

[Federal Register: October 6, 2006 (Volume 71, Number 194)]
[Proposed Rules]               
[Page 59301-59334]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06oc06-18]                         


[[Page 59301]]

-----------------------------------------------------------------------

Part IV





Environmental Protection Agency





-----------------------------------------------------------------------



40 CFR Part 63



National Emission Standards for Hazardous Air Pollutants for Area 
Sources: Polyvinyl Chloride and Copolymers Production, Primary Copper 
Smelting, Secondary Copper Smelting, and Primary Nonferrous Metals--
Zinc, Cadmium, and Beryllium; Proposed Rule


[[Page 59302]]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2006-0510; FRL-8226-8]
RIN 2060-AN45

 
National Emission Standards for Hazardous Air Pollutants for Area 
Sources: Polyvinyl Chloride and Copolymers Production, Primary Copper 
Smelting, Secondary Copper Smelting, and Primary Nonferrous Metals--
Zinc, Cadmium, and Beryllium

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rules.

-----------------------------------------------------------------------

SUMMARY: EPA is proposing national emission standards for hazardous air 
pollutants (NESHAP) for four area source categories. The proposed 
NESHAP reflect EPA's determination that existing facilities in three of 
these categories are well controlled and that the emission control 
devices and work practices at these facilities represent the generally 
available control technology (GACT) for these source categories. For 
secondary copper smelting, we are proposing NESHAP for new area sources 
because there is not, and never will be, any existing source in this 
category.

DATES: Comments must be received on or before November 6, 2006 unless a 
public hearing is requested by October 16, 2006. If a hearing is 
requested on the proposed rules, written comments must be received by 
November 20, 2006.
    Public Hearing. If anyone contacts EPA requesting to speak at a 
public hearing concerning the proposed rules by October 16, 2006, we 
will hold a public hearing on October 23, 2006. If you are interested 
in attending the public hearing, contact Ms. Pamela Garrett at (919) 
541-7966 to verify that a hearing will be held.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2006-0510, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 

Follow the on-line instructions for submitting comments.
     E-mail: a-and-r-docket@epa.gov.
     Fax: (202) 566-1741.
     Mail: National Emission Standards for Hazardous Air 
Pollutants for Four Area Source Categories, Docket No. EPA-HQ-OAR-2006-
0510, Environmental Protection Agency, EPA Docket Center, Mailcode 
6102T, 1200 Pennsylvania Ave., NW., Washington, DC 20460. Please 
include a total of two copies. In addition, please mail a copy of your 
comments on the information collection provisions to the Office of 
Information and Regulatory Affairs, Office of Management and Budget 
(OMB), Attn: Desk Officer for EPA, 725 17th St., NW., Washington, DC 
20503.
     Hand Delivery: EPA Docket Center, Public Reading Room, EPA 
West, Room B102, 1301 Constitution Ave., NW., Washington, DC 20460. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information. Note: The EPA Docket Center suffered damage due to 
flooding during the last week of June 2006. The Docket Center is 
continuing to operate. However, during the cleanup, there will be 
temporary changes to Docket Center telephone numbers, addresses, and 
hours of operation for people who wish to make hand deliveries or visit 
the Public Reading Room to view documents. Consult EPA's Federal 
Register notice at 71 FR 38147 (July 5, 2006) or the EPA Web site at 
http://www.epa.gov/epahome/dockets.htm for current information on 

docket operations, locations and telephone numbers.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2006-0510. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 

provided, unless the comment includes information claimed to be 
confidential business information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov 

or e-mail. The http://www.regulations.gov Web site is an ``anonymous access'' 

system, which means EPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send an e-mail comment directly to EPA without going through 
http://www.regulations.gov, your e-mail address will be automatically captured 

and included as part of the comment that is placed in the public docket 
and made available on the Internet. If you submit an electronic 
comment, EPA recommends that you include your name and other contact 
information in the body of your comment and with any disk or CD-ROM you 
submit. If EPA cannot read your comment due to technical difficulties 
and cannot contact you for clarification, EPA may not be able to 
consider your comment. Electronic files should avoid the use of special 
characters, any form of encryption, and be free of any defects or 
viruses.
    Docket: All documents in the docket are listed in the Federal 
Docket Management System index at http://www.regulations.gov. Although 

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

Public Reading Room, EPA West, Room B102, 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: Mr. Bob Schell, U.S. EPA, Office of 
Air Quality Planning and Standards, Sector Policies and Programs 
Division, Metals and Minerals Group (D243-02), Research Triangle Park, 
North Carolina 27711, telephone number: (919) 541-4116, fax number 
(919) 541-3207, e-mail address: schell.bob@epa.gov.

SUPPLEMENTARY INFORMATION: Outline. The information presented in this 
preamble is organized as follows:

I. General Information
    A. Does this action apply to me?
    B. What should I consider as I prepare my comments to EPA?
    C. Where can I get a copy of this document and other related 
information?
II. Background Information for Proposed Area Source Standards
III. Proposed NESHAP for Polyvinyl Chloride and Copolymers 
Production Area Sources
    A. What area source category is affected by the proposed NESHAP?
    B. What HAP are emitted from polyvinyl chloride and copolymers 
production?
    C. What are the proposed requirements for area sources?
    D. What is our rationale for selecting the proposed standards 
for area sources?
    E. What is our rationale for exempting polyvinyl chloride and 
copolymers production area sources from the CAA title V permit 
requirements?
IV. Proposed NESHAP for Primary Copper Smelting Area Sources
    A. What area source category is affected by the proposed NESHAP?
    B. What HAP are emitted from primary copper smelters?
    C. What are the proposed requirements for area sources?

[[Page 59303]]

    D. What is our rationale for selecting the proposed standards 
for area sources?
V. Proposed NESHAP for Secondary Copper Smelting Area Sources
    A. What area source category is affected by the proposed NESHAP?
    B. What HAP are emitted from secondary copper smelters?
    C. What are the proposed requirements for area sources?
    D. What is our rationale for selecting the proposed standards 
for area sources?
VI. Proposed NESHAP for Primary Nonferrous Metals-Zinc, Cadmium, and 
Beryllium Area Sources
    A. What area source category is affected by the proposed NESHAP?
    B. What is primary zinc production and what HAP are emitted?
    C. What are the proposed requirements for primary zinc 
production area sources?
    D. What is our rationale for selecting the proposed standards 
for primary zinc production area sources?
    E. What is primary beryllium production and what HAP are 
emitted?
    F. What are the proposed requirements for primary beryllium 
production area sources?
    G. What is our rationale for selecting the proposed standards 
for primary beryllium production area sources?
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

I. General Information

A. Does this action apply to me?

    The regulated categories and entities potentially affected by the 
proposed standards include:

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

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be affected by this 
action. To determine whether your facility would be regulated by this 
action, you should examine the applicability criteria in 40 CFR 
63.11140 of subpart DDDDDD (NESHAP for Polyvinyl Chloride and 
Copolymers Production Area Sources), 40 CFR 63.11146 of subpart EEEEEE 
(NESHAP for Primary Copper Smelting Area Sources), 40 CFR 63.11153 of 
subpart FFFFFF (NESHAP for Secondary Copper Smelting Area Sources), or 
40 CFR 63.11160 of subpart GGGGGG (NESHAP for Primary Nonferrous 
Metals--Zinc, Cadmium, and Beryllium Area Sources). 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. What should I consider as I prepare my comments to EPA?

    Do not submit information containing CBI to EPA through 
http://www.regulations.gov or e-mail. Send or deliver information identified 

as CBI only to the following address: Roberto Morales, OAQPS Document 
Control Officer (C404-02), U.S. EPA, Office of Air Quality Planning and 
Standards, Research Triangle Park, North Carolina 27711, Attention 
Docket ID EPA-HQ-OAR-2006-0510. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as 
CBI and then identify electronically within the disk or CD ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.

C. Where can I get a copy of this document and other related 
information?

    In addition to being available in the docket, an electronic copy of 
these proposed actions will also be available on the Worldwide Web 
(WWW) through the Technology Transfer Network (TTN). Following 
signature, a copy of the proposed actions 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.

II. Background Information for Proposed Area Source Standards

    Section 112(d) of the Clean Air Act (CAA) requires us to establish 
NESHAP for both major and area sources of hazardous air pollutants 
(HAP) that are listed for regulation under CAA section 112(c). 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. An area source is

[[Page 59304]]

a stationary source that is not a major source (i.e., an area source 
does not emit and does not have the potential to emit either 10 tpy or 
more of any single HAP or 25 tpy or more of any combination of HAP).
    Requirements for area sources are described in CAA sections 
112(c)(3) and 112(k). These provisions direct EPA (1) to identify not 
less than 30 HAP that present the threat to public health in the 
largest number of urban areas and (2) to identify sufficient area 
source categories to ensure that sources representing 90 percent or 
more of the emissions of each of the 30 ``listed'' HAP (``urban HAP'') 
are subject to regulation. We implemented these listing requirements 
through the Integrated Urban Air Toxics Strategy (64 FR 38715, July 19, 
1999).\1\
---------------------------------------------------------------------------

    \1\Since its publication in the Integrated Urban Air Toxics 
Strategy in 1999, the area source category list has undergone 
several amendments.
---------------------------------------------------------------------------

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

[[Page 59305]]

III. Proposed NESHAP for Polyvinyl Chloride and Copolymers Production 
Area Sources

A. What area source category is affected by the proposed NESHAP?

    The Polyvinyl Chloride and Copolymers Production area source 
category includes facilities that polymerize vinyl chloride monomer 
alone or in combination with other materials to produce PVC and 
copolymers. Sources in this area source category are currently subject 
to the National Emission Standard for Vinyl Chloride (40 CFR part 61, 
subpart F). The vinyl chloride standard applies to all new and existing 
major and area sources of PVC and copolymer production.
    We estimate that there are approximately 28 major sources of PVC 
and copolymer production facilities operating in the U.S. Although we 
do not know of any existing area sources in this category, we cannot 
say conclusively that there are not and never will be any area sources 
in this category. Consequently, we are proposing standards for both new 
and existing area sources. We are requesting comments on whether there 
are or ever will be any area sources in this source category.

B. What HAP are emitted from polyvinyl chloride and copolymers 
production?

    The resins used to make PVC and copolymer products are produced in 
batch reactor processes where vinyl chloride is polymerized with itself 
as a homopolymer or copolymerized with varying amounts of vinyl 
acetate, ethylene, propylene, vinylidene chloride, or acrylates. The 
resulting resins are generally dried into nontoxic powders or granules 
that are compounded with auxiliary ingredients and converted into a 
variety of plastic end products. These end products can be used in a 
large number of applications, including latex paints, coatings, 
adhesives, clear plastics, rigid plastics, and flooring.
    The urban HAP emitted from PVC and copolymer production is vinyl 
chloride, which is used as a primary feedstock. The copolymer 
feedstocks (e.g., vinyl acetate and vinylidene chloride) are also HAP 
under CAA section 112(b) but are not listed as urban HAP. HAP may be 
released from an opening or leak in the process equipment. Residual HAP 
(i.e., unreacted vinyl chloride) in the product may also become 
airborne.

C. What are the proposed requirements for area sources?

1. Applicability and Compliance Dates
    The proposed NESHAP apply to both new and existing PVC and 
copolymer plants that are area sources. Because existing area sources, 
if there are any, would already be operating subject to emissions 
limits and work practice standards that are the same as those in this 
proposed NESHAP, we are proposing that owners or operators of existing 
sources comply with all the requirements of the area source NESHAP by 
[Date of publication of the final rule in the Federal Register]. The 
owner or operator of a new source would be required to comply with the 
area source NESHAP by [DATE OF PUBLICATION OF THE FINAL RULE IN THE 
Federal Register] or at startup, whichever is later.
2. Emissions Limitations and Work Practice Standards
    We are proposing to adopt as the NESHAP for the Polyvinyl Chloride 
and Copolymer Production area source category 40 CFR part 61, subpart 
F. Subpart F establishes numerical emissions limits for reactors; 
strippers; mixing, weighing, and holding containers; monomer recovery 
systems; emissions sources following the stripper(s); and reactors used 
as strippers. Subpart F also establishes both emissions limits and work 
practice requirements that apply to discharges from manual vent valves 
on a PVC reactor and relief valves in vinyl chloride service, fugitive 
emissions sources, and equipment leaks. Subpart F requires a new or 
existing source to comply with the requirements at 40 CFR part 61, 
subpart V for the control of equipment leaks.
3. Compliance Requirements
    We are proposing to include in this proposed NESHAP the monitoring, 
testing, recordkeeping, and reporting requirements in 40 CFR part 61, 
subpart F. The proposed NESHAP requires a vinyl chloride continuous 
emissions monitoring system (CEMS) for the regulated emissions sources 
(except for sources following the stripper) and for any control system 
to which reactor emissions or fugitive emissions must be ducted. Plants 
using a stripper to comply with the NESHAP must also determine the 
daily average vinyl chloride concentration for each type of resin. The 
proposed NESHAP requires the owner or operator to submit quarterly 
reports containing information on emissions or resin concentrations 
that exceed the applicable limits. Records are required to demonstrate 
compliance, including a daily operating log for each reactor. Plants 
also would be required to comply with the testing, monitoring, 
recordkeeping, and reporting requirements in the part 61 General 
Provisions (40 CFR part 61, subpart A). We are also proposing that the 
owner or operator comply with the requirements for startup, shutdown, 
and malfunction (SSM) plans and reports in 40 CFR 63.6(e)(3). We have 
explicitly identified in the proposed NESHAP the applicable General 
Provisions of both 40 CFR parts 61 and 63.

D. What is our rationale for selecting the proposed standards for area 
sources?

1. Selection of Proposed Standards
    Stripping is the primary control measure used at major sources of 
PVC and copolymer production facilities to control HAP emissions and 
meet the vinyl chloride emissions limits required by 40 CFR part 61, 
subpart F, which applies to both major and area sources in this 
category. Stripping at the production stage to recover unreacted 
feedstock reduces the air emissions from the product by reducing the 
residual HAP in the product. In addition to stripping, other HAP 
control measures that may be employed to meet the subpart F standards 
include: (1) operating under a closed-vent system with add-on control 
(e.g., flare) to incinerate HAP gases not returning to the process, and 
(2) minimizing the presence of HAP before opening a reactor or piece of 
process equipment containing vinyl chloride monomer and other HAP. 
Subpart F also requires facilities to comply with the work practice 
standards for ongoing leak detection and repair prescribed in 40 CFR 
part 61, subpart V. As shown in major source facilities, these 
conventional control techniques and work practices are readily 
available and highly effective in controlling vinyl chloride emissions 
at PVC and copolymer production facilities. Although we are not aware 
of any existing area source, we have no reason to believe that the 
conventional control techniques employed at major sources to meet the 
emissions limits and work practice standards in subpart F are 
infeasible, impractical, or inappropriate for area sources. Therefore, 
we have determined that the emissions control requirements at 40 CFR 
part 61, subpart F represent GACT for new and existing sources in the 
Polyvinyl Chloride and Copolymer Production area source category.

[[Page 59306]]

2. Selection of Proposed Compliance Requirements
    We have reviewed the compliance requirements in the vinyl chloride 
standard and part 61 General Provisions applicable to this proposed 
NESHAP and concluded that these requirements are sufficient to ensure 
compliance with the proposed emissions limits and work practice 
standards. Therefore, we are including the part 61, subpart F 
performance test, monitoring requirements, and recordkeeping 
requirements in this proposed rule.
    The General Provisions applicable to the subpart F standard (40 CFR 
part 61, subpart A), are necessary for effective application of the 
subpart F standard and are therefore incorporated into this proposed 
rule as well. We are also incorporating certain provisions in the 
General Provisions of part 63, subpart A to address aspects of this 
proposed rule not covered by the part 61 General Provisions. 
Specifically, we need to incorporate certain provisions in Sec. Sec.  
63.1 and 63.5 of the part 63 General Provisions which delineate 
applicability, construction, and reconstruction. However, we are not 
applying provisions within 40 CFR 63.1 and 63.5 that are already 
covered by part 61 General Provisions. We are proposing to apply the 
provisions in 40 CFR 63.1(a) except for the provisions in 40 CFR 
63.1(a)(11) and (12) regarding notices, time periods, and postmarks; 40 
CFR 63.1(b) except paragraph (b)(3); 40 CFR 63.1(c); 40 CFR 63.1(e); 
and 40 CFR 63.5 except for the references to 40 CFR 63.6 for compliance 
procedures and the references to 40 CFR 63.9 for notification 
procedures. Because the part 61 General Provisions do not include 
requirements for SSM plans and reports, we are also proposing to 
require the owner or operator of a new or existing area source to 
comply with the SSM requirements in 40 CFR 63.6(e)(3) except for the 
requirement in 40 CFR 63.6(e)(3)(ix) to include the SSM provisions in 
the title V permit.

E. What is our rationale for exempting polyvinyl chloride and 
copolymers production area sources from the CAA title V permit 
requirements?

