

[Federal Register: January 23, 2007 (Volume 72, Number 14)]
[Rules and Regulations]               
[Page 2929-2961]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23ja07-9]                         


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Part II





Environmental Protection Agency





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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; Final Rule


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2006-0510; FRL-8257-4]
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: Final rules.

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SUMMARY: EPA is issuing national emission standards for hazardous air 
pollutants (NESHAP) for four area source categories. These final NESHAP 
include emissions limits and/or work practice standards that reflect 
the generally available control technologies (GACT) and/or management 
practices in each of these area source categories.

DATES: These final rules are effective on January 23, 2007. The 
incorporation by reference of certain publications listed in these 
rules is approved by the Director of the Federal Register as of January 
23, 2007.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-HQ-OAR-2006-0510. 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., confidential business information 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 3334, 1301 Constitution Ave., NW., 
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 
p.m., Monday through Friday, excluding legal holidays. The telephone 
number for the Public Reading Room is (202) 566-1744, and the telephone 
number for the Air Docket is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Ms. Sharon Nizich, 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) 541-2825, fax number 
(919) 541-3207, e-mail address: nizich.sharon@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. Where can I get a copy of this document?
    C. Judicial Review
II. Background Information for Final Area Source Standards
III. Summary of Final Rule and Changes Since Proposal
    A. NESHAP for Polyvinyl Chloride and Copolymers Production Area 
Sources
    B. NESHAP for Primary Copper Smelting Area Sources
    C. NESHAP for Secondary Copper Smelting Area Sources
    D. NESHAP for Primary Nonferrous Metals--Zinc, Cadmium, and 
Beryllium Area Sources
IV. Summary of Comments and Responses
    A. Existing Area Source Facilities
    B. Part 63 General Provisions
    C. Primary Copper Smelters
    D. Primary Zinc Smelters
    E. Basis for Area Source Standards
    F. Compliance Date
V. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer Advancement Act
    J. Congressional Review Act

I. General Information

A. Does this action apply to me?

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

------------------------------------------------------------------------
                                   NAICS code    Examples of regulated
             Category                  \1\              entities
------------------------------------------------------------------------
Industry:
    Polyvinyl chloride and             325211  Area source facilities
     copolymers production.                     that polymerize vinyl
                                                chloride monomer to
                                                produce vinyl 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....  \2\ 331423  Area source facilities
                                                that 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.
    Primary nonferrous metals--        331419  Area source facilities
     zinc, cadmium, and beryllium.              that produce zinc, 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 government....  ..........  Not affected.
------------------------------------------------------------------------
\1\ North American Industry Classification System.
\2\ This final 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.

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be affected by this 
action. To determine whether your facility is regulated by this action, 
you should examine the applicability criteria in 40 CFR 63.11140 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

[[Page 2931]]

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. Where can I get a copy of this document?

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

and technology exchange in various areas of air pollution control.

C. Judicial Review

    Under section 307(b)(1) of the Clean Air Act (CAA), judicial review 
of these final rules is available only by filing a petition for review 
in the U.S. Court of Appeals for the District of Columbia Circuit by 
March 26, 2007. Under section 307(d)(7)(B) of the CAA, only an 
objection to these final rules that was raised with reasonable 
specificity during the period for public comment can be raised during 
judicial review. Moreover, under section 307(b)(2) of the CAA, the 
requirements established by these final rules may not be challenged 
separately in any civil or criminal proceedings brought by EPA to 
enforce these requirements.

II. Background Information for Final Area Source Standards

    Sections 112(c)(3) and 112(k)(3)(B) of the CAA instruct EPA to 
identify not less than 30 HAP which, as a result of emissions from area 
sources, present the greatest threat to public health in the largest 
number of urban areas, and to list sufficient area source categories 
\1\ to ensure that sources representing 90 percent or more of the 
emissions of each of the 30 listed HAP (``area source HAP'') are 
subject to regulation. Sierra Club sued EPA, alleging a failure to 
complete standards for the source categories listed pursuant to CAA 
sections 112(c)(3) and (k)(3)(B) within the timeframe specified by the 
statute. See Sierra Club v. Johnston, No. 01-1537, (D.D.C.). On March 
31, 2006, the court issued an order requiring EPA to promulgate 
standards under CAA section 112(d) for those area source categories 
listed pursuant to CAA sections 112(c)(3) and (k)(3)(B).
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    \1\ Under section 112(a) of the Clean Air Act, an area source is 
defined as a stationary source that is not a major source. A major 
source is defined as a stationary source or a group of stationary 
sources located within a contiguous area and under common control 
that emits or has the potential to emit considering controls, in the 
aggregate, 10 tons per year or more of any HAP or 25 tons per year 
or more of any combination of HAP.
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    Among other things, the order requires that, by December 15, 2006, 
EPA complete standards for four of the listed area source categories. 
On October 6, 2006 (71 FR 59302) we proposed NESHAP for the following 
four listed area source categories that we have selected to meet the 
December 15, 2006 deadline: (1) Primary Copper Smelting; (2) Secondary 
Copper Smelting; (3) Polyvinyl Chloride and Copolymers Production; and 
(4) Primary Nonferrous Metals--Zinc, Cadmium, and Beryllium. These 
final NESHAP complete the required regulatory action for four area 
source categories.
    Under CAA section 112(d)(5), the Administrator may, in lieu of 
standards requiring maximum achievable control technology (MACT) under 
section 112(d)(2), elect to promulgate standards or requirements for 
area sources ``which provide for the use of generally available control 
technologies or management practices by such sources to reduce 
emissions of hazardous air pollutants.'' Under section 112(d)(5), the 
Administrator has the discretion to use generally available control 
technology (GACT) or management practices in lieu of MACT. As mentioned 
in the proposed NESHAP for these four area source categories, we have 
decided not to issue MACT standards and concluded that requirements 
that provide for the use of GACT or generally available management 
practices are appropriate for these four source categories (71 FR 
59302, 59304, October 6, 2006).

III. Summary of Final Rules and Changes Since Proposal

A. NESHAP for Polyvinyl Chloride and Copolymers Production Area Sources

    As proposed, we are adopting the requirements in 40 CFR part 61, 
subpart F that apply to polyvinyl chloride (PVC) plants as the NESHAP 
for the Polyvinyl Chloride and Copolymer Production area source 
category. The only change since the proposed rule is that this final 
rule does not adopt either the startup, shutdown, and malfunction (SSM) 
requirements in 40 CFR 63.6(e)(3) or the preconstruction notification 
requirements in 40 CFR 63.5. As discussed in more detail in section 
IV.B of this preamble, under the construct of part 61 standards, 
sources must comply with the standards at all times, including periods 
of SSM. Because in this final rule we are adopting the part 61 
standards for PVC plants as the area source standard, separate 
requirements governing SSM are not necessary. We have also determined 
that the preconstruction notification requirements at 40 CFR 63.5 are 
not necessary because a comparable preconstruction notification is 
already required under the part 61 General Provisions (40 CFR part 61, 
subpart A), which apply to this NESHAP.
1. Applicability and Compliance Dates
    This final rule applies to both new and existing PVC and copolymer 
plants that are area sources of HAP. The owner or operator of an 
existing source must comply with all the requirements of this area 
source NESHAP by January 23, 2007. The owner or operator of a new 
source must comply with this area source NESHAP by January 23, 2007 or 
at startup, whichever is later.
2. Emissions Limits and Work Practice Standards
    The Polyvinyl Chloride and Copolymers Production area source 
category was listed for its contribution to the emissions of the area 
source HAP vinyl chloride. As proposed, we are adopting the 
requirements in 40 CFR part 61, subpart F that are applicable to PVC 
plants as the NESHAP for the Polyvinyl Chloride and Copolymer 
Production area source category. These requirements in subpart F 
include 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. In 
addition, they include 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 also requires a new or existing source 
to comply with the requirements at 40 CFR part 61, subpart V for the 
control of equipment leaks. As discussed in the proposal preamble, we 
have determined that these requirements represent GACT for sources in 
this area source category.
3. Compliance Requirements
    We are including in this NESHAP the monitoring, testing, 
recordkeeping, and reporting requirements in 40 CFR part 61, subpart F. 
This final 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

[[Page 2932]]

emissions must be ducted. Plants using a stripper to comply with this 
NESHAP must also determine the daily average vinyl chloride 
concentration for each type of resin. The owner or operator must 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 are required to comply with the testing, monitoring, 
recordkeeping, and reporting requirements in the part 61 General 
Provisions (40 CFR part 61, subpart A). For the reasons discussed in 
sections III.A and IV.B of this preamble, this final NESHAP does not 
require that the owner or operator comply with the SSM requirements at 
40 CFR 63.6(e)(3) and the preconstruction notification requirements at 
40 CFR 63.5.
4. Exemption From 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)). For the reasons 
discussed in the preamble to the proposed rule, we are exempting PVC 
and copolymers production area sources from the requirements of title 
V. PVC and copolymers production area sources are not required to 
obtain title V permits solely as a function of being the subject of the 
NESHAP; however, if they were otherwise required to obtain title V 
permits, such requirement(s) would not be affected by this exemption. 
We received no comments on our proposal to exempt PVC and copolymer 
production area sources from the requirements of title V.

B. NESHAP for Primary Copper Smelting Area Sources

    The Primary Copper Smelting area source category was listed for its 
contribution to the emissions of the area source HAP arsenic, cadmium, 
chromium, lead, and nickel. As discussed in more detail in section IV.C 
of this preamble, the major change since the proposed rule is that we 
established a subcategory of primary copper smelters that use the batch 
converting technology and developed separate standards for this 
subcategory. At the time of the proposed rule, we were not aware of any 
area sources using the batch converting technology. Since then, we 
received comments indicating that there may or will be primary copper 
smelting area sources that use the batch converting technology. Because 
batch technology is quite different from the continuous converting 
technology we used to develop the proposed standards for the Primary 
Copper Smelting area source category in terms of process operation, 
emissions points, and achievable levels of control, we believe that the 
proposed standards do not represent GACT for existing primary copper 
smelting area sources that use the batch converting technology. 
Accordingly, we developed a separate standard for existing sources that 
use the batch converting technology, and we developed that standard 
based on the title V permit of one batch converting facility that we 
have determined to be effectively controlling its HAP emissions by 
complying with its permit terms and conditions.
    In response to comments, we also made several changes to the 
proposed rule for primary copper smelters that do not use the batch 
converting technology. As explained in the preamble to the proposed 
rule, we have determined that certain terms and conditions in the title 
V permit of the only area source primary smelter of which we are aware 
provide effective control of HAP emissions and represent GACT for these 
sources. We made changes in the proposed rule to more accurately 
capture the relevant terms and conditions in this existing area 
source's title V permit. Specifically, we clarified that capture and 
control systems are not required for anode casting and holding 
operations; that the sampler required for existing sources is a 
continuous PM sampler; that the emissions limit is expressed as PM less 
than 10 microns in aerodynamic diameter (PM10) rather than PM; and that 
a single gas collection system could serve multiple process vessels.
    As discussed in section IV.B of this preamble, we allow new and 
existing sources to comply with either the SSM requirements in 40 CFR 
63.6(e)(3) or the detailed SSM requirements in the final rule that were 
developed from the existing sources' title V permits, which are 
substantially equivalent to the SSM requirements in 40 CFR part 63.
1. Applicability and Compliance Dates
    This final rule applies to each new or existing primary copper 
smelter that is an area source of HAP. The owner or operator of an 
existing affected source must comply by January 23, 2007. The owner or 
operator of a new affected source must comply by January 23, 2007 or 
upon initial startup, whichever is later. An affected source is new if 
construction or reconstruction of the affected source was commenced on 
or after October 6, 2006.
2. Emissions Limits and Work Practice Standards
    As previously mentioned, we have developed separate standards for 
existing sources that use the batch converting technology and for those 
that do not. However, the standards for new sources apply to all new 
area source primary copper smelters irrespective of the converting 
technology utilized.
    Under this final rule, the owner or operator of an existing area 
source using any converting technology is required to control HAP 
emissions from copper concentrate drying, copper concentrate smelting, 
copper matte drying and grinding, copper matte converting, and copper 
anode refining. As discussed in the proposal preamble, we are using PM 
as a surrogate for HAP metals. Gases and fumes generated by these 
processes must be captured and vented through one or more PM control 
devices. For existing primary copper smelters that do not use the batch 
converting process, the total emissions of PM10 from the captured gas 
streams from all of these processes is limited to 89.5 pounds per hour 
(lb/hr) as determined on a 24-hour average basis.
    For existing primary copper smelters using the batch converting 
technology, the exhaust gases from each smelter vessel and each 
converter must be collected and sent to a PM control device and to a 
sulfuric acid plant. A secondary gas collection system must be 
installed on each smelting vessel and converter, and PM emissions from 
the secondary capture and control system must not exceed 0.02 grains 
per dry standard cubic foot (gr/dscf). The PM emissions from each 
copper concentrate dryer must not exceed 0.022 gr/dscf.
    Similarly, the owner or operator of a new area source using any 
converting technology must control HAP emissions from all primary 
copper smelting processes, including but not limited to those processes 
mentioned above that are applicable to the new source's smelter design. 
Gases and fumes generated by these processes at a new source must be 
captured and vented through one or more PM control devices. We are 
requiring a new source to achieve a facility input-based emissions 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.
    This final rule for new area source primary copper smelters also 
requires a secondary gas system for each smelting

