

[Federal Register: February 13, 2006 (Volume 71, Number 29)]
[Rules and Regulations]               
[Page 7415-7441]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13fe06-9]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[OAR-2002-0088, FRL-8008-2]
RIN 2060-AM90

 
National Emission Standards for Hazardous Air Pollutants for 
Refractory Products Manufacturing

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule; amendments.

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SUMMARY: The EPA is taking direct final action on amendments to the 
national emission standards for hazardous air pollutants (NESHAP) for 
new and existing refractory products manufacturing facilities, which 
were promulgated on April 16, 2003, under section 112(d) of the Clean 
Air Act (CAA). The amendments clarify the testing and monitoring 
requirements and startup and shutdown requirements for batch processes, 
make certain technical corrections, and add recent changes to be 
consistent with the NESHAP General Provisions.

DATES: The direct final rule is effective on April 14, 2006 without 
further notice, unless adverse comments are received by March 15, 2006 
or by March 30, 2006 if a public hearing is requested. If we receive 
such comment, we will publish a timely withdrawal in the Federal 
Register indicating which amendments will become effective and which 
amendments are being withdrawn due to adverse comment.

ADDRESSES: Submit your comments, identified by Docket ID No. OAR-2002-
0088, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 

Follow the on-line instructions for submitting comments.
     Agency Web site: http://www.epa.gov/edocket. EDOCKET, 

EPA's electronic public docket and comment

[[Page 7416]]

system, is EPA's preferred method for receiving comments. Follow the 
on-line instructions for submitting comments.
     E-mail: 
a-and-r-docket@epa.gov and fairchild.susan@epa.gov.


     Fax: (202) 566-1741 and (919) 541-5600.
     Mail: U.S. Postal Service, send comments to: EPA Docket 
Center (6102T), Attn: Docket ID No. OAR-2002-0088, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460. Please include a total of two copies.
     Hand Delivery: In person or by courier, deliver comments 
to: EPA Docket Center (6102T), Attention Docket ID No. OAR-2002-0088, 
1301 Constitution Avenue, NW., Room B-108, Washington, DC 20004. Such 
deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information. Please include a total of two copies.
    Instructions: Direct your comments to Docket ID No. OAR-2002-0088. 
The EPA's policy is that all comments received will be included in the 
public docket without change and may be made available online at http://www.epa.gov/edkpub/index.jsp
, including any personal information 

provided, unless the comment includes information claimed to be 
confidential business information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through EDOCKET, 
regulations.gov, or e-mail. Send or deliver information identified as 
CBI only to the following address: Mr. Roberto Morales, OAQPS Document 
Control Officer, EPA (C404-02), Attention Docket ID No. OAR-2002-0088, 
Research Triangle Park, NC 27711. Clearly mark the part or all of the 
information that you claim to be CBI. The EPA EDOCKET and the Federal 
regulations.gov websites are ``anonymous access'' systems, which means 
EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an e-mail comment 
directly to EPA without going through EDOCKET or regulations.gov, your 
e-mail address will be automatically captured and included as part of 
the comment that is placed in the public docket and made available on 
the Internet. If you submit an electronic comment, EPA recommends that 
you include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
information about EPA's public docket visit EDOCKET on-line or see the 
Federal Register of May 31, 2002 (67 FR 38102).
    Docket: All documents in the docket are listed in the EDOCKET index 
at http://www.epa.gov/edkpub/index.jsp. Although listed in the index, 

some information is not publicly available, i.e., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either electronically in 
EDOCKET or in hard copy form at the EPA Docket Center, Docket ID No. 
OAR-2002-0088, EPA West Building, Room B-102, 1301 Constitution Ave., 
NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 
4:30 p.m., Monday through Friday, excluding legal holidays. The 
telephone number for the Public Reading Room is (202) 566-1744, and the 
telephone number for the EPA Docket Center is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: For further information contact Susan 
Fairchild, EPA, Office of Air Quality Planning and Standards, Emission 
Standards Division, Minerals and Inorganic Chemicals Group (C504-05), 
Research Triangle Park, NC 27711; telephone number (919) 541-5167; fax 
number (919) 541-5600; e-mail address: fairchild.susan@epa.gov.

SUPPLEMENTARY INFORMATION:
    Regulated Entities. Categories and entities potentially regulated 
by this action include those listed in the following table:

                                       Table 1.--Regulated Entities Table
----------------------------------------------------------------------------------------------------------------
            Category               NAICS*                      Examples of regulated entities
----------------------------------------------------------------------------------------------------------------
Industrial.....................     327124  Clay refractories manufacturing plants.
Industrial.....................     327125  Nonclay refractories manufacturing plants.
----------------------------------------------------------------------------------------------------------------
*North American Industry Classification System

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. To determine whether your facility is regulated by this action, 
you should examine the applicability criteria in 40 CFR 63.9782 of the 
Refractory Products Manufacturing NESHAP. If you have any questions 
regarding the applicability of this action to a particular entity, 
consult the person listed in the preceding FOR FURTHER INFORMATION 
CONTACT section.
    Worldwide Web (WWW). In addition to being available in the docket, 
an electronic copy of today's document will also be available on the 
http://WWW. Following the Administrator's signature, a copy of this action 

will be posted at http://www.epa.gov/ttn/oarpg on EPA's Technology 

Transfer Network (TTN) policy and guidance page for newly proposed or 
promulgated rules. The TTN provides information and technology exchange 
in various areas of air pollution control.
    Comments. We are publishing the direct final rule without prior 
proposal because we view the amendments as noncontroversial and do not 
anticipate adverse comments because the amendments clarify several of 
the requirements of the NESHAP, bring the NESHAP into consistency with 
the General Provisions to 40 CFR part 63, and make technical 
corrections to the NESHAP. However, in the Proposed Rules section of 
this Federal Register, we are publishing a separate document that will 
serve as the proposal to amend the NESHAP for refractory products 
manufacturing facilities if adverse comments are filed. If we receive 
adverse comment on one or more distinct amendments, we will publish a 
timely withdrawal in the Federal Register informing the public which 
amendments will become effective, and which amendments are being 
withdrawn due to adverse comment. We will address all public comments 
on withdrawn amendments in a subsequent final rule. We will not 
institute a second comment period on this action. Any parties 
interested in commenting must do so at this time.

[[Page 7417]]

    Judicial Review. Under section 307(b)(1) of the CAA, judicial 
review of the direct final rule amendments is available only by filing 
a petition for review in the United States Court of Appeals for the 
District of Columbia Circuit by April 14, 2006. Under section 
307(d)(7)(B) of the CAA, only an objection to the direct final rule 
which was raised with reasonable specificity during the period for 
public comment can be raised during judicial review. Moreover, under 
section 307(b)(2) of the CAA, the requirements established by the 
direct final rule may not be challenged separately in any civil or 
criminal proceedings brought by EPA to enforce these requirements.
    Outline. The information presented in this preamble is organized as 
follows:

I. Background
II. Amendments to 40 CFR Part 63, Subpart SSSSS
    A. Emission Testing
    B. Control Device Operation
    C. Operating Limits
    D. Monitoring
    E. Other Changes
III. Statutory and Executive Order Reviews
    A. Executive Order 12866, Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132, Federalism
    F. Executive Order 13175, Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045, Protection of Children From 
Environmental Health Risks and Safety Risks
    H. Executive Order 13211, Actions That Significantly Affect 
Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Congressional Review Act

I. Background

    The EPA promulgated the NESHAP for new and existing refractory 
products manufacturing facilities on April 16, 2003 (68 FR 18730) as 40 
CFR part 63, subpart SSSSS. Shortly after promulgation of the 
Refractory Products Manufacturing NESHAP, EPA also promulgated 
amendments to the General Provisions to 40 CFR part 63 (68 FR 32586, 
May 30, 2003). After reviewing the final amendments to the General 
Provisions and comparing those to the Refractory Products Manufacturing 
NESHAP, we discovered discrepancies between sections of the General 
Provisions as cited in the NESHAP and the newly amended sections of the 
General Provisions. We also identified minor technical errors and other 
specific sections of the Refractory Products Manufacturing NESHAP that 
needed clarification. Today's action includes amendments to the 
Refractory Products Manufacturing NESHAP that clarify the requirements 
for testing, control device operation, operating limits, and 
monitoring.

II. Amendments to 40 CFR Part 63, Subpart SSSSS

A. Emission Testing

    The Refractory Products Manufacturing NESHAP specify several 
requirements that pertain to the testing of batch process sources. 
Because emissions of hazardous air pollutants (HAP) from a batch 
process source can vary significantly over the course of a batch cycle, 
the NESHAP specify emission limits in terms of the peak emissions 
period. In today's action, we are revising the definition of the peak 
emissions period in terms of the applicable emission limits to include 
separate definitions for the 3-hour peak total hydrocarbons (THC) mass 
emissions period, which applies to batch process sources that comply 
with the THC percentage reduction limit; the 3-hour peak THC emissions 
concentration period, which applies to batch sources that satisfy the 
THC emission concentration limit; and the 3-hour peak hydrogen fluoride 
(HF) mass emissions period, which pertains to the emission limits for 
batch process clay refractory products kilns. All references to the 
peak emissions period in the tables to 40 CFR part 63, subpart SSSSS, 
have been revised for consistency.
    The NESHAP include provisions to allow the owner or operator of an 
affected batch process source to develop an emissions profile and use 
the profile to limit emissions testing to the peak emissions period. In 
today's action, we are amending 40 CFR 63.9802 to clarify that 
emissions profiles for sources subject to the THC emission limits must 
be developed using data collected at the maximum organic HAP processing 
rate. This amendment also clarifies that a new emissions profile must 
be developed if a facility wants to use an emissions profile to limit 
testing to the peak emissions period at a process, but increases its 
maximum organic HAP processing rate at that process. In addition, we 
are amending 40 CFR 63.9802 to clarify that emissions profiles for 
batch process clay refractory kilns must be developed using data from 
when the kiln is processing the clay refractory product with the 
highest uncalcined clay processing rate.
    We are amending 40 CRF 63.9798(a) to eliminate the reference to 
permit renewal, and stating that subsequent performance tests must be 
conducted at least every 5 years. Item 1(b)(i)(1) of Table 4 to Subpart 
SSSSS of Part 63 is amended to clarify that a sampling port is also 
required at the control device inlet if the owner or operator plans to 
develop an emissions profile or use the provision for reducing the 
operating temperature of a thermal or catalytic oxidizer on an affected 
batch process source. In both cases, sampling is required at the 
control device inlet. Item 8(a)(i)(5) of Table 4 to Subpart SSSSS of 
Part 63 is amended to specify the THC concentration in terms of the 
outlet of the control device. We also made other minor changes to this 
provision in Table 4 to simplify the wording.
    Item 13 of Table 4 to Subpart SSSSS of Part 63 is amended to 
eliminate the reference to the THC percentage reduction limit. We have 
clarified that regardless of which THC emission limit applies to a 
specific source, the owner or operator of the source must measure not 
only the THC concentration, but also the oxygen concentration at the 
control device inlet for at least the 1-hour period that immediately 
follows the temperature reduction. This measurement is necessary for 
demonstrating that the source is meeting the limit of 20 parts per 
million dry volume (ppmvd) THC, corrected to 18 percent oxygen, after 
the oxidizer temperature has been reduced.
    Item 13.a.5 of Table 4 to Subpart SSSSS of Part 63 is amended to 
clarify that only the THC emissions concentration limit applies 
following any reduction in the oxidizer temperature. We received 
comment on the proposed rule (67 FR 42108, June 20, 2002) requesting a 
second emission limit be allowed for sources wanting to meet a 
percentage reduction limit rather than an emission concentration limit. 
The commenter believed that since EPA had promulgated percentage 
reduction limits for other MACT standards to reduce emissions of THC, 
and since air pollution control devices are usually rated and installed 
with a minimum percent reduction achieved by the devices, that emission 
limit would be simpler to meet. At promulgation of the final rule (68 
FR 18730, April 16, 2003), we changed the rule to allow regulated 
sources to meet either the percentage reduction limit or the 
concentration limit.
    In the final rule, we allowed the choice between either the 
percentage reduction limit or the concentration limit, but required 
owners and operators to meet the selected emission limit during all 
times of operation. We also allowed owners and operators the option to 
turn off the control device when it was no longer needed. However, for 
those owners or operators

[[Page 7418]]

meeting the percentage reduction compliance option, it is not possible 
to meet that limit if the control device is not in operation. We 
believe that conserving energy is a beneficial option for all owners 
and operators, and regardless of the compliance option selected, all 
should have the opportunity to benefit from turning off the control 
device when it is no longer needed. Thus, we are clarifying that 
whether an owner or operator shows compliance with the percentage 
reduction limit or the concentration limit, compliance with the rule 
for a unit with a control device no longer in operation may only be 
demonstrated by meeting the concentration limit; that is, when the THC 
emissions are below 20 ppmvd corrected to 18 percent oxygen from the 
heated process unit. Owners and operators in this case may choose to 
meet the percentage reduction limit before turning off the control 
device and may show compliance with the concentration limit after 
turning off the control device.
    Item 14(a)(i)(1) of Table 4 to Subpart SSSSS of Part 63 is amended 
to specify that the performance tests must be performed while 
processing the clay refractory product with the highest uncalcined clay 
processing rate.

B. Control Device Operation

    Refractory products manufacturing plants typically produce a wide 
range of products, some of which may contain organic HAP binders or 
additives, while other products may contain only inorganic binders or 
additives that do not contain or form HAP. Many plants do not have 
dedicated thermal process units (e.g., dryers and kilns) for each type 
of product they manufacture and instead, use the same process units to 
manufacture products that emit HAP and products that do not contain or 
emit HAP. Recognizing this situation, we are amending 40 CFR 63.9792 of 
the NESHAP to clarify that control devices used to comply with the 
emission limits established by 40 CFR part 63, subpart SSSSS, do not 
have to be operated when an otherwise affected process unit is 
processing products that do not contain or release HAP. This amendment 
applies to sources subject to the THC emission limits as well as the 
emission limits for HF and hydrogen chloride (also known as 
hydrochloric acid).
    Table 3 to Subpart SSSSS of Part 63, which specifies work practice 
standards, includes several options for controlling emissions of 
polycyclic organic matter from shape preheaters and pitch working tanks 
used in the manufacture of pitch-impregnated refractory products. 
Options include exhausting the affected source to a thermal or 
catalytic oxidizer that is comparable to a thermal or catalytic 
oxidizer that is used to meet the emission limits for an affected 
defumer or coking oven. To clarify what is meant by a ``comparable'' 
thermal or catalytic oxidizer, we are amending 40 CFR 63.9824 to 
include a definition of ``comparable control device.''

