

[Federal Register: December 26, 2007 (Volume 72, Number 246)]
[Rules and Regulations]               
[Page 73179-73211]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26de07-19]                         


[[Page 73179]]

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Part IV





Environmental Protection Agency





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40 CFR Part 63



National Emission Standards for Hazardous Air Pollutants for Area 
Sources: Clay Ceramics Manufacturing, Glass Manufacturing, and 
Secondary Nonferrous Metals Processing; Final Rule


[[Page 73180]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2006-0424; EPA-HQ-OAR-2006-0360; EPA-HQ-OAR-2006-0940; FRL-
8508-5]

 
National Emission Standards for Hazardous Air Pollutants for Area 
Sources: Clay Ceramics Manufacturing, Glass Manufacturing, and 
Secondary Nonferrous Metals Processing

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is issuing national emission standards for the Clay 
Ceramics Manufacturing, Glass Manufacturing, and Secondary Nonferrous 
Metals Processing area source categories. Each of these three final 
emissions standards reflects the generally available control technology 
or management practices used by sources within the respective area 
source category.

DATES: This final rule is effective on December 26, 2007. The 
incorporation by reference of certain publications listed in this rule 
are approved by the Director of the Federal Register as of December 26, 
2007.

ADDRESSES: EPA has established dockets for this action under Docket ID 
No. EPA-HQ-OAR-2006-0424 (for Clay Ceramics Manufacturing), Docket ID 
No. EPA-HQ-OAR-2006-0360 (for Glass Manufacturing), and Docket ID No. 
EPA-HQ-OAR-2006-0940 (for Secondary Nonferrous Metals Processing). All 
documents in the docket are listed in the http://www.regulations.gov 

index. Although listed in the index, some information is not publicly 
available, e.g., confidential business information or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy 
form. Publicly available docket materials are available either 
electronically through http://www.regulations.gov or in hard copy at 

the EPA Docket Center, Public Reading Room, EPA West, Room 3334, 1301 
Constitution Ave., NW., Washington, DC. The Public Reading Room is open 
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The telephone number for the Public Reading Room is (202) 
566-1744, and the telephone number for the Air Docket is (202) 566-
1742.

FOR FURTHER INFORMATION CONTACT: For questions about the final rule for 
Clay Ceramics Manufacturing, contact Mr. Bill Neuffer, Office of Air 
Quality Planning and Standards, Sector Policies and Programs Division, 
Metals and Minerals Group (D243-02), Environmental Protection Agency, 
Research Triangle Park, NC 27711; telephone number: (919) 541-5435; fax 
number: (919) 541-3207; e-mail address: Neuffer.Bill@epa.gov. For 
questions about the final rule for Glass Manufacturing or Secondary 
Nonferrous Metals Processing, contact Ms. Susan Fairchild, Office of 
Air Quality Planning and Standards, Sector Policies and Programs 
Division, Metals and Minerals Group (D243-02), Research Triangle Park, 
NC 27711, telephone number: (919) 541-5167, fax number: (919) 541-3207, 
e-mail address: Fairchild.Susan@epa.gov.

SUPPLEMENTARY INFORMATION: The supplementary information presented in 
this preamble is organized as follows:
I. General Information
    A. Does this action apply to me?
    B. Where can I get a copy of this document?
    C. Judicial Review
II. Background Information for Final Area Source Standards
III. Summary of Final Rules and Changes Since Proposal
    A. Area Source NESHAP for Clay Ceramics Manufacturing
    B. Area Source NESHAP for Glass Manufacturing
    C. Area Source NESHAP for Secondary Nonferrous Metals Processing
IV. Exemption of Certain Area Source Categories From Title V 
Permitting Requirements
V. Summary of Comments and Responses
    A. Area Source NESHAP for Clay Ceramics Manufacturing
    B. Area Source NESHAP for Glass Manufacturing
    C. Area Source NESHAP for Secondary Nonferrous Metals Processing
    D. Area Source NESHAP--General
VI. Impacts of the Final Area Source Standards
    A. Glass Manufacturing
    B. Clay Ceramics Manufacturing
    C. Secondary Nonferrous Metals Processing
VII. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer Advancement Act
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    K. Congressional Review Act

I. General Information

A. Does this action apply to me?

    The regulated categories and entities potentially affected by these 
final standards include:

------------------------------------------------------------------------
                                      NAICS      Examples of regulated
       Category  (Industry)          code \1\           entities
------------------------------------------------------------------------
Clay Ceramics Manufacturing.......     327122  Area source facilities
                                       327111   that manufacture ceramic
                                       327112   wall and floor tile,
                                                vitreous plumbing
                                                fixtures, sanitaryware,
                                                vitreous china tableware
                                                and kitchenware, and/or
                                                pottery.
Glass Manufacturing...............     327211  Area source facilities
                                       327212   that manufacture flat
                                       327213   glass, glass containers,
                                                and other pressed and
                                                blown glass and
                                                glassware.
Secondary Nonferrous Metals            331492  Area source brass and
 Processing.                           331423   bronze ingot making,
                                                secondary magnesium
                                                processing, or secondary
                                                zinc processing plants
                                                that melt post-consumer
                                                nonferrous metal scrap
                                                to make products,
                                                including bars, ingots,
                                                and blocks, or metal
                                                powders.\2\
------------------------------------------------------------------------
\1\ North American Industry Classification System.
\2\ The Secondary Nonferrous Metals Processing area source category was
  originally established under SIC code 3341, a broader classification
  which included brass and bronze ingot makers. The corresponding NAICS
  code for brass and bronze ingot makers is 331423.


[[Page 73181]]

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be affected by this 
action. To determine whether your facility is regulated by this action, 
you should examine the applicability criteria in 40 CFR 63.11435 of 
subpart RRRRRR (national emissions standards for hazardous air 
pollutants (NESHAP) for Clay Ceramics Manufacturing Area Sources), 40 
CFR 63.11448 of subpart SSSSSS (NESHAP for Glass Manufacturing Area 
Sources), and 40 CFR 63.11462 of subpart TTTTTT (NESHAP for Secondary 
Nonferrous Metals Processing). If you have any questions regarding the 
applicability of this action to a particular entity, consult either the 
air permit authority for the entity or your EPA Regional representative 
as listed in 40 CFR 63.13 of subpart A (General Provisions).

B. Where can I get a copy of this document?

    In addition to being available in the docket, an electronic copy of 
this final action will also be available on the Worldwide Web (WWW) 
through the Technology Transfer Network (TTN). Following signature, a 
copy of the final action will be posted on the TTN's policy and 
guidance page for newly proposed or promulgated rules at the following 
address: http://www.epa.gov/ttn/oarpg/. The TTN provides information and 

technology exchange in various areas of air pollution control.

C. Judicial Review

    Under section 307(b)(1) of the Clean Air Act (CAA), judicial review 
of these final rules is available only by filing a petition for review 
in the U.S. Court of Appeals for the District of Columbia Circuit by 
February 25, 2008. Under section 307(d)(7)(B) of the CAA, only an 
objection to these final rules that was raised with reasonable 
specificity during the period for public comment can be raised during 
judicial review. This section also provides a mechanism for us to 
convene a proceeding for reconsideration, ``[i]f the person raising an 
objection can demonstrate to EPA that it was impracticable to raise 
such objection within [the period for public comment] or if the grounds 
for such objection arose after the period for public comment (but 
within the time specified for judicial review) and if such objection is 
of central relevance to the outcome of the rule.'' Any person seeking 
to make such a demonstration to us should submit a Petition for 
Reconsideration to the Office of the Administrator, Environmental 
Protection Agency, Room 3000, Ariel Rios Building, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460, with a copy to the person listed in 
the preceding FOR FURTHER INFORMATION CONTACT section, and the 
Associate General Counsel for the Air and Radiation Law Office, Office 
of General Counsel (Mail Code 2344A), Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, DC 20004. Moreover, under 
section 307(d)(7)(B) of the CAA, only an objection to these final rules 
that was raised with reasonable specificity during the period for 
public comment can be raised during judicial review. Moreover, under 
section 307(b)(2) of the CAA, the requirements established by these 
final rules may not be challenged separately in any civil or criminal 
proceedings brought by EPA to enforce these requirements.

II. Background Information for Final Area Source Standards

    Section 112(k)(3)(B) of the CAA requires EPA to identify at least 
30 hazardous air pollutants (HAP) which, as the result of emissions 
from area sources,\a\ pose the greatest threat to public health in 
urban areas. Consistent with this provision, in 1999, in the Integrated 
Urban Air Toxics Strategy, EPA identified the 30 HAP that pose the 
greatest potential health threat in urban areas, and these HAP are 
referred to as the ``urban HAP.'' See 64 FR 38706, 38715-716, July 19, 
1999. Section 112(c)(3) requires EPA to list sufficient categories or 
subcategories of area sources to ensure that area sources representing 
90 percent of the emissions of the 30 urban HAP are subject to 
regulation. EPA listed the source categories that account for 90 
percent of the urban HAP emissions in the Integrated Urban Air Toxics 
Strategy.\b\ Sierra Club sued EPA, alleging a failure to complete 
standards for the source categories listed pursuant to CAA section 
112(c)(3) and 112(k)(3)(B) within the timeframe specified by the 
statute. See Sierra Club v. Johnson, No. 01-1537, (D.D.C.). On March 
31, 2006, the court issued an order requiring EPA to promulgate 
standards under CAA section 112(d) for those area source categories 
listed pursuant to CAA section 112(c)(3) and 112(k)(3)(B).
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    \a\ An area source is a stationary source of HAP emissions that 
is not a major source. A major source is a stationary source that 
emits or has the potential to emit 10 tons per year (tpy) or more of 
any HAP or 25 tpy or more of any combination of HAP.
    \b\ Since its publication in the Integrated Urban Air Toxics 
Strategy in 1999, the area source category list has undergone 
several amendments.
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    Among other things, the court order, as amended on October 15, 
2007, requires that EPA complete standards for 9 area source categories 
by December 15, 2007. On September 20, 2007 (72 FR 53838), we proposed 
NESHAP for the following three listed area source categories: (1) Clay 
Ceramics Manufacturing; (2) Glass Manufacturing; and (3) Secondary 
Nonferrous Metals Processing as part of our effort to meet the December 
15, 2007 deadline. The standards for the other categories are being 
issued in separate actions.
    Under CAA section 112(d)(5), the Administrator may, in lieu of 
standards requiring maximum achievable control technology (MACT) under 
section 112(d)(2), elect to promulgate standards or requirements for 
area sources ``which provide for the use of generally available control 
technologies or management practices by such sources to reduce 
emissions of hazardous air pollutants.'' Under section 112(d)(5), the 
Administrator has the discretion to use generally available control 
technology or management practices (GACT) in lieu of MACT. As explained 
in the proposed NESHAP, we are setting standards for these three source 
categories pursuant to section 112(d)(5). See 72 FR 53840, September 
20, 2007.

III. Summary of Final Rules and Changes Since Proposal

    This section summarizes the final rules and identifies changes 
since proposal. For changes that were made as a result of public 
comments, we have provided detailed explanations of the changes and the 
rationale for the changes in the responses to comments in section V of 
this preamble.

A. Area Source NESHAP for Clay Ceramics Manufacturing

1. Applicability and Compliance Dates
    The only substantive changes to the Clay Ceramics rule made since 
proposal are clarifications of applicability. There was an error in the 
wording of the applicable compliance dates, and we have revised the 
rule since proposal to clarify that an affected source is existing if 
construction or reconstruction was commenced on or before September 20, 
2007, and an affected source is new if construction or reconstruction 
was commenced after September 20, 2007. These clarifications of 
existing and new source are consistent with the definitions specified 
in Sec.  63.2.
    The final standards apply to any new or existing affected source at 
a clay ceramics manufacturing facility that is an area source and uses 
more than 45 megagrams per year (Mg/yr) (50 tons per year (tpy)) of 
clay. The affected source are all kilns that fire glazed ceramic

[[Page 73182]]

ware and all atomized spray glaze operations located at such a 
facility.
    The owner or operator of an existing affected source must comply 
with the standards by December 26, 2007. The owner or operator of a new 
affected source is required to comply with the standards by December 
26, 2007 or upon startup, whichever is later.
2. Standards
    The Clay Products Manufacturing area source category (which 
included clay ceramics manufacturing) was listed for regulation under 
section 112(c)(3) for its contribution of the following urban HAP: 
chromium, lead, manganese, and nickel. No changes have been made since 
proposal to the standards for clay ceramics manufacturing facilities.
    For each kiln firing glazed ceramic ware, the final standards 
require the facility owner or operator to maintain the kiln peak 
temperature below 1540[deg]C (2800[deg]F) and either use natural gas, 
or an equivalent clean-burning fuel, as the kiln fuel. The facility 
owner or operator has the option of using an electric-powered kiln.
    The requirements for atomized spray glaze operations at clay 
ceramic manufacturing area source facilities differ depending on 
whether a facility has annual wet glaze usage above or below 227 Mg/yr 
(250 tpy). Consequently, we are requiring that the facility owner or 
operator maintain annual wet glaze usage records in order to document 
whether they are above or below 227 Mg/yr (250 tpy) wet glaze usage.
    For each atomized spray glaze operation located at a clay ceramics 
manufacturing facility that uses more than 227 Mg/yr (250 tpy) of wet 
glaze(s), the final standards require the facility owner or operator to 
have an air pollution control device (APCD) on their glazing operations 
and operate and maintain the control device according to the equipment 
manufacturer's specifications. As a pollution prevention alternative to 
this requirement, we are also providing the option to use glazes 
containing less than 0.1 (weight) percent clay ceramics metal HAP for 
those facilities above the threshold, which is expected to provide 
emissions reductions equivalent or greater than those obtained using 
particulate matter (PM) controls.
    For each atomized spray glaze operation located at a clay ceramics 
manufacturing facility that uses 227 Mg/yr (250 tpy) or less of wet 
glaze(s), the final standards require the facility owner or operator to 
employ waste minimization practices in their glazing operations. In the 
preamble to the proposed rule, we acknowledged that some of these 
smaller facilities operate their atomized spray glaze operations with 
APCDs or use glazes containing less than 0.1 (weight) percent clay 
ceramics metal HAP. These alternative compliance options achieve 
reductions in metal HAP emissions that are at least equivalent to the 
metal HAP reductions from the waste minimization practices. Therefore, 
the final rule includes the use of glazes containing less than 0.1 
(weight) percent clay ceramics metal HAP or an APCD as alternative 
compliance options for the waste minimization practices.
3. Compliance Requirements
    No changes have been made since proposal to the compliance 
requirements for clay ceramics manufacturing facilities.
    Initial compliance demonstration requirements. The owner or 
operator is required to include a compliance certification for the 
standards in their Notification of Compliance Status. For any wet spray 
glaze operations controlled with an APCD, an initial inspection of the 
control equipment must be conducted within 60 days of the compliance 
date and the results of the inspection included in the Notification of 
Compliance Status.
    Monitoring requirements. For each kiln firing glazed ceramic ware, 
the final standards require the owner or operator to conduct a check of 
the kiln peak firing temperature on a daily basis. If the peak firing 
temperature exceeds 1540[deg]C (2800[deg]F), the owner or operator must 
take corrective action according to the facility's standard operating 
procedures.
    For all sources that operate an APCD for their atomized spray glaze 
operations, we are requiring daily and weekly visual APCD inspections, 
daily EPA Method 22 visible emissions (VE) tests (40 CFR part 60, 
appendix A-7), or an EPA-approved alternative monitoring program to 
ensure that the APCD is kept in a satisfactory state of maintenance and 
repair and continues to operate effectively.
    The owner or operator is allowed to use existing operating permit 
documentation to meet the monitoring requirements, provided it includes 
the necessary monitoring records (e.g., the date, place, and time of 
the monitoring; the person conducting the monitoring; the monitoring 
technique or method; the operating conditions during monitoring; and 
the monitoring results).
    Notification and recordkeeping requirements. We are requiring that 
affected sources submit Initial Notifications and Notifications of 
Compliance Status according to the part 63 General Provisions. 
Facilities must submit the notifications by April 24, 2008.

B. Area Source NESHAP for Glass Manufacturing

1. Summary of Changes Since Proposal
Applicability
    We have revised the applicability criteria of the rule in Sec.  
63.11448 to clarify that periodic or pot furnaces are not part of the 
source category. The final rule applies only to glass manufacturing 
plants that operate continuous furnaces and use one or more of the 
glass manufacturing metal HAP as raw materials.
    In light of the changes made to the applicability criteria in Sec.  
63.11448, we added a new paragraph to Sec.  63.11449(a)(1), which 
states that, to be an affected source, the furnace must be a continuous 
furnace. We added a definition of ``continuous furnace'' to Sec.  
63.11459 to further clarify how affected furnace is defined. We made an 
additional revision to Sec.  63.11449(a) to clarify that, consistent 
with the proposed rule, to be an affected source, a furnace must 
produce least 45 Mg/yr (50 tpy) of glass that contains one or more of 
the glass manufacturing metal HAP as raw materials. In the proposed 
rule, it was unclear whether a furnace that is used to produce more 
than 45 Mg/yr (50 tpy) of glass, but less than 45 Mg/yr (50 tpy) of 
glass containing metal HAP as raw materials, would be an affected 
source. The revision clarifies that such a furnace would not be an 
affected furnace. Finally, we inserted a new paragraph Sec.  
63.11449(b) to clarify that furnaces that are used exclusively for 
research and development (R&D) are not part of the source category and 
are therefore not subject to regulation under this final rule. We also 
added a definition for ``research and development process unit'' to 
Sec.  63.11459.
    In addition, we identified an error in the wording of the 
applicable compliance dates, and we have revised Sec.  63.11449 since 
proposal to clarify that an affected source is existing if construction 
or reconstruction was commenced on or before September 20, 2007, and an 
affected source is new if construction or reconstruction was commenced 
after September 20, 2007. These clarifications of existing and new 
source are consistent with the definitions specified in Sec.  63.2. 
Finally, we added a paragraph to the regulation to clarify that 
affected facilities must obtain a title V permit.

[[Page 73183]]

Performance Test Requirements
    We revised Sec.  63.11452(a) by adding paragraph (a)(3), which 
addresses the situation in which a facility operates affected furnaces 
that are identical. The new paragraph allows the owner or operator to 
demonstrate compliance for all such identical furnaces by testing only 
one of the furnaces. The additional paragraph specifies the criteria 
for determining if one furnace is identical to another and the 
conditions under which the furnace must be tested.
    Under Sec.  63.11452(b), we deleted paragraph (b)(2), which was 
redundant and renumbered the remaining paragraphs accordingly. We 
revised Sec.  63.11452(b)(8), which formerly was paragraph (b)(9), to 
state that sampling ports for performance testing are to be located at 
the outlet to the furnace control device or in the furnace stack. The 
proposed rule was unclear regarding the exact location for emission 
testing. We added an alternative test method to Methods 3, 3A, and 3B 
for gas molecular weight analysis. We reorganized the paragraphs that 
address testing for PM or metal HAP to clarify which procedures to 
follow to determine compliance with the PM emission limit and which 
procedures to follow to determine compliance with the metal HAP 
emission limit. We also revised the definition of the metal HAP mass 
emission rate in Equation 2, which is signified as the variable 
``ERM''. This variable specifies which metals are to be included in the 
analysis of the emission samples that are collected during testing. The 
revised text clarifies that ERM represents the combined mass emission 
rates for only those glass manufacturing metal HAP that are added as 
raw materials in the batch formulation.
Monitoring and Continuous Compliance Requirements
    We revised the monitoring requirements by adding paragraph Sec.  
63.11454(a)(7), which specifies that the required monitoring must be 
performed any time the affected furnace is producing glass that is 
charged with one or more of the glass manufacturing metal HAP. 
Monitoring also must be performed during all transition phases from 
glass containing metal HAP to glass that does not contain metal HAP 
(i.e., until all HAP-containing glass has left the furnace melter). 
These transition phases encompass the period that begins when the plant 
stops charging the metal HAP as raw materials and ends when the furnace 
is producing a saleable product that does not contain the glass 
manufacturing metal HAP as raw materials.
    We revised Sec.  63.11455(c) to clarify that the continuous 
compliance requirements apply whenever the affected furnace is 
producing glass that contains one or more of the glass manufacturing 
metal HAP, including any transition phases from metal HAP-containing 
glass to glass that does not contain the metal HAP. We also revised 
paragraph Sec.  63.11455(c) to clarify the monitoring requirements for 
existing furnaces versus the monitoring requirements for new furnaces. 
We further revised Sec.  63.11455 by adding paragraph (e) to clarify 
the continuous compliance requirements for affected furnaces that can 
meet the emission limits without the use of a control device. In such 
cases, the only requirements for demonstrating continuous compliance is 
to meet the applicable recordkeeping requirements specified in Sec.  
63.11457.
Notifications
    We have revised Sec.  63.11456 to simplify the section and clarify 
that the deadline for submitting the Initial Notification is 120 days 
after the furnace becomes subject to the rule, regardless of whether 
the furnace is existing or new.
Definitions
    We have revised several of the definitions specified in Sec.  
63.11459 and added a number of new definitions to the section. We 
revised the definition of cullet to clarify that cullet is not 
considered a raw material when determining if a furnace is an affected 
source. We revised the definition of a glass melting furnace, which is 
defined in the final rule as the process unit in which raw materials 
are charged and melted at high temperature to produce molten glass. The 
previous definition included the raw material charging system and other 
appendages to the furnace. However, the revised definition is 
consistent with the procedures for testing furnaces to demonstrate 
compliance. We revised the definition of particulate matter by 
replacing the modifier ``total'' with ``filterable.'' This revision 
makes the definition consistent with the test methods specified for 
demonstrating compliance with the PM emission limit. Finally, we 
revised the definition of raw material to clarify that it excludes 
cullet and material that is recycled from the furnace control device.
    To clarify the applicability requirements in Sec. Sec.  63.11448 
and 63.11449, we added the definition of continuous furnace. To clarify 
the performance testing requirements, we have added a definition for 
furnace stack. We also added a definition for identical furnaces, which 
pertains to the performance testing requirements for a facility that 
operates more than one identical furnace. Finally, we added a 
definition for research and development process unit. This definition 
was needed to clarify in Sec.  63.11449(b) that furnaces used strictly 
for R&D are not subject to regulation under this final rule. Glass 
manufacturing furnaces used only for R&D were not part of the 1990 
inventory and are not part of the listed source category.
Implementation and Enforcement Authority
    We deleted paragraph Sec.  63.11460(c), which was redundant. We 
also added a new paragraph (b)(2) to clarify that EPA retains the 
authority for approving alternative test methods.
2. Summary of Final Rule
Applicability and Compliance Dates
    This NESHAP applies to any glass manufacturing plant that is an 
area source of HAP emissions and operates one or more continuous 
furnaces which produce at least 45 Mg/yr (50 tpy) of glass per furnace 
by melting a mixture of raw materials that includes compounds of one or 
more of the glass manufacturing metal HAP. The rule does not apply to 
periodic furnaces or furnaces that are used strictly for research and 
development.
    The compliance date for existing sources is December 28, 2009. 
However, owners or operators of affected sources may request an 
extension of one additional year to comply with the rule, as allowed 
under section 112(i)(3)(B) of the CAA and under Sec.  63.6(i)(4)(A), if 
the additional time is needed to install emission controls. The 
compliance date for new sources is December 26, 2007 or the startup 
date for the source, whichever is later. The compliance date for 
facilities with no affected sources as of December 26, 2007 and which 
later change processes or increase production and trigger applicability 
of the rule, is 2 years following the date on which the facility made 
the process changes or increased production and thereby became subject 
to the NESHAP.
Standards
    The Glass Manufacturing area source category was listed for 
regulation under section 112(c)(3) for its contribution of the 
following urban HAP: arsenic, cadmium, chromium, lead, manganese, and 
nickel. The glass manufacturing final rule requires each new or 
existing affected furnace to comply with a PM

