing to adopt the part 61, applicability, construction, and requirements in the part 61 General subpart C standard as the NESHAP for reconstruction. However, we are not Provisions in 40 CFR part 61, subpart A. the primary beryllium production area applying provisions within 40 CFR 63.1 We are also proposing that the owner or source category. The part 61, subpart C and 63.5 that are already covered by operator comply with certain standard, which applies to new and part 61 General Provisions. We are requirements in the part 63 General existing major and area sources, is a proposing to apply the provisions in 40 Provisions in 40 CFR part 63, subpart A, stringent and effective air emissions CFR 63.1(a) except for the provisions in including the requirements for SSM regulation. As a result of the part 61, 40 CFR 63.1(a)(11) and (12) regarding plans and reports in 40 CFR 63.6(e)(3). subpart C standard, the last primary notices, time periods, and postmarks; 40 We have explicitly identified in the beryllium production facility in the U.S. CFR 63.1(b) except paragraph (b)(3); 40 proposed NESHAP the applicable was highly effective in controlling CFR 63.1(c); 40 CFR 63.1(e); and 40 CFR General Provisions of both 40 CFR parts beryllium, PM, and metal HAP 63.5 except for the references to 40 CFR 61 and 63. emissions. As shown in this facility, to 63.6 for compliance procedures and the meet the part 61, subpart C standard, references to 40 CFR 63.9 for G. What is our rationale for selecting the beryllium processing operations were notification procedures. proposed standards for primary controlled using multiple air cleaning Because the part 61 General beryllium area sources? systems that were also highly effective Provisions do not include requirements 1. Selection of Pollutants in controlling emissions of PM and HAP for SSM plans and reports, we are also metals. For example, beryllium oxide proposing to require the owner or The major metal HAP reported by the furnaces were controlled by baghouses, only primary beryllium plant when it operator of a new or existing area source packed tower scrubbers and demisters; to comply with the requirements in 40 was operating its primary beryllium alloy induction furnaces were process was beryllium. Nickel and lead, CFR 63.6(e)(3). According to 40 CFR controlled by baghouses and cartridge 63.6(e)(3), the permit may fulfill this which are urban HAP, were the only filters; reduction furnaces were other metal HAP reported (at much requirement by citing the relevant controlled by wet cyclones and venturi paragraphs of 40 CFR 63.6(e). Revisions smaller quantities than beryllium). Each scrubbers; and vacuum casting was of these metal HAP are components of made to the plan do not constitute controlled by cyclones, baghouses, and permit revisions and the elements of the PM, and the PM emission controls cartridge filters. The highly effective installed for beryllium control other plan are not applicable requirements control of beryllium, PM, and metal under 40 CFR 70.2 and 71.2. metal HAP in the PM. Consequently, we HAP emissions at this last facility chose to use beryllium as a surrogate for indicates that the part 61, subpart C VII. Statutory and Executive Order all of the HAP metal in the PM. The emissions limits are effective as well as Reviews emissions limits for beryllium and the feasible. Although that facility was a PM controls installed to meet the limits A. Executive Order 12866: Regulatory major source, we have no reason to Planning and Review will ensure that all HAP metals in the believe that such control is not PM from primary beryllium processes appropriate for an area source. The fact Under Executive Order 12866 (58 FR are well controlled. that the part 61, subpart C standard 51735, October 4, 1993), this action is a ‘‘significant regulatory action’’ because 2. Selection of Proposed Standards already applies to both major and area sources suggest that they are appropriate it may raise novel legal or policy issues. Currently no primary beryllium for area sources as well. Therefore, we Accordingly, EPA submitted this action production facilities operate in the U.S. have determined that the emissions to OMB for review under Executive In recent years, there has been only one limits in the part 61, subpart C standard Order 12866, and any changes made in U.S. producer, and this facility represents GACT for new and existing response to OMB recommendations shutdown all primary beryllium beryllium production area sources. have been documented in the docket for operations in June 2000. This plant was this action. a major source due to emissions of 3. Selection of Proposed Compliance tetrachloroethylene. In the event this Requirements B. Paperwork Reduction Act plant restarted the primary beryllium We have reviewed the performance The proposed NESHAP for Polyvinyl production operation, the plant would test and monitoring requirements in the and Copolymers Production Area probably continue to be a major source part 61, subpart C standard and Sources do not impose any new rather than an area source due to reconfirmed their adequacy and information collection burden. New and emissions of tetrachloroethylene. propriety for ensuring compliance with existing plants that are area sources Although all area source primary the proposed emission limits. Therefore, would be required to comply with the beryllium production facilities that we are including the part 61, subpart C same testing, monitoring, reporting, and previously existed have ceased to performance test and monitoring recordkeeping requirements as those in operate, we do not have information requirements in the proposed rule. the National Emission Standards for that would suggest that beryllium The General Provisions applicable to Vinyl Chloride (40 CFR part 61, subpart production cannot be restarted at these the subpart C standard (40 CFR part 61, F), to which these area sources are facilities. Therefore, we see a need to subpart A), are necessary for effective currently subject, and the information establish standards for existing sources application of the subpart C standard collection requirements in the part 61

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NESHAP General Provisions (40 CFR C, under the provisions of the pursuant to the information collection part 61, subpart A), which are Paperwork Reduction Act, 44 U.S.C. requirements for which a claim of incorporated into the proposed 3501 et seq. and has assigned OMB confidentiality is made is safeguarded NESHAP. The OMB has previously control number 2060–0092, EPA ICR according to CAA section 114(c) and the approved the information collection number 0193.08. Agency’s implementing regulations at requirements in 40 CFR part 61, subpart A copy of the OMB-approved ICR for 40 CFR part 2, subpart B. F, under the provisions of the the National Emission Standards for The PM testing, monitoring, Paperwork Reduction Act, 44 U.S.C. Vinyl Chloride and Beryllium may be recordkeeping, and reporting 3501 et seq. and has assigned OMB obtained from Susan Auby, Collection requirements with which existing control number 2060–0071, EPA Strategies Division, U.S. EPA (2822T), primary copper smelting and primary Information Collection Request (ICR) 1200 Pennsylvania Ave., NW., zinc smelting area sources would be number 0186.10. Washington, DC 20460, by e-mail at required to comply under the proposed A copy of the OMB-approved ICR for [email protected], or by calling (202) NESHAP are the same as the the National Emission Standards for 566–1672. requirements that are in these facilities’ Vinyl Chloride and Beryllium may be Burden means the total time, effort, or current title V operating permits. The obtained from Susan Auby, Collection financial resources expended by persons only new information collection Strategies Division, U.S. EPA (2822T), to generate, maintain, retain, disclose, or requirements that would apply to these 1200 Pennsylvania Ave., NW., provide information to or for a Federal area sources would consist of initial Washington, DC 20460, by e-mail at agency. This includes the time needed notifications and SSM plan, reporting, [email protected], or by calling (202) to review instructions; develop, acquire, and recordkeeping requirements. Any 566–1672. install, and utilize technology and new primary zinc production facility, Burden means the total time, effort, or systems for the purposes of collecting, primary copper smelter, or secondary financial resources expended by persons validating, and verifying information, copper smelter area source would be to generate, maintain, retain, disclose, or processing and maintaining subject to all information collection provide information to or for a Federal information, and disclosing and requirements in the part 63 General agency. This includes the time needed providing information; adjust the Provisions. to review instructions; develop, acquire, existing ways to comply with any The annual burden for this install, and utilize technology and previously applicable instructions and information collection averaged over the systems for the purposes of collecting, requirements; train personnel to be able first 3 years of this ICR is estimated to validating, and verifying information, to respond to a collection of total 9 labor hours per year at a cost of processing and maintaining information; search data sources; $771 for the one existing primary information, and disclosing and complete and review the collection of copper smelting area source and 18.5 providing information; adjust the information; and transmit or otherwise labor hours per year at a cost of $1,566 existing ways to comply with any disclose the information. for the two existing primary zinc previously applicable instructions and An agency may not conduct or smelting area sources. No capital/ requirements; train personnel to be able sponsor, and a person is not required to startup costs or operation and to respond to a collection of respond to, a collection of information maintenance costs are associated with information; search data sources; unless it displays a currently valid OMB the proposed requirements. No costs or complete and review the collection of control number. The OMB control burden hours are estimated for new information; and transmit or otherwise numbers for EPA’s regulations in 40 primary copper smelters, secondary disclose the information. CFR part 63 are listed in 40 CFR part 9. copper smelters, or primary zinc An agency may not conduct or The information requirements in the production area sources because no new sponsor, and a person is not required to proposed NESHAP for Polyvinyl sources are estimated during the 3-year respond to, a collection of information Chloride and Copolymers Production period of the ICR. No new sources have unless it displays a currently valid OMB Area Sources, Primary Copper Smelting been constructed in more than 10 years, control number. The OMB control Area Sources, Secondary Copper no new construction has been numbers for EPA’s regulations in 40 Smelting Area Sources, and Primary announced, and we have no indication CFR part 63 are listed in 40 CFR part 9. Nonferrous Metals-Zinc, Cadmium, and there will be any new sources in the The proposed requirements for Beryllium Area Sources have been next 3 years. primary beryllium production facilities submitted for approval to OMB under Burden means the total time, effort, or in the proposed NESHAP for Primary the Paperwork Reduction Act, 44 U.S.C. financial resources expended by persons Nonferrous Metals Area Sources do not 3501 et seq. The ICR document prepared to generate, maintain, retain, disclose, or impose any new information collection by EPA has been assigned EPA ICR provide information to or for a Federal burden. New and existing plants that are number 2240.01. agency. This includes the time needed area sources would be required to The proposed information collection to review instructions; develop, acquire, comply with the same testing, requirements are based on the current install, and utilize technology and monitoring, recordkeeping, and title V permitting requirements for systems for the purposes of collecting, reporting requirements as those in the existing sources and the information validating, and verifying information, National Emission Standards for collection requirements in the part 63 processing and maintaining Beryllium (40 CFR part 61, subpart C), General Provisions (40 CFR part 63, information, and disclosing and to which these area sources are subpart A), most of which are providing information; adjust the currently subject, and the information incorporated into the proposed existing ways to comply with any collection requirements in the part 61 NESHAP for new sources. The ICR previously applicable instructions and General Provisions (40 CFR part 61, document includes the burden estimates requirements; train personnel to be able subpart A), which are incorporated into for all applicable General Provisions. to respond to a collection of the proposed NESHAP for these sources. These recordkeeping and reporting information; search data sources; The OMB has previously approved requirements are mandatory pursuant to complete and review the collection of these information collection section 114 of the CAA (42 U.S.C. 7414). information; and transmit or otherwise requirements in 40 CFR part 61, subpart All information submitted to EPA disclose the information.