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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 are required for 
operations in the anode refining. These capture and control 
requirements apply to all new and existing area sources using any 
copper smelting technology.
3. Compliance Requirements
    In this final rule, we have adopted the testing, monitoring, 
operation and maintenance, recordkeeping, and reporting requirements 
for PM emissions that are in the title V permits of the existing area 
source smelters. Compliance with the emissions limit for existing area 
sources not using the batch converting technology is based on the daily 
average PM10 emissions measured by a continuous PM sampler. 
For smelters using the batch conversion technology, compliance is based 
on performance tests at least every 2.5 years and continuous monitoring 
using continuous opacity monitoring systems (COMS) for electrostatic 
precipitators and bag leak detection systems for baghouses.
    The operation and maintenance requirements in this final rule for 
existing sources using any converting technology are based on the 
existing sources' title V permits. At all times, the owner or operator 
must to the extent practicable, maintain and operate any affected 
source, including associated air pollution control equipment, in a 
manner consistent with good air pollution control practice for 
minimizing emissions. In addition, all pollution control equipment must 
be installed, maintained, and operated properly. Instructions from the 
vendor or established maintenance practices that maximize pollution 
control must be followed. Maintenance records must be made available to 
the permitting authority upon request.
    This final rule allows any new or existing source to meet the SSM 
requirements specified in this final rule or the SSM requirements in 40 
CFR 63.6(e)(3). The SSM requirements that are specified in this final 
rule were developed from the existing sources' title V permit 
requirements, and we believe these requirements are equally applicable 
to new and existing area sources irrespective of the converting 
technology used. Sources may nevertheless choose to comply with the SSM 
provisions in 40 CFR 63.6(e)(3), in lieu of the SSM requirements 
specified in this final rule. The SSM provisions in this final rule 
require that all malfunctions be reported within two working days of 
the event. The report must include a description of the malfunction, 
steps taken to mitigate emissions, and corrective actions taken. In 
addition, the owner or operator must show through signed 
contemporaneous logs or other relevant evidence that: (1) A malfunction 
occurred and the probable cause can be identified, (2) the facility was 
being operated properly at the time the malfunction occurred, and (3) 
all reasonable steps were taken to minimize emissions that exceeded the 
emission standards. A malfunction or emergency does not include events 
caused by improperly designed equipment, lack of preventative 
maintenance, careless or improper operation, or operator error.
    The owner or operator of an existing area source using any copper 
smelting technology must 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 may certify initial compliance with the emissions limit 
based on monitoring data collected during a previous compliance test. 
The owner or operator also must certify initial compliance with the 
work practice standards.
    The owner or operator of a new primary copper smelter must 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 standard 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 is required. The owner or operator 
must 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 is required. All notification, monitoring, testing, operation and 
maintenance, recordkeeping, and reporting requirements of the part 63 
General Provisions apply to the owner or operator of a new source. This 
final rule allows a new source to meet the specific SSM requirements 
that were developed from the title V permit requirements for existing 
sources or the SSM requirements in 40 CFR 63.6(e)(3).

C. NESHAP for Secondary Copper Smelting Area Sources

    We did not receive any comments on our determination of GACT for 
secondary copper smelters, and we are promulgating the standard as 
proposed without any changes.
1. Applicability and Compliance Dates
    This final rule applies to each new secondary copper smelter that 
is an area source of HAP. The owner or operator of a new affected 
source is required to comply by January 23, 2007 or upon initial 
startup, whichever is later.
2. Emissions Limit and Work Practice Standards
    This final rule does not include requirements for existing area 
sources of secondary copper smelters. As we explained in the preamble 
to the proposed rule, currently there are no existing major or area 
sources of secondary copper smelters. Therefore, there is not any, nor 
would there ever be, an existing secondary copper smelter that would be 
subject to this rule. In this circumstance, we are not issuing 
standards for existing area sources of secondary copper smelters. 
However, this final rule contains requirements for new area sources of 
secondary copper smelters. The Secondary Copper Smelting area source 
category was listed for its contribution to the emissions of the area 
source HAP cadmium, lead and dioxin. We have established requirements 
for new sources in this category to ensure that any potential emission 
of these area source HAP from future secondary copper smelting area 
sources will be appropriately controlled.
    We are requiring that the owner or operator of any new secondary 
copper smelter operate a capture and control system for PM emissions 
from 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 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. As we explained in the 
proposal preamble, we are using PM as a surrogate for establishing 
standards for metal HAP, which are cadmium and lead in this case. The 
United Nations Environmental Programme (UNEP) has also recommended 
using control devices with high efficiency PM removal to reduce dioxin 
emissions. The pollution

[[Page 2934]]

prevention measure described above (i.e., presorting and pretreating 
materials) is another UNEP recommendation for reducing dioxin 
emissions. We have determined that these requirements represent GACT 
for new sources of secondary copper smelters and requested comments on 
this determination in the proposed rule. We did not receive any 
comments on this determination.
3. Compliance Requirements
    Fabric filters (baghouses) are expected to be needed to meet the 
NESHAP emissions limit. Consequently, the monitoring requirements 
include bag leak detection systems when baghouses are used. For 
additional information on bag leak detection systems that operate on 
the triboelectric effect, see ``Fabric Filter Bag Leak Detection 
Guidance'', U.S. Environmental Protection Agency, Office of Air Quality 
Planning and Standards, September 1997, EPA-454/R-98-015, NTIS 
publication number PB98164676. This document is available from the 
National Technical Information Service (NTIS), 5385 Port Royal Road, 
Springfield, VA 22161. The owner or operator must prepare a written 
plan for the selection, inspection, and pretreatment of copper scrap 
and keep records to document conformance with the requirements in the 
written plan. If a control device other than a baghouse is used, the 
owner or operator must submit a monitoring plan to the permitting 
authority for approval. The monitoring plan must include performance 
test results showing compliance with the PM emissions 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 must 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. If a baghouse is used, the PM 
concentration is to 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 are required every 
5 years to demonstrate compliance with the PM emissions limit. All 
requirements of the part 63 General Provisions apply to the owner or 
operator of a new source, including the notification, monitoring, 
testing, operation and maintenance, SSM, recordkeeping, and reporting 
requirements.

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

1. NESHAP for Primary Zinc Production
    In this final rule, we have adopted a limit in grains per dry 
standard cubic foot (gr/dscf) for certain melting furnaces at existing 
zinc production area sources in addition to the proposed pound per hour 
(lb/hr) limits for these furnaces at existing sources. This gr/dscf 
limit is the limit that we proposed for the same furnaces at new 
sources. Both the gr/dscf limit and the lb/hr limits reflect the level 
of emission control that can be achieved based on the technology we 
identified as GACT for these furnaces (i.e., a well-operated and well-
maintained baghouse). However, whereas the lb/hr limits were based on 
the specific operations at the two existing sources of which we are 
aware, the gr/dscf emission limit is not operation specific and can 
apply to these furnaces at any primary zinc production area source 
irrespective of its operation. For this reason, we proposed this gr/
dscf emissions limit for these furnaces at new sources. In this final 
rule, we similarly allow an existing source to meet this gr/dscf limit 
for these furnaces. This final rule provides existing sources the 
option of meeting either the lb/hr limits or the gr/dscf limit for 
these furnaces. We believe that including both the lb/hr and gr/dscf 
limits in this final rule will ensure effective control of these 
furnaces at all existing primary zinc production area sources in the 
event that there are facilities other than the two we know and with 
very different operations from the two known sources.
    In addition, as discussed in section IV.B of this preamble, we 
allow new and existing sources to comply with either the SSM 
requirements in 40 CFR 63.6(e)(3) or with the detailed SSM requirements 
in the final rule that were developed from the existing sources' title 
V permits, which are substantially equivalent to the SSM requirements 
in part 63.
    Applicability and compliance dates. This final rule applies to each 
new or existing primary zinc production facility that is an area source 
of HAP. The owner or operator of an existing affected source must 
comply by January 23, 2007. The owner or operator of a new affected 
source must comply by January 23, 2007 or upon initial startup, 
whichever is later.
    Emissions limits and work practice standards. Primary zinc 
production facilities were included as part of the Primary Nonferrous 
Metals area source category due to their contributions to the emissions 
of the area source HAP arsenic, cadmium, lead, manganese, and nickel, 
all of which are metal HAP. As we mentioned in the proposal preamble, 
cadmium is produced as a by-product of zinc smelting processes. There 
are no primary cadmium smelters in the United States. Accordingly, the 
requirements for area sources of zinc production in this final rule 
also address emissions associated with any cadmium production at these 
zinc production facilities.
    As previously mentioned, we are using PM as a surrogate for 
establishing standards for metal HAP. Under this final rule, the owner 
or operator of an area source of zinc production is required to exhaust 
roaster off-gases to PM removal equipment and a sulfuric acid plant. 
Bypassing the sulfuric acid plant during charging of the roaster is 
prohibited.
    Emissions limits apply to the different types of melting furnaces 
at primary zinc production facilities. For existing sources, this 
NESHAP limit PM emissions to 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. As an alternative to the 
lb/hr limits for these furnaces at existing sources, the owner or 
operator may elect to meet a limit of 0.005 gr/dscf. For new sources, 
the PM limit is 0.005 gr/dscf for the furnaces mentioned above. Other 
PM limits are 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 apply to any sintering machine at a new or 
existing area source facility. If there is a sintering machine, the 
owner or operator must comply with the PM limit at 40 CFR 60.172 and 
the opacity limit at 40 CFR 60.174(a) of the new source performance 
standard (NSPS) for primary zinc smelters (40 CFR part 60, subpart Q).
    Compliance requirements. We are adopting for existing area sources 
certain monitoring, recordkeeping, and reporting requirements in the 
title V permits of the two existing facilities that relate to PM 
emissions control. The owner or operator of an existing area source 
must monitor baghouse pressure drop, perform routine baghouse 
maintenance, and keep records to document compliance. In addition, we 
are requiring repeat performance tests (at least once every 5 years) 
for existing sources. This final rule also requires a continuous 
opacity monitoring system (COMS) for any sintering machine in 
accordance with 40 CFR 60.175.

[[Page 2935]]

    The owner or operator of an existing area source must 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 may certify initial compliance with the 
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 must 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 
facility must 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 
must 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.
    The operation and maintenance requirements in the final rule for 
existing sources are based on the sources' title V permits. The owner 
or operator must maintain all equipment covered under the subpart in 
such a manner that the performance or operation of the equipment does 
not cause a deviation from the applicable requirements. A maintenance 
record must be kept for each item of air pollution control equipment. 
At a minimum, this record must show the dates of performing maintenance 
and the nature of preventative maintenance activities.
    This final rule allows any existing source to meet the specific SSM 
requirements that were developed from the title V permit requirements 
for existing sources or the SSM requirements in 40 CFR 63.6(e)(3). The 
specific SSM provisions in this final rule require that all 
malfunctions be reported within two working days of the event. The 
report must include a description of the malfunction, steps taken to 
mitigate emissions, and corrective actions taken. In addition, the 
owner or operator must show through signed contemporaneous logs or 
other relevant evidence that: (1) A malfunction occurred and the 
probable cause can be identified, (2) the facility was being operated 
properly at the time the malfunction occurred, and (3) all reasonable 
steps were taken to minimize emissions that exceeded the emission 
standards. A malfunction or emergency does not include events caused by 
improperly designed equipment, lack of preventative maintenance, 
careless or improper operation, or operator error.
    As required in the existing permits, the owner or operator must 
submit a notification to the permitting authority of any deviation from 
the requirements of this final NESHAP. The notification must describe 
the probable cause of the deviation and any corrective actions or 
preventative measures taken. Existing facilities are also required to 
submit semiannual monitoring reports which clearly describe any 
deviations. Records of baghouse maintenance, all required monitoring 
data, and support information also are required. The owner or operator 
of an existing area source must also comply with the notification 
requirements in 40 CFR 63.9 of the General Provisions.
    The owner or operator of a new area source is required to install 
and operate a bag leak detection system for each baghouse used to 
comply with a PM emissions limit. For additional information on bag 
leak detection systems that operate on the triboelectric effect, see 
``Fabric Filter Bag Leak Detection Guidance'', U.S. Environmental 
Protection Agency, Office of Air Quality Planning and Standards, 
September 1997, EPA-454/R-98-015, NTIS publication number PB98164676. 
This document is available from the National Technical Information 
Service (NTIS), 5385 Port Royal Road, Springfield, VA 22161. In 
addition, we are requiring repeat PM performance tests (once every 5 
years) for each furnace at a new source. The owner or operator must 
also 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 must 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 is also required for 
a sintering machine according to the methods and procedures in 40 CFR 
60.176(b). All of the notification, testing, monitoring, operation and 
maintenance, recordkeeping, and reporting requirements of the part 63 
General Provisions apply to a new area source. This final rule allows a 
new source to meet the specific SSM requirements in this final rule or 
the SSM requirements in 40 CFR 63.6(e)(3).
2. NESHAP for Primary Beryllium Production Area Sources
    The only change since proposal is that this final rule does not 
adopt the SSM requirements in 40 CFR 63.6(e)(3) and the preconstruction 
notification requirements in 40 CFR 63.5. As discussed in more detail 
in section IV.B of this preamble, we have determined that the SSM 
requirements are not necessary for standards under part 61 that must be 
met at all times, and the preconstruction notification is already 
required under the part 61 General Provisions.
    Applicability and compliance dates. For this final rule, we are 
adopting all of the requirements in the National Emission Standard for 
Beryllium at 40 CFR part 61, subpart C. The owner or operator of an 
existing area source must comply with this NESHAP by January 23, 2007. 
The owner or operator of a new area source must comply by January 23, 
2007 or at startup, whichever is later.
    Emissions limits. Primary beryllium production facilities were 
included as part of the Primary Nonferrous Metals area source category 
due to their contributions to the emissions of the area source HAP 
arsenic, cadmium, lead, manganese, and nickel, all of which are metal 
HAP. As discussed in the proposal preamble, we are using beryllium as a 
surrogate for HAP metals. We are adopting the 40 CFR part 61, subpart C 
standard as the requirements for both new and existing primary 
beryllium production facilities in this final rule. 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. As discussed in the 
preamble to the proposed rule, the part 61 standard is highly effective 
in controlling PM and metal HAP emissions from the only existing 
beryllium production facility known to us at the time of the proposal. 
We have determined that these requirements reflect GACT for area 
sources of beryllium production. We did not receive any comments on 
this determination.
    Compliance requirements. This final rule requires the owner or 
operator to comply with the testing, monitoring, recordkeeping, and 
reporting requirements in 40 CFR part 61, subpart

[[Page 2936]]

C. An 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 40 CFR part 61, subpart C, as well as the testing, monitoring, 
recordkeeping, and reporting requirements in the part 61 General 
Provisions in 40 CFR part 61, subpart A. For the reasons discussed in 
section IV.B of this preamble, this final rule does not require that 
the owner or operator comply with the requirements for SSM plans and 
reports in 40 CFR 63.6(e)(3) or the preconstruction notification 
requirements in 40 CFR 63.5.