    Section 502(a) of the CAA provides that EPA may exempt one or more 
area sources from the requirements of title V if EPA finds that 
compliance with such requirements is ``impracticable, infeasible, or 
unnecessarily burdensome'' on such area sources. EPA must determine 
whether to exempt an area source from title V at the time we issue the 
relevant section 112 standard (40 CFR 70.3(b)(2)). We are proposing in 
this action to exempt PVC and copolymers production area sources from 
the requirements of title V. PVC and copolymers production area sources 
would not be required to obtain title V permits solely as a function of 
being the subject of the proposed NESHAP; however, if they were 
otherwise required to obtain title V permits, such requirement(s) would 
not be affected by the proposed exemption.
    Consistent with the statute, EPA has found that compliance with 
title V permitting is ``unnecessarily burdensome'' for PVC and 
copolymers production area sources. EPA's inquiry into whether this 
criterion was satisfied was based primarily upon consideration of the 
following four factors: (1) Whether title V would result in significant 
improvements to the compliance requirements that we are proposing for 
this area source category; (2) whether title V permitting would impose 
a significant burden on these area sources and whether that burden 
would be aggravated by any difficulty these sources may have in 
obtaining assistance from permitting agencies; (3) whether the costs of 
title V permitting for these area sources would be justified, taking 
into consideration any potential gains in compliance likely to occur 
for such sources; and (4) whether there are implementation and 
enforcement programs in place that are sufficient to assure compliance 
with this NESHAP without relying on title V permits.
    Additionally, EPA also considered, consistent with the guidance 
provided by the legislative history of CAA section 502(a),\2\ whether 
exempting PVC and copolymers production area sources would adversely 
affect public health, welfare or the environment. We first determined 
the extent to which these factors were present for this area source 
category. We then determined whether those factors collectively 
demonstrated that compliance with title V requirements would be 
unnecessarily burdensome for PVC and copolymer production area sources.
---------------------------------------------------------------------------

    \2\ The legislative histroy of section 502(a) suggests that EPA 
should not grant title V exemptions where doing so would adversely 
affect public health, welfare, or the environment. (See Chafee-
Baucus Statement of Senate Managers, Environment and Natural 
Resources Policy Division 1990 CAA Leg. Hist. 905, Compiled 
November, 1993.)
---------------------------------------------------------------------------

    The first factor is whether title V would result in significant 
improvements to the compliance requirements we are proposing for this 
area source category. We looked at the compliance requirements of the 
proposed NESHAP to see if they were substantially equivalent to the 
monitoring, recordkeeping and reporting requirements of title V (see 40 
CFR 70.6 and 71.6) that we believe are important for assuring 
compliance with the NESHAP. The purpose of this review was to determine 
if title V is ``unnecessary'' to improve compliance with this NESHAP. A 
finding that title V would not result in significant improvements to 
the compliance requirements in the proposed NESAHP would support a 
conclusion that title V permitting is ``unnecessary'' for area sources 
in this category. One way that title V may improve compliance is by 
requiring monitoring (including recordkeeping designed to serve as 
monitoring) to assure compliance with the emission limitations and 
control technology requirements imposed in the standard. The authority 
for adding new monitoring in the permit is in the ``periodic 
monitoring'' provisions of 40 CFR 70.6(a)(3)(i)(B) and 40 CFR 
71.6(a)(3)(i)(B), which allow new monitoring to be added to the permit 
when the underlying standard does not already require ``periodic 
testing or instrumental or noninstrumental monitoring (which may 
consist of recordkeeping designed to serve as monitoring).'' In 
addition, title V imposes a number of recordkeeping and reporting 
requirements that may be important for assuring compliance. These 
include requirements for a monitoring report at least every 6 months, 
prompt reports of deviations, and an annual compliance certification. 
See 40 CFR 70.6(a)(3) and 40 CFR 71.6(a)(3), 40 CFR 70.6(c)(1) and 40 
CFR 71.6(c)(1), and 40 CFR 70.6(c)(5) and 40 CFR 71.6(c)(5).
    To determine whether title V permits would add significant 
compliance requirements to the proposed NESHAP for PVC and copolymer 
area sources, we compared the title V monitoring, recordkeeping, and 
reporting requirements mentioned above to those requirements in the 
proposed NESHAP for the Polyvinyl Chloride and Copolymer Production 
area source category, which adopts the compliance requirements in the 
National Emission Standard for Vinyl Chloride. See 40 CFR 61.60. We 
also reviewed the part 61 compliance requirements (specifically 40 CFR 
61.67 through 61.71) applicable to this proposed NESHAP. The proposed 
NESHAP would require a vinyl chloride CEMS for the regulated emissions 
sources (except for sources following the stripper) and for any control 
system to which reactor emissions or fugitive emissions must be ducted. 
Plants using a stripper to comply with the NESHAP must also

[[Page 59307]]

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

IV. Proposed NESHAP for Primary Copper Smelting Area Sources

A. What area source category is affected by the proposed NESHAP?

1. Source Category Description
    Copper metal produced directly from copper ore is referred to as 
``primary copper.'' The primary copper smelting source category 
includes facilities that produce copper from copper sulfide ore 
concentrates using a pyrometallurgical process.
    Currently, there are three primary copper smelters operating in the 
U.S. Two of these smelters are major sources

[[Page 59308]]

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

B. What HAP are emitted from primary copper smelters?

    Metals other than copper naturally occur in copper ore deposits, 
and some of these metals are listed as HAP under CAA section 112(b). In 
general, the HAP metals that have been found in larger quantities in 
copper ore mined and smelted in the U.S. are lead and arsenic. Lesser 
quantities of antimony, beryllium, cadmium, chromium, cobalt, 
manganese, mercury, nickel, and selenium have also been detected. As

[[Page 59309]]

previously mentioned, the primary copper smelting area source category 
was listed for regulation under CAA sections 112(c)(3) and 112(k)(3)(B) 
due to emissions of the urban HAP arsenic, cadmium, chromium, nickel, 
and lead.
    HAP metals in the copper ore are released into the atmosphere in 
the form of PM during certain high temperature operations. The 
composition and quantity of the potential HAP emissions from a given 
smelter are directly related to the level of metal impurities in the 
copper concentrate processed at the smelter.

C. What are the proposed requirements for area sources?

1. Applicability and Compliance Dates
    The proposed NESHAP applies to each new or existing primary copper 
smelter that is an area source of HAP. Because the one existing area 
source is already operating subject to PM control requirements that are 
the same as those in this proposed NESHAP, we are proposing that an 
existing affected source comply by [DATE OF PUBLICATION OF THE FINAL 
RULE IN THE Federal Register]. A new affected source would be required 
to comply by [DATE OF PUBLICATION OF THE FINAL RULE IN THE Federal 
Register] or upon initial startup, whichever is later.
2. Emissions Limits and Work Practice Standards
    The owner or operator of an existing area source would be required 
to control HAP emissions from copper concentrate drying, copper 
concentrate smelting, copper matte drying and grinding, copper matte 
converting, and copper anode refining and casting operations. The 
proposed NESHAP requires that gases and fumes generated by these 
processes be captured and vented through one or more PM control 
devices. Total PM emissions from the captured gas streams from all of 
these processes would be limited on a smelter-wide basis to no greater 
than 89.5 pounds per hour (lb/hr) as determined on a 24-hour average 
basis.
    Similarly, the owner or operator of a new area source would be 
required to control HAP emissions from all primary copper smelting 
processes, including but not limited to those processes mentioned above 
that are applicable to the new sources's smelter design. The proposed 
standard requires that gases and fumes generated by these processes at 
a new source be captured and vented through one or more PM control 
devices. However, instead of the 89.5 lb/hr emissions limit, we would 
require a new source to achieve a facility input-based emission rate 
for total PM no greater than a daily (24-hour) average of 0.6 pounds 
per ton (lb/ton) of copper concentrate feed charged to the smelting 
vessel.
    The proposed NESHAP also require a secondary gas system for each 
smelting vessel and converting vessel that collects the gases and fumes 
released during the molten material transfer operations and conveys the 
collected gas stream to a control device. Capture systems that collect 
gas and fumes and convey them to a control device also would be 
required for operations in the anode refining and casting department.
3. Compliance Requirements
    For existing area sources, we are proposing to apply the testing, 
monitoring, recordkeeping, and reporting requirements for PM emissions 
currently applicable to the only existing area source smelter. 
Compliance with the proposed emissions limit for existing area sources 
would be based on the daily average PM emissions measured by a PM CEMS. 
The owner or operator would submit reports of deviations within two 
weeks of the date the deviation occurred, monthly summaries of 
monitoring data, and semiannual monitoring reports. We are also 
proposing that the owner or operator comply with the requirements in 40 
CFR 63.6(e)(3) for SSM plans and reports.
    The owner or operator of an existing area source would be required 
to comply with notification requirements in 40 CFR 63.9 of the General 
Provisions (40 CFR part 63, subpart A). In the notification of 
compliance status required in 40 CFR 63.9(h), the owner or operator 
would be allowed to certify initial compliance with the proposed 
emissions limit based on monitoring data collected during the previous 
month. The owner or operator would also certify initial compliance with 
the work practice standards.
    The owner or operator of a new primary copper smelter would be 
required to install, operate, and maintain a CEMS to measure and record 
PM concentrations and gas stream flow rates for each emissions source 
subject to the emissions limit. The proposed NESHAP requires that the 
PM CEMS meet EPA Performance Specification 11 (40 CFR part 60, appendix 
B). A device to measure and record the weight of the copper concentrate 
feed charged to the smelting furnace each day also would be required. 
The owner or operator would be required to continuously monitor PM 
emissions, determine and record the daily (24-hour) value for each day, 
and calculate and record the daily average pounds of total PM per ton 
of copper concentrate feed charged to the smelting furnace. A monthly 
summary report of the daily averages of PM per ton of copper 
concentrate feed charged to the smelting vessel also would be required. 
All notification, monitoring, testing, operation and maintenance, 
recordkeeping, and reporting requirements of the part 63 General 
Provisions would apply to the owner or operator of a new source.

D. What is our rationale for selecting the proposed standards for area 
sources?

1. Selection of Pollutants
    The HAP emissions from primary copper smelters originate primarily 
from metal impurities that naturally occur in copper ore concentrates. 
During the smelting process and the subsequent converting process to 
produce blister copper, these HAP metal species either are eliminated 
in the molten slag tapped from the process vessels or are vaporized and 
discharged in the off-gases vented from the vessels. HAP metals may 
also be emitted from other processes that contain molten materials, 
such as anode refining and the casting operation. Upon cooling of the 
process off-gas, the volatilized HAP metal species condense, form 
aerosols, and behave as PM.
    The composition and amounts of metal HAP in the copper ore 
concentrates can vary from one smelter to another, as well as over time 
at individual smelters depending on the ore deposit from which the 
copper ore concentrate is obtained. This inherent variability and 
unpredictability of the metal HAP compositions and amounts in copper 
ore concentrates have a material effect on the composition and amount 
of HAP metals in the process off-gas emissions at the smelter. As a 
result, establishing individual numerical emissions limits for each HAP 
metal species is difficult given the level of uncertainty about the 
individual metal HAP compositions of the copper ores processed at a 
smelter.
    An emissions characteristic common to all smelters and similar 
source categories is that metal HAP are a component of the PM contained 
in the process off-gas discharged from smelting, converting, anode 
refining, and casting operations. Emissions limits established to 
achieve control of PM will also achieve control of metal HAP other than 
mercury. Consequently, we chose to use PM as a surrogate for the urban 
HAP, which are metal HAP, in establishing emissions limits. This 
approach is consistent with the

[[Page 59310]]

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

V. Proposed NESHAP for Secondary Copper Smelting Area Sources

A. What source category is affected by the proposed NESHAP?

1. Source Category Description
    A significant amount of copper metal consumed in the U.S. has been 
produced historically by remelting, smelting, and refining scrap 
materials containing copper. These scrap materials can be recycled 
post-industrial wastes, such as copper trimmings from manufacturing 
processes or post-consumer wastes such as recovered old consumer 
products containing copper.

[[Page 59311]]

Copper metal produced from copper scrap is referred to as ``secondary 
copper.''
    There is a variety of types of copper scrap with varying copper 
contents. High-quality unalloyed copper scrap often contains more than 
99 percent copper and is remelted directly. Other types of copper scrap 
have lower copper contents and must be processed before they can be 
reused in manufacturing copper products. Types of copper scrap with 
lower copper contents include scrap from copper alloys (e.g., brass and 
bronze scrap) and industrial residuals that contain copper (e.g., 
skimmings, ashes, refining slag, flue dusts). The prices paid for 
copper scrap materials depend on the commodity price for refined copper 
and the type of scrap. In general, prices for scrap copper track 
refined copper price trends with higher prices being paid for copper 
scrap categories with higher copper purity.
    Copper scrap referred to as old scrap is obtained from used, worn 
out, or obsolete copper products that are recycled or recovered. This 
scrap is obtained by collecting discarded, dismantled or obsolete 
copper-containing products at the end of their service lives. Another 
source of old scrap is copper building materials salvaged from 
demolition sites. Examples of old scrap include recycled electrical 
cable and wiring, copper plumbing pipes from building demolitions, 
windings from worn electric motors, salvaged automobile radiators, 
dismantled printed circuit boards, obsolete telephone switching gear, 
recovered ammunition casings, and copper-based spent catalysts. In 
general, the copper content of old scrap ranges from less than 30 to 
more than 98 percent copper depending on the source. Old scrap 
typically requires some pre-treatment, such as cleaning and 
consolidation, in preparation for smelting.
    The other major category of copper scrap, referred to as new scrap, 
is scrap generated during manufacturing processes and from other copper 
materials that have never entered the consumer markets. Examples of new 
scrap include machining turnings, stampings, and cuttings from 
manufacturing processes, as well as defective products pulled prior to 
shipment. New scrap can often be recycled directly with little or no 
pretreatment. New scrap may be collected and sold to third-party 
secondary copper processors or may be recycled directly within the 
manufacturing facility that generates the copper scrap.
    Facilities that process copper scrap can be classified into three 
general categories: smelters, ingot makers, and remelters. The listing 
of this source category included only secondary copper smelters, which 
are the subject of this proposed NESHAP. Secondary copper smelters 
process copper scrap in a blast furnace and converter or use another 
pyrometallurgical purification process to produce anode copper from 
copper scrap, including low grade copper scrap. The distinguishing 
features of secondary copper smelters are the type of pyrometallurgical 
process used and the final product, which is anode copper. Most U.S. 
copper smelters charged low grade copper scrap along with fluxes into a 
cupola blast furnace followed by additional purification in copper 
converters. One facility processed low-grade copper scrap using a 
combined smelting and converting process conducted in a top blown 
rotary converter. All of these plants fire refined the copper to 
produce anode copper.\3\
---------------------------------------------------------------------------

    \3\ There are no existing secondary copper smelters as defined 
in the proposed rule.
---------------------------------------------------------------------------

    Secondary copper smelters may have on-site pretreatment processes 
to clean and consolidate the copper scrap in preparation for smelting. 
Concentrating can be performed either manually or mechanically and can 
include sorting, stripping, shredding, and magnetic separation. The 
scrap can be further refined using sweating, insulation burning, 
drying, flotation, and leaching. The type of pretreatment processes 
used depends on the type and source of the copper scrap.
    A similarity with primary copper producers is that the molten 
copper is transferred from the converting vessel to an anode furnace 
for additional fire refining to further remove residual impurities and 
oxygen. The molten copper from the anode furnace is poured into molds 
to produce solid copper called anodes. The anode copper is sent to a 
copper refinery, either on-site or at another location, where it is 
further purified using an electrolytic process to obtain the high-
purity copper that is used for manufacturing products.
    Secondary copper smelters are part of the broad standard industrial 
classification (SIC) code 3341 (secondary nonferrous metals), which 
also includes copper, brass, and bronze ingot makers as well as 
producers of several other secondary nonferrous metals. The area source 
category listing of secondary copper smelting, a small subset of SIC 
3341, was based on the contribution of secondary copper smelters to 
emissions of the urban HAP cadmium, lead and dioxin. For several 
national emission standards, EPA has defined source categories and 
applicability based on the types of processes in place rather than 
defining applicability in terms of the broad definition of an SIC code. 
In this case, ingot makers and other producers of certain secondary 
nonferrous metals (other than secondary copper smelters as defined in 
this proposed rule) are not included in the secondary copper smelting 
area source category.
2. Existing Sources
    The secondary copper smelting plants that served as the basis for 
emissions estimates for the secondary copper smelting area source 
category were Gaston Recycling Industries (Gaston, South Carolina), 
Franklin Smelting and Refining (Philadelphia, Pennsylvania), Cerro 
Copper Products (Sauget, Illinois), Southwire Company (Carrollton, 
Illinois), and Chemetco, Inc. (Hartford, Illinois). All of these plants 
have shut down, and no similar secondary copper smelters have been 
constructed. There are also no existing major source secondary copper 
smelters.
    Secondary copper smelting was once a thriving industrial sector in 
the U.S. with smelters operating in many regions of the country. 
However, the last of the smelters closed in the late 1990's and early 
2000's during a period of depressed prices for refined copper, 
increased production costs, and other site-specific factors. In 
addition, scrap copper collected in the U.S. was increasingly exported 
to China and other countries with little or no processing, which 
increased the prices U.S. secondary copper smelters paid for scrap 
copper. The last U.S. secondary copper smelter (Chemetco) closed in 
2001. Our information indicates that equipment and operations for 
secondary copper production at these previously operating smelters have 
all been dismantled. Therefore, there is not any, nor would there ever 
be, an existing source secondary copper smelter that would be subject 
to the proposed rule.
3. New Sources
    While there are no existing secondary copper smelters in the U.S., 
secondary copper smelters are operating in several other countries. 
Secondary copper smelting technologies currently being developed and 
utilized are significantly different from the processes once used at 
U.S. smelters. These new technologies provide better control of air 
emissions and produce inherently lower HAP emission levels because they 
do not have many of the fugitive

[[Page 59312]]

emissions points associated with the older smelting technologies.
    Record-high commodity prices for refined copper are motivating 
companies to expand primary copper production capacity in the U.S. If 
the rebound in refined copper commodity prices is stimulating the 
development of primary copper production, it is possible that these 
higher copper prices will also encourage the return of the secondary 
copper smelting industry to the U.S. New secondary copper smelting 
operations could be built by independent companies to produce refined 
copper for sale or by companies that use copper as a raw material in 
their manufacturing processes (e.g., electrical wire and cable 
manufacturers).
    The average price spread between refined copper and copper scrap 
has returned to the levels in the mid-1990's during which secondary 
copper smelters operated profitably in the U.S. The price spread levels 
that supported the U.S. secondary copper smelting industry in the past 
might have changed in the late 1990's because of new cost 
considerations such as more stringent pollution abatement requirements, 
increased competition for the U.S. scrap copper supply by foreign 
smelters, and other factors. Based on the information we have 
collected, however, we conclude that the economic conditions for 
secondary copper smelters are more favorable today than they were in 
the late 1990's and early 2000's when the last U.S. smelters closed. 
Therefore, it is possible that the industry will reemerge in the U.S.