[[Page 73184]]

emission limit of 0.1 gram per kilogram (g/kg) (0.2 pound per ton (lb/
ton)) of glass produced or an equivalent metal HAP emission limit of 
0.01 g/kg (0.02 lb/ton) of glass produced.
Performance Testing
    This final rule requires an initial one-time performance test on 
each affected furnace unless the furnace had been tested during the 
previous 5 years, and the previous test demonstrated compliance with 
the emission limits in this rule using the same test methods and 
procedures specified in this rule. This final rule requires testing 
using EPA Methods 5 or 17 (for PM emissions) or EPA Method 29 (for 
metal HAP emissions) in 40 CFR part 60, appendix A. This final rule 
also allows the owner or operator of affected identical furnaces to 
test only one of the furnaces if certain conditions are met.
Monitoring
    The owner or operator of an existing affected glass furnace that is 
controlled with an electrostatic precipitator (ESP) must monitor the 
secondary voltage and secondary electrical current to each field of the 
ESP continuously and record the results at least once every 8 hours. 
The owner or operator of a new affected furnace equipped with an ESP 
must install and operate one or more continuous parameter monitoring 
systems to continuously measure and record the secondary voltage and 
secondary electrical current to each field of the ESP. Either of these 
parameters dropping below established levels provides an indication 
that the electrical power to the ESP field in question has decreased, 
and collection efficiency may have decreased accordingly.
    Owners or operators of an existing affected glass furnace that is 
controlled with a fabric filter must monitor the fabric filter inlet 
temperature continuously and record the results at least once every 8 
hours. The owner or operator of a new affected furnace that is equipped 
with a fabric filter must install and operate a bag leak detector.
    As an alternative to monitoring ESP secondary voltage and 
electrical current or fabric filter inlet temperature, owners or 
operators of affected furnaces equipped with either of these control 
devices have the option of requesting alternative monitoring, as 
allowed under Sec.  63.8(f). The alternative monitoring request must 
include a description of the monitoring device or monitoring method to 
be used; instrument location; inspection procedures; quality assurance 
and quality control measures; the parameters to be monitored; and the 
frequency with which the operating parameter values would be measured 
and recorded. The owner or operator of an affected furnace that is 
equipped with a control device other than an ESP or fabric filter, or 
that uses other methods to reduce emissions, must submit a request for 
alternative monitoring, as described in Sec.  63.8(f).
Control Device Inspections
    The owner or operator of an affected furnace must conduct initial 
and periodic inspections of the furnace control device. For fabric 
filters, the final rule requires annual inspections of the ductwork, 
housing, and fabric filter interior. For electrostatic precipitators, 
this final rule requires annual inspections of the ductwork, hopper, 
and housing, and inspections of the ESP interior every 2 years.
Notification and Recordkeeping
    Owners and operators of all affected glass manufacturing plants 
that operate at least one continuous furnace that produces at least 45 
Mg/yr (50 tpy) of glass using any of the glass manufacturing metal HAP 
as raw materials must submit an Initial Notification, as required under 
Sec.  63.9(b). Any facility with an affected source also must submit a 
Notification of Compliance Status, as specified in Sec.  63.9(h).
    Owners and operators of glass manufacturing facilities are required 
to keep records of all notifications, as well as supporting 
documentation for the notifications. In addition, they must keep 
records of performance tests; parameter monitoring data; monitoring 
system audits and evaluations; operation and maintenance of control 
devices and monitoring systems; control device inspections; and glass 
manufacturing batch formulation and production.

C. Area Source NESHAP for Secondary Nonferrous Metals Processing

1. Applicability and Compliance Dates
    There was an error in the wording of the applicable compliance 
dates, and we have revised the rule since proposal to clarify that an 
affected source is existing if construction or reconstruction was 
commenced on or before September 20, 2007, and an affected source is 
new if construction or reconstruction was commenced after September 20, 
2007. These clarifications of existing and new sources are consistent 
with the definitions specified in Sec.  63.2.
    The final standards apply to any new or existing affected source at 
an area source secondary nonferrous metals processing facility. The 
affected source includes all crushing or screening operations at a 
secondary zinc processing facility and all furnace melting operations 
located at a secondary nonferrous metals processing facility.
    The owner or operator of an existing affected source must comply 
with the standards by December 26, 2007. The owner or operator of a new 
affected source is required to comply with the standards by December 
26, 2007, or upon initial startup, whichever is later.
2. Standards
    The Secondary Nonferrous Metals Processing area source category was 
listed for regulation under section 112(c)(3) for its contribution of 
the following urban HAP: arsenic, chromium, lead, manganese, and 
nickel. We proposed to require the use of a fabric filter or baghouse 
that achieves a PM control efficiency of 99 percent for existing 
sources and 99.5 percent for new sources. Since our proposal, we 
learned that a facility had insufficient inlet ductwork to conduct a 
performance test for determining collection efficiency. The facility 
requested that we add an alternate emission limit expressed as an 
outlet concentration limit to the final standards.
    As we noted in the proposed rule, the 10 existing facilities 
reported using baghouses on crushing or screening operations at 
secondary zinc facilities and on furnace melting operations at all 
facilities and that such baghouses performed at a PM collection 
efficiency of at least 99 percent or achieved an outlet PM 
concentration not exceeding 0.050 grams per dry standard cubic meter 
(g/dscm) (0.022 grains per dry standard cubic foot (gr/dscf)) where 
collection efficiency was not reported. Based on available outlet 
concentration data from ICR responses in the proposal docket and 
consideration of baghouse performance at similar sources, we have 
determined that limiting outlet PM concentrations to 0.034 g/dscm 
(0.015 gr/dscf) and 0.023 g/dscm (0.010 gr/dscf) would control PM and 
metal HAP emissions at levels that are equivalent to the levels of 
control from using a baghouse with a control efficiency of 99 and 99.5 
percent, respectively. Because both the proposed control efficiency 
standards and the equivalent outlet concentration limits reflect the 
GACT levels of control, we have revised the proposed standards to 
include the outlet concentration limits as alternatives to the control 
efficiency standards.
    The final standards require the owner or operator of an existing 
affected source

[[Page 73185]]

to route the emissions from the affected source through a fabric filter 
or baghouse that achieves a control efficiency of at least 99.0 percent 
or an outlet PM concentration limit of 0.034 g/dscm (0.015 gr/dscf). 
The owner or operator of a new affected source must route the emissions 
from the affected source through a fabric filter or baghouse that 
achieves a control efficiency of at least 99.5 percent or an outlet PM 
concentration limit of 0.023 g/dscm (0.010 gr/dscf).
3. Compliance Requirements
    Performance test requirements. The owner or operator of any 
existing or new affected source must conduct a one-time initial 
performance test on the affected source. However, a new performance 
test is not required for existing affected sources that were tested 
within the past 5 years of the compliance date if the test was 
conducted using the same procedures specified in the standards and 
either no process changes had been made since the test, or the owner or 
operator demonstrates that the results of the performance test, with or 
without adjustments, reliably demonstrated compliance despite process 
changes. The tests for new and existing affected sources are to be 
conducted using EPA Method 5 in 40 CFR part 60, appendix A-3 or EPA 
Method 17 in 40 CFR part 60, appendix A-6.
    Initial control device inspection. The owner or operator of each 
existing and new affected source is required to conduct an initial 
inspection of each baghouse. The owner or operator must visually 
inspect the system ductwork and baghouse unit for leaks and inspect the 
inside of each baghouse for structural integrity and fabric filter 
condition. The owner or operator must record the results of the 
inspection and any maintenance action taken.
    For each installed baghouse which is in operation during the 60 
days after the compliance date, the owner or operator must conduct the 
initial inspection no later than 60 days after the applicable 
compliance date. For an installed baghouse which is not in operation 
during the 60 days after the compliance date, the owner or operator is 
required to conduct an initial inspection prior to startup of the 
baghouse. An initial inspection of the internal components of a 
baghouse is not required if an inspection has been performed within the 
past 12 months.
    Monitoring requirements. For existing affected sources, the owner 
or operator must conduct either daily visible emission (VE) tests using 
EPA Method 22 (40 CFR part 60, appendix A-7) or weekly visual 
inspections of the baghouse system ductwork for leaks, as well as 
annual inspections of the interior of the baghouse to determine its 
structural integrity and to determine the condition of the fabric 
filter. For new affected sources, the owner or operator must operate 
and maintain a bag leak detection system for each baghouse used to 
comply with the standards. The final standards require the owner or 
operator to keep records of the date, place, and time of the 
monitoring; the person conducting the monitoring; the monitoring 
technique or method; the operating conditions during monitoring; and 
the monitoring results.
    Notification and recordkeeping requirements. The owner or operator 
of an affected source must submit an Initial Notification and 
Notification of Compliance Status. The Notification of Compliance 
status must include, among other information, the results from the one-
time initial performance test and certifications of compliance for the 
standards. We proposed to require facilities to submit both 
notifications no later than 120 days after the applicable compliance 
date regardless of whether they were required to conduct a performance 
test. Since our proposal, we discovered that, although we had intended 
to allow sources 180 days from the compliance date to conduct the 
initial performance test and an additional 60 days to submit the 
results of the performance test, the proposed rule implicitly shortened 
that time frame by 120 days because it required that the Notification 
of Compliance status include the performance test results and be 
submitted within 120 days of the compliance date. Therefore, to afford 
sources the full time to conduct the performance test and submit the 
results of the testing, we have revised our proposal in this final rule 
to require that sources required to do performance testing submit the 
Notification of Compliance Status before the close of business of the 
60th day following the completion of a performance test.

IV. Exemption of Certain Area Source Categories From Title V Permitting 
Requirements

    We did not receive any comments on our proposal to exempt 
facilities in the Clay Ceramics and Secondary Nonferrous Metals 
Processing area source categories from title V permitting requirements. 
Therefore, this final rule does not require facilities in these source 
categories to obtain an operating permit under 40 CFR part 70 or part 
71.
    The proposed Glass Manufacturing Area Source NESHAP would have 
required affected facilities to obtain title V permits. Although we 
received public comments requesting that we exempt the Glass 
Manufacturing Area Source Category from title V, we are finalizing the 
approach in the proposed rule and are not exempting the source category 
from title V. The reasons for this decision are summarized in this 
notice in the Summary of Comments and Responses section for the Area 
Source NESHAP for Glass Manufacturing.

V. Summary of Comments and Responses

    A. Area Source NESHAP for Clay Ceramics Manufacturing
    Comment: One commenter noted that the intent of the CAA, as it 
relates to the Area Source Program, was to bring about reductions in 
HAP emissions from area sources. The commenter expressed disappointment 
that some of the rules proposed under the Area Source Program (e.g., 
Clay Ceramics Manufacturing) will not result in emissions reductions 
and recommended that future area source rules incorporate provisions 
that will provide additional public health protection from the effects 
of HAP emissions from area sources.
    Response: As previously explained, we have determined that GACT for 
the Clay Ceramics Manufacturing area source category is (1) maintaining 
the peak firing temperatures of kilns firing glaze ceramic ware below 
1540 [deg]C (2800 [deg]F), (2) implementing the equipment requirement 
(wet control systems for PM emissions) for glaze spray booths at 
facilities with wet glaze usage above 227 Mg/yr (250 tpy), and (3) 
implementing the waste minimization practices for glaze spray booths at 
facilities with wet glaze usage at or below 227 Mg/yr (250 tpy). The 
use of PM controls and waste minimization practices has been shown to 
be very effective in controlling PM and metal HAP emissions from this 
area source category. Keeping kiln peak firing temperatures below the 
volatilization temperatures of the clay ceramics metal HAP in the spray 
glazes would also be effective in preventing volatilization of the clay 
ceramics metal HAP.
    The commenter does not challenge any aspect of EPA's proposed GACT 
determination for this area source category. Instead, the commenter 
makes a blanket assertion that EPA is not acting consistently with the 
purposes of the area source provisions in the CAA (i.e., sections 
112(c)(3) and 112(k)(3)(B)), because it is not requiring emission 
reductions beyond the level that is currently being achieved from this 
well-controlled source category. In support of this assertion, the 
commenter compares the requirements in the proposed rule to

[[Page 73186]]

the area source category's current emission and control status. Such a 
comparison is flawed and irrelevant.
    Congress promulgated the relevant CAA area source provisions in 
1990 in light of the level of area source HAP emissions at that time. 
Congress directed EPA to identify not less than 30 HAP which, as a 
result of emissions from area sources, present the greatest threat to 
public health in the largest number of urban areas, and to list 
sufficient area source categories to ensure that sources representing 
90 percent of the 30 listed HAP are subject to regulation. As explained 
in the Integrated Urban Air Toxics Strategy, EPA based its listing 
decisions on the baseline National Toxics Inventory (NTI) that the 
Agency compiled for purposes of implementing its air toxics program 
after the 1990 CAA Amendments (64 FR 38706, 38711, n.10). The baseline 
NTI reflected HAP emissions from clay manufacturing area sources in 
1990. Thus, contrary to the commenter's suggestion, the relevant 
emission level for comparison is the emission level reflected in our 
baseline NTI, not the current emission level.
    Furthermore, in promulgating the area source provisions in the CAA, 
Congress did not require EPA to issue area source standards that must 
achieve a specific level of emission reduction. Rather, Congress 
authorized EPA to issue standards under section 112(d)(5) for area 
sources that reflect GACT for the source category. To qualify as being 
generally available, a GACT standard would most likely be an existing 
control technology or management practice. Thus, it is not surprising 
that the GACT standard being finalized today codifies the existing 
effective HAP control approach being used by sources in the category. 
For the reasons stated above, this final rule is consistent with 
sections 112(c)(3), 112(k)(3)(B), and 112(d)(5).

B. Area Source NESHAP for Glass Manufacturing

1. Definition of Source Category
    Comment: Three commenters from companies that make stained glass 
commented that they own small facilities that operate, with one 
exception, small periodic furnaces (pot furnaces) that are charged with 
small amounts of the glass manufacturing metal HAP. They claim that 
their furnaces would be subject to the emission standards because they 
use the metal HAP and exceed the 45 Mg/yr (50 tpy) threshold. However, 
these companies allege that the costs of installing controls on their 
furnaces could put them out of business. One commenter stated that some 
artisans and schools also would be subject to the proposed rule based 
on the applicability criteria. Two of the commenters suggested that the 
rule exempt small businesses due to the burden that would result from 
complying with the proposed requirements. One commenter stated that the 
rule was based on an analysis of the glass manufacturing industry using 
data on large continuous furnaces that did not account differences in 
the manufacturing process and emissions associated with stained glass 
manufacturing. The commenter stated that the rule should exempt 
periodic furnaces.
    Response: After reviewing the emissions inventory in support of the 
listing decisions made pursuant to sections 112(c)(3) and 112(k) and 
available information, we have concluded that the glass manufacturing 
area source category was listed based on emissions from relatively 
large manufacturing plants that operated continuous glass furnaces. 
Periodic furnaces were not included in the inventory.
    The 45 Mg/yr (50 tpy) threshold that was proposed was meant to 
define the source category to include only these large manufacturers, 
but did not properly reflect this criterion. Therefore, we have revised 
Sec.  63.11448 to specify that periodic or pot furnaces are not subject 
to the final Glass Manufacturing Area Source NESHAP. We believe this 
revision will address most of the concerns of the stained glass 
manufacturing sector as well as other sectors and organizations, such 
as artisans, schools, studios, and other small facilities that produce 
glass using periodic furnaces.
    Comment: One commenter stated that flat glass should be excluded 
from the area source category for several reasons. According to the 
commenter, flat glass was not identified in the Integrated Urban Air 
Toxics Strategy as a source category for regulation. Therefore, the 
commenter suggests that EPA cannot regulate the flat glass industry 
under an area source standard. The commenter added that the 
administrative record refers only to pressed and blown glass, which has 
different Standard Industrial Classification (SIC) and North American 
Industrial Classification System (NAICS) codes than does flat glass 
manufacturing. The commenter also stated that the administrative record 
lacks evidence that flat glass manufacturers emit significant 
quantities of Urban HAP. The commenter pointed out that the Arsenic 
NESHAP does not apply to flat glass manufacturing for this same reason. 
Finally, the commenter stated that the proposed rule would not require 
any flat glass manufacturing plants to install or operate emission 
control devices.
    Response: As explained in the Federal Register Notice announcing 
the Integrated Urban Air Toxics Strategy (64 FR 38707, July 19, 1999), 
the process of listing area source categories for regulation would be 
an iterative ongoing approach that would be refined and modified as we 
obtained better data on emissions. Furthermore, as indicated in section 
112(e)(4) of the CAA, the listing of a particular source category is 
not considered final agency action until we issue emission standards 
for that source category. Therefore, the source category listing is not 
necessarily limited only to those sources initially identified by the 
listing. We considered this authority in light of the legislative 
history regarding glass manufacturing. The flat glass industry sector 
has always been part of the glass manufacturing industry, as evidenced 
by environmental statutes including the glass New Source Performance 
Standard (NSPS), the Arsenic NESHAP, as well as numerous State rules 
nationwide. Our study of the glass manufacturing industry includes 
container glass, pressed and blown glass, and flat glass sectors; these 
are generally similar with respect to the types of raw materials used 
and furnaces used to melt those raw materials.
    Regarding the comment that the administrative record lacks evidence 
that flat glass manufacturers emit significant quantities of Urban HAP, 
we point out that the record does show that some flat glass plants emit 
some of the glass manufacturing metal HAP. Because several flat glass 
manufacturers do use the glass manufacturing metal HAP in their 
formulations, and emit metal HAP as a result, because the raw materials 
and the melting process are the focal points of the proposed Glass 
Manufacturing Area Source NESHAP, and because of evidence in the 
legislative history, we determined that it was appropriate to include 
flat glass within the area source category.
    Based on our knowledge of the flat glass industry, the commenter is 
correct that no existing flat glass plants would have to install 
additional controls to comply with this final rule. However, there are 
existing flat glass plants that use the metal HAP as raw materials and 
will be subject to the other requirements of this final rule. Our data 
indicate these plants currently meet the emission limits and keep 
detailed records. Therefore, their additional burden as a result of 
this final rule is only related to notifications, which we believe are

[[Page 73187]]

justified. The notification requirements apply only if the plant uses 
one or more of the glass manufacturing metal HAP as raw materials; if 
the plant does not use any of the glass manufacturing metal HAP, this 
final rule does not apply. In the event that other flat glass 
manufacturers decide to change their current glass formulations to 
include metal HAPs, it is appropriate that those flat glass plants be 
subject to this final rule. Even in such an instance, an existing 
facility that changed their formulation such that it became subject to 
the requirements of the rule would have 2 years following the 
formulation change to comply with this final rule. For these reasons, 
we have concluded that inclusion of flat glass manufacturers in the 
Glass Manufacturing Area Source Category is warranted.
    Comment: One commenter requested clarification that the proposed 
rule applies only to area sources and not major sources of HAP 
emissions.
    Response: As specified in Sec.  63.11448, the Glass Manufacturing 
Area Source NESHAP applies only to area sources of the glass 
manufacturing metal HAP.
2. Definition of Affected Source
    Comment: Two commenters stated that, although the 45 Mg/yr (50 tpy) 
furnace threshold was meant to exclude small manufacturers, the 
proposed threshold is less than the amounts that some stained glass 
manufacturers, glass studios, and schools produce. The commenters 
believe that a higher threshold level is warranted to ensure that the 
small facilities that were meant to be excluded would not be subject to 
this final rule.
    Response: Although we considered revising the definition of 
affected source in response to the commenters' concerns, we have no 
data to indicate a specific higher threshold and why that threshold 
would be more appropriate than the 45 Mg/yr (50 tpy) level specified in 
the proposed rule. However, based on our review of the comments 
received on the proposed rule and the available data, we have decided 
to clarify that this final rule only applies to continuous furnaces and 
not to periodic furnaces. We believe this clarification ameliorates the 
commenters' concerns regarding the production threshold. In this final 
rule, we have revised Sec.  63.11448 to apply only to facilities that 
use continuous furnaces to produce glass.
    Comment: Two commenters expressed concern with the definition of 
affected source (i.e., furnace). Both commenters stated that the 
definition in the proposed rule, which was adopted from 40 CFR 60, 
subpart CC, Standards of Performance for Glass Manufacturing Plants 
(Glass NSPS), defines furnace to include the ``raw material charging 
system'' and ``appendages for conditioning and transferring molten 
glass to forming machines.'' One commenter pointed out that, in the 
proposed rule, compliance is demonstrated by testing the furnace stack. 
However, emissions from the ``charging system'' or ``appendages'' are 
not generally ducted to the furnace stack. The commenter stated that 
furnace was defined as it was in the NSPS to clarify what constitutes a 
modification; the definition was not meant to identify emission points 
or where stack testing should be performed. The other commenter 
explained that one of the company's plants adds colored frit to the 
molten glass in the forehearth, which is one of the ``appendages'' 
referenced in the definition of furnace. The commenter pointed out that 
emissions from the forehearth are not ducted to the furnace stack. 
Since the GACT analysis for glass furnaces was based on emissions from 
furnace stacks, the proposed emission limits should not apply to 
emissions from forehearths.
    Response: In developing the proposed rule, we determined GACT for 
this source category based on technology used to reduce emissions from 
glass melting furnace stacks. Glass furnace stacks generally exhaust 
emissions from the furnace melter, which is the part of the furnace 
where raw materials are charged and melted. Although furnace stacks may 
also exhaust emissions from other parts of, or appendages to, the 
furnace, it was our intent to regulate emissions from the furnace 
melter. This is consistent with our understanding of the emissions 
profile of glass manufacturing raw materials; that is, metal HAP are 
emitted from glass furnaces upon the initial melting step. Later 
remelting of glass, such as cullet and frit, does not re-emit the metal 
HAP once the glass has been formed or vitrified.
    To clarify this requirement, we have revised Sec.  63.11459 of this 
final rule to redefine the glass melting furnace as the ``* * * process 
unit in which raw materials are charged and melted at high temperature 
to produce molten glass.'' In addition, we have added to Sec.  63.11459 
a definition of furnace stack as the conduit or conveyance through 
which emissions from the furnace melter are released to the atmosphere. 
We also have revised Sec.  63.11452 in this final rule to clarify that 
compliance with the emission limits is determined by testing the 
furnace stack.
    Comment: One commenter requested that the rule exempt furnaces that 
are used strictly for R&D.
    Response: We agree with the commenter that this final rule should 
clarify that sources that are used exclusively for R&D purposes are not 
regulated by this rule because these sources were not part of the 
inventory. Therefore, we have added a provision to Sec.  63.11449 that 
clarifies that such furnaces are not covered by this final rule. We 
also have added to Sec.  63.11459 of this final rule a definition for 
research and development process units.
    Comment: Three commenters stated that the rule should specify a de 
minimis level for metal HAP usage, below which plants would have no 
requirements. Two of the commenters suggested setting annual de minimis 
levels for each regulated HAP, below which the rule limit would not 
apply.
    Response: With respect to the use of the glass manufacturing metal 
HAP in relatively small amounts, the proposed 0.01 g/kg (0.02 lb/ton) 
metal HAP emission limit should address the commenters' concerns. If 
metal HAP are added to the batch in very small amounts, compliance with 
the HAP emission limit could be achieved without having to install a 
control device on the affected furnace.
    It is appropriate under the area source program that glass 
manufacturers using large amounts of metal HAP in their furnaces 
install controls to reduce those emissions. Therefore, we have 
concluded that if would not be appropriate to develop de minimis levels 
for metal HAP usage.
    Comment: One commenter stated that the rule does not define 
reconstruction as it pertains to reconstructed sources. The commenter 
suggested that the NSPS definition of reconstruction be adopted or 
incorporated by reference.
    Response: Although the proposed rule did not define reconstruction, 
Sec.  63.11472 states that the definitions specified in the CAA and 
Sec.  63.2 of the General Provisions to part 63 also apply to the 
proposed rule. This is the definition of reconstruction that applies to 
all part 63 standards. Therefore, we believe it is the appropriate 
definition for the Glass Manufacturing Area Source NESHAP.
    Comment: One commenter addressed the applicability of the proposed 
rule for furnaces that are used both for making glass that does not 
contain metal HAP and glass that contains metal HAP. The commenter 
asked if the 45 Mg/yr (50 tpy) threshold that defines an affected 
source is based only on the amount of HAP-containing glass produced or 
on the total amount of glass produced, even