C. Operating Limits

    The Refractory Products Manufacturing NESHAP refer to the operating 
limit as the ``maximum allowable organic HAP processing rate.'' We are 
amending the definition of maximum organic HAP processing rate in 40 
CFR 63.9824 to distinguish between the operating limit and the actual 
processing rate measured during the performance test.
    The Refractory Products Manufacturing NESHAP include several 
operating limits for clay refractory products kilns that are controlled 
by dry limestone adsorbers (DLA). We are amending the NESHAP to 
eliminate the operating limits of maintaining free-flowing limestone 
throughout the DLA because the term ``free-flowing'' may not be 
appropriate for the grade of limestone used in DLA. The remaining 
operating limits specified for DLA in the NESHAP are adequate for 
ensuring compliance with the emission limits for clay refractory 
products kilns.
    As specified in Table 2 (Requirements for Establishing Operating 
Limits) of the rule, Subpart SSSSS of Part 63, owners and operators of 
certain thermal process sources of organic HAP are required to 
establish an operating limit for the maximum organic HAP processing 
rate. The organic HAP processing rate is a function of the amount of 
organic HAP in the raw materials and the amounts of those raw materials 
in the refractory product formulation. Because there are minor 
variations in the content of organic HAP in a specific binder or 
additive, the operating limit for the maximum organic HAP processing 
rate can inadvertently be exceeded without changing the product 
formulation. In today's action, we are amending the procedure for 
establishing the operating limit and clarifying that minor exceedances 
of the maximum organic HAP processing rate established during the 
performance test are not violations of the operating limit. 
Specifically, we are amending items 3(b) and 8(b) of Table 4 
(Requirements for Performance Tests) to Subpart SSSSS of Part 63 to be 
consistent with the requirements in Table 2 that reflect a 10 percent 
allowance when calculating the operating limit.
    Today's action amends the procedures for determining minimum 
temperature operating limits for thermal and catalytic oxidizers that 
are used to control emissions from certain batch process sources of 
organic HAP as they pertain to sources that comply with the provisions 
for reducing the operating temperature of a thermal or catalytic 
oxidizer.
    We are also amending subpart SSSSS to clarify that owners or 
operators of batch process sources controlled with thermal or catalytic 
oxidizers must measure the oxidizer operating temperature throughout 
each entire test run.

D. Monitoring

    The Refractory Products Manufacturing NESHAP require THC continuous 
emission monitoring systems on thermal process sources of organic HAP 
that use process changes or control devices other than thermal or 
catalytic oxidizers to meet the THC emission limits. We are amending 40 
CFR 63.9800(i)(1) by adding a reference to sources that use process 
changes to meet the emission limits.
    We are also amending 40 CFR 63.9800(i) to state that such sources 
must maintain the 3-hour block average THC concentration at or below 20 
ppmvd, corrected to 18 percent oxygen.
    Today's action amends the definition of ``deviation'' in 40 CFR 
63.9824 to include failure to provide adequate continuous monitoring 
systems (CMS) data for demonstrating compliance with any emission limit 
or other requirement. In addition, we are amending the requirement that 
the owner or operator of an affected source that is required to use a 
CMS to meet an operating limit must report any deviations from those 
operating limits.

E. Other Changes

    We are amending the Refractory Products Manufacturing NESHAP to 
include definitions for Shutdown and Startup to preclude unnecessary 
reporting of batch process source operation.

III. Statutory and Executive Order Reviews

A. Executive Order 12866, Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), EPA 
must determine whether the regulatory action is ``significant'' and, 
therefore, subject to review by the Office of Management and Budget 
(OMB) and the requirements of the Executive Order. The Executive Order 
defines ``significant regulatory

[[Page 7419]]

action'' as one that is likely to result in a rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs, or the rights and obligation of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    Pursuant to the terms of Executive Order 12866, it has been 
determined that this rule is a ``significant regulatory action'' 
because it raises novel legal or policy issues arising out of legal 
mandates. As such, this action was submitted to OMB for review. Changes 
made in response to OMB suggestions or recommendations will be 
documented in the public record.

B. Paperwork Reduction Act

    This action does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501, et seq. 
The OMB approved the information collection requests for the NESHAP for 
refractory products manufacturing pursuant to the provisions of the 
Paperwork Reduction Act, 44 U.S.C. 3501, et seq. The OMB assigned OMB 
control number 2060-0515 (EPA ICR No. 2040.02) to these information 
collection requests (ICR). A copy of the ICR may be obtained from Susan 
Auby by mail at the Office of Environmental Information, Collection 
Strategies Division (2822T), EPA, 1200 Pennsylvania Ave., NW, 
Washington, DC 20460; by e-mail at auby.susan@epa.gov; or by calling 
(202) 566-1672. You may also download a copy off the Internet at http://www.epa.gov/icr
.

    Today's action makes clarifying changes to the NESHAP for 
refractory products manufacturing and imposes no new information 
collection requirements on the industry. Because there is no additional 
burden on the industry as a result of the direct final rule amendments, 
the ICR has not been revised.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements; 
train personnel to be able to respond to a collection of information; 
search data sources; complete and review the collection of information; 
and transmit or otherwise disclose the information.
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a current 
valid OMB control number. The OMB control numbers for EPA's regulations 
are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    EPA has determined that it is not necessary to prepare a regulatory 
flexibility analysis in connection with this final rule.
    For purposes of assessing the impacts of today's rule on small 
entities, small entity is defined as: (1) A small business as defined 
by the Small Business Administrations' regulations at 13 CFR 121.201; 
(2) a small governmental jurisdiction that is a government of a city, 
county, town, school district or special district with a population of 
less than 50,000; and (3) a small organization that is any not-for-
profit enterprise which is independently owned and operated and is not 
dominant in its field.
    After considering the economic impacts of today's direct final rule 
amendments on small entities, EPA has concluded that this action will 
not have a significant economic impact on a substantial number of small 
entities. This action includes minor corrections and clarifications to 
the Refractory Products Manufacturing NESHAP that do not add any 
additional requirements.
    Although the direct final rule amendments will not have a 
significant economic impact on a substantial number of small entities, 
EPA nonetheless has tried to reduce the impact of the direct final rule 
amendments on small entities. The EPA has limited the amendments to 
changes that clarify ambiguities of the Refractory Products 
Manufacturing NESHAP, correct citations to the General Provisions, and 
clarify the complex batch testing requirements of the Refractory 
Products Manufacturing NESHAP. The EPA believes that the amendments 
will simplify the NESHAP and will not add additional burden to 
regulated entities.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law No. 104-4, establishes requirements for Federal agencies to assess 
the effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures by State, local, and tribal governments, in 
the aggregate, or by the private sector, of $100 million or more in any 
1 year. Before promulgating an EPA rule for which a written statement 
is needed, section 205 of the UMRA generally requires EPA to identify 
and consider a reasonable number of regulatory alternatives and adopt 
the least costly, most cost-effective, or least burdensome alternative 
that achieves the objectives of the rule. The provisions of section 205 
do not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective, or least burdensome alternative if the 
Administrator publishes with the final rule an explanation why that 
alternative was not adopted. Before EPA establishes any regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal governments, it must have developed under 
section 203 of the UMRA a small government agency plan. The plan must 
provide for notifying potentially affected small governments, enabling 
officials of affected small governments to have meaningful and timely 
input in the development of EPA's regulatory proposals with significant 
Federal intergovernmental mandates, and informing, educating, and 
advising small governments on compliance with the regulatory 
requirements.
    The EPA has determined that today's direct final rule amendments do 
not contain a Federal mandate that may result in expenditures of $100 
million or more for State, local, and tribal governments, in the 
aggregate, or the private sector in any 1 year, nor do the direct final 
rule amendments significantly or uniquely impact small governments 
because there are no requirements that apply to such governments or 
impose obligations upon them. Thus, today's direct final rule 
amendments are not subject to the

[[Page 7420]]

requirements of sections 202 and 205 of the UMRA.

E. Executive Order 13132, Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' is defined in the 
Executive Order to include regulations that have ``substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.''
    The direct final rule amendments do not have federalism 
implications. They will not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132. 
None of the affected facilities are owned or operated by State or local 
governments, and the direct final rule amendments will not supercede 
State regulations that are more stringent. Thus, Executive Order 13132 
does not apply to the direct final rule amendments.

F. Executive Order 13175, Consultation and Coordination With Indian 
Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' The direct final rule 
amendments do not have tribal implications, as specified in Executive 
Order 13175. They will not have substantial direct effects on tribal 
governments, on the relationship between the Federal government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal government and Indian tribes, as specified in 
Executive Order 13175. No tribal governments own or operate refractory 
products manufacturing facilities. Thus, Executive Order 13175 does not 
apply to the direct final rule amendments.

G. Executive Order 13045, Protection of Children From Environmental 
Health Risks and Safety Risks

    Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any 
rule that: (1) Is determined to be ``economically significant'' as 
defined under Executive Order 12866 and (2) concerns an environmental 
health or safety risk that EPA has reason to believe may have a 
disproportionate effect on children. If the regulatory action meets 
both criteria, the Agency must evaluate the environmental health or 
safety effects of the planned rule on children, and explain why the 
planned rule is preferable to other potentially effective and 
reasonably feasible alternatives considered by the Agency.
    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that are based on health or safety risks, such that 
the analysis required under section 5-501 of the Executive Order has 
the potential to influence the regulation. Today's direct final rule 
amendments are not subject to Executive Order 13045 because they are 
based on technology performance and not on health or safety risks. In 
addition, the direct final rule amendments have been determined not to 
be ``economically significant'' as defined under Executive Order 12866.

H. Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This rule is not a ``significant regulatory action'' as defined in 
Executive Order 13211 (66 FR 28355, May 22, 2001) because it is not 
likely to have a significant adverse effect on the supply, 
distribution, or use of energy. We have concluded that the direct final 
rule amendments are not likely to have any adverse energy effects.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act (NTTAA) of 1995, Public Law No. 104-113; 12(d) (15 U.S.C. 272 note) 
directs EPA to use voluntary consensus standards (VCS) in its 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. The VCS are technical 
standards (e.g., materials specifications, test methods, sampling 
procedures, and business practices) that are developed or adopted by 
VCS bodies. The NTTAA directs EPA to provide Congress, through the OMB, 
explanations when the Agency decides not to use available and 
applicable VCS.
    The direct final rule amendments implement clarifications and 
corrections to the NESHAP for refractory product manufacturing, but do 
not change any technical standards. Therefore, EPA did not consider the 
use of any VCS.

J. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801, et seq., as added by 
the Small Business Regulatory Enforcement Fairness Act of 1996, 
generally provides that before a rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to each House of the Congress and to the Comptroller 
General of the United States. The EPA will submit a report containing 
the direct final rule amendments and other required information to the 
United States Senate, the United States House of Representatives, and 
the Comptroller General of the United States prior to publication of 
the direct final rule amendments in the Federal Register. A major rule 
cannot take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2). The direct final rule amendments are effective on April 14, 
2006.

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Hazardous substances, Intergovernmental 
relations, Reporting and recordkeeping requirements.

    Dated: December 7, 2005.
Stephen L. Johnson,
Administrator.

0
For the reasons stated in the preamble, title 40, chapter I, part 63 of 
the Code of Federal Regulations is amended as follows:

PART 63--[AMENDED]

0
1. The authority citation for part 63 continues to read as follows:

    Authority: 42 U.S.C. 7401, et seq.

Subpart SSSSS--[Amended]

0
2. Section 63.9792 is amended as follows:
0
a. Revising paragraph (b);
0
b. Redesignating paragraph (f) as paragraph (g); and
0
c. Adding a new paragraph (f).


Sec.  63.9792  What are my general requirements for complying with this 
subpart?

* * * * *
    (b) Except as specified in paragraphs (e) and (f) of this section, 
you must

[[Page 7421]]

always operate and maintain your affected source, including air 
pollution control and monitoring equipment, according to the provisions 
in Sec.  63.6(e)(1)(i). During the period between the compliance date 
specified for your affected source in Sec.  63.9786 and the date upon 
which continuous monitoring systems have been installed and validated 
and any applicable operating limits have been established, you must 
maintain a log detailing the operation and maintenance of the process 
and emissions control equipment.
* * * * *
    (f) For any affected source that is subject to any of the emission 
limits specified in Table 1 to this subpart, you do not have to operate 
the control device on that affected source under the conditions 
specified in paragraphs (f)(1) and (2) of this section.
    (1) For any source that is subject to the THC emissions 
concentration limit or the THC percentage reduction limit, you do not 
have to operate the control device on that source when none of the 
refractory products that are being processed by that source contain or 
form an organic HAP.
    (2) For any new clay refractory products kiln that is subject to 
the production-based mass emission limits or the percentage reduction 
limits for hydrogen flouride (HF) and hydrogen chloride (HCl), you do 
not have to operate the control device on that kiln when none of the 
refractory products that are being processed by that kiln are clay 
refractory products, as defined in Sec.  63.9824.
* * * * *

0
3. Section 63.9798 is amended as follows:
0
a. Revising paragraph (a);
0
b. Revising paragraph (c) introductory text; and
0
c. Revising paragraphs (c)(2) and (d).


Sec.  63.9798  When must I conduct subsequent performance tests?

    (a) You must conduct a performance test at least every 5 years 
following the initial performance test.
* * * * *
    (c) If you own or operate a source that is subject to the emission 
limits specified in items 2 through 9 of Table 1 to this subpart, you 
must conduct a performance test on the source(s) listed in paragraphs 
(c)(1) and (2) of this section before you start production of any 
refractory product for which the organic HAP processing rate is likely 
to exceed the maximum allowable organic HAP processing rate, as defined 
in items 3(b) and 8(b) of Table 4 to this subpart, established during 
the most recent performance test on that same source.
* * * * *
    (2) Each affected kiln that follows an affected shape dryer or 
curing oven in the same process line and is used to process the 
refractory product with the higher organic HAP processing rate.
    (d) If you own or operate a kiln that is subject to the emission 
limits specified in item 5 or 9 of Table 1 to this subpart, you must 
conduct a performance test on the affected kiln following any process 
changes that are likely to increase organic HAP emissions from the kiln 
(e.g., a decrease in the curing cycle time for a curing oven that 
precedes the affected kiln in the same process line).
* * * * *

0
4. Section 63.9800 is amended as follows:
0
a. Revising paragraph (g)(1);
0
b. Revising paragraph (g)(3);
0
c. Revising paragraph (i)(1) introductory text; and
0
d. Adding paragraphs (i)(1)(iv) to (vi).