B. What HAP are emitted from secondary copper smelters?

    Copper scrap that is collected and reprocessed may contain HAP 
metals, including the urban HAP metals cadmium and lead, for which 
secondary copper smelters are listed for regulation under CAA sections 
112(c)(3) and 112(k)(3)(B). HAP metals occur in the scrap as a result 
of other metals used in conjunction with copper for certain industrial 
and consumer applications, such as the use of lead solders for 
assembling copper plumbing pipes. Metal HAP can be released into the 
atmosphere in the form of PM during certain high-temperature copper 
scrap smelting operations.
    As with metal HAP emissions from primary copper smelters (see 
section IV.B of this preamble), the presence and concentrations of 
specific HAP metals in a copper scrap material vary depending on the 
material source. Consequently, the potential HAP emissions from a given 
secondary copper smelter are directly related to the level of HAP 
metals in the copper scrap material processed.
    Secondary copper smelters were also listed for emissions of the 
urban HAP dioxin. Dioxins may form when chlorinated plastics in the 
scrap are heated to high temperatures in smelting furnaces.
    In EPA's March 2005 Dioxin Reassessment (available at http://www.epa.gov/ncea/pdfs/dioxin/2k-update/
), secondary copper smelters 

were identified as contributors to the U.S. inventory of dioxin 
emissions in 1995 when three secondary copper smelters were operating. 
Secondary copper smelters have a high potential for dioxin emissions 
because of the abundance of chlorinated plastics in the copper scrap 
that is used as feed material.

C. What are the proposed requirements for area sources?

1. Applicability and Compliance Dates
    The proposed NESHAP apply to each new secondary copper smelter that 
is an area source of HAP. A new affected source would be required to 
comply by [DATE OF PUBLICATION OF THE FINAL RULE IN THE Federal 
Register] or upon initial startup, whichever is later.
2. Emission Limit and Work Practice Standards
    We are proposing that any new secondary copper smelter apply a 
capture and control system for PM emissions to any process operation 
that melts copper scrap, alloys, or other metals or that processes 
molten material. Emissions of PM from the control device must not 
exceed 0.002 grains per dry standard cubic feet (gr/dscf). The owner or 
operator must also prepare and follow a written plan for the selection, 
inspection, and pretreatment of copper scrap to minimize, to the extent 
practicable, the amount of oil and plastics in the scrap that is 
charged to smelting or melting furnaces.
3. Compliance Requirements
    Fabric filters (baghouses) are expected to be needed to meet the 
proposed emission limit. Consequently, we are proposing monitoring 
requirements that include bag leak detection systems when baghouses are 
used. The owner or operator would keep records to document conformance 
with requirements in the written plan for the selection, inspection, 
and pretreatment of copper scrap. If a control device other than a 
baghouse is used, the owner or operator would submit a monitoring plan 
to the permitting authority for approval. The monitoring plan would 
include performance test results showing compliance with the PM 
emission limit, a plan for operation and maintenance of the control 
device, a list of operating parameters that will be monitored, and 
operating parameter limits that were established during the performance 
test.
    The owner or operator would conduct a performance test to 
demonstrate initial compliance with the PM emissions limit and report 
the results in the notification of compliance status required by 40 CFR 
63.9(h) of the General Provisions. The PM concentration would be 
determined using EPA Method 5 (for negative pressure baghouses) or 
Method 5D (for positive pressure baghouses) in 40 CFR part 60, appendix 
A. Repeat performance tests would be required every 5 years to 
demonstrate compliance with the PM emissions limit. All requirements of 
the part 63 General Provisions would apply to the owner or operator of 
a new source.

D. What is our rationale for selecting the proposed standards for area 
sources?

1. Selection of Proposed Standards
    As discussed above, there is not and will never be any existing 
area source secondary copper smelter. Copper production processes at 
all of the previously existing secondary copper smelters have been 
dismantled. Construction or reconstruction would be necessary should 
there be an attempt to restart secondary copper production at any of 
these facilities. Currently there is not any such construction or 
reconstruction at these facilities, and construction or reconstruction 
that occurs after this proposal would qualify the operation as a new 
source. Because there is not, nor will there ever be, any existing area 
source secondary copper smelter, a standard for existing area sources 
of secondary copper smelters would never have any application. We do 
not believe that Congress intended that we issue regulations that will 
not have any application. Therefore, we are not proposing standards for 
existing area sources of secondary copper smelters.
    In the 1990 Amendments to the CAA, Congress directed EPA to 
identify 30 HAP that present the greatest threat to public health in 
the largest number of urban areas (urban HAP). (See sections 112(c)(3) 
and 112(k)(3)(B) of the CAA.) The 1990 Amendments also directed EPA to 
list sufficient area source categories to account for 90 percent or 
more of the emissions of each urban

[[Page 59313]]

HAP and to address the urban HAP emissions from the listed sources 
through regulation. Secondary copper smelting area sources contributed 
to emissions of the urban HAP dioxin, cadmium and lead; therefore, 
their urban HAP emissions are among those that EPA is directed to 
address. Pursuant to this statutory obligation, we have studied this 
area source category and have concluded that emissions of dioxin, 
cadmium and lead from these sources have been eliminated and therefore 
adequately addressed by the shutdown of these facilities.
    However, we are proposing standards for new sources to ensure that 
any potential emissions of these urban HAP from future secondary copper 
smelting area sources will be appropriately controlled. For new 
secondary copper smelters, we reviewed technologies that have been 
applied to similar scrap melting processes in the U.S. For example, 
almost all electric arc furnaces at steel mills that melt and recycle 
iron and steel scrap are controlled by baghouses, several are subject 
to a PM limit of 0.002 gr/dscf or less, and over 90 percent of the PM 
test data collected for the entire industry show that PM emissions are 
less than 0.002 gr/dscf. In addition, baghouses were identified as the 
most effective PM control device used for emissions from cupolas (the 
same type of furnace as that used at secondary copper smelters) that 
melt metal scrap at iron and steel foundries. The NESHAP for iron and 
steel foundries (40 CFR part 63, subpart EEEEE) established a PM limit 
of 0.002 gr/dscf for new cupolas that melt metal scrap. We chose to 
apply a PM limit of 0.002 gr/dscf as GACT to all melting furnaces and 
other furnaces that process molten metal at a new secondary copper 
smelter. This limit has been demonstrated as achievable by both new and 
existing similar furnaces that process metal scrap, and it represents 
the level of performance provided by the recommended technology for PM 
in this application (i.e., a baghouse). The GACT determination for new 
sources is also consistent with the United Nations Environment 
Programme's guidelines on performance standards for new secondary 
copper smelters (available at http://www.pops.int/documents/batbep_advance/intersessional_work/default.htm.
) The guidelines recommend 

high efficiency PM removal systems (such as fabric filters or 
baghouses) and state that such systems should achieve a PM level of 5 
milligrams per cubic meter (0.002 gr/dscf) for new secondary copper 
smelters. As discussed earlier, the last secondary copper smelter (as 
defined for this source category) shut down several years ago, and new 
secondary copper facilities are not likely to use the older technology 
that would subject them to this proposed rule. However, we are 
requesting comment on whether the proposed standard for new sources is 
accurate representation of GACT for new sources.
    The United Nations Environment Programme has published guidelines 
on best available techniques to reduce dioxin emissions from 
metallurgical processes, including secondary copper smelting available 
at http://www.pops.int/documents/batbep_advance/intersessional_work/default.htm.
 One of the pollution prevention measures is pre-sorting of 

feed materials (scrap) to reduce the presence of oils, plastics, and 
chlorine. Other pollution prevention methods include thermal de-coating 
and de-oiling, milling and grinding with density or pneumatic 
separation, and stripping cable insulation. Emission control devices 
include fume collection with high efficiency PM removal (such as fabric 
filters). The stringent proposed PM emissions limit (0.002 gr/dscf) 
would ensure that high efficiency control devices for PM would be used. 
We selected the pollution prevention measures and the PM emissions 
limit as GACT for dioxin emissions from new secondary copper smelters. 
The owner or operator of any new smelter must develop and implement a 
written plan for the selection, inspection, and pretreatment of copper 
scrap to minimize, to the extent practicable, the amount of oil and 
plastics in the scrap that is charged to the smelting furnace. This is 
accomplished by preparing and following a scrap management plan, 
training scrap inspectors, and keeping records to show the plan is 
implemented.
2. Selection of Proposed Compliance Requirements
    We are proposing to base the compliance requirements on the 
testing, monitoring, operation and maintenance, recordkeeping, and 
reporting requirements in the General Provisions (40 CFR part 63, 
subpart A). The General Provisions are necessary for effective 
application of the standard for new area sources and are therefore 
incorporated into the proposed rule. These requirements are sufficient 
to ensure compliance with the proposed emissions limit and work 
practice standards.

VI. Proposed NESHAP for Primary Nonferrous Metals--Zinc, Cadmium, and 
Beryllium Area Sources

A. What area source category is affected by the proposed NESHAP?

    The Primary Nonferrous Metals-Zinc, Cadmium, and Beryllium source 
category includes establishments primarily engaged in smelting and 
refining of three nonferrous metals--zinc, cadmium, and beryllium. 
There are only two primary zinc smelters that are currently operating 
in the U.S., and both are area sources. One of the smelters is subject 
to the NSPS for primary zinc smelters (40 CFR part 60, subpart Q), 
which applies to SO2 emissions from roasters and PM 
emissions from sintering machines. Both facilities have title V 
operating permits including requirements for the control of PM and 
SO2.
    There are no cadmium smelters in the U.S., and we do not expect any 
to be built in the future. Cadmium minerals are not found alone in 
commercially viable deposits. Instead, cadmium is produced as a by-
product of zinc smelting processes. Only one of the two U.S. primary 
zinc smelters produces cadmium as a by-product; the other plant 
shutdown and dismantled their cadmium recovery process equipment.
    All new and existing primary beryllium production facilities are 
subject to the National Emissions Standard for Beryllium at 40 CFR part 
61, subpart C. Recent data indicate that there are no primary beryllium 
production facilities (major or area sources) currently operating in 
the U.S. The last U.S. beryllium production facility, which was a major 
source due to emissions of tetrachloroethylene, shutdown all primary 
beryllium operations at its manufacturing plant in June 2000. In the 
event that this plant restarts the primary beryllium production 
operation, the plant would probably continue to be a major source 
rather than an area source due to tetrachloroethylene emissions.

B. What is primary zinc production and what HAP are emitted?

    Primary zinc smelters process zinc sulfide ore concentrates to 
produce metallic zinc or zinc oxide. Primary zinc production facilities 
also process zinc scrap and zinc oxide materials, and although these 
may be considered secondary zinc processes, they are part of this area 
source category when they are located at the primary zinc production 
facility. The two U.S. primary zinc producers process zinc sulfide ore 
concentrate by smelting the ore in a roaster to produce impure zinc

[[Page 59314]]

oxide (calcine) followed by hydrometallurgical reduction processes that 
include leaching, purification, and electrolysis to produce metallic 
zinc. During roasting, most of the sulfur in the ore concentrate is 
removed as SO2. The roaster off-gases containing PM and 
SO2 are processed through a series of gas cleaning devices 
to remove the PM (cyclones, electrostatic precipitators, and venturi 
scrubbers), and the cleaned gas is routed to a sulfuric acid plant 
where the SO2 is converted to sulfuric acid. Any HAP metals 
that volatilize during the roasting process are removed by the PM 
control equipment prior to the acid plant. The PM removal equipment is 
an important and inherent part of the production process because the PM 
must be removed before the gas is processed in the acid plant (e.g., to 
protect and maintain the catalyst in the acid plant).
    In the electrolytic deposition process, the desulfurized calcine 
from the roaster is first processed through a series of leaching and 
purification operations to dissolve the zinc oxide into an electrolyte 
solution. The solution is poured into cells where metallic zinc is 
recovered in a batch operation by passing current through the 
electrolyte solution causing zinc to deposit on an aluminum cathode.
    During the acid leaching step, cadmium is precipitated from the 
solution by adding zinc dust. The cadmium precipitate is filtered and 
formed into a cake. The cake may be sold as a recyclable product or 
further purified and cadmium metal recovered using an electrolytic 
process similar to that used for zinc. Recovered cadmium may be melted 
in a furnace and poured into casting molds. Molten cadmium can also be 
charged to a second oxidizing furnace that converts cadmium metal into 
cadmium oxide.
    Although HAP metals are present in the PM from the roaster's 
exhaust, the roaster is not a significant source of HAP metal emissions 
because of the extensive cleaning of the gas to remove PM prior to the 
acid plant. Melting furnaces also generate metal HAP emissions and PM 
emissions because of the high temperatures used to heat the materials. 
These furnaces are used to melt the pure zinc from electrolysis, 
alloys, and zinc scrap and dust for recycling. Both plants use 
baghouses to control PM and HAP metal emissions from the various 
melting furnaces. The HAP metals that have been reported from primary 
zinc production include arsenic, cadmium, lead, manganese, mercury, and 
nickel, all of which are identified by EPA as urban HAP. As previously 
mentioned, the primary nonferrous area source category was listed for 
regulation under CAA sections 112(c)(3) and 112(k)(3)(B) due to 
emissions of all of these HAP except for mercury.

C. What are the proposed requirements for primary zinc production area 
sources?

1. Applicability and Compliance Dates

    The proposed NESHAP applies to the owner or operator of a new or 
existing primary zinc production facility that is an area source of HAP 
emissions. Because the two existing sources are already operating 
subject to PM control requirements that are the same as those in the 
proposed NESHAP, we are proposing that an existing affected source 
comply by [DATE OF PUBLICATION OF THE FINAL RULE IN THE Federal 
Register]. A new affected source would be required to comply by [DATE 
OF PUBLICATION OF THE FINAL RULE IN THE Federal Register] or upon 
initial startup, whichever is later.
2. Emissions Limits and Work Practice Standards
    We are proposing a work practice standard for roasters at new and 
existing sources. The proposed NESHAP requires the owner or operator to 
exhaust roaster off-gases to PM removal equipment and a sulfuric acid 
plant. Bypassing the sulfuric acid plant during charging of the roaster 
would be prohibited.
    Emissions limits are proposed for the different types of melting 
furnaces at primary zinc production facilities. For existing sources, 
we are proposing PM limits of 0.93 lb/hr for zinc cathode melting 
furnaces; 0.1 lb/hr for furnaces that melt zinc dust, chips, and off-
specification zinc materials; and 0.228 lb/hr for the combined exhaust 
from furnaces that melt zinc scrap and alloys. For new sources, we are 
proposing a PM limit of 0.005 gr/dscf for the furnaces mentioned above. 
In addition, we are proposing limits of 0.014 gr/dscf for anode casting 
furnaces and 0.015 gr/dscf for cadmium melting furnaces at new and 
existing sources.
    Emissions limits also are proposed for any sintering machine at a 
new or existing area source facility. If there is a sintering machine, 
the proposed NESHAP requires the owner or operator to comply with the 
PM limit at 40 CFR 60.172 and the opacity limit at 40 CFR 60.174(a) of 
the NSPS for primary zinc smelters (40 CFR part 60, subpart Q).
3. Proposed Compliance Requirements
    We are proposing to adopt for existing area sources certain 
monitoring, recordkeeping, and reporting requirements already 
applicable to the two existing facilities that relate to PM emissions 
control. The owner or operator of an existing area source would monitor 
baghouse pressure drop, perform routine baghouse maintenance, and keep 
records to document compliance. In addition, we are proposing to 
require repeat performance tests (at least once every 5 years) for 
existing sources. The proposed NESHAP also would require a continuous 
opacity monitoring system (COMS) for any sintering machine in 
accordance with 40 CFR 60.175.
    The owner or operator of an existing area source would be required 
to comply with initial notification requirements in 40 CFR 63.9 of the 
General Provisions. In the notification of compliance status required 
by 40 CFR 63.9(h), the owner or operator would be allowed to certify 
initial compliance with the proposed HAP emissions limits based on the 
results of a PM performance test for each of the regulated emissions 
sources conducted within the past 5 years. The owner or operator would 
also certify initial compliance with the work practice standards.
    If an existing source has not conducted a performance test to 
demonstrate compliance with the emissions limits for a furnace, the 
proposed NESHAP requires that the facility conduct a test according to 
the requirements at 40 CFR 63.7 using EPA Method 5 (40 CFR part 60, 
appendix A) to determine the PM concentration or an alternative method 
previously approved by the permitting authority. For a sintering 
machine, the owner or operator would conduct a performance test 
according to the procedures in 40 CFR 60.176(b) using EPA Method 5 to 
determine the PM concentration and EPA Method 9 (40 CFR part 60, 
appendix B) to determine the opacity of emissions.
    As required in the existing permits, the owner or operator would be 
required to submit a notification to the permitting authority of any 
deviation from the requirements of the NESHAP. The notification must 
describe the probable cause of the deviation and any corrective actions 
or preventative measures taken. Existing facilities would also submit 
semiannual monitoring reports which clearly describe any deviations. 
Records of all required monitoring data and support information also 
would be required. The owner or operator of an existing area source 
would also be required to comply with the requirements in 40

[[Page 59315]]

CFR 63.6(e)(3) of the General Provisions for SSM plans and reports.
    The owner or operator of a new area source would be required to 
install and operate a bag leak detection system for each baghouse used 
to comply with a PM emissions limit. In addition, we are proposing to 
require repeat PM performance tests (once every 5 years) for each 
furnace at a new source. The owner or operator would also be required 
to install, operate, and maintain a COMS for each sintering machine 
according to EPA Performance Specification 1 (40 CFR part 60, appendix 
B).
    The owner or operator of a new affected source would demonstrate 
initial compliance with the applicable emissions limits by conducting a 
performance test according to the requirements at 40 CFR 63.7 and using 
EPA 5 or 5D (40 CFR part 60, appendix A), as applicable, to determine 
the PM concentration. An initial performance test would also be 
required for a sintering machine according to the methods and 
procedures in 40 CFR 60.176(b). All of the testing, monitoring, 
operation and maintenance, recordkeeping, and reporting requirements of 
the part 63 General Provisions would apply to a new area source.