[[Page 73188]]

if the amount of HAP-containing glass was less than 45 Mg/yr (50 tpy).
    Response: It was our intent for the rule to apply to furnaces that 
produce at least 45 Mg/yr (50 tpy) of glass that contains one or more 
of the glass manufacturing metal HAP as raw materials. Therefore, a 
furnace that produces more than 45 Mg/yr (50 tpy) of glass would not be 
subject to this final rule if the amount of HAP-containing glass 
produced in the furnace were less than 45 Mg/yr (50 tpy). We have 
revised the definition of affected source in Sec.  63.11449 to clarify 
that a source is an affected source only if it produces at least 45 Mg/
yr (50 tpy) of glass that contains one or more of the metal HAP as raw 
materials.
3. Regulated Pollutants
    Comment: One commenter stated that the rule should not regulate 
arsenic because arsenic emissions are already regulated under the Glass 
Arsenic NESHAP. The commenter believes that the requirements for both 
rules will create overlapping and sometimes conflicting requirements. 
The commenter added that the reporting and recordkeeping burden for a 
second rule to regulate the same pollutant would be excessive.
    Response: The listing of glass manufacturing as an area source 
category was based in part on arsenic, which was identified in the 
section 112(k) inventory as one of the HAP emitted by glass 
manufacturing facilities. Therefore, we are required under sections 
112(c)(3) and (d) of the CAA to regulate emissions of arsenic from 
glass manufacturing plants that are area sources of HAP based on GACT 
for the glass manufacturing industry.
    With respect to the burden associated with complying with both 
rules, we have tried to minimize the burden associated with the Glass 
Manufacturing Area Source NESHAP. This final rule will require affected 
plants to submit an Initial Notification and a Notification of 
Compliance Status, but will require no additional reporting. 
Furthermore, the recordkeeping requirements are similar for both the 
proposed rule and the Glass Arsenic NESHAP. Therefore, we disagree that 
the reporting and recordkeeping burden associated with complying with 
both rules will be excessive. With respect to monitoring, the Glass 
Area Source NESHAP allows affected sources to request approval of 
alternative monitoring, which likely would result in no changes to the 
monitoring that is currently performed to comply with the Glass Arsenic 
NESHAP. In terms of testing, the Glass Area Source NESHAP requires only 
a one-time test and includes a provision for using data from a previous 
emission test conducted within the last 5 years, if the test 
demonstrates compliance with the emission limits specified in the Glass 
Area Source NESHAP.
4. Title V Permitting
    Comment: Two commenters addressed EPA's decision to not exempt the 
Glass Manufacturing Area Source Category from title V permitting. Both 
commenters disagreed with the statement in the preamble to the proposed 
rule that all of the facilities that would be affected by the proposed 
rule are already subject to title V. One commenter stated that at least 
one of the company's facilities, which is not subject to title V, would 
be subject to the proposed rule. The commenter also stated that EPA's 
reasons for exempting the Clay Ceramics Manufacturing and Secondary 
Nonferrous Metals Processing Source Categories from title V permitting 
also apply to the Glass Manufacturing Source Category. The other 
commenter stated that the company operates two plants that are not 
currently subject to title V, each with a furnace that would be subject 
to the proposed rule. Although both furnaces are scheduled for 
shutdown, the company may reconsider this decision to shut them down if 
market conditions change. The same commenter stated that it is possible 
that there are other non-title V facilities that would be subject to 
the proposed rule, and that it appears it was EPA's intent for the 
proposed rule to not cause additional facilities to become subject to 
title V. Both commenters requested that the proposed rule provide title 
V exemptions for facilities that are not currently subject to title V 
permitting.
    Response: Section 502(a) of the CAA requires sources subject to 
regulation under section 112 of the CAA to obtain a permit to operate. 
However, Section 502(a) authorizes the Administrator, in his 
discretion, to ``promulgate regulations to exempt one or more source 
categories (in whole or in part) from the requirement of (title V) if 
the Administrator finds that compliance with such requirements is 
impracticable, infeasible, or unnecessarily burdensome on such 
categories * * *.'' EPA promulgated a rule interpreting section 502(a) 
and therein stated that EPA may only exempt a category from title V 
permitting if we find compliance to be ``impracticable, infeasible, or 
unnecessarily burdensome'' and we determine that exempting the category 
would not adversely affect public health, welfare, or the environment 
(see 70 FR 75,320, 75,323 (Dec. 19, 2005)). Nowhere in the rule did we 
establish a presumption in favor of exempting sources from title V 
permitting, and the statute leaves such determinations to the 
discretion of the Administrator.
    The commenters have identified three glass manufacturer area source 
plants that are currently not subject to the operating permit 
requirements of CAA title V, which renders incorrect our assertion at 
proposal that all glass manufacturers that would be subject to this 
final rule were already subject to title V requirements. 
Notwithstanding this error, comments and other information in the 
record for this rulemaking do not demonstrate that compliance with 
title V permitting would be impracticable, infeasible, or unnecessarily 
burdensome for the sources in this category. Other than these two 
comments, we did not receive information during the comment period 
indicating that there are other sources that will be subject to this 
rule that do not have title V permits already. In this case, more than 
80 percent of the sources in the category have title V permits, and of 
the 3 facilities that do not have such permits, the affected furnaces 
at two of those facilities are currently scheduled for shutdown. Based 
on these facts, it is not readily apparent why it would be 
impracticable, infeasible, or unnecessarily burdensome for sources in 
this category to comply with the title V requirements.
    The two commenters that opposed our decision to not exempt the 
Glass Manufacturing Area Source Category from title V permitting did 
not identify their plants in question, did not explain how those plants 
differed in any way from other plants in this category that currently 
hold a title V permit, and did not explain how those differences would 
be relevant to the criteria for an exemption from title V.
    For example, one commenter supported its request for exempting its 
two plants from title V by stating a desire for flexibility in the 
event that one or more of the affected furnaces at the plants actually 
do not shut down. (As noted above, the commenter's current plan is to 
shut down the affected furnaces at these two facilities.) Source 
flexibility, while important, is not a factor EPA considers in 
determining whether to exempt a source from title V permitting 
requirements.
    The second commenter seeking a title V exemption for the glass 
manufacturing source category asserted that the reasons for exempting 
the other two source categories addressed in today's notice (Clay 
Ceramics Manufacturing and Secondary Non-ferrous Metals

[[Page 73189]]

Processing area sources) applied equally to this category. The 
commenter, however, offered no information substantiating this 
assertion, and we cannot dismiss obvious differences between the glass 
manufacturing source category and the source categories which received 
a title V exemption. These differences include whether most of the 
category already has a title V permit and whether most of the category 
is composed of small businesses that would incur economic hardship were 
title V requirements imposed on them.
    The decision to exempt a source category is made on a case-by-case 
basis according to the facts of the industry. According to information 
we have collected on the glass manufacturing area source category, we 
conclude, in the absence of contrary information, that a title V 
exemption for this area source category is not warranted. Therefore, in 
light of the lack of information supporting an exemption of this source 
category from the title V requirements, we have not exempted the Glass 
Manufacturing Area Source Category from title V under today's rule.
5. Emission Limits
    Comment: One commenter stated that, although emissions from glass 
furnaces vary by the type of glass produced, the proposed emission 
limits do not account for the relationship between PM emissions and 
glass type. The commenter noted that the Glass NSPS accounts for these 
differences by specifying different PM emission limits depending on the 
glass formulation and fuel type. The commenter explained that the 
differences in PM emissions result from differences in the 
volatilization rate of the constituents of the glass recipe. The 
commenter suggested that the proposed rule adopt the NSPS emission 
limits to account for these differences and to avoid confusion.
    Response: While the Glass NSPS does regulate glass manufacturing 
furnaces for emissions of PM, the purpose of the proposed area source 
NESHAP is to address metal HAP emissions from continuous glass 
manufacturing furnaces.
    Section 112(d)(5) of the CAA requires us to develop emission limits 
to reduce HAP emissions from area sources based on GACT. For the Glass 
Manufacturing Area Source Category, we determined GACT to be the level 
of control achieved by an ESP. In developing the PM emission limit for 
the proposed rule, our approach was to consider all of the available 
data on ESP-controlled PM emissions from glass manufacturing furnaces. 
Those data do not indicate that the variations in PM emissions due to 
glass formulation that are reflected in the emission limits of the 
Glass NSPS are appropriate for this rule. For example, the NSPS 
emission limits (in the format of PM emission factors) are higher for 
pressed and blown glass formulations than for container or flat glass 
formulations. However, the data used in developing the proposed PM 
emission limit do not indicate that controlled PM emissions from 
pressed and blown glass furnaces are higher than PM emissions from 
container or flat glass furnaces. In fact, the data with the lowest 
emission factors are from controlled pressed and blown glass furnaces. 
Although there are several possible explanations for this discrepancy, 
we point out that the NSPS emission limits are based on data from the 
1970s and may not be representative of current glass manufacturing 
furnace PM emissions and control device performance. In conclusion, we 
developed the proposed PM emission limit based on the best available 
data, and because those data do not indicate variations in controlled 
PM levels due to glass formulation, we are not adopting the NSPS 
emission limits or differentiating by glass formulation, as suggested 
by the commenter.
    Comment: One commenter pointed out that many existing glass 
furnaces comply with the Glass NSPS using modified processes without 
having to install emission controls. The commenter urged EPA to 
consider incorporating in this final rule the alternate emission limits 
for modified processes established in the NSPS. The commenter explained 
that the cost to retrofit a glass furnace with a control device is 
prohibitive, particularly in view of the amount of metal HAP reduced by 
such controls.
    Response: The Glass NSPS defines modified process as ``* * * any 
technique designed to minimize emissions without the use of add-on 
pollution controls.'' Thus, even though the regulated pollutant for the 
Glass NSPS is PM, the term ``modified process'' can apply to emissions 
of any pollutant. Several glass manufacturing furnaces subject to the 
NSPS have used this provision for meeting the less stringent PM 
emission limits for modified processes by installing controls or 
process modifications to reduce emissions of other pollutants, such as 
nitrogen oxides (NOX). However, under Section 112(d) of the 
CAA, we are required to establish area source standards specifically 
for emissions of the Urban HAP. Furthermore, we are required to base 
those emission standards on GACT. As noted above, we determined GACT 
for this source category based on the level of control achieved by an 
ESP in controlling metal HAP emissions, and for controlling PM 
emissions as a surrogate for metal HAP emissions.
    We understand that the costs of installing an ESP or equivalent 
control device on a glass furnace can be high. For example, we estimate 
the capital costs for installing a control device on a typical 
container furnace to be $800,000. However, our economic analysis of the 
industry indicates that the compliance costs for this final rule would 
be no more than 1 percent of sales, which we do not consider to be 
prohibitive. Although the metal HAP emissions reductions from an 
affected facility may be relatively low in terms of control costs, we 
note that, for facilities that use very small amounts of metal HAP in 
their glass formulations, the 0.01 g/kg (0.02 lb/ton) metal HAP 
emission limit can be met without having to install a control device. 
Finally, in addition to reductions in HAP emissions, the Glass 
Manufacturing Area Source NESHAP also will achieve significant 
reductions in fine PM emissions and will result in significant health 
benefits as a result of those reductions.
    Comment: One commenter stated that the proposed rule should 
incorporate factors to account for emissions during periods of low 
production, similar to the ``zero production rate'' factors specified 
in the Glass NSPS. The commenter reasoned that, without these factors, 
there will be confusion. Although the PM emission limit in the proposed 
rule (0.1 g/kg (0.2 lb/ton)) is the same as the NSPS limit for 
container glass furnaces and for soda lime and lead pressed and blown 
glass furnaces, the NSPS includes the zero production rate factor, 
whereas the proposed rule does not incorporate such a factor.
    Response: We appreciate the need to avoid confusion and to promote 
clarity in rulemaking, and we are sensitive to the need to implement 
the rule with easily understood materials and clear instruction. To 
that end, EPA currently plans to provide implementation guidance to 
minimize confusion that may be caused by the applicability of three 
Federal air pollution regulations that apply to this industry sector: 
the Arsenic NESHAP, the Glass NSPS, and this Area Source NESHAP. 
However, we have concluded that it would not be appropriate to 
incorporate one or more zero production rate factors in the final rule 
as suggested by the commenter. As specified in Sec.  63.11452(b)(4), 
compliance with the emission limits in the proposed rule must be 
determined

[[Page 73190]]

through emission testing when the furnace is operating at maximum 
production rate. Therefore, emission levels when the furnace is 
operating at low production rates are not relevant with respect to 
compliance with the emission limits. If the rule were to require 
demonstrating compliance with the emission limits on a continuous 
basis, such as by using a continuous emissions monitoring system, it 
could be argued that there is reason to incorporate a zero production 
rate factor. In such a case, the emission factor would likely increase 
as production approached zero, and at zero production, the emission 
factor would be undefined. However, that is not the case for the 
proposed rule, which requires parameter monitoring and recordkeeping to 
demonstrate continuous compliance. Finally, it should be noted that the 
proposed emission limits were developed from data that did not account 
for zero production rate emissions. Furthermore, specifying an emission 
limit without zero production rate factors is consistent with other 
NESHAP.
    Comment: One commenter questioned whether the proposed emission 
limits were based on data exclusively from large furnaces. The 
commenter explained that, when emissions are normalized for production, 
as is the case for the proposed emission factor format, they may not be 
representative of emissions from small furnaces if the limits are based 
on data from large furnaces. The commenter stated that, since the rule 
is likely to apply to small furnaces, the proposed limits should 
account for the higher emission factors characteristic of smaller 
furnaces. The commenter's company operates a small furnace that would 
be subject to the rule, as proposed, but would not be able to meet the 
proposed emission limit, even though the furnace is exhausted to a 
fabric filter. The commenter stated that a control efficiency of 99.91 
percent would be needed for the furnace to meet the proposed limit. The 
commenter suggested including a correction factor for small furnaces, 
such as the zero production rate factors specified in the Glass NSPS, 
to account for this difference in emission levels between large and 
small furnaces.
    Response: In developing the emission limits for the proposed rule, 
we reviewed all available emission test data on controlled furnaces, 
which included the results of tests on a wide range of furnace sizes or 
production rates. Because the production data for many of the furnaces 
were claimed as confidential business information, we cannot release 
the actual production rates to the public. However, we can provide 
information on the range of the data. The production data for the 
furnaces used to develop for the PM emission limit ranged from less 
than 0.9 megagram per hour (Mg/hr) (1 ton per hour (tph)) to just under 
27 Mg/hr (30 tph). Of the 19 data points used, 3 data points were for 
furnaces with production rates of less than 0.9 Mg/hr (1 tph) and 9 
data points were for furnaces with production rates less than 4.5 Mg/hr 
(5 tph). To develop the metal HAP emission limit, the furnace 
production rates ranged from less than 0.9 Mg/hr (1 tph) to just under 
23 Mg/hr (25 tph). Of the 15 data points used, the production rates for 
2 furnaces were less than 0.9 Mg/hr (1 tph), and the rates for 9 
furnaces were less than 4.5 Mg/hr (5 tph). Although the commenter did 
not specify the actual production rate for the furnace in question, 
furnaces with production rates less than 4.5 Mg/hr (5 tph) would most 
likely be considered small and furnaces with production rates less than 
0.9 Mg/hr (1 tph) would certainly be considered small. Therefore, we 
disagree with the commenter's assumption that only data from large 
furnaces were used to develop the proposed emission limits.
    Although the commenter's suggestion about including a zero 
production rate factor would reduce the stringency of the standard for 
small furnaces, we do not believe such a factor is needed for the 
reasons described in the previous paragraph. Furthermore, as discussed 
in our response to the previous comment, we do not believe a zero 
production rate factor is relevant for an emission limit that must be 
demonstrated by testing when the source is operating at the maximum 
production rate.
    Comment: One commenter stated that the process of manufacturing 
glass tableware is significantly different from container glass due to 
the need for higher quality requirements. The raw material formulations 
differ, and tableware furnaces operate at higher temperatures with 
longer residence times. Tableware furnaces also are smaller. The 
commenter stated that the South Coast Air Quality Management District 
uses an emission factor for tableware furnaces that is nearly five 
times the factor used for container glass furnaces.
    Response: We acknowledge that PM emissions from glass furnaces can 
vary as a function of the type of glass produced. We also recognize 
that glass tableware manufacturing is generally classified as a type of 
pressed and blown glass rather than container glass, and PM emission 
factors for pressed and blown glass furnaces typically are greater than 
PM emission factors for container glass furnaces. When determining GACT 
for the proposed rule, we used all the available data on emissions of 
PM and metal HAP from furnaces controlled with ESP. Most of the data 
used in developing the proposed emission factors were from emission 
tests on pressed and blown glass furnaces. Therefore, we believe those 
emission limits are generally representative of the emission levels 
that can be achieved by an ESP-controlled furnace manufacturing pressed 
and blown glass. We also point out that the NESHAP specifies a metal 
HAP emission limit which may be more appropriate for specific furnaces 
that have unusually high PM emissions.
    Commenter: One commenter noted that the proposed GACT does not take 
into consideration the unique nature of the stained glass industry, 
which generally uses small periodic furnaces rather than large 
continuous furnaces to produce glass. The commenter believes stained 
glass manufacturing should be a separate subcategory with GACT defined 
in terms of the practices and emission reduction methods followed by 
stained glass manufacturers.
    Response: Although we conducted an extensive information gathering 
effort to compile data for developing the proposed NESHAP, we had 
little data on the stained glass sector and no basis for identifying 
stained glass as a separate subcategory of the glass manufacturing 
industry. We agree with the commenter that GACT for stained glass, if 
identified as a subcategory, should be based on methods and practices 
used by that sector to reduce metal HAP emissions. Although we still do 
not have the data to warrant creating a separate subcategory for 
stained glass, we have revised Sec.  63.11448 of the rule to clarify 
that the rule applies to continuous furnaces and not to periodic 
furnaces. In doing so, we believe we have addressed the commenter's 
concerns.
6. Compliance Dates
    Comment: One commenter stated that most glass manufacturing 
furnaces are rebuilt every 10 to 15 years. The commenter suggested that 
the compliance date for an existing furnace should coincide with the 
next rebuild planned for that furnace. Otherwise, affected facilities 
would have to install controls ``on the fly,'' and doing so would 
interrupt glass production by forcing the facility to shut down 
affected furnaces for long periods. These shutdowns would result in 
significant costs to the affected facilities. The commenter pointed out 
that these costs