Sec.  63.9800  How do I conduct performance tests and establish 
operating limits?

* * * * *
    (g) * * *
    (1) To determine compliance with the total hydrocarbon (THC) 
emission concentration limit listed in Table 1 to this subpart, you 
must calculate your emission concentration corrected to 18 percent 
oxygen for each test run using Equation 1 of this section:
[GRAPHIC] [TIFF OMITTED] TR13FE06.000

    Where:

CTHCC = THC concentration, corrected to 18 percent oxygen, 
parts per million by volume, dry basis (ppmvd)
CTHC = THC concentration (uncorrected), ppmvd
CO2 = Oxygen concentration, percent
* * * * *
    (3) To determine compliance with production-based HF and HCl 
emission limits in Table 1 to this subpart, you must calculate your 
mass emissions per unit of uncalcined clay processed for each test run 
using Equation 3 of this section:
[GRAPHIC] [TIFF OMITTED] TR13FE06.001

    Where:

MP = mass emissions of specific HAP (HF or HCl) per unit of production, 
kilograms of pollutant per megagram (pounds per ton) of uncalcined clay 
processed
ER = mass emissions rate of specific HAP (HF or HCl) during each 
performance test run, kilograms (pounds) per hour
P = average uncalcined clay processing rate for the performance test, 
megagrams (tons) of uncalcined clay processed per hour
* * * * *
    (i) * * *
    (1) For sources subject to the THC concentration limit specified in 
item 3, 4, 7, or 8 of Table 1 to this subpart, you must satisfy the 
requirements specified in paragraphs (i)(1)(i) through (vi) of this 
section.
* * * * *
    (iv) You must meet the data reduction requirements specified in 
Sec.  63.8(g).
    (v) You must maintain the 3-hour block average THC concentration at 
or below 20 ppmvd, corrected to 18 percent oxygen.
    (vi) To calculate the oxygen correction specified in paragraph 
(i)(1)(v) of this section, you may use oxygen concentration 
measurements concurrent with THC concentration measurements, the 
average oxygen concentration measured during the most recent 
performance test on the affected source, or other oxygen concentration 
measurements that are representative of normal operation for the 
affected source.
* * * * *

0
5. Section 63.9802 is revised to read as follows:


Sec.  63.9802  How do I develop an emissions profile?

    (a) If you decide to develop an emissions profile for an affected 
batch process source, as indicated in item 8(a)(i)(4) or 17(b)(i)(4) of 
Table 4 to this subpart, you must measure and record mass emissions of 
the applicable pollutant throughout a complete batch cycle of the 
affected batch process source according to the procedures described in 
paragraph (a)(1) or (2) of this section.
    (1) If your affected batch process source is subject to the THC 
concentration limit specified in item 6(a), 7(a), 8, or 9 of Table 1 to 
this subpart or the THC percentage reduction limit specified in item 
6(b) or 7(b) of Table 1 to this subpart, you must measure and record 
the THC mass emissions rate at the inlet to the control device using 
the test methods, averaging periods, and procedures specified in items 
10(a) and (b) of Table 4 to this subpart for each complete hour of the 
batch process cycle and while the source is processing the product with 
the maximum organic HAP processing rate.

[[Page 7422]]

    (2) If your affected batch process source is subject to the HF and 
HCl percentage reduction emission limits in item 11 of Table 1 to this 
subpart, you must measure and record the HF mass emissions rate at the 
inlet to the control device through a series of 1-hour test runs using 
one of the test methods specified in item 14(a) of Table 4 to this 
subpart for each complete hour of the batch process cycle and while the 
source is processing the product with the highest uncalcined clay 
processing rate.
    (b) You must develop a new emissions profile if you meet all of the 
conditions specified in paragraphs (b)(1) through (3) of this section.
    (1) You own or operate a batch process source that is subject to 
the emission limits specified in item 6(a), 6(b), 7(a), 7(b), 8, or 9 
of Table 1 to this subpart.
    (2) You use an emissions profile to limit emission testing to the 
3-hour peak emissions period.
    (3) You begin manufacturing a new refractory product for which the 
organic HAP processing rate is likely to exceed the maximum allowable 
organic HAP processing rate established during the most recent 
performance test on that same source.

0
6. Section 63.9812 is amended by revising paragraphs (b) and (c) to 
read as follows:


Sec.  63.9812  What notifications must I submit and when?

* * * * *
    (b) As specified in Sec.  63.9(b)(2), if you start up your affected 
source before April 16, 2003, you must submit an Initial Notification 
not later than 120 calendar days after April 16, 2003.
    (c) As specified in Sec.  63.9(b)(2), if you start up your new or 
reconstructed affected source on or after April 16, 2003, you must 
submit an Initial Notification not later than 120 calendar days after 
you become subject to this subpart.
* * * * *

0
7. Section 63.9816 is amended by revising paragraph (c)(9) to read as 
follows:


Sec.  63.9816  What records must I keep?

* * * * *
    (c) * * *
    (9) If you operate a source that is subject to the THC emission 
limits specified in item 2 or 6 of Table 1 to this subpart and is 
controlled with a catalytic oxidizer, records of annual checks of 
catalyst activity levels and subsequent corrective actions.
* * * * *

0
8. Section 63.9824 is amended as follows:
0
a. Revising paragraph (3) and adding paragraph (4) to the definition of 
Deviation;
0
b. Revising the definitions of Maximum organic HAP processing rate and 
Peak emissions period; and
0
c. Adding the definitions of Comparable control device, Shutdown, and 
Startup.


Sec.  63.9824  What definitions apply to this subpart?

* * * * *
    Comparable control device means, subject to paragraphs (1), (2), 
and (3) of this definition, a control device with design and operating 
parameters that are comparable to the reference control device.
    (1) For a thermal oxidizer, a comparable control device is either:
    (i) A thermal oxidizer with a residence time at least as long as, 
and a combustion chamber operating temperature at least as high as the 
reference thermal oxidizer; or
    (ii) A control device that has been demonstrated to control 
emissions to a level that is comparable to or better than the level of 
emissions control achieved by the reference thermal oxidizer.
    (2) For a catalytic oxidizer, a comparable control device is 
either:
    (i) A catalytic oxidizer with a space velocity no greater than, and 
a catalyst bed inlet temperature at least as high as the reference 
catalytic oxidizer; or
    (ii) A control device that has been demonstrated to control 
emissions to a level that is comparable to or better than the level of 
emissions control achieved by the reference catalytic oxidizer.
    (3) For other control devices, a comparable control device is one 
that has been demonstrated either through engineering calculations or 
emission testing to control emissions to a level that is comparable to 
or better than the level of control achieved by the reference control 
device.
* * * * *
    Deviation * * *.
    (3) Fails to meet any emission limitation (emission limit, 
operating limit, or work practice standard) in this subpart during 
startup, shutdown, or malfunction, regardless of whether or not such 
failure is permitted by this subpart; or
    (4) Fails to provide adequate monitoring data for demonstrating 
compliance with any emission limitation (emission limit, operating 
limit, or work practice standard) or other applicable requirement 
established by this subpart due to a malfunction or failure of any CMS 
required by this subpart.
* * * * *
    Maximum organic HAP processing rate means the maximum rate at which 
the mass of organic HAP materials in refractory shapes are processed in 
an affected process unit. (See also the definition of organic HAP 
processing rate.)
* * * * *
    Peak emissions period means the period of consecutive hourly 
average emissions of the applicable pollutant that is greater than any 
other period of consecutive hourly average emissions for the same 
pollutant over the course of a specified batch process cycle, as 
defined in paragraphs (1) through (3) of this definition. The peak 
emissions period is a function of the rate at which the temperature of 
the refractory shapes is increased, the mass and loading configuration 
of the shapes in the process unit, the constituents of the refractory 
mix, and the type of pollutants emitted.
    (1) The 3-hour peak THC mass emissions period is the period of 3 
consecutive hours over which the sum of the uncontrolled hourly THC 
mass emissions rates is greater than the sum of the uncontrolled hourly 
THC mass emissions rates for any other period of 3 consecutive hours 
during the same batch process cycle.
    (2) The 3-hour peak THC emissions concentration period is the 
period of 3 consecutive hours over which the sum of the THC 
concentrations, corrected to 18 percent oxygen, is greater than the sum 
of the THC concentrations at the same sampling location, corrected to 
18 percent oxygen, for any other period of 3 consecutive hours during 
the same batch process cycle.
    (3) The 3-hour peak HF mass emissions period is the period of 3 
consecutive hours over which the sum of the uncontrolled hourly HF mass 
emissions rates is greater than the sum of the uncontrolled hourly HF 
mass emissions rates for any other period of 3 consecutive hours during 
the same batch process cycle.
* * * * *
    Shutdown means the cessation of operation of an affected source. 
For an affected batch process source, shutdown means the cessation of 
operation during a batch cycle. Shutdown does not include normal 
periods between batch cycles when the batch process source is not in 
operation.
    Startup means the setting into operation of an affected source. For 
an affected batch process source, startup means the initial startup of 
the source

[[Page 7423]]

or the startup of the source following maintenance, replacement of 
equipment, or equipment repairs. Startup does not include routine 
recharging of a batch process source at the start of a batch cycle.
* * * * *

0
9. Table 1 to subpart SSSSS is amended as follows:
0
a. Revising items 6.a and b;
0
b. Revising items 7.a and b;
0
c. Revising item 8;
0
d. Redesignating items 9, 10, and 11 as items 10, 11, and 12;
0
e. Adding a new clarification as item 9;
0
f. Revising newly redesignated items 11.a and b; and

          Table 1 to Subpart SSSSS of Part 63.--Emission Limits
 [As stated in Sec.   63.9788, you must comply with the emission limits
              for affected sources in the following table:]
------------------------------------------------------------------------
                                           You must meet the following
               For . . .                      emission limits . . .
------------------------------------------------------------------------

                              * * * * * * *
6. Batch process units that are          a. The 2-run block average THC
 controlled with a thermal or catalytic   concentration for the 3-hour
 oxidizer.                                peak THC emissions
                                          concentration period must not
                                          exceed 20 ppmvd, corrected to
                                          18 percent oxygen, at the
                                          outlet of the control device;
                                          or
                                         b. The 2-run block average THC
                                          mass emissions rate for the 3-
                                          hour peak THC mass emissions
                                          period must be reduced by at
                                          least 95 percent.
7. Batch process units that are          a. The 2-run block average THC
 equipped with a control device other     concentration for the 3-hour
 than a thermal or catalytic oxidizer.    peak THC emissions
                                          concentration period must not
                                          exceed 20 ppmvd, corrected to
                                          18 percent oxygen, at the
                                          outlet of the control device;
                                          or
                                         b. The 2-run block average THC
                                          mass emissions rate for the 3-
                                          hour peak THC mass emissions
                                          period must be reduced by at
                                          least 95 percent.
8. Batch process units that use process  The 2-run block average THC
 changes to reduce organic HAP            concentration for the 3-hour
 emissions.                               peak THC emissions
                                          concentration period must not
                                          exceed 20 ppmvd, corrected to
                                          18 percent oxygen, at the
                                          outlet of the process gas
                                          stream.
9. Batch process units that have turned  The 2-run block average THC
 off the control device or are not        concentration for the 3-hour
 equipped with a control device.          peak THC emissions
                                          concentration period must not
                                          exceed 20 ppmvd, corrected to
                                          18 percent oxygen, at the
                                          outlet of the process gas
                                          stream.
10. Batch process kilns that are not     The 2-run block average THC
 equipped with a control device.          concentration for the 3-hour
                                          peak THC emissions
                                          concentration period must not
                                          exceed 20 ppmvd, corrected to
                                          18 percent oxygen, at the
                                          outlet of the process gas
                                          stream.
11. Each new continuous kiln that is     a. The 3-hour block average HF
 used to produce clay refractory          emissions must not exceed
 products.                                0.019 kilograms per megagram
                                          (kg/Mg) (0.038 pounds per ton
                                          kiln that is (lb/ton)) of
                                          uncalcined clay processed, OR
                                          the 3-hour block average HF
                                          mass emissions rate must be
                                          reduced by at least 90
                                          percent; and
                                         b. The 3-hour block average HCl
                                          emissions must not exceed
                                          0.091 kg/Mg (0.18 lb/ton) of
                                          uncalcined clay processed, OR
                                          the 3-hour block average HCl
                                          mass emissions rate must be
                                          reduced by at least 30
                                          percent.

                              * * * * * * *
------------------------------------------------------------------------


[[Page 7424]]


0
10. Table 2 to subpart SSSSS is amended as follows:
0
a. Revising item 1.c;
0
b. Revising item 4;
0
c. Revising 7;
0
d. Revising items 8.a and b and adding items 8.c through e;
0
e. Revising items 9.a and b, and adding new items 9.d through f; and
0
f. Removing item 11.b and redesignating items 11.c and d as items 11.b 
and c, respectively.

                             Table 2 to Subpart SSSSS of Part 63.--Operating Limits
  [As stated in Sec.   63.9788, you must comply with the operating limits for affected sources in the following
                                                     table]
----------------------------------------------------------------------------------------------------------------
                       For . . .                                              You must . . .
----------------------------------------------------------------------------------------------------------------
1. Each affected source listed in Table 1 to this        * * *
 subpart.                                                b. Capture emissions and vent them through a closed
                                                          system; and
                                                         c. Operate each control device that is required to
                                                          comply with this subpart on each affected source
                                                          during all periods that the source is operating,
                                                          except where specified in Sec.   63.9792(e) and (f),
                                                          item 2 of this table, and item 13 of Table 4 to this
                                                          subpart; and * * *

                                                  * * * * * * *
4. Each affected continuous process unit...............  Maintain the 3-hour block average organic HAP
                                                          processing rate (pounds per hour) at or below the
                                                          maximum allowable organic HAP processing rate
                                                          established during the most recent performance test.