D. What is our rationale for selecting the proposed standards for 
primary zinc production area sources?

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

[[Page 59316]]

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

[[Page 59317]]

performance of baghouses at new area sources. These systems can be 
incorporated into the design and operation for new sources and would 
not require retrofitting or duplicative monitoring as would be the case 
if they were applied to existing sources.
    The part 63 General Provisions are necessary for effective 
application of the standard to existing sources and are therefore 
incorporated into the proposed rule. We would require that the plants 
comply with the initial notification requirements in 40 CFR 63.9. The 
initial notification requirements would be supplemented by other 
reporting requirements that include notification of any deviation and 
semiannual monitoring reports, along with recordkeeping requirements 
for baghouse maintenance, monitoring data, and other supporting 
information.
    Section 63.6(e)(3)(ix) of the General Provisions requires that the 
title V permit for a source include provisions for an SSM plan. Because 
permit information for the existing facilities do not identify 
requirements for an SSM plan, the proposed NESHAP require the owner or 
operator of an existing area source to comply with the SSM requirements 
in 40 CFR 63.6(e)(3). According to 40 CFR 63.6(e)(3), the permit may 
fulfill this requirement by citing the relevant paragraphs of 40 CFR 
63.6(e). Revisions made to the plan do not constitute permit revisions 
and the elements of the plan are not applicable requirements under 40 
CFR 70.2 and 71.2.
    The part 63 General Provisions are necessary for effective 
application of the standard for new area sources and are, therefore, 
incorporated into the proposed rule. For new area sources, we are 
proposing to apply the notification, testing, monitoring, operation and 
maintenance, recordkeeping, and reporting requirements in the part 63 
General Provisions. These requirements are sufficient to ensure 
compliance with the proposed emissions limit and work practice 
standards.

E. What is primary beryllium production and what HAP are emitted?

    In the primary beryllium production process, the ores bertrandite 
and beryl are converted to a beryllium sulfate and processed into 
beryllium hydroxide at the mine site. A primary beryllium production 
facility processes the beryllium hydroxide to form metallic beryllium, 
beryllium alloy, and/or beryllium oxide.
    Primary beryllium production processes differ according to the end 
product (i.e., metallic beryllium, beryllium oxide, alloys). For 
metallic beryllium, the beryllium hydroxide is first dissolved in an 
ammonia-fluoride solution. The solution is neutralized, heated to 
remove aluminum, and filtered. The solution is then crystallized; using 
centrifugation and light washing, the crystals are continuously removed 
and remaining solution is sent to an evaporator. The crystals (ammonium 
fluoroberyllate) are charged into furnaces where they are decomposed to 
beryllium fluoride and ammonium fluoride. The ammonium fluoride is 
recycled to the process, and the molten beryllium fluoride is removed 
from the furnace and solidified; magnesium is added to facilitate 
reduction. The mixture is heated, causing beryllium to separate and 
float on top of the slag. Both the beryllium and slag are poured into a 
graphite pot to solidify. Afterwards, the product undergoes crushing 
and water leaching in a ball mill. The resulting beryllium pebbles 
contain 98 percent beryllium along with slag and unreacted magnesium. 
Impurities are removed by melting the pebbles in induction furnaces 
under vacuum. Excess magnesium and beryllium fluoride from the slag 
vaporize and are collected in filters. Nonvolatiles, such as beryllium 
oxide and magnesium fluoride, separate from the metal as dross by 
adhering to the bottom of the crucibles. The purified metal is then 
poured and cast into ingots.
    To make beryllium oxide, the beryllium hydroxide is dissolved in 
water and sulfuric acid, resulting in a beryllium sulfate solution. The 
solution is filtered, evaporated, and crystallized. The crystals are 
separated and the beryllium sulfate is calcined in furnaces to produce 
beryllium oxide. To make beryllium-copper master alloys, beryllium 
hydroxide, electrolytic copper, and carbon are melted in an electric 
arc furnace. The alloy is then melted and cast into ingots. The master 
alloy ingots are re-melted with additional copper and other elements to 
produce alloys with the desired metallic characteristics.
    The Toxics Release Inventory indicates that the metal HAP emitted 
from beryllium production processes include primarily beryllium with 
lower levels of the urban HAP nickel and lead. HAP metals are emitted 
from the high temperature furnaces that melt and process beryllium 
compounds and those that are used for producing beryllium alloys. These 
furnaces include fluoride decomposition furnaces that produce beryllium 
fluoride from crystals of ammonium fluoroberyllate, reduction furnaces 
that process beryllium fluoride to produce beryllium metal that is 
subsequently processed into pebbles, vacuum induction furnaces used to 
purify the beryllium pebbles, furnaces that calcine beryllium sulfate 
to produce beryllium oxide, and electric arc furnaces used to produce 
beryllium alloys such as beryllium-copper master alloys. Baghouses 
(some in combination with high efficiency particulate air filters) and 
scrubbers are used to control emissions of PM and HAP metals from these 
furnaces.

F. What are the proposed requirements for primary beryllium production 
area sources?

1. Applicability and Compliance Dates
    We are proposing to adopt as GACT for beryllium production area 
sources all of the requirements in the National Emission Standard for 
Beryllium at 40 CFR part 61, subpart C. Because any existing area 
source would have already been operating in accordance with the part 61 
standard, we are proposing that the owner or operator of an existing 
source comply with the area source NESHAP by [DATE OF PUBLICATION OF 
THE FINAL RULE IN THE Federal Register]. The owner or operator of a new 
area source would be required to comply by [DATE OF PUBLICATION OF THE 
FINAL RULE IN THE Federal Register] or at startup, whichever is later.
2. Emissions Limits
    We are proposing to adopt the part 61, subpart C standard as the 
area source NESHAP for both new and existing primary beryllium 
production facilities. The part 61, subpart C standard limits emissions 
from extraction plants (i.e., primary beryllium production facilities) 
to 10 grams (0.022 lb) of beryllium over a 24-hour period. 
Alternatively, the owner or operator of a beryllium production facility 
may request to meet an ambient concentration limit instead of the 
emissions limit.
3. Compliance Requirements
    We are proposing to include in the proposed NESHAP the testing, 
monitoring, recordkeeping, and reporting requirements in 40 CFR part 
61, subpart C. The owner or operator would be required to conduct a 
performance test using EPA Method 103 or 104 (40 CFR part 61, appendix 
B) to demonstrate initial compliance with the emissions limit. The 
proposed NESHAP would not allow any changes, which could potentially 
increase emissions above the level determined in the most recent 
performance test until a new emissions test has been estimated by 
calculation and reported to EPA. An

[[Page 59318]]

owner or operator subject to the ambient concentration limit must 
operate air sampling sites to continuously monitor the concentrations 
of beryllium in the ambient air according to an EPA-approved plan. The 
owner or operator must comply with recordkeeping requirements in the 
proposed NESHAP and the testing, monitoring, recordkeeping, and 
reporting requirements in the part 61 General Provisions in 40 CFR part 
61, subpart A. We are also proposing that the owner or operator comply 
with certain requirements in the part 63 General Provisions in 40 CFR 
part 63, subpart A, including the requirements for SSM plans and 
reports in 40 CFR 63.6(e)(3). We have explicitly identified in the 
proposed NESHAP the applicable General Provisions of both 40 CFR parts 
61 and 63.

G. What is our rationale for selecting the proposed standards for 
primary beryllium area sources?

1. Selection of Pollutants
    The major metal HAP reported by the only primary beryllium plant 
when it was operating its primary beryllium process was beryllium. 
Nickel and lead, which are urban HAP, were the only other metal HAP 
reported (at much smaller quantities than beryllium). Each of these 
metal HAP are components of PM, and the PM emission controls installed 
for beryllium control other metal HAP in the PM. Consequently, we chose 
to use beryllium as a surrogate for all of the HAP metal in the PM. The 
emissions limits for beryllium and the PM controls installed to meet 
the limits will ensure that all HAP metals in the PM from primary 
beryllium processes are well controlled.
2. Selection of Proposed Standards
    Currently no primary beryllium production facilities operate in the 
U.S. In recent years, there has been only one U.S. producer, and this 
facility shutdown all primary beryllium operations in June 2000. This 
plant was a major source due to emissions of tetrachloroethylene. In 
the event this plant restarted the primary beryllium production 
operation, the plant would probably continue to be a major source 
rather than an area source due to emissions of tetrachloroethylene. 
Although all area source primary beryllium production facilities that 
previously existed have ceased to operate, we do not have information 
that would suggest that beryllium production cannot be restarted at 
these facilities. Therefore, we see a need to establish standards for 
existing sources in the proposed rule to regulate any previously 
existing source that may restart its beryllium production. Similarly, 
we do not have any information that would suggest that there are 
unlikely to be any new area source production facilities. Therefore, we 
also need to establish standards for new sources.
    We are proposing to adopt the part 61, subpart C standard as the 
NESHAP for the primary beryllium production area source category. The 
part 61, subpart C standard, which applies to new and existing major 
and area sources, is a stringent and effective air emissions 
regulation. As a result of the part 61, subpart C standard, the last 
primary beryllium production facility in the U.S. was highly effective 
in controlling beryllium, PM, and metal HAP emissions. As shown in this 
facility, to meet the part 61, subpart C standard, beryllium processing 
operations were controlled using multiple air cleaning systems that 
were also highly effective in controlling emissions of PM and HAP 
metals. For example, beryllium oxide furnaces were controlled by 
baghouses, packed tower scrubbers and demisters; alloy induction 
furnaces were controlled by baghouses and cartridge filters; reduction 
furnaces were controlled by wet cyclones and venturi scrubbers; and 
vacuum casting was controlled by cyclones, baghouses, and cartridge 
filters. The highly effective control of beryllium, PM, and metal HAP 
emissions at this last facility indicates that the part 61, subpart C 
emissions limits are effective as well as feasible. Although that 
facility was a major source, we have no reason to believe that such 
control is not appropriate for an area source. The fact that the part 
61, subpart C standard already applies to both major and area sources 
suggest that they are appropriate for area sources as well. Therefore, 
we have determined that the emissions limits in the part 61, subpart C 
standard represents GACT for new and existing beryllium production area 
sources.
3. Selection of Proposed Compliance Requirements
    We have reviewed the performance test and monitoring requirements 
in the part 61, subpart C standard and reconfirmed their adequacy and 
propriety for ensuring compliance with the proposed emission limits. 
Therefore, we are including the part 61, subpart C performance test and 
monitoring requirements in the proposed rule.
    The General Provisions applicable to the subpart C standard (40 CFR 
part 61, subpart A), are necessary for effective application of the 
subpart C standard and are therefore incorporated into the proposed 
rule as well. We are also incorporating certain provisions in the 
General Provisions of part 63, subpart A to address aspects of the 
proposed rule not covered by the part 61 General Provisions. 
Specifically, we need to incorporate certain provisions in 40 CFR 63.1 
and 63.5 that delineate applicability, construction, and 
reconstruction. However, we are not applying provisions within 40 CFR 
63.1 and 63.5 that are already covered by part 61 General Provisions. 
We are proposing to apply the provisions in 40 CFR 63.1(a) except for 
the provisions in 40 CFR 63.1(a)(11) and (12) regarding notices, time 
periods, and postmarks; 40 CFR 63.1(b) except paragraph (b)(3); 40 CFR 
63.1(c); 40 CFR 63.1(e); and 40 CFR 63.5 except for the references to 
40 CFR 63.6 for compliance procedures and the references to 40 CFR 63.9 
for notification procedures.
    Because the part 61 General Provisions do not include requirements 
for SSM plans and reports, we are also proposing to require the owner 
or operator of a new or existing area source to comply with the 
requirements in 40 CFR 63.6(e)(3). According to 40 CFR 63.6(e)(3), the 
permit may fulfill this requirement by citing the relevant paragraphs 
of 40 CFR 63.6(e). Revisions made to the plan do not constitute permit 
revisions and the elements of the plan are not applicable requirements 
under 40 CFR 70.2 and 71.2.

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 
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 proposed NESHAP for Polyvinyl and Copolymers Production Area 
Sources do not impose any new information collection burden. New and 
existing plants that are area sources would be required to comply with 
the same testing, monitoring, reporting, and recordkeeping requirements 
as those in the National Emission Standards for Vinyl Chloride (40 CFR 
part 61, subpart F), to which these area sources are currently subject, 
and the information collection requirements in the part 61

[[Page 59319]]

NESHAP General Provisions (40 CFR part 61, subpart A), which are 
incorporated into the proposed NESHAP. The OMB has previously approved 
the information collection requirements in 40 CFR part 61, subpart F, 
under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et 
seq. and has assigned OMB control number 2060-0071, EPA Information 
Collection Request (ICR) number 0186.10.
    A copy of the OMB-approved ICR for the National Emission Standards 
for Vinyl Chloride and Beryllium may be obtained from Susan Auby, 
Collection Strategies Division, U.S. EPA (2822T), 1200 Pennsylvania 
Ave., NW., Washington, DC 20460, by e-mail at auby.susan@epa.gov, or by 
calling (202) 566-1672.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, 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.
    The proposed requirements for primary beryllium production 
facilities in the proposed NESHAP for Primary Nonferrous Metals Area 
Sources do not impose any new information collection burden. New and 
existing plants that are area sources would be required to comply with 
the same testing, monitoring, recordkeeping, and reporting requirements 
as those in the National Emission Standards for Beryllium (40 CFR part 
61, subpart C), to which these area sources are currently subject, and 
the information collection requirements in the part 61 General 
Provisions (40 CFR part 61, subpart A), which are incorporated into the 
proposed NESHAP for these sources. The OMB has previously approved 
these information collection requirements in 40 CFR part 61, subpart C, 
under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et 
seq. and has assigned OMB control number 2060-0092, EPA ICR number 
0193.08.
    A copy of the OMB-approved ICR for the National Emission Standards 
for Vinyl Chloride and Beryllium may be obtained from Susan Auby, 
Collection Strategies Division, U.S. EPA (2822T), 1200 Pennsylvania 
Ave., NW., Washington, DC 20460, by e-mail at auby.susan@epa.gov, or by 
calling (202) 566-1672.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, 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.
    The information requirements in the proposed NESHAP for Polyvinyl 
Chloride and Copolymers Production Area Sources, Primary Copper 
Smelting Area Sources, Secondary Copper Smelting Area Sources, and 
Primary Nonferrous Metals-Zinc, Cadmium, and Beryllium Area Sources 
have been submitted for approval to OMB under the Paperwork Reduction 
Act, 44 U.S.C. 3501 et seq. The ICR document prepared by EPA has been 
assigned EPA ICR number 2240.01.
    The proposed information collection requirements are based on the 
current title V permitting requirements for existing sources and the 
information collection requirements in the part 63 General Provisions 
(40 CFR part 63, subpart A), most of which are incorporated into the 
proposed NESHAP for new sources. The ICR document includes the burden 
estimates for all applicable General Provisions. 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 CAA section 114(c) 
and the Agency's implementing regulations at 40 CFR part 2, subpart B.
    The PM testing, monitoring, recordkeeping, and reporting 
requirements with which existing primary copper smelting and primary 
zinc smelting area sources would be required to comply under the 
proposed NESHAP are the same as the requirements that are in these 
facilities' current title V operating permits. The only new information 
collection requirements that would apply to these area sources would 
consist of initial notifications and SSM plan, reporting, and 
recordkeeping requirements. Any new primary zinc production facility, 
primary copper smelter, or secondary copper smelter area source would 
be subject to all information collection requirements in the part 63 
General Provisions.
    The annual burden for this information collection averaged over the 
first 3 years of this ICR is estimated to total 9 labor hours per year 
at a cost of $771 for the one existing primary copper smelting area 
source and 18.5 labor hours per year at a cost of $1,566 for the two 
existing primary zinc smelting area sources. No capital/startup costs 
or operation and maintenance costs are associated with the proposed 
requirements. No costs or burden hours are estimated for new primary 
copper smelters, secondary copper smelters, or primary zinc production 
area sources because no new sources are estimated during the 3-year 
period of the ICR. No new sources have been constructed in more than 10 
years, no new construction has been announced, and we have no 
indication there will be any new sources in the next 3 years.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, 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.