IV. Summary of Comments and Responses

A. Existing Area Source Facilities

    At proposal, we stated that we did not know of any existing sources 
in the Polyvinyl Chloride and Copolymer area source category, and we 
requested comments on whether there are or ever will be any area 
sources in this area source category. We also stated that currently 
there is only one area source of primary copper production in operation 
in the United States and that there are no primary beryllium production 
area sources.
    Comment: One commenter informed us of an area source PVC plant in 
Alabama. In addition, two commenters stated that there are a few (at 
least three) PVC plants that they believe may qualify as area sources. 
According to the commenters, these were once major sources that have 
reduced HAP emissions significantly or that are currently shut down but 
are expected to start up again with significantly less emissions than 
from previous operations as major sources. The commenters requested 
that EPA clarify the meaning of ``potential to emit'' in its definition 
of an ``area source'' in the proposed rule, as well as the proposed 
rule's applicability to plants that have obtained or, for the ones that 
are not currently operating, will obtain permits that limit emissions 
to levels below the major source thresholds. In addition, the 
commenters requested clarification of the proposed rule's applicability 
to PVC plants co-located at chemical complexes that are major sources.
    One commenter notified us of an area source primary beryllium plant 
in Utah. The commenter sought clarification of the proposed rule's 
applicability to a primary beryllium plant that is a major source 
because of perchloroethylene emissions and that may become an area 
source in the future by eliminating the use of perchloroethylene.
    We also received comments that there are two operating primary 
copper smelters that are area sources rather than just one, as EPA 
stated in the proposed rule. The company operating this second source 
reported that it was an area source (synthetic minor) based on a 
determination by the permitting authority. The company also stated that 
it is planning to restart a primary copper smelter in Texas that has 
been shutdown and under ``care and maintenance'' for several years. 
This facility will incorporate feedstock limitations to remain below 
major source thresholds, and the company expects that this facility 
will qualify as an area source when the renewed permits are issued. The 
commenter sought clarification of the applicability of the proposed 
rule to the two primary copper smelters described above.
    Response: Section 112(a) of the CAA defines the terms ``major 
source'' and ``area source.'' An ``area source'' is defined as any 
stationary source that is not a major source. In the proposed rule, we 
included a definition for ``area source'' and that definition attempted 
to summarize the statutory definitions of ``major source'' and ``area 
source.'' Commenters sought clarification of the meaning of the term 
``potential to emit'' contained in the proposed definition of ``area 
source.'' Based on the comment, it appears that the proposed definition 
of ``area source'' has caused confusion. Because the proposed 
definition of ``area source'' was merely intended to summarize the 
statutory definitions of ``major source'' and ``area source'' and is 
redundant of the definition of ``area source'' contained in the General 
Provisions (40 CFR part 63, subpart A), we have decided not to finalize 
the proposed ``area source'' definition. Instead, as noted in the 
NESHAP for each of these four area source categories, the definitions 
of ``major source,'' ``area source,'' and ``potential to emit'' in 40 
CFR 63.2 apply to this final rule.\2\ To the extent the commenters have 
questions as to whether their facility is a major source or an area 
source, EPA cannot answer these site-specific applicability questions 
in the context of this national rulemaking. We refer the commenters to 
the definitions of ``major source,'' ``area source,'' and ``potential 
to emit'' found in 40 CFR 63.2, and recommend that the commenters 
consult with the relevant permitting authority or submit a request for 
an applicability determination to the EPA regional office in the region 
where the source is located.
---------------------------------------------------------------------------

    \2\ In 1995, the Court of Appeals for the District of Columbia 
Circuit reviewed the definition of ``potential to emit'' (PTE) 
contained in 40 CFR in 40 CFR 63.2 (National Mining Ass'n v. EPA, 59 
F.3d 1351 (D.C. Cir. 1995)). In July 2005, the D.C. Circuit remanded 
the definition to EPA to the extent the definition required that 
physical or operational limitations be ``federally enforceable'' 
(National Mining Ass'n v. EPA, 59 F.3d 1351 (D.C. Cir. 1995)). The 
court did not vacate the 40 CFR part 63 regulations and therefore 
the definition of ``potential to emit'' in 40 CFR part 63 remains in 
place. EPA is currently in the process of developing a proposed rule 
that responds to the court's remand. EPA has a transitional policy 
that relates to PTE. See ``Options for Limiting the Potential to 
Emit (PTE) of a Stationary Source Under Section 112 and Title V of 
the Clean Air Act (Act)'' (Jan. 25, 1995), available at http://www.epa.gov/Region7/programs/artd/air/title5/t5memos/ptememo.pdf.
 

EPA has extended the transition policy several times. See ``Third 
Extension of January 25, 1995 Potential to Emit Transition Policy'' 
(December 20, 1999), available at http://www.epa.gov/Region7/programs/artd/air/title5/t5memos/4thext.pdf.
 Under the Third 

Extension, sources can rely on State-only enforceable PTE limits 
until we finalize our response to the remand.
---------------------------------------------------------------------------

    In addition, we want to clarify that a plant that is co-located 
with other facilities that together qualify as a major source is part 
of that major source and not an area source.

B. Part 63 General Provisions

    Comment: One commenter representing the two beryllium plants 
objected to the part 63 SSM requirements in the proposed NESHAP for the 
Primary Beryllium Production area source category. The commenter stated 
that these two beryllium plants are already subject to 40 CFR part 61, 
subpart C, which EPA has adopted in this final rule, as well as the SSM 
requirements in State implementation plans (SIP), State laws, and title 
V permits. According to the comment, because these plants are subject 
to a strict ambient air standard for beryllium under the part 61 
NESHAP, which requires that the plants monitor continuously and meet 
the required limits under all conditions, the part 63 SSM requirements 
are not necessary. Commenters representing facilities in the PVC 
industry provided similar comments. In addition, they stated that by 
requiring compliance with part 61 and the SSM provisions in 40 CFR 
63.6, the proposed rule would impose two different SSM schemes in one 
standard. It would also impose more burdensome reporting and 
recordkeeping obligations on the lower emitting (area) sources.
    Representatives of two primary copper companies also stated that 
the SSM requirements are unnecessary and duplicative of existing 
requirements and should be deleted. Their title V permits contain 
existing functionally equivalent

[[Page 2937]]

SSM provisions, including requirements for timely notification and 
reporting.
    Response: We agree that the SSM requirements in the 40 CFR part 63 
General Provisions need not be included in the NESHAP for the PVC and 
Copolymer Production and the Primary Beryllium Production area source 
categories, both of which adopted the relevant part 61 standards for 
these categories. Under the construct of the part 61 standards, sources 
must comply with the standards at all times, including periods of SSM. 
Therefore, separate requirements governing SSM are not necessary. 
Accordingly, we have revised the proposed rule to eliminate the part 63 
SSM requirements for new and existing primary beryllium and PVC plants.
    We also examined the SSM requirements that are in title V permits 
for other source categories. The primary copper smelters and primary 
zinc production plants have similar requirements in their permits. Our 
review indicates that these requirements are substantially equivalent 
to the part 63 SSM requirements. For example, the title V permits for 
these plants require that all malfunctions be reported within two 
working days of the event. The report must include a description of the 
malfunction, steps taken to mitigate emissions, and corrective actions 
taken. In addition, the permittee must show through signed 
contemporaneous logs or other relevant evidence that: (1) A malfunction 
occurred and the permittee can identify the probable cause, (2) the 
facility was being operated properly at the time the malfunction 
occurred, and (3) all reasonable steps were taken to minimize emissions 
that exceeded the emission standards or other requirements of the 
permit. The permit also makes it clear that a malfunction or emergency 
does not include events caused by improperly designed equipment, lack 
of preventative maintenance, careless or improper operation, or 
operator error.
    Based on the comments and our review of title V permits, we are 
including in this final rule alternative SSM requirements that we have 
formulated based on our review of the title V permits mentioned above. 
Under this final rule, a new or existing primary copper smelter or 
primary zinc production facility may choose to meet the SSM 
requirements in 40 CFR 63.6(e)(3) or the alternative SSM requirements 
provided in this final rule.
    This final rule also includes operation and maintenance 
requirements for existing sources that are based on the permits. For 
primary copper smelters, the owner or operator must to the extent 
practicable, maintain and operate any affected source, including 
associated air pollution control equipment, in a manner consistent with 
good air pollution control practice for minimizing emissions. In 
addition, all pollution control equipment must be installed, 
maintained, and operated properly. Instructions from the vendor or 
established maintenance practices that maximize pollution control must 
be followed. All necessary equipment control and operating devices, 
such as pressure gauges, ampere meters, volt meters, flow rate 
indicators, temperature gauges, continuous emissions monitoring 
systems, etc., must be installed, operated properly and easily 
accessible to compliance inspectors. A copy of all manufacturers' 
operating instructions for pollution control equipment and pollution 
emitting equipment must be maintained at the facility site. These 
instructions must be available to all employees who operate the 
equipment and must be made available to the permitting authority upon 
request. Maintenance records must be made available to the permitting 
authority upon request.
    Comment: One commenter stated that we should not adopt the 
preconstruction notification requirements in the part 63 General 
Provisions (40 CFR part 63, subpart A) because they were unnecessary 
and duplicate the very similar requirements already in the part 61 
General Provisions (40 CFR part 61, subpart A). EPA should not impose 
the additional burden of submitting and processing two duplicative 
applications and should just rely on the provisions already in the part 
61 General Provisions.
    Response: We agree that if a preconstruction notification is 
submitted under the part 61 General Provisions (40 CFR 61.07), it is 
not necessary to submit another preconstruction notification under the 
part 63 General Provisions. We have revised the proposed rule to 
reflect this change.
    Comment: One commenter stated that EPA should not incorporate any 
of the part 63 General Provisions into area source standards that adopt 
the part 61 NESHAP. These provisions, including those in 40 CFR 63.1 
(Applicability), are already addressed in the part 61 General 
Provisions and enhanced by SIP requirements and title V permits.
    Response: We have previously addressed the SSM requirements and 
preconstruction notifications for facilities subject to part 61 
standards. The only other section of the part 63 General Provisions 
that we have included for these sources deals with applicability in 40 
CFR 63.1 (Sec. Sec.  63.1(a)(1) through (10), 63.1(b)(1), 63.1(c), and 
63.1(d)). The provisions on applicability impose no burden on the 
facility and provide clarity and useful information related to the 
applicability of standards under part 63. Consequently, the final rule 
includes portions of Sec.  63.1 from the part 63 General Provisions.