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An agency may not conduct or owned and operated and is not governments, including tribal sponsor, and a person is not required to dominant in its field. governments, it must have developed respond to, a collection of information After considering the economic under section 203 of the UMRA a small unless it displays a currently valid OMB impacts of the proposed rules on small government agency plan. The plan must control number. The OMB control entities, I certify that this action will not provide for notifying potentially numbers for EPA’s regulations in 40 have a significant economic impact on affected small governments, enabling CFR part 63 are listed in 40 CFR part 9. a substantial number of small entities. officials of affected small governments To comment on the Agency’s need for There would not be adverse impacts on to have meaningful and timely input in this information, the accuracy of the existing area sources of PVC and the development of EPA regulatory provided burden estimates, and any copolymer production facilities, proposals with significant Federal suggested methods for minimizing primary copper smelters, and non- intergovernmental mandates, and respondent burden, including the use of ferrous metal production facilities informing, educating, and advising automated collection techniques, EPA because the proposed rules do not create small governments on compliance with has established a public docket for this any new requirements or burdens other the regulatory requirements. action, which includes this ICR, under than minimal notification requirements EPA has determined that the Docket ID number EPA-HQ-OAR–2006– for existing sources. There would be no proposed rules do not contain a Federal 0510. Submit any comments related to adverse impacts on existing secondary mandate that may result in expenditures the ICR for the proposed rules to EPA copper area sources because there are no of $100 million or more for State, local, and OMB. See ADDRESSES section at the existing sources in the category. and tribal governments, in the aggregate, beginning of this notice for where to Although the proposed NESHAP or the private sector in any one year. As submit comments to EPA. Send contain emission control requirements discussed earlier in this preamble, the comments to OMB at the Office of for new area sources in all four source estimated expenditures for the private Information and Regulatory Affairs, categories, we are not aware of any new sector in any 1 year are less than $2,500. Office of Management and Budget, 725 sources being constructed now or Thus, the proposed rules are not subject 17th Street NW., Washington, DC 20503, planned in the near future, and to the requirements of sections 202 and Attention: Desk Officer for EPA. Since consequently, we did not estimate any 205 of the UMRA. In addition, the OMB is required to make a decision impacts for new sources. proposed rules do not significantly or We continue to be interested in the concerning the ICR between 30 and 60 uniquely affect small governments. The potential impacts of the proposed action days after October 6, 2006, a comment proposed rules contain no requirements to OMB is best assured of having its full on small entities and welcome that apply to such governments, impose effect if OMB receives it by November comments on issues related to such no obligations upon them, and would 6, 2006. The final rule will respond to impacts. not result in expenditures by them of any OMB or public comments on the D. Unfunded Mandates Reform Act $100 million or more in any one year or information collection requirements any disproportionate impacts on them. contained in this proposal. Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public Therefore, the proposed rules are not C. Regulatory Flexibility Act Law 104–4, establishes requirements for subject to section 203 of the UMRA. The Regulatory Flexibility Act (RFA) Federal agencies to assess the effects of E. Executive Order 13132: Federalism generally requires an agency to prepare their regulatory actions on State, local, a regulatory flexibility analysis of any and tribal governments and the private Executive Order 13132 (64 FR 43255, rule subject to notice and comment sector. Under section 202 of the UMRA, August 10, 1999) requires EPA to rulemaking requirements under the EPA generally must prepare a written develop an accountable process to Administrative Procedure Act or any statement, including a cost-benefit ensure ‘‘meaningful and timely input by other statute unless the agency certifies analysis, for proposed and final rules State and local officials in the that the rule would not have a with ‘‘Federal mandates’’ that may development of regulatory policies that significant economic impact on a result in expenditures by State, local, have federalism implications.’’ ‘‘Policies substantial number of small entities. and tribal governments, in the aggregate, that have federalism implications’’ are Small entities include small businesses, or to the private sector, of $100 million defined in the Executive Order to small not-for-profit enterprises, and or more in any 1 year. Before include regulations that have small governmental jurisdictions. promulgating an EPA rule for which a ‘‘substantial direct effects on the States, For the purposes of assessing the written statement is needed, section 205 on the relationship between the national impacts of the proposed area source of the UMRA generally requires EPA to government and the States, or on the NESHAP on small entities, small entity identify and consider a reasonable distribution of power and is defined as: (1) A small business that number of regulatory alternatives and responsibilities among the various meets the Small Business adopt the least costly, most cost- levels of government.’’ Administration size standards for small effective, or least burdensome The proposed rules do not have businesses found at 13 CFR 121.201 alternative that achieves the objectives federalism implications. They would (less than 1,000 employees for primary of the rule. The provisions of section not have substantial direct effects on the copper smelting and less than 750 205 do not apply when they are States, on the relationship between the employees for PVC and copolymers inconsistent with applicable law. national government and the States, or production, secondary copper smelting, Moreover, section 205 allows EPA to on the distribution of power and and primary nonferrous metals adopt an alternative other than the least responsibilities among the various manufacturing); (2) a small costly, most cost-effective, or least levels of government, as specified in governmental jurisdiction that is a burdensome alternative if the Executive Order 13132. The proposed government of a city, county, town, Administrator publishes with the final rules impose requirements on owners school district, or special district with a rule an explanation why that alternative and operators of specified area sources population of less than 50,000; and (3) was not adopted. Before EPA establishes and not State and local governments. a small organization that is any not-for- any regulatory requirements that may Thus, Executive Order 13132 does not profit enterprise which is independently significantly or uniquely affect small apply to the proposed rules.

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F. Executive Order 13175: Consultation existing levels. No additional pollution alternatives to EPA test methods. and Coordination With Indian Tribal controls or other equipment that would Therefore, EPA does not intend to adopt Governments consume energy are required by the these standards for this purpose. The Executive Order 13175 (65 FR 67249, proposed rules. reasons for the determinations for the 13 methods are in the docket for this November 6, 2000), requires EPA to I. National Technology Transfer develop an accountable process to Advancement Act proposed rule. For the methods required or ensure ‘‘meaningful and timely input by Section 12(d) of the National referenced by the proposed rules, a tribal officials in the development of Technology Transfer and Advancement source may apply to EPA for permission regulatory policies that have tribal Act (NTTAA) of 1995 (Pub. L. No. 104– to use alternative test methods or implications.’’ The proposed rules do 113, section 12(d), 15 U.S.C. 272 note) alternative monitoring requirements in not have tribal implications, as specified directs EPA to use voluntary consensus place of any required testing methods, in Executive Order 13175. They would standards (VCS) in its regulatory performance specifications, or not have substantial direct effects on activities, unless to do so would be procedures under § 63.7(f) and § 63.8(f) tribal governments, on the relationship inconsistent with applicable law or of subpart A of the General Provisions. between the Federal government and otherwise impractical. The VCS are Indian tribes, or on the distribution of technical standards (e.g., materials List of Subjects in 40 CFR Part 63 power and responsibilities between the specifications, test methods, sampling Environmental protection, Air Federal government and Indian tribes, procedures, and business practices) that pollution control, Hazardous as specified in Executive Order 13175. are developed or adopted by VCS substances, Reporting and The proposed rules impose bodies. The NTTAA directs EPA to recordkeeping requirements. requirements on owners and operators provide Congress, through OMB, Dated: September 27, 2006. of specified area sources and not tribal explanations when the Agency does not governments. Thus, Executive Order use available and applicable VCS. Stephen L. Johnson, 13175 does not apply to the proposed The proposed rules involve technical Administrator. rules. standards. The EPA cites the following For the reasons stated in the preamble, title 40, chapter I, part 63 of G. Executive Order 13045: Protection of standards: EPA Methods 1, 1A, 2, 2A, the Code of Federal Regulations is Children From Environmental Health 2C, 2D, 2F, 2G, 3, 3A, 3B, 4, 5, 5D, and proposed to be amended as follows: and Safety Risks 9 in 40 CFR part 60, appendix A; and Performance Specification (PS) 1 and 11 Executive Order 13045 (62 FR 19885, in 40 CFR part 60, appendix B. PART 63—[AMENDED] April 23, 1997) applies to any rule that: Consistent with the NTTAA, EPA 1. The authority citation for part 63 (1) is determined to be ‘‘economically conducted searches to identify continues to read as follows: significant,’’ as defined under Executive voluntary consensus standards in Order 12866, and (2) concerns an addition to these EPA methods. No Authority: 42 U.S.C. 7401 et seq. environmental health or safety risk that applicable VCS were identified for EPA Subpart A—[AMENDED] EPA has reason to believe may have a Methods 1A, 2A, 2D, 2F, 2G, 5D or 9. disproportionate effect on children. If The search and review results are in the 2. Section 63.14 is amended by the regulatory action meets both criteria, docket for this rule. revising paragraph (i)(1) to read as EPA must evaluate the environmental The search identified one VCS as an follows: health or safety effects of the planned acceptable alternative to EPA Method rule on children, and explain why the 3B. The method ASME PTC 19.10–1981, § 63.14 Incorporations by reference. planned regulation is preferable to other ‘‘Flue and Exhaust Gas Analyses,’’ * * * * * potentially effective and reasonably (incorporated by reference-see 40 CFR (i) * * * feasible alternatives considered by EPA. 63.14) is cited in this rule for its manual (1) ANSI/ASME PTC 19.10–1981, EPA interprets Executive Order 13045 method for measuring the oxygen, ‘‘Flue and Exhaust Gas Analyses [Part as applying only to those regulatory carbon dioxide, and carbon monoxide 10, Instruments and Apparatus],’’ IBR actions that are based on health or safety content of the exhaust gas. This part of approved for §§ 63.309(k)(1)(iii), risks, such that the analysis required ASME PTC 19.10–1981 is an acceptable 63.865(b), 63.3166(a)(3), under section 5–501 of the Executive alternative to EPA Method 3B. 63.3360(e)(1)(iii), 63.3545(a)(3), Order has the potential to influence the The standard ASTM D6216 (1998), 63.3555(a)(3), 63.4166(a)(3), regulation. The proposed rules are not ‘‘Standard Practice for Opacity Monitor 63.4362(a)(3), 63.4766(a)(3), subject to the Executive Order. They are Manufacturers to Certify Conformance 63.4965(a)(3), 63.5160(d)(1)(iii), based on control technology and not on with Design and Performance 63.9307(c)(2), 63.9323(a)(3), health or safety risks. Specifications,’’ was designated an 63.11155(e)(3), 11162(f)(3)(iii) and (f)(4), acceptable alternative for the design 11163(g)(1)(iii) and (g)(2), and Table 5 of H. Executive Order 13211: Actions That specifications given in EPA’s PS–1 subpart DDDDD of this part. Significantly Affect Energy Supply, (promulgated in March 1983). As a * * * * * Distribution, or Use result, EPA incorporated ASTM D6216– 3. Part 63 is amended by adding The proposed rules are not a 98 by reference into PS–1 as the design subpart DDDDDD to read as follows: ‘‘significant energy action’’ as defined in specifications for opacity monitors in Executive Order 13211 (66 FR 28355, August 2000. Subpart DDDDDD—National Emission May 22, 2001) because they are not The search for emissions Standards for Hazardous Air Pollutants likely to have a significant adverse effect measurement procedures identified 13 for Polyvinyl Chloride and Copolymers on the supply, distribution, or use of other VCS. The EPA determined that Production Area Sources energy. Further, we have concluded that these 13 standards identified for Sec. these proposed rules are not likely to measuring emissions of the HAP or have any adverse energy effects because surrogates subject to emission standards Applicability and Compliance Dates energy requirements would remain at in this proposed rule were impractical 63.11140 Am I subject to this subpart?