[[Page 59320]]

    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.
    To comment on the Agency's need for this information, the accuracy 
of the provided burden estimates, and any suggested methods for 
minimizing respondent burden, including the use of automated collection 
techniques, EPA has established a public docket for this action, which 
includes this ICR, under Docket ID number EPA-HQ-OAR-2006-0510. Submit 
any comments related to the ICR for the proposed rules to EPA and OMB. 
See ADDRESSES section at the beginning of this notice for where to 
submit comments to EPA. Send comments to OMB at the Office of 
Information and Regulatory Affairs, Office of Management and Budget, 
725 17th Street NW., Washington, DC 20503, Attention: Desk Officer for 
EPA. Since OMB is required to make a decision concerning the ICR 
between 30 and 60 days after October 6, 2006, a comment to OMB is best 
assured of having its full effect if OMB receives it by November 6, 
2006. The final rule will respond to any OMB or public comments on the 
information collection requirements contained in this proposal.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) 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 proposed area 
source NESHAP on small entities, small entity is defined as: (1) A 
small business that meets the Small Business Administration size 
standards for small businesses found at 13 CFR 121.201 (less than 1,000 
employees for primary copper smelting and less than 750 employees for 
PVC and copolymers production, secondary copper smelting, and primary 
nonferrous metals manufacturing); (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 the proposed rules on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. There would 
not be adverse impacts on existing area sources of PVC and copolymer 
production facilities, primary copper smelters, and non-ferrous metal 
production facilities because the proposed rules do not create any new 
requirements or burdens other than minimal notification requirements 
for existing sources. There would be no adverse impacts on existing 
secondary copper area sources because there are no existing sources in 
the category. Although the proposed NESHAP contain emission control 
requirements for new area sources in all four source categories, we are 
not aware of any new sources being constructed now or planned in the 
near future, and consequently, we did not estimate any impacts for new 
sources.
    We continue to be interested in the potential impacts of the 
proposed action on small entities and welcome comments on issues 
related to such impacts.

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 
1 year. Before promulgating an EPA rule for which a written statement 
is needed, section 205 of the UMRA generally requires EPA to identify 
and consider a reasonable number of regulatory alternatives and adopt 
the least costly, most cost-effective, or least burdensome alternative 
that achieves the objectives of the rule. The provisions of section 205 
do not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective, or least burdensome alternative if the 
Administrator publishes with the final rule an explanation why that 
alternative was not adopted. Before EPA establishes any regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal governments, it must have developed under 
section 203 of the UMRA a small government agency plan. The plan must 
provide for notifying potentially affected small governments, enabling 
officials of affected small governments to have meaningful and timely 
input in the development of EPA regulatory proposals with significant 
Federal intergovernmental mandates, and informing, educating, and 
advising small governments on compliance with the regulatory 
requirements.
    EPA has determined that the proposed 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 the private 
sector in any one year. As discussed earlier in this preamble, the 
estimated expenditures for the private sector in any 1 year are less 
than $2,500. Thus, the proposed rules are not subject to the 
requirements of sections 202 and 205 of the UMRA. In addition, the 
proposed rules do not significantly or uniquely affect small 
governments. The proposed rules contain no requirements that apply to 
such governments, impose no obligations upon them, and would not result 
in expenditures by them of $100 million or more in any one year or any 
disproportionate impacts on them. Therefore, the proposed rules are not 
subject to section 203 of the UMRA.

E. Executive Order 13132: Federalism

    Executive Order 13132 (64 FR 43255, August 10, 1999) requires EPA 
to develop an accountable process to ensure ``meaningful and timely 
input by State and local officials in the development of regulatory 
policies that have federalism implications.'' ``Policies that have 
federalism implications'' 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.''
    The proposed rules do not have federalism implications. They would 
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. The proposed 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 the proposed rules.

[[Page 59321]]

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 ensure ``meaningful and timely 
input by tribal officials in the development of regulatory policies 
that have tribal implications.'' The proposed rules do not have tribal 
implications, as specified in Executive Order 13175. They would 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. 
The proposed rules impose requirements on owners and operators of 
specified area sources and not tribal governments. Thus, Executive 
Order 13175 does not apply to the proposed rules.

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

    Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any 
rule that: (1) is determined to be ``economically significant,'' as 
defined under Executive Order 12866, and (2) concerns an environmental 
health or safety risk that EPA has reason to believe may have a 
disproportionate effect on children. If the regulatory action meets 
both criteria, 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. The proposed rules are not 
subject to the Executive Order. They are based on control technology 
and not on health or safety risks.

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

    The proposed rules are not a ``significant energy action'' 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 energy. Further, we have concluded that these 
proposed rules are not likely to have any adverse energy effects 
because energy requirements would remain at existing levels. No 
additional pollution controls or other equipment that would consume 
energy are required by the proposed rules.

I. National Technology Transfer Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act (NTTAA) of 1995 (Pub. L. 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.
    The proposed rules involve technical standards. The EPA cites the 
following standards: EPA Methods 1, 1A, 2, 2A, 2C, 2D, 2F, 2G, 3, 3A, 
3B, 4, 5, 5D, and 9 in 40 CFR part 60, appendix A; and Performance 
Specification (PS) 1 and 11 in 40 CFR part 60, appendix B. Consistent 
with the NTTAA, EPA conducted searches to identify voluntary consensus 
standards in addition to these EPA methods. No applicable VCS were 
identified for EPA Methods 1A, 2A, 2D, 2F, 2G, 5D or 9. The search and 
review results are in the docket for this rule.
    The search identified one VCS as an acceptable alternative to EPA 
Method 3B. The method ASME PTC 19.10-1981, ``Flue and Exhaust Gas 
Analyses,'' (incorporated by reference-see 40 CFR 63.14) 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 standard ASTM D6216 (1998), ``Standard Practice for Opacity 
Monitor Manufacturers to Certify Conformance with Design and 
Performance Specifications,'' was designated an acceptable alternative 
for the design specifications given in EPA's PS-1 (promulgated in March 
1983). As a result, EPA incorporated ASTM D6216-98 by reference into 
PS-1 as the design specifications for opacity monitors in August 2000.
    The search for emissions measurement procedures identified 13 other 
VCS. The EPA determined that these 13 standards identified for 
measuring emissions of the HAP or surrogates subject to emission 
standards in this proposed rule were impractical alternatives to EPA 
test methods. Therefore, EPA does not intend to adopt these standards 
for this purpose. The reasons for the determinations for the 13 methods 
are in the docket for this proposed rule.
    For the methods required or referenced by the proposed rules, 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 under Sec.  63.7(f) 
and Sec.  63.8(f) of subpart A of the General Provisions.

List of Subjects in 40 CFR Part 63

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

    Dated: September 27, 2006.
Stephen L. Johnson,
Administrator.
    For the reasons stated in the preamble, title 40, chapter I, part 
63 of the Code of Federal Regulations is proposed to be amended as 
follows:

PART 63--[AMENDED]

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

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

Subpart A--[AMENDED]

    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), 63.11155(e)(3), 11162(f)(3)(iii) and (f)(4), 
11163(g)(1)(iii) and (g)(2), and Table 5 of subpart DDDDD of this part.
* * * * *
    3. Part 63 is amended by adding subpart DDDDDD to read as follows:

Subpart DDDDDD--National Emission Standards for Hazardous Air 
Pollutants for Polyvinyl Chloride and Copolymers Production Area 
Sources

Sec.

Applicability and Compliance Dates

63.11140 Am I subject to this subpart?

[[Page 59322]]

63.11141 What are my compliance dates?

Standards and Compliance Requirements

63.11142 What are the standards and compliance requirements for new 
and existing sources?

Other Requirements and Information

63.11143 What General Provisions apply to this subpart?
63.11144 What definitions apply to this subpart?
63.11145 Who implements and enforces this subpart?

Applicability and Compliance Dates


Sec.  63.11140  Am I subject to this subpart?

    (a) You are subject to this subpart if you own or operate a plant 
specified in 40 CFR 61.61(c) that produces polyvinyl chloride (PVC) or 
copolymers and is an area source of hazardous air pollutant (HAP) 
emissions. Your plant is an area source if it does not emit and does 
not have the potential to emit either 10 tons per year (tpy) or more of 
any single HAP or 25 tpy or more of any combination of HAP.
    (b) This subpart applies to each new or existing affected source. 
The affected source is the collection of all equipment and activities 
in vinyl chloride service necessary to produce PVC and copolymers. An 
affected source does not include portions of your PVC and copolymers 
production operations that meet the criteria in 40 CFR 61.60(b) or (c).
    (1) An affected source is existing if you commenced construction or 
reconstruction of the affected source before October 6, 2006.
    (2) An affected source is new if you commenced construction or 
reconstruction of the affected source on or after October 6, 2006.
    (c) This subpart does not apply to research and development 
facilities, as defined in section 112(c)(7) of the Clean Air Act (CAA).
    (d) You are exempt from the obligation to obtain a permit under 40 
CFR part 70 or 40 CFR part 71, provided you are not otherwise required 
by law to obtain a permit under 40 CFR 70.3(a) or 40 CFR 71.3(a). 
Notwithstanding the previous sentence, you must continue to comply with 
the provisions of this subpart.


Sec.  63.11141  What are my compliance dates?

    (a) If you own or operate an existing affected source, you must 
achieve compliance with the applicable provisions in this subpart by 
[DATE OF PUBLICATION OF FINAL RULE IN THE Federal Register].
    (b) If you own or operate a new affected source, you must achieve 
compliance with the applicable provisions in this subpart by the dates 
in paragraphs (b)(1) and (2) of this section.
    (1) If you startup a new affected source on or before [DATE OF 
PUBLICATION OF FINAL RULE IN THE Federal Register], you must achieve 
compliance with the applicable provisions in this subpart not later 
than [DATE OF PUBLICATION OF FINAL RULE IN THE Federal Register].
    (2) If you startup a new affected source after [DATE OF PUBLICATION 
OF FINAL RULE IN THE Federal Register], you must achieve compliance 
with the provisions in this subpart upon startup of your affected 
source.

Standards and Compliance Requirements


Sec.  63.11142  What are the standards and compliance requirements for 
new and existing sources?

    You must meet all the requirements in 40 CFR part 61, subpart F, 
except for 40 CFR 61.62 and 40 CFR 61.63.

Other Requirements and Information


Sec.  63.11143  What General Provisions apply to this subpart?

    (a) All the provisions in 40 CFR part 61, subpart A, apply to this 
subpart.
    (b) The provisions in 40 CFR part 63, subpart A, applicable to this 
subpart are specified in paragraphs (b)(1) through (4) of this section.
    (1) Section 63.1(a)(1) through (10).
    (2) Section 63.1(b) except paragraph (b)(3), Sec.  63.1(c), and 
(e).
    (3) Section 63.5 (preconstruction review and notification 
requirements) except for the references to Sec.  63.6 (compliance with 
standards and maintenance requirements) procedures and the references 
to Sec.  63.9 (notification requirements).
    (4) Section 63.6(e)(3) except for Sec.  63.6(e)(3)(ix).


Sec.  63.11144  What definitions apply to this subpart?

    The terms used in this subpart are defined in the CAA; 40 CFR 
61.02; 40 CFR 61.61; and Sec.  63.2 for terms used in the applicable 
provisions of part 63, subpart A, as specified in Sec.  63.11143(b).


Sec.  63.11145  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 a State, local, or tribal agency. If the 
U.S. EPA Administrator has delegated authority to a 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 a State, local, or tribal 
agency within your State.
    (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 approval 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 an alternative means of emission limitation under 
40 CFR 61.12(d).
    (2) Approval of a major change to test methods under 40 CFR 
61.13(h). A ``major change to test method'' is defined in Sec.  63.90.
    (3) Approval of a major change to monitoring under 40 CFR 61.14(g). 
A ``major change to monitoring'' is defined in Sec.  63.90.
    (4) Approval of a major change to recordkeeping/reporting under 40 
CFR 61.10. A ``major change to recordkeeping/reporting'' is defined in 
Sec.  63.90.
    4. Part 63 is amended by adding subpart EEEEEE to read as follows:

Subpart EEEEEE--National Emission Standards for Hazardous Air 
Pollutants for Primary Copper Smelting Area Sources

Sec.

Applicability and Compliance Dates

63.11146 Am I subject to this subpart?
63.11147 What are my compliance dates?

Standards and Compliance Requirements

63.11148 What are the standards and compliance requirements for 
existing sources?
63.11149 What are the standards and compliance requirements for new 
sources?

Other Requirements and Information

63.11150 What General Provisions apply to this subpart?
63.11151 What definitions apply to this subpart?
63.11152 Who implements and enforces this subpart?

Tables to Subpart EEEEEE of Part 63

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

Applicability and Compliance Dates


Sec.  63.11146  Am I subject to this subpart?

    (a) You are subject to this subpart if you own or operate a primary 
copper smelter that is an area source of hazardous air pollutant (HAP) 
emissions. Your primary copper smelter is an area source if it does not 
emit and does not have the potential to emit

[[Page 59323]]

either 10 tons per year (tpy) or more of any single HAP or 25 tpy or 
more of any combination of HAP.
    (b) This subpart applies to each new or existing affected source. 
The affected source is each primary copper smelter.
    (1) An affected source is existing if you commenced construction or 
reconstruction of the affected source before October 6, 2006.
    (2) An affected source is new if you commenced construction or 
reconstruction of the affected source on or after October 6, 2006.
    (c) This subpart does not apply to research and development 
facilities, as defined in section 112(c)(7) of the Clean Air Act (CAA).
    (d) 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.  63.11147  What are my compliance dates?

    (a) If you own or operate an existing affected source, you must 
achieve compliance with the applicable provisions of this subpart by 
[DATE OF PUBLICATION OF FINAL RULE IN THE Federal Register].
    (b) If you own or operate a new affected source, you must achieve 
compliance with the applicable provisions of this subpart by the dates 
in paragraphs (b)(1) and (2) of this section.
    (1) If you startup a new affected source on or before [DATE OF 
PUBLICATION OF FINAL RULE IN THE Federal Register], you must achieve 
compliance with the applicable provisions of this subpart not later 
than [DATE OF PUBLICATION OF FINAL RULE IN THE Federal Register].
    (2) If you startup a new affected source after [DATE OF PUBLICATION 
OF FINAL RULE IN THE Federal Register], you must achieve compliance 
with the applicable provisions of this subpart upon startup of your 
affected source.

Standards and Compliance Requirements


Sec.  63.11148  What are the standards and compliance requirements for 
existing sources?

    (a) You must not discharge to the atmosphere through any 
combination of stacks or other vents captured process exhaust gases 
from the copper concentrate dryers, smelting vessels, converting 
vessels, matte drying and grinding plants, secondary gas systems, and 
anode refining and casting department that contain total particulate 
matter (PM) in excess of 89.5 pounds per hour (24-hour average).
    (b) For each smelting vessel and converting vessel at your primary 
copper smelter, you must operate a secondary gas system that collects 
the gases and fumes released during the molten material transfer 
operations and conveys the collected gas stream to a control device.
    (c) For operations in the anode refining and casting department at 
your primary copper smelter, you must meet the requirements in 
paragraphs (c)(1) and (2) of this section.
    (1) For each vessel used to refine blister copper, remelt anode 
copper or anode scrap, or hold molten anode copper, you must collect 
the gases and fumes vented from the vessel and convey the collected gas 
stream to a control device.
    (2) For each anode casting wheel, you must collect gases and fumes 
vented when casting molten anode copper and convey the collected gas 
stream to a control device.
    (d) You must operate a continuous emissions monitoring system 
(CEMS) to measure and record PM concentrations and gas stream flow 
rates for the exhaust gases discharged to the atmosphere from each 
emissions source subject to the emissions limit in paragraph (a) of 
this section. A single PM CEMS may be used for the combined exhaust gas 
streams at a point before the gases are discharged to the atmosphere. 
Measured results must be expressed as pounds of PM emitted per hour 
calculated at the end of each calendar day for the preceding 24-hour 
period. Collected PM CEMS data must be made available for inspection on 
a daily basis.
    (e) You must demonstrate initial compliance with the PM emissions 
limit in paragraph (a) of this section based on the results of a 24-
hour average from the PM CEMS. You may certify initial compliance with 
the PM emissions limit based on the results of sampling conducted 
during the previous month.
    (f) You must submit to the permitting authority by the 20th day of 
each month a summary of the 24-hour averages for the previous month.
    (g) You must submit written notification to the permitting 
authority of any deviation from the requirements of this subpart, 
including those attributable to upset conditions, the probable cause of 
such deviations, and any corrective actions or preventative measures 
taken. You must submit this notification within 14 days of the date the 
deviation occurred.
    (h) You must submit semiannual monitoring reports to your 
permitting authority. All instances of deviations from the requirements 
of this subpart must be clearly identified in the reports.
    (i) You must retain records of all required monitoring data and 
support information. Support information includes all calibration and 
maintenance records, all original strip charts or appropriate 
recordings for continuous monitoring instrumentation, and copies of all 
reports required by this subpart. For all monitoring requirements, the 
owner or operator must record the following information, where 
applicable:
    (1) The date, place, and time of sampling or measurement, the date 
analyses were performed, the company or entity that performed the 
analyses, the analytical techniques or methods used, the results of 
such analyses, and the operating conditions existing at the time of 
sampling or measurement.
    (2) Records of activities performed to assure proper operation and 
maintenance of air emissions control systems and monitoring systems or 
devices.