C. Primary Copper Smelters

    Comment: Two commenters identified two primary copper smelters as 
area sources in addition to the one smelter identified as an area 
source in the proposal preamble. One of these smelters is operating, 
and the company stated that the facility is an area source (i.e., a 
synthetic minor source). The other smelter has been shut down for 
several years, but it is in the process of obtaining permits to re-
start and expects to be an area source. Both of these smelters use the 
batch converting process, whereas the smelter that was identified as an 
area source at proposal and was the basis for GACT uses flash 
continuous converting technology. The company pointed to the process 
descriptions in the proposal preamble that noted the numerous 
differences in the two technologies. The company suggested that their 
two smelters fit into a separate subcategory (batch converting 
technology) and should have rule requirements based on that technology. 
The requirements in the proposed rule are not appropriate for their 
smelters because the proposed rule is based on the flash continuous 
converting technology.
    Response: The commenters asserted that there are two area source 
primary copper smelters that use the batch converting technology. As we 
described in the proposal preamble (71 FR 59308, October 6, 2006), 
there are numerous differences in process operation, emissions points, 
and achievable levels of control. We believe that our proposed standard 
for existing sources, which is based on flash continuous converting 
technology, would not be appropriate for existing sources of primary 
copper smelting that use the batch converting technology and that 
separate standards are needed to address the different technology used 
by these existing smelters. Solely for purposes of this analysis, we 
accept, as true, the commenter's assertion that there are existing area 
source facilities that use batch processing. As explained above, to the 
extent the commenter has any question as to whether the smelters 
identified above are major or area sources, they should consult with 
the relevant permitting authority or submit

[[Page 2938]]

a request for an applicability determination to the EPA regional office 
in the region where the source is located.
    In developing the requirements for sources using the batch 
converting technology, we reviewed the title V permit of the currently 
operating source identified in the comment. The emissions from this 
facility are controlled as a result of its title V permit requirements 
to capture and control emissions of PM. The vast majority of the gases 
from the smelting furnace and converter are collected by a primary 
capture system, sent to control equipment to remove PM, and then 
processed in a sulfuric acid plant. Fugitive emissions are collected by 
a secondary capture system and sent to a baghouse for control of PM 
emissions. We determined that these current permit requirements 
represent GACT for existing primary copper smelters using the batch 
converting process and have included these requirements in this final 
rule as the requirements for existing primary copper smelting area 
sources that use batch converting technology.
    According to these requirements, plants that use batch converting 
technology must operate primary capture systems on each smelting vessel 
and each copper converter. Secondary capture systems must be installed 
to capture emissions from tapping copper matte and slag from the 
smelting vessel and emissions from charging, skimming, pouring, and 
holding when the converter mouth is partially rotated out from the 
primary collection hood. All of the collected gases must be routed to 
an emissions control system. In addition, emissions from the primary 
collection system for the smelting vessel and converter must be routed 
to a sulfuric acid plant after PM removal.
    Emissions from each copper concentrate dryer must be controlled and 
must not exceed 0.022 gr/dscf. Emissions from secondary capture systems 
that are not vented to a sulfuric acid plant must not exceed 0.02 gr/
dscf.
    We also examined the monitoring requirements in the title V permit 
of this primary smelter using the batch technology and found that they 
would ensure that control devices are working properly on a continuous 
basis. We therefore included these monitoring requirements in this 
final rule as requirements for primary copper smelting area sources 
that use the batch converting technology. Under these requirements, a 
COMS meeting Performance Specification 1 (40 CFR part 60, appendix B) 
must be installed on each electrostatic precipitator. If the 24-hour 
rolling average opacity exceeds 15 percent, the plant must investigate 
the cause of the problem and take corrective action. Each baghouse must 
be equipped with and monitored by a bag leak detection system to ensure 
proper operation. We have also required performance tests every 2.5 
years to determine compliance with PM limits.
    Comment: A commenter representing the primary copper plant that was 
the basis for GACT stated that EPA did not properly capture the 
facility's title V permit requirements in some cases. The commenter 
supplied additional details and clarifications. Clarification is needed 
for the requirements for anode casting and holding operations, the 
emissions limit should not be referred to as ``smelter wide'' but as 
the limit for the main stack, the limit should be expressed as 
PM10 rather than PM, and the continuous PM sampler should 
not be referred to as a CEMS. The commenter also asked that EPA modify 
the proposed rule to clearly state that a single secondary gas 
collection system can capture and control emissions from multiple 
processing vessels (i.e., each vessel does not have to have its own 
separate collection system). The commenter also requested more 
flexibility in the monitoring requirements so that the permitting 
authority could approve improved monitoring technology should it become 
available in the future.
    Response: We agree with the commenter and will make most of the 
suggested changes. The facility's title V permit was the basis for our 
GACT determination, and we intended that the proposed area source rule 
incorporate the permit requirements of this well-controlled facility. 
We understand that in some cases, a gas collection system may be 
applied to multiple process vessels, and we have included this 
clarification in this final rule. We understand that flexibility in 
monitoring is important, especially as improved monitoring techniques 
become commercially available and demonstrated in metallurgical 
operations. That said, it is not necessary to revise the proposed rule 
to allow a facility to request approval of an alternative monitoring 
method because the procedure for making such requests is contained in 
40 CFR 63.8, which applies to the NESHAP for the Primary Copper 
Smelting area source category in this final rule.
    Comment: One commenter noted that the new source standard for 
primary copper was based on the newer flash continuous converter 
technology and would not be appropriate for new plants using the batch 
converting technology. The commenter stated that continuous converting 
has more limited applicability to ore concentrates that have high 
impurities levels than does batch converting. The commenter stated that 
because a new smelter could use either of the technologies, the 
emission standards for new sources should be reflective of the 
performance of either of these technologies. This can be achieved by 
providing flexibility in the emission limits that are adopted. The 
commenter recommended that the standard for new smelters using the 
batch converting technology be based on the best performing existing 
facility with the technology. In addition, a provision should be made 
to allow an alternate emissions limit to be authorized by either EPA or 
the permitting authority that is equally protective.
    Response: The emissions limit that we proposed for new primary 
copper smelters is in lb/ton of copper concentrate feed and is applied 
on a facility wide basis. The format and requirements of the standard 
can be applied to and achieved by a facility using any primary copper 
smelting technology if it is well controlled. The format of the 
standard also provides flexibility because multiple process vessels can 
have different levels of emissions as long as they collectively meet 
the overall lb/ton limit. The limit has been demonstrated as achievable 
by an existing area source that uses a continuous converting process. 
Unlike existing sources, new sources using any smelting technology have 
the opportunity to incorporate state-of-the-art capture and control 
systems into their design, construction, and operation. Based on our 
engineering experience with capture and control systems that have been 
applied to primary copper processes and also those that have been 
applied to similar processes in other metallurgical industries, we 
believe that the emissions limit for new sources can be achieved by 
primary copper smelters using any processing technology, including both 
the continuous and batch converting processes. The standard for new 
primary copper smelters represents a level of control that is generally 
available for new sources. Consequently, we chose to promulgate the 
limit as proposed as GACT for new primary copper smelters.
    Comment: Three commenters objected to the requirement of using a PM 
CEMS for monitoring at new primary copper smelter area sources. 
Although improvements in PM CEMS have been made as they continue to be 
developed, there is not sufficient operating history

[[Page 2939]]

to prove its feasibility for continuous monitoring at primary copper 
smelters.
    Response: The PM CEMS have been demonstrated in many different 
applications, including processes with exhaust gases similar to those 
from primary copper smelters (e.g., at electric utilities where the 
temperatures and exhaust gas compositions are similar). The commenters 
did not provide any information that the exhaust gases from primary 
copper smelting are uniquely different. We have included PM CEMS as the 
monitoring technology for new sources in this final rule.

D. Primary Zinc Smelters

    Comment: One commenter asked if the proposed rule was meant to 
apply to any zinc refinery that processes any amount of zinc sulfide 
concentrate. If so, what is the timeframe for using zinc sulfide 
concentrate and its percentage of the feed that qualifies a facility as 
a primary zinc smelter? Is EPA really trying to regulate zinc 
refineries, which produce cathodes in a cathode melting furnace and use 
zinc sulfide concentrate as a feed material, and not regulate thermal 
zinc smelters, who do not produce cathodes and do not currently use 
zinc sulfide concentrate?
    Response: The commenter is correct in that this final rule applies 
to any area source facility that produces zinc products from any amount 
of zinc sulfide ore concentrates using pyrometallurgical processes 
(i.e., a ``primary zinc smelter''). This final rule does not apply to 
thermal zinc smelters if they do not process zinc sulfide concentrate. 
(Facilities processing only zinc scrap and residues containing zinc 
would be classified as secondary zinc smelters.) If a facility meets 
the definition of primary zinc smelter and is an area source on the 
compliance date, it is subject to this final rule. If the facility is 
not processing zinc sulfide concentrate but subsequently begins 
processing it, meets the definition of primary zinc smelter, and is an 
area source, it is subject to this final rule when it begins processing 
the zinc sulfide concentrate. Under these facts, such a facility would 
be subject to the standards for new sources if construction or 
reconstruction of the primary zinc smelter (the affected source) 
commenced on or after October 6, 2006.
    We are not making a distinction between zinc refineries and thermal 
zinc smelters as described by the commenter. Either type of facility is 
subject to this final rule if it is an area source and meets the 
definition of primary zinc smelter.
    Comment: One commenter noted that the proposed rule requires 
demonstrating compliance by stack testing within 180 days after the 
compliance date. Their plant has a process that is not operating, it is 
subject to the rule, but it may not restart until more than 180 days 
after the compliance date. As the proposed rule reads, they would have 
to demonstrate compliance by a stack test even though the process is 
not operating.
    Response: We have clarified the proposed rule to indicate that if a 
process subject to this final rule is not operating on the compliance 
date and subsequently starts up, compliance testing must be performed 
within 180 days after startup of the process.
    Comment: One commenter noted that the proposed rule requires that 
initial compliance must be demonstrated ``for each furnace at your 
facility.'' A zinc smelter may have other types of furnaces that are 
not subject to emission limits. The commenter assumes that this 
requirement will have no impact on these furnaces.
    Response: The commenter is correct. We have clarified the proposed 
rule to state that initial compliance must be demonstrated ``for each 
furnace at your facility that is subject to an emissions limit under 
this subpart.''
    Comment: One commenter stated that the emissions limit of 0.005 gr/
dscf for certain furnaces at new sources is greater than the emissions 
limit for the same furnaces at existing sources. The commenter 
suggested that the greater of the two values be applied in this case to 
provide a level playing field for new and existing sources.
    Response: We disagree with the comment that the emissions limit of 
0.005 gr/dscf for certain furnaces at new sources is greater than the 
emissions limits for the same furnaces at existing sources. The 
emissions limit of 0.005 gr/dscf for new sources is applied to 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. For existing sources, the 
limits are 0.1 lb/hr from the exhaust vent of a furnace that melts zinc 
dust, zinc chips, and/or other materials containing zinc; and 0.228 lb/
hr from the vent for the combined exhaust from a furnace melting zinc 
scrap and an alloy furnace. Although the limits for the furnaces 
mentioned above are expressed in different formats for new and existing 
sources, both formats reflect the level of emission control that can be 
achieved based on the technology we identified as GACT for these 
furnaces (i.e., a well-operated and well-maintained baghouse). However, 
whereas the lb/hr limits for the above-noted furnaces in the proposed 
rule were based on the specific operations at the two existing sources 
of which we are aware, the gr/dscf emission limit is not operation 
specific and can apply to these furnaces at any primary zinc production 
area source. We have therefore adopted the gr/dscf limit in addition to 
the proposed lb/hr limit, and sources can meet either the limit 
expressed in lb/hr or the limit expressed in gr/dscf.

E. Basis for Area Source Standards

    Comment: We received a comment from the National Association of 
Clean Air Agencies (NACAA) expressing concern with EPA's establishment 
of area source standards under section 112 of the CAA by adopting 
existing Federal and/or State area source standards. In the comment, 
the NACAA stated that the existence of State and local regulations does 
not relieve EPA of its obligation to establish area source standards 
under the CAA. The NACAA expressed concern that some States cannot have 
requirements more stringent than those of the Federal government and 
may, therefore, be required to change their regulations of area sources 
to be consistent with EPA's area source standards. The NACAA stated 
that, if the permit requirements that make these sources ``well 
controlled'' are not contained within the Federal rule, the nonfederal 
rules could be relaxed. The NACAA further stated that, in the absence 
of Federal requirements, there would be nothing to prevent 
``backsliding'' by these sources.
    The NACAA was particularly concerned with EPA's proposed PVC rule, 
which adopted the part 61 standards for PVC plants. According to the 
NACAA, the part 61 standards for PVC plants are outdated and 
inappropriate as a model for GACT. The NACAA submitted with its comment 
a recommendation for the standards for area sources of PVC plants. The 
NACAA previously recommended these limits to EPA as the MACT standards 
for major sources of PVC plants. The NACAA believes the submittal 
contains valuable information for EPA in developing PVC regulations for 
area sources as well.
    Response: We have traditionally reviewed operating permits and 
current standards in the standards development process, and we used 
this approach in developing the NESHAP for the four area source 
categories in this final rule. The NACAA did not explain why it would 
be inappropriate for EPA to adopt existing Federal, State or local 
standards that EPA has determined to be

[[Page 2940]]

effective in controlling HAP emissions. Contrary to the commenter's 
assertions, EPA is setting final area source standards for the four 
source categories at issue in this rule. The emissions limits and/or 
work practice standards in each of the four NESHAP in this final rule 
have been reviewed, determined by EPA to be the appropriate standards 
for the relevant area source category, and established by EPA in this 
final rule as the Federal requirements for that category pursuant to 
section 112 of the CAA.
    It is conceivable that for those States with laws that preclude the 
State from issuing regulations that are more stringent than EPA's 
regulations, a State may need to change its existing area source 
regulation in response to this final rule. However, the NACAA has not 
identified any existing State regulation that would require 
modification in this regard. Further, as previously mentioned, we 
established the area source standards in this final rule based on GACT, 
which may or may not be reflected by more stringent State or local 
requirements. The NACAA also asserted that the part 61 standards for 
PVC plants are outdated and inappropriate as GACT for area source PVC 
plants. NACAA's statement was apparently based on the fact that the 
part 61 standards were issued prior to the 1990 Amendments to the Clean 
Air Act and were based on risk. However, the fact that these are risk-
based standards are not per se evidence that they do not reflect GACT 
for area sources of PVC plants. We believe that the record supports our 
determination as to what constitutes GACT for the four categories at 
issue here.
    Moreover, we reviewed the information submitted by the commenter 
that contained their ``presumptive'' determination of MACT that they 
issued as guidance to State and local agencies. These recommended 
limits were based on the best-controlled plants, most if not all of 
which are major sources.\3\ We believe that these recommended limits 
may represent MACT or something beyond MACT, but we do not believe that 
they are appropriate for these particular area source categories. As 
previously mentioned, we have decided to establish the standards for 
the PVC and Copolymer Production area source category based on GACT. We 
do not believe that NACAA's recommended limits represent GACT for area 
sources of PVC plants. Because we expect PVC plants to be operating in 
accordance with the part 61 standards for PVC plants, we believe that 
these standards represent a level of control that is generally 
available and is therefore a reasonable representation of GACT for area 
sources in this source category.
---------------------------------------------------------------------------

    \3\ It is not clear whether the one polyvinyl chloride area 
source plant known to the National Association of Clean Air Agencies 
(NACAA) was among the plants that the NACAA analyzed in developing 
the recommended limits.
---------------------------------------------------------------------------

    Comment: One commenter stated that area source standards are not 
needed for primary beryllium plants. All of these plants, including 
major and area sources, are already subject to NESHAP under 40 CFR part 
61. In addition, the proposed area source standard will not achieve any 
reduction in HAP emissions. A second commenter stated that absent EPA's 
statutory obligation to establish standards for area sources, there 
would be no need to regulate PVC and copolymer plants because they are 
already governed by the existing NESHAP. However, the commenter 
recognizes EPA's obligation to regulate PVC and copolymer area sources 
and supports the adoption of the part 61 NESHAP as the area source 
standard.
    Response: The second commenter has captured the issue and provides 
the response to the first commenter: EPA has a statutory obligation to 
establish area source NESHAP for primary beryllium plants.