                                                  * * * * * * *
7. Each affected batch process unit....................  For each batch cycle, maintain the organic HAP
                                                          processing rate (pounds per batch) at or below the
                                                          maximum allowable organic HAP processing rate
                                                          established during the most recent performance test.
8. Batch process units that are equipped with a thermal  a. Except as specified in item 8.b. of this table,
 oxidizer.                                                maintain throughout the entire batch cycle the hourly
                                                          average operating temperature in the thermal oxidizer
                                                          combustion chamber at or above the minimum allowable
                                                          operating temperature established during the most
                                                          recent performance test, as determined according to
                                                          item 11 of Table 4 to this subpart; and
                                                         b. If complying with the provisions for reducing the
                                                          thermal oxidizer operating temperature, as specified
                                                          in item 13 of Table 4 to this subpart, satisfy the
                                                          requirements of items 8.c. through 8.e. of this table;
                                                         c. From the start of the batch cycle until the batch
                                                          process unit reaches its maximum temperature, maintain
                                                          the thermal oxidizer combustion chamber temperature at
                                                          or above the minimum allowable temperature established
                                                          during the most recent performance test, as determined
                                                          according to item 11 of Table 4 to this subpart;
                                                         d. From the time when the batch process unit reaches
                                                          its maximum temperature, maintain the thermal oxidizer
                                                          combustion chamber temperature at or above the minimum
                                                          allowable temperature established during the most
                                                          recent performance test, as determined according to
                                                          item 11 of Table 4 to this subpart, for a length of
                                                          time that equals or exceeds the length of time between
                                                          the process unit reaching its maximum temperature and
                                                          the start of the thermal oxidizer temperature
                                                          reduction during the most recent performance test;
                                                         e. For the remainder of the batch process cycle,
                                                          maintain the thermal oxidizer combustion chamber
                                                          temperature at or above the reduced thermal oxidizer
                                                          temperature established during the most recent
                                                          performance test, as specified in item 13 of Table 4
                                                          to this subpart.

[[Page 7425]]


9. Batch process units that are equipped with a          a. Except as specified in item 9.b. of this table,
 catalytic oxidizer.                                      maintain throughout the entire batch cycle the hourly
                                                          average operating temperature at the inlet of the
                                                          catalyst bed at or above the minimum allowable
                                                          operating temperature established during the most
                                                          recent performance test, as determined according to
                                                          item 12 of Table 4 to this subpart; and
                                                         b. If complying with the provisions for reducing the
                                                          catalytic oxidizer operating temperature, as specified
                                                          in item 13 of Table 4 to this subpart, satisfy the
                                                          requirements of items 9.d through 9.f of this table;
                                                          and
                                                         c. Check the activity level of the catalyst at least
                                                          every 12 months.
                                                         d. From the start of the batch cycle until the batch
                                                          process unit reaches its maximum temperature, maintain
                                                          the temperature at the inlet of the catalyst bed at or
                                                          above the minimum allowable temperature established
                                                          during the most recent performance test, as determined
                                                          according to item 12 of Table 4 to this subpart;
                                                         e. From the time when the batch process unit reaches
                                                          its maximum temperature, maintain the temperature at
                                                          the inlet of the catalyst bed at or above the minimum
                                                          allowable temperature established during the most
                                                          recent performance test, as determined according to
                                                          item 12 of Table 4 to this subpart, for a length of
                                                          time that equals or exceeds the length of time between
                                                          the process unit reaching its maximum temperature and
                                                          the start of the catalytic oxidizer temperature
                                                          reduction during the most recent performance test;
                                                         f. For the remainder of the batch process cycle,
                                                          maintain the temperature at the inlet of the catalyst
                                                          bed at or above the reduced catalyst bed inlet
                                                          temperature established during the most recent
                                                          performance test, as specified in item 13 of Table 4
                                                          to this subpart.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


0
11. Table 4 to subpart SSSSS is revised to read as follows:

                    Table 4 to Subpart SSSSS to Part 63.--Requirements for Performance Tests
 [As stated in Sec.   63.9800, you must comply with the requirements for performance tests for affected sources
                                            in the following table:]
----------------------------------------------------------------------------------------------------------------
                                                                                      According to the following
             For . . .                   You must . . .            Using . . .            requirements . . .
----------------------------------------------------------------------------------------------------------------
1. Each affected source listed in    a. Conduct performance  i. The requirements of  (1) Record the date of the
 Table 1 to this subpart.             tests.                  the General             test; and
                                                              Provisions in subpart  (2) Identify the emission
                                                              A of this part and      source that is tested; and
                                                              the requirements to    (3) Collect and record the
                                                              this subpart.           corresponding operating
                                                                                      parameter and emission
                                                                                      test data listed in this
                                                                                      table for each run of the
                                                                                      performance test; and
                                                                                     (4) Repeat the performance
                                                                                      test at least every 5
                                                                                      years; and
                                                                                     (5) Repeat the performance
                                                                                      test before changing the
                                                                                      parameter value for any
                                                                                      operating limit specified
                                                                                      in your OM&M plan; and
                                                                                     (6) If complying with the
                                                                                      THC concentration or THC
                                                                                      percentage reduction
                                                                                      limits specified in items
                                                                                      2 through 9 of Table 1 to
                                                                                      this subpart, repeat the
                                                                                      performance test under the
                                                                                      conditions specified in
                                                                                      items 2.a.2 and 2.a.3. of
                                                                                      this table; and
                                                                                     (7) If complying with the
                                                                                      emission limits for new
                                                                                      clay refractory products
                                                                                      kilns specified in items
                                                                                      10 and 11 of Table 1 to
                                                                                      this subpart, repeat the
                                                                                      performance test under the
                                                                                      conditions specified in
                                                                                      items 14.a.i.4. and
                                                                                      17.a.i.4. of this table.

[[Page 7426]]


                                     b. Select the           i. Method 1 or 1A of    (1) To demonstrate
                                      locations of sampling   40 CFR, part 60,        compliance with the
                                      ports and the number    appendix A.             percentage reduction
                                      of traverse points.                             limits specified in items
                                                                                      2.b., 3.b., 6.b., 7.b.,
                                                                                      10, and 11 of Table 1 to
                                                                                      this subpart, OR to
                                                                                      develop an emissions
                                                                                      profile, OR to satisfy the
                                                                                      requirements of item 13.a.
                                                                                      of this table, locate
                                                                                      sampling sites at the
                                                                                      inlet of the control
                                                                                      device and at either the
                                                                                      outlet of the control
                                                                                      device or at the stack
                                                                                      prior to any releases to
                                                                                      the atmosphere; AND
                                                                                     (2) To demonstrate
                                                                                      compliance with any other
                                                                                      emission limit specified
                                                                                      in Table 1 to this
                                                                                      subpart, locate all
                                                                                      sampling sites at the
                                                                                      outlet of the control
                                                                                      device or at the stack
                                                                                      prior to any releases to
                                                                                      the atmosphere.
                                     c. Determine gas        Method 2, 2A, 2C, 2D,   Measure gas velocities and
                                      velocity and            2F, or 2G of 40 CFR     volumetric flow rates at 1-
                                      volumetric flow rate.   part 60, appendix A.    hr intervals throughout
                                                                                      each test run.
                                     d. Conduct gas          (i) Method 3, 3A, or    As specified in the
                                      molecular weight        3B of 40 CFR part 60,   applicable test method.
                                      analysis.               appendix A; or
                                                             (ii) ASME PTC 19.10-    You may use ASME PTC 19.10-
                                                              1981--Part 10.          1981--Part 10 (available
                                                                                      for purchase from Three
                                                                                      Park Avenue, New York, NY
                                                                                      10016-5990) as an
                                                                                      alternative to EPA Method
                                                                                      3B.
                                     e. Measure gas          Method 4 of 40 CFR      As specified in the
                                      moisture content.       part 60, appendix A.    applicable test Method.
2. Each new or existing curing       a. Conduct performance  ......................  (1) Conduct the performance
 oven, shape dryer, and kiln that     tests.                                          test while the source is
 is used to process refractory       b. Satisfy the                                   operating at the maximum
 products that use organic HAP;       applicable                                      organic HAP processing
 each new or existing coking oven     requirements listed                             rate, as defined in Sec.
 and defumer that is used to          in items 3 through 13                           63.9824, reasonably
 produce pitch-impregnated            of this table.                                  expected to occur; and
 refractory products; each new                                                       (2) Repeat the performance
 shape preheater that is used to                                                      test before starting
 produce pitch-impregnated                                                            production of any product
 refractory products; AND each new                                                    for which the organic HAP
 or existing process unit that is                                                     processing rate is likely
 exhausted to a thermal or                                                            to exceed the maximum
 catalytic oxidizer that also                                                         allowable organic HAP
 controls emissions from an                                                           processing rate
 affected shape preheater or pitch                                                    established during the
 working tank.                                                                        most recent performance
                                                                                      test, as specified in Sec.
                                                                                        63.9798(c); and
                                                                                     (3) Repeat the performance
                                                                                      test on any affected
                                                                                      uncontrolled kiln
                                                                                      following process changes
                                                                                      (e.g., shorter curing oven
                                                                                      cycle time) that could
                                                                                      increase organic HAP
                                                                                      emissions from the
                                                                                      affected kiln, as
                                                                                      specified in Sec.
                                                                                      63.9798(d).
3. Each affected continuous process  a. Perform a minimum    The appropriate test    Each test run must be at
 unit.                                of 3 test runs.         methods specified in    least 1 hour in duration.
                                                              items 1, 4, and 5 of
                                                              this table.
                                     b. Establish the        i. Method 311 of 40     (1) Calculate and record
                                      operating limit for     CFR part 63, appendix   the organic HAP content of
                                      the maximum organic     A, OR material safety   all refractory shapes that
                                      HAP processing rate.    data sheets (MSDS),     are processed during the
                                                              OR product labels to    performance test, based on
                                                              determine the mass      the mass fraction of
                                                              fraction of organic     organic HAP in the resins,
                                                              HAP in each resin,      binders, or additives; the
                                                              binder, or additive;    mass fraction of each
                                                              and                     binder, or additive, in
                                                             ii. Product              the product; and the
                                                              formulation data that   process feed rate; and
                                                              specify the mass       (2) Calculate and record
                                                              fraction of each        the organic HAP processing
                                                              resin, binder, and      rate (pounds per hour) for
                                                              additive in the         each test run; and
                                                              products that are      (3) Calculate and record
                                                              processed during the    the maximum allowable
                                                              performance test; and.  organic HAP processing
                                                             iii. Process feed rate   rate as 110 percent of the
                                                              data (tons per hour).   average of the processing
                                                                                      rates for the three test
                                                                                      runs.

[[Page 7427]]


                                     c. Record the           Process data..........  During each test run and at
                                      operating temperature                           least once per hour,
                                      of the affected                                 record the operating
                                      source.                                         temperature in the highest
                                                                                      temperature zone of the
                                                                                      affected source.
4. Each continuous process unit      a. Measure THC          i. Method 25A of 40     (1) Each minute, measure
 that is subject to the THC           concentrations at the   CFR Part 60, appendix   and record the
 emission limit listed in item        outlet of the control   A.                      concentrations of THC in
 2.a., 3.a., 4, or 5 of Table 1 to    device or in the                                the exhaust stream; and
 this subpart.                        stack.                                         (2) Provide at least 50 1-
                                                                                      minute measurements for
                                                                                      each valid hourly average
                                                                                      THC concentration.
                                     b. Measure oxygen       i. Method 3A of 40 CFR  (1) Each minute, measure
                                      concentrations at the   Part 60, appendix A.    and record the
                                      outlet of the control                           concentrations of oxygen
                                      device or in the                                in the exhaust stream; and
                                      stack.                                         (2) Provide at least 50 1-
                                                                                      minute measurements for
                                                                                      each valid hourly average
                                                                                      oxygen concentration.
                                     c. Determine the        i. Equation 1 of Sec.   (1) Calculate the hourly
                                      hourly average THC       63,9800(g)(1); and     average THC concentration
                                      concentration,         ii. The 1-minute THC     for each hour of the
                                      corrected to 18         and oxygen              performance test as the
                                      percent oxygen.         concentration data.     average of the 1-minute
                                                                                      THC measurements; and
                                                                                     (2) Calculate the hourly
                                                                                      average oxygen
                                                                                      concentration for each
                                                                                      hour of the performance
                                                                                      test as the average of the
                                                                                      1-minute oxygen
                                                                                      measurements; and
                                                                                     (3) Correct the hourly
                                                                                      average THC concentrations
                                                                                      to 18 percent oxygen using
                                                                                      Equation 1 of Sec.
                                                                                      63.9800(g)(1).
                                     d. Determine the 3-     The hourly average      Calculate the 3-hour block
                                      hour block average      concentrati on of       average THC emission
                                      THC emission            THC, corrected to 18    concentration, corrected
                                      concentration,          percent oxygen, for     to 18 percent oxygen, as
                                      corrected to 18         each test run.          the average of the hourly
                                      percent oxygen.                                 average THC emission
                                                                                      concentrations, corrected
                                                                                      to 18 percent oxygen.
5. Each continuous process unit      a. Measure THC          i. Method 25A of 40     (1) Each minute, measure
 that is subject to the THC           concentrations at the   CFR part 60, appendix   and record the
 percentage reduction limit listed    inlet and outlet of     A.                      concentrations of THC at
 in item 2.b. or 3.b. of Table 1 to   the control device.                             the inlet and outlet of
 this subpart.                                                                        the control device; and
                                                                                     (2) Provide at least 50 1-
                                                                                      minute measurements for
                                                                                      each valid hourly average
                                                                                      THC at the control device
                                                                                      inlet and outlet.
                                     b. Determine the        i. The 1-minute THC     Calculate the hourly THC
                                      hourly THC mass         concentration data at   mass emissions rates at
                                      emissions rates at      the control device      the control device inlet
                                      the inlet and outlet    inlet and outlet; and   and outlet for each hour
                                      of the control device.  ii. The volumetric      of the performance test.
                                                              flow rates at the
                                                              control device inlet
                                                              and outlet.
                                     c. Determine the 3-     i. The hourly THC mass  (1) Calculate the hourly
                                      hour block average      emissions rates at      THC for each hour of the
                                      THC percentage          the inlet and outlet    performance test using
                                      reduction.              of the control device.  Equation 2 of Sec.
                                                                                      63.9800(g)(1); and
                                                                                     (2) Calculate the 3-hour
                                                                                      block average THC
                                                                                      percentage reduction.
6. Each continuous process unit      a. Establish the        i. Continuous           (1) At least every 15
 that is equipped with a thermal      operating limit for     recording of the        minutes, measure and
 oxidizer.                            the minimum allowable   output of the           record the thermal
                                      thermal oxidizer        combustion chamber      oxidizer combustion
                                      combustion chamber      temperature             temperature; and
                                      temperature.            measurement device.    (2) Provide at least one
                                                                                      measurement during at
                                                                                      least three 15-minute
                                                                                      periods per hour of
                                                                                      testing; and
                                                                                     (3) Calculate the hourly
                                                                                      average thermal oxidizer
                                                                                      combustion chamber
                                                                                      temperature for each hour
                                                                                      of the performance test;
                                                                                      and
                                                                                     (4) Calculate the minimum
                                                                                      allowable combustion
                                                                                      chamber temperature as the
                                                                                      average of the combustion
                                                                                      chamber temperatures for
                                                                                      the three test runs, minus
                                                                                      14 [deg]C (25 [deg]F).
7. Each continuous process unit      a. Establish the        i. Continuous           (1) At least every the 15
 that is equipped with a catalytic    operating limit for     recording of the        minutes, measure and
 oxidizer.                            the minimum allowable   output of the           record the temperature at
                                      temperature at the      temperature             the inlet of the catalyst
                                      inlet of the catalyst   measurement device.     bed; and
                                      bed.                                           (2) Provide at least one
                                                                                      catalyst bed inlet
                                                                                      temperature measurement
                                                                                      during at least three 15-
                                                                                      minute periods per hour of
                                                                                      testing; and
                                                                                     (3) Calculate the hourly
                                                                                      average catalyst bed inlet
                                                                                      temperature for each hour
                                                                                      of the performance test;
                                                                                      and
                                                                                     (4) Calculate the minimum
                                                                                      allowable catalyst bed
                                                                                      inlet temperature as the
                                                                                      average of the catalyst
                                                                                      bed inlet temperatures for
                                                                                      the three test runs, minus
                                                                                      14 [deg]C (25 [deg]F).