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63.11141 What are my compliance dates? compliance with the applicable to find out if this subpart is delegated Standards and Compliance Requirements provisions in this subpart by the dates to a State, local, or tribal agency within in paragraphs (b)(1) and (2) of this your State. 63.11142 What are the standards and (b) In delegating implementation and compliance requirements for new and section. existing sources? (1) If you startup a new affected enforcement authority of this subpart to source on or before [DATE OF a State, local, or tribal agency under 40 Other Requirements and Information PUBLICATION OF FINAL RULE IN CFR part 63, subpart E, the approval 63.11143 What General Provisions apply to THE Federal Register], you must authorities contained in paragraphs this subpart? achieve compliance with the applicable (b)(1) through (4) of this section are 63.11144 What definitions apply to this provisions in this subpart not later than retained by the Administrator of the subpart? [DATE OF PUBLICATION OF FINAL U.S. EPA and are not transferred to the 63.11145 Who implements and enforces RULE IN THE Federal Register]. State, local, or tribal agency. this subpart? (2) If you startup a new affected (1) Approval of an alternative means Applicability and Compliance Dates source after [DATE OF PUBLICATION of emission limitation under 40 CFR OF FINAL RULE IN THE Federal 61.12(d). § 63.11140 Am I subject to this subpart? Register], you must achieve compliance (2) Approval of a major change to test (a) You are subject to this subpart if with the provisions in this subpart upon methods under 40 CFR 61.13(h). A you own or operate a plant specified in startup of your affected source. ‘‘major change to test method’’ is 40 CFR 61.61(c) that produces polyvinyl defined in § 63.90. chloride (PVC) or copolymers and is an Standards and Compliance (3) Approval of a major change to area source of hazardous air pollutant Requirements monitoring under 40 CFR 61.14(g). A (HAP) emissions. Your plant is an area § 63.11142 What are the standards and ‘‘major change to monitoring’’ is defined source if it does not emit and does not compliance requirements for new and in § 63.90. have the potential to emit either 10 tons existing sources? (4) Approval of a major change to per year (tpy) or more of any single HAP You must meet all the requirements in recordkeeping/reporting under 40 CFR or 25 tpy or more of any combination of 40 CFR part 61, subpart F, except for 40 61.10. A ‘‘major change to HAP. CFR 61.62 and 40 CFR 61.63. recordkeeping/reporting’’ is defined in (b) This subpart applies to each new § 63.90. or existing affected source. The affected Other Requirements and Information 4. Part 63 is amended by adding subpart EEEEEE to read as follows: source is the collection of all equipment § 63.11143 What General Provisions apply and activities in vinyl chloride service to this subpart? necessary to produce PVC and Subpart EEEEEE—National Emission (a) All the provisions in 40 CFR part copolymers. An affected source does not Standards for Hazardous Air Pollutants 61, subpart A, apply to this subpart. include portions of your PVC and for Primary Copper Smelting Area (b) The provisions in 40 CFR part 63, Sources copolymers production operations that subpart A, applicable to this subpart are meet the criteria in 40 CFR 61.60(b) or specified in paragraphs (b)(1) through Sec. (c). (4) of this section. Applicability and Compliance Dates (1) An affected source is existing if (1) Section 63.1(a)(1) through (10). you commenced construction or 63.11146 Am I subject to this subpart? (2) Section 63.1(b) except paragraph 63.11147 What are my compliance dates? reconstruction of the affected source (b)(3), § 63.1(c), and (e). before October 6, 2006. (3) Section 63.5 (preconstruction Standards and Compliance Requirements (2) An affected source is new if you review and notification requirements) 63.11148 What are the standards and commenced construction or except for the references to § 63.6 compliance requirements for existing reconstruction of the affected source on (compliance with standards and sources? or after October 6, 2006. maintenance requirements) procedures 63.11149 What are the standards and (c) This subpart does not apply to and the references to § 63.9 (notification compliance requirements for new research and development facilities, as requirements). sources? defined in section 112(c)(7) of the Clean (4) Section 63.6(e)(3) except for Other Requirements and Information Air Act (CAA). § 63.6(e)(3)(ix). (d) You are exempt from the 63.11150 What General Provisions apply to this subpart? § 63.11144 What definitions apply to this obligation to obtain a permit under 40 63.11151 What definitions apply to this subpart? CFR part 70 or 40 CFR part 71, provided subpart? you are not otherwise required by law The terms used in this subpart are 63.11152 Who implements and enforces to obtain a permit under 40 CFR 70.3(a) defined in the CAA; 40 CFR 61.02; 40 this subpart? or 40 CFR 71.3(a). Notwithstanding the CFR 61.61; and § 63.2 for terms used in Tables to Subpart EEEEEE of Part 63 previous sentence, you must continue to the applicable provisions of part 63, comply with the provisions of this subpart A, as specified in § 63.11143(b). Table 1 to Subpart EEEEEE of Part 63— subpart. Applicability of General Provisions to § 63.11145 Who implements and enforces Subpart EEEEEE this subpart? § 63.11141 What are my compliance Applicability and Compliance Dates dates? (a) This subpart can be implemented (a) If you own or operate an existing and enforced by the U.S. EPA or a § 63.11146 Am I subject to this subpart? affected source, you must achieve delegated authority such as a State, (a) You are subject to this subpart if compliance with the applicable local, or tribal agency. If the U.S. EPA you own or operate a primary copper provisions in this subpart by [DATE OF Administrator has delegated authority to smelter that is an area source of PUBLICATION OF FINAL RULE IN a State, local, or tribal agency, then that hazardous air pollutant (HAP) THE Federal Register]. Agency has the authority to implement emissions. Your primary copper smelter (b) If you own or operate a new and enforce this subpart. You should is an area source if it does not emit and affected source, you must achieve contact your U.S. EPA Regional Office does not have the potential to emit

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either 10 tons per year (tpy) or more of (b) For each smelting vessel and (i) You must retain records of all any single HAP or 25 tpy or more of any converting vessel at your primary required monitoring data and support combination of HAP. copper smelter, you must operate a information. Support information (b) This subpart applies to each new secondary gas system that collects the includes all calibration and or existing affected source. The affected gases and fumes released during the maintenance records, all original strip source is each primary copper smelter. molten material transfer operations and charts or appropriate recordings for (1) An affected source is existing if conveys the collected gas stream to a continuous monitoring instrumentation, you commenced construction or control device. and copies of all reports required by this reconstruction of the affected source (c) For operations in the anode subpart. For all monitoring before October 6, 2006. refining and casting department at your requirements, the owner or operator (2) An affected source is new if you primary copper smelter, you must meet must record the following information, commenced construction or the requirements in paragraphs (c)(1) where applicable: reconstruction of the affected source on and (2) of this section. (1) The date, place, and time of or after October 6, 2006. (1) For each vessel used to refine sampling or measurement, the date (c) This subpart does not apply to blister copper, remelt anode copper or analyses were performed, the company research and development facilities, as anode scrap, or hold molten anode or entity that performed the analyses, defined in section 112(c)(7) of the Clean copper, you must collect the gases and the analytical techniques or methods Air Act (CAA). fumes vented from the vessel and used, the results of such analyses, and (d) If you own or operate an area convey the collected gas stream to a the operating conditions existing at the source subject to this subpart, you must control device. time of sampling or measurement. obtain a permit under 40 CFR part 70 or (2) For each anode casting wheel, you (2) Records of activities performed to 40 CFR part 71. must collect gases and fumes vented assure proper operation and when casting molten anode copper and maintenance of air emissions control § 63.11147 What are my compliance convey the collected gas stream to a dates? systems and monitoring systems or control device. devices. (a) If you own or operate an existing (d) You must operate a continuous affected source, you must achieve emissions monitoring system (CEMS) to § 63.11149 What are the standards and compliance with the applicable measure and record PM concentrations compliance requirements for new sources? provisions of this subpart by [DATE OF and gas stream flow rates for the exhaust (a) You must not discharge to the PUBLICATION OF FINAL RULE IN gases discharged to the atmosphere from atmosphere through any combination of THE Federal Register]. each emissions source subject to the stacks or other vents process exhaust (b) If you own or operate a new emissions limit in paragraph (a) of this gases from the copper concentrate affected source, you must achieve section. A single PM CEMS may be used dryers, smelting vessels, converting compliance with the applicable for the combined exhaust gas streams at vessels, matte drying and grinding provisions of this subpart by the dates a point before the gases are discharged plants, secondary gas systems, and in paragraphs (b)(1) and (2) of this to the atmosphere. Measured results anode refining and casting department section. must be expressed as pounds of PM that contain total PM in excess of 0.6 (1) If you startup a new affected emitted per hour calculated at the end pound per ton of copper concentrate source on or before [DATE OF of each calendar day for the preceding feed charged to the smelting vessel (24- PUBLICATION OF FINAL RULE IN 24-hour period. Collected PM CEMS hour average). THE Federal Register], you must data must be made available for (b) For each smelting vessel and achieve compliance with the applicable inspection on a daily basis. converting vessel at your primary provisions of this subpart not later than (e) You must demonstrate initial copper smelter, you must operate a [DATE OF PUBLICATION OF FINAL compliance with the PM emissions limit secondary gas system that collects the RULE IN THE Federal Register]. in paragraph (a) of this section based on gases and fumes released during molten (2) If you startup a new affected the results of a 24-hour average from the material transfer operations and convey source after [DATE OF PUBLICATION PM CEMS. You may certify initial the collected gas stream to a control OF FINAL RULE IN THE Federal compliance with the PM emissions limit device. Register], you must achieve compliance based on the results of sampling (c) For operations in the anode with the applicable provisions of this conducted during the previous month. refining and casting department at your subpart upon startup of your affected (f) You must submit to the permitting primary copper smelter, you must meet source. authority by the 20th day of each month the requirements in paragraphs (c)(1) Standards and Compliance a summary of the 24-hour averages for and (2) of this section. Requirements the previous month. (1) For each vessel used to refine (g) You must submit written blister copper, remelt anode copper or § 63.11148 What are the standards and notification to the permitting authority anode scrap, or hold molten anode compliance requirements for existing of any deviation from the requirements copper, you must collect the gases and sources? of this subpart, including those fumes vented from the vessel and (a) You must not discharge to the attributable to upset conditions, the convey the collected gas stream to a atmosphere through any combination of probable cause of such deviations, and control device. stacks or other vents captured process any corrective actions or preventative (2) For each anode casting wheel, you exhaust gases from the copper measures taken. You must submit this must collect gases and fumes vented concentrate dryers, smelting vessels, notification within 14 days of the date when casting molten anode copper and converting vessels, matte drying and the deviation occurred. convey the collected gas stream to a grinding plants, secondary gas systems, (h) You must submit semiannual control device. and anode refining and casting monitoring reports to your permitting (d) You must install, operate, and department that contain total particulate authority. All instances of deviations maintain a PM CEMS to measure and matter (PM) in excess of 89.5 pounds from the requirements of this subpart record PM concentrations and gas per hour (24-hour average). must be clearly identified in the reports. stream flow rates for the exhaust gases