F. Compliance Date

    Comment: Two commenters stated that requiring compliance on the 
date of publication of the final rule in the Federal Register does not 
allow sufficient time for existing sources to develop a SSM plan.
    Response: We believe that we have addressed the commenter's concern 
regarding existing sources' abilities to develop SSM plans by the 
compliance date. With respect to primary copper smelting and primary 
zinc production area sources, this final rule allows existing sources 
in these two area source categories to address SSM according to the 
relevant requirements in their title V permits, which do not require a 
SSM plan. As previously discussed in our response to the comments on 
the necessity of the part 63 SSM requirements (section IV.B of this 
preamble), we have reviewed the SSM requirements in the title V permits 
for the existing sources of primary copper smelting and primary zinc 
production area sources and have determined that these provisions are 
adequate to replace the SSM requirements in the General Provisions, 
which require a SSM plan. See 40 CFR 63.6(e)(3). We have therefore 
included in the final NESHAP for primary copper smelting and primary 
zinc production area sources requirements that are based on these title 
V permit terms and conditions. To provide flexibility, sources can 
comply with the SSM requirements specified in this final rule or comply 
with the provisions contained in the General Provisions at 40 CFR 
63.6(e). Accordingly, the existing sources in these two area source 
categories are not required to develop SSM plans and may instead 
continue to follow their title V permit requirements regarding SSM.
    In addition, as previously mentioned, we are not requiring SSM 
plans and reports in 40 CFR 63.6(e)(3) for area source PVC plants and 
beryllium production facilities. Because the NESHAP for these source 
categories in this final rule adopt part 61 standards, which require 
compliance at all times, specific provisions governing SSM are 
unnecessary. For all of the reasons stated above, we believe that the 
concern expressed in this comment has been addressed.

V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

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

B. Paperwork Reduction Act

    The NESHAP for Polyvinyl and Copolymers Production Area Sources do 
not impose any new information collection burden. New and existing 
plants that are area sources are 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 NESHAP General 
Provisions (40 CFR part 61, subpart A), which are incorporated into the 
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

[[Page 2941]]

Vinyl Chloride 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.
    The requirements for primary beryllium production facilities in the 
NESHAP for Primary Nonferrous Metals Area Sources do not impose any new 
information collection burden. New and existing plants that are area 
sources are 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 NESHAP for these 
sources. The OMB has previously approved the 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 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.
    The information requirements in the 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 information collection requirements are not enforceable 
until OMB approves them.
    The information collection requirements for primary copper smelting 
and primary zinc production 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 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 must comply are the same as the requirements 
that are in these facilities' current title V operating permits. The 
only new information collection requirements that apply to these area 
sources consist of initial notifications. There are no existing 
secondary copper smelting facilities, and there are no requirements for 
existing secondary copper smelting area sources.
    Any new primary zinc production facility, primary copper smelter, 
or secondary copper smelter area source is subject to all information 
collection requirements in the part 63 General Provisions. 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.
    The annual burden for this information collection (including all 
four source categories) averaged over the first 3 years of this ICR is 
estimated to total 23 labor hours per year at a cost of $1,948 for the 
three existing primary copper smelting area sources and 15.4 labor 
hours per year at a cost of $1,305 for the two existing primary zinc 
smelting area sources. No capital/startup costs or operation and 
maintenance costs are associated with the requirements.
    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. When this 
ICR is approved by OMB, the Agency will publish a technical amendments 
for the approved information collection requirements contained in the 
final rules.

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 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 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 these final rules on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. The small 
entities directly regulated by these final rules are small businesses. 
We have determined that existing small businesses in these area source 
categories will not incur any adverse impacts on existing area sources 
of PVC and copolymer production facilities, primary copper smelters, 
and non-ferrous metal production facilities because the rules do not 
create any new requirements or burdens other than minimal notification 
requirements. There will be no adverse impacts on existing secondary 
copper area sources because there are no existing sources in the 
category. Although these final NESHAP contain emission control

[[Page 2942]]

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.
    Although this final rule will not have a significant economic 
impact on a substantial number of small entities, EPA nonetheless has 
tried to reduce the impact of this rule on small entities. These final 
rules are designed to harmonize with existing State or local 
requirements. In addition, we have deleted the proposed requirements 
for SSM plans and reports.

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 final rules do not contain a Federal 
mandate that may result in expenditures of $100 million or more for 
State, local, and tribal governments, in the aggregate, or the private 
sector in any one year. The estimated expenditures for the private 
sector in any one year are less than $2,500. Thus, the final rules are 
not subject to the requirements of sections 202 and 205 of the UMRA. In 
addition, the final rules do not significantly or uniquely affect small 
governments. The final rules contain no requirements that apply to such 
governments, impose no obligations upon them, and will not result in 
expenditures by them of $100 million or more in any one year or any 
disproportionate impacts on them. Therefore, the final 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.''
    These final rules do not have federalism implications. They will 
not have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132. These final rules impose 
requirements on owners and operators of specified area sources and not 
State and local governments. Thus, Executive Order 13132 does not apply 
to these final rules.

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

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

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

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

    These final 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 
final 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 consume energy are required 
by these final rules.

I. National Technology Transfer Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act (NTTAA) of 1995 (Pub. L. 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

[[Page 2943]]

bodies. The NTTAA directs EPA to provide Congress, through OMB, 
explanations when the Agency does not use available and applicable VCS.
    This rule involves 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 Specifications 
1 and 11 in 40 CFR part 60, appendix B. 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,'' is cited in two of these 
final rules 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 Performance Specification 
1. As a result, EPA incorporated ASTM D6216-98 by reference into 
Performance Specification 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 these final rules were impractical alternatives to EPA 
test methods for the purposes of the rules. Therefore, EPA does not 
intend to adopt these standards for this purpose. The reasons for the 
determinations for the 13 methods are in the docket for these rules.
    For the methods required or referenced by these 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. Sec.  
63.7(f) and 63.8(f) of subpart A of the General Provisions.

J. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801, et seq., as added by 
the Small Business Regulatory Enforcement Fairness Act of 1996, 
generally provides that before a rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to each House of Congress and to the Comptroller General 
of the United States. The EPA will submit a report containing these 
final rules and other required information to the U.S. Senate, the U.S. 
House of Representatives, and the Comptroller General of the United 
States prior to publication of the final rules in the Federal Register. 
A major rule cannot take effect until 60 days after it is published in 
the Federal Register. This action is not a ``major rule'' as defined by 
5 U.S.C. 804(2). These final rules will be effective on January 23, 
2007.

List of Subjects in 40 CFR Part 63

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

    Dated: December 11, 2006.
Stephen L. Johnson,
Administrator.

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

PART 63--[AMENDED]

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

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

Subpart A--[Amended]

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


Sec.  63.14  Incorporations by reference.

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

0
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?
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.
    (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 
January 23, 2007.
    (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 start up a new affected source on or before January 23, 
2007, you must achieve compliance with the

[[Page 2944]]

applicable provisions in this subpart not later than January 23, 2007.
    (2) If you start up a new affected source after January 23, 2007, 
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) and (2) of this section.
    (1) Sec.  63.1(a)(1) through (10).
    (2) Sec.  63.1(b) except paragraph (b)(3), Sec.  63.1(c), and Sec.  
63.1(e).


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 emissions imitation 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.

0
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 What are the applicability provisions and compliance dates?

Standards and Compliance Requirements

63.11147 What are the standards and compliance requirements for 
existing sources not using batch copper converters?
63.11148 What are the standards and compliance requirements for 
existing sources using batch copper converters?
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?
Table 1 to Subpart EEEEEE of Part 63--Applicability of General 
Provisions to Subpart EEEEEE

Applicability and Compliance Dates


Sec.  63.11146  What are the applicability provisions and compliance 
dates?

    (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.
    (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.
    (e) If you own or operate an existing affected source, you must 
achieve compliance with the applicable provisions of this subpart by 
January 23, 2007.
    (f) 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 (f)(1) and (2) of this section.
    (1) If you startup a new affected source on or before January 23, 
2007, you must achieve compliance with the applicable provisions of 
this subpart not later than January 23, 2007.
    (2) If you startup a new affected source after January 23, 2007, 
you must achieve compliance with the applicable provisions of this 
subpart upon startup of your affected source.

Standards and Compliance Requirements


Sec.  63.11147  What are the standards and compliance requirements for 
existing sources not using batch copper converters?

    (a) Emissions limits and work practice standards. (1) 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 department that 
contain particulate matter less than 10 microns in aerodynamic diameter 
(PM10) in excess of 89.5 pounds per hour (lb/hr) on a 24-
hour average basis.
    (2) You must operate a capture system that collects the gases and 
fumes released during the transfer of molten materials from smelting 
vessels and converting vessels and conveys the collected gas stream to 
a control device.
    (3) You must operate one or more capture systems that collect the 
gases and fumes released from each vessel used to refine blister 
copper, remelt anode copper, or remelt anode scrap and convey each 
collected gas stream to a control device. One control device may be 
used for multiple collected gas streams.
    (b) Compliance requirements. For purposes of determining compliance 
with the emissions limit in paragraph (a)(1) of this section, you must 
comply with the requirements in paragraphs (b)(1) through (7) of this 
section.
    (1) You must calibrate, maintain and operate a system to 
continuously measure emissions of particulate matter (PM) from the 
smelter's main stack.
    (2) All PM collected by the smelter main stack continuous PM 
sampling system is reported as PM10 unless you

[[Page 2945]]