[[Page 7428]]


8. Each affected batch process unit  a. Perform a minimum    i. The appropriate      (1) Each test run must be
                                      of 2 test runs.         test methods            conducted over a separate
                                                              specified in items 1,   batch cycle unless you
                                                              9, and 10 of this       satisfy the requirements
                                                              table.                  of Sec.   63.9800(f)(3)
                                                                                      and (4); and
                                                                                     (2) Each test run must
                                                                                      begin with the start of a
                                                                                      batch cycle, except as
                                                                                      specified in item 8.a.i.4.
                                                                                      of this table; and
                                                                                     (3) Each test run must
                                                                                      continue until the end of
                                                                                      the batch cycle, except as
                                                                                      specified in items
                                                                                      8.a.i.4. and 8.a.i.5. of
                                                                                      this table; and
                                                                                     (4) If you develop an
                                                                                      emissions profile, as
                                                                                      described in Sec.
                                                                                      63.9802(a)(1), you can
                                                                                      limit each test run to the
                                                                                      3-hour peak THC mass
                                                                                      emissions period; and
                                                                                     (5) If you do not develop
                                                                                      an emissions profile, a
                                                                                      test run can be stopped,
                                                                                      and the results of that
                                                                                      run considered complete,
                                                                                      if either of the following
                                                                                      provisions are met:
                                                                                     (i) you measure emissions
                                                                                      continuously until at
                                                                                      least 3 hours after the
                                                                                      affected process unit has
                                                                                      reached maximum
                                                                                      temperature, AND the
                                                                                      hourly average THC mass
                                                                                      emissions rate at the
                                                                                      outlet of the control
                                                                                      device or in the stack has
                                                                                      not increased during the 3-
                                                                                      hour period since maximum
                                                                                      process temperature was
                                                                                      reached, AND the
                                                                                      applicable emission limit
                                                                                      specified in items 6
                                                                                      through 9 of Table 1 to
                                                                                      this subpart was met
                                                                                      during each of the 3 hours
                                                                                      since maximum process
                                                                                      temperature was reached,
                                                                                      OR,
                                                                                     (ii) for sources equipped
                                                                                      with a thermal or
                                                                                      catalytic oxidizer, at
                                                                                      least 1 hour has passed
                                                                                      since any reduction in the
                                                                                      operating temperature of
                                                                                      the oxidizer, as specified
                                                                                      in item 13 of this table.
                                     b. Establish the        i. Method 311 of 40     (1) Calculate and record
                                      operating limit for     CFR part 63, appendix   the organic HAP content of
                                      the maximum organic     A, OR MSDS, OR          all refractory shapes that
                                      HAP processing rate.    product labels to       are processed during the
                                                              determine the mass      performance test, based on
                                                              fraction of organic     the mass fraction of
                                                              HAP in each resin,      organic HAP in the resins,
                                                              binder, or additive;    binders, or additives; the
                                                              and                     mass fraction of each
                                                             ii. Product              resin, binder, or
                                                              formulation data that   additive, in the product,
                                                              specify the mass        and the batch weight prior
                                                              fraction of each       (2) Calculate and record
                                                              resin, binder, and      the organic HAP processing
                                                              additive in the         rate (pounds per batch)
                                                              products that are       for each test run; and
                                                              processed during the   (3) Calculate and record
                                                              performance test; and.  the maximum allowable
                                                             iii. Batch weight        organic HAP processing as
                                                              (tons).                 110 percent of the average
                                                                                      of the organic HAP
                                                                                      processing rates for the
                                                                                      two test runs.
                                     c. Record the batch     Process data..........  Record the total elapsed
                                      cycle time.                                     time from the start to the
                                                                                      completion of the batch
                                                                                      cycle.
                                     d. Record the           Process data..........  Record the operating
                                      operating temperature                           temperature of the
                                      of the affected                                 affected source at least
                                      source.                                         once every hour from the
                                                                                      start to the completion of
                                                                                      the batch cycle.
9. Each batch process unit that is   a. Measure THC          i. Method 25A of 40     (1) Each minute, measure
 subject to the THC emission limit    concentrations at the   CFR part 60, appendix   and record concentrations
 listed in item 6.a., 7.a., 8, or 9   outlet of the control   A.                      of THC in the exhaust
 of Table 1 to this subpart.          device or in the                                stream; and
                                      stack.                                         (2) Provide at least 50 1-
                                                                                      minute measurements for
                                                                                      each valid hourly average
                                                                                      THC concentration.
                                     b. Measure oxygen       i. Method 3A of 40 CFR  (1) Each minute, measure
                                      concentrations at the   part 60, appendix A.    and record concentrations
                                      outlet of the control                           of oxygen in the exhaust
                                      device or in the                                stream; and
                                      stack.                                         (2) Provide at least 50 1-
                                                                                      minute measurements for
                                                                                      each valid hourly average
                                                                                      oxygen concentration.
                                     c. Determine the        i. Equation 1 of Sec.   (1) Calculate the hourly
                                      hourly average THC       63.9800(g)(1); and     average THC concentration
                                      concentration,         ii. The 1-minute THC     for each hour of the
                                      corrected to 18         and oxygen              performance test as the
                                      percent oxygen.         concentration data.     average of the 1-minute
                                                                                      THC measurements; and
                                                                                     (2) Calculate the hourly
                                                                                      average oxygen
                                                                                      concentration for each
                                                                                      hour of the performance
                                                                                      test as the average of the
                                                                                      1-minute oxygen
                                                                                      measurement; and
                                                                                     (3) Correct the hourly
                                                                                      average THC concentrations
                                                                                      to 18 percent oxygen using
                                                                                      Equation 1 of Sec.
                                                                                      63.9800(g)(1).

[[Page 7429]]


                                     d. Determine the 3-     The hourly average THC  Select the period of 3
                                      hour peak THC           concentrations,         consecutive hours over
                                      emissions               corrected to 18         which the sum of the
                                      concentration period    percent oxygen.         hourly average THC
                                      for each test run.                              concentrations, corrected
                                                                                      to 18 percent oxygen, at
                                                                                      the control device outlet
                                                                                      or in the stack is greater
                                                                                      than the sum of the hourly
                                                                                      average THC emission
                                                                                      concentrations, corrected
                                                                                      to 18 percent oxygen, at
                                                                                      the control device outlet
                                                                                      or in the stack for any
                                                                                      other period of 3
                                                                                      consecutive hours during
                                                                                      the test run.
                                     e. Determine the        The hourly average THC  Calculate the average of
                                      average THC             emission                the hourly average THC
                                      concentration,          concentrations,         concentrations, corrected
                                      corrected to 18         corrected to 18         to 18 percent oxygen, for
                                      percent oxygen, for     percent oxygen, for     the 3 hours of the peak
                                      each test run.          the 3-hour peak THC     THC emissions
                                                              emissions               concentration period for
                                                              concentration period.   each test run.
                                     f. Determine the 2-run  The average THC         Calculate the average of
                                      block average THC       concentration,          the average THC
                                      concentration,          corrected to 18         concentrations, corrected
                                      corrected to 18         percent oxygen, for     to 18 percent oxygen, for
                                      percent oxygen, for     each test run.          the two test runs.
                                      the emission test.
10. Each batch process unit that is  a. Measure THC          i. Method 25A of 40     (1) Each minute, measure
 subject to the THC percentage        concentrations at the   CFR part 60, appendix   and record the
 reduction limit listed in item       inlet and outlet of     A.                      concentrations of THC at
 6.b. or 7.b. of Table 1 to this      the control device.                             the control device inlet
 subpart.                                                                             and outlet; and
                                                                                     (2) Provide at least 50 1-
                                                                                      minute measurements for
                                                                                      each valid hourly average
                                                                                      THC concentration at the
                                                                                      control device inlet and
                                                                                      outlet.
                                     b. Determine the        i. The 1-minute THC     Calculate the hourly THC
                                      hourly THC mass         concentration data at   mass emissions rates at
                                      emissions rates at      the control device      the control device inlet
                                      the control device      inlet and outlet; and   and outlet for each hour
                                      inlet and outlet.      ii. The volumetric       of the performance test.
                                                              flow rates at the
                                                              control device inlet
                                                              and outlet.
                                     c. Determine the 3-     The hourly THC mass     Select the period of 3
                                      hour peak THC mass      emissions rates at      consecutive hours over
                                      emissions period for    the control device      which the sum of the
                                      each test run.          inlet.                  hourly THC mass emissions
                                                                                      rates at the control
                                                                                      device inlet is greater
                                                                                      than the sum of the hourly
                                                                                      THC mass emissions rates
                                                                                      at the control device
                                                                                      inlet for any other period
                                                                                      of 3 consecutive hours
                                                                                      during the test run.
                                     d. Determine the        i. Equation 2 of Sec.   Calculate the average THC
                                      average THC              63.9800(g)(2); and     percentage reduction for
                                      percentage reduction   ii. The hourly THC       each test run using
                                      for each test run.      mass emissions rates    Equation 2 of Sec.
                                                              at the control device   63.9800(g)(2).
                                                              inlet and outlet for
                                                              the 3-hour peak THC
                                                              mass emissions period.
                                     e. Determine the 2-run  The average THC         Calculate the average of
                                      block average THC       percentage reduction    the average THC percentage
                                      percentage reduction    for each test run.      reductions for the two
                                      for the emission                                test runs.
                                      test.
                                     f. If complying with    i. Method 3A of 40 CFR  (1) Each minute, measure
                                      the provisions for      part 60, appendix A.    and record the
                                      reducing the thermal                            concentrations of oxygen
                                      oxidizer operating                              in the exhaust stream; and
                                      temperature, as                                (2) Calculate each hourly
                                      specified in item 13                            average oxygen
                                      of Table 4 to this                              concentration using at
                                      subpart, measure the                            least 50 1-minute
                                      oxygen concentration                            measurements for each
                                      at the inlet to the                             valid hourly average
                                      control device.                                 oxygen concentration.

[[Page 7430]]


11. Each batch process unit that is  a. Establish the        i. Continuous           (1) At least every 15
 equipped with a thermal oxidizer.    operating limit for     recording of the        minutes of each entire
                                      the minimum thermal     output of the           test run, measure and
                                      oxidizer combustion     combustion chamber      record the thermal
                                      chamber temperature.    temperature             oxidizer combustion
                                                              measurement device.     chamber temperature; and
                                                                                     (2) Provide at least one
                                                                                      temperature measurement
                                                                                      during at least three 15-
                                                                                      minute periods per hour of
                                                                                      testing; and
                                                                                     (3) For each test run,
                                                                                      calculate the hourly
                                                                                      average combustion chamber
                                                                                      temperature for each hour
                                                                                      of the 3-hour peak THC
                                                                                      emissions concentration
                                                                                      period or the 3-hour peak
                                                                                      THC mass emissions period,
                                                                                      as defined in Sec.
                                                                                      63.9824, whichever
                                                                                      applies; and
                                                                                     (4) Calculate the average
                                                                                      combustion chamber
                                                                                      temperature for the
                                                                                      applicable 3-hour peak
                                                                                      emissions period for each
                                                                                      test run using the average
                                                                                      hourly combustion chamber
                                                                                      temperatures for the
                                                                                      applicable 3-hour peak
                                                                                      emissions period; and
                                                                                     (5) Calculate the minimum
                                                                                      allowable thermal oxidizer
                                                                                      combustion chamber
                                                                                      operating temperature as
                                                                                      the average of the average
                                                                                      combustion chamber
                                                                                      temperatures for the
                                                                                      applicable 3-hour peak
                                                                                      emissions period for the
                                                                                      two test runs, minus 14
                                                                                      [deg]C (25 [deg]F).
12. Each batch process unit that is  a. Establish the        i. Continuous           (1) At least every 15
 equipped with a catalytic oxidizer.  operating limit for     recording of the        minutes of each entire
                                      the minimum allowable   output of the           test run, measure and
                                      temperature at the      temperature             record the temperature at
                                      inlet of the catalyst   measurement device.     the inlet of the catalyst
                                      bed.                                            bed; and
                                                                                     (2) Provide at least one
                                                                                      catalyst bed inlet
                                                                                      temperature measurement
                                                                                      during at least three 15-
                                                                                      minute periods per hour of
                                                                                      testing; and
                                                                                     (3) For each test run,
                                                                                      calculate the hourly
                                                                                      average catalyst bed inlet
                                                                                      temperature for each hour
                                                                                      of the 3-hour peak THC
                                                                                      emissions concentration
                                                                                      period or the 3-hour peak
                                                                                      THC mass emissions period,
                                                                                      as defined in Sec.
                                                                                      63.9824, whichever
                                                                                      applies; and
                                                                                     (4) Calculate the average
                                                                                      catalyst bed inlet
                                                                                      temperature for the
                                                                                      applicable 3-hour peak
                                                                                      emissions period for each
                                                                                      test run using the average
                                                                                      hourly catalyst bed inlet
                                                                                      temperatures for the
                                                                                      applicable 3-hour peak
                                                                                      emissions period; and
                                                                                     (5) Calculate the minimum
                                                                                      allowable catalyst bed
                                                                                      inlet operating
                                                                                      temperature as the average
                                                                                      of the average catalyst
                                                                                      bed inlet temperatures for
                                                                                      the applicable 3-hour peak
                                                                                      emissions period for the
                                                                                      two test runs, minus 14
                                                                                      [deg]C (25 [deg]F).