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discharged to the atmosphere from each a summary of the daily average PM per collected during the test that emissions source subject to the ton of copper concentrate feed charged demonstrate compliance with the emissions limit in paragraph (a) of this to the smelting vessel for the previous emissions limit in § 63.11149(a). section. You must also install, operate, month. (2) Your notification of compliance and maintain a weight measurement status required by § 63.9(h) must Other Requirements and Information system to measure and record the include this certification of compliance, weight of the copper concentrate feed 63.11150 What General Provisions apply signed by a responsible official, for the charged to the smelting furnace on a to this subpart? work practice standard in § 63.11149(b): daily basis. A single PM CEMS may be (a) If you own or operate an existing ‘‘This facility complies with the used for the combined exhaust gas or new affected source, you must requirement to operate a secondary gas streams at a point before the gases are comply with the requirements of the system for each smelting vessel and discharged to the atmosphere. For each General Provisions (40 CFR part 63, converting vessel in accordance with PM CEMS used to comply with this subpart A) as specified in Table 1 to this § 63.11149(b).’’ paragraph, you must meet the subpart and paragraphs (a)(1) through (3) Your notification of compliance requirements specified in paragraphs (4) of this section. status required by § 63.9(h) must (d)(1) through (3) of this section. (1) If you own or operate an existing include this certification of compliance, (1) You must install, certify, operate, affected source and you certify initial signed by a responsible official, for the and maintain the PM CEMS according compliance with the PM emissions limit work practice standard in § 63.11149(c): to the applicable specification and in § 63.11148(a) based on monitoring ‘‘This facility complies with the testing requirements of EPA data from the previous month, your requirement to capture gases from Performance Specification 11 in 40 CFR notification of compliance status operations in the anode refining and part 60, appendix B, and the quality required by § 63.9(h) must include this casting department and duct them to a assurance requirements of Procedure 2 certification of compliance, signed by a control device in accordance with in 40 CFR part 60, appendix F. § 63.11149(c).’’ (2) You must conduct an initial responsible official: ‘‘This facility performance evaluation of the PM complies with the PM emissions limit in § 63.11151 What definitions apply to this CEMS according to the requirements of § 63.11148(a) based on monitoring data subpart? Performance Specification 11 in 40 CFR that were collected during the previous Terms used in this subpart are part 60, appendix B. Thereafter, you month.’’ defined in the CAA, in 40 CFR 63.2, and must perform the performance (2) If you conduct a new performance in this section as follows: evaluations as required by Procedure 2 test to demonstrate initial compliance Anode refining and casting in 40 CFR part 60, appendix F. with the PM emissions limit in department means the area at a primary (3) You must perform quarterly § 63.11148(a), your notification of copper smelter in which anode copper accuracy determinations and daily compliance status required by § 63.9(h) refining and casting operations are calibration drift tests for the PM CEMS must include the results of the performed. Emissions sources in the according to Procedure 2 in 40 CFR part performance test, including required anode refining and casting department 60, appendix F. monitoring data. include anode refining furnaces, anode (e) To demonstrate compliance with (3) Your notification of compliance shaft furnaces, anode holding furnaces, the PM emissions limit in paragraph (a) status required by § 63.9(h) must and anode casting wheels. of this section, you must continuously include this certification of compliance, Capture system means the collection monitor and record PM emissions, signed by a responsible official, for the of components used to capture gases determine and record the daily (24- work practice standard in § 63.11148(b): and fumes released from one or more hour) value for each day, and calculate ‘‘This facility complies with the emissions points and then convey the and record the daily average pounds of requirement to operate a secondary gas captured gas stream to a control device. total PM per ton of copper concentrate system for each smelting vessel and A capture system may include, but is feed charged to the smelting furnace. converting vessel in accordance with not limited to, the following The daily average must be calculated at § 63.11148(b).’’ components as applicable to a given the end of each calendar day for the (4) Your notification of compliance capture system design: Duct intake preceding 24-hour period. You must status required by § 63.9(h) must devices, hoods, enclosures, ductwork, maintain records of the calculations of include this certification of compliance, dampers, manifolds, plenums, and fans. daily averages with supporting signed by a responsible official, for the Control device means air pollution information and data, including work practice standard in § 63.11148(c): control equipment used to remove PM measurements of the weight of copper ‘‘This facility complies with the from a gas stream. concentrate feed charged to the smelting requirement to capture gases from Converting vessel means a furnace, vessel. Collected PM CEMS data must operations in the anode refining and reactor, or other type of vessel in which be made available for inspection on a casting department and duct them to a copper matte is oxidized to form blister daily basis. control device in accordance with copper. (f) You must demonstrate initial § 63.11148(c).’’ Copper concentrate means copper ore compliance with the emissions limit in (b) If you own or operate a new that has been beneficiated or treated to paragraph (a) of this section using the affected source, you must comply with remove waste and increase the copper procedures in paragraph (e) of this the requirements of the General content of the treated material. section. You must complete this initial Provisions (40 CFR part 63, subpart A) Copper concentrate dryer means a compliance demonstration within 180 as specified in Table 1 to this subpart vessel in which copper concentrates are days after startup and report the results and paragraphs (b)(1) through (3) of this heated in the presence of air to reduce in your notification of compliance status section. the moisture content of the material. no later than 30 days after the end of the (1) Your notification of compliance Supplemental copper-bearing feed compliance demonstration. status required by § 63.9(h) must materials and fluxes may be added or (g) You must submit to the permitting include the results of the initial mixed with the copper concentrates fed authority by the 20th day of each month performance test and monitoring data to a copper concentrate dryer.

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Copper concentrate feed means the engaged in the production of copper to find out if this subpart is delegated mixture of copper concentrate, from copper sulfide ore concentrates to a State, local, or tribal agency within secondary copper-bearing materials, through the use of pyrometallurgical your State. recycled slags and dusts, fluxes, and techniques. (b) In delegating implementation and other materials blended together for Responsible official means enforcement authority of this subpart to feeding to the smelting vessel. responsible official as defined at 40 CFR a State, local, or tribal agency under 40 Copper matte means a material 70.2. CFR part 63, subpart E, the authorities predominately composed of copper and Secondary gas system means a contained in paragraph (c) of this iron sulfides produced by smelting capture system that collects the gases section are retained by the copper ore concentrates. and fumes released when removing and Administrator of the U.S. EPA and are Deviation means any instance in transferring molten materials from not transferred to the State, local, or which an affected source subject to this smelting vessels and converting vessels tribal agency. subpart, or an owner or operator of such using tapping ports, launders, and other a source: openings in the vessels. Examples of (c) The authorities that will not be (1) Fails to meet any requirement or molten material include, but are not delegated to State, local, or tribal obligation established by this subpart, limited to: copper matte, slag, and agencies are listed in paragraphs (c)(1) including but not limited to any blister copper. through (4) of this section. emissions limitation or work practice Smelting vessel means a furnace, (1) Approval of an alternative non- standard; reactor, or other type of vessel in which opacity emission standard under (2) Fails to meet any term or condition copper ore concentrate and fluxes are § 63.6(g). that is adopted to implement an melted to form a molten mass of (2) Approval of a major change to a applicable requirement in this subpart material containing copper matte and test method under § 63.7(e)(2)(ii) and (f). and that is included in the operating slag. Other copper-bearing materials A ‘‘major change to test method’’ is permit for any affected source required may also be charged to the smelting defined in § 63.90. to obtain such a permit; or vessel. (3) Approval of a major change to (3) Fails to meet any emissions Work practice standard means any monitoring under § 63.8(f). A ‘‘major limitation or work practice standard in design, equipment, work practice, or this subpart during startup, shutdown, change to monitoring’’ is defined in operational standard, or combination § 63.90. or malfunction, regardless of whether or thereof. not such failure is permitted by this (4) Approval of a major change to subpart. § 63.11152 Who implements and enforces recordkeeping/ reporting under Matte drying and grinding plant this subpart? § 63.10(f). A ‘‘major change to means the area at a primary copper (a) This subpart can be implemented recordkeeping/reporting’’ is defined in smelter in which wet granulated matte and enforced by the U.S. EPA, or a § 63.90. copper is ground in a mill, dried by delegated authority such as a State, Tables to Subpart EEEEEE of Part 63 blowing heated air through the mill, and local, or tribal agency. If the U.S. EPA then separated from the drying air Administrator has delegated authority to As required in § 63.11150(a) and (b), stream using a control device such as a a State, local, or tribal agency, then that you must comply with the requirements baghouse. Agency has the authority to implement of the NESHAP General Provisions (40 Primary copper smelter means any and enforce this subpart. You should CFR part 63, subpart A) as shown in the installation or any intermediate process contact your U.S. EPA Regional Office following table.

TABLE 1 TO SUBPART EEEEEE OF PART 63.—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART EEEEEE

Applies to Citation Subject Subpart Explanation EEEEEE?

63.1(a)(1), (a)(2), (a)(3), (a)(4), (a)(6), Applicability ...... Yes. (a)(10)–(a)(12) (b)(1), (b)(3), (c)(1), (c)(2), (c)(5), (e). 63.1(a)(5), (a)(7)–(a)(9), (b)(2), (c)(3), Reserved ...... No. (c)(4), (d). 63.2 ...... Definitions ...... Yes. 63.3 ...... Units and Abbreviations ...... Yes. 63.4 ...... Prohibited Activities and Circumvention ... Yes. 63.5 ...... Preconstruction Review and Notification No. Requirements. 63.6(a), (b)(1)–(b)(5), (b)(7), (c)(1), (c)(2), Compliance with Standards and Mainte- Yes. (c)(5), (e)(1), (e)(3)(i), (e)(3)(iii)– nance Requirements. (e)(3)(ix), (f), (g), (i), (j). 63.6(b)(6), (c)(3), (c)(4), (d), (e)(2), Reserved ...... No. (e)(3)(ii), (h)(3), (h)(5)(iv). 63.6(h)(1)–(h)(4), (h)(5)(i)–(h)(5)(iii), No ...... Subpart EEEEEE does not include opac- (h)(6)–(h)(9). ity or visible emissions standards. 63.7(a), (e), (f), (g), (h) ...... Performance Testing Requirements ...... Yes. 63.7(b), (c)...... Yes/No ..... Notification of performance tests and quality assurance program apply to new sources but not existing sources. 63.8(a)(1), (a)(2), (b), (c), (f), (g) ...... Monitoring Requirements ...... Yes. 63.8(a)(3) ...... Reserved ...... No. 63.8(a)(4) ...... No ...... Subpart EEEEEE does not require flares.

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TABLE 1 TO SUBPART EEEEEE OF PART 63.—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART EEEEEE— Continued

Applies to Citation Subject Subpart Explanation EEEEEE?

63.8(d), (e) ...... Yes/No ..... Requirements for quality control program and performance evaluations apply to new sources but not existing sources. 63.9(a), (b)(1), (b)(2), (b)(5), (c), (d), Notification Requirements ...... Yes. (h)(1)–(h)(3), (h)(5), (h)(6), (i), (j). 63.9(b)(3), (h)(4) ...... Reserved ...... No. 63.9(b)(4), (f) ...... No. 63.9(e), (g) ...... Yes/No ..... Requirement for notification of perform- ance test and for use of continuous monitoring systems apply to new sources but not existing sources. 63.10(a), (b)(1), (d)(1), (d)(2), (d)(4), Recordkeeping and Reporting Require- Yes. (d)(5), (f). ments. 63.10(b)(2), (b)(3), (c)(1) (c)(5)–(c)(8), Yes/No ..... Recordkeeping and reporting require- (c)(10)–(c)(15), (e)(1), (e)(2). ments apply to new sources but not ex- isting sources. 63.10(c)(2)–(c)(4), (c)(9) ...... Reserved ...... No. 63.10(d)(3), (e)(4) ...... No ...... Subpart EEEEE does not contain opacity or visible emissions standards. 63.10(e)(3) ...... Yes/No ..... Reporting requirements apply to new sources but not existing sources. 63.11 ...... Control Device Requirements ...... No ...... Subpart EEEEEE does not require flares. 63.12 ...... State Authorities and Delegations ...... Yes. 63.13 ...... Addresses ...... Yes. 63.14 ...... Incorporations by Reference ...... Yes. 63.15 ...... Availability of Information and Confiden- Yes. tiality. 63.16 ...... Performance Track Provisions ...... Yes.