[[Page 73191]]

were not accounted for in the estimated cost effectiveness and impacts 
for the proposed rule.
    Response: Section 112(i) of the CAA specifies that NESHAP require 
compliance ``* * * as expeditiously as practicable, but in no event 
later than three years after the effective date* * *'' of the standard. 
Since we had no information indicating this would be the case for the 
glass manufacturing industry, we proposed a compliance date of 2 years 
after promulgation of this final rule, which is consistent with the 
compliance date for other NESHAP. We believe this provision should 
allow adequate time for affected sources to install the controls needed 
to comply with this final rule. However, in the event that 2 years in 
not adequate, Sec.  63.6(i)(3) of the General Provisions to part 63 
allows owners or operators of affected facilities to request a 1-year 
extension of the compliance date if they can demonstrate that they need 
the additional time to install controls.
    Comment: One commenter noted that additional time is needed for 
reconstructed furnaces to install controls. The company is rebuilding 
several furnaces in 2008, which would make them reconstructed furnaces. 
The compliance date for reconstructed sources would be the startup date 
(sometime in 2008), but it will take additional time to design, 
receive, and install a control device on the reconstructed furnaces.
    Response: The General Provisions to 40 CFR part 63 define ``new 
source'' to include reconstructed sources, and for sources subject to 
40 CFR part 63 standards, the compliance date for new sources is 
dictated by Sec.  63.6(b) of the General Provisions to part 63. That 
is, new sources must be in compliance on the effective date of the rule 
or upon startup, whichever is later. Based on the limited facts 
submitted by the commenter, it is unclear if the subject furnaces would 
be considered existing furnaces or new furnaces. The General Provisions 
to part 63 define ``commenced'' as it relates to reconstruction as 
entering ``* * * into a contractual obligation to undertake and 
complete, within a reasonable time, a continuous program of 
construction or reconstruction.'' The commenter should evaluate the 
facts of its particular situations in light of the definitions 
incorporated into this final rule.
7. Other Compliance Requirements
    Comment: One commenter identified an issue concerning furnaces that 
are used both for making glass that does not contain metal HAP and for 
making glass that contains metal HAP. The commenter requested 
clarification of the compliance requirements when the affected furnace 
is not producing glass that contains metal HAP.
    Response: We agree with the commenter that additional clarification 
is needed on furnaces that are used to produce HAP-containing glass and 
non-HAP glass. Our intent was that the emission limits and other 
compliance requirements would apply when the affected furnace is 
producing glass that contains one or more of the glass manufacturing 
metal HAP. We have revised Sec.  63.11454 to clarify that the 
monitoring requirements apply only during times when any of the glass 
manufacturing metal HAP are used in the glass being produced. We also 
have revised Sec.  63.11455 to clarify that the continuous compliance 
requirements apply under the same conditions. However, owners and 
operators must still keep the applicable records specified in Sec.  
63.11457, including records of production data, during any period when 
an affected furnace is operated, regardless of the batch formulation 
used.
    Comment: One commenter stated that the rule is unclear on the 
continuous compliance requirements for existing sources, particularly 
for sources that meet the metal HAP emission limit without having to 
install a control device.
    Response: We agree with the commenter that additional clarification 
is needed regarding continuous compliance requirements for affected 
furnaces that meet the emission limit without the use of an emission 
control device. We have revised Sec.  63.11455 of this final rule to 
clarify how owners or operators of affected sources must demonstrate 
continuous compliance. For the specific case cited by the commenter, 
the only continuous compliance requirement would be the recordkeeping 
requirements specified in Sec.  63.11457.
    Comment: One commenter stated that, even if a plant could meet the 
emission limit without installing a control device, the reporting and 
recordkeeping requirements of the rule are unnecessarily burdensome.
    Response: We disagree that the reporting and recordkeeping 
requirements of the proposed rule are overly burdensome. This final 
rule will require affected plants to submit an Initial Notification and 
a Notification of Compliance Status, but will require no reporting. As 
for the recordkeeping requirements, the proposed rule incorporates the 
basic requirements specified in the General Provisions to part 63, and 
our understanding is that most facilities routinely maintain these 
records.
8. Emission Testing
    Comment: Two commenters requested clarification of how emissions 
are tested and analyzed to show compliance with the proposed metal HAP 
emission limit. Both pointed out that the test method (Method 29) 
quantifies a wide range of metals, including metals that are not urban 
HAP and urban HAP metals that may not have been charged to the furnace 
as raw materials but could be present as contaminants in charge 
materials or fuels. The commenters stated that the rule should specify 
that emissions should be analyzed only for the metal HAP that are 
intentionally added to the batch as raw materials.
    Response: We agree with the commenters that the testing 
requirements specified in the proposed rule need further clarification 
regarding how the sampled emissions are analyzed. We have revised Sec.  
63.11452 in this final rule to clarify Equation 2, which is used to 
determine compliance with the metal HAP emission limit. We have defined 
the variable ``ERM'' in this final rule as the sum of the mass emission 
rates for the glass manufacturing metal HAP that are charged to the 
furnace as raw materials. We believe this revision addresses the 
commenters' concern.
    Comment: One commenter noted the definition of PM in the rule is 
ambiguous and could be interpreted to include filterable PM and 
condensible PM. Because the rule requires testing by Methods 5 or 17, 
and both of those methods measure filterable PM, the rule needs to 
clarify that the proposed PM emission limit refers to filterable PM. 
The commenter suggested that removing the word ``total'' from the 
definition would eliminate this ambiguity.
    Response: We agree with the commenter and have revised the 
definition of PM in Sec.  63.11458 by replacing the phrase ``total 
particulate emissions'' with ``filterable particulate emissions.'' This 
revised definition is consistent with the test methods (Methods 5 and 
17) that are specified for determining compliance.
    Comment: One commenter operates several identical furnaces that 
would be subject to the proposed rule. The commenter requested that the 
rule require testing on only one such furnace rather than on all of 
them.
    Response: We agree with the commenter that it should not be 
necessary to test multiple identical furnaces to demonstrate that all 
of the furnaces meet the emission limit. To

[[Page 73192]]

address this issue, we revised Sec.  63.11452(a) by adding paragraph 
(a)(3), which specifies conditions under which testing of a single 
furnace would be allowed as the compliance demonstration for other 
identical furnaces. Specifically, the owner or operator must certify 
that the furnaces that are not tested are identical in design to the 
furnace that is tested, including manufacturer, dimensions, production 
capacity, charging method, operating temperature, fuel type, burner 
configuration, and exhaust system configuration and design. 
Furthermore, the compliance test must be performed while the furnace is 
producing the glass formulation with the greatest potential to emit the 
glass manufacturing metal HAP, and the owner or operator must provide 
documentation that demonstrates why the tested glass formulation has 
the greatest potential to emit metal HAP.
9. Other Issues
    Comment: Two commenters requested clarification of the definition 
of raw material. The commenters stated it was not clear if cullet is 
considered a raw material, and they suggested revising the definition 
to exclude cullet. One of the commenters suggested adding the phrase 
``excluding glass manufacturing metal HAP that are introduced as 
cullet, trace constituents, or contaminants of other substances'' to 
Sec. Sec.  63.11448 and 63.11449(a)(1) to clarify what is considered a 
raw material. The other commenter suggested revising the definition of 
raw material to exclude material captured by control devices and 
recycled into the process.
    Response: We agree with the commenters that the proposed rule is 
not clear on whether or not cullet is considered a raw material. We 
also agree that material that is captured in a furnace control device 
and recycled should not be considered a raw material. We have revised 
the definition of raw material to state that cullet and material 
captured by the furnace control device are excluded. However, this 
definition does not exclude material collected from other sources, such 
as from fabric filters that are used to control emissions from raw 
material handling or transporting, because, while pre-vitrified 
materials do not re-emit metal HAP when remelted, baghouse fines from 
raw material handling and transporting have not been previously 
vitrified.
    Comment: One commenter stated that the rule is unclear as to the 
notification requirements for furnaces that, at the time of 
promulgation, were not subject, but later became subject due to 
increased production or changes in glass formulation.
    Response: To address the commenter's concern, we have revised Sec.  
63.11456(a) to indicate that the Initial Notification is due 120 days 
after the furnace becomes subject to this final rule due to increased 
production or changes in glass formulation. We also have revised Sec.  
63.11456(a) to specify deadlines for submitting the Notification of 
Compliance Status.

C. Area Source NESHAP for Secondary Nonferrous Metals Processing

    Comment: One commenter noted that the intent of the CAA, as it 
relates to the Area Source Program, was to bring about reductions in 
HAP emissions from area sources. The commenter expressed disappointment 
that some of the rules proposed under the Area Source Program (e.g., 
Secondary Nonferrous Metals Processing) will not result in emissions 
reductions and recommended that future area source rules incorporate 
provisions that will provide additional public health protection from 
the effects of HAP emissions from area sources.
    Response: As previously explained, we have determined that GACT for 
the Secondary Nonferrous Metals Processing area source category is the 
use of a baghouse or fabric filter that achieves a control efficiency 
of 99 percent for existing sources and 99.5 percent for new sources. 
\c\ The use of baghouses and fabric filters has been shown to be very 
effective in controlling PM and metal HAP emissions from this area 
source category. The commenter does not challenge any aspect of EPA's 
proposed GACT determination for this area source category. Instead, the 
commenter makes a blanket assertion that EPA is not acting consistently 
with the purposes of the area source provisions in the CAA (i.e., 
sections 112(c)(3) and 112(k)(3)(B)), because it is not requiring 
emission reductions beyond the level that is currently being achieved 
from this well-controlled source category. In support of this 
assertion, the commenter compares the requirements in the proposed rule 
to the area source category's current emission and control status. Such 
a comparison is flawed and irrelevant.
---------------------------------------------------------------------------

    \c\ As previously explained, we have determined that outlet 
concentration limits of 0.034 g/dscm (0.015 gr/dscf) and 0.023 g/
dscm (0.010 gr/dscf) reflect the GACT levels of control for existing 
and new secondary nonferrous processing area sources, respectively.
---------------------------------------------------------------------------

    Congress promulgated the relevant CAA area source provisions in 
1990 in light of the level of area source HAP emissions at that time. 
Congress directed EPA to identify not less than 30 HAP which, as a 
result of emissions from area sources, present the greatest threat to 
public health in the largest number of urban areas, and to list 
sufficient area source categories to ensure that sources representing 
90 percent of the 30 listed HAP are subject to regulation. As explained 
in the Integrated Urban Air Toxics Strategy, EPA based its listing 
decisions on the baseline NTI that the Agency compiled for purposes of 
implementing its air toxics program after the 1990 CAA Amendments. 64 
FR 38706, 38711, n. 10. The baseline NTI reflected HAP emissions from 
glass manufacturing area sources in 1990. Thus, contrary to the 
commenter's suggestion, the relevant emission level for comparison is 
the emission level reflected in our baseline NTI, not the current 
emission level.
    Based on EPA's baseline NTI, emissions of urban metal HAP from this 
area source category have been reduced from approximately 25 Mg/yr (28 
tpy) to less than 0.9 Mg/yr (1 tpy) since 1990. Furthermore, in 
promulgating the area source provisions in the CAA, Congress did not 
require EPA to issue area source standards that must achieve a specific 
level of emission reduction. Rather, Congress authorized EPA to issue 
standards under section 112(d)(5) for area sources, and those standards 
are to reflect GACT for the source category. To qualify as being 
generally available, a GACT standard would most likely be an existing 
control technology or management practice. Thus, it is not surprising 
that the GACT standard being finalized today codifies the existing 
effective HAP control approach being used by sources in the category. 
For the reasons stated above, this final rule is consistent with 
sections 112(c)(3), 112(k)(3)(B), and 112(d)(5).

D. Area Source NESHAP--General

    Comment: A commenter expressed his ``understanding that Congress 
only gave EPA [the authority] to establish requirements for new * * * 
[sic] major sources under the MACT and NSPS standards, and not new area 
sources.'' The commenter further claimed that new area sources are the 
``jurisdiction'' of State and local authorities. The commenter also 
expressed the policy objection ``that to allow EPA to establish new and 
modified source requirements is tantamount to overriding the authority 
given the States and locals for establishing Best Available Control 
Technology (BACT) through their new source review programs.'' The 
commenter further questioned which standard would apply to a new area 
source if EPA established GACT requirements on a new source, and

[[Page 73193]]

these requirements were to differ from BACT requirements in the NSR 
permit for the source.
    Response: The comment above raises issues of EPA's authority for 
establishing GACT for new area sources and the appropriateness of 
potentially ``overriding'' locally-made BACT determinations for such 
sources. As generally discussed in the background section of this final 
rule, section 112 explicitly requires that EPA list categories of major 
sources, 42 U.S.C. 7412(c)(1), and area sources if those area sources 
meet the listing criteria in 42 U.S.C. 7412(c)(3). Furthermore, the 
statute requires EPA to promulgate emission standards for all listed 
categories whether the category is composed of major sources of HAP or 
area sources and directs that these standards address new as well as 
existing sources (42 U.S.C. 7412(d) & 7412(f)(2)). For area sources, 
Congress has provided EPA the option to promulgate GACT in lieu of MACT 
standards (42 U.S.C. 7412(d)(5)). In establishing timeframes for 
compliance for ``any emission standard, limitation or regulation 
promulgated under this section [i.e., section 112],'' Congress allowed 
for different compliance dates for new and existing sources (42 U.S.C. 
112(i)(3). This provision reinforces Congress's intent that standards 
under section 112, including the required area source standards, 
address both new and existing sources. Therefore, the commenter's 
understanding of EPA's authority does not reflect these express 
provisions of the statute. Based on these statutory provisions, EPA 
disagrees with the commenter's position that EPA lacks authority to 
establish GACT for new area sources.
    Regarding the appropriateness of what the commenter calls 
``overriding'' the authority to set BACT and BACT limits, we agree that 
there is a theoretical possibility inherent in the statute to have a 
GACT standard differ in stringency with a BACT limit in a permit. 
Initially, we note that BACT is triggered by the emission of different 
pollutants than those regulated under section 112 (see 42 U.S.C. 
7412(b)(6)). The applicability provisions differ, and a major source 
under one program may or may not be a minor or area source under the 
other. Nevertheless, in many circumstances, a BACT limit targeting one 
pollutant may also, in effect, limit HAP emissions, and a HAP limit may 
incidentally limit a pollutant to which BACT would apply. It is a 
requirement for the owner or operator of a stationary source to comply 
with all air pollution control obligations that apply to the source 
under the CAA. To the extent that these obligations conflict and cannot 
be met simultaneously, the statute and EPA's regulations provide 
several mechanisms for resolving conflicts (e.g., provisions for 
developing alternate control and monitoring requirements, delegation 
mechanisms that allow States and local agencies to develop approvable 
alternate standards, etc.).
    Comment: One commenter recommended that EPA provide State and local 
agencies with sufficient additional grants so that they may participate 
in the implementation of additional area source rules. According to the 
commenter, Federal grants currently fall far short of what is needed to 
support State and local agencies in carrying out their existing 
responsibilities, and budget requests for the last two years have 
called for additional cuts. The commenter claimed that, without 
additional funding, some State and local air agencies may not be able 
to adopt and enforce additional area source rules. The commenter 
further stated that, even for permitting authorities that do not adopt 
these area source rules, it is possible that these rules will increase 
their work loads and resource needs. The commenter stated that, for 
example, synthetic minor permits (or Federally Enforceable State 
Operating Permits) will need to incorporate all applicable 
requirements, including area source standards. Noting that the title V 
permit fee funds are not available for these efforts, the commenter 
asserted that many State and local air agencies do not have sufficient 
resources for these responsibilities.
    Response: State and local air programs are an important and 
integral part of the regulatory scheme under the CAA. As always, EPA 
recognizes the efforts of State and local agencies in taking 
delegations to implement and enforce CAA requirements, including the 
area source standards under section 112. We understand the importance 
of adequate resources for State and local agencies to run these 
programs; however, we do not believe that this issue can be addressed 
through this rulemaking.
    EPA today is promulgating standards for the Secondary Nonferrous 
Metals Processing, Glass Manufacturing, and Clay Ceramics Manufacturing 
area source categories that reflect the practices currently in use by 
sources in these area source categories, and these standards represent 
what constitutes GACT for these categories under section 112(d)(5). 
GACT standards are technology-based standards. The level of State and 
local resources needed to implement these rules is not a factor that we 
consider in determining what constitutes GACT under section 112(d)(5). 
Moreover, we note that the commenter did not challenge our proposed 
determination to exempt from title V the Secondary Nonferrous Metals 
Processing or Clay Ceramics Manufacturing area source categories.
    Although the resource issue cannot be resolved through this 
rulemaking for the reason stated above, EPA remains committed to 
working with State and local agencies to implement this final rule. 
State and local agencies that receive grants for continuing air 
programs under CAA section 105 should work with their project officer 
to determine what resources are necessary to implement and enforce the 
area source standards. EPA will continue to provide the resources 
appropriated for section 105 grants consistent with the statute and the 
allotment formula developed pursuant to the statute.

VI. Impacts of the Final Area Source Standards

A. Glass Manufacturing

1. Air Quality Impacts
    For the three sources that will be required to install emission 
controls to meet the emission limits specified in this final rule, we 
estimate nationwide emissions of the glass manufacturing metal HAP to 
be 26.2 Mg/yr (28.9 tpy). We estimate that this final rule will reduce 
nationwide emissions of the glass manufacturing metal HAP by about 25.6 
Mg/yr (28.2 tpy). This final rule will also reduce emissions of PM by 
377 Mg/yr (415 tpy). These estimates are based on the assumption that 
an ESP will be installed on one pressed and blown glass furnace, and 
that fabric filters will be installed on two pressed and blown glass 
furnaces.
    We project that, during the first three years of the standard, nine 
new furnaces will be constructed and that all nine furnaces will be in 
the container glass sector. Because none of these new furnaces are 
expected to use any of the glass manufacturing metal HAP as raw 
materials, we project that none of the nine new furnaces will be 
affected by this final rule. Therefore, we estimate that this final 
rule will have no air quality impacts on new sources.
    Indirect or secondary air impacts of this final rule will result 
from the increased electricity usage associated with the operation of 
control devices. Assuming that plants will purchase electricity from a 
power plant, we estimate that the final standards will increase 
secondary emissions of criteria pollutants, including PM, sulfur 
dioxide (SO2), NOX, and carbon monoxide (CO)

[[Page 73194]]

from power plants. For the three existing sources that will be required 
to install emission controls, this final rule will increase secondary 
PM emissions by 0.28 Mg/yr (0.31 tpy); secondary SO2 
emissions by about 11.1 Mg/yr (12.2 tpy); secondary NOX 
emissions by about 5.5 Mg/yr (6.1 tpy); and secondary CO emissions by 
about 0.18 Mg/yr (0.20 tpy).
    For the estimated nine new sources within the Glass Manufacturing 
industry over the next three years, we estimate no secondary air 
impacts because we project that none of the new sources will be 
affected sources under this rule.
2. Water and Solid Waste Impacts
    To comply with this final rule, we expect that affected facilities 
will control emissions by installing and operating ESP or fabric 
filters, neither of which generates wastewater. Therefore, we project 
that this final rule will have no water impacts. Glass manufacturers 
typically purchase highly refined and purified raw materials, and they 
usually recycle internal captured baghouse and ESP fines into the raw 
material to be fed back into the furnace. Therefore, we expect the 
solid waste impacts to be far less than if facilities were to dispose 
of their ESP and baghouse fines. We estimate that this final rule will 
generate 37.7 Mg/yr (41.6 tpy) of solid waste from existing sources. 
These estimates are based on the assumption that an ESP will be 
installed on one pressed and blown glass furnace, and that fabric 
filters will be installed on two pressed and blown glass furnaces. For 
new sources, we estimate that this final rule will have no impacts on 
solid waste generation.
3. Energy Impacts
    Energy impacts consist of the electricity and fuel needed to 
operate control devices and other equipment that are required under 
this final rule. We assume that affected facilities will comply with 
this final rule by installing and operating either ESP or fabric 
filters, which require electricity to operate. Specifically, we assumed 
that an ESP will be installed on one pressed and blown glass furnace, 
and that fabric filters will be installed on two pressed and blown 
glass furnaces. Under this scenario, we project that this final rule 
will increase overall energy demand (i.e., electricity demand) for 
existing sources by about 1,970 megawatt-hours per year, or 7.1 
thousand gigajoules per year (6.7 billion British thermal units per 
year). We estimate that none of the nine new sources projected to go 
into operation during the first three years of the standard will be 
affected by this final rule. Therefore, we are not expecting any energy 
impacts for new sources.
4. Cost Impacts
    The estimated total capital costs of this final rule for existing 
sources are $1.42 million. These capital costs include the costs to 
purchase and install ESP or fabric filters on the three affected 
furnaces that are not currently controlled. The estimated annualized 
cost of this final rule for existing sources is $491,000 per year. The 
annualized costs account for the annualized capital costs of the 
control and monitoring equipment, operation and maintenance expenses, 
performance testing, and recordkeeping costs for the three existing 
facilities within the source category that will be required to install 
new emission controls. The other affected facilities will incur costs 
only for submitting the notifications and for annual control device 
inspections because those facilities already meet the testing, 
monitoring, and recordkeeping requirements that are required under this 
final rule.
    We estimate that none of the nine new sources projected to go into 
operation during the first three years of the standard will be affected 
sources under this final rule. Therefore, we estimate no cost impacts 
for new sources.
5. Economic Impacts
    Both the magnitude of control costs needed to comply with this 
final rule and the distribution of these costs among affected 
facilities can have an impact in determining how the market will change 
in response to the rule. Total annualized costs for this final rule are 
estimated to be approximately $0.48 million. Only three facilities are 
estimated to require additional capital costs because of this final 
rule.
    We obtained revenue data for two of the three companies that 
operate facilities that will be required to install emission controls 
under this final rule. Based on those data, cost-to-sales estimates for 
those two affected facilities are 0.66 percent and 1.0 percent, 
respectively. Revenue data were not available for the other facility 
that will be affected by this final rule, so the national average value 
of shipments per worker from the 2002 Census of Manufacturers was used 
along with the average number of workers per facility to estimate 
revenues. The resulting costs for this and the other two facilities are 
relatively small and are not expected to result in a significant market 
impact whether they are passed on to the purchaser or absorbed by the 
company.

B. Clay Ceramics Manufacturing

    Unlike the glass manufacturing industry, which still has some 
uncontrolled sources of urban HAP, sources in the clay ceramics 
manufacturing source category have made significant emission reductions 
through process changes and installation of control equipment. Affected 
sources are well-controlled, and our GACT determination reflects such 
controls. We estimate that the only impact to affected sources is the 
labor burden associated with the reporting and recordkeeping 
requirements. The cost associated with recordkeeping and the one-time 
reporting requirements is estimated to be $974 per facility.

C. Secondary Nonferrous Metals Processing

    Similar to the clay ceramics manufacturing industry, all of the 
affected sources in the secondary nonferrous metal processing category 
have installed control equipment on their furnace melting operations. 
Affected sources are well-controlled, and our GACT determination 
reflects such controls. We estimate that the only impact associated 
with this final rule is the reporting and recordkeeping requirements. 
The cost associated with recordkeeping and the one-time reporting 
requirements is estimated to be $390 per facility.

VII. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is a ``significant regulatory action'' because it may raise 
novel legal or policy issues. Accordingly, EPA submitted this action to 
the Office of Management and Budget (OMB) for review under Executive 
Order 12866, and any changes made in response to OMB recommendations 
have been documented in the docket for this action.