Sec.  63.11149  What are the standards and compliance requirements for 
new sources?

    (a) You must not discharge to the atmosphere through any 
combination of stacks or other vents process exhaust gases from the 
copper concentrate dryers, smelting vessels, converting vessels, matte 
drying and grinding plants, secondary gas systems, and anode refining 
and casting department that contain total PM in excess of 0.6 pound per 
ton of copper concentrate feed charged to the smelting vessel (24-hour 
average).
    (b) For each smelting vessel and converting vessel at your primary 
copper smelter, you must operate a secondary gas system that collects 
the gases and fumes released during molten material transfer operations 
and convey the collected gas stream to a control device.
    (c) For operations in the anode refining and casting department at 
your primary copper smelter, you must meet the requirements in 
paragraphs (c)(1) and (2) of this section.
    (1) For each vessel used to refine blister copper, remelt anode 
copper or anode scrap, or hold molten anode copper, you must collect 
the gases and fumes vented from the vessel and convey the collected gas 
stream to a control device.
    (2) For each anode casting wheel, you must collect gases and fumes 
vented when casting molten anode copper and convey the collected gas 
stream to a control device.
    (d) You must install, operate, and maintain a PM CEMS to measure 
and record PM concentrations and gas stream flow rates for the exhaust 
gases

[[Page 59324]]

discharged to the atmosphere from each emissions source subject to the 
emissions limit in paragraph (a) of this section. You must also 
install, operate, and maintain a weight measurement system to measure 
and record the weight of the copper concentrate feed charged to the 
smelting furnace on a daily basis. A single PM CEMS may be used for the 
combined exhaust gas streams at a point before the gases are discharged 
to the atmosphere. For each PM CEMS used to comply with this paragraph, 
you must meet the requirements specified in paragraphs (d)(1) through 
(3) of this section.
    (1) You must install, certify, operate, and maintain the PM CEMS 
according to the applicable specification and testing requirements of 
EPA Performance Specification 11 in 40 CFR part 60, appendix B, and the 
quality assurance requirements of Procedure 2 in 40 CFR part 60, 
appendix F.
    (2) You must conduct an initial performance evaluation of the PM 
CEMS according to the requirements of Performance Specification 11 in 
40 CFR part 60, appendix B. Thereafter, you must perform the 
performance evaluations as required by Procedure 2 in 40 CFR part 60, 
appendix F.
    (3) You must perform quarterly accuracy determinations and daily 
calibration drift tests for the PM CEMS according to Procedure 2 in 40 
CFR part 60, appendix F.
    (e) To demonstrate compliance with the PM emissions limit in 
paragraph (a) of this section, you must continuously monitor and record 
PM emissions, determine and record the daily (24-hour) value for each 
day, and calculate and record the daily average pounds of total PM per 
ton of copper concentrate feed charged to the smelting furnace. The 
daily average must be calculated at the end of each calendar day for 
the preceding 24-hour period. You must maintain records of the 
calculations of daily averages with supporting information and data, 
including measurements of the weight of copper concentrate feed charged 
to the smelting vessel. Collected PM CEMS data must be made available 
for inspection on a daily basis.
    (f) You must demonstrate initial compliance with the emissions 
limit in paragraph (a) of this section using the procedures in 
paragraph (e) of this section. You must complete this initial 
compliance demonstration within 180 days after startup and report the 
results in your notification of compliance status no later than 30 days 
after the end of the compliance demonstration.
    (g) You must submit to the permitting authority by the 20th day of 
each month a summary of the daily average PM per ton of copper 
concentrate feed charged to the smelting vessel for the previous month.

Other Requirements and Information


63.11150  What General Provisions apply to this subpart?

    (a) If you own or operate an existing or new affected source, you 
must comply with the requirements of the General Provisions (40 CFR 
part 63, subpart A) as specified in Table 1 to this subpart and 
paragraphs (a)(1) through (4) of this section.
    (1) If you own or operate an existing affected source and you 
certify initial compliance with the PM emissions limit in Sec.  
63.11148(a) based on monitoring data from the previous month, your 
notification of compliance status required by Sec.  63.9(h) must 
include this certification of compliance, signed by a responsible 
official: ``This facility complies with the PM emissions limit in Sec.  
63.11148(a) based on monitoring data that were collected during the 
previous month.''
    (2) If you conduct a new performance test to demonstrate initial 
compliance with the PM emissions limit in Sec.  63.11148(a), your 
notification of compliance status required by Sec.  63.9(h) must 
include the results of the performance test, including required 
monitoring data.
    (3) Your notification of compliance status required by Sec.  
63.9(h) must include this certification of compliance, signed by a 
responsible official, for the work practice standard in Sec.  
63.11148(b): ``This facility complies with the requirement to operate a 
secondary gas system for each smelting vessel and converting vessel in 
accordance with Sec.  63.11148(b).''
    (4) Your notification of compliance status required by Sec.  
63.9(h) must include this certification of compliance, signed by a 
responsible official, for the work practice standard in Sec.  
63.11148(c): ``This facility complies with the requirement to capture 
gases from operations in the anode refining and casting department and 
duct them to a control device in accordance with Sec.  63.11148(c).''
    (b) If you own or operate a new affected source, you must comply 
with the requirements of the General Provisions (40 CFR part 63, 
subpart A) as specified in Table 1 to this subpart and paragraphs 
(b)(1) through (3) of this section.
    (1) Your notification of compliance status required by Sec.  
63.9(h) must include the results of the initial performance test and 
monitoring data collected during the test that demonstrate compliance 
with the emissions limit in Sec.  63.11149(a).
    (2) Your notification of compliance status required by Sec.  
63.9(h) must include this certification of compliance, signed by a 
responsible official, for the work practice standard in Sec.  
63.11149(b): ``This facility complies with the requirement to operate a 
secondary gas system for each smelting vessel and converting vessel in 
accordance with Sec.  63.11149(b).''
    (3) Your notification of compliance status required by Sec.  
63.9(h) must include this certification of compliance, signed by a 
responsible official, for the work practice standard in Sec.  
63.11149(c): ``This facility complies with the requirement to capture 
gases from operations in the anode refining and casting department and 
duct them to a control device in accordance with Sec.  63.11149(c).''


Sec.  63.11151  What definitions apply to this subpart?

    Terms used in this subpart are defined in the CAA, in 40 CFR 63.2, 
and in this section as follows:
    Anode refining and casting department means the area at a primary 
copper smelter in which anode copper refining and casting operations 
are performed. Emissions sources in the anode refining and casting 
department include anode refining furnaces, anode shaft furnaces, anode 
holding furnaces, and anode casting wheels.
    Capture system means the collection of components used to capture 
gases and fumes released from one or more emissions points and then 
convey the captured gas stream to a control device. A capture system 
may include, but is not limited to, the following components as 
applicable to a given capture system design: Duct intake devices, 
hoods, enclosures, ductwork, dampers, manifolds, plenums, and fans.
    Control device means air pollution control equipment used to remove 
PM from a gas stream.
    Converting vessel means a furnace, reactor, or other type of vessel 
in which copper matte is oxidized to form blister copper.
    Copper concentrate means copper ore that has been beneficiated or 
treated to remove waste and increase the copper content of the treated 
material.
    Copper concentrate dryer means a vessel in which copper 
concentrates are heated in the presence of air to reduce the moisture 
content of the material. Supplemental copper-bearing feed materials and 
fluxes may be added or mixed with the copper concentrates fed to a 
copper concentrate dryer.

[[Page 59325]]

    Copper concentrate feed means the mixture of copper concentrate, 
secondary copper-bearing materials, recycled slags and dusts, fluxes, 
and other materials blended together for feeding to the smelting 
vessel.
    Copper matte means a material predominately composed of copper and 
iron sulfides produced by smelting copper ore concentrates.
    Deviation means any instance in which an affected source subject to 
this subpart, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this 
subpart, including but not limited to any emissions limitation or work 
practice standard;
    (2) Fails to meet any term or condition that is adopted to 
implement an applicable requirement in this subpart and that is 
included in the operating permit for any affected source required to 
obtain such a permit; or
    (3) Fails to meet any emissions limitation or work practice 
standard in this subpart during startup, shutdown, or malfunction, 
regardless of whether or not such failure is permitted by this subpart.
    Matte drying and grinding plant means the area at a primary copper 
smelter in which wet granulated matte copper is ground in a mill, dried 
by blowing heated air through the mill, and then separated from the 
drying air stream using a control device such as a baghouse.
    Primary copper smelter means any installation or any intermediate 
process engaged in the production of copper from copper sulfide ore 
concentrates through the use of pyrometallurgical techniques.
    Responsible official means responsible official as defined at 40 
CFR 70.2.
    Secondary gas system means a capture system that collects the gases 
and fumes released when removing and transferring molten materials from 
smelting vessels and converting vessels using tapping ports, launders, 
and other openings in the vessels. Examples of molten material include, 
but are not limited to: copper matte, slag, and blister copper.
    Smelting vessel means a furnace, reactor, or other type of vessel 
in which copper ore concentrate and fluxes are melted to form a molten 
mass of material containing copper matte and slag. Other copper-bearing 
materials may also be charged to the smelting vessel.
    Work practice standard means any design, equipment, work practice, 
or operational standard, or combination thereof.


Sec.  63.11152  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 a State, local, or tribal agency. If 
the U.S. EPA Administrator has delegated authority to a 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 a State, local, or tribal 
agency within your State.
    (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 an alternative non-opacity emission standard under 
Sec.  63.6(g).
    (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.

Tables to Subpart EEEEEE of Part 63

    As required in Sec.  63.11150(a) and (b), you must comply with the 
requirements of the NESHAP General Provisions (40 CFR part 63, subpart 
A) as shown in the following table.

          Table 1 to Subpart EEEEEE of Part 63.--Applicability of General Provisions to Subpart EEEEEE
----------------------------------------------------------------------------------------------------------------
                                                                   Applies to Subpart
               Citation                         Subject                  EEEEEE?               Explanation
----------------------------------------------------------------------------------------------------------------
63.1(a)(1), (a)(2), (a)(3), (a)(4),    Applicability...........  Yes...................
 (a)(6), (a)(10)-(a)(12) (b)(1),
 (b)(3), (c)(1), (c)(2), (c)(5), (e).
63.1(a)(5), (a)(7)-(a)(9), (b)(2),     Reserved................  No....................
 (c)(3), (c)(4), (d).
63.2.................................  Definitions.............  Yes...................
63.3.................................  Units and Abbreviations.  Yes...................
63.4.................................  Prohibited Activities     Yes...................
                                        and Circumvention.
63.5.................................  Preconstruction Review    No....................
                                        and Notification
                                        Requirements.
63.6(a), (b)(1)-(b)(5), (b)(7),        Compliance with           Yes...................
 (c)(1), (c)(2), (c)(5), (e)(1),        Standards and
 (e)(3)(i), (e)(3)(iii)-(e)(3)(ix),     Maintenance
 (f), (g), (i), (j).                    Requirements.
63.6(b)(6), (c)(3), (c)(4), (d),       Reserved................  No....................
 (e)(2), (e)(3)(ii), (h)(3),
 (h)(5)(iv).
63.6(h)(1)-(h)(4), (h)(5)(i)-                                    No....................  Subpart EEEEEE does not
 (h)(5)(iii), (h)(6)-(h)(9).                                                              include opacity or
                                                                                          visible emissions
                                                                                          standards.
63.7(a), (e), (f), (g), (h)..........  Performance Testing       Yes...................
                                        Requirements.
63.7(b), (c).........................                            Yes/No................  Notification of
                                                                                          performance tests and
                                                                                          quality assurance
                                                                                          program apply to new
                                                                                          sources but not
                                                                                          existing sources.
63.8(a)(1), (a)(2), (b), (c), (f),     Monitoring Requirements.  Yes...................
 (g).
63.8(a)(3)...........................  Reserved................  No....................
63.8(a)(4)...........................                            No....................  Subpart EEEEEE does not
                                                                                          require flares.

[[Page 59326]]


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

    5. Part 63 is amended by adding subpart FFFFFF to read as follows:

Subpart FFFFFF--National Emission Standards for Hazardous Air 
Pollutants for Secondary Copper Smelting Area Sources

Sec.

Applicability and Compliance Dates

63.11153 Am I subject to this subpart?
63.11154 What are my compliance dates?

Standards and Compliance Requirements

63.11155 What are the standards and compliance requirements for new 
sources?
63.11156 [Reserved]

Other Requirements and Information

63.11157 What General Provisions apply to this subpart?
63.11158 What definitions apply to this subpart?
63.11159 Who implements and enforces this subpart?

Tables to Subpart FFFFFF of Part 63

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

Applicability and Compliance Dates


Sec.  63.11153  Am I subject to this subpart?

    (a) You are subject to this subpart if you own or operate a new 
secondary copper smelter that is an area source of hazardous air 
pollutant (HAP) emissions. Your secondary copper smelter is an area 
source if it does not emit and does not have the potential to emit 
either 10 tons per year (tpy) or more of any single HAP or 25 tpy or 
more of any combination of HAP.
    (b) This subpart applies to each new affected source. The affected 
source is each secondary copper smelter. Your secondary copper smelter 
is a new affected source if you commenced construction or 
reconstruction of the affected source before October 6, 2006.
    (c) This subpart does not apply to research and development 
facilities, as defined in section 112(c)(7) of the CAA.
    (d) 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.  63.11154  What are my compliance dates?

    (a) If you start up a new affected source on or before [Date of 
publication of final rule in the Federal Register], you must achieve 
compliance with the applicable provisions of this subpart not later 
than [DATE OF PUBLICATION OF FINAL RULE IN THE Federal Register].
    (b) If you start up a new affected source after [DATE OF 
PUBLICATION OF FINAL RULE IN THE Federal Register], you must achieve 
compliance with the applicable provisions of this subpart upon startup 
of your affected source.

Standards and Compliance Requirements


Sec.  63.11155  What are the standards and compliance requirements for 
new sources?

    (a) You must not discharge to the atmosphere any gases which 
contain particulate matter (PM) in excess of 0.002 grains per dry 
standard cubic foot (gr/dscf) from the exhaust vent of any capture 
system for a smelting furnace, melting furnace, or other vessel that 
contains molten material and any capture system for the transfer of 
molten material.
    (b) For each smelting furnace, melting furnace, or other vessel 
that contains molten material, you must install and operate a capture 
system that collects the gases and fumes from the vessel and from the 
transfer of molten material and convey the collected gas stream to a 
control device.
    (c) You must prepare and operate at all times according to a 
written plan for the selection, inspection, and pretreatment of copper 
scrap to minimize, to the extent practicable, the amount of oil and 
plastics in the scrap that is charged to the smelting furnace.

[[Page 59327]]

Your plan must include a training program for scrap inspectors. You 
must keep records to demonstrate continuous compliance with the 
requirements of your plan. You must keep a current copy of your 
pollution prevention plan onsite and available for inspection.
    (d) You must install, operate, and maintain a bag leak detection 
system on all baghouses used to comply with the PM emissions limit in 
paragraph (a) of this section according to paragraph (d)(1) of this 
section, prepare and operate by a site-specific monitoring plan 
according to paragraph (d)(2) of this section, take corrective action 
according to paragraph (d)(3) of this section, and record information 
according to paragraph (d)(4) of this section.
    (1) Each bag leak detection system must meet the specifications and 
requirements in paragraphs (d)(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 actual 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 (d)(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 (d)(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 (d)(2) of this 
section.
    (vii) You must install the bag leak detection sensor downstream of 
the baghouse and upstream of any wet scrubber.
    (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. For each bag leak detection system that operates on the 
triboelectric effect, the monitoring plan must be consistent with the 
recommendations contained in the ``Fabric Filter Bag Leak Detection 
Guidance'' (EPA-454/R-98-015) currently available at http://www.epa.gov/ttn.emc01/cem/tribo.pdf.
 Each monitoring plan must describe 

the items in paragraphs (d)(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 (d)(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 specific 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 (d)(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 baghouse for air leaks, torn or broken bags or 
filter media, or any other condition that may cause an increase in 
particulate 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 baghouse 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 particulate emissions.
    (4) You must maintain records of the information specified in 
paragraphs (d)(4)(i) through (iii) of this section for each bag leak 
detection system.
    (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 an alarm were 
initiated, whether procedures were initiated within 1 hour of the 
alarm, 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.
    (e) You must conduct a performance test to demonstrate initial 
compliance with the PM emissions limit within 180 days after startup 
and report the results in your notification of compliance status. You 
must conduct each PM test according to Sec.  63.7(e)(1) using the test 
methods and procedures in paragraphs (e)(1) through (5) of this 
section.
    (1) Method 1 or 1A (40 CFR part 60, appendix A) 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 (or 
at the outlet of the emissions source if no control device is present) 
prior to any releases to the atmosphere.
    (2) Method 2, 2A, 2C, 2D, 2F, or 2G (40 CFR part 60, appendix A) to 
determine the volumetric flow rate of the stack gas.
    (3) Method 3, 3A, or 3B (40 CFR part 60, appendix A) 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.