demonstrate to the satisfaction of the permitting authority that, due 
to an infrequent event, the measured PM contains a large fraction of 
particles greater than 10 microns in diameter.
    (3) To determine the mass emissions rate, the PM10 
concentration as determined by the smelter main stack continuous PM 
sampling system is multiplied by the volumetric flow rate for the 
smelter main stack and any necessary conversion factors.
    (4) Compliance with the PM10 emissions limit is 
demonstrated based on the average mass PM10 emissions rate 
for each 24-hour period.
    (5) The results of the PM monitoring and calculated average mass 
PM10 emissions rate for each 24-hour period must be recorded 
and the records maintained for at least 5 years. Collected data must be 
available for inspection when the required laboratory analysis is 
completed.
    (6) You must submit to the permitting authority by the 20th day of 
each month a report summarizing the 24-hour average mass 
PM10 emissions rates for the previous month.
    (7) You may certify initial compliance with the emissions limit in 
paragraph (a)(1) of this section based on the results of PM sampling 
conducted during the previous month.
    (c) Operation and maintenance requirements. (1) At all times, 
including periods of startup, shutdown, and malfunction, you must to 
the extent practicable, maintain and operate any affected source, 
including associated air pollution control equipment, in a manner 
consistent with good air pollution control practice for minimizing 
emissions. Determination of whether acceptable operating and 
maintenance procedures are being used will be based on information 
available to the permitting authority which may include, but is not 
limited to, monitoring results, opacity observations, review of 
operating and maintenance procedures, and inspection of the source.
    (2) All pollution control equipment must be installed, maintained, 
and operated properly. Instructions from the vendor or established 
maintenance practices that maximize pollution control must be followed. 
All necessary equipment control and operating devices, such as pressure 
gauges, amp meters, volt meters, flow rate indicators, temperature 
gauges, continuous emission monitors, etc., must be installed, operated 
properly, and easily accessible to compliance inspectors. A copy of all 
manufacturers' operating instructions for pollution control equipment 
and pollution emitting equipment must be maintained at your facility 
site. These instructions must be available to all employees who operate 
the equipment and must be made available to the permitting authority 
upon request. Maintenance records must be made available to the 
permitting authority upon request.
    (3) You must document the activities performed to assure proper 
operation and maintenance of the air pollution control equipment and 
monitoring systems or devices.
    (4) Except as provided in paragraph (c)(5) of this section, in the 
event of an emergency situation the owner or operator must comply with 
the requirements in paragraphs (c)(4)(i) through (iii) of this section. 
For the purposes of complying with this paragraph, an emergency 
situation is any situation arising from sudden and reasonably 
unforeseeable events beyond the control of the facility owner or 
operator that requires immediate corrective action to restore normal 
operation, and that causes the affected source to exceed an applicable 
emissions limitation under this subpart, due to unavoidable increases 
in emissions attributable to the emergency. An emergency must not 
include noncompliance to the extent it is caused by improperly designed 
equipment, lack of preventive maintenance, careless or improper 
operation, or operator error.
    (i) During the period of the emergency, you must implement all 
reasonable steps to minimize levels of emissions that exceed the 
emissions standards or other applicable requirements in this subpart.
    (ii) You must document through signed contemporaneous logs or other 
relevant evidence that an emergency occurred and you can identify the 
probable cause, your facility was being operated properly at the time 
the emergency occurred, and the corrective actions taken to minimize 
emissions as required by paragraph (c)(4)(i) of this section.
    (iii) You must submit a notice of the emergency to the permitting 
authority within two working days of the time when emissions 
limitations were exceeded due to the emergency (or an alternate 
timeframe acceptable to the permitting authority). This notice must 
contain a description of the emergency, any steps taken to mitigate 
emissions, and corrective actions taken.
    (5) As an alternative to the requirements in paragraph (c)(4) of 
this section, you must comply with the startup, shutdown, and 
malfunction requirements in 40 CFR 63.6(e)(3).
    (d) Deviations. You must submit written notification to the 
permitting authority of any deviation from the requirements of this 
subpart, including 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.
    (e) Reports. 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.
    (f) Records. (1) 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, where applicable, 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) You must maintain records of the activities performed to assure 
proper operation and maintenance of the air pollution control equipment 
and monitoring systems or devices. Records of these activities must be 
maintained for at least 5 years.


Sec.  63.11148  What are the standards and compliance requirements for 
existing sources using batch copper converters?

    (a) Emissions limits and work practice standards. (1) For each 
copper concentrate dryer, you must not discharge to the atmosphere from 
the dryer vent any gases that contain total particulate matter (PM) in 
excess of 0.022 grains per dry standard cubic foot (gr/dscf).
    (2) You must exhaust the process off gas from each smelting vessel 
to a control device according to the requirements in paragraphs 
(a)(2)(i) and (ii) of this section.
    (i) During periods when copper ore concentrate feed is charged to 
and smelted to form molten copper matte and slag layers in the smelting 
vessel, you must exhaust the process off gas from the smelting vessel 
to a gas cleaning system controlling PM and to a sulfuric acid plant 
prior to discharge to the atmosphere.
    (ii) During periods when no copper ore concentrate feed is charged 
to or molten material tapped from the smelting vessel but the smelting 
vessel

[[Page 2946]]

remains in operation to temporarily hold molten material in the vessel 
before resuming copper production, you must exhaust the process off gas 
from the smelting vessel to an electrostatic precipitator or baghouse 
prior to discharge to the atmosphere.
    (3) You must control the process emissions released when tapping 
copper matte or slag from a smelting vessel according to paragraphs 
(a)(3)(i) and (ii) of this section.
    (i) You must operate a capture system that collects the gases and 
fumes released when copper matte or slag is tapped from the smelting 
vessel. The design and placement of this capture system must be such 
that the tapping port opening, launder, and receiving vessel (e.g., 
ladle, slag pot) are positioned within the confines or influence of the 
capture system's ventilation draft during those times when the copper 
matte or slag is flowing from the tapping port opening.
    (ii) You must not cause to be discharged to the atmosphere from the 
capture system used to comply with paragraph (a)(3)(i) of this section 
any gases that contain total PM in excess of 0.022 gr/dscf.
    (4) For each batch copper converter, you must meet the requirements 
in paragraphs (a)(4)(i) through (iv) of this section.
    (i) You must operate a primary capture system that collects the 
process off gas vented when one or more batch copper converters are 
blowing. If you operate a batch copper converter that does not use a 
``U''-shaped side flue located at one end of the converter, then the 
capture system design must include use of a primary hood that covers 
the entire mouth of each batch copper converter vessel when the copper 
converter is positioned for blowing. The capture system may use 
multiple intake and duct segments through which the ventilation rates 
are controlled independently of each other.
    (ii) If you operate a batch copper converter that does not use a 
``U''-shaped side flue located at one end of the converter, then you 
must operate a secondary capture system that collects gases and fumes 
released from the batch copper converter when the converter mouth is 
rotated out partially or totally from within the confines or influence 
of the primary capture system's ventilation draft during charging, 
skimming, pouring, or holding. The capture system design must use 
additional hoods (e.g., sliding secondary hoods, air curtain hoods) or 
other capture devices (e.g., building evacuation systems). The capture 
system may use multiple intake and duct segments through which the 
ventilation rates are controlled independently of each other, and 
individual duct segments may be connected to separate PM control 
devices.
    (iii) You must exhaust the process off gas captured by the primary 
capture system that is used to comply with paragraph (a)(4)(i) of this 
section to a gas cleaning system controlling PM and to a sulfuric acid 
plant prior to discharge to the atmosphere.
    (iv) For each secondary capture system that is used to comply with 
paragraph (a)(4)(ii) of this section and is not vented to a gas 
cleaning system controlling PM and a sulfuric acid plant, you must not 
cause to be discharged to the atmosphere any gases that contain total 
particulate matter in excess of 0.02 grains/dscf.
    (b) Monitoring requirements for electrostatic precipitators. To 
monitor the performance of each electrostatic precipitator used to 
comply with the PM emissions limits in paragraph (a) of this section, 
you must use a continuous opacity monitoring system (COMS) that is 
installed at the outlet of each electrostatic precipitator or a common 
duct at the outlet of multiple electrostatic precipitators.
    (1) Each COMS must meet Performance Specification 1 in 40 CFR part 
60, appendix B.
    (2) You must comply with the quality assurance requirements in 
paragraphs (b)(2)(i) through (v) of this section.
    (i) You must automatically (intrinsic to the opacity monitor) check 
the zero and upscale (span) calibration drifts at least once daily. For 
a particular COMS, the acceptable range of zero and upscale calibration 
materials is as defined in the applicable version of Performance 
Specification 1 in 40 CFR part 60, appendix B.
    (ii) You must adjust the zero and span whenever the 24-hour zero 
drift or 24-hour span drift exceeds 4 percent opacity. The COMS must 
allow for the amount of excess zero and span drift measured at the 24-
hour interval checks to be recorded and quantified. The optical 
surfaces exposed to the effluent gases must be cleaned prior to 
performing the zero and span drift adjustments, except for systems 
using automatic zero adjustments. For systems using automatic zero 
adjustments, the optical surfaces must be cleaned when the cumulative 
automatic zero compensation exceeds 4 percent opacity.
    (iii) You must apply a method for producing a simulated zero 
opacity condition and an upscale (span) opacity condition using a 
certified neutral density filter or other related technique to produce 
a known obscuration of the light beam. All procedures applied must 
provide a system check of the analyzer internal optical surfaces and 
all electronic circuitry including the lamp and photodetector assembly.
    (iv) Except during periods of system breakdowns, repairs, 
calibration checks, and zero and span adjustments, the COMS must be in 
continuous operation and must complete a minimum of one cycle of 
sampling and analyzing for each successive 10 second period and one 
cycle of data recording for each successive 6-minute period.
    (v) You must reduce all data from the COMS to 6-minute averages. 
Six-minute opacity averages must be calculated from 36 or more data 
points equally spaced over each 6-minute period. Data recorded during 
periods of system breakdowns, repairs, calibration checks, and zero and 
span adjustments must not be included in the data averages. An 
arithmetic or integrated average of all data may be used.
    (3) You must evaluate opacity measurements from the COMS on a 24-
hour rolling average excluding periods of startup, shutdown, and 
malfunction. If the 24-hour rolling average opacity exceeds 15 percent, 
you must initiate investigation of the relevant controls or equipment 
within 24 hours of the first discovery of the high opacity incident 
and, if necessary, take corrective action as soon as practicable to 
adjust or repair the controls or equipment to reduce the opacity 
average to below the 15 percent level.
    (4) You must log in ink or electronic format and maintain a record 
of 24-hour opacity measurements performed in accordance with paragraph 
(b)(3) of this section and any corrective actions taken, if any. A 
record of corrective actions taken must include the date and time 
during which the 24-hour rolling average opacity exceeded 15 percent 
and the date, time and type of the corrective action.
    (c) Monitoring requirements for baghouses. To monitor the 
performance of each baghouse used to comply with PM emissions limits in 
paragraph (a) of this section, you must use a bag leak detection system 
according to the requirements in paragraphs (c)(1) through (4) of this 
section.
    (1) You must install, calibrate, maintain, and continuously operate 
a bag leak detection system for the baghouse to monitor the baghouse 
performance.
    (2) The baghouse leak detection system must meet the specifications 
and requirements in paragraphs (c)(2)(i) through (v) of this section.

[[Page 2947]]

    (i) The bag leak detection system must be certified by the 
manufacturer to be capable of detecting particulate matter emissions at 
concentrations that can effectively discern any dysfunctional leaks of 
the baghouse.
    (ii) The bag leak detection system sensor must provide output of 
relative or absolute particulate matter loadings.
    (iii) The bag leak detection system must be equipped with an alarm 
system that will sound automatically when an increase in relative 
particulate emissions over a preset level is detected. The alarm must 
be located where it is easily heard by plant operating personnel.
    (iv) The bag leak detection system must be installed downstream of 
the baghouse.
    (v) The bag leak detection system must be installed, operated, 
calibrated, and maintained in a manner consistent with the 
manufacturer's written specifications and recommendations. The 
calibration of the system must, at a minimum, consist of establishing 
the relative baseline output level by adjusting the sensitivity and the 
averaging period of the device and establishing the alarm set points 
and the alarm delay time.
    (3) If the bag leak detection system alarm sounds, you must 
initiate investigation of the baghouse within 24 hours of the first 
discovery of the alarm and, if necessary, take corrective action as 
soon as practicable to adjust or repair the baghouse to minimize 
possible exceedances of the applicable PM emissions limits in paragraph 
(a) of this section.
    (4) You must log in ink or electronic format and maintain a record 
of installation, calibration, maintenance, and operation of the bag 
leak detection system. If the bag leak detection system alarm sounds, 
the records must include an identification of the date and time of all 
bag leak detection alarms, their cause, and an explanation of the 
corrective actions taken, if any.
    (d) Alternative monitoring requirements for baghouses. As an 
alternative to the requirements in paragraph (c) of this section for 
bag leak detection systems, you must monitor the performance of each 
baghouse used to comply with a PM emissions limit in paragraph (a) of 
this section using a COMS that is installed at the outlet on the 
baghouse or a common duct at the outlet of multiple baghouses. Each 
COMS must meet the requirements in paragraphs (b)(1) through (4) of 
this section.
    (e) Performance testing. (1) You must demonstrate initial 
compliance with the applicable PM emissions limits in paragraph (a) of 
this section based on the results of a performance test for each 
affected source.
    (i) You may certify initial compliance for an affected source based 
on the results of a previous performance test conducted within the past 
12 months before your compliance date.
    (ii) If you have not conducted a performance test to demonstrate 
compliance with the applicable emissions limits within the past 12 
months before your compliance date, you must conduct a performance test 
within 180 days of your compliance date and report the results in your 
notification of compliance status.
    (2) You must demonstrate subsequent compliance with the applicable 
PM emissions limits in paragraph (a) of this section based on the 
results of repeat performance tests conducted at least every 2.5 years 
for each affected source.
    (3) You must conduct each performance test according to Sec.  
63.7(e)(1) using the test methods and procedures in paragraphs 
(e)(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 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.
    (f) Operation and maintenance requirements. (1) At all times, 
including periods of startup, shutdown, and malfunction, you must to 
the extent practicable, maintain and operate any affected source, 
including associated air pollution control equipment, in a manner 
consistent with good air pollution control practice for minimizing 
emissions. Determination of whether acceptable operating and 
maintenance procedures are being used will be based on information 
available to the permitting authority which may include, but is not 
limited to, monitoring results, opacity observations, review of 
operating and maintenance procedures, and inspection of the source.
    (2) All pollution control equipment must be installed, maintained, 
and operated properly. Instructions from the vendor or established 
maintenance practices that maximize pollution control must be followed. 
All necessary equipment control and operating devices, such as pressure 
gauges, amp meters, volt meters, flow rate indicators, temperature 
gauges, continuous emissions monitor, etc., must be installed, operated 
properly and easily accessible to compliance inspectors. A copy of all 
manufacturers' operating instructions for pollution control equipment 
and pollution emitting equipment must be maintained at your facility 
site. These instructions must be available to all employees who operate 
the equipment and must be made available to the permitting authority 
upon request. Maintenance records must be made available to the 
permitting authority upon request.
    (3) You must document the activities performed to assure proper 
operation and maintenance of the air pollution control equipment and 
monitoring systems or devices. Records of these activities must be 
maintained as required by the permitting authority.
    (4) Except as specified in paragraph (f)(5) of this section, in the 
event of an emergency situation, you must comply with the requirements 
specified in paragraphs (f)(4)(i) through (iii) of this section. For 
the purpose of complying with this paragraph, an emergency situation is 
any situation arising from sudden and reasonably unforeseeable events 
beyond the control of the facility owner or operator that requires 
immediate corrective action to restore normal operation and that causes 
the affected source to exceed applicable emission limitation under this 
subpart due to unavoidable increases in emissions attributable to the 
emergency. An emergency must not include noncompliance to the extent it 
is caused by improperly designed equipment, lack of preventive 
maintenance, careless or improper operation, or operator error.
    (i) During the period of the emergency you must implement all 
reasonable steps to minimize levels of emissions that exceeded the 
emission standards or other applicable requirements in this subpart.