B. Paperwork Reduction Act

    The information collection requirements in these NESHAP for Clay 
Ceramics Manufacturing Area Sources, Glass Manufacturing Area Sources, 
and Secondary Nonferrous Metals Processing Area Sources have been 
submitted for approval to OMB under the Paperwork Reduction Act, 44 
U.S.C. 3501 et seq. The information collection requirements are not 
enforceable until OMB approves them.
    The recordkeeping and reporting requirements in these final rules 
are based on the information collection

[[Page 73195]]

requirements in the part 63 General Provisions (40 CFR part 63, subpart 
A). These recordkeeping and reporting requirements are mandatory 
pursuant to section 114 of the CAA (42 U.S.C. 7414). All information 
submitted to EPA pursuant to the information collection requirements 
for which a claim of confidentiality is made is safeguarded according 
to EPA's implementing regulations at 40 CFR part 2, subpart B.
    The NESHAP for Clay Ceramics Manufacturing area sources requires 
applicable one-time notifications required by the General Provisions. 
Plant owners or operators are required to include compliance 
certifications for the management practices in their Notifications of 
Compliance Status. The affected sources are expected to already have 
the required control and monitoring equipment in place and already 
conduct the required monitoring and recordkeeping activities.
    The annual burden for this information collection averaged over the 
first three years of this ICR is estimated to total 196 labor hours per 
year at a cost of approximately $16,600 for 17 existing clay ceramics 
manufacturing area sources (51 existing sources averaged over three 
years). No capital/startup costs or operation and maintenance costs are 
associated with the information collection requirements. No costs or 
burden hours are estimated for new clay ceramics manufacturing area 
sources because no new area sources are projected for the next three 
years.
    The NESHAP for Glass Manufacturing also requires applicable one-
time notifications required by the General Provisions, monitoring of 
control device parameters, and recordkeeping. The annual burden for 
this collection of information averaged over the first three years of 
this ICR is estimated to total 190 labor hours per year at a cost of 
$16,130 for the 21 glass manufacturing area source facilities that will 
be subject to this final rule. This burden estimate includes time for 
acquisition, installation, and use of monitoring technology and 
systems, one-time notifications, and recordkeeping. Total capital/
startup costs associated with the monitoring requirements (e.g., costs 
for hiring performance test contractors and purchase of monitoring and 
file storage equipment) over the three-year period of the ICR are 
estimated at $15,990, with operation and maintenance costs of $9,850/
yr. No costs or burden estimates are estimated for new sources because 
no new sources are project for the next three years.
    The NESHAP for Secondary Nonferrous Metals Processing area sources 
requires one-time notifications required by the General Provisions. 
Plant owners or operators are required to conduct performance tests and 
include compliance certifications for the percent PM reduction achieved 
by the required control device in their Notifications of Compliance 
Status. The affected sources are expected to already have the required 
control and monitoring equipment in place and already conduct the 
required monitoring and recordkeeping activities.
    The annual burden for this information collection averaged over the 
first three years of this ICR is estimated to total 15 labor hours per 
year at a cost of approximately $1,300 for three existing secondary 
nonferrous metals processing area sources (10 existing sources averaged 
over three years). No capital/startup costs or operation and 
maintenance costs are associated with the information collection 
requirements. No costs or burden hours are estimated for new secondary 
nonferrous metals processing area sources because no new area sources 
are projected for the next three years.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements; 
train personnel to be able to respond to a collection of information; 
search data sources; complete and review the collection of information; 
and transmit or otherwise disclose the information.
    An agency may not conduct or sponsor, and a person is not required 
to, respond to a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations in 40 CFR part 63 are listed in 40 CFR part 9. When this 
ICR is approved by OMB, the Agency will publish a technical amendment 
to 40 CFR part 9 in the Federal Register to display the OMB control 
number for the approved information collection requirements contained 
in these final rules.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act generally requires an agency to 
prepare a regulatory flexibility analysis of any rule subject to notice 
and comment rulemaking requirements under the Administrative Procedure 
Act or any other statute unless the agency certifies that the rule 
would not have a significant economic impact on a substantial number of 
small entities. Small entities include small businesses, small not-for-
profit enterprises, and small governmental jurisdictions.
    For the purposes of assessing the impacts of the area source NESHAP 
on small entities, a small entity is defined as: (1) A small business 
whose parent company meets the Small Business Administration size 
standards for small businesses found at 13 CFR 121.201 (less than 500 
to 750 employees for Clay Ceramics Manufacturing, less than 750 to 
1,000 employees for Glass Manufacturing, and less than 750 employees 
for Secondary Nonferrous Metals Processing, depending on the size 
definition for the affected NAICS code); (2) a small governmental 
jurisdiction that is a government of a city, county, town, school 
district, or special district with a population of less than 50,000; 
and (3) a small organization that is any not-for-profit enterprise, 
which is independently owned and operated and is not dominant in its 
field.
    After considering the economic impacts of these final rules on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. Based on our 
estimates, EPA does not expect any new clay ceramic or secondary 
nonferrous metal processing sources to be constructed in the 
foreseeable future and so, therefore, did not estimate the impacts for 
new clay ceramics manufacturing or secondary nonferrous metal 
processing sources. There would be no significant impacts on new or 
existing clay ceramics manufacturing facilities or secondary nonferrous 
metals processing facilities because these final rules do not create 
any new requirements or burdens other than minimal notification 
requirements. The minimal notification requirements consist of reading 
this final rule and providing two initial notifications to EPA: one 
notifying EPA that the facility is subject to this final rule and one 
notifying EPA that the facility is in compliance with this final rule. 
These notifications may be submitted together. We estimate the cost of 
these one-time notification requirements to be $974 for each clay 
ceramics manufacturing facility and $390 for each secondary nonferrous 
metals processing facility. These costs were estimated based on the 
costs of technical, management, and clerical support salaries. We also 
estimate that 34 clay ceramics facilities and 6 secondary nonferrous 
metals

[[Page 73196]]

processing facilities are owned and operated by small businesses. These 
notification costs would be less than 0.25 percent for any of these 
small businesses.
    Twenty-one glass manufacturing facilities are estimated to require 
additional costs because of this final rule. Only one of these 
facilities is a small business.
    Although these final rules will not have a significant economic 
impact on a substantial number of small entities, EPA nonetheless has 
tried to reduce the impact of this final rule on small entities. These 
final rules are designed to harmonize with existing State and local 
requirements.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures by State, local, and tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
one year. Before promulgating an EPA rule for which a written statement 
is needed, section 205 of the UMRA generally requires EPA to identify 
and consider a reasonable number of regulatory alternatives and adopt 
the least costly, most cost-effective, or least burdensome alternative 
that achieves the objectives of the rule. The provisions of section 205 
do not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective, or least burdensome alternative if the 
Administrator publishes with the final rule an explanation why that 
alternative was not adopted. Before EPA establishes any regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal governments, it must have developed under 
section 203 of the UMRA a small government agency plan. The plan must 
provide for notifying potentially affected small governments, enabling 
officials of affected small governments to have meaningful and timely 
input in the development of EPA regulatory proposals with significant 
Federal intergovernmental mandates, and informing, educating, and 
advising small governments on compliance with the regulatory 
requirements.
    EPA has determined that these final rules do not contain a Federal 
mandate that may result in expenditures of $100 million or more for 
State, local, and tribal governments, in the aggregate, or to the 
private sector in any one year. Thus, these final rules are not subject 
to the requirements of sections 202 and 205 of the UMRA. EPA has 
determined that these final rules contain no regulatory requirement 
that might significantly or uniquely affect small governments. These 
final rules contain no requirements that apply to such governments, 
impose no obligations upon them, and will not result in expenditures by 
them of $100 million or more in any one year or any disproportionate 
impacts on them.

E. Executive Order 13132: Federalism

    Executive Order 13132 (64 FR 43255, August 10, 1999) requires EPA 
to develop an accountable process to assure ``meaningful and timely 
input by State and local officials in the development of regulatory 
policies that have federalism implications.'' ``Policies that have 
federalism implications'' are defined in the Executive Order to include 
regulations that have ``substantial direct effects on the States, on 
the relationship between the national government and the States, or on 
the distribution of power and responsibilities among the various levels 
of government.''
    These final rules do not have federalism implications. They will 
not have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132. These final rules impose 
requirements on owners and operators of specified area sources and not 
State and local governments. Thus, Executive Order 13132 does not apply 
to these final rules.

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

    Executive Order 13175 (65 FR 67249, November 6, 2000), requires EPA 
to develop an accountable process to assure ``meaningful and timely 
input by tribal officials in the development of regulatory policies 
that have tribal implications.'' These final rules do not have tribal 
implications, as specified in Executive Order 13175. They will not have 
substantial direct effects on tribal governments, on the relationship 
between the Federal government and Indian tribes, or on the 
distribution of power and responsibilities between the Federal 
government and Indian tribes, as specified in Executive Order 13175. 
These final rules impose requirements on owners and operators of 
specified area sources and not tribal governments. Thus, Executive 
Order 13175 does not apply to these final rules.

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

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

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

    The glass manufacturing final rule is not a ``significant energy 
action'' as defined in Executive Order 13211, ``Actions Concerning 
Regulations That Significantly Affect Energy Supply, Distribution, or 
Use'' (66 FR 28355, May 22, 2001) because it is not likely to have a 
significant adverse effect on the supply, distribution, or use of 
energy. Existing energy requirements for this industry will not be 
significantly impacted by the additional pollution controls or other 
equipment that may be required by this final rule. Further, we have 
concluded that this final rule is not likely to have any significant 
adverse energy effects.
    The clay ceramics manufacturing and the secondary nonferrous metals 
processing final rules are not ``significant energy actions'' as 
defined in Executive Order 13211 (66 FR 28355, May 22, 2001) because 
they are not likely to have a significant adverse effect on the supply, 
distribution, or use of

[[Page 73197]]

energy. The energy requirements for these industries will remain at 
existing levels. No additional pollution controls or other equipment 
that would consume energy are required by these final rules. Further, 
we have concluded that these final rules are not likely to have any 
adverse energy effects.

I. National Technology Transfer Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act (NTTAA) of 1995 (Public Law No. 104-113, Section 12(d), 15 U.S.C. 
272 note) directs EPA to use voluntary consensus standards (VCS) in its 
regulatory activities, unless to do so would be inconsistent with 
applicable law or otherwise impractical. The VCS are technical 
standards (e.g., materials specifications, test methods, sampling 
procedures, and business practices) that are developed or adopted by 
VCS bodies. The NTTAA directs EPA to provide Congress, through OMB, 
explanations when the Agency does not use available and applicable VCS.
    These rules involve technical standards. EPA cites the following 
standards: EPA Methods 1, 1A, 2, 2A, 2C, 2F, 2G, 3, 3A, 3B, 4, 5, 17, 
22, and 29 (40 CFR part 60, appendix A).
    Consistent with the NTTAA, EPA conducted searches to identify 
voluntary consensus standards in addition to these EPA methods. No 
applicable voluntary consensus standards were identified for EPA 
Methods 1A, 2A, 2F, 2G, 22, and 29. The search and review results are 
in the dockets for these final rules.
    The search identified one voluntary consensus standard as 
acceptable alternatives to an EPA Method. The standard ASME PTC 19.10-
1981, ``Flue and Exhaust Gas Analyses,'' is cited in this rule for its 
manual method for measuring the oxygen, carbon dioxide, and carbon 
monoxide content of the exhaust gas. This part of ASME PTC 19.10-1981 
is an acceptable alternative to EPA Method 3B.
    The search for emissions measurement procedures identified 12 other 
voluntary consensus standards. EPA determined that these 12 standards 
identified for measuring emissions of the HAP or surrogates subject to 
emission standards in these final rules were impractical alternatives 
to EPA test methods for the purposes of the rules. Therefore, EPA does 
not intend to adopt these standards for these purposes. The reasons for 
the determinations for the 12 methods are discussed in the dockets to 
these final rules.
    Under Sec.  63.7(f) and Sec.  63.8(f) of Subpart A of the General 
Provisions, a source may apply to EPA for permission to use alternative 
test methods or alternative monitoring requirements in place of any 
required testing methods, performance specifications, or procedures.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes 
Federal executive policy on environmental justice. Its main provision 
directs Federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States.
    EPA has determined that these final rules will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because they increase the 
level of environmental protection for all affected populations without 
having any disproportionately high and adverse human health or 
environmental effects on any population, including any minority or low-
income population. These final rules establish national standards for 
each area source category.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801, et seq., as added by 
the Small Business Regulatory Enforcement Fairness Act of 1996, 
generally provides that before a rule may take effect the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to each House of Congress and to the Comptroller General 
of the United States. EPA will submit a report containing these final 
rules and other required information to the U.S. Senate, the U.S. House 
of Representatives, and the Comptroller General of the United States 
prior to publication of these final rules in the Federal Register. A 
major rule cannot take effect until 60 days after it is published in 
the Federal Register. This action is not a ``major rule'' as defined by 
5 U.S.C. 804(2). These final rules will be effective on December 26, 
2007.

List of Subjects in 40 CFR Part 63

    Environmental protection, Air pollution control, Hazardous 
substances, Incorporations by reference, Reporting and recordkeeping 
requirements.

    Dated: December 14, 2007.
Stephen L. Johnson,
Administrator.

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

PART 63--[AMENDED]

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

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

Subpart A--[Amended]

0
2. Section 63.14 is amended by revising paragraph (i)(1) to read as 
follows:


Sec.  63.14  Incorporations by reference.

* * * * *
    (i) * * *
    (1) ANSI/ASME PTC 19.10-1981, ``Flue and Exhaust Gas Analyses [Part 
10, Instruments and Apparatus],'' IBR approved for Sec. Sec.  
63.309(k)(1)(iii), 63.865(b), 63.3166(a)(3), 63.3360(e)(1)(iii), 
63.3545(a)(3), 63.3555(a)(3), 63.4166(a)(3), 63.4362(a)(3), 
63.4766(a)(3), 63.4965(a)(3), 63.5160(d)(1)(iii), 63.9307(c)(2), 
63.9323(a)(3), 63.11148(e)(3)(iii), 63.11155(e)(3), 63.11162(f)(3)(iii) 
and (f)(4), 63.11163(g)(1)(iii) and (g)(2), 63.11410(j)(1)(iii), Table 
5 of subpart DDDDD of this part, 63.11452(b)(11), and 
63.11466(c)(1)(iii).
* * * * *

0
3. Part 63 is amended by adding subpart RRRRRR to read as follows:
Subpart RRRRRR--National Emission Standards for Hazardous Air 
Pollutants for Clay Ceramics Manufacturing Area Sources

Applicability and Compliance Dates

Sec.
63.11435 Am I subject to this subpart?
63.11436 What parts of my plant does this subpart cover?
63.11437 What are my compliance dates?

Standards, Compliance, and Monitoring Requirements

63.11438 What are the standards for new and existing sources?
63.11439 What are the initial compliance demonstration requirements 
for new and existing sources?
63.11440 What are the monitoring requirements for new and existing 
sources?
63.11441 What are the notification requirements?
63.11442 What are the recordkeeping requirements?

[[Page 73198]]

Other Requirements and Information

63.11443 What General Provisions apply to this subpart?
63.11444 What definitions apply to this subpart?
63.11445 Who implements and enforces this subpart?
63.11446 [Reserved]
63.11447 [Reserved]

Tables to Subpart RRRRRR of Part 63

    Table 1 to Subpart RRRRRR of Part 63--Applicability of General 
Provisions to Subpart RRRRRR

Applicability and Compliance Dates


Sec.  63.11435  Am I subject to this subpart?

    (a) You are subject to this subpart if you own or operate a clay 
ceramics manufacturing facility (as defined in Sec.  63.11444), with an 
atomized glaze spray booth or kiln that fires glazed ceramic ware, that 
processes more than 45 megagrams per year (Mg/yr) (50 tons per year 
(tpy)) of wet clay and is an area source of hazardous air pollutant 
(HAP) emissions.
    (b) If you are an owner or operator of an area source subject to 
this subpart, you are exempt from the obligation to obtain a permit 
under 40 CFR part 70 or 71, provided you are not required to obtain a 
permit under 40 CFR 70.3(a) or 71.3(a) for a reason other than your 
status as an area source under this subpart. You must continue to 
comply with the provisions of this subpart applicable to area sources.


Sec.  63.11436  What parts of my plant does this subpart cover?

    (a) This subpart applies to any existing or new affected source 
located at a clay ceramics manufacturing facility.
    (b) The affected source includes all atomized glaze spray booths 
and kilns that fire glazed ceramic ware located at a clay ceramics 
manufacturing facility.
    (c) An affected source is existing if you commenced construction or 
reconstruction of the affected source on or before September 20, 2007.
    (d) An affected source is new if you commenced construction or 
reconstruction of the affected source after September 20, 2007.


Sec.  63.11437  What are my compliance dates?

    (a) If you have an existing affected source, you must comply with 
the standards no later than December 26, 2007.
    (b) If you have a new affected source, you must comply with this 
subpart according to paragraphs (b)(1) and (2) of this section.
    (1) If you start up your affected source on or before December 26, 
2007, you must comply with this subpart no later than December 26, 
2007.
    (2) If you start up your affected source after December 26, 2007, 
you must comply with this subpart upon initial startup of your affected 
source.

Standards, Compliance, and Monitoring Requirements


Sec.  63.11438  What are the standards for new and existing sources?

    (a) For each kiln that fires glazed ceramic ware, you must maintain 
the peak temperature below 1540 [deg]C (2800 [deg]F) and comply with 
one of the management practices in paragraphs (a)(1) and (2) of this 
section:
    (1) Use natural gas, or equivalent clean-burning fuel, as the kiln 
fuel; or
    (2) Use an electric-powered kiln.
    (b) You must maintain annual wet glaze usage records for your 
facility.
    (c) For each atomized glaze spray booth located at a clay ceramics 
manufacturing facility that uses more than 227 Mg/yr (250 tpy) of wet 
glaze(s), you must comply with the equipment standard requirements in 
paragraph (c)(1) of this section or the management practice in 
paragraph (c)(2) of this section.
    (1) Control the emissions from the atomized glaze spray booth with 
an air pollution control device (APCD), as defined in Sec.  63.11444.
    (i) Operate and maintain the APCD in accordance with the equipment 
manufacturer's specifications; and
    (ii) Monitor the APCD according to the applicable requirements in 
Sec.  63.11440.
    (2) Alternatively, use wet glazes containing less than 0.1 (weight) 
percent clay ceramics metal HAP.
    (d) For each atomized glaze spray booth located at a clay ceramics 
manufacturing facility that uses 227 Mg/yr (250 tpy) or less of wet 
glaze(s), you must comply with one of the management practices or 
equipment standards in paragraphs (d)(1) and (2) of this section.
    (1) Employ waste minimization practices, as defined in Sec.  
63.11444; or
    (2) Alternatively, comply with the equipment standard requirements 
described in paragraph (c)(1) of this section or the management 
practice described in paragraph (c)(2) of this section.
    (e) Surface applications (e.g., wet glazes) containing less than 
0.1 (weight) percent clay ceramics metal HAP do not have to be 
considered in determination of the 227 Mg/yr (250 tpy) threshold for 
wet glaze usage.


Sec.  63.11439  What are the initial compliance demonstration 
requirements for new and existing sources?

    (a) You must demonstrate initial compliance with the applicable 
management practices and equipment standards in Sec.  63.11438 by 
submitting a Notification of Compliance Status. For any wet spray glaze 
operation controlled with an APCD, you must conduct an initial 
inspection of the control equipment as described in Sec.  
63.11440(b)(1) within 60 days of the compliance date and include the 
results of the inspection in the Notification of Compliance Status.
    (b) You must demonstrate initial compliance with the applicable 
management practices or equipment standards in Sec.  63.11438 by 
submitting the Notification of Compliance Status within 120 days after 
the applicable compliance date specified in Sec.  63.11437.


Sec.  63.11440  What are the monitoring requirements for new and 
existing sources?

    (a) For each kiln firing glazed ceramic ware, you must conduct a 
daily check of the peak firing temperature. If the peak temperature 
exceeds 1540 [deg]C (2800 [deg]F), you must take corrective action 
according to your standard operating procedures.
    (b) For each existing or new atomized glaze spray booth equipped 
with an APCD, you must demonstrate compliance by conducting the 
monitoring activities in paragraph (b)(1) and either paragraph (b)(2) 
or (3) of this section:
    (1) Initial control device inspection. You must conduct an initial 
inspection of each particulate matter (PM) control device according to 
the requirements in paragraphs (b)(1)(i) or (ii) of this section. You 
must conduct each inspection no later than 60 days after your 
applicable compliance date for each installed control device which has 
been operated within 60 days of the compliance date. For an installed 
control device which has not been operated within 60 days of the 
compliance date, you must conduct an initial inspection prior to 
startup of the control device.
    (i) For each wet control system, you must verify the presence of 
water flow to the control equipment. You must also visually inspect the 
system ductwork and control equipment for leaks and inspect the 
interior of the control equipment (if applicable) for structural 
integrity and the condition of the control system. An initial 
inspection of the internal components of a wet control system is not 
required if an inspection has been performed within the past 12 months.

[[Page 73199]]

    (ii) For each baghouse, you must visually inspect the system 
ductwork and baghouse unit for leaks. You must also inspect the inside 
of each baghouse for structural integrity and fabric filter condition. 
You must record the results of the inspection and any maintenance 
action as required in paragraph (d) of this section. An initial 
inspection of the internal components of a baghouse is not required if 
an inspection has been performed within the past 12 months.
    (2) Periodic inspections/maintenance. Except as provided in 
paragraph (b)(3) of this section, you must perform periodic inspections 
and maintenance of each PM control device following the initial 
inspection according to the requirements in paragraphs (b)(2)(i) or 
(ii) of this section.
    (i) You must inspect and maintain each wet control system according 
to the requirements in paragraphs (b)(2)(i)(A) through (C) of this 
section.
    (A) You must conduct a daily inspection to verify the presence of 
water flow to the wet control system.
    (B) You must conduct weekly visual inspections of the system 
ductwork and control equipment for leaks.
    (C) You must conduct inspections of the interior of the wet control 
system (if applicable) to determine the structural integrity and 
condition of the control equipment every 12 months.
    (ii) You must inspect and maintain each baghouse according to the 
requirements in paragraphs (b)(2)(ii)(A) and (B) of this section.
    (A) You must conduct weekly visual inspections of the system 
ductwork for leaks.
    (B) You must conduct inspections of the interior of the baghouse 
for structural integrity and to determine the condition of the fabric 
filter every 12 months.
    (3) As an alternative to the monitoring activities in paragraph 
(b)(2) of this section, you may demonstrate compliance by:
    (i) Conducting a daily 30-minute visible emissions (VE) test (i.e., 
no visible emissions) using EPA Method 22 (40 CFR part 60, appendix A-
7); or
    (ii) Using an approved alternative monitoring technique under Sec.  
63.8(f).
    (c) If the results of the visual inspection, VE test, or 
alternative monitoring technique conducted under paragraph (b) of this 
section indicate an exceedance, you must take corrective action 
according to the equipment manufacturer's specifications or 
instructions.
    (d) You must maintain records of your monitoring activities 
described in paragraphs (a) through (c) of this section. You may use 
your existing operating permit documentation to meet the monitoring 
requirements if it includes, but is not limited to, the monitoring 
records listed in paragraphs (d)(1) through (5) of this section related 
to any kiln peak temperature checks, visual inspections, VE tests, or 
alternative monitoring:
    (1) The date, place, and time;
    (2) Person conducting the activity;
    (3) Technique or method used;
    (4) Operating conditions during the activity; and
    (5) Results.


Sec.  63.11441  What are the notification requirements?

    (a) You must submit an Initial Notification required by Sec.  
63.9(b)(2) no later than 120 days after the applicable compliance date 
specified in Sec.  63.11437. The Initial Notification must include the 
information specified in Sec.  63.9(b)(2)(i) through (iv) and may be 
combined with the Notification of Compliance Status required in 
paragraph (b) of this section.
    (b) You must submit a Notification of Compliance Status required by 
Sec.  63.9(h) no later than 120 days after the applicable compliance 
date specified in Sec.  63.11437. In addition to the information 
required in Sec.  63.9(h)(2), your notification(s) must include each 
compliance certification in paragraphs (b)(1) through (3) of this 
section that applies to you and may be combined with the Initial 
Notification required in paragraph (a) of this section.
    (1) For each kiln firing glazed ceramic ware, you must certify that 
you are maintaining the peak temperature below 1540 [deg]C (2800 
[deg]F) according to Sec.  63.11438(a) and complying with one of the 
management practices in Sec.  63.11438(a)(1) or (2).
    (2) For atomized glaze spray booths, you must certify that your 
facility's annual wet glaze usage is above or below 227 Mg/yr (250 
tpy).
    (3) For atomized glaze spray booths located at a clay ceramics 
manufacturing facility that uses more than 227 Mg/yr (250 tpy) of wet 
glaze(s), you must certify that:
    (i) You are operating and maintaining an APCD in accordance with 
Sec.  63.11438(c)(1), and you have conducted an initial control device 
inspection for each wet control system and baghouse associated with an 
atomized glaze spray booth; or
    (ii) Alternatively, you are using wet glazes containing less than 
0.1 (weight) percent clay ceramics metal HAP according to Sec.  
63.11438(c)(2).
    (4) For atomized glaze spray booths located at a clay ceramics 
manufacturing facility that uses 227 Mg/yr (250 tpy) or less of wet 
glaze(s), you must certify that:
    (i) You are employing waste minimization practices according to 
Sec.  63.11438(d)(1); or
    (ii) You are complying with the requirements in Sec.  
63.11438(c)(1) or (2).