[[Page 7431]]


13. Each batch process unit that is  a. During each test     ......................  (1) The oxidizer can be
 equipped with a thermal or           run, maintain the                               shut off or the oxidizer
 catalytic oxidizer.                  applicable operating                            operating temperature can
                                      temperature of the                              be reduced if you do not
                                      oxidizer until                                  use an emissions profile
                                      emission levels allow                           to limit testing to the 3-
                                      the oxidizer to be                              hour peak THC mass
                                      shut off or the                                 emissions period, as
                                      operating temperature                           specified in item 8.a.i.4.
                                      of the oxidizer to be                           of this table;
                                      reduced.                                       (2) At least 3 hours have
                                                                                      passed since the affected
                                                                                      process unit reached
                                                                                      maximum temperature; and
                                                                                     (3) The applicable emission
                                                                                      limit specified in item
                                                                                      6.a. or 6.b. of Table 1 to
                                                                                      this subpart was met
                                                                                      during each of the
                                                                                      previous three 3-hour
                                                                                      periods; and
                                                                                     (4) The hourly average THC
                                                                                      mass emissions rate at the
                                                                                      control device inlet did
                                                                                      not increase during the 3-
                                                                                      hour period that
                                                                                      immediately preceded the
                                                                                      oxidizer temperature
                                                                                      reduction; and
                                                                                     (5) The THC concentration
                                                                                      at the oxidizer inlet did
                                                                                      not exceed 20 ppmvd,
                                                                                      corrected to 18 percent
                                                                                      oxygen, during each of the
                                                                                      four 15-minute periods
                                                                                      immediately following the
                                                                                      oxidizer temperature
                                                                                      reduction; and
                                                                                     (6) If the THC
                                                                                      concentration exceeded 20
                                                                                      ppmvd, corrected to 18
                                                                                      percent oxygen, during any
                                                                                      of the four 15-minute
                                                                                      periods immediately
                                                                                      following the oxidizer
                                                                                      temperature reduction, you
                                                                                      must return the oxidizer
                                                                                      to its normal operating
                                                                                      temperature as soon as
                                                                                      possible and maintain that
                                                                                      temperature for at least 1
                                                                                      hour; and
                                                                                     (7) Continue the test run
                                                                                      until the THC
                                                                                      concentration at the
                                                                                      oxidizer inlet is no more
                                                                                      than 20 ppmvd, corrected
                                                                                      to 18 percent oxygen, for
                                                                                      at least four consecutive
                                                                                      15-minute periods that
                                                                                      immediately follow the
                                                                                      oxidizer temperature
                                                                                      reduction.
14. Each new continuous kiln that    a. Measure emissions    i. Method 26A of 40     (1) Conduct the test while
 is used to process clay refractory   of HF and HCL.          CFR part 60, appendix   the kiln is operating at
 products.                                                    A; or 60, appendix A;   the maximum production
                                                              or                      level and is processing
                                                             ii. Method 26 of 40      the refractory product
                                                              CFR part 60, appendix   with the highest
                                                              A; or.                  uncalcined clay processing
                                                             iii. Method 320 of 40    rate, as specified in item
                                                              CFR part 63, appendix   15.a. of this table; and
                                                              A.                     (2) You may use Method 26
                                                                                      of 40 CFR part 60,
                                                                                      appendix A, only if no
                                                                                      acid PM (e.g., HF or HCL
                                                                                      dissolved in water
                                                                                      droplets emitted by
                                                                                      sources controlled by a
                                                                                      wet scrubber) is present;
                                                                                      and
                                                                                     (3) If you use Method 320
                                                                                      of 40 CFR part 63,
                                                                                      appendix A, you must
                                                                                      follow the analyte spiking
                                                                                      procedures of Section 13
                                                                                      of Method 320 unless you
                                                                                      can demonstrate that the
                                                                                      complete spiking procedure
                                                                                      has been conducted at a
                                                                                      similar source; and
                                                                                     (4) Repeat the performance
                                                                                      test if the affected
                                                                                      source is controlled with
                                                                                      a DLA and you change the
                                                                                      source of the limestone
                                                                                      used in the DLA.
                                     b. Perform a minimum    The appropriate test    Each test run must be at
                                      of 3 test runs.         methods specified in    least 1 hour in duration.
                                                              items 1 and 14.a. of
                                                              this table.
15. Each new continuous kiln that    a. Record the           i. Production data;     (1) Record the production
 is subject to the production-based   uncalcined clay         and                     rate (tons per hour of
 HF and HCL emission limits           processing rate.       ii. Product              fired product); and
 specified in items 10.a. and 10.b.                           formulation data that  (2) Calculate and record
 of Table 1 to this subpart.                                  specify the mass        the average rate at which
                                                              fraction of             uncalcined clay is
                                                              uncalcined clay in      processed (tons per hour)
                                                              the products that are   for each test run.
                                                              processed during the
                                                              performance test.
                                     b. Determine the HF     i. Method 26A of 40     Calculate the HF mass
                                      mass emissions rate     CFR part 60, appendix   emissions rate for each
                                      at the outlet of the    A; or                   test run.
                                      control device or in   ii. Method 26 of 40
                                      the stack.              CFR part 60, appendix
                                                              A; or.
                                                             iii. Method 320 of 40
                                                              CFR part 63, appendix
                                                              A..

[[Page 7432]]


                                     c. Determine the 3-     i. The HF mass          (1) Calculate the hourly
                                      hour block average      emissions rate for      production-based HF
                                      production-based HF     each test run; and      emissions rate for each
                                      emissions rate.        ii. The average          test run using Equation 3
                                                              uncalcined clay         of Sec.   63.9800(g)(3);
                                                              processing rate.        and
                                                                                     (2) Calculate the 3-hour
                                                                                      block average production-
                                                                                      based HF emissions rate as
                                                                                      the average of the hourly
                                                                                      production-based HF
                                                                                      emissions rates for each
                                                                                      test run.
                                     d. Determine the HCL    i. Method 26A of 40     Calculate the HCl mass
                                      mass emissions rate     CFR part 60, appendix   emissions rate for each
                                      at the outlet of the    A; or                   test run.
                                      control device or in   ii. Method 26 of 40
                                      the stack.              CFR part 60, appendix
                                                              A; or.
                                                             iii. Method 320 of 40
                                                              CFR part 63, appendix
                                                              A.
                                     e. Determine the 3-     i. The HCl mass         (1) Calculate the hourly
                                      hour block average      emissions rate for      production-based HCl
                                      production-based HCL    each test run; and      emissions rate for each
                                      emissions rate.        ii. The average          test run using Equation 3
                                                              uncalcined clay         of Sec.   63.9800(g)(3);
                                                              processing rate.        and
                                                                                     (2) Calculate the 3-hour
                                                                                      block average production-
                                                                                      based HCl rate as the
                                                                                      average of the production-
                                                                                      based HCl emissions rates
                                                                                      for each test run.
16. Each new continuous kiln that    a. Measure the HF mass  i. Method 26A of 40     Calculate the HF mass
 is subject to the HF and HCL         emissions rates at      CFR part 60, appendix   emissions rates at the
 percentage reduction limits          the inlet and outlet    A; or                   control device inlet and
 specified in items 10.a. and 10.b.   of the control device. ii. Method 26 of 40      outlet for each test run.
 of Table 1 to this subpart.                                  CFR part 60, appendix
                                                              A; or.
                                                             iii. Method 320 of 40
                                                              CFR part 63, appendix
                                                              A.
                                     b. Determine the 3-     i. The HF mass          (1) Calculate the hourly HF
                                      hour block average HF   emissions rates at      percentage reduction using
                                      percentage reduction.   the inlet and outlet    Equation 2 of Sec.
                                                              of the control device   63.9800(g)(2); and
                                                              for each test run.     (2) Calculate the 3-hour
                                                                                      block average HF
                                                                                      percentage reduction as
                                                                                      the average of the HF
                                                                                      percentage reductions for
                                                                                      each test run.
                                     c. Measure the HCL      i. Method 26A of 40     Calculate the HCl mass
                                      mass emissions rates    CFR part 60, appendix   emissions rates at the
                                      at the inlet and        A; or                   control device inlet and
                                      outlet control device. ii. Method 26 of 40      outlet for each test run.
                                                              CFR part 60, appendix
                                                              A; or.
                                                             iii. Method 320 of 40
                                                              CFR part 63, appendix
                                                              A.
                                     d. Determine the 3-     i. The HCl mass         (1) Calculate the hourly
                                      hour block average      emissions rates at      HCl percentage reduction
                                      HCL percentage          the inlet and outlet    using Equation 2 of Sec.
                                      reduction.              of the control device   63.9800(g)(2); and
                                                              for each test run.     (2) Calculate the 3-hour
                                                                                      block average HCl
                                                                                      percentage reduction as
                                                                                      the average of HCl
                                                                                      percentage reductions for
                                                                                      each test run.
17. Each new batch process kiln      a. Measure emissions    i. Method 26A of 40     (1) Conduct the test while
 that is used to process clay         of HF and HCL at the    CFR part 60, appendix   the kiln is operating at
 refractory products.                 inlet and outlet of     A; or                   the maximum production
                                      the control device.    ii. Method 26 of 40      level and is processing
                                                              CFR part 60, appendix   the refractory product
                                                              A; or.                  with the highest
                                                             iii. Method 320 of 40    uncalcined clay processing
                                                              CFR part 63, appendix   rate, as specified in item
                                                              A.                      15.a. of this table; and
                                                                                     (2) You may use Method 26
                                                                                      of 40 CFR part 60,
                                                                                      appendix A, only if no
                                                                                      acid PM (e.g., HF or HCl
                                                                                      dissolved in water
                                                                                      droplets emitted by
                                                                                      sources controlled by a
                                                                                      wet scrubber) is present;
                                                                                      and
                                                                                     (3) If you use Method 320
                                                                                      of 40 CFR part 63,
                                                                                      appendix A, you must
                                                                                      follow the analyte spiking
                                                                                      procedures of Section 13
                                                                                      of Method 320 unless you
                                                                                      can demonstrate that the
                                                                                      complete spiking procedure
                                                                                      has been conducted at a
                                                                                      similar source; and
                                                                                     (4) Repeat the performance
                                                                                      test if the affected
                                                                                      source is controlled with
                                                                                      a DLA and you change the
                                                                                      source of the limestone
                                                                                      used in the DLA.

[[Page 7433]]


                                     b. Perform a minimum    i. The appropriate      (1) Each test run must be
                                      of 2 test runs.         test methods            conducted over a separate
                                                              specified in items 1    batch cycle unless you
                                                              and 17.a. of this       satisfy the requirements
                                                              table.                  of Sec.   63.9800(f)(3)
                                                                                      and (4); and
                                                                                     (2) Each test run must
                                                                                      consist of a series of 1-
                                                                                      hour runs at the inlet and
                                                                                      outlet of the control
                                                                                      device, beginning with the
                                                                                      start of a batch cycle,
                                                                                      except as specified in
                                                                                      item 17.b.i.4. of this
                                                                                      table; and
                                                                                     (3) Each test run must
                                                                                      continue until the end of
                                                                                      the batch cycle, except as
                                                                                      specified in item
                                                                                      17.b.i.4. of this table;
                                                                                      and
                                                                                     (4) If you develop an
                                                                                      emissions profile, as
                                                                                      described in Sec.
                                                                                      63.9802(a)(2), you can
                                                                                      limit each test run to the
                                                                                      3-hour peak HF mass
                                                                                      emissions period.
                                     c. Determine the        i. The appropriate      Determine the hourly mass
                                      hourly HF and HCl       test methods            HF and HCl emissions rates
                                      mass emissions rates    specified in items 1    at the inlet and outlet of
                                      at the inlet and        and 71.a. of this       the control device for
                                      outlet of the control   table.                  each hour of each test
                                      device.                                         run.
                                     d. Determine the 3-     The hourly HF mass      Select the period of 3
                                      hour peak HF mass       emissions rates at      consecutive hours over
                                      emissions period.       the inlet of the        which the sum of the
                                                              control device.         hourly HF mass emissions
                                                                                      rates at the control
                                                                                      device inlet is greater
                                                                                      than the sum of the hourly
                                                                                      HF mass emissions rates at
                                                                                      the control device inlet
                                                                                      for any other period of 3
                                                                                      consecutive hours during
                                                                                      the test run.
                                     e. Determine the 2-run  i. The hourly average   (1) Calculate the HF
                                      block average HF        HF emissions rates at   percentage reduction for
                                      percentage reduction    the inlet and outlet    each hour of the 3-hour
                                      for the emissions       of the control          peak HF mass emissions
                                      test.                   device.                 period using Equation 2 of
                                                                                      Sec.   63.9800(g)(2); AND
                                                                                     (2) Calculate the average
                                                                                      HF percentage reduction
                                                                                      for each test run as the
                                                                                      average of the hourly HF
                                                                                      percentage reductions for
                                                                                      the 3-hour peak HF mass
                                                                                      emissions period for that
                                                                                      run; and
                                                                                     (3) Calculate the 2-run
                                                                                      block average HF
                                                                                      percentage reduction for
                                                                                      the emission test as the
                                                                                      average of the average HF
                                                                                      percentage reductions for
                                                                                      the two test runs.
                                     f. Determine the 2-run  i. The hourly average   (1) Calculate the HCl
                                      block average HCl       HCl emissions rates     percentage reduction for
                                      percentage reduction    at the inlet and        each hour of the 3-hour
                                      for the emission test.  outlet of the control   peak HF mass emissions
                                                              device.                 period using Equation 2 of
                                                                                      Sec.   63.9800(g)(2); and
                                                                                     (2) Calculate the average
                                                                                      HCl percentage reduction
                                                                                      for each test run as the
                                                                                      average of the hourly HCl
                                                                                      percentage reductions for
                                                                                      the 3-hour peak HF mass
                                                                                      emissions period for that
                                                                                      run; and
                                                                                     (3) Calculate the 2-run
                                                                                      block average HCl
                                                                                      percentage reduction for
                                                                                      the emission test as the
                                                                                      average of the average HCl
                                                                                      percentage reductions for
                                                                                      the two test runs.
18. Each new kiln that is used to    a. Establish the        i. Data from the        (1) At least every 15
 process clay refractory products     operating limit for     pressure drop           minutes, measure the
 and is equipped with a DLA.          the minimum pressure    measurement device      pressure drop across the
                                      drop across the DLA.    during the              DLA; and
                                                              performance test.      (2) Provide at least one
                                                                                      pressure drop measurement
                                                                                      during at least three 15-
                                                                                      minute periods per hour of
                                                                                      testing; and
                                                                                     (3) Calculate the hourly
                                                                                      average pressure drop
                                                                                      across the DLA for each
                                                                                      hour of the performance
                                                                                      test; and
                                                                                     (4) Calculate and record
                                                                                      the minimum pressure drop
                                                                                      as the average of the
                                                                                      hourly average pressure
                                                                                      drops across the DLA for
                                                                                      the two or three test
                                                                                      runs, whichever applies.
                                     b. Establish the        i. Data from the        (1) Establish the limestone
                                      operating limit for     limestone feeder        feeder setting 1 week
                                      the limestone feeder    during the              prior to the performance
                                      setting.                performance test.       test; and
                                                                                     (2) Record and maintain the
                                                                                      feeder setting for the 1-
                                                                                      week period that precedes
                                                                                      the performance test and
                                                                                      during the performance
                                                                                      test.