5. Part 63 is amended by adding copper smelter that is an area source of Register], you must achieve compliance subpart FFFFFF to read as follows: hazardous air pollutant (HAP) with the applicable provisions of this emissions. Your secondary copper subpart upon startup of your affected Subpart FFFFFF—National Emission smelter is an area source if it does not source. Standards for Hazardous Air Pollutants emit and does not have the potential to Standards and Compliance for Secondary Copper Smelting Area emit either 10 tons per year (tpy) or Sources more of any single HAP or 25 tpy or Requirements more of any combination of HAP. Sec. § 63.11155 What are the standards and (b) This subpart applies to each new compliance requirements for new sources? Applicability and Compliance Dates affected source. The affected source is (a) You must not discharge to the 63.11153 Am I subject to this subpart? each secondary copper smelter. Your atmosphere any gases which contain 63.11154 What are my compliance dates? secondary copper smelter is a new particulate matter (PM) in excess of affected source if you commenced Standards and Compliance Requirements 0.002 grains per dry standard cubic foot construction or reconstruction of the 63.11155 What are the standards and (gr/dscf) from the exhaust vent of any affected source before October 6, 2006. capture system for a smelting furnace, compliance requirements for new (c) This subpart does not apply to melting furnace, or other vessel that sources? research and development facilities, as 63.11156 [Reserved] contains molten material and any defined in section 112(c)(7) of the CAA. capture system for the transfer of molten Other Requirements and Information (d) If you own or operate an area material. source subject to this subpart, you must 63.11157 What General Provisions apply to (b) For each smelting furnace, melting this subpart? obtain a permit under 40 CFR part 70 or furnace, or other vessel that contains 63.11158 What definitions apply to this 40 CFR part 71. subpart? molten material, you must install and 63.11159 Who implements and enforces § 63.11154 What are my compliance operate a capture system that collects this subpart? dates? the gases and fumes from the vessel and (a) If you start up a new affected from the transfer of molten material and Tables to Subpart FFFFFF of Part 63 source on or before [Date of publication convey the collected gas stream to a Table 1 to Subpart FFFFFF of Part of final rule in the Federal Register], control device. 63—Applicability of General Provisions you must achieve compliance with the (c) You must prepare and operate at to Subpart FFFFFF applicable provisions of this subpart not all times according to a written plan for Applicability and Compliance Dates later than [DATE OF PUBLICATION OF the selection, inspection, and FINAL RULE IN THE Federal Register]. pretreatment of copper scrap to § 63.11153 Am I subject to this subpart? (b) If you start up a new affected minimize, to the extent practicable, the (a) You are subject to this subpart if source after [DATE OF PUBLICATION amount of oil and plastics in the scrap you own or operate a new secondary OF FINAL RULE IN THE Federal that is charged to the smelting furnace.

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Your plan must include a training (vii) You must install the bag leak (i) Inspecting the baghouse for air program for scrap inspectors. You must detection sensor downstream of the leaks, torn or broken bags or filter keep records to demonstrate continuous baghouse and upstream of any wet media, or any other condition that may compliance with the requirements of scrubber. cause an increase in particulate your plan. You must keep a current (viii) Where multiple detectors are emissions; copy of your pollution prevention plan required, the system’s instrumentation (ii) Sealing off defective bags or filter onsite and available for inspection. and alarm may be shared among media; (d) You must install, operate, and detectors. (iii) Replacing defective bags or filter maintain a bag leak detection system on (2) You must develop and submit to media or otherwise repairing the control all baghouses used to comply with the the Administrator or delegated authority device; PM emissions limit in paragraph (a) of for approval a site-specific monitoring (iv) Sealing off a defective baghouse this section according to paragraph plan for each bag leak detection system. compartment; (d)(1) of this section, prepare and You must operate and maintain the bag (v) Cleaning the bag leak detection operate by a site-specific monitoring leak detection system according to the system probe or otherwise repairing the plan according to paragraph (d)(2) of site-specific monitoring plan at all bag leak detection system; or this section, take corrective action times. For each bag leak detection (vi) Shutting down the process according to paragraph (d)(3) of this system that operates on the triboelectric producing the particulate emissions. section, and record information effect, the monitoring plan must be (4) You must maintain records of the according to paragraph (d)(4) of this consistent with the recommendations information specified in paragraphs section. contained in the ‘‘Fabric Filter Bag Leak (d)(4)(i) through (iii) of this section for (1) Each bag leak detection system Detection Guidance’’ (EPA–454/R–98– each bag leak detection system. must meet the specifications and 015) currently available at http:// (i) Records of the bag leak detection requirements in paragraphs (d)(1)(i) www.epa.gov/ttn.emc01/cem/tribo.pdf. system output; through (viii) of this section. Each monitoring plan must describe the (ii) Records of bag leak detection (i) The bag leak detection system must items in paragraphs (d)(2)(i) through (vi) system adjustments, including the date be certified by the manufacturer to be of this section. and time of the adjustment, the initial capable of detecting PM emissions at (i) Installation of the bag leak bag leak detection system settings, and concentrations of 1 milligram per actual detection system; the final bag leak detection system cubic meter (0.00044 grains per actual (ii) Initial and periodic adjustment of settings; and cubic foot) or less. the bag leak detection system, including (ii) The bag leak detection system how the alarm set-point will be (iii) The date and time of all bag leak sensor must provide output of relative established; detection system alarms, the time that PM loadings. The owner or operator (iii) Operation of the bag leak procedures to determine the cause of an shall continuously record the output detection system, including quality alarm were initiated, whether from the bag leak detection system using assurance procedures; procedures were initiated within 1 hour electronic or other means (e.g., using a (iv) How the bag leak detection of the alarm, the cause of the alarm, an strip chart recorder or a data logger.) system will be maintained, including a explanation of the actions taken, the (iii) The bag leak detection system routine maintenance schedule and spare date and time the cause of the alarm was must be equipped with an alarm system parts inventory list; alleviated, and whether the alarm was that will sound when the system detects (v) How the bag leak detection system alleviated within 3 hours of the alarm. an increase in relative particulate output will be recorded and stored; and (e) You must conduct a performance loading over the alarm set point (vi) Corrective action procedures as test to demonstrate initial compliance established according to paragraph specified in paragraph (d)(3) of this with the PM emissions limit within 180 (d)(1)(iv) of this section, and the alarm section. In approving the site-specific days after startup and report the results must be located such that it can be monitoring plan, the Administrator or in your notification of compliance heard by the appropriate plant delegated authority may allow owners status. You must conduct each PM test personnel. and operators more than 3 hours to according to § 63.7(e)(1) using the test (iv) In the initial adjustment of the bag alleviate a specific condition that causes methods and procedures in paragraphs leak detection system, you must an alarm if the owner or operator (e)(1) through (5) of this section. establish, at a minimum, the baseline identifies in the monitoring plan this (1) Method 1 or 1A (40 CFR part 60, output by adjusting the sensitivity specific condition as one that could lead appendix A) to select sampling port (range) and the averaging period of the to an alarm, adequately explains why it locations and the number of traverse device, the alarm set points, and the is not feasible to alleviate this specific points in each stack or duct. Sampling alarm delay time. condition within 3 hours of the time the sites must be located at the outlet of the (v) Following initial adjustment, you alarm occurs, and demonstrates that the control device (or at the outlet of the shall not adjust the averaging period, requested time will ensure alleviation of emissions source if no control device is alarm set point, or alarm delay time this condition as expeditiously as present) prior to any releases to the without approval from the practicable. atmosphere. Administrator or delegated authority (3) For each bag leak detection (2) Method 2, 2A, 2C, 2D, 2F, or 2G except as provided in paragraph system, you must initiate procedures to (40 CFR part 60, appendix A) to (d)(1)(vi) of this section. determine the cause of every alarm determine the volumetric flow rate of (vi) Once per quarter, you may adjust within 1 hour of the alarm. Except as the stack gas. the sensitivity of the bag leak detection provided in paragraph (d)(2)(vi) of this (3) Method 3, 3A, or 3B (40 CFR part system to account for seasonal effects, section, you must alleviate the cause of 60, appendix A) to determine the dry including temperature and humidity, the alarm within 3 hours of the alarm by molecular weight of the stack gas. You according to the procedures identified taking whatever corrective action(s) are may use ANSI/ASME PTC 19.10–1981, in the site-specific monitoring plan necessary. Corrective actions may ‘‘Flue and Exhaust Gas Analyses required by paragraph (d)(2) of this include, but are not limited to the (incorporated by reference—see § 63.14) section. following: as an alternative to EPA Method 3B.

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(4) Method 4 (40 CFR part 60, (c) Your notification of compliance use in a manufacturing process is not a appendix A) to determine the moisture status required by § 63.9(h) must secondary copper smelter. content of the stack gas. include this certification of compliance, Smelting furnace means any furnace, (5) Method 5 (40 CFR part 60, signed by a responsible official, for the reactor, or other type of vessel in which appendix A) to determine the PM work practice standard in § 63.11155(c): copper scrap and fluxes are melted to concentration for negative pressure ‘‘This facility complies with the form a molten mass of material baghouses and Method 5D (40 CFR part requirement for a written plan for the containing copper and slag. 60, appendix A) for positive pressure selection, inspection, and pretreatment Work practice standard means any baghouses. The sampling time and of copper scrap in accordance with design, equipment, work practice, or volume for each run must be at least 60 § 63.11155(c).’’ operational standard, or combination minutes and 0.85 dry standard cubic (d) Your notification of compliance thereof. meters (30 dry standard cubic feet). A status required by § 63.9(h) must minimum of three valid test runs are include this certification of compliance, § 63.11159 Who implements and enforces this subpart? needed to comprise a PM performance signed by a responsible official, for the test. work practice standard in (a) This subpart can be implemented (f) You must conduct subsequent § 63.11155(d)(2): ‘‘This facility has an and enforced by the U.S. EPA, or a performance tests to demonstrate approved monitoring plan in delegated authority such as a State, compliance with the PM emissions limit accordance with § 63.11155(d)(2).’’ local, or tribal agency. If the U.S. EPA at least once every 5 years. (e) If you use control devices other Administrator has delegated authority to (g) If you use a control device other than baghouses, your notification of a State, local, or tribal agency, then that than a baghouse, you must prepare and compliance status required by § 63.9(h) Agency has the authority to implement submit a monitoring plan to the must include this certification of and enforce this subpart. You should Administrator for approval. Each plan compliance, signed by a responsible contact your U.S. EPA Regional Office must contain the information in official for the monitoring plan to find out if this subpart is delegated paragraphs (g)(1) through (5) of this requirements in § 63.11157(g): ‘‘This to a State, local, or tribal agency. section. facility has an approved monitoring (b) In delegating implementation and (1) A description of the device; plan in accordance with § 63.11157(g).’’ enforcement authority of this subpart to (2) Test results collected in a State, local, or tribal agency under 40 accordance with paragraph (e) of this § 63.11158 What definitions apply to this CFR part 63, subpart E, the authorities section verifying the performance of the subpart? contained in paragraph (c) of this device for reducing PM to the levels Terms used in this subpart are section are retained by the required by this subpart; defined in the CAA, in 40 CFR 63.2, and Administrator of the U.S. EPA and are (3) Operation and maintenance plan in this section as follows: not transferred to the State, local, or for the control device (including a Anode copper means copper that is tribal agency. preventative maintenance schedule cast into anodes and refined in an (c) The authorities that will not be consistent with the manufacturer’s electrolytic process to produce high delegated to State, local, or tribal instructions for routine and long-term purity copper. agencies are listed in paragraphs (c)(1) maintenance) and continuous Capture system means the collection through (4) of this section. monitoring system. of components used to capture gases (1) Approval of an alternative non- (4) A list of operating parameters that and fumes released from one or more opacity emissions standard under will be monitored to maintain emissions points and then convey the § 63.6(g). continuous compliance with the captured gas stream to a control device. applicable emission limits; and (2) Approval of a major change to test (5) Operating parameter limits based A capture system may include, but is methods under § 63.7(e)(2)(ii) and (f). A on monitoring data collected during the not limited to, the following ‘‘major change to test method’’ is performance test. components as applicable to a given defined in § 63.90. capture system design: duct intake (3) Approval of a major change to § 63.11156 [Reserved] devices, hoods, enclosures, ductwork, monitoring under § 63.8(f). A ‘‘major dampers, manifolds, plenums, and fans. Other Requirements and Information change to monitoring’’ is defined in Melting furnace means any furnace, § 63.90. § 63.11157 What General Provisions apply reactor, or other type of vessel that heats (4) Approval of a major change to to this subpart? solid materials and produces a molten recordkeeping/reporting under (a) If you own or operate a new mass of material. § 63.10(f). A ‘‘major change to affected source, you must comply with Secondary copper smelter means a recordkeeping/reporting’’ is defined in the requirements of the General facility that processes copper scrap in a § 63.90. Provisions in 40 CFR part 63, subpart A blast furnace and converter or that uses Tables to Subpart FFFFFF of Part 63 as specified in Table 1 to this subpart. another pyrometallurgical purification (b) Your notification of compliance process to produce anode copper from As required in § 63.11157(a), you status required by § 63.9(h) must copper scrap, including low-grade must comply with the requirements of include the results of the initial copper scrap. A facility where recycled the General Provisions (40 CFR part 63, performance tests and monitoring data copper scrap or copper alloy scrap is subpart A) as shown in the following collected during the test. melted to produce ingots or for direct table.