Sec.  63.11442  What are the recordkeeping requirements?

    (a) You must keep the records specified in paragraphs (a)(1) and 
(2) of this section.
    (1) A copy of each notification that you submitted to comply with 
this subpart, including all documentation supporting any Initial 
Notification or Notification of Compliance Status that you submitted, 
according to the requirements in Sec.  63.10(b)(2)(xiv).
    (2) Records of all required measurements needed to document 
compliance with management practices as required in Sec.  
63.10(b)(2)(vii), including records of monitoring and inspection data 
required by Sec.  63.11440.
    (b) Your records must be in a form suitable and readily available 
for expeditious review, according to Sec.  63.10(b)(1).
    (c) As specified in Sec.  63.10(b)(1), you must keep each record 
for 5 years following the date of each occurrence, measurement, 
maintenance, corrective action, report, or record.
    (d) You must keep each record onsite for at least 2 years after the 
date of each occurrence, measurement, maintenance, corrective action, 
report, or record, according to Sec.  63.10(b)(1). You may keep the 
records offsite for the remaining three years.

Other Requirements and Information


Sec.  63.11443  What General Provisions apply to this subpart?

    Table 1 to this subpart shows which parts of the General Provisions 
in Sec. Sec.  63.1 through 63.16 apply to you.


Sec.  63.11444  What definitions apply to this subpart?

    Terms used in this subpart are defined in the Clean Air Act, in 
Sec.  63.2, and in this section as follows:
    Air pollution control device (APCD) means any equipment that 
reduces the quantity of a pollutant that is emitted to the air. 
Examples of APCD currently used on glaze spray booths include, but are 
not limited to, wet scrubbers, fabric filters, water curtains, and 
water-wash systems.
    Atomization means the conversion of a liquid into a spray or mist 
(i.e., collection of drops), often by passing the liquid through a 
nozzle.
    Clay ceramics manufacturing facility means a plant site that 
manufactures pressed tile, sanitaryware, dinnerware, or pottery. For 
the purposes of this area

[[Page 73200]]

source rule, the following types of facilities are not part of the 
regulated category: artisan potters, art studios, school and university 
ceramic arts programs, and any facility that uses less than 45 Mg/yr 
(50 tpy) of wet clay.
    Clay ceramics metal HAP means an oxide or other compound of 
chromium, lead, manganese, or nickel, which were listed for Clay 
Ceramics Manufacturing in the Revised Area Source Category List (67 FR 
70428, November 22, 2002).
    Glaze means a coating of colored, opaque, or transparent material 
applied to ceramic products before firing.
    Glaze spray booth means a type of equipment used for spraying glaze 
on ceramic products.
    High-volume, low-pressure (HVLP) spray equipment means a type of 
air atomized spray equipment that operates at low atomizing air 
pressure (0.1 to 10 pounds per square inch (psi) at the air nozzle) and 
uses 15 to 30 cubic feet per minute (cfm) of air to minimize the amount 
of overspray and bounce back.
    Kiln means equipment used for the initial curing or firing of glaze 
on ceramic ware. A kiln may operate continuously or by batch process.
    Nonatomizing glaze application technique means the application of 
glaze in the form of a liquid stream without atomization. Such 
techniques include, but are not limited to, dipping, centrifugal disc, 
waterfall, flow coaters, curtain coaters, silk-screening, and any 
direct application by roller, brush, pad, or other means facilitating 
direct transfer of glaze.
    Plant site means all contiguous or adjoining property that is under 
common control, including properties that are separated only by a road 
or other public right-of-way. Common control includes properties that 
are owned, leased, or operated by the same entity, parent entity, 
subsidiary, or any combination thereof.
    Waste minimization practices mean those procedures employed to 
minimize material losses and prevent unnecessary waste generation, for 
example, minimizing glaze overspray emissions using HVLP spray 
equipment (defined in this section) or similar spray equipment; 
minimizing HAP emissions during cleanup of spray glazing equipment; 
operating and maintaining spray glazing equipment according to 
manufacturer's instructions; and minimizing spills through careful 
handling of HAP-containing glaze materials.
    Water curtain means an APCD that draws the exhaust stream through a 
continuous curtain of moving water to remove suspended particulate. A 
water curtain may also be called a drip curtain or waterfall.
    Water-wash system means an APCD that uses a series of baffles to 
redirect the upward exhaust stream through a water wash chamber with 
downward water flow to remove suspended particulate.


Sec.  63.11445  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by the U.S. EPA or 
a delegated authority such as your State, local, or tribal agency. If 
the U.S. EPA Administrator has delegated authority to your State, 
local, or tribal agency, then that agency has the authority to 
implement and enforce this subpart. You should contact your U.S. EPA 
Regional Office to find out if this subpart is delegated to your State, 
local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under 40 CFR part 63, 
subpart E, the authorities contained in paragraph (c) of this section 
are retained by the Administrator of the U.S. EPA and are not 
transferred to the State, local, or tribal agency.
    (c) The authorities that will not be delegated to State, local, or 
tribal agencies are listed in paragraphs (c)(1) through (4) of this 
section.
    (1) Approval of alternatives to the applicability requirements in 
Sec. Sec.  63.11435 and 63.11436, the compliance date requirements in 
Sec.  63.11437, and the management practices and equipment standards in 
Sec.  63.11438.
    (2) Approval of a major change to a test method under Sec.  
63.7(e)(2)(ii) and (f). A ``major change to test method'' is defined in 
Sec.  63.90.
    (3) Approval of a major change to monitoring under Sec.  63.8(f). A 
``major change to monitoring'' is defined in Sec.  63.90.
    (4) Approval of a major change to recordkeeping/reporting under 
Sec.  63.10(f). A ``major change to recordkeeping/reporting'' is 
defined in Sec.  63.90.


Sec.  63.11446  [Reserved]


Sec.  63.11447  [Reserved]

Tables to Subpart RRRRRR of Part 63

    As stated in Sec.  63.11443, you must comply with the requirements 
of the NESHAP General Provisions (40 CFR part 63, subpart A) shown in 
the following table:

     Table 1 to Subpart RRRRRR of Part 63--Applicability of General
                      Provisions to Subpart RRRRRR
------------------------------------------------------------------------
                 Citation                              Subject
------------------------------------------------------------------------
63.1(a)(1)-(a)(4), (a)(6), (a)(10)-         Applicability.
 (a)(12), (b)(1), (b)(3), (c)(1),
 (c)(2),\1\ (c)(5), (e).
63.2......................................  Definitions.
63.3......................................  Units and Abbreviations.
63.4......................................  Prohibited Activities and
                                             Circumvention.
63.6(a), (b)(1)-(b)(5), (b)(7), (c)(1),     Compliance with Standards
 (c)(2), (c)(5), (e)(1), (f), (g), (i),      and Maintenance
 (j).                                        Requirements.
63.8(a)(1), (a)(2), (b), (c)(1)(i)-         Monitoring Requirements.
 (c)(1)(ii), (c)(2), (c)(3), (f).
63.9(a), (b)(1), (b)(2), (b)(5), (c), (d),  Notification Requirements.
 (h)(1)-(h)(3), (h)(5), (h)(6), (i), (j).
63.10(a), (b)(1), (b)(2)(vii),              Recordkeeping and Reporting
 (b)(2)(xiv), (b)(3), (c), (c)(1), (f).      Requirements.
63.12.....................................  State Authority and
                                             Delegations.
63.13.....................................  Addresses.
63.14.....................................  Incorporations by Reference.
63.15.....................................  Availability of Information
                                             and Confidentiality.
63.16.....................................  Performance Track
                                             Provisions.
------------------------------------------------------------------------
\1\ Section 63.11435(b) of this subpart exempts area sources from the
  obligation to obtain title V operating permits.


[[Page 73201]]


0
4. Part 63 is amended by adding subpart SSSSSS to read as follows:
Subpart SSSSSS--National Emission Standards for Hazardous Air 
Pollutants for Glass Manufacturing Area Sources

Applicability and Compliance Dates

Sec.
63.11448 Am I subject to this subpart?
63.11449 What parts of my plant does this subpart cover?
63.11450 What are my compliance dates?

Standards, Compliance, and Monitoring Requirements

63.11451 What are the standards for new and existing sources?
63.11452 What are the performance test requirements for new and 
existing sources?
63.11453 What are the initial compliance demonstration requirements 
for new and existing sources?
63.11454 What are the monitoring requirements for new and existing 
sources?
63.11455 What are the continuous compliance requirements for new and 
existing sources?

Notifications and Records

63.11456 What are the notification requirements?
63.11457 What are the recordkeeping requirements?

Other Requirements and Information

63.11458 What General Provisions apply to this subpart?
63.11459 What definitions apply to this subpart?
63.11460 Who implements and enforces this subpart?
63.11461 [Reserved]

Tables to Subpart SSSSSS of Part 63

    Table 1 to Subpart SSSSSS of Part 63--Emission Limits
    Table 2 to Subpart SSSSSS of Part 63--Applicability of General 
Provisions to Subpart SSSSSS

Applicability and Compliance Dates


Sec.  63.11448  Am I subject to this subpart?

    You are subject to this subpart if you own or operate a glass 
manufacturing facility that is an area source of hazardous air 
pollutant (HAP) emissions and meets all of the criteria specified in 
paragraphs (a) through (c) of this section.
    (a) A glass manufacturing facility is a plant site that 
manufactures flat glass, glass containers, or pressed and blown glass 
by melting a mixture of raw materials, as defined in Sec.  63.11459, to 
produce molten glass and form the molten glass into sheets, containers, 
or other shapes.
    (b) An area source of HAP emissions is any stationary source or 
group of stationary sources within a contiguous area under common 
control that does not have the potential to emit any single HAP at a 
rate of 9.07 megagrams per year (Mg/yr) (10 tons per year (tpy)) or 
more and any combination of HAP at a rate of 22.68 Mg/yr (25 tpy) or 
more.
    (c) Your glass manufacturing facility uses one or more continuous 
furnaces to produce glass that contains compounds of one or more glass 
manufacturing metal HAP, as defined in Sec.  63.11459, as raw materials 
in a glass manufacturing batch formulation.


Sec.  63.11449  What parts of my plant does this subpart cover?

    (a) This subpart applies to each existing or new affected glass 
melting furnace that is located at a glass manufacturing facility and 
satisfies the requirements specified in paragraphs (a)(1) through (3) 
of this section.
    (1) The furnace is a continuous furnace, as defined in Sec.  
63.11459.
    (2) The furnace is charged with compounds of one or more glass 
manufacturing metal HAP as raw materials.
    (3) The furnace is used to produce glass, which contains one or 
more of the glass manufacturing metal HAP as raw materials, at a rate 
of at least 45 Mg/yr (50 tpy).
    (b) A furnace that is a research and development process unit, as 
defined in Sec.  63.11459, is not an affected furnace under this 
subpart.
    (c) An affected source is an existing source if you commenced 
construction or reconstruction of the affected source on or before 
September 20, 2007.
    (d) An affected source is a new source if you commenced 
construction or reconstruction of the affected source after September 
20, 2007.
    (e) If you own or operate an area source subject to this subpart, 
you must obtain a permit under 40 CFR part 70 or 40 CFR part 71.


Sec.  63.11450  What are my compliance dates?

    (a) If you have an existing affected source, you must comply with 
the applicable emission limits specified in Sec.  63.11451 of this 
subpart no later than December 28, 2009. As specified in section 
112(i)(3)(B) of the Clean Air Act and in Sec.  63.6(i)(4)(A), you may 
request that the Administrator or delegated authority grant an 
extension allowing up to 1 additional year to comply with the 
applicable emission limits if such additional period is necessary for 
the installation of emission controls.
    (b) If you have a new affected source, you must comply with this 
subpart according to paragraphs (b)(1) and (2) of this section.
    (1) If you start up your affected source on or before December 26, 
2007, you must comply with the applicable emission limit specified in 
Sec.  63.11451 no later than December 26, 2007.
    (2) If you start up your affected source after December 26, 2007, 
you must comply with the applicable emission limit specified in Sec.  
63.11451 upon initial startup of your affected source.
    (c) If you own or operate a furnace that produces glass containing 
one or more glass manufacturing metal HAP as raw materials at an annual 
rate of less than 45 Mg/yr (50 tpy), and you increase glass production 
for that furnace to an annual rate of at least 45 Mg/yr (50 tpy), you 
must comply with the applicable emission limit specified in Sec.  
63.11451 within 2 years of the date on which you increased the glass 
production rate for the furnace to at least 45 Mg/yr (50 tpy).
    (d) If you own or operate a furnace that produces glass at an 
annual rate of at least 45 Mg/yr (50 tpy) and is not charged with glass 
manufacturing metal HAP, and you begin production of a glass product 
that includes one or more glass manufacturing metal HAP as raw 
materials, and you produce at least 45 Mg/yr (50 tpy) of this glass 
product, you must comply with the applicable emission limit specified 
in Sec.  63.11451 within 2 years of the date on which you introduced 
production of the glass product that contains glass manufacturing metal 
HAP.
    (e) You must meet the notification requirements in Sec.  63.11456 
according to the schedule in Sec.  63.11456 and in 40 CFR part 63, 
subpart A. Some of the notifications must be submitted before you are 
required to comply with emission limits specified in this subpart.

Standards, Compliance, and Monitoring Requirements


Sec.  63.11451  What are the standards for new and existing sources?

    If you are an owner or operator of an affected furnace, as defined 
in Sec.  63.11449(a), you must meet the applicable emission limit 
specified in Table 1 to this subpart.


Sec.  63.11452  What are the performance test requirements for new and 
existing sources?

    (a) If you own or operate an affected furnace that is subject to an 
emission limit specified in Table 1 to this subpart, you must conduct a 
performance test according to paragraphs (a)(1) through (3) and 
paragraph (b) of this section.
    (1) For each affected furnace, you must conduct a performance test 
within 180 days after your compliance date and report the results in 
your Notification of Compliance Status, except as specified in 
paragraph (a)(2) of this section.

[[Page 73202]]

    (2) You are not required to conduct a performance test on the 
affected furnace if you satisfy the conditions described in paragraphs 
(a)(2)(i) through (iii) of this section.
    (i) You conducted a performance test on the affected furnace within 
the past 5 years of the compliance date using the same test methods and 
procedures specified in paragraph (b) of this section.
    (ii) The performance test demonstrated that the affected furnace 
met the applicable emission limit specified in Table 1 to this subpart.
    (iii) Either no process changes have been made since the test, or 
you can demonstrate that the results of the performance test, with or 
without adjustments, reliably demonstrate compliance with the 
applicable emission limit.
    (3) If you operate multiple identical furnaces, as defined in Sec.  
63.11459, that are affected furnaces, you are required to test only one 
of the identical furnaces if you meet the conditions specified in 
paragraphs (a)(3)(i) through (iii) of this section.
    (i) You must conduct the performance test while the furnace is 
producing glass that has the greatest potential to emit the glass 
manufacturing metal HAP from among the glass formulations that are used 
in any of the identical furnaces.
    (ii) You certify in your Notification of Compliance Status that the 
identical furnaces meet the definition of identical furnaces specified 
in Sec.  63.11459.
    (iii) You provide in your Notification of Compliance Status 
documentation that demonstrates why the tested glass formulation has 
the greatest potential to emit the glass manufacturing metal HAP.
    (b) You must conduct each performance test according to the 
requirements in Sec.  63.7 and paragraphs (b)(1) through (12) and 
either paragraph (b)(13) or (b)(14) of this section.
    (1) Install and validate all monitoring equipment required by this 
subpart before conducting the performance test.
    (2) You may not conduct performance tests during periods of 
startup, shutdown, or malfunction, as specified in Sec.  63.7(e)(1).
    (3) Conduct the test while the source is operating at the maximum 
production rate.
    (4) Conduct at least three separate test runs with a minimum 
duration of 1 hour for each test run, as specified in Sec.  63.7(e)(3).
    (5) Record the test date.
    (6) Identify the emission source tested.
    (7) Collect and record the emission test data listed in this 
section for each run of the performance test.
    (8) Locate all sampling sites at the outlet of the furnace control 
device or at the furnace stack prior to any releases to the atmosphere.
    (9) Select the locations of sampling ports and the number of 
traverse points using Method 1 or 1A of 40 CFR part 60, appendix A-1.
    (10) Measure the gas velocity and volumetric flow rate using Method 
2, 2A, 2C, 2F, or 2G of 40 CFR part 60, appendices A-1 and A-2, during 
each test run.
    (11) Conduct gas molecular weight analysis using Methods 3, 3A, or 
3B of 40 CFR part 60, appendix A-2, during each test run. You may use 
ANSI/ASME PTC 19.10-1981, Flue and Exhaust Gas Analyses (incorporated 
by reference--see Sec.  63.14) as an alternative to EPA Method 3B.
    (12) Measure gas moisture content using Method 4 of 40 CFR part 60, 
appendix A-3, during each test run.
    (13) To meet the particulate matter (PM) emission limit specified 
in Table 1 to this subpart, you must conduct the procedures specified 
in paragraphs (b)(13)(i) through (v) of this section.
    (i) Measure the PM mass emission rate at the outlet of the control 
device or at the stack using Method 5 or 17 of 40 CFR part 60, 
appendices A-3 or A-6, for each test run.
    (ii) Calculate the PM mass emission rate in the exhaust stream for 
each test run.
    (iii) Measure and record the glass production rate (kilograms 
(tons) per hour of product) for each test run.
    (iv) Calculate the production-based PM mass emission rate (g/kg 
(lb/ton)) for each test run using Equation 1 of this section.
[GRAPHIC] [TIFF OMITTED] TR26DE07.041

Where:

MP = Production-based PM mass emission rate, grams of PM per 
kilogram (pounds of PM per ton) of glass produced.
ER = PM mass emission rate measured using Methods 5 or 17 during 
each performance test run, grams (pounds) per hour.
P = Average glass production rate for the performance test, 
kilograms (tons) of glass produced per hour.

    (v) Calculate the 3-hour block average production-based PM mass 
emission rate as the average of the production-based PM mass emission 
rates for each test run.
    (14) To meet the metal HAP emission limit specified in Table 1 to 
this subpart, you must conduct the procedures specified in paragraphs 
(b)(14)(i) through (v) of this section.
    (i) Measure the metal HAP mass emission rate at the outlet of the 
control device or at the stack using Method 29 of 40 CFR part 60, 
appendix A-8, for each test run.
    (ii) Calculate the metal HAP mass emission rate in the exhaust 
stream for the glass manufacturing metal HAP that are added as raw 
materials to the glass manufacturing formulation for each test run.
    (iii) Measure and record the glass production rate (kilograms 
(tons) per hour of product) for each test run.
    (iv) Calculate the production-based metal HAP mass emission rate 
(g/kg (lb/ton)) for each test run using Equation 2 of this section.
[GRAPHIC] [TIFF OMITTED] TR26DE07.042

Where:

MPM = Production-based metal HAP mass emission rate, grams of metal 
HAP per kilogram (pounds of metal HAP per ton) of glass produced.
ERM = Sum of the metal HAP mass emission rates for the glass 
manufacturing metal HAP that are added as raw materials to the glass 
manufacturing formulation and are measured using Method 29 during 
each performance test run, grams (pounds) per hour.
P = Average glass production rate for the performance test, 
kilograms (tons) of glass produced per hour.

    (v) Calculate the 3-hour block average production-based metal HAP 
mass emission rate as the average of the production-based metal HAP 
mass emission rates for each test run.


Sec.  63.11453  What are the initial compliance demonstration 
requirements for new and existing sources?

    (a) If you own or operate an affected source, you must submit a 
Notification of Compliance Status in accordance with Sec. Sec.  63.9(h) 
and 63.11456(b).
    (b) For each existing affected furnace that is subject to the 
emission limits specified in Table 1 to this subpart, you must 
demonstrate initial compliance according to the requirements in 
paragraphs (b)(1) through (4) of this section.
    (1) For each fabric filter that is used to meet the emission limit 
specified in Table 1 to this subpart, you must visually inspect the 
system ductwork and fabric filter unit for leaks. You must also inspect 
the inside of each fabric filter for structural integrity and fabric 
filter condition. You must record the results of the inspection and any 
maintenance action as required in Sec.  63.11457(a)(6).