[[Page 7434]]


19. Each new kiln that is used to    a. Document             Data from the           Submit analyses and
 process clay refractory products     conformance with        installation and        supporting documentation
 and is equipped with a DIFF or DLS/  specifications and      calibration of the      demonstrating conformance
 FF.                                  requirements of the     bag leak detection      with EPA guidance and
                                      bag leak detection      system.                 specifications for bag
                                      system.                i. Data from the lime    leak detection systems as
                                     b. Establish the         feeder during the       part of the Notification
                                      operating limit for     performance test.       of Compliance Status.
                                      the lime feeder                                (1) For continuous lime
                                      setting.                                        injection systems, ensure
                                                                                      that lime in the feed
                                                                                      hopper or silo is free-
                                                                                      flowing at all times
                                                                                      during the performance
                                                                                      test; and
                                                                                     (2) Record the feeder
                                                                                      setting for the two or
                                                                                      three runs, whichever
                                                                                      applies.
                                                                                     (3) If the feed rate
                                                                                      setting varies during the
                                                                                      three test runs, calculate
                                                                                      and record the average
                                                                                      feed rate for the two or
                                                                                      three test runs, whichever
                                                                                      applies.
20. Each new kiln that is used to    a. Establish the        i. Data from the        (1) At least every 15
 process clay refractory products     operating limit for     pressure drop           minutes, measure the
 and is equipped with a wet           the minimum scrubber    measurement device      pressure drop across the
 scrubber.                            pressure drop.          during the              scrubber; and
                                                              performance test.      (2) Provide at least one
                                                                                      pressure drop measurement
                                                                                      during at least three 15-
                                                                                      minute periods per hour of
                                                                                      testing; and
                                                                                     (3) Calculate the hourly
                                                                                      average pressure drop
                                                                                      across the scrubber for
                                                                                      each hour of the
                                                                                      performance test; and
                                                                                     (4) Calculate and record
                                                                                      the minimum pressure drop
                                                                                      as the average of the
                                                                                      hourly average pressure
                                                                                      drops across the scrubber
                                                                                      for the two or three test
                                                                                      runs, whichever applies.
                                     b. Establish the        i. Data from the pH     (1) At least every 15
                                      operating limit for     measurement device      minutes, measure scrubber
                                      the minimum scrubber    during the              liquid pH; and
                                      liquid pH.              performance test.      (2) Provide at least one pH
                                                                                      measurement during at
                                                                                      least three 15-minute
                                                                                      periods per hour of
                                                                                      testing; and
                                                                                     (3) Calculate the hourly
                                                                                      average pH values for each
                                                                                      hour of the performance
                                                                                      test; and
                                                                                     (4) Calculate and record
                                                                                      the minimum liquid pH as
                                                                                      the average of the hourly
                                                                                      average pH measurements
                                                                                      for the two or three test
                                                                                      runs, whichever applies.
                                     c. Establish the        i. Data from the flow   (1) At least every 15
                                      operating limit for     rate measurement        minutes, measure the
                                      the minimum scrubber    device during the       scrubber liquid flow rate;
                                      liquid flow rate.       performance test.       and
                                                                                     (2) Provide at least one
                                                                                      flow rate measurement
                                                                                      during at least three 15-
                                                                                      minute periods per hour of
                                                                                      testing; and
                                                                                     (3) Calculate the hourly
                                                                                      average liquid flow rate
                                                                                      for each hour of the
                                                                                      performance test; and
                                                                                     (4) Calculate and record
                                                                                      the minimum liquid flow
                                                                                      rate as the average of the
                                                                                      hourly average liquid flow
                                                                                      rates for the two or three
                                                                                      test runs, whichever
                                                                                      applies.
                                     d. If chemicals are     i. Data from the        (1) At least every 15
                                      added to the scrubber   chemical feed rate      minutes, measure the
                                      liquid, establish the   measurement device      scrubber chemical feed
                                      operating limit for     during the              rate; and
                                      the minimum scrubber    performance test.      (2) Provide at least one
                                      chemical feed rate.                             chemical feed rate
                                                                                      measurement during at
                                                                                      least three 15-minute
                                                                                      periods per hour of
                                                                                      testing; and
                                                                                     (3) Calculate the hourly
                                                                                      average chemical feed rate
                                                                                      for each hour of the
                                                                                      performance test; and
                                                                                     (4) Calculate and record
                                                                                      the minimum chemical feed
                                                                                      rate as the average of the
                                                                                      hourly average chemical
                                                                                      feed rates for the two or
                                                                                      three test runs, whichever
                                                                                      applies.
----------------------------------------------------------------------------------------------------------------


0
12. Table 5 to subpart SSSSS is amended as follows:
0
a. Revising items 5 and 6; and
0
b. Revising items 10.a and b.

[[Page 7435]]



 Table 5 to Subpart SSSSS of Part 63.--Initial Compliance with Emission
                                 Limits
 [As stated in Sec.   63.9806, you must show initial compliance with the
 emission limits for affected sources according to the following table:]
------------------------------------------------------------------------
                                                          You have
          For . . .             For the following   demonstrated initial
                              emission limit . . .   compliance if . . .
------------------------------------------------------------------------

                              * * * * * * *
5. Each affected batch        The average THC       The 2-run block
 process unit that is          concentration must    average THC
 subject to the THC emission   not exceed 20         emission
 concentration limit listed    ppmvd, corrected to   concentration for
 in item 6.a., 7.a., 8, or 9   18 percent oxygen.    the 3-hour peak THC
 of Table 1 to this subpart.                         emissions
                                                     concentration
                                                     period measured
                                                     during the
                                                     performance test
                                                     using Methods 25A
                                                     and 3A is equal to
                                                     or less than 20
                                                     ppmvd, corrected to
                                                     18 percent oxygen.
6. Each affected batch        The average THC       The 2-run block
 process unit that is          percentage            average THC
 subject to the THC            reduction must        percentage
 percentage reduction limit    equal or exceed 95    reduction for the 3-
 listed in item 6.b. or 7.b.   percent.              hour peak THC mass
 of Table 1 to this subpart.                         emissions period
                                                     measured during the
                                                     performance test
                                                     using Method 25A is
                                                     equal to or greater
                                                     than 95 percent.

                              * * * * * * *
10. Each new batch process    a. The average        The 2-run block
 kiln that is used to          uncontrolled HF       average HF emission
 process clay refractory       emissions must be     reduction for the 3-
 products.                     reduced by at least   hour peak HF mass
                               90 percent.           emissions period
                                                     measured during the
                                                     performance test is
                                                     equal to or greater
                                                     than 90 percent.
                              b. The average        The 2-run block
                               uncontrolled HCl      average HCl
                               emissions must be     emissions reduction
                               reduced by at least   for the 3-hour peak
                               30 percent.           HF mass emissions
                                                     period measured
                                                     during the
                                                     performance test is
                                                     equal to or greater
                                                     than 30 percent.

                              * * * * * * *
------------------------------------------------------------------------


0
13. Table 7 to subpart SSSSS is amended as follows:
0
a. Revising item 2;
0
b. Revising item 4 by designating the entry in column 3 as item i and 
adding item 4.ii;
0
c. Revising item 5 by designating the entry in column 3 as item i and 
adding item 5.ii; and
0
d. Removing item 9.a.ii and redesignating items 9.a.iii and iv as items 
9.a.ii and iii, respectively.

    Table 7 to Subpart SSSSS to Part 63.--Continuous Compliance with
                             Emission Limits
 [As stated in Sec.   63.9810, you must show continuous compliance with
   the emission limits for affected sources according to the following
                                 table:]
------------------------------------------------------------------------
                                                          You have
          For . . .             For the following   demonstrated initial
                              emission limit . . .   compliance if . . .
------------------------------------------------------------------------

                              * * * * * * *
2. Each new or existing       As specified in       Satisfying the
 curing oven, shape dryer,     items 3 through 7     applicable
 and kiln that is used to      of this table.        requirements
 process refractory products                         specified in items
 that use organic HAP; each                          3 through 7 of this
 new or existing coking oven                         table.
 and defumer that is used to
 produce pitch-impregnated
 refractory products; each
 new shape preheater that is
 used to produce pitch-
 impregnated refractory
 products; AND each new or
 existing process unit that
 is exhausted to a thermal
 or catalytic oxidizer that
 also controls emissions
 from an affected shape
 preheater or pitch working
 tank.

                              * * * * * * *
4. Each affected process      The average THC       i. Operating and
 unit that is equipped with    concentration must    maintaining a THC
 a control device other than   not exceed 20         CEMS at the outlet
 a thermal or catalytic        ppmvd, corrected to   of the control
 oxidizer.                     18 percent oxygen;    device or in the
                               OR the average THC    stack of the
                               percentage            affected source,
                               reduction must        according to the
                               equal or exceed 95    requirements of
                               percent.              Procedure 1 of 40
                                                     CFR part 60,
                                                     appendix F; and
                                                    ii. Maintaining the
                                                     3-hour block
                                                     average THC
                                                     concentration at or
                                                     below 20 ppmvd,
                                                     corrected to 18
                                                     percent oxygen.

[[Page 7436]]


5. Each affected process      The average THC       i. Operating and
 unit that uses process        concentration must    maintaining a THC
 changes to meet the           not exceed 20         CEMS at the outlet
 applicable emission limit.    ppmvd, corrected to   of the control
                               18 percent oxygen.    device or in the
                                                     stack of the
                                                     affected source,
                                                     according to the
                                                     requirements of
                                                     Procedure 1 of 40
                                                     CFR part 60,
                                                     appendix F; and
                                                    ii. Maintaining the
                                                     3-hour block
                                                     average THC
                                                     concentration at or
                                                     below 20 ppmvd,
                                                     corrected to 18
                                                     percent oxygen.

                              * * * * * * *
------------------------------------------------------------------------


0
14. Table 8 to subpart SSSSS is amended as follows:
0
a. Revising item 4.iii and adding item 4.iv;
0
b. Revising item 7.iv and adding item 7.v;
0
c. Revising items 8 and 8.i through v and adding items 8.vi through 
viii;
0
d. Revising items 9 and 9.i through iv, redesignating items 9.v and vi 
as items 9.viii and ix, respectively, and adding items 9.v. through 
vii;
0
e. Revising items 11.a.ii and iii, adding item 11.a.iv, removing item 
11.b, and redesignating items 11.c and d as items 11.b and c, 
respectively; and
0
f. Revising items 13.a.ii and iii, 13.b.ii and iii, 13.c.ii and iii, 
and 13.d.ii and iii, and adding items 13.a.iv, 13.b.iv, 13.c.iv, and 
13.d.iv.

    Table 8 to Subpart SSSSS of Part 63.--Continuous Compliance With
                            Operating Limits
 [As stated in Sec.   63.9810, you must show continuous compliance with
  the operating limits for affected sources according to the following
                                 table:]
------------------------------------------------------------------------
                                                    You must demonstrate
                                For the following        continuous
          For . . .            operating limit . .   compliance by . . .
                                        .
------------------------------------------------------------------------

                              * * * * * * *
4. Each affected continuous   a. Maintain process   * * *
 process unit.                 operating            iii. Maintaining the
                               parameters within     3-hour block
                               the limits            average organic HAP
                               established during    processing rate at
                               the most recent       or below the
                               performance test.     maximum allowable
                                                     organic HAP
                                                     processing rate
                                                     established during
                                                     the most recent
                                                     performance test;
                                                     and
                                                    iv. Reporting, in
                                                     accordance with
                                                     Sec.   63.9814(e),
                                                     any 3-hour block
                                                     average organic HAP
                                                     processing rate
                                                     that exceeds the
                                                     maximum allowable
                                                     organic HAP
                                                     processing rate
                                                     established during
                                                     the most recent
                                                     performance test

                              * * * * * * *
7. Each affected batch        a. Maintain process   * * *
 process unit.                 operating            iv. Maintaining the
                               parameters within     organic HAP
                               the limits            processing rate at
                               established during    or below the
                               the most recent       maximum allowable
                               performance test.     organic HAP
                                                     processing rate
                                                     established during
                                                     the most recent
                                                     performance test;
                                                     and
                                                    v. Reporting, in
                                                     accordance with
                                                     Sec.   63.9814(e),
                                                     any organic HAP
                                                     processing rate
                                                     that exceeds the
                                                     maximum allowable
                                                     organic HAP
                                                     processing rate
                                                     established during
                                                     the most recent
                                                     performance test.