[[Page 2948]]

    (ii) You must document through signed contemporaneous logs or other 
relevant evidence that an emergency occurred and you can identify the 
probable cause, your facility was being operated properly at the time 
the emergency occurred, and the corrective actions taken to minimize 
emissions as required by paragraph (f)(4)(i) of this section.
    (iii) You must submit a notice of the emergency to the permitting 
authority within two working days of the time when emission limitations 
were exceeded due to the emergency (or an alternate timeframe 
acceptable to the permitting authority). This notice must contain a 
description of the emergency, any steps taken to mitigate emissions, 
and corrective actions taken.
    (5) As an alternative to the requirements in paragraph (f)(4) of 
this section, you must comply with the startup, shutdown, and 
malfunction requirements in 40 CFR 63.6(e)(3).
    (g) Recordkeeping requirements. (1) You must maintain records of 
the occurrence and duration of any startup, shutdown, or malfunction in 
the operation of an affected source subject to this subpart; any 
malfunction of the air pollution control equipment; or any periods 
during which a continuous monitoring system or monitoring device is 
inoperative.
    (2) You must maintain a file of all measurements, including 
continuous monitoring system, monitoring device, and performance 
testing measurements; all continuous monitoring system performance 
evaluations; all continuous monitoring system or monitoring device 
calibration checks; adjustments and maintenance performed on these 
systems or devices; and all other information required by this section 
recorded in a permanent form suitable for inspection. The file must be 
retained for at least 5 years following the date of such measurements, 
maintenance, reports.
    (h) Reporting requirements. (1) You must prepare and submit to the 
permitting authority an excess emissions and monitoring systems 
performance report and summary report every calendar quarter. A less 
frequent reporting interval may used for either report as approved by 
the permitting authority.
    (2) The summary report must include the information in paragraphs 
(h)(2)(i) through (iv) of this section.
    (i) The magnitude of excess emissions computed, any conversion 
factor(s) used, and the date and time of commencement and completion of 
each time period of excess emissions. The process operating time during 
the reporting period.
    (ii) Specific identification of each period of excess emissions 
that occurs during startups, shutdowns, and malfunctions of the 
affected facility. The nature and cause of any malfunction (if known), 
the corrective action taken or preventative measures adopted.
    (iii) The date and time identifying each period during which the 
continuous monitoring system was inoperative except for zero and span 
checks and the nature of the system repairs or adjustments.
    (iv) When no excess emissions have occurred or the continuous 
monitoring system(s) have not been inoperative, repaired, or adjusted, 
such information must be stated in the report.


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

    (a) Emissions limits and work practice standards. (1) You must not 
discharge to the atmosphere exhaust gases that contain total PM in 
excess of 0.6 pound per ton of copper concentrate feed charged on a 24-
hour average basis from any combination of stacks, vents, or other 
openings on furnaces, reactors, or other types of process vessels used 
for the production of anode copper from copper sulfide ore concentrates 
by pyrometallurgical techniques. Examples of such process equipment 
include, but are not limited to, copper concentrate dryers, smelting 
flash furnaces, smelting bath furnaces, converting vessels, combined 
smelting and converting reactors, anode refining furnaces, and anode 
shaft furnaces.
    (2) You must operate a capture system that collects the gases and 
fumes released during the transfer of molten materials from smelting 
vessels and converting vessels and conveys the collected gas stream to 
a baghouse or other PM control device.
    (3) You must operate one or more capture systems that collect the 
gases and fumes released from each vessel used to refine blister 
copper, remelt anode copper, or remelt anode scrap and convey each 
collected gas stream to a baghouse or other PM control device. One 
control device may be used for multiple collected gas streams.
    (b) Monitoring requirements. (1) You must install, operate, and 
maintain a PM 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 affected source subject to 
the emissions limit in paragraph (a)(1) of this section. A single PM 
CEMS may be used for the combined exhaust gas streams from multiple 
affected sources 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 in paragraphs (b)(1)(i) through (iii) of 
this section.
    (i) You must install, certify, operate, and maintain the PM CEMS 
according to 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.
    (ii) 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.
    (iii) 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.
    (2) You must install, operate, and maintain a weight measurement 
system to measure and record the weight of the copper concentrate feed 
charged to the smelting vessel on a daily basis.
    (c) Compliance requirements. (1) You must demonstrate initial 
compliance with the emissions limit in paragraph (a)(1) of this section 
using the procedures in paragraph (c)(2) this section 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.
    (2) You must demonstrate continuous compliance with the emissions 
limit in paragraph (a)(1) of this section using the procedures in 
paragraph (c)(2)(i) through (iii) of this section whenever your 
facility is producing copper from copper concentrate.
    (i) 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 vessel according to the 
requirements in paragraph (b) of this section.
    (ii) You must calculate the daily average at the end of each 
calendar day for the preceding 24-hour period.
    (iii) 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.

[[Page 2949]]

    (d) Alternative startup, shutdown, and malfunction requirements. 
You must comply with the requirements specified in this paragraph as an 
alternative to the requirements in 40 CFR 63.6(e)(3). In the event of 
an emergency situation, you must comply with the requirements specified 
in paragraphs (d)(1) through (3) of this section. For the purpose of 
complying with this paragraph, an emergency situation is any situation 
arising from sudden and reasonably unforeseeable events beyond the 
control of the facility owner or operator that requires immediate 
corrective action to restore normal operation, and that causes the 
affected source to exceed an applicable emissions limitation under this 
subpart, due to unavoidable increases in emissions attributable to the 
emergency. An emergency must not include noncompliance to the extent it 
is caused by improperly designed equipment, lack of preventive 
maintenance, careless or improper operation, or operator error.
    (1) During the period of the emergency, you must implement all 
reasonable steps to minimize levels of emissions that exceeded the 
emission standards or other applicable requirements in this subpart.
    (2) You must document through signed contemporaneous logs or other 
relevant evidence that an emergency occurred and you can identify the 
probable cause, your facility was being operated properly at the time 
the emergency occurred, and the corrective actions taken to minimize 
emissions as required by paragraph (d)(1) of this section.
    (3) You must submit a notice of the emergency to the permitting 
authority within two working days of the time when emissions 
limitations were exceeded due to the emergency (or an alternate 
timeframe acceptable to the permitting authority). This notice must 
contain a description of the emergency, any steps taken to mitigate 
emissions, and corrective actions taken.
    (e) Reports. 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


Sec.  63.11150  What General Provisions apply to this subpart?

    (a) If you own or operate a new or existing 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.
    (b) If you own or operate an existing affected source subject to 
Sec.  63.11147, your notification of compliance status required by 
Sec.  63.9(h) must include the information specified in paragraphs 
(b)(1) through (4) of this section.
    (1) If you certify initial compliance with the PM emissions limit 
in Sec.  63.11147(a)(1) based on monitoring data from the previous 
month, your notification of compliance status must include this 
certification of compliance, signed by a responsible official: ``This 
facility complies with the PM emissions limit in Sec.  63.11147(a)(1) 
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.  63.11147(a)(1), your 
notification of compliance status must include the results of the 
performance test, including required monitoring data.
    (3) Your notification of compliance status must include this 
certification of compliance, signed by a responsible official, for the 
work practice standard in Sec.  63.11147(a)(2): ``This facility 
complies with the requirement to capture gases from transfer of molten 
materials from smelting vessels and converting vessels and convey them 
to a control device in accordance with Sec.  63.11147(a)(2).''
    (4) Your notification of compliance status must include this 
certification of compliance, signed by a responsible official, for the 
work practice standard in Sec.  63.11147(a)(3): ``This facility 
complies with the requirement to capture gases from operations in the 
anode refining department and convey them to a PM control device in 
accordance with Sec.  63.11147(a)(3).''
    (c) If you own or operate an existing affected source subject to 
Sec.  63.11148, your notification of compliance status required by 
Sec.  63.9(h) must include the information specified in paragraphs 
(c)(1) through (4) of this section.
    (1) If you certify initial compliance with the PM emissions limit 
in Sec.  63.11148(a)(1), (a)(3)(ii), and (a)(4)(iv) based on the 
results of a previous performance test conducted within the past 12 
months before your compliance date, your notification of compliance 
status must include this certification of compliance, signed by a 
responsible official: ``This facility complies with the PM emissions 
limit in Sec.  63.11148(a)(1) based on the results of a previous 
performance test.''
    (2) If you conduct a new performance test to demonstrate initial 
compliance with the PM emissions limits in Sec.  63.11148(a)(1), 
(a)(3)(ii), and (a)(4)(iv), your notification of compliance status must 
include the results of the performance test, including required 
monitoring data.
    (3) Your notification of compliance status must include this 
certification of compliance, signed by a responsible official, for the 
work practice standards in Sec.  63.11148(a)(2), and (a)(4)(iii): 
``This facility complies with the requirement to vent captured process 
gases to a gas cleaning system controlling PM and to a sulfuric acid 
plant in accordance with Sec.  63.11148(a)(2) and (a)(4)(iii).''
    (3) Your notification of compliance status must include this 
certification of compliance, signed by a responsible official, for the 
work practice standard in Sec.  63.11148(a)(3)(i): ``This facility 
complies with the requirement to operate capture systems to collect 
gases and fumes released when copper matte or slag is tapped from the 
smelting vessel in accordance with Sec.  63.11148(a)(3)(i).''
    (4) Your notification of compliance status must include this 
certification of compliance, signed by a responsible official, for the 
work practice standard in Sec.  63.11148(a)(4): ``This facility 
complies with the requirement to operate capture systems to collect 
gases and fumes released during batch copper converter operations in 
accordance with Sec.  63.11148(a)(4).''
    (d) If you own or operate a new affected source, your notification 
of compliance status required by Sec.  63.9(h) must include the 
information in paragraphs (d)(1) through (3) of this section.
    (1) Your notification of compliance status 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)(1).
    (2) Your notification of compliance status must include this 
certification of compliance, signed by a responsible official, for the 
work practice standard in Sec.  63.11149(a)(2): ``This facility 
complies with the requirement to capture gases from transfer of molten 
materials from smelting vessels and converting vessels and convey them 
to a PM control device in accordance with Sec.  63.11149(a)(2).''
    (3) Your notification of compliance status must include this 
certification of compliance, signed by a responsible official, for the 
work practice standard in Sec.  63.11149(a)(3): ``This facility 
complies with the requirement to capture gases from each vessel used to 
refine blister copper, remelt anode copper, or remelt anode scrap, and 
convey them to a PM control device in accordance with Sec.  
63.11149(a)(3).''

[[Page 2950]]

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 department means the area at a primary copper 
smelter in which anode copper refining operations are performed. 
Emissions sources in the anode refining department include anode 
refining furnaces and anode shaft furnaces.
    Baghouse means a control device that collects particulate matter by 
filtering the gas stream through bags. A baghouse is also referred to 
as a ``fabric filter.''
    Bag leak detection system means a system that is capable of 
continuously monitoring relative particulate matter (dust) loadings in 
the exhaust of a baghouse in order to detect bag leaks and other upset 
conditions. A bag leak detection system includes, but is not limited 
to, an instrument that operates on triboelectric, light scattering, 
transmittance or other effect to continuously monitor relative 
particulate matter loadings.
    Batch copper converter means a converter in which molten copper 
matte is charged and then oxidized to form blister copper by a process 
that is performed in discrete batches using a sequence of charging, 
blowing, skimming, and pouring.
    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.
    Charging means the operating mode for a batch copper converter 
during which molten or solid material is added into the vessel.
    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 to 
increase its copper content.
    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.
    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.
    Holding means the operating mode for a batch copper converter or a 
holding furnace associated with a smelting furnace during which the 
molten bath is maintained in the vessel but no blowing or smelting is 
performed nor is material added into or removed from the vessel.
    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.
    Pouring means the operating mode for a batch copper converter 
during which molten copper is removed from the vessel.
    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 
one or more 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.
    Skimming means the batch copper converter operating mode during 
which molten slag is removed from the vessel.
    Smelting vessel means a furnace, reactor, or other type of vessel 
in which copper ore concentrate and fluxes are smelted 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 (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 a test method 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.
    As required in Sec.  63.11150(a), you must comply with the 
requirements of the NESHAP General Provisions (40 CFR part 63, subpart 
A) as shown in the following table.