[[Page 59328]]

    (4) Method 4 (40 CFR part 60, appendix A) to determine the moisture 
content of the stack gas.
    (5) Method 5 (40 CFR part 60, appendix A) to determine the PM 
concentration for negative pressure baghouses and Method 5D (40 CFR 
part 60, appendix A) for positive pressure baghouses. The sampling time 
and volume for each run must be at least 60 minutes and 0.85 dry 
standard cubic meters (30 dry standard cubic feet). A minimum of three 
valid test runs are needed to comprise a PM performance test.
    (f) You must conduct subsequent performance tests to demonstrate 
compliance with the PM emissions limit at least once every 5 years.
    (g) If you use a control device other than a baghouse, you must 
prepare and submit a monitoring plan to the Administrator for approval. 
Each plan must contain the information in paragraphs (g)(1) through (5) 
of this section.
    (1) A description of the device;
    (2) Test results collected in accordance with paragraph (e) of this 
section verifying the performance of the device for reducing PM 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.  63.11156  [Reserved]

Other Requirements and Information


Sec.  63.11157  What General Provisions apply to this subpart?

    (a) If you own or operate a new affected source, you must comply 
with the requirements of the General Provisions in 40 CFR part 63, 
subpart A as specified in Table 1 to this subpart.
    (b) Your notification of compliance status required by Sec.  
63.9(h) must include the results of the initial performance tests and 
monitoring data collected during the test.
    (c) Your notification of compliance status required by Sec.  
63.9(h) must include this certification of compliance, signed by a 
responsible official, for the work practice standard in Sec.  
63.11155(c): ``This facility complies with the requirement for a 
written plan for the selection, inspection, and pretreatment of copper 
scrap in accordance with Sec.  63.11155(c).''
    (d) Your notification of compliance status required by Sec.  
63.9(h) must include this certification of compliance, signed by a 
responsible official, for the work practice standard in Sec.  
63.11155(d)(2): ``This facility has an approved monitoring plan in 
accordance with Sec.  63.11155(d)(2).''
    (e) If you use control devices other than baghouses, your 
notification of compliance status required by Sec.  63.9(h) must 
include this certification of compliance, signed by a responsible 
official for the monitoring plan requirements in Sec.  63.11157(g): 
``This facility has an approved monitoring plan in accordance with 
Sec.  63.11157(g).''


Sec.  63.11158  What definitions apply to this subpart?

    Terms used in this subpart are defined in the CAA, in 40 CFR 63.2, 
and in this section as follows:
    Anode copper means copper that is cast into anodes and refined in 
an electrolytic process to produce high purity copper.
    Capture system means the collection of components used to capture 
gases and fumes released from one or more emissions points and then 
convey the captured gas stream to a control device. A capture system 
may include, but is not limited to, the following components as 
applicable to a given capture system design: duct intake devices, 
hoods, enclosures, ductwork, dampers, manifolds, plenums, and fans.
    Melting furnace means any furnace, reactor, or other type of vessel 
that heats solid materials and produces a molten mass of material.
    Secondary copper smelter means a facility that processes copper 
scrap in a blast furnace and converter or that uses another 
pyrometallurgical purification process to produce anode copper from 
copper scrap, including low-grade copper scrap. A facility where 
recycled copper scrap or copper alloy scrap is melted to produce ingots 
or for direct use in a manufacturing process is not a secondary copper 
smelter.
    Smelting furnace means any furnace, reactor, or other type of 
vessel in which copper scrap and fluxes are melted to form a molten 
mass of material containing copper and slag.
    Work practice standard means any design, equipment, work practice, 
or operational standard, or combination thereof.


Sec.  63.11159  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 a State, local, or tribal agency. If 
the U.S. EPA Administrator has delegated authority to a 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 a 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 an alternative non-opacity emissions standard under 
Sec.  63.6(g).
    (2) Approval of a major change to test methods 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.

Tables to Subpart FFFFFF of Part 63

    As required in Sec.  63.11157(a), you must comply with the 
requirements of the General Provisions (40 CFR part 63, subpart A) as 
shown in the following table.

[[Page 59329]]



          Table 1 to Subpart FFFFFF of Part 63.--Applicability of General Provisions to Subpart FFFFFF
----------------------------------------------------------------------------------------------------------------
                                                                   Applies to Subpart
               Citation                         Subject                  FFFFFF?               Explanation
----------------------------------------------------------------------------------------------------------------
63.1(a)(1), (a)(2), (a)(3), (a)(4),    Applicability...........  Yes...................  .......................
 (a)(6), (a)(10)-(a)(12) (b)(1),
 (b)(3), (c)(1), (c)(2), (c)(5), (e).
63.1(a)(5), (a)(7)-(a)(9), (b)(2),     Reserved................  No....................  .......................
 (c)(3), (c)(4), (d).
63.2.................................  Definitions.............  Yes...................  .......................
63.3.................................  Units and Abbreviations.  Yes...................  .......................
63.4.................................  Prohibited Activities     Yes...................  .......................
                                        and Circumvention.
63.5.................................  Preconstruction Review    No....................  .......................
                                        and Notification
                                        Requirements.
63.6(a), (b)(1)-(b)(5), (b)(7),        Compliance with           Yes...................  .......................
 (c)(1), (c)(2), (c)(5), (e)(3)(i),     Standards and
 (e)(3)(iii)-(e)(3)(ix), (f),(g),       Maintenance
 (i), (j).                              Requirements.
63.6(b)(6), (c)(3), (c)(4), (d),       Reserved................  No....................  .......................
 (e)(2), (e)(3)(ii), (h)(3),
 (h)(5)(iv).
63.6(h)(1)-(h)(4), (h)(5)(i)-                                    No....................  Subpart FFFFFF does not
 (h)(5)(iii), (h)(6)-(h)(9).                                                              include opacity or
                                                                                          visible emissions
                                                                                          standards.
63.7.................................  Performance Testing       Yes...................  .......................
                                        Requirements.
63.8(a)(1), (a)(2), (b), (f)(1)-(5)..  Monitoring Requirements.  Yes...................  .......................
63.8(a)(3)...........................  Reserved................  No....................  .......................
63.8(c), (d), (e), (f)(6), (g).......                            No....................  Subpart FFFFFF does not
                                                                                          require a continuous
                                                                                          monitoring system.
63.8(a)(4)...........................                            No....................  Subpart FFFFFF does not
                                                                                          require flares.
63.9(a), (b)(1), (b)(2), (b)(5), (c),  Notification              Yes...................  .......................
 (d), (e), (f), (g), (h)(1)-(h)(3),     Requirements.
 (h)(5), (h)(6),(i), (j).
63.9(b)(3), (h)(4)...................  Reserved................  No....................  .......................
63.9(b)(4)...........................                            No....................  .......................
63.9(f)..............................                            No....................  Subpart FFFFFF does not
                                                                                          include opacity or
                                                                                          visible emissions
                                                                                          standards.
63.9(g)..............................                            No....................  Subpart FFFFFF does not
                                                                                          require a continuous
                                                                                          monitoring system.
63.10(a), (b)(2)(i)-(b)(2)(v),         Recordkeeping and         Yes...................  .......................
 (b)(2)(xiv), (d)(1), (d)(2), (d)(4),   Reporting Requirements.
 (d)(5), (e)(1), (e)(2), (f).
63.10(c)(2)-(c)(4), (c)(9)...........  Reserved................  No....................  .......................
63.10(b)(2)(vi)-(b)(2)(xiii), (c)(1),                                                    Subpart FFFFFF does not
 (c)(5)-(c)(14), (e)(1)-(e)(2),                                                           require a continuous
 (e)(4).                                                                                  monitoring system.
63.10(d)(3)..........................                            No....................  Subpart FFFFFF does not
                                                                                          include opacity or
                                                                                          visible emissions
                                                                                          standards.
63.10(e)(3)..........................                            Yes...................  .......................
63.11................................  Control Device            No....................  Subpart FFFFFF does not
                                        Requirements.                                     require flares.
63.12................................  State Authorities and     Yes...................  .......................
                                        Delegations.
63.13................................  Addresses...............  Yes...................  .......................
63.14................................  Incorporations by         Yes...................  .......................
                                        Reference.
63.15................................  Availability of           Yes...................  .......................
                                        Information and
                                        Confidentiality.
63.16................................  Performance Track         Yes...................  .......................
                                        Provisions.
----------------------------------------------------------------------------------------------------------------

    6. Part 63 is amended by adding subpart GGGGGG to read as follows:

Subpart GGGGGG--National Emission Standards for Hazardous Air 
Pollutants for Primary Nonferrous Metals Area Sources--Zinc, 
Cadmium, and Beryllium

Sec.

Applicability and Compliance Dates

63.11160 Am I subject to this subpart?
63.11161 What are my compliance dates?

Primary Zinc Production Facilities

63.11162 What are the standards and compliance requirements for 
existing sources?
63.11163 What are the standards and compliance requirements for new 
sources?
63.11164 What General Provisions apply to primary zinc production 
facilities?

Primary Beryllium Production Facilities

63.11165 What are the standards and compliance requirements for new 
and existing sources?
63.11166 What General Provisions apply to primary beryllium 
production facilities?

Other Requirements and Information

63.11167 What definitions apply to this subpart?
63.11168 Who implements and enforces this subpart?

Applicability and Compliance Dates


Sec.  63.11160  Am I subject to this subpart?

    (a) You are subject to this subpart if you own or operate a primary 
zinc production facility or primary beryllium production facility that 
is an area source of hazardous air pollutant (HAP) emissions. Your 
primary zinc or primary beryllium production facility is an area source 
if it does not emit and does not have the potential to emit either 10 
tons per year (tpy) or more of any single HAP or 25 tpy or more of any 
combination of HAP.
    (b) The affected source is each existing or new primary zinc 
production

[[Page 59330]]

facility or primary beryllium production facility.
    (1) An affected source is existing if you commenced construction or 
reconstruction of the affected source before October 6, 2006.
    (2) An affected source is new if you commenced construction or 
reconstruction of the affected source on or after October 6, 2006.
    (c) If you own or operate a new or existing affected source, you 
must obtain a permit under 40 CFR part 70 or 71.


Sec.  63.11161  What are my compliance dates?

    (a) If you have an existing affected source, you must achieve 
compliance with applicable provisions in this subpart by [DATE OF 
PUBLICATION OF THE FINAL RULE IN THE Federal Register]. If you startup 
a new sintering machine at an existing affected source after [DATE OF 
PUBLICATION OF THE FINAL RULE IN THE Federal Register], you must 
achieve compliance with the applicable provisions in this subpart not 
later than 180 days after startup.
    (b) If you have a new affected source, you must achieve compliance 
with applicable provisions in this subpart according to the dates in 
paragraphs (b)(1) and (2) of this section.
    (1) If you startup a new affected source on or before [DATE OF 
PUBLICATION OF FINAL RULE IN THE Federal Register], you must achieve 
compliance with applicable provisions in this subpart not later than 
[DATE OF PUBLICATION OF THE FINAL RULE IN THE Federal Register].
    (2) If you startup a new affected source after [DATE OF PUBLICATION 
OF THE FINAL RULE IN THE Federal Register], you must achieve compliance 
with applicable provisions in this subpart upon initial startup.

Primary Zinc Production Facilities


Sec.  63.11162  What are the standards and compliance requirements for 
existing sources?

    (a) You must exhaust the off-gases from each roaster to a 
particulate matter (PM) control device and to a sulfuric acid plant, 
including during the charging of the roaster.
    (b) You must not discharge to the atmosphere any gases which 
contain PM in excess of the emissions limits in paragraphs (b)(1) 
through (5) of this section.
    (1) 0.93 pound per hour (lb/hr) from the exhaust vent of a zinc 
cathode melting furnace.
    (2) 0.1 lb/hr from the exhaust vent of a furnace that melts zinc 
dust, zinc chips, and/or other materials containing zinc.
    (3) 0.228 lb/hr from the vent for the combined exhaust from a 
furnace melting zinc scrap and an alloy furnace.
    (4) 0.014 grains per dry standard cubic foot (gr/dscf) from the 
exhaust vent of an anode casting furnace.
    (5) 0.015 gr/dscf from the exhaust vent of a cadmium melting 
furnace.
    (c) You must establish an operating range for pressure drop for 
each baghouse applied to a furnace subject to an emissions limit in 
paragraph (b) of this section based on the minimum and maximum values 
recorded during a performance test that demonstrates compliance with 
the applicable PM emissions limit. Alternatively, you may use an 
operating range that has been previously established and approved by 
your permitting authority within the past 5 years. You must monitor the 
pressure drop daily, maintain the pressure drop for each baghouse 
within the established operating range, and record the pressure drop 
measurement in a daily log. You must perform routine maintenance on 
each baghouse and record maintenance activities in a baghouse 
maintenance log. Baghouse maintenance logs must include, but are not 
limited to, inspections, criteria for changing bag filters, and dates 
on which the bag filters are replaced. Both logs must be maintained in 
a suitable permanent form and kept available for inspection.
    (d) If you own or operate a sintering machine at your facility, you 
must comply with the PM emissions limit in 40 CFR 60.172(a) and the 
opacity emissions limit in 40 CFR 60.174(a) for that sintering machine.
    (e) If you own or operate a sintering machine at your facility, you 
must install and operate a continuous opacity monitoring system (COMS) 
for each sintering machine according to the requirements in 40 CFR 
60.175(a). Each COMS must meet Performance Specification 1 (40 CFR part 
60, appendix B).
    (f) For each furnace at your facility, you must demonstrate initial 
compliance with the applicable PM emissions limit in paragraph (b) of 
this section based on the results of a performance test for that 
furnace. If you own or operate a sintering machine, you must also 
demonstrate initial compliance with the PM and opacity emissions limits 
in paragraph (d) of this section based on the results of a performance 
test for that sintering machine.
    (1) You may certify initial compliance for a furnace (and sintering 
machine, if applicable) based on the results of a previous performance 
test conducted during the past 5 years.
    (2) If you have not conducted a performance test to demonstrate 
compliance with the applicable emissions limits during the past 5 
years, you must conduct a performance test within 180 days of your 
compliance date and report the results in your notification of 
compliance status.
    (3) You must conduct each PM test for a furnace according to Sec.  
63.7(e)(1) using the test methods and procedures in paragraphs 
(f)(3)(i) through (v) of this section.
    (i) Method 1 or 1A (40 CFR part 60, appendix A) 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 (or 
at the outlet of the emissions source if no control device is present) 
prior to any releases to the atmosphere.
    (ii) Method 2, 2A, 2C, 2D, 2F, or 2G (40 CFR part 60, appendix A) 
to determine the volumetric flow rate of the stack gas.
    (iii) Method 3, 3A, or 3B (40 CFR part 60, appendix A) 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 (40 CFR part 60, appendix A) to determine the 
moisture content of the stack gas.
    (v) Method 5 (40 CFR part 60, appendix A) to determine the PM 
concentration for a negative pressure baghouse, Method 5D (40 CFR part 
60, appendix A) for a positive pressure baghouse, or an alternative 
method previously approved by your permitting authority. A minimum of 
three valid test runs are needed to comprise a PM performance test.
    (4) You must conduct each PM test for a sintering machine according 
to Sec.  63.7(e)(1) and 40 CFR 60.176(b)(1) using the test methods in 
paragraph (f)(3) of this section. You must determine the PM 
concentration using EPA Method 5 (40 CFR part 60, appendix A). 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.
    (5) You must conduct each opacity test for a sintering machine 
according to the requirements in Sec.  63.6(h)(7). You must determine 
the opacity of emissions using EPA Method 9 (40 CFR part 60, appendix 
A).
    (g) For each furnace subject to an emissions limit in paragraph (b) 
of this section, you must conduct subsequent

[[Page 59331]]

performance tests according to the requirements in paragraph (f)(3) of 
this section to demonstrate compliance with the applicable PM emissions 
limit for the furnace every 5 years.
    (h) You must submit a notification to your permitting authority of 
any deviation from the requirements of this subpart within 30 days 
after the deviation. The notification must describe the probable cause 
of the deviation and any corrective actions or preventative measures 
taken.
    (i) You must submit semiannual monitoring reports to your 
permitting authority containing the results for all monitoring required 
by this subpart. All deviations that occur during the reporting period 
must be clearly identified.
    (j) You must keep records of all required monitoring data and 
support information. Support information includes all calibration and 
maintenance records and all original strip chart recordings for 
continuous monitoring instrumentation and copies of all reports 
required by this subpart.


Sec.  63.11163  What are the standards and compliance requirements for 
new sources?