[[Page 7437]]


8. Batch process units that   Maintain the hourly   i. Measuring and
 are equipped with a thermal   average temperature   recording the
 oxidizer.                     in the thermal        thermal oxidizer
                               oxidizer combustion   combustion chamber
                               chamber at or above   temperature at
                               the minimum           least every 15
                               allowable operating   minutes throughout
                               temperature           any period during
                               established during    which the thermal
                               the most recent       oxidizer is
                               performance test.     required to be in
                                                     operation; and
                                                    ii. Calculating the
                                                     hourly average
                                                     thermal oxidizer
                                                     combustion chamber
                                                     temperature for any
                                                     period during which
                                                     the thermal
                                                     oxidizer is
                                                     required to be in
                                                     operation; and
                                                    iii. Except as
                                                     permitted by item
                                                     8.iv of this table,
                                                     maintaining
                                                     throughout the
                                                     entire batch cycle
                                                     the hourly average
                                                     operating
                                                     temperature in the
                                                     thermal oxidizer
                                                     combustion chamber
                                                     at or above the
                                                     minimum allowable
                                                     operating
                                                     temperature
                                                     established during
                                                     the most recent
                                                     performance test;
                                                     and
                                                    iv. If complying
                                                     with the provisions
                                                     for reducing the
                                                     thermal oxidizer
                                                     operating
                                                     temperature, as
                                                     specified in item
                                                     13 of Table 4 to
                                                     this subpart,
                                                     satisfying the
                                                     requirements of
                                                     items 8.vi. through
                                                     8.viii. of this
                                                     table; and
                                                    v. Reporting, in
                                                     accordance with
                                                     Sec.   63.9814(e),
                                                     any temperature
                                                     measurements below
                                                     the minimum
                                                     allowable thermal
                                                     oxidizer combustion
                                                     chamber temperature
                                                     established during
                                                     the most recent
                                                     performance test.
                                                    vi. From the start
                                                     of the batch cycle
                                                     until the batch
                                                     process unit
                                                     reaches its maximum
                                                     temperature,
                                                     maintaining the
                                                     thermal oxidizer
                                                     combustion chamber
                                                     temperature at or
                                                     above the minimum
                                                     allowable
                                                     temperature
                                                     established during
                                                     the most recent
                                                     performance test,
                                                     as determined
                                                     according to item
                                                     11 of Table 4 to
                                                     this subpart;
                                                    vii. From the time
                                                     when the batch
                                                     process unit
                                                     reaches its maximum
                                                     temperature,
                                                     maintaining the
                                                     thermal oxidizer
                                                     combustion chamber
                                                     temperature at or
                                                     above the minimum
                                                     allowable
                                                     temperature
                                                     established during
                                                     the most recent
                                                     performance test,
                                                     as determined
                                                     according to item
                                                     11 of Table 4 to
                                                     this subpart, for a
                                                     length of time that
                                                     equals or exceeds
                                                     the length of time
                                                     between the process
                                                     unit reaching its
                                                     maximum temperature
                                                     and the start of
                                                     the thermal
                                                     oxidizer
                                                     temperature
                                                     reduction during
                                                     the most recent
                                                     performance test;
                                                    viii. For the
                                                     remainder of the
                                                     batch process
                                                     cycle, maintaining
                                                     the thermal
                                                     oxidizer combustion
                                                     chamber temperature
                                                     at or above the
                                                     reduced thermal
                                                     oxidizer
                                                     temperature
                                                     established during
                                                     the most recent
                                                     performance test,
                                                     as specified in
                                                     item 13 of Table 4
                                                     to this subpart.

[[Page 7438]]


9. Batch process units that   Maintain the hourly   i. Measuring and
 are equipped with a           average temperature   recording the
 catalytic oxidizer.           at the inlet of the   temperature at the
                               catalyst bed at or    inlet of the
                               above the minimum     catalyst bed at
                               allowable operating   least every 15
                               temperature           minutes throughout
                               established during    any period during
                               the most recent       which the catalytic
                               performance test.     oxidizer is
                                                     required to be in
                                                     operation; and
                                                    ii. Calculating the
                                                     hourly average
                                                     temperature at the
                                                     catalyst bed inlet
                                                     for any period
                                                     during which the
                                                     catalytic oxidizer
                                                     is required to be
                                                     in operation; and
                                                    iii. Except as
                                                     specified in items
                                                     9.a.iv through
                                                     9.a.vii of this
                                                     table, maintaining
                                                     throughout the
                                                     entire batch cycle
                                                     the hourly average
                                                     operating
                                                     temperature at the
                                                     catalyst bed inlet
                                                     at or above the
                                                     minimum allowable
                                                     performance
                                                     allowable operating
                                                     temperature
                                                     established during
                                                     the most recent
                                                     performance test;
                                                     and
                                                    iv. If complying
                                                     with the provisions
                                                     for reducing the
                                                     catalytic oxidizer
                                                     operating
                                                     temperature, as
                                                     specified in item
                                                     13 of Table 4 to
                                                     this subpart,
                                                     satisfying the
                                                     requirements of
                                                     items 9.a.v.
                                                     through 9.a.vii. of
                                                     this table; and
                                                    v. From the start of
                                                     the batch cycle
                                                     until the batch
                                                     process unit
                                                     reaches its maximum
                                                     temperature,
                                                     maintaining the
                                                     temperature at the
                                                     inlet of the
                                                     catalyst bed at or
                                                     above the minimum
                                                     allowable
                                                     temperature
                                                     established during
                                                     the most recent
                                                     performance test,
                                                     as determined
                                                     according to item
                                                     12 of Table 4 to
                                                     this subpart; and
                                                    vi. From the time
                                                     when the batch
                                                     process unit
                                                     reaches its maximum
                                                     temperature,
                                                     maintaining the
                                                     temperature at the
                                                     inlet of the
                                                     catalyst bed at or
                                                     above the minimum
                                                     allowable
                                                     temperature
                                                     established during
                                                     the most recent
                                                     performance test,
                                                     as determined
                                                     according to item
                                                     12 of Table 4 to
                                                     this subpart, for a
                                                     length of time that
                                                     equals or exceeds
                                                     the length of time
                                                     between the process
                                                     unit reaching its
                                                     maximum temperature
                                                     and the start of
                                                     the catalytic
                                                     oxidizer
                                                     temperature
                                                     reduction during
                                                     the most recent
                                                     performance test;
                                                     and
                                                    vii. For the
                                                     remainder of the
                                                     batch process
                                                     cycle, maintaining
                                                     the temperature at
                                                     the inlet of the
                                                     catalyst bed at or
                                                     above the reduced
                                                     catalyst bed inlet
                                                     temperature
                                                     established during
                                                     the most recent
                                                     performance test,
                                                     as specified in
                                                     item 13 of Table 4
                                                     to this subpart;
                                                     and
                                                    viii. Reporting, in
                                                     accordance with
                                                     Sec.   63.9814(e),
                                                     any catalyst bed
                                                     inlet temperature
                                                     measurements below
                                                     the minimum
                                                     allowable bed inlet
                                                     temperature
                                                     measured during the
                                                     most recent
                                                     performance test;
                                                     and
                                                    ix. Checking the
                                                     activity level of
                                                     the catalyst at
                                                     least every 12
                                                     months and taking
                                                     any necessary
                                                     corrective action,
                                                     such as replacing
                                                     the catalyst, to
                                                     ensure that the
                                                     catalyst is
                                                     performing as
                                                     designed.


[[Page 7439]]


                              * * * * * * *
11. Each new kiln that is     a. Maintain the       * * *
 equipped with a DLA.          average pressure     ii. Calculating the
                               drop the DLA for      hourly average
                               each 3-hour block     pressure drop
                               period at or above    across the DLA; and
                               the mininum          iii. Maintaining the
                               pressure drop         3-hour block
                               established during    average pressure
                               the most recent       drop across the DLA
                               performance test.     at or above the
                                                     minimum pressure
                                                     drop established
                                                     during the most
                                                     recent performance
                                                     test; and
                                                    iv. Reporting, in
                                                     accordance with
                                                     Sec.   63.9814(e),
                                                     any 3-hour block
                                                     average pressure
                                                     drop across the DLA
                                                     below the minimum
                                                     pressure drop
                                                     established during
                                                     the most recent
                                                     performance test.

                              * * * * * * *
13. Each new kiln that is     a. Maintain the       * * *
 used to process clay          average pressure     ii. Calculating the
 refractory products and is    drop across the       hourly average
 equipped with a wet           scrubber for each 3-  pressure drop
 scrubber.                     hour block period     across the
                               at or above the       scrubber; and
                               minimum pressure     iii. Maintaining the
                               drop established      3-hour block
                               during the most       average scrubber
                               recent performance    pressure drop at or
                               test.                 above the minimum
                                                     pressure drop
                                                     established during
                                                     the most recent
                                                     performance test;
                                                     and
                                                    iv. Reporting, in
                                                     accordance with
                                                     during the Sec.
                                                     63.9814(e), any 3-
                                                     hour block average
                                                     most recent
                                                     pressure drop
                                                     across the scrubber
                                                     below the minimum
                                                     pressure drop
                                                     established during
                                                     the most recent
                                                     performance test.
                              b. Maintain the       * * *
                               average average      ii. Calculating the
                               scrubber liquid pH    hourly average
                               for each 3-hour       scrubber liquid pH;
                               block period at or    and
                               above the minimum    iii. Maintaining the
                               scrubber liquid pH    3-hour block
                               established during    average scrubber
                               the most recent       liquid pH at or
                               performance test.     above the minimum
                                                     scrubber liquid pH
                                                     estalbished during
                                                     the most recent
                                                     perforamnce test;
                                                     and
                                                    iv. Reporting, in
                                                     accordance with
                                                     Sec.   63.9814(e),
                                                     any 3-hour block
                                                     average scrubber
                                                     liquid pH below the
                                                     minimum liquid pH
                                                     established during
                                                     the most recent
                                                     performance test.
                              c. Maintain the       * * *
                               average scrubber     ii. Calculating the
                               liquid flow rate      hourly average
                               for each 3-hour       scrubber liquid
                               block period at or    flow rate; and
                               above the minimum    iii. Maintaining the
                               scrubber liquid       3-hour block
                               flow rate             average scrubber
                               established during    liquid flow rate at
                               the most recent       or above the
                               performance test.     minimum scrubber
                                                     liquid flow rate
                                                     established during
                                                     the most recent
                                                     performance test;
                                                     and
                                                    iv. Reporting, in
                                                     accordance with
                                                     Sec.   63.9814(e),
                                                     any 3-hour block
                                                     average established
                                                     scrubber liquid
                                                     flow rate below the
                                                     minimum liquid flow
                                                     rate established
                                                     during the most
                                                     most recent
                                                     performance test.

[[Page 7440]]


                              d. If chemicals are   * * *
                               added to the         ii. Calculating the
                               scrubber liquid,      hourly average
                               maintain the          scrubber chemical
                               average scrubber      feed rate; and
                               chemical feed rate   iii. Maintaining the
                               for each 3-hour       3-hour block
                               block period at or    average scrubber
                               above the minimum     chemical feed rate
                               scrubber chemical     at or above the
                               feed rate             scrubber minimum
                               established during    scrubber chemical
                               the most recent       feed rate
                               performance test.     established during
                                                     the most recent
                                                     rate for each
                                                     performance test;
                                                     and
                                                    iv. Reporting, in
                                                     accordance with
                                                     Sec.   63.9814(e),
                                                     any 3-hour block
                                                     average scrubber
                                                     chemical feed rate
                                                     below the minimum
                                                     chemical feed rate
                                                     established during
                                                     the most recent
                                                     performance test

                              * * * * * * *
------------------------------------------------------------------------


0
15. Table 10 to subpart SSSSS is amended by revising item 1 to read as 
follows:

     Table 10 to Subpart SSSSS of Part 63.--Requirements for Reports
 [As stated in Sec.   63.9814, you must comply with the requirements for
                    reports in the following table:]
------------------------------------------------------------------------
                                 The report must     You must submit the
 You must submit a(n) . . .       contain . . .         report . . .
------------------------------------------------------------------------
1. Compliance report........  The information in    Semiannually
                               Sec.   63.9814(a)     according to the
                               through (f).          requirements in
                                                     Sec.   63.9814(b)

                              * * * * * * *
------------------------------------------------------------------------


0
16. Table 11 to subpart SSSSS is amended as follows:
0
a. Revising citation Sec.  63.4;
0
b. Adding citations Sec.  63.6(i)(15) and (16);
0
c. Revising citation Sec.  63.7(b)(2);
0
d. Revising citation Sec.  63.7(e)(3); and
0
e. Revising citations Sec.  63.8(c)(1)(i), (ii), and (iii).

           Table 11 to Subpart SSSSS of Part 63.--Applicability of General Provisions to Subpart SSSSS
 [As stated in Sec.   63.9820, you must comply with the applicable General Provisions requirements according to
                                              the following table:]
----------------------------------------------------------------------------------------------------------------
                                                                                        Applies to subpart SSSSS
           Citation                     Subject                Brief description
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Sec.   63.4..................  Prohibited Activities...  Compliance date;               Yes.
                                                          circumvention; fragmentation.

                                                  * * * * * * *
Sec.   63.6(i)(15)...........  [Reserved]..............
Sec.   63.6(i)(16)...........  Administrator's           Granting extension does not    Yes.
                                authority.                abrogate Administrator's
                                                          authority.

                                                  * * * * * * *
Sec.   63.7(b)(2)............  Notification of           Must notify Administrator as   Yes.
                                Rescheduling.             soon as is practicable and
                                                          provide rescheduled date.

                                                  * * * * * * *
Sec.   63.7(e)(3)............  Test Run Duration.......  Must have three test runs for  Yes; Yes, except where
                                                          at least the time specified    specified in Sec.
                                                          in the relevant standard;      63.9800 for batch
                                                          compliance is based on         process sources; Yes.
                                                          arithmetic mean of three
                                                          runs; specifies conditions
                                                          when data from an additional
                                                          test run can be used.
Sec.   63.8(c)(1)(i).........  Operation and             Must maintain CMS in           Yes.
                                Maintenance of CMS.       accordance with Sec.
                                                          63.6(e)(1).
Sec.   63.8(c)(1)(ii)........  Spare Parts for CMS.....  Must maintain spare parts for  Yes.
                                                          routine CMS repairs.
Sec.   63.8(c)(1)(iii).......  SSMP for CMS............  Must develop and implement     Yes.
                                                          SSMP for CMS.
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


[[Page 7441]]

[FR Doc. 06-1218 Filed 2-10-06; 8:45 am]

BILLING CODE 6560-50-P