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TABLE 1 TO SUBPART FFFFFF OF PART 63.—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART FFFFFF

Applies to Citation Subject Subpart Explanation FFFFFF?

63.1(a)(1), (a)(2), (a)(3), (a)(4), (a)(6), Applicability ...... Yes ...... (a)(10)–(a)(12) (b)(1), (b)(3), (c)(1), (c)(2), (c)(5), (e). 63.1(a)(5), (a)(7)–(a)(9), (b)(2), (c)(3), Reserved ...... No ...... (c)(4), (d). 63.2 ...... Definitions ...... Yes ...... 63.3 ...... Units and Abbreviations ...... Yes ...... 63.4 ...... Prohibited Activities and Circumvention ... Yes ...... 63.5 ...... Preconstruction Review and Notification No ...... Requirements. 63.6(a), (b)(1)–(b)(5), (b)(7), (c)(1), (c)(2), Compliance with Standards and Mainte- Yes ...... (c)(5), (e)(3)(i), (e)(3)(iii)–(e)(3)(ix), nance Requirements. (f),(g), (i), (j). 63.6(b)(6), (c)(3), (c)(4), (d), (e)(2), Reserved ...... No ...... (e)(3)(ii), (h)(3), (h)(5)(iv). 63.6(h)(1)–(h)(4), (h)(5)(i)–(h)(5)(iii), No ...... Subpart FFFFFF does not include opacity (h)(6)–(h)(9). or visible emissions standards. 63.7 ...... Performance Testing Requirements ...... Yes ...... 63.8(a)(1), (a)(2), (b), (f)(1)–(5) ...... Monitoring Requirements ...... Yes ...... 63.8(a)(3) ...... Reserved ...... No ...... 63.8(c), (d), (e), (f)(6), (g) ...... No ...... Subpart FFFFFF does not require a con- tinuous monitoring system. 63.8(a)(4) ...... No ...... Subpart FFFFFF does not require flares. 63.9(a), (b)(1), (b)(2), (b)(5), (c), (d), (e), Notification Requirements ...... Yes ...... (f), (g), (h)(1)–(h)(3), (h)(5), (h)(6),(i), (j). 63.9(b)(3), (h)(4) ...... Reserved ...... No ...... 63.9(b)(4) ...... No ...... 63.9(f) ...... No ...... Subpart FFFFFF does not include opacity or visible emissions standards. 63.9(g) ...... No ...... Subpart FFFFFF does not require a con- tinuous monitoring system. 63.10(a), (b)(2)(i)–(b)(2)(v), (b)(2)(xiv), Recordkeeping and Reporting Require- Yes ...... (d)(1), (d)(2), (d)(4), (d)(5), (e)(1), (e)(2), ments. (f). 63.10(c)(2)–(c)(4), (c)(9) ...... Reserved ...... No ...... 63.10(b)(2)(vi)–(b)(2)(xiii), (c)(1), (c)(5)– Subpart FFFFFF does not require a con- (c)(14), (e)(1)–(e)(2), (e)(4). tinuous monitoring system. 63.10(d)(3) ...... No ...... Subpart FFFFFF does not include opacity or visible emissions standards. 63.10(e)(3) ...... Yes ...... 63.11 ...... Control Device Requirements ...... No ...... Subpart FFFFFF does not require flares. 63.12 ...... State Authorities and Delegations ...... Yes ...... 63.13 ...... Addresses ...... Yes ...... 63.14 ...... Incorporations by Reference ...... Yes ...... 63.15 ...... Availability of Information and Confiden- Yes ...... tiality. 63.16 ...... Performance Track Provisions ...... Yes ......

6. Part 63 is amended by adding 63.11163 What are the standards and Applicability and Compliance Dates subpart GGGGGG to read as follows: compliance requirements for new sources? § 63.11160 Am I subject to this subpart? Subpart GGGGGG—National Emission 63.11164 What General Provisions apply to (a) You are subject to this subpart if Standards for Hazardous Air Pollutants primary zinc production facilities? you own or operate a primary zinc for Primary Nonferrous Metals Area Primary Beryllium Production Facilities production facility or primary beryllium Sources—Zinc, Cadmium, and production facility that is an area source Beryllium 63.11165 What are the standards and compliance requirements for new and of hazardous air pollutant (HAP) Sec. existing sources? emissions. Your primary zinc or 63.11166 What General Provisions apply to primary beryllium production facility is Applicability and Compliance Dates primary beryllium production facilities? an area source if it does not emit and 63.11160 Am I subject to this subpart? does not have the potential to emit Other Requirements and Information 63.11161 What are my compliance dates? either 10 tons per year (tpy) or more of 63.11167 What definitions apply to this any single HAP or 25 tpy or more of any Primary Zinc Production Facilities subpart? combination of HAP. 63.11162 What are the standards and 63.11168 Who implements and enforces compliance requirements for existing this subpart? (b) The affected source is each sources? existing or new primary zinc production

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facility or primary beryllium production chips, and/or other materials containing previous performance test conducted facility. zinc. during the past 5 years. (1) An affected source is existing if (3) 0.228 lb/hr from the vent for the (2) If you have not conducted a you commenced construction or combined exhaust from a furnace performance test to demonstrate reconstruction of the affected source melting zinc scrap and an alloy furnace. compliance with the applicable before October 6, 2006. (4) 0.014 grains per dry standard emissions limits during the past 5 years, (2) An affected source is new if you cubic foot (gr/dscf) from the exhaust you must conduct a performance test commenced construction or vent of an anode casting furnace. within 180 days of your compliance reconstruction of the affected source on (5) 0.015 gr/dscf from the exhaust date and report the results in your or after October 6, 2006. vent of a cadmium melting furnace. notification of compliance status. (c) You must establish an operating (c) If you own or operate a new or (3) You must conduct each PM test for range for pressure drop for each existing affected source, you must a furnace according to § 63.7(e)(1) using baghouse applied to a furnace subject to obtain a permit under 40 CFR part 70 or the test methods and procedures in an emissions limit in paragraph (b) of 71. paragraphs (f)(3)(i) through (v) of this this section based on the minimum and section. § 63.11161 What are my compliance maximum values recorded during a (i) Method 1 or 1A (40 CFR part 60, dates? performance test that demonstrates appendix A) to select sampling port (a) If you have an existing affected compliance with the applicable PM locations and the number of traverse source, you must achieve compliance emissions limit. Alternatively, you may points in each stack or duct. Sampling with applicable provisions in this use an operating range that has been sites must be located at the outlet of the subpart by [DATE OF PUBLICATION previously established and approved by control device (or at the outlet of the OF THE FINAL RULE IN THE Federal your permitting authority within the emissions source if no control device is Register]. If you startup a new sintering past 5 years. You must monitor the present) prior to any releases to the machine at an existing affected source pressure drop daily, maintain the atmosphere. after [DATE OF PUBLICATION OF THE pressure drop for each baghouse within (ii) Method 2, 2A, 2C, 2D, 2F, or 2G FINAL RULE IN THE Federal Register], the established operating range, and (40 CFR part 60, appendix A) to you must achieve compliance with the record the pressure drop measurement determine the volumetric flow rate of applicable provisions in this subpart not in a daily log. You must perform routine the stack gas. later than 180 days after startup. maintenance on each baghouse and (iii) Method 3, 3A, or 3B (40 CFR part (b) If you have a new affected source, record maintenance activities in a 60, appendix A) to determine the dry you must achieve compliance with baghouse maintenance log. Baghouse molecular weight of the stack gas. You applicable provisions in this subpart maintenance logs must include, but are may use ANSI/ASME PTC 19.10–1981, according to the dates in paragraphs not limited to, inspections, criteria for ‘‘Flue and Exhaust Gas Analyses’’ (b)(1) and (2) of this section. changing bag filters, and dates on which (incorporated by reference—see § 63.14) (1) If you startup a new affected the bag filters are replaced. Both logs as an alternative to EPA Method 3B. source on or before [DATE OF must be maintained in a suitable (iv) Method 4 (40 CFR part 60, PUBLICATION OF FINAL RULE IN permanent form and kept available for appendix A) to determine the moisture THE Federal Register], you must inspection. content of the stack gas. (d) If you own or operate a sintering (v) Method 5 (40 CFR part 60, achieve compliance with applicable machine at your facility, you must appendix A) to determine the PM provisions in this subpart not later than comply with the PM emissions limit in concentration for a negative pressure [DATE OF PUBLICATION OF THE 40 CFR 60.172(a) and the opacity baghouse, Method 5D (40 CFR part 60, FINAL RULE IN THE Federal Register]. emissions limit in 40 CFR 60.174(a) for appendix A) for a positive pressure (2) If you startup a new affected that sintering machine. baghouse, or an alternative method source after [DATE OF PUBLICATION (e) If you own or operate a sintering previously approved by your permitting OF THE FINAL RULE IN THE Federal machine at your facility, you must authority. A minimum of three valid test Register], you must achieve compliance install and operate a continuous opacity runs are needed to comprise a PM with applicable provisions in this monitoring system (COMS) for each performance test. subpart upon initial startup. sintering machine according to the (4) You must conduct each PM test for Primary Zinc Production Facilities requirements in 40 CFR 60.175(a). Each a sintering machine according to COMS must meet Performance § 63.7(e)(1) and 40 CFR 60.176(b)(1) § 63.11162 What are the standards and Specification 1 (40 CFR part 60, using the test methods in paragraph compliance requirements for existing appendix B). (f)(3) of this section. You must sources? (f) For each furnace at your facility, determine the PM concentration using (a) You must exhaust the off-gases you must demonstrate initial EPA Method 5 (40 CFR part 60, from each roaster to a particulate matter compliance with the applicable PM appendix A). You may use ANSI/ASME (PM) control device and to a sulfuric emissions limit in paragraph (b) of this PTC 19.10–1981, ‘‘Flue and Exhaust Gas acid plant, including during the section based on the results of a Analyses’’ (incorporated by reference— charging of the roaster. performance test for that furnace. If you see § 63.14) as an alternative to EPA (b) You must not discharge to the own or operate a sintering machine, you Method 3B. atmosphere any gases which contain PM must also demonstrate initial (5) You must conduct each opacity in excess of the emissions limits in compliance with the PM and opacity test for a sintering machine according to paragraphs (b)(1) through (5) of this emissions limits in paragraph (d) of this the requirements in § 63.6(h)(7). You section. section based on the results of a must determine the opacity of emissions (1) 0.93 pound per hour (lb/hr) from performance test for that sintering using EPA Method 9 (40 CFR part 60, the exhaust vent of a zinc cathode machine. appendix A). melting furnace. (1) You may certify initial compliance (g) For each furnace subject to an (2) 0.1 lb/hr from the exhaust vent of for a furnace (and sintering machine, if emissions limit in paragraph (b) of this a furnace that melts zinc dust, zinc applicable) based on the results of a section, you must conduct subsequent