    (a) You must exhaust the off-gases from each roaster to a PM 
control device and to a sulfuric acid plant, including the charging of 
the roaster.
    (b) You must not discharge to the atmosphere any gases which 
contain PM in excess of the emissions limits in paragraphs (b)(1) 
through (3) of this section.
    (1) 0.005 gr/dscf from the exhaust vent of a zinc cathode melting 
furnace; scrap zinc melting furnace; furnace melting zinc dust, zinc 
chips, and other materials containing zinc; and alloy melting furnace.
    (2) 0.014 gr/dscf from the exhaust vent of an anode casting 
furnace.
    (3) 0.015 gr/dscf from the exhaust vent of a cadmium melting 
furnace.
    (c) For each melting furnace, you must install and operate a 
capture system that collects gases and fumes from the melting furnace 
and from the transfer of molten materials and conveys the collected 
gases to a control device.
    (d) You must install, operate, and maintain a bag leak detection 
system on all baghouses used to comply with the PM emissions limit in 
paragraph (b) of this section according to paragraph (d)(1) of this 
section, prepare and operate by a site-specific monitoring plan 
according to paragraph (d)(2) of this section, take corrective action 
according to paragraph (d)(3) of this section, and record information 
according to paragraph (d)(4) of this section.
    (1) Each bag leak detection system must meet the specifications and 
requirements in paragraphs (d)(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 actual 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 (d)(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 (d)(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 (d)(2) of this 
section.
    (vii) You must install the bag leak detection sensor downstream of 
the baghouse and upstream of any wet scrubber.
    (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. For each bag leak detection system that operates on the 
triboelectric effect, the monitoring plan must be consistent with the 
recommendations contained in the ``Fabric Filter Bag Leak Detection 
Guidance'' (EPA-454/R-98-015) currently available at http://www.epa.gov/ttn.emc01/cem/tribo.pdf.
 Each monitoring plan must describe 

the items in paragraphs (d)(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 (d)(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 (d)(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 baghouse for air leaks, torn or broken bags or 
filter media, or any other condition that may cause an increase in 
particulate 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 baghouse 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 particulate emissions.
    (4) You must maintain records of the information specified in 
paragraphs

[[Page 59332]]

(d)(4)(i) through (iii) of this section for each bag leak detection 
system.
    (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, if procedures were initiated within 1 hour of the alarm, the 
cause of the alarm, an explanation of the actions taken, the date and 
time the cause of the alarm was alleviated, and if the alarm was 
alleviated within 3 hours of the alarm.
    (e) If there is a sintering machine at your primary zinc production 
facility, you must comply with the PM emissions limit in 40 CFR 
60.172(a) and the opacity emissions limit in 40 CFR 60.174(a) for that 
sintering machine.
    (f) If there is a sintering machine at your primary zinc production 
facility, you must install and operate a COMS for each sintering 
machine according to the requirements in 40 CFR 60.175(a). Each COMS 
must meet EPA Performance Specification 1 (40 CFR part 60, appendix B).
    (g) For each furnace (and sintering machine, if applicable) at your 
facility, you must conduct a performance test to demonstrate initial 
compliance with each applicable PM emissions limit for that furnace 
(and the PM and opacity limits for a sintering machine, if applicable) 
within 180 days after startup and report the results in your 
notification of compliance status.
    (1) You must conduct each PM test for a furnace according to Sec.  
63.7(e)(1) using the test methods and procedures in paragraphs 
(g)(1)(i) through (v) of this section.
    (i) Method 1 or 1A (40 CFR part 60, appendix A) 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 (or 
at the outlet of the emissions source if no control device is present) 
prior to any releases to the atmosphere.
    (ii) Method 2, 2A, 2C, 2D, 2F, or 2G (40 CFR part 60, appendix A) 
to determine the volumetric flow rate of the stack gas.
    (iii) Method 3, 3A, or 3B (40 CFR part 60, appendix A) 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 (40 CFR part 60, appendix A) to determine the 
moisture content of the stack gas.
    (v) Method 5 (40 CFR part 60, appendix A) to determine the PM 
concentration for negative pressure baghouses or Method 5D (40 CFR part 
60, appendix A) for positive pressure baghouses. A minimum of three 
valid test runs are needed to comprise a PM performance test.
    (2) You must conduct each PM test for a sintering machine according 
to Sec.  63.7(e)(1) and 40 CFR 60.176(b)(1) using the test methods in 
paragraph (g)(1) of this section. You must determine the PM 
concentration using EPA Method 5 (40 CFR part 60, appendix A). 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.
    (3) You must conduct each opacity test for a sintering machine 
according to the requirements in Sec.  63.6(h)(7). You must determine 
the opacity of emissions using EPA Method 9 (40 CFR part 60, appendix 
A).
    (h) You must conduct subsequent performance tests according to the 
requirements in paragraph (g)(1) of this section for each furnace 
subject to an emissions limit in paragraph (b) of this section to 
demonstrate compliance at least once every 5 years.
    (i) If you use a control device other than a baghouse, you must 
prepare and submit a monitoring plan to the Administrator for approval. 
Each plan must contain the information in paragraphs (i)(1) through (5) 
of this section.
    (1) A description of the device;
    (2) Test results collected in accordance with paragraph (g) of this 
section verifying the performance of the device for reducing PM and 
opacity 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.


63.11164  What General Provisions apply to primary zinc production 
facilities?

    (a) If you own or operate an existing affected source, you must 
comply with the requirements of the General Provisions in 40 CFR part 
63, subpart A, according to Table 1 to this subpart and paragraphs 
(a)(1) through (3) of this section.
    (1) Your notification of compliance status required by Sec.  
63.9(h) must include this certification of compliance, signed by a 
responsible official, for the work practice standards in Sec.  
63.11162(a): ``This facility complies with the work practice standards 
in Sec.  63.11162(a).''
    (2) If you certify compliance with the PM emissions limits in Sec.  
63.11162(b) based on a previous performance test, your notification of 
compliance status required by Sec.  63.9(h) must include this 
certification of compliance, signed by a responsible official: ``This 
facility complies with the PM emissions limits in Sec.  63.11162(b) 
based on a previous performance test.''
    (3) If you conduct a new performance test to demonstrate compliance 
with the PM emissions limits for a furnace in Sec.  63.11162(b), your 
notification of compliance status required by Sec.  63.9(h) must 
include the results of the performance test, including required 
monitoring data.
    (b) If you own or operate a new affected source, you must comply 
with the requirements of the General Provisions (40 CFR part 63, 
subpart A) as provided in Table 1 to this subpart and paragraphs (b)(1) 
through (4) of this section.
    (1) Your notification of compliance status required in Sec.  
63.9(h) must include the results of the initial performance tests, 
including required monitoring data.
    (2) Your notification of compliance status required by Sec.  
63.9(h) must include this certification of compliance, signed by a 
responsible official, for the work practice standard in Sec.  
63.11163(a): ``This facility complies with the work practice standards 
in Sec.  63.11163(a).''
    (3) Your notification of compliance status required by Sec.  
63.9(h) must include this certification of compliance, signed by a 
responsible official, for the capture system requirements in Sec.  
63.11163(c): ``This facility has installed capture systems according to 
Sec.  63.11163(c).''
    (4) If you use a baghouse that is subject to the requirements in 
Sec.  63.11163(d), your notification of compliance status required by 
Sec.  63.9(h) must include this certification of compliance, signed by 
a responsible official, for the bag leak detection system requirements 
in Sec.  63.11163(d): ``This facility has an approved monitoring plan 
in accordance with Sec.  63.11163(d).''

[[Page 59333]]

    (5) If you use control devices other than baghouses, your 
notification of compliance status required by Sec.  63.9(h) must 
include this certification of compliance, signed by a responsible 
official for the monitoring plan requirements in Sec.  63.11163(i): 
``This facility has an approved monitoring plan in accordance with 
Sec.  63.11163(i).''

Primary Beryllium Production Facilities


Sec.  63.11165  What are the standards and compliance requirements for 
new and existing sources?

    You must comply with the requirements in 40 CFR 61.32 through 40 
CFR 61.34 of the National Emission Standards for Beryllium (40 CFR part 
61, subpart C).


Sec.  63.11166  What General Provisions apply to primary beryllium 
production facilities?

    (a) You must comply with all of the requirements of the General 
Provisions in 40 CFR part 61, subpart A.
    (b) You must comply with the requirements of the General Provisions 
in 40 CFR part 63, subpart A, that are specified in paragraphs (b)(1) 
through (4) of this section.
    (1) Section 63.1(a)(1) through (10).
    (2) Section 63.1(b) except paragraph (b)(3), Sec.  63.1(c), and 
Sec.  63.1(e).
    (3) Section 63.5 (preconstruction review and notification 
requirements) except for the references to Sec.  63.6 for compliance 
procedures and the references to Sec.  63.9 for notification 
procedures.
    (4) Section 63.6(e)(3).

Other Requirements and Information


Sec.  63.11167  What definitions apply to this subpart?

    Terms used in this subpart are defined in the CAA; 40 CFR 60.2; 
60.171; 61.02; 61.31; 61.61; 63.2; and in this section as follows:
    Alloy furnace means any furnace used to melt alloys or to produce 
zinc that contains alloys.
    Anode casting furnace means any furnace that melts materials to 
produce the anodes used in the electrolytic process for the production 
of zinc.
    Bag leak detection system means a system that is capable of 
continuously monitoring the relative particulate matter (dust) loadings 
in the exhaust of a baghouse to detect bag leaks and other conditions 
that result in increases in particulate loadings. A bag leak detection 
system includes, but is not limited to, an instrument that operates on 
triboelectric, electrodynamic, light scattering, light transmittance, 
or other effect to continuously monitor relative particulate matter 
loadings.
    Cadmium melting furnace means any furnace used to melt cadmium or 
produce cadmium oxide from the cadmium recovered in the zinc production 
process.
    Capture system means the collection of equipment used to capture 
gases and fumes released from one or more emissions points and then 
convey the captured gas stream to a control device. A capture system 
may include, but is not limited to, the following components as 
applicable to a given capture system design: duct intake devices, 
hoods, enclosures, ductwork, dampers, manifolds, plenums, and fans.
    Deviation means any instance in which an affected source subject to 
this subpart, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this 
subpart, including but not limited to any emissions limitation or work 
practice standard;
    (2) Fails to meet any term or condition that is adopted to 
implement an applicable requirement in this subpart and that is 
included in the operating permit for any affected source required to 
obtain such a permit; or
    (3) Fails to meet any emissions limitation or work practice 
standard in this subpart during startup, shutdown, or malfunction, 
regardless of whether or not such failure is permitted by this subpart.
    Primary beryllium production facility means any establishment 
engaged in the chemical processing of beryllium ore to produce 
beryllium metal, alloy, or oxide, or performing any of the intermediate 
steps in these processes. A primary beryllium production facility may 
also be known as an extraction plant.
    Primary zinc production facility means an installation engaged in 
the production, or any intermediate process in the production, of zinc 
or zinc oxide from zinc sulfide ore concentrates through the use of 
pyrometallurgical techniques.
    Responsible official means responsible official as defined in 40 
CFR 70.2.
    Roaster means any facility in which a zinc sulfide ore concentrate 
charge is heated in the presence of air to eliminate a significant 
portion (more than 10 percent) of the sulfur contained in the charge.
    Sintering machine means any furnace in which calcines are heated in 
the presence of air to agglomerate the calcines into a hard porous mass 
called sinter.
    Sulfuric acid plant means any facility producing sulfuric acid from 
the sulfur dioxide (SO2) in the gases from the roaster.
    Work practice standard means any design, equipment, work practice, 
or operational standard, or combination thereof.
    Zinc cathode melting furnace means any furnace used to melt the 
pure zinc from the electrolytic process.


Sec.  63.11168  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 a State, local, or tribal agency. If the 
U.S. EPA Administrator has delegated authority to a 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 (c) and (d) 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) For primary zinc production facilities subject to this subpart, 
the authorities that will not be delegated to State, local, or tribal 
agencies are listed in paragraphs (c)(1) through (5) of this section.
    (1) Approval of an alternative non-opacity emissions standard under 
Sec.  63.6(g).
    (2) Approval of an alternative opacity emissions standard under 
Sec.  63.6(h)(9).
    (3) Approval of a major change to test methods under Sec.  
63.7(e)(2)(ii) and (f). A ``major change to test method'' is defined in 
Sec.  63.90.
    (4) Approval of a major change to monitoring under Sec.  63.8(f). A 
``major change to monitoring'' is defined in Sec.  63.90.
    (5) 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.
    (d) For primary beryllium manufacturing facilities subject to this 
subpart, the authorities that will not be delegated to State, local, or 
tribal agencies are listed in paragraphs (d)(1) through (4) of this 
section.
    (1) Approval of an alternative non-opacity emissions standard under 
40 CFR 61.12(d).
    (2) Approval of a major change to test methods under 40 CFR 
61.13(h). A ``major change to test method'' is defined in Sec.  63.90.

[[Page 59334]]

    (3) Approval of a major change to monitoring under 40 CFR 61.14(g). 
A ``major change to monitoring'' is defined in Sec.  63.90.
    (4) Approval of a major change to recordkeeping/reporting under 40 
CFR 61.10. A ``major change to recordkeeping/reporting'' is defined in 
Sec.  63.90.

Tables to Subpart GGGGGG of Part 63

    As required in Sec.  63.11164(a) and (b), you must comply with the 
requirements of the NESHAP General Provisions (40 CFR part 63, subpart 
A) as shown in the following table.

   Table 1 to Subpart GGGGGG of Part 63.--Applicability of General Provisions to Primary Zinc Production Area
                                                     Sources
----------------------------------------------------------------------------------------------------------------
                                                                   Applies to Subpart
               Citation                         Subject                  GGGGGG                Explanation
----------------------------------------------------------------------------------------------------------------
63.1(a)(1), (a)(2), (a)(3), (a)(4),    Applicability...........  Yes...................
 (a)(6), (a)(10)-(a)(12), (b)(1),
 (b)(3), (c)(1), (c)(2), (c)(5), (e).
63.1(a)(5), (a)(7)-(a)(9), (b)(2),     Reserved................  No....................
 (c)(3), (c)(4), (d).
63.2.................................  Definitions.............  Yes...................
63.3.................................  Units and Abbreviations.  Yes...................
63.4.................................  Prohibited Activities     Yes...................
                                        and Circumvention.
63.5.................................  Preconstruction Review    No....................
                                        and Notification
                                        Requirements.
63.6(a), (b)(1)-(b)(5), (b)(7),        Compliance with           Yes...................
 (c)(1), (c)(2), (c)(5), (e)(1),        Standards and
 (e)(3)(i), (e)(3)(iii)-(e)(3)(ix),     Maintenance
 (f), (g), (h)(1), (h)(2),(h)(5)-       Requirements.
 (h)(9), (i), (j).
63.6(b)(6), (c)(3), (c)(4), (d),       Reserved................  No....................
 (e)(2), (e)(3)(ii), (h)(3),
 (h)(5)(iv).
63.7(a), (e), (f), (g), (h)..........  Performance Testing       Yes...................
                                        Requirements.
63.7(b), (c).........................                            Yes/No................  Notification of
                                                                                          performance tests and
                                                                                          quality assurance
                                                                                          program apply to new
                                                                                          sources but not
                                                                                          existing sources.
63.8(a)(1), (a)(2), (b), (c), (f),     Monitoring Requirements.  Yes...................  Requirements in Sec.
 (g).                                                                                     63.6(c)(4)(i)-(ii),
                                                                                          (c)(5), (c)(6), (d),
                                                                                          (e), (f)(6), and (g)
                                                                                          apply if a COMS is
                                                                                          used.
63.8(a)(3)...........................  Reserved................  No....................
63.8(a)(4)...........................                            No....................  Subpart GGGGGG does not
                                                                                          require flares.
63.8(d), (e).........................                            Yes/No................  Requirements for
                                                                                          quality control
                                                                                          program and
                                                                                          performance
                                                                                          evaluations apply to
                                                                                          new sources but not
                                                                                          existing sources.
63.9(a), (b)(1), (b)(2), (b)(5), (c),  Notification              Yes/No................  Notification of
 (d), (f), (g), (h)(1)-(h)(3),          Requirements.                                     performance tests and
 (h)(5), (h)(6), (i), (j).                                                                opacity or visible
                                                                                          emissions observations
                                                                                          apply to new sources
                                                                                          but not existing
                                                                                          sources.
63.9(b)(3), (h)(4)...................  Reserved................  No....................
63.9(b)(4)...........................                            No....................
63.10(a), (b)(1), (b)(2)(i)-(v),       Recordkeeping and         Yes...................
 (d)(4), (d)(5)(i), (f).                Reporting Requirements.
63.10(b)(2), (b)(3), (c)(1), (c)(5)-                             Yes/No................  Recordkeeping and
 (c)(8), (c)(10)-(c)(15), (d)(1)-                                                         reporting requirements
 (d)(3), (d)(5)(ii), (e)(1), (e)(2),                                                      apply to new sources
 (e)(4).                                                                                  but not existing
                                                                                          sources.
63.10(c)(2)-(c)(4), (c)(9)...........  Reserved................  No....................
63.10(e)(3)..........................                            Yes/No................  Reporting requirements
                                                                                          apply to new sources
                                                                                          but not existing
                                                                                          sources
63.11................................  Control Device            No....................  Subpart GGGGGG does not
                                        Requirements.                                     require flares.
63.12................................  State Authorities and     Yes...................
                                        Delegations.
63.13................................  Addresses...............  Yes...................
63.14................................  Incorporations by         Yes...................
                                        Reference.
63.15................................  Availability of           Yes...................
                                        Information and
                                        Confidentiality.
63.16................................  Performance Track         Yes...................
                                        Provisions.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 06-8434 Filed 10-5-06; 8:45 am]

BILLING CODE 6560-50-P