[[Page 73203]]

    (2) For each electrostatic precipitator (ESP) that is used to meet 
the emission limit specified in Table 1 to this subpart, you must 
verify the proper functioning of the electronic controls for corona 
power and rapper operation, that the corona wires are energized, and 
that adequate air pressure is present on the rapper manifold. You must 
also visually inspect the system ductwork and ESP housing unit and 
hopper for leaks and inspect the interior of the ESP to determine the 
condition and integrity of corona wires, collection plates, hopper, and 
air diffuser plates. You must record the results of the inspection and 
any maintenance action as required in Sec.  63.11457(a)(6).
    (3) You must conduct each inspection specified in paragraphs (b)(1) 
and (2) of this section no later than 60 days after your applicable 
compliance date specified in Sec.  63.11450, except as specified in 
paragraphs (b)(3)(i) and (ii) of this section.
    (i) An initial inspection of the internal components of a fabric 
filter is not required if an inspection has been performed within the 
past 12 months.
    (ii) An initial inspection of the internal components of an ESP is 
not required if an inspection has been performed within the past 24 
months.
    (4) You must satisfy the applicable requirements for performance 
tests specified in Sec.  63.11452.
    (c) For each new affected furnace that is subject to the emission 
limit specified in Table 1 to this subpart and is controlled with a 
fabric filter, you must install, operate, and maintain a bag leak 
detection system according to paragraphs (c)(1) through (3) of this 
section.
    (1) Each bag leak detection system must meet the specifications and 
requirements in paragraphs (c)(1)(i) through (viii) of this section.
    (i) The bag leak detection system must be certified by the 
manufacturer to be capable of detecting PM emissions at concentrations 
of 1 milligram per dry standard cubic meter (0.00044 grains per actual 
cubic foot) or less.
    (ii) The bag leak detection system sensor must provide output of 
relative PM loadings. The owner or operator shall continuously record 
the output from the bag leak detection system using electronic or other 
means (e.g., using a strip chart recorder or a data logger).
    (iii) The bag leak detection system must be equipped with an alarm 
system that will sound when the system detects an increase in relative 
particulate loading over the alarm set point established according to 
paragraph (c)(1)(iv) of this section, and the alarm must be located 
such that it can be heard by the appropriate plant personnel.
    (iv) In the initial adjustment of the bag leak detection system, 
you must establish, at a minimum, the baseline output by adjusting the 
sensitivity (range) and the averaging period of the device, the alarm 
set points, and the alarm delay time.
    (v) Following initial adjustment, you shall not adjust the 
averaging period, alarm set point, or alarm delay time without approval 
from the Administrator or delegated authority except as provided in 
paragraph (c)(1)(vi) of this section.
    (vi) Once per quarter, you may adjust the sensitivity of the bag 
leak detection system to account for seasonal effects, including 
temperature and humidity, according to the procedures identified in the 
site-specific monitoring plan required by paragraph (c)(2) of this 
section.
    (vii) You must install the bag leak detection sensor downstream of 
the fabric filter.
    (viii) Where multiple detectors are required, the system's 
instrumentation and alarm may be shared among detectors.
    (2) You must develop and submit to the Administrator or delegated 
authority for approval a site-specific monitoring plan for each bag 
leak detection system. You must operate and maintain the bag leak 
detection system according to the site-specific monitoring plan at all 
times. Each monitoring plan must describe the items in paragraphs 
(c)(2)(i) through (vi) of this section.
    (i) Installation of the bag leak detection system;
    (ii) Initial and periodic adjustment of the bag leak detection 
system, including how the alarm set-point will be established;
    (iii) Operation of the bag leak detection system, including quality 
assurance procedures;
    (iv) How the bag leak detection system will be maintained, 
including a routine maintenance schedule and spare parts inventory 
list;
    (v) How the bag leak detection system output will be recorded and 
stored; and
    (vi) Corrective action procedures as specified in paragraph (c)(3) 
of this section. In approving the site-specific monitoring plan, the 
Administrator or delegated authority may allow owners and operators 
more than 3 hours to alleviate a specific condition that causes an 
alarm if the owner or operator identifies in the monitoring plan this 
specific condition as one that could lead to an alarm, adequately 
explains why it is not feasible to alleviate this condition within 3 
hours of the time the alarm occurs, and demonstrates that the requested 
time will ensure alleviation of this condition as expeditiously as 
practicable.
    (3) For each bag leak detection system, you must initiate 
procedures to determine the cause of every alarm within 1 hour of the 
alarm. Except as provided in paragraph (c)(2)(vi) of this section, you 
must alleviate the cause of the alarm within 3 hours of the alarm by 
taking whatever corrective action(s) are necessary. Corrective actions 
may include, but are not limited to the following:
    (i) Inspecting the fabric filter for air leaks, torn or broken bags 
or filter media, or any other condition that may cause an increase in 
PM emissions;
    (ii) Sealing off defective bags or filter media;
    (iii) Replacing defective bags or filter media or otherwise 
repairing the control device;
    (iv) Sealing off a defective fabric filter compartment;
    (v) Cleaning the bag leak detection system probe or otherwise 
repairing the bag leak detection system; or
    (vi) Shutting down the process producing the PM emissions.
    (d) For each new affected furnace that is subject to the emission 
limit specified in Table 1 to this subpart and is controlled with an 
ESP, you must install, operate, and maintain according to the 
manufacturer's specifications, one or more continuous parameter 
monitoring systems (CPMS) for measuring and recording the secondary 
voltage and secondary electrical current to each field of the ESP 
according to paragraphs (d)(1) through (13) of this section.
    (1) The CPMS must have an accuracy of 1 percent of the secondary 
voltage and secondary electrical current, or better.
    (2) Your CPMS must be capable of measuring the secondary voltage 
and secondary electrical current over a range that extends from a value 
that is at least 20 percent less than the lowest value that you expect 
your CPMS to measure, to a value that is at least 20 percent greater 
than the highest value that you expect your CPMS to measure.
    (3) The signal conditioner, wiring, power supply, and data 
acquisition and recording system of your CPMS must be compatible with 
the output signal of the sensors used in your CPMS.
    (4) The data acquisition and recording system of your CPMS must be 
able to record values over the entire range specified in paragraph 
(d)(2) of this section.
    (5) The data recording system associated with your CPMS must have

[[Page 73204]]

a resolution of one-half of the required overall accuracy of your CPMS, 
as specified in paragraph (d)(1) of this section, or better.
    (6) Your CPMS must be equipped with an alarm system that will sound 
when the system detects a decrease in secondary voltage or secondary 
electrical current below the alarm set point established according to 
paragraph (d)(7) of this section, and the alarm must be located such 
that it can be heard by the appropriate plant personnel.
    (7) In the initial adjustment of the CPMS, you must establish, at a 
minimum, the baseline output by adjusting the sensitivity (range) and 
the averaging period of the device, the alarm set points, and the alarm 
delay time.
    (8) You must install each sensor of the CPMS in a location that 
provides representative measurement of the appropriate parameter over 
all operating conditions, taking into account the manufacturer's 
guidelines.
    (9) You must perform an initial calibration of your CPMS based on 
the procedures specified in the manufacturer's owner's manual.
    (10) Your CPMS must be designed to complete a minimum of one cycle 
of operation for each successive 15-minute period. To have a valid hour 
of data, you must have at least three of four equally-spaced data 
values (or at least 75 percent of the total number of values if you 
collect more than four data values per hour) for that hour (not 
including startup, shutdown, malfunction, or out of control periods).
    (11) You must record valid data from at least 90 percent of the 
hours during which the affected source or process operates.
    (12) You must record the results of each inspection, calibration, 
initial validation, and accuracy audit.
    (13) At all times, you must maintain your CPMS including, but not 
limited to, maintaining necessary parts for routine repairs of the 
CPMS.
    (e) For each new affected furnace that is subject to the emission 
limit specified in Table 1 to this subpart and is controlled by a 
device other than a fabric filter or an ESP, you must prepare and 
submit a monitoring plan to EPA or the delegated authority for 
approval. Each plan must contain the information in paragraphs (e)(1) 
through (5) of this section.
    (1) A description of the device;
    (2) Test results collected in accordance with Sec.  63.11452 
verifying the performance of the device for reducing PM or metal HAP to 
the levels required by this subpart;
    (3) Operation and maintenance plan for the control device 
(including a preventative maintenance schedule consistent with the 
manufacturer's instructions for routine and long-term maintenance) and 
continuous monitoring system;
    (4) A list of operating parameters that will be monitored to 
maintain continuous compliance with the applicable emission limits; and
    (5) Operating parameter limits based on monitoring data collected 
during the performance test.


Sec.  63.11454  What are the monitoring requirements for new and 
existing sources?

    (a) For each monitoring system required by this subpart, you must 
install, calibrate, operate, and maintain the monitoring system 
according to the manufacturer's specifications and the requirements 
specified in paragraphs (a)(1) through (7) of this section.
    (1) You must install each sensor of your monitoring system in a 
location that provides representative measurement of the appropriate 
parameter over all operating conditions, taking into account the 
manufacturer's guidelines.
    (2) You must perform an initial calibration of your monitoring 
system based on the manufacturer's recommendations.
    (3) You must use a monitoring system that is designed to complete a 
minimum of one cycle of operation for each successive 15-minute period.
    (4) For each existing affected furnace, you must record the value 
of the monitored parameter at least every 8 hours. The value can be 
recorded electronically or manually.
    (5) You must record the results of each inspection, calibration, 
monitoring system maintenance, and corrective action taken to return 
the monitoring system to normal operation.
    (6) At all times, you must maintain your monitoring system 
including, but not limited to, maintaining necessary parts for routine 
repairs of the system.
    (7) You must perform the required monitoring whenever the affected 
furnace meets the conditions specified in paragraph (a)(7)(i) or (ii) 
of this section.
    (i) The furnace is being charged with one or more of the glass 
manufacturing metal HAP as raw materials.
    (ii) The furnace is in transition between producing glass that 
contains one or more of the glass metal HAP as raw materials and glass 
that does not contain any of the glass manufacturing metal HAP as raw 
materials. The transition period begins when the furnace is charged 
with raw materials that do not contain any of the glass manufacturing 
metal HAP as raw materials and ends when the furnace begins producing a 
saleable glass product that does not contain any of the glass 
manufacturing metal HAP as raw materials.
    (b) For each existing furnace that is subject to the emission limit 
specified in Table 1 to this subpart and is controlled with an ESP, you 
must meet the requirements specified in paragraphs (b)(1) or (2) of 
this section.
    (1) You must monitor the secondary voltage and secondary electrical 
current to each field of the ESP according to the requirements of 
paragraph (a) of this section, or
    (2) You must submit a request for alternative monitoring, as 
described in paragraph (g) of this section.
    (c) For each existing furnace that is subject to the emission limit 
specified in Table 1 to this subpart and is controlled with a fabric 
filter, you must meet the requirements specified in paragraphs (c)(1) 
or (2) of this section.
    (1) You must monitor the inlet temperature to the fabric filter 
according to the requirements of paragraph (a) of this section, or
    (2) You must submit a request for alternative monitoring, as 
described in paragraph (g) of this section.
    (d) For each new furnace that is subject to the emission limit 
specified in Table 1 to this subpart and is controlled with an ESP, you 
must monitor the voltage and electrical current to each field of the 
ESP on a continuous basis using one or more CPMS according to the 
requirements for CPMS specified in Sec.  63.11453(d).
    (e) For each new furnace that is subject to the emission limit 
specified in Table 1 to this subpart and is controlled with a fabric 
filter, you must install and operate a bag leak detection system 
according to the requirements specified in Sec.  63.11453(c).
    (f) For each new or existing furnace that is subject to the 
emission limit specified in Table 1 to this subpart and is equipped 
with a control device other than an ESP or fabric filter, you must meet 
the requirements in Sec.  63.8(f) and submit a request for approval of 
alternative monitoring methods to the Administrator no later than the 
submittal date for the Notification of Compliance Status, as specified 
in Sec.  63.11456(b). The request must contain the information 
specified in paragraphs (f)(1) through (5) of this section.
    (1) Description of the alternative add-on air pollution control 
device (APCD).
    (2) Type of monitoring device or method that will be used, 
including the sensor type, location, inspection

[[Page 73205]]

procedures, quality assurance and quality control (QA/QC) measures, and 
data recording device.
    (3) Operating parameters that will be monitored.
    (4) Frequency that the operating parameter values will be measured 
and recorded.
    (5) Procedures for inspecting the condition and operation of the 
control device and monitoring system.
    (g) If you wish to use a monitoring method other than those 
specified in paragraph (b)(1) or (c)(1) of this section, you must meet 
the requirements in Sec.  63.8(f) and submit a request for approval of 
alternative monitoring methods to the Administrator no later than the 
submittal date for the Notification of Compliance Status, as specified 
in Sec.  63.11456(b). The request must contain the information 
specified in paragraphs (g)(1) through (5) of this section.
    (1) Type of monitoring device or method that will be used, 
including the sensor type, location, inspection procedures, QA/QC 
measures, and data recording device.
    (2) Operating parameters that will be monitored.
    (3) Frequency that the operating parameter values will be measured 
and recorded.
    (4) Procedures for inspecting the condition and operation of the 
monitoring system.
    (5) Explanation for how the alternative monitoring method will 
provide assurance that the emission control device is operating 
properly.


Sec.  63.11455  What are the continuous compliance requirements for new 
and existing sources?

    (a) You must be in compliance with the applicable emission limits 
in this subpart at all times, except during periods of startup, 
shutdown, and malfunction.
    (b) You must always operate and maintain your affected source, 
including air pollution control and monitoring equipment, according to 
the provisions in Sec.  63.6(e)(1)(i).
    (c) For each affected furnace that is subject to the emission limit 
specified in Table 1 to this subpart, you must monitor the performance 
of the furnace emission control device under the conditions specified 
in Sec.  63.11454(a)(7) and according to the requirements in Sec. Sec.  
63.6(e)(1) and 63.8(c) and paragraphs (c)(1) through (6) of this 
section.
    (1) For each existing affected furnace that is controlled with an 
ESP, you must monitor the parameters specified in Sec.  63.11454(b) in 
accordance with the requirements of Sec.  63.11454(a) or as specified 
in your approved alternative monitoring plan.
    (2) For each new affected furnace that is controlled with an ESP, 
you must comply with the monitoring requirements specified in Sec.  
63.11454(d) in accordance with the requirements of Sec.  63.11454(a) or 
as specified in your approved alternative monitoring plan.
    (3) For each existing affected furnace that is controlled with a 
fabric filter, you must monitor the parameter specified in Sec.  
63.11454(c) in accordance with the requirements of Sec.  63.11454(a) or 
as specified in your approved alternative monitoring plan.
    (4) For each new affected furnace that is controlled with a fabric 
filter, you must comply with the monitoring requirements specified in 
Sec.  63.11454(e) in accordance with the requirements of Sec.  
63.11454(a) or as specified in your approved alternative monitoring 
plan.
    (5) For each affected furnace that is controlled with a device 
other than a fabric filter or ESP, you must comply with the 
requirements of your approved alternative monitoring plan, as required 
in Sec.  63.11454(g).
    (6) For each monitoring system that is required under this subpart, 
you must keep the records specified in Sec.  63.11457.
    (d) Following the initial inspections, you must perform periodic 
inspections and maintenance of each affected furnace control device 
according to the requirements in paragraphs (d)(1) through (4) of this 
section.
    (1) For each fabric filter, you must conduct inspections at least 
every 12 months according to paragraphs (d)(1)(i) through (iii) of this 
section.
    (i) You must inspect the ductwork and fabric filter unit for 
leakage.
    (ii) You must inspect the interior of the fabric filter for 
structural integrity and to determine the condition of the fabric 
filter.
    (iii) If an initial inspection is not required, as specified in 
Sec.  63.11453(b)(3)(i), the first inspection must not be more than 12 
months from the last inspection.
    (2) For each ESP, you must conduct inspections according to the 
requirements in paragraphs (d)(2)(i) through (iii) of this section.
    (i) You must conduct visual inspections of the system ductwork, 
housing unit, and hopper for leaks at least every 12 months.
    (ii) You must conduct inspections of the interior of the ESP to 
determine the condition and integrity of corona wires, collection 
plates, plate rappers, hopper, and air diffuser plates every 24 months.
    (iii) If an initial inspection is not required, as specified in 
Sec.  63.11453(b)(3)(ii), the first inspection must not be more than 24 
months from the last inspection.
    (3) You must record the results of each periodic inspection 
specified in this section in a logbook (written or electronic format), 
as specified in Sec.  63.11457(c).
    (4) If the results of a required inspection indicate a problem with 
the operation of the emission control system, you must take immediate 
corrective action to return the control device to normal operation 
according to the equipment manufacturer's specifications or 
instructions.
    (e) For each affected furnace that is subject to the emission limit 
specified in Table 1 to this subpart and can meet the applicable 
emission limit without the use of a control device, you must 
demonstrate continuous compliance by satisfying the applicable 
recordkeeping requirements specified in Sec.  63.11457.

Notifications and Records


Sec.  63.11456  What are the notification requirements?

    (a) If you own or operate an affected furnace, as defined in Sec.  
63.11449(a), you must submit an Initial Notification in accordance with 
Sec.  63.9(b) and paragraphs (a)(1) and (2) of this section by the 
dates specified.
    (1) As specified in Sec.  63.9(b)(2), if you start up your affected 
source before December 26, 2007, you must submit an Initial 
Notification not later than April 24, 2008 or within 120 days after 
your affected source becomes subject to the standard.
    (2) The Initial Notification must include the information specified 
in Sec.  63.9(b)(2)(i) through (iv).
    (b) You must submit a Notification of Compliance Status in 
accordance with Sec.  63.9(h) and the requirements in paragraphs (b)(1) 
and (2) of this section.
    (1) If you own or operate an affected furnace and are required to 
conduct a performance test, you must submit a Notification of 
Compliance Status, including the performance test results, before the 
close of business on the 60th day following the completion of the 
performance test, according to Sec.  60.8 or Sec.  63.10(d)(2).
    (2) If you own or operate an affected furnace and satisfy the 
conditions specified in Sec.  63.11452(a)(2) and are not required to 
conduct a performance test, you must submit a Notification of 
Compliance Status, including the results of the previous performance 
test, before the close of business on the compliance date specified in 
Sec.  63.11450.

[[Page 73206]]

Sec.  63.11457  What are the recordkeeping requirements?

    (a) You must keep the records specified in paragraphs (a)(1) 
through (8) of this section.
    (1) A copy of any Initial Notification and Notification of 
Compliance Status that you submitted and all documentation supporting 
those notifications, according to the requirements in Sec.  
63.10(b)(2)(xiv).
    (2) The records specified in Sec.  63.10(b)(2) and (c)(1) through 
(13).
    (3) The records required to show continuous compliance with each 
emission limit that applies to you, as specified in Sec.  63.11455.
    (4) For each affected source, records of production rate on a 
process throughput basis (either feed rate to the process unit or 
discharge rate from the process unit). The production data must include 
the amount (weight or weight percent) of each ingredient in the batch 
formulation, including all glass manufacturing metal HAP compounds.
    (5) Records of maintenance activities and inspections performed on 
control devices as specified in Sec. Sec.  63.11453(b) and 63.11455(d), 
according to paragraphs (a)(5)(i) through (v) of this section.
    (i) The date, place, and time of inspections of control device 
ductwork, interior, and operation.
    (ii) Person conducting the inspection.
    (iii) Technique or method used to conduct the inspection.
    (iv) Control device operating conditions during the time of the 
inspection.
    (v) Results of the inspection and description of any corrective 
action taken.
    (6) Records of all required monitoring data and supporting 
information including all calibration and maintenance records.
    (7) For each bag leak detection system, the records specified in 
paragraphs (a)(7)(i) through (iii) of this section.
    (i) Records of the bag leak detection system output;
    (ii) Records of bag leak detection system adjustments, including 
the date and time of the adjustment, the initial bag leak detection 
system settings, and the final bag leak detection system settings; and
    (iii) The date and time of all bag leak detection system alarms, 
the time that procedures to determine the cause of the alarm were 
initiated, the cause of the alarm, an explanation of the actions taken, 
the date and time the cause of the alarm was alleviated, and whether 
the alarm was alleviated within 3 hours of the alarm.
    (8) Records of any approved alternative monitoring method(s) or 
test procedure(s).
    (b) Your records must be in a form suitable and readily available 
for expeditious review, according to Sec.  63.10(b)(1).
    (c) You must record the results of each inspection and maintenance 
action in a logbook (written or electronic format). You must keep the 
logbook onsite and make the logbook available to the permitting 
authority upon request.
    (d) As specified in Sec.  63.10(b)(1), you must keep each record 
for a minimum of 5 years following the date of each occurrence, 
measurement, maintenance, corrective action, report, or record.
    You must keep each record onsite for at least 2 years after the 
date of each occurrence, measurement, maintenance, corrective action, 
report, or record, according to Sec.  63.10(b)(1). You may keep the 
records offsite for the remaining three years.

Other Requirements and Information


Sec.  63.11458  What General Provisions apply to this subpart?

    You must satisfy the requirements of the General Provisions in 40 
CFR part 63, subpart A, as specified in Table 2 to this subpart.


Sec.  63.11459  What definitions apply to this subpart?

    Terms used in this subpart are defined in the Clean Air Act, in 
Sec.  63.2, and in this section as follows:
    Air pollution control device (APCD) means any equipment that 
reduces the quantity of a pollutant that is emitted to the air.
    Continuous furnace means a glass manufacturing furnace that 
operates continuously except during periods of maintenance, 
malfunction, control device installation, reconstruction, or 
rebuilding.
    Cullet means recycled glass that is mixed with raw materials and 
charged to a glass melting furnace to produce glass. Cullet is not 
considered to be a raw material for the purposes of this subpart.
    Electrostatic precipitator (ESP) means an APCD that removes PM from 
an exhaust gas stream by applying an electrical charge to particles in 
the gas stream and collecting the charged particles on plates carrying 
the opposite electrical charge.
    Fabric filter means an APCD used to capture PM by filtering a gas 
stream through filter media.
    Furnace stack means a conduit or conveyance through which emissions 
from the furnace melter are released to the atmosphere.
    Glass manufacturing metal HAP means an oxide or other compound of 
any of the following metals included in the list of urban HAP for the 
Integrated Urban Air Toxics Strategy and for which Glass Manufacturing 
was listed as an area source category: arsenic, cadmium, chromium, 
lead, manganese, and nickel.
    Glass melting furnace means a unit comprising a refractory-lined 
vessel in which raw materials are charged and melted at high 
temperature to produce molten glass.
    Identical furnaces means two or more furnaces that are identical in 
design, including manufacturer, dimensions, production capacity, 
charging method, operating temperature, fuel type, burner 
configuration, and exhaust system configuration and design.
    Particulate matter (PM) means, for purposes of this subpart, 
emissions of PM that serve as a measure of filterable particulate 
emissions, as measured by Methods 5 or 17 (40 CFR part 60, appendices 
A-3 and A-6), and as a surrogate for glass manufacturing metal HAP 
compounds contained in the PM including, but not limited to, arsenic, 
cadmium, chromium, lead, manganese, and nickel.
    Plant site means all contiguous or adjoining property that is under 
common control, including properties that are separated only by a road 
or other public right-of-way. Common control includes properties that 
are owned, leased, or operated by the same entity, parent entity, 
subsidiary, or any combination thereof.
    Raw material means minerals, such as silica sand, limestone, and 
dolomite; inorganic chemical compounds, such as soda ash (sodium 
carbonate), salt cake (sodium sulfate), and potash (potassium 
carbonate); metal oxides and other metal-based compounds, such as lead 
oxide, chromium oxide, and sodium antimonate; metal ores, such as 
chromite and pyrolusite; and other substances that are intentionally 
added to a glass manufacturing batch and melted in a glass melting 
furnace to produce glass. Metals that are naturally-occurring trace 
constituents or contaminants of other substances are not considered to 
be raw materials. Cullet and material that is recovered from a furnace 
control device for recycling into the glass formulation are not 
considered to be raw materials for the purposes of this subpart.
    Research and development process unit means a process unit whose 
purpose is to conduct research and development for new processes and 
products and is not engaged in the manufacture of products for 
commercial sale, except in a de minimis manner.

[[Page 73207]]

Sec.  63.11460  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as your State, local, or tribal agency. 
If the U.S. EPA Administrator has delegated authority to your State, 
local, or tribal agency, then that agency has the authority to 
implement and enforce this subpart. You should contact your U.S. EPA 
Regional Office to find out if this subpart is delegated to your State, 
local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under 40 CFR part 63, 
subpart E, the authorities contained in paragraphs (b)(1) through (4) 
of this section are retained by the Administrator of the U.S. EPA and 
are not transferred to the State, local, or tribal agency.
    (1) Approval of alternatives to the applicability requirements in 
Sec. Sec.  63.11448 and 63.11449, the compliance date requirements in 
Sec.  63.11450, and the emission limits specified in Sec.  63.11451.
    (2) Approval of a major change to test methods under Sec.  
63.7(e)(2)(ii) and (f) and as defined in Sec.  63.90.
    (3) Approval of major alternatives to monitoring under Sec.  
63.8(f) and as defined in Sec.  63.90.
    (4) Approval of major alternatives to recordkeeping under Sec.  
63.10(f) and as defined in Sec.  63.90.