[[Page 2951]]



          Table 1 to Subpart EEEEEE of Part 63.--Applicability of General Provisions to Subpart EEEEEE
----------------------------------------------------------------------------------------------------------------
              Citation                       Subject          Applies to subpart 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               Yes.                         ......................
                                      Abbreviations.
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).              Standards and
                                      Maintenance
                                      Requirements--Applica
                                      bility and Compliance
                                      Dates.
63.6(e)............................  Operation and           Yes/No.....................  Operation and
                                      Maintenance                                          maintenance
                                      Requirements.                                        requirements do not
                                                                                           apply to existing
                                                                                           sources except that
                                                                                           the startup,
                                                                                           shutdown, and
                                                                                           malfunction
                                                                                           requirements in Sec.
                                                                                            63.6(e)(3) are
                                                                                           allowed as an
                                                                                           alternative to the
                                                                                           rule requirements for
                                                                                           emergency situations.
                                                                                           Operation and
                                                                                           maintenance
                                                                                           requirements apply to
                                                                                           new sources except
                                                                                           that the rule
                                                                                           requirements for
                                                                                           emergency situations
                                                                                           are allowed as an
                                                                                           alternative to the
                                                                                           startup, shutdown,
                                                                                           and malfunction
                                                                                           requirements in Sec.
                                                                                            63.6(e)(3).
63.6(f), (g), (i), (j).............  Compliance with         Yes.                         ......................
                                      Nonopacity Emission
                                      Standards.
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)-        ......................  Yes/No.....................  Requirements apply to
 (h)(5)(iii), (h)(6)-(h)(9).                                                               new sources but not
                                                                                           existing sources.
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              Yes.                         ......................
 (g).                                 Requirements.
63.8(a)(3).........................  Reserved..............  No.                          ......................
63.8(a)(4).........................  ......................  No.........................  Subpart EEEEEE 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),     Notification            Yes.                         ......................
 (c), (d), (h)(1)-(h)(3), (h)(5),     Requirements.
 (h)(6), (i), (j).
63.9(b)(3), (h)(4).................  Reserved..............  No.                          ......................
63.9(b)(4), (f)....................  ......................  No.                          ......................
63.9(e), (g).......................  ......................  Yes/No.....................  Notification
                                                                                           requirements for
                                                                                           performance test and
                                                                                           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/No.....................  Recordkeeping
 (d)(4), (d)(5), (f).                 Reporting                                            requirements apply to
                                      Requirements.                                        new sources but not
                                                                                           existing sources.
63.10(b)(2), (b)(3), (c)(1) (c)(5)-  ......................  Yes/No.....................  Recordkeeping
 (c)(8), (c)(10)-(c)(15), (e)(1),                                                          requirements apply to
 (e)(2).                                                                                   new sources but not
                                                                                           existing sources.
63.10(c)(2)-(c)(4), (c)(9).........  Reserved..............  No.                          ......................
63.10(d)(3), (e)(4)................  ......................  No.........................  Reporting requirements
                                                                                           apply to new sources
                                                                                           but not existing
                                                                                           sources.
63.10(e)(3)........................  ......................  Yes/No.....................  Reporting requirements
                                                                                           apply to new sources
                                                                                           but not existing
                                                                                           sources.
63.11..............................  Control Device          No.........................  Subpart EEEEEE does
                                      Requirements.                                        not 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.
----------------------------------------------------------------------------------------------------------------


[[Page 2952]]


0
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?
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.
    (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 startup a new affected source on or before January 23, 
2007, you must achieve compliance with the applicable provisions of 
this subpart not later than January 23, 2007.
    (b) If you startup a new affected source after January 23, 2007, 
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. 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 must 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 must 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. 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

[[Page 2953]]

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.
    (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 following:
    (1) The results of the initial performance tests and monitoring 
data collected during the test.
    (2) This certification of compliance, signed by a responsible 
official, for the work practice standard in Sec.  63.1155(b): ``This 
facility complies with the requirement for a capture system for each 
smelting furnace, melting furnace, or other vessel that contains molten 
material in accordance with Sec.  63.11155(b).''
    (3) 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).''
    (4) 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).''
    (5) This certification of compliance, signed by a responsible 
official, for the work practice standard 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

[[Page 2954]]

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.
    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.

          Table 1 to Subpart FFFFFF of Part 63.--Applicability of General Provisions to Subpart FFFFFF
----------------------------------------------------------------------------------------------------------------
              Citation                       Subject          Applies to subpart 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               Yes.
                                      Abbreviations.
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
 (h)(5)(iii), (h)(6)-(h)(9).                                                               not include opacity
                                                                                           or visible emissions
                                                                                           standards.
63.7...............................  Performance Testing     Yes.
                                      Requirements.
63.8(a)(1), (a)(2), (b), (f)(1)-(5)  Monitoring              Yes.
                                      Requirements.
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),     Notification            Yes.
 (c), (d), (e), (f), (g), (h)(1)-     Requirements.
 (h)(3), (h)(5), (h)(6), (i), (j).
63.9(b)(3), (h)(4).................  Reserved..............  No.
63.9(b)(4).........................  ......................  No.
63.9(f)............................  ......................  No.........................  Subpart FFFFFF does
                                                                                           not include opacity
                                                                                           or visible emissions
                                                                                           standards.
63.9(g)............................  ......................  No.........................  Subpart FFFFFF does
                                                                                           not require a
                                                                                           continuous monitoring
                                                                                           system.
63.10(a), (b)(2)(i)-(b)(2)(v),       Recordkeeping and       Yes.
 (b)(2)(xiv), (d)(1), (d)(2),         Reporting
 (d)(4), (d)(5), (e)(1), (e)(2),      Requirements.
 (f).
63.10(c)(2)-(c)(4), (c)(9).........  Reserved..............  No.
63.10(b)(2)(vi)-(b)(2)(xiii),        ......................  ...........................  Subpart FFFFFF does
 (c)(1), (c)(5)-(c)(14), (e)(1)-                                                           not require a
 (e)(2), (e)(4).                                                                           continuous 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
                                      Requirements.                                        not require flares.
63.12..............................  State Authorities and   Yes.
                                      Delegations.
63.13..............................  Addresses.............  Yes.
63.14..............................  Incorporations by       Yes........................
                                      Reference.

[[Page 2955]]


63.15..............................  Availability of         Yes........................
                                      Information and
                                      Confidentiality.
63.16..............................  Performance Track       Yes.
                                      Provisions.
----------------------------------------------------------------------------------------------------------------


0
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?
Table 1 to Subpart GGGGGG of Part 63--Applicability of General 
Provisions to Primary Zinc Production Area Sources

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.
    (b) The affected source is each existing or new primary zinc 
production 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 January 23, 
2007. If you startup a new sintering machine at an existing affected 
source after January 23, 2007, 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 January 23, 
2007, you must achieve compliance with applicable provisions in this 
subpart not later than January 23, 2007.
    (2) If you startup a new affected source after January 23, 2007, 
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) Except as provided in paragraph (b)(6) of this section, 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.
    (6) You may elect to meet an emissions limit of 0.005 gr/dscf as an 
alternative to the emissions limits in lb/hr in paragraphs (b)(1) 
through (3) of this section.
    (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 subject to an emissions limit 
in paragraph (b) of this section, you must demonstrate initial 
compliance with the applicable PM emissions limit in

[[Page 2956]]

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. If a furnace subject to an emissions limit in 
paragraph (b) of this section is not operating on the compliance date 
and subsequently resumes operation, you must conduct a performance test 
within 180 days of startup 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 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.
    (k) You must comply with the operation and maintenance requirements 
specified in paragraphs (k)(1) and (2) of this section and the 
requirements for emergency situations specified in paragraph (k)(3) or 
(4) of this section.
    (1) You must maintain all equipment covered under this subpart in 
such a manner that the performance or operation of such equipment does 
not cause a deviation from the applicable requirements.
    (2) You must keep a maintenance record for each item of air 
pollution control equipment. At a minimum, this record must show the 
dates of performing maintenance and the nature of preventative 
maintenance activities.
    (3) Except as specified in paragraph (k)(4) of this section, in the 
event of an emergency situation you must comply with the requirements 
in paragraphs (k)(3)(i) through (iii) of this section. For the purpose 
of complying with this paragraph, an emergency situation is any 
situation arising from sudden and reasonably unforeseeable events 
beyond the control of the facility owner or operator that require 
immediate corrective action to restore normal operation, and that cause 
the affected source to exceed applicable emission limitation under this 
subpart, due to unavoidable increases in emissions attributable to the 
emergency. An emergency must not include noncompliance to the extent it 
is caused by improperly designed equipment, lack of preventive 
maintenance, careless or improper operation, or operator error.
    (i) During the period of the emergency you must implement all 
reasonable steps to minimize levels of emissions that exceeded the 
emission standards or other applicable requirements in this subpart.
    (ii) You must document through signed contemporaneous logs or other 
relevant evidence that an emergency occurred and you can identify the 
probable cause, your facility was being operated properly at the time 
the emergency occurred, and the corrective actions taken to minimize 
emissions as required by paragraph (k)(3)(i) of this section.
    (iii) You must submit a notice of the emergency to the permitting 
authority within two working days of the time when emission limitations 
were exceeded due to the emergency (or an alternative timeframe 
acceptable to the permitting authority). This notice must contain a 
description of the emergency, any steps taken to mitigate emissions, 
and corrective actions taken.
    (4) As an alternative to the requirements in paragraph (k)(3) of 
this section, you must comply with the startup, shutdown, and 
malfunction requirements in 40 CFR 63.6(e)(3).


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

[[Page 2957]]

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 must 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 must 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. 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 (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

[[Page 2958]]

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.
    (i) As an alternative to the startup, shutdown, and malfunction 
requirements in 40 CFR 63.6(e)(3), you must comply with the 
requirements specified in this paragraph. In the event of an emergency 
situation, you must comply with the requirements in paragraphs (i)(1) 
through (3) of this section. For the purpose of complying with this 
paragraph, an emergency situation is any situation arising from sudden 
and reasonably unforeseeable events beyond the control of the facility 
owner or operator that require immediate corrective action to restore 
normal operation, and that cause the affected source to exceed 
applicable emission limitation under this subpart, due to unavoidable 
increases in emissions attributable to the emergency. An emergency must 
not include noncompliance to the extent it is caused by improperly 
designed equipment, lack of preventive maintenance, careless or 
improper operation, or operator error.
    (1) During the period of the emergency you must implement all 
reasonable steps to minimize levels of emissions that exceeded the 
emission standards or other applicable requirements in this subpart.
    (2) You must document through signed contemporaneous logs or other 
relevant evidence that an emergency occurred and you can identify the 
probable cause, your facility was being operated properly at the time 
the emergency occurred, and the corrective actions taken to minimize 
emissions as required by paragraph (i)(1) of this section.
    (3) You must submit a notice of the emergency to the permitting 
authority within two working days of the time when emission limitations 
were exceeded due to the emergency (or an alternative timeframe 
acceptable to the permitting authority). This notice must contain a 
description of the emergency, any steps taken to mitigate emissions, 
and corrective actions taken.


Sec.  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).''
    (5) If you use control devices other than baghouses, your 
notification of compliance status required by Sec.  63.9(h)

[[Page 2959]]

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) 
and (2) 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).

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.
    (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.

[[Page 2960]]

    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
----------------------------------------------------------------------------------------------------------------
              Citation                       Subject          Applies to subpart 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               Yes.
                                      Abbreviations.
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).              Standards and
                                      Maintenance
                                      Requirements--Applica
                                      bility Compliance
                                      Dates.
63.6(e)............................  Operation and           Yes/No.....................  Operation and
                                      Maintenance                                          maintenance
                                      Requirements.                                        requirements do not
                                                                                           apply to existing
                                                                                           sources except that
                                                                                           the startup,
                                                                                           shutdown, and
                                                                                           malfunction
                                                                                           requirements in Sec.
                                                                                            63.6(e)(3) are
                                                                                           allowed as an
                                                                                           alternative to the
                                                                                           rule requirements for
                                                                                           emergency situations.
                                                                                           Operation and
                                                                                           maintenance
                                                                                           requirements apply to
                                                                                           new sources except
                                                                                           that the rule
                                                                                           requirements for
                                                                                           emergency situations
                                                                                           are allowed as an
                                                                                           alternative to the
                                                                                           startup, shutdown,
                                                                                           and malfunction
                                                                                           requirements in Sec.
                                                                                            63.6(e)(3).
63.6(f), (g), (i), (j).............  Compliance with         Yes.
                                      Nonopacity Emission
                                      Standards.
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)-        ......................  Yes.
 (h)(5)(iii), (h)(6)-(h)(9).
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              Yes........................  Requirements in Sec.
 (g).                                 Requirements.                                        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),     Notification            Yes/No.....................  Notification of
 (c), (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
 (d)(3), (d)(5)(ii), (e)(1),                                                               requirements apply to
 (e)(2), (e)(4).                                                                           new sources 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
                                      Requirements.                                        not require flares.
63.12..............................  State Authorities and   Yes.
                                      Delegations.
63.13..............................  Addresses.............  Yes.
63.14..............................  Incorporations by       Yes.
                                      Reference.

[[Page 2961]]


63.15..............................  Availability of         Yes.
                                      Information and
                                      Confidentiality.
63.16..............................  Performance Track       Yes.
                                      Provisions.
----------------------------------------------------------------------------------------------------------------

 [FR Doc. E7-532 Filed 1-22-07; 8:45 am]

BILLING CODE 6560-50-P