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performance tests according to the (1) Each bag leak detection system Detection Guidance’’ (EPA–454/R–98– requirements in paragraph (f)(3) of this must meet the specifications and 015) currently available at http:// section to demonstrate compliance with requirements in paragraphs (d)(1)(i) www.epa.gov/ttn.emc01/cem/tribo.pdf. the applicable PM emissions limit for through (viii) of this section. Each monitoring plan must describe the the furnace every 5 years. (i) The bag leak detection system must items in paragraphs (d)(2)(i) through (vi) (h) You must submit a notification to be certified by the manufacturer to be of this section. your permitting authority of any capable of detecting PM emissions at (i) Installation of the bag leak deviation from the requirements of this concentrations of 1 milligram per actual detection system; subpart within 30 days after the cubic meter (0.00044 grains per actual (ii) Initial and periodic adjustment of deviation. The notification must cubic foot) or less. the bag leak detection system, including describe the probable cause of the (ii) The bag leak detection system how the alarm set-point will be deviation and any corrective actions or sensor must provide output of relative established; preventative measures taken. PM loadings. The owner or operator (iii) Operation of the bag leak (i) You must submit semiannual shall continuously record the output detection system, including quality monitoring reports to your permitting from the bag leak detection system using assurance procedures; authority containing the results for all electronic or other means (e.g., using a (iv) How the bag leak detection monitoring required by this subpart. All strip chart recorder or a data logger.) system will be maintained, including a deviations that occur during the (iii) The bag leak detection system routine maintenance schedule and spare reporting period must be clearly must be equipped with an alarm system parts inventory list; identified. that will sound when the system detects (v) How the bag leak detection system (j) You must keep records of all an increase in relative particulate output will be recorded and stored; and required monitoring data and support loading over the alarm set point (vi) Corrective action procedures as information. Support information established according to paragraph specified in paragraph (d)(3) of this includes all calibration and (d)(1)(iv) of this section, and the alarm section. In approving the site-specific maintenance records and all original must be located such that it can be monitoring plan, the Administrator or strip chart recordings for continuous heard by the appropriate plant delegated authority may allow owners monitoring instrumentation and copies personnel. and operators more than 3 hours to (iv) In the initial adjustment of the bag of all reports required by this subpart. alleviate a specific condition that causes leak detection system, you must an alarm if the owner or operator § 63.11163 What are the standards and establish, at a minimum, the baseline identifies in the monitoring plan this compliance requirements for new sources? output by adjusting the sensitivity specific condition as one that could lead (a) You must exhaust the off-gases (range) and the averaging period of the to an alarm, adequately explains why it from each roaster to a PM control device device, the alarm set points, and the is not feasible to alleviate this condition and to a sulfuric acid plant, including alarm delay time. the charging of the roaster. (v) Following initial adjustment, you within 3 hours of the time the alarm (b) You must not discharge to the shall not adjust the averaging period, occurs, and demonstrates that the atmosphere any gases which contain PM alarm set point, or alarm delay time requested time will ensure alleviation of in excess of the emissions limits in without approval from the this condition as expeditiously as paragraphs (b)(1) through (3) of this Administrator or delegated authority practicable. section. except as provided in paragraph (3) For each bag leak detection (1) 0.005 gr/dscf from the exhaust (d)(1)(vi) of this section. system, you must initiate procedures to vent of a zinc cathode melting furnace; (vi) Once per quarter, you may adjust determine the cause of every alarm scrap zinc melting furnace; furnace the sensitivity of the bag leak detection within 1 hour of the alarm. Except as melting zinc dust, zinc chips, and other system to account for seasonal effects, provided in paragraph (d)(2)(vi) of this materials containing zinc; and alloy including temperature and humidity, section, you must alleviate the cause of melting furnace. according to the procedures identified the alarm within 3 hours of the alarm by (2) 0.014 gr/dscf from the exhaust in the site-specific monitoring plan taking whatever corrective action(s) are vent of an anode casting furnace. required by paragraph (d)(2) of this necessary. Corrective actions may (3) 0.015 gr/dscf from the exhaust section. include, but are not limited to the vent of a cadmium melting furnace. (vii) You must install the bag leak following: (c) For each melting furnace, you detection sensor downstream of the (i) Inspecting the baghouse for air must install and operate a capture baghouse and upstream of any wet leaks, torn or broken bags or filter system that collects gases and fumes scrubber. media, or any other condition that may from the melting furnace and from the (viii) Where multiple detectors are cause an increase in particulate transfer of molten materials and conveys required, the system’s instrumentation emissions; the collected gases to a control device. and alarm may be shared among (ii) Sealing off defective bags or filter (d) You must install, operate, and detectors. media; maintain a bag leak detection system on (2) You must develop and submit to (iii) Replacing defective bags or filter all baghouses used to comply with the the Administrator or delegated authority media or otherwise repairing the control PM emissions limit in paragraph (b) of for approval a site-specific monitoring device; this section according to paragraph plan for each bag leak detection system. (iv) Sealing off a defective baghouse (d)(1) of this section, prepare and You must operate and maintain the bag compartment; operate by a site-specific monitoring leak detection system according to the (v) Cleaning the bag leak detection plan according to paragraph (d)(2) of site-specific monitoring plan at all system probe or otherwise repairing the this section, take corrective action times. For each bag leak detection bag leak detection system; or according to paragraph (d)(3) of this system that operates on the triboelectric (vi) Shutting down the process section, and record information effect, the monitoring plan must be producing the particulate emissions. according to paragraph (d)(4) of this consistent with the recommendations (4) You must maintain records of the section. contained in the ‘‘Fabric Filter Bag Leak information specified in paragraphs

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(d)(4)(i) through (iii) of this section for (iv) Method 4 (40 CFR part 60, Provisions in 40 CFR part 63, subpart A, each bag leak detection system. appendix A) to determine the moisture according to Table 1 to this subpart and (i) Records of the bag leak detection content of the stack gas. paragraphs (a)(1) through (3) of this system output; (v) Method 5 (40 CFR part 60, section. (ii) Records of bag leak detection appendix A) to determine the PM (1) Your notification of compliance system adjustments, including the date concentration for negative pressure status required by § 63.9(h) must and time of the adjustment, the initial baghouses or Method 5D (40 CFR part include this certification of compliance, bag leak detection system settings, and 60, appendix A) for positive pressure signed by a responsible official, for the the final bag leak detection system baghouses. A minimum of three valid work practice standards in settings; and test runs are needed to comprise a PM § 63.11162(a): ‘‘This facility complies (iii) The date and time of all bag leak performance test. with the work practice standards in detection system alarms, the time that (2) You must conduct each PM test for § 63.11162(a).’’ procedures to determine the cause of the a sintering machine according to (2) If you certify compliance with the alarm were initiated, if procedures were § 63.7(e)(1) and 40 CFR 60.176(b)(1) PM emissions limits in § 63.11162(b) initiated within 1 hour of the alarm, the using the test methods in paragraph based on a previous performance test, cause of the alarm, an explanation of the (g)(1) of this section. You must your notification of compliance status actions taken, the date and time the determine the PM concentration using required by § 63.9(h) must include this cause of the alarm was alleviated, and EPA Method 5 (40 CFR part 60, certification of compliance, signed by a if the alarm was alleviated within 3 appendix A). You may use ANSI/ASME responsible official: ‘‘This facility hours of the alarm. PTC 19.10–1981, ‘‘Flue and Exhaust Gas complies with the PM emissions limits (e) If there is a sintering machine at Analyses’’ (incorporated by reference- in § 63.11162(b) based on a previous your primary zinc production facility, see § 63.14) as an alternative to EPA performance test.’’ you must comply with the PM Method 3B. (3) If you conduct a new performance emissions limit in 40 CFR 60.172(a) and (3) You must conduct each opacity test to demonstrate compliance with the the opacity emissions limit in 40 CFR test for a sintering machine according to PM emissions limits for a furnace in 60.174(a) for that sintering machine. the requirements in § 63.6(h)(7). You § 63.11162(b), your notification of (f) If there is a sintering machine at must determine the opacity of emissions compliance status required by § 63.9(h) your primary zinc production facility, using EPA Method 9 (40 CFR part 60, must include the results of the you must install and operate a COMS appendix A). performance test, including required for each sintering machine according to (h) You must conduct subsequent monitoring data. the requirements in 40 CFR 60.175(a). performance tests according to the (b) If you own or operate a new Each COMS must meet EPA requirements in paragraph (g)(1) of this affected source, you must comply with Performance Specification 1 (40 CFR section for each furnace subject to an the requirements of the General part 60, appendix B). emissions limit in paragraph (b) of this (g) For each furnace (and sintering Provisions (40 CFR part 63, subpart A) section to demonstrate compliance at as provided in Table 1 to this subpart machine, if applicable) at your facility, least once every 5 years. you must conduct a performance test to and paragraphs (b)(1) through (4) of this (i) If you use a control device other section. demonstrate initial compliance with than a baghouse, you must prepare and each applicable PM emissions limit for (1) Your notification of compliance submit a monitoring plan to the status required in § 63.9(h) must include that furnace (and the PM and opacity Administrator for approval. Each plan limits for a sintering machine, if the results of the initial performance must contain the information in tests, including required monitoring applicable) within 180 days after startup paragraphs (i)(1) through (5) of this and report the results in your data. section. (2) Your notification of compliance notification of compliance status. (1) A description of the device; status required by § 63.9(h) must (1) You must conduct each PM test for (2) Test results collected in include this certification of compliance, a furnace according to § 63.7(e)(1) using accordance with paragraph (g) of this signed by a responsible official, for the the test methods and procedures in section verifying the performance of the work practice standard in § 63.11163(a): paragraphs (g)(1)(i) through (v) of this device for reducing PM and opacity to ‘‘This facility complies with the work section. the levels required by this subpart; practice standards in § 63.11163(a).’’ (i) Method 1 or 1A (40 CFR part 60, (3) Operation and maintenance plan appendix A) to select sampling port for the control device (including a (3) Your notification of compliance locations and the number of traverse preventative maintenance schedule status required by § 63.9(h) must points in each stack or duct. Sampling consistent with the manufacturer’s include this certification of compliance, sites must be located at the outlet of the instructions for routine and long-term signed by a responsible official, for the control device (or at the outlet of the maintenance) and continuous capture system requirements in emissions source if no control device is monitoring system; § 63.11163(c): ‘‘This facility has present) prior to any releases to the (4) A list of operating parameters that installed capture systems according to atmosphere. will be monitored to maintain § 63.11163(c).’’ (ii) Method 2, 2A, 2C, 2D, 2F, or 2G continuous compliance with the (4) If you use a baghouse that is (40 CFR part 60, appendix A) to applicable emission limits; and subject to the requirements in determine the volumetric flow rate of (5) Operating parameter limits based § 63.11163(d), your notification of the stack gas. on monitoring data collected during the compliance status required by § 63.9(h) (iii) Method 3, 3A, or 3B (40 CFR part performance test. must include this certification of 60, appendix A) to determine the dry compliance, signed by a responsible molecular weight of the stack gas. You 63.11164 What General Provisions apply official, for the bag leak detection may use ANSI/ASME PTC 19.10–1981, to primary zinc production facilities? system requirements in § 63.11163(d): ‘‘Flue and Exhaust Gas Analyses (a) If you own or operate an existing ‘‘This facility has an approved (incorporated by reference-see § 63.14) affected source, you must comply with monitoring plan in accordance with as an alternative to EPA Method 3B. the requirements of the General § 63.11163(d).’’