Sec.  63.11461  [Reserved]

Tables to Subpart SSSSSS of Part 63

    As required in Sec.  63.11451, you must comply with each emission 
limit that applies to you according to the following table:

          Table 1 to Subpart SSSSSS of Part 63--Emission Limits
------------------------------------------------------------------------
                                             You must meet one of the
             For each. . .                following emission limits. . .
------------------------------------------------------------------------
1. New or existing glass melting         a. The 3-hour block average
 furnace that produces glass at an        production-based PM mass
 annual rate of at least 45 Mg/yr (50     emission rate must not exceed
 tpy) AND is charged with compounds of    0.1 gram per kilogram (g/kg)
 arsenic, cadmium, chromium, manganese,   (0.2 pound per ton (lb/ton))
 lead, or nickel as raw materials.        of glass produced; OR
                                         b. The 3-hour block average
                                          production-based metal HAP
                                          mass emission rate must not
                                          exceed 0.01 g/kg (0.02 lb/ton)
                                          of glass produced.
------------------------------------------------------------------------

    As stated in Sec.  63.11458, you must comply with the requirements 
of the NESHAP General Provisions (40 CFR part 63, subpart A), as shown 
in the following table:

     Table 2 to Subpart SSSSSS of Part 63--Applicability of General
                      Provisions to Subpart SSSSSS
------------------------------------------------------------------------
                 Citation                              Subject
------------------------------------------------------------------------
Sec.   63.1(a), (b), (c)(1), (c)(2),        Applicability.
 (c)(5), (e).
Sec.   63.2...............................  Definitions.
Sec.   63.3...............................  Units and Abbreviations.
Sec.   63.4...............................  Prohibited Activities.
Sec.   63.5...............................  Construction/Reconstruction.
Sec.   63.6(a), (b)(1)-(b)(5), (b)(7),      Compliance with Standards
 (c)(1), (c)(2), (c)(5), (e)(1), (f), (g),   and Maintenance
 (i), (j).                                   Requirements.
Sec.   63.7...............................  Performance Testing
                                             Requirements.
Sec.   63.8(a)(1), (a)(2), (b), (c)(1)-     Monitoring Requirements.
 (c)(4), (c)(7)(i)(B), (c)(7)(ii), (c)(8),
 (d), (e)(1), (e)(4), (f).
Sec.   63.9(a), (b)(1)(i)-(b)(2)(v),        Notification Requirements.
 (b)(5), (c), (d), (h)-(j).
Sec.   63.10(a), (b)(1), (b)(2)(i)-         Recordkeeping and Reporting
 (b)(2)(xii).                                Requirements.
Sec.   63.10(b)(2)(xiv), (c), (f).........  Documentation for Initial
                                             Notification and
                                             Notification of Compliance
                                             Status.
Sec.   63.12..............................  State Authority and
                                             Delegations.
Sec.   63.13..............................  Addresses.
Sec.   63.14..............................  Incorporations by Reference.
Sec.   63.15..............................  Availability of Information.
Sec.   63.16..............................  Performance Track
                                             Provisions.
------------------------------------------------------------------------


0
5. Part 63 is amended by adding subpart TTTTTT to read as follows:
Subpart TTTTTT--National Emission Standards for Hazardous Air 
Pollutants for Secondary Nonferrous Metals Processing Area Sources

Applicability and Compliance Dates

Sec.
63.11462 Am I subject to this subpart?
63.11463 What parts of my plant does this subpart cover?
63.11464 What are my compliance dates?

Standards, Compliance, and Monitoring Requirements

63.11465 What are the standards for new and existing sources?
63.11466 What are the performance test requirements for new and 
existing sources?
63.11467 What are the initial compliance demonstration requirements 
for new and existing sources?
63.11468 What are the monitoring requirements for new and existing 
sources?
63.11469 What are the notification requirements?
63.11470 What are the recordkeeping requirements?

Other Requirements and Information

63.11471 What General Provisions apply to this subpart?
63.11472 What definitions apply to this subpart?
63.11473 Who implements and enforces this subpart?
63.11474 [Reserved]

Tables to Subpart TTTTTT of Part 63

    Table 1 to Subpart TTTTTT of Part 63--Applicability of General 
Provisions to Subpart TTTTTT

[[Page 73208]]

Applicability and Compliance Dates


Sec.  63.11462  Am I subject to this subpart?

    (a) You are subject to this subpart if you own or operate a 
secondary nonferrous metals processing facility (as defined in Sec.  
63.11472) that is an area source of hazardous air pollutant (HAP) 
emissions.
    (b) If you are an owner or operator of an area source subject to 
this subpart, you are exempt from the obligation to obtain a permit 
under 40 CFR part 70 or 71, provided you are not required to obtain a 
permit under 40 CFR 70.3(a) or 71.3(a) for a reason other than your 
status as an area source under this subpart. Notwithstanding the 
previous sentence, you must continue to comply with the provisions of 
this subpart applicable to area sources.


Sec.  63.11463  What parts of my plant does this subpart cover?

    (a) This subpart applies to any existing or new affected source 
located at a secondary nonferrous metals processing facility.
    (b) The affected source includes all crushing and screening 
operations at a secondary zinc processing facility and all furnace 
melting operations located at any secondary nonferrous metals 
processing facilities.
    (c) An affected source is existing if you commenced construction or 
reconstruction of the affected source on or before September 20, 2007.
    (d) An affected source is new if you commenced construction or 
reconstruction of the affected source after September 20, 2007.


Sec.  63.11464  What are my compliance dates?

    (a) If you have an existing affected source, you must comply with 
the standards no later than December 26, 2007.
    (b) If you have a new affected source, you must comply with this 
subpart according to paragraphs (b)(1) and (b)(2) of this section.
    (1) If you start up your affected source on or before December 26, 
2007, you must comply with this subpart no later than December 26, 
2007.
    (2) If you start up your affected source after December 26, 2007, 
you must comply with this subpart upon initial startup of your affected 
source.

Standards, Compliance, and Monitoring Requirements


Sec.  63.11465  What are the standards for new and existing sources?

    (a) You must route the emissions from each existing affected source 
through a fabric filter or baghouse that achieves a particulate matter 
(PM) control efficiency of at least 99.0 percent or an outlet PM 
concentration limit of 0.034 grams per dry standard cubic meter (g/
dscm)(0.015 grains per dry standard cubic feet (gr/dscf)).
    (b) You must route the emissions from each new affected source 
through a fabric filter or baghouse that achieves a PM control 
efficiency of at least 99.5 percent or an outlet PM concentration limit 
of 0.023 g/dscm (0.010 gr/dscf).


Sec.  63.11466  What are the performance test requirements for new and 
existing sources?

    (a) Except as specified in paragraph (b) of this section, if you 
own or operate an existing or new affected source, you must conduct a 
performance test for each affected source within 180 days of your 
compliance date and report the results in your notification of 
compliance status.
    (b) If you own or operate an existing affected source, you are not 
required to conduct a performance test if a prior performance test was 
conducted within the past 5 years of the compliance date using the same 
methods specified in paragraph (c) of this section and you meet either 
of the following two conditions:
    (1) No process changes have been made since the test; or
    (2) You demonstrate that the results of the performance test, with 
or without adjustments, reliably demonstrate compliance despite process 
changes.
    (c) You must conduct each performance test according to the 
requirements in Sec.  63.7 and paragraphs (c)(1) and (2) of this 
section.
    (1) Determine the concentration of PM according to the following 
test methods in 40 CFR part 60, appendices:
    (i) Method 1 or 1A (Appendix A-1) to select sampling port locations 
and the number of traverse points in each stack or duct. Sampling sites 
must be located at the outlet of the control device and prior to any 
releases to the atmosphere.
    (ii) Method 2, 2A, 2C, 2F, or 2G (Appendices A-1 and A-2) to 
determine the volumetric flow rate of the stack gas.
    (iii) Method 3, 3A, or 3B (Appendix A-2) to determine the dry 
molecular weight of the stack gas. You may use ANSI/ASME PTC 19.10-
1981, ``Flue and Exhaust Gas Analyses'' (incorporated by reference-see 
Sec.  63.14) as an alternative to EPA Method 3B.
    (iv) Method 4 (Appendix A-3) to determine the moisture content of 
the stack gas.
    (v) Method 5 or 17 (Appendix A-3) to determine the concentration of 
particulate matter (front half filterable catch only). Three valid test 
runs are needed to comprise a performance test.
    (2) During the test, you must operate each emissions source within 
10 percent of its normal process rate. You must monitor and 
record the process rate during the test.


Sec.  63.11467  What are the initial compliance demonstration 
requirements for new and existing sources?

    (a) You must demonstrate initial compliance with the applicable 
standards in Sec.  63.11465 by submitting a Notification of Compliance 
Status in accordance with Sec.  63.11469(b).
    (b) You must conduct the inspection specified in paragraph (c) of 
this section and include the results of the inspection in the 
Notification of Compliance Status.
    (c) For each existing and new affected source, you must conduct an 
initial inspection of each baghouse. You must visually inspect the 
system ductwork and baghouse unit for leaks. Except as specified in 
paragraph (e) of this section, you must also inspect the inside of each 
baghouse for structural integrity and fabric filter condition. You must 
record the results of the inspection and any maintenance action as 
required in Sec.  63.11470.
    (d) For each installed baghouse that is in operation during the 60 
days after the applicable compliance date, you must conduct the 
inspection specified in paragraph (c) of this section no later than 60 
days after your applicable compliance date. For an installed baghouse 
that is not in operation during the 60 days after the applicable 
compliance date, you must conduct an initial inspection prior to 
startup of the baghouse.
    (e) An initial inspection of the internal components of a baghouse 
is not required if an inspection has been performed within the past 12 
months.
    (f) If you own or operate an existing affected source and are not 
required to conduct a performance test under Sec.  63.11466, you must 
submit the Notification of Compliance Status within 120 days after the 
applicable compliance date specified in Sec.  63.11464.
    (g) If you own or operate an existing affected source and are 
required to conduct a performance test under Sec.  63.11466, you must 
submit the Notification of Compliance Status within 60 days after 
completing the performance test.


Sec.  63.11468  What are the monitoring requirements for new and 
existing sources?

    (a) For an existing affected source, you must demonstrate 
compliance by conducting the monitoring activities in paragraph (a)(1) 
or (a)(2) of this section:
    (1) You must perform periodic inspections and maintenance of each

[[Page 73209]]

baghouse according to the requirements in paragraphs (a)(1)(i) and (ii) 
of this section.
    (i) You must conduct weekly visual inspections of the system 
ductwork for leaks.
    (ii) You must conduct inspections of the interior of the baghouse 
for structural integrity and to determine the condition of the fabric 
filter every 12 months.
    (2) As an alternative to the monitoring requirements in paragraph 
(a)(1) of this section, you may demonstrate compliance by conducting a 
daily 30-minute visible emissions (VE) test (i.e., no visible 
emissions) using EPA Method 22 (40 CFR part 60, appendix A-7).
    (b) If the results of the visual inspection or VE test conducted 
under paragraph (a) of this section indicate a problem with the 
operation of the baghouse, including but not limited to air leaks, torn 
or broken bags or filter media, or any other condition that may cause 
an increase in PM emissions, you must take immediate corrective action 
to return the baghouse to normal operation according to the equipment 
manufacturer's specifications or instructions and record the corrective 
action taken.
    (c) For each new affected source, you must install, operate, and 
maintain a bag leak detection system according to paragraphs (c)(1) 
through (3) of this section.
    (1) Each bag leak detection system must meet the specifications and 
requirements in paragraphs (c)(1)(i) through (viii) of this section.
    (i) The bag leak detection system must be certified by the 
manufacturer to be capable of detecting PM emissions at concentrations 
of 1 milligram per dry standard cubic meter (0.00044 grains per actual 
cubic foot) or less.
    (ii) The bag leak detection system sensor must provide output of 
relative PM loadings. The owner or operator shall continuously record 
the output from the bag leak detection system using electronic or other 
means (e.g., using a strip chart recorder or a data logger).
    (iii) The bag leak detection system must be equipped with an alarm 
system that will sound when the system detects an increase in relative 
particulate loading over the alarm set point established according to 
paragraph (c)(1)(iv) of this section, and the alarm must be located 
such that it can be heard by the appropriate plant personnel.
    (iv) In the initial adjustment of the bag leak detection system, 
you must establish, at a minimum, the baseline output by adjusting the 
sensitivity (range) and the averaging period of the device, the alarm 
set points, and the alarm delay time.
    (v) Following initial adjustment, you shall not adjust the 
averaging period, alarm set point, or alarm delay time without approval 
from the Administrator or delegated authority except as provided in 
paragraph (c)(1)(vi) of this section.
    (vi) Once per quarter, you may adjust the sensitivity of the bag 
leak detection system to account for seasonal effects, including 
temperature and humidity, according to the procedures identified in the 
site-specific monitoring plan required by paragraph (c)(2) of this 
section.
    (vii) You must install the bag leak detection sensor downstream of 
the fabric filter.
    (viii) Where multiple detectors are required, the system's 
instrumentation and alarm may be shared among detectors.
    (2) You must develop and submit to the Administrator or delegated 
authority for approval a site-specific monitoring plan for each bag 
leak detection system. You must operate and maintain the bag leak 
detection system according to the site-specific monitoring plan at all 
times. Each monitoring plan must describe the items in paragraphs 
(c)(2)(i) through (vi) of this section.
    (i) Installation of the bag leak detection system;
    (ii) Initial and periodic adjustment of the bag leak detection 
system, including how the alarm set-point will be established;
    (iii) Operation of the bag leak detection system, including quality 
assurance procedures;
    (iv) How the bag leak detection system will be maintained, 
including a routine maintenance schedule and spare parts inventory 
list;
    (v) How the bag leak detection system output will be recorded and 
stored; and
    (vi) Corrective action procedures as specified in paragraph (c)(3) 
of this section. In approving the site-specific monitoring plan, the 
Administrator or delegated authority may allow owners and operators 
more than 3 hours to alleviate a specific condition that causes an 
alarm if the owner or operator identifies in the monitoring plan this 
specific condition as one that could lead to an alarm, adequately 
explains why it is not feasible to alleviate this condition within 3 
hours of the time the alarm occurs, and demonstrates that the requested 
time will ensure alleviation of this condition as expeditiously as 
practicable.
    (3) For each bag leak detection system, you must initiate 
procedures to determine the cause of every alarm within 1 hour of the 
alarm. Except as provided in paragraph (c)(2)(vi) of this section, you 
must alleviate the cause of the alarm within 3 hours of the alarm by 
taking whatever corrective action(s) are necessary. Corrective actions 
may include, but are not limited to the following:
    (i) Inspecting the fabric filter for air leaks, torn or broken bags 
or filter media, or any other condition that may cause an increase in 
PM emissions;
    (ii) Sealing off defective bags or filter media;
    (iii) Replacing defective bags or filter media or otherwise 
repairing the control device;
    (iv) Sealing off a defective fabric filter compartment;
    (v) Cleaning the bag leak detection system probe or otherwise 
repairing the bag leak detection system; or
    (vi) Shutting down the process producing the PM emissions.


Sec.  63.11469  What are the notification requirements?

    (a) You must submit the Initial Notification required by Sec.  
63.9(b)(2) no later than 120 days after the applicable compliance date 
specified in Sec.  63.11464. The Initial Notification must include the 
information specified in Sec.  63.9(b)(2)(i) through (iv) and may be 
combined with the Notification of Compliance Status required in Sec.  
63.11467 and paragraph (b) of this section if you choose to submit both 
notifications within 120 days.
    (b) You must submit a Notification of Compliance Status in 
accordance with Sec.  63.9(h) and the requirements in paragraphs (c) 
and (d) of this section. In addition to the information required in 
Sec.  63.9(h)(2), Sec.  63.11466, and Sec.  63.11467, your notification 
must include the following certification(s) of compliance, as 
applicable, and signature of a responsible official:
    (1) This certification of compliance by the owner or operator of an 
existing affected source who is relying on a previous performance test: 
``This facility complies with the control efficiency requirement [or 
the outlet concentration limit] in Sec.  63.11465 based on a previous 
performance test in accordance with Sec.  63.11466.''
    (2) This certification of compliance by the owner or operator of 
any new or existing affected source: ``This facility has conducted an 
initial inspection of each control device according to the requirements 
in Sec.  63.11467, will conduct periodic inspections and maintenance of 
control devices in accordance with Sec.  63.11468, and will maintain 
records of each inspection and maintenance action required by Sec.  
63.11470.''

[[Page 73210]]

    (3) This certification of compliance by the owner or operator of a 
new affected source: ``This facility has an approved bag leak detection 
system monitoring plan in accordance with Sec.  63.11468(c)(2).''
    (c) If you own or operate an affected source and are required to 
conduct a performance test under Sec.  63.11466, you must submit a 
Notification of Compliance Status, including the performance test 
results, before the close of business on the 60th day following the 
completion of the performance test.
    (d) If you own or operate an affected source and are not required 
to conduct a performance test under Sec.  63.11466, you must submit a 
Notification of Compliance Status, including the results of the 
previous performance test, no later than 120 days after the applicable 
compliance date specified in Sec.  63.11464.


Sec.  63.11470  What are the recordkeeping requirements?

    (a) You must keep the records specified in paragraphs (a)(1) and 
(2) of this section.
    (1) As required in Sec.  63.10(b)(2)(xiv), you must keep a copy of 
each notification that you submitted to comply with this subpart and 
all documentation supporting any Initial Notification or Notification 
of Compliance Status that you submitted.
    (2) You must keep the records of all inspection and monitoring data 
required by Sec. Sec.  63.11467 and 63.11468, and the information 
identified in paragraphs (a)(2)(i) through (a)(2)(v) for each required 
inspection or monitoring.
    (i) The date, place, and time;
    (ii) Person conducting the activity;
    (iii) Technique or method used;
    (iv) Operating conditions during the activity; and
    (v) Results.
    (b) Your records must be in a form suitable and readily available 
for expeditious review, according to Sec.  63.10(b)(1).
    (c) As specified in Sec.  63.10(b)(1), you must keep each record 
for 5 years following the date of each recorded action.
    (d) You must keep each record onsite for at least 2 years after the 
date of each recorded action according to Sec.  63.10(b)(1). You may 
keep the records offsite for the remaining three years.

Other Requirements and Information


Sec.  63.11471  What General Provisions apply to this subpart?

    Table 1 to this subpart shows which parts of the General Provisions 
in Sec. Sec.  63.1 through 63.16 apply to you.


Sec.  63.11472  What definitions apply to this subpart?

    Terms used in this subpart are defined in the Clean Air Act, in 
Sec.  63.2, and in this section as follows:
    Bag leak detection system means a system that is capable of 
continuously monitoring relative particulate matter (dust loadings) in 
the exhaust of a baghouse to detect bag leaks and other upset 
conditions. A bag leak detection system includes, but is not limited 
to, an instrument that operates on triboelectric, light scattering, 
light transmittance, or other effect to continuously monitor relative 
particulate matter loadings.
    Furnace melting operation means the collection of processes used to 
charge post-consumer nonferrous scrap material to a furnace, melt the 
material, and transfer the molten material to a forming medium.
    Secondary nonferrous metals processing facility means a brass and 
bronze ingot making, secondary magnesium processing, or secondary zinc 
processing plant that uses furnace melting operations to melt post-
consumer nonferrous metal scrap to make products including bars, 
ingots, blocks, or metal powders.


Sec.  63.11473  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by the U.S. EPA or 
a delegated authority such as your State, local, or tribal agency. If 
the U.S. EPA Administrator has delegated authority to your State, 
local, or tribal agency, then that agency has the authority to 
implement and enforce this subpart. You should contact your U.S. EPA 
Regional Office to find out if this subpart is delegated to your State, 
local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under 40 CFR part 63, 
subpart E, the authorities contained in paragraph (c) of this section 
are retained by the Administrator of the U.S. EPA and are not 
transferred to the State, local, or tribal agency.
    (c) The authorities that will not be delegated to State, local, or 
tribal agencies are listed in paragraphs (c)(1) through (4) of this 
section.
    (1) Approval of alternatives to the applicability requirements in 
Sec.  63.11462 and 63.11463, the compliance date requirements in Sec.  
63.11464, and the applicable standards in Sec.  63.11465.
    (2) Approval of a major change to a test method under Sec.  
63.7(e)(2)(ii) and (f). A ``major change to test method'' is defined in 
Sec.  63.90.
    (3) Approval of a major change to monitoring under Sec.  63.8(f). A 
``major change to monitoring'' is defined in Sec.  63.90.
    (4) Approval of a major change to recordkeeping/reporting under 
Sec.  63.10(f). A ``major change to recordkeeping/reporting'' is 
defined in Sec.  63.90.


Sec.  63.11474  [Reserved]

Tables to Subpart TTTTTT of Part 63

    As stated in Sec.  63.11471, you must comply with the requirements 
of the NESHAP General Provisions (40 CFR part 63, subpart A) shown in 
the following table:

     Table 1 to Subpart TTTTTT of Part 63--Applicability of General
                      Provisions to Subpart TTTTTT
------------------------------------------------------------------------
                 Citation                              Subject
------------------------------------------------------------------------
 63.1(a)(1)-(a)(4), (a)(6), (a)(10)-        Applicability.
 (a)(12), (b)(1), (b)(3), (c)(1),\1\
 (c)(2), (c)(5), (e).
63.2......................................  Definitions.
63.3......................................  Units and Abbreviations.
63.4......................................  Prohibited Activities and
                                             Circumvention.
63.6(a), (b)(1)-(b)(5), (b)(7), (c)(1),     Compliance With Standards
 (c)(2), (c)(5), (e)(1), (f), (g), (i),      and Maintenance
 (j).                                        Requirements.
63.7......................................  Performance Testing
                                             Requirements
63.8(a)(1), (a)(2), (b), (c)(1)(i)-         Monitoring Requirements.
 (c)(1)(ii), (c)(2), (c)(3), (f).
63.9(a), (b)(1), (b)(2), (b)(5), (c), (d),  Notification Requirements.
 (h)(1)-(h)(3), (h)(5), (h)(6), (i), (j).
63.10(a), (b)(1), (b)(2)(vii),              Recordkeeping and Reporting
 (b)(2)(xiv), (b)(3), (c), (f).              Requirements.
63.12.....................................  State Authority and
                                             Delegations.
63.13.....................................  Addresses.
63.14.....................................  Incorporations by Reference.

[[Page 73211]]


63.15.....................................  Availability of Information
                                             and Confidentiality.
63.16.....................................  Performance Track
                                             Provisions.
------------------------------------------------------------------------
\1\ Section 63.11462(b) of this subpart exempts area sources from the
  obligation to obtain title V operating permits.

 [FR Doc. E7-24720 Filed 12-21-07; 8:45 am]

BILLING CODE 6560-50-P