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(5) If you use control devices other Cadmium melting furnace means any dioxide (SO2) in the gases from the than baghouses, your notification of furnace used to melt cadmium or roaster. compliance status required by § 63.9(h) produce cadmium oxide from the Work practice standard means any must include this certification of cadmium recovered in the zinc design, equipment, work practice, or compliance, signed by a responsible production process. operational standard, or combination official for the monitoring plan Capture system means the collection thereof. requirements in § 63.11163(i): ‘‘This of equipment used to capture gases and Zinc cathode melting furnace means facility has an approved monitoring fumes released from one or more any furnace used to melt the pure zinc plan in accordance with § 63.11163(i).’’ emissions points and then convey the from the electrolytic process. captured gas stream to a control device. Primary Beryllium Production A capture system may include, but is § 63.11168 Who implements and enforces this subpart? Facilities not limited to, the following (a) This subpart can be implemented § 63.11165 What are the standards and components as applicable to a given compliance requirements for new and capture system design: duct intake and enforced by the U.S. EPA or a existing sources? devices, hoods, enclosures, ductwork, delegated authority such as a State, You must comply with the dampers, manifolds, plenums, and fans. local, or tribal agency. If the U.S. EPA requirements in 40 CFR 61.32 through Deviation means any instance in Administrator has delegated authority to 40 CFR 61.34 of the National Emission which an affected source subject to this a State, local, or tribal agency, then that Standards for Beryllium (40 CFR part subpart, or an owner or operator of such Agency has the authority to implement 61, subpart C). a source: and enforce this subpart. You should (1) Fails to meet any requirement or contact your U.S. EPA Regional Office § 63.11166 What General Provisions apply obligation established by this subpart, to find out if this subpart is delegated to primary beryllium production facilities? including but not limited to any to your State, local, or tribal agency. (a) You must comply with all of the emissions limitation or work practice (b) In delegating implementation and requirements of the General Provisions standard; enforcement authority of this subpart to in 40 CFR part 61, subpart A. (2) Fails to meet any term or condition a State, local, or tribal agency under 40 (b) You must comply with the that is adopted to implement an CFR part 63, subpart E, the authorities requirements of the General Provisions applicable requirement in this subpart contained in paragraphs (c) and (d) of in 40 CFR part 63, subpart A, that are and that is included in the operating this section are retained by the specified in paragraphs (b)(1) through permit for any affected source required Administrator of the U.S. EPA and are (4) of this section. to obtain such a permit; or not transferred to the State, local, or (1) Section 63.1(a)(1) through (10). (3) Fails to meet any emissions tribal agency. (2) Section 63.1(b) except paragraph limitation or work practice standard in (c) For primary zinc production (b)(3), § 63.1(c), and § 63.1(e). this subpart during startup, shutdown, facilities subject to this subpart, the (3) Section 63.5 (preconstruction or malfunction, regardless of whether or authorities that will not be delegated to review and notification requirements) not such failure is permitted by this State, local, or tribal agencies are listed except for the references to § 63.6 for subpart. in paragraphs (c)(1) through (5) of this compliance procedures and the Primary beryllium production facility section. references to § 63.9 for notification means any establishment engaged in the (1) Approval of an alternative non- procedures. chemical processing of beryllium ore to opacity emissions standard under (4) Section 63.6(e)(3). produce beryllium metal, alloy, or § 63.6(g). Other Requirements and Information oxide, or performing any of the (2) Approval of an alternative opacity intermediate steps in these processes. A emissions standard under § 63.6(h)(9). § 63.11167 What definitions apply to this primary beryllium production facility (3) Approval of a major change to test subpart? may also be known as an extraction methods under § 63.7(e)(2)(ii) and (f). A Terms used in this subpart are plant. ‘‘major change to test method’’ is defined in the CAA; 40 CFR 60.2; Primary zinc production facility defined in § 63.90. 60.171; 61.02; 61.31; 61.61; 63.2; and in means an installation engaged in the (4) Approval of a major change to this section as follows: production, or any intermediate process monitoring under § 63.8(f). A ‘‘major Alloy furnace means any furnace used in the production, of zinc or zinc oxide change to monitoring’’ is defined in to melt alloys or to produce zinc that from zinc sulfide ore concentrates § 63.90. contains alloys. through the use of pyrometallurgical (5) Approval of a major change to Anode casting furnace means any techniques. recordkeeping/reporting under furnace that melts materials to produce Responsible official means § 63.10(f). A ‘‘major change to the anodes used in the electrolytic responsible official as defined in 40 CFR recordkeeping/reporting’’ is defined in process for the production of zinc. 70.2. § 63.90. Bag leak detection system means a Roaster means any facility in which a (d) For primary beryllium system that is capable of continuously zinc sulfide ore concentrate charge is manufacturing facilities subject to this monitoring the relative particulate heated in the presence of air to subpart, the authorities that will not be matter (dust) loadings in the exhaust of eliminate a significant portion (more delegated to State, local, or tribal a baghouse to detect bag leaks and other than 10 percent) of the sulfur contained agencies are listed in paragraphs (d)(1) conditions that result in increases in in the charge. through (4) of this section. particulate loadings. A bag leak Sintering machine means any furnace (1) Approval of an alternative non- detection system includes, but is not in which calcines are heated in the opacity emissions standard under 40 limited to, an instrument that operates presence of air to agglomerate the CFR 61.12(d). on triboelectric, electrodynamic, light calcines into a hard porous mass called (2) Approval of a major change to test scattering, light transmittance, or other sinter. methods under 40 CFR 61.13(h). A effect to continuously monitor relative Sulfuric acid plant means any facility ‘‘major change to test method’’ is particulate matter loadings. producing sulfuric acid from the sulfur defined in § 63.90.

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(3) Approval of a major change to 61.10. A ‘‘major change to Tables to Subpart GGGGGG of Part 63 monitoring under 40 CFR 61.14(g). A recordkeeping/reporting’’ is defined in As required in § 63.11164(a) and (b), ‘‘major change to monitoring’’ is defined § 63.90. you must comply with the requirements in § 63.90. of the NESHAP General Provisions (40 (4) Approval of a major change to CFR part 63, subpart A) as shown in the recordkeeping/reporting under 40 CFR following table.

TABLE 1 TO SUBPART GGGGGG OF PART 63.—APPLICABILITY OF GENERAL PROVISIONS TO PRIMARY ZINC PRODUCTION AREA SOURCES

Applies to Citation Subject Subpart Explanation GGGGGG

63.1(a)(1), (a)(2), (a)(3), (a)(4), (a)(6), Applicability ...... Yes. (a)(10)–(a)(12), (b)(1), (b)(3), (c)(1), (c)(2), (c)(5), (e). 63.1(a)(5), (a)(7)–(a)(9), (b)(2), (c)(3), Reserved ...... No. (c)(4), (d). 63.2 ...... Definitions ...... Yes. 63.3 ...... Units and Abbreviations ...... Yes. 63.4 ...... Prohibited Activities and Circumvention ... Yes. 63.5 ...... Preconstruction Review and Notification No. Requirements. 63.6(a), (b)(1)–(b)(5), (b)(7), (c)(1), (c)(2), Compliance with Standards and Mainte- Yes. (c)(5), (e)(1), (e)(3)(i), (e)(3)(iii)– nance Requirements. (e)(3)(ix), (f), (g), (h)(1), (h)(2),(h)(5)– (h)(9), (i), (j). 63.6(b)(6), (c)(3), (c)(4), (d), (e)(2), Reserved ...... No. (e)(3)(ii), (h)(3), (h)(5)(iv). 63.7(a), (e), (f), (g), (h) ...... Performance Testing Requirements ...... Yes. 63.7(b), (c)...... Yes/No ..... Notification of performance tests and quality assurance program apply to new sources but not existing sources. 63.8(a)(1), (a)(2), (b), (c), (f), (g) ...... Monitoring Requirements ...... Yes ...... Requirements in § 63.6(c)(4)(i)–(ii), (c)(5), (c)(6), (d), (e), (f)(6), and (g) apply if a COMS is used. 63.8(a)(3) ...... Reserved ...... No. 63.8(a)(4) ...... No ...... Subpart GGGGGG does not require flares. 63.8(d), (e) ...... Yes/No ..... Requirements for quality control program and performance evaluations apply to new sources but not existing sources. 63.9(a), (b)(1), (b)(2), (b)(5), (c), (d), (f), Notification Requirements...... Yes/No ..... Notification of performance tests and (g), (h)(1)–(h)(3), (h)(5), (h)(6), (i), (j). opacity or visible emissions observa- tions apply to new sources but not ex- isting sources. 63.9(b)(3), (h)(4) ...... Reserved ...... No. 63.9(b)(4) ...... No. 63.10(a), (b)(1), (b)(2)(i)–(v), (d)(4), Recordkeeping and Reporting Require- Yes. (d)(5)(i), (f). ments. 63.10(b)(2), (b)(3), (c)(1), (c)(5)–(c)(8), Yes/No ..... Recordkeeping and reporting require- (c)(10)–(c)(15), (d)(1)–(d)(3), (d)(5)(ii), ments apply to new sources but not ex- (e)(1), (e)(2), (e)(4). isting sources. 63.10(c)(2)–(c)(4), (c)(9) ...... Reserved ...... No. 63.10(e)(3) ...... Yes/No ..... Reporting requirements apply to new sources but not existing sources 63.11 ...... Control Device Requirements ...... No ...... Subpart GGGGGG does not require flares. 63.12 ...... State Authorities and Delegations ...... Yes. 63.13 ...... Addresses ...... Yes. 63.14 ...... Incorporations by Reference ...... Yes. 63.15 ...... Availability of Information and Confiden- Yes. tiality. 63.16 ...... Performance Track Provisions ...... Yes.

[FR Doc. 06–8434 Filed 10–5–06; 8:45 am] BILLING CODE 6560–50–P

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