

[Federal Register: April 4, 2007 (Volume 72, Number 64)]
[Proposed Rules]               
[Page 16635-16676]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04ap07-30]                         


[[Page 16635]]

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Part IV





Environmental Protection Agency





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40 CFR Part 63



 National Emission Standards for Hazardous Air Pollutants for Area 
Sources: Acrylic and Modacrylic Fibers Production, Carbon Black 
Production, Chemical Manufacturing: Chromium Compounds, Flexible 
Polyurethane Foam Production and Fabrication, Lead Acid Battery 
Manufacturing, and Wood Preserving; Proposed Rule


[[Page 16636]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2006-0897; FRL-8293-2]
RIN 2060-AN44

 
National Emission Standards for Hazardous Air Pollutants for Area 
Sources: Acrylic and Modacrylic Fibers Production, Carbon Black 
Production, Chemical Manufacturing: Chromium Compounds, Flexible 
Polyurethane Foam Production and Fabrication, Lead Acid Battery 
Manufacturing, and Wood Preserving

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing six national emissions standards for 
hazardous air pollutants for seven area source categories. The proposed 
emissions standards and associated requirements for two area source 
categories (Flexible Polyurethane Foam Production and Flexible 
Polyurethane Foam Fabrication) are combined in one subpart. The 
proposed emissions standards for new and existing sources are based on 
EPA's proposed determination as to what constitutes the generally 
available control technology or management practices for each area 
source category.

DATES: Comments must be received on or before May 4, 2007, unless a 
public hearing is requested by April 16, 2007. If a hearing is 
requested on the proposed rules, written comments must be received by 
May 21, 2007. Under the Paperwork Reduction Act, comments on the 
information collection provisions must be received by OMB on or before 
May 4, 2007.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2006-0897 by one of the following methods:
     http://www.regulations.gov: Follow the on-line instructions for 

submitting comments.
     E-mail: a-and-r-docket@epa.gov.
     Fax: (202) 566-1741.
     Mail: National Emission Standards for Hazardous Air 
Pollutants for Area Sources: Acrylic and Modacrylic Fibers Production, 
Carbon Black Production, Chemical Manufacturing: Chromium Compounds, 
Flexible Polyurethane Foam Production and Fabrication, Lead Acid 
Battery Manufacturing, and Wood Preserving Docket, Environmental 
Protection Agency, Mailcode: 6102T, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460. Please include a total of two copies. In 
addition, please mail a copy of your comments on the information 
collection provisions to the Office of Information and Regulatory 
Affairs, Office of Management and Budget (OMB), Attn: Desk Officer for 
EPA, 725 17th St., NW., Washington, DC 20503.
     Hand Delivery: EPA Docket Center, Public Reading Room, EPA 
West, Room 3334, 1301 Constitution Ave., NW., Washington, DC 20460. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.

    Note: The EPA Docket Center suffered damage due to flooding 
during the last week of June 2006. The Docket Center is continuing 
to operate. However, during the cleanup, there will be temporary 
changes to Docket Center telephone numbers, addresses, and hours of 
operation for people who wish to make hand deliveries or visit the 
Public Reading Room to view documents. Consult EPA's Federal 
Register notice at 71 FR 38147 (July 5, 2006) or the EPA Web site at 
http://www.epa.gov/epahome/dockets.htm for current information on 

docket operations, locations and telephone numbers.

    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2006-0897. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information provided, 

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

The http://www.regulations.gov Web site is an ``anonymous access'' system, 

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

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

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

Emission Standards for Hazardous Air Pollutants for Area Sources: 
Acrylic and Modacrylic Fibers Production, Carbon Black Production, 
Chemical Manufacturing: Chromium Compounds, Flexible Polyurethane Foam 
Production and Fabrication, Lead Acid Battery Manufacturing, and Wood 
Preserving Docket, EPA/DC, 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, Sector Policies and 
Programs Division, Office of Air Quality Planning and Standards (D243-
02), Environmental Protection Agency, 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: 

I. General Information

A. Does this action apply to me?

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

------------------------------------------------------------------------
                                                  Examples of regulated
            Category             NAICS code \1\          entities
------------------------------------------------------------------------
Industry:
    Acrylic and modacrylic               325222  Area source facilities
     fibers production.                           that manufacture
                                                  polymeric organic
                                                  fibers using
                                                  acrylonitrile as a
                                                  primary monomer.

[[Page 16637]]


    Carbon black production....          325182  Area source facilities
                                                  that manufacture
                                                  carbon black using the
                                                  furnace, thermal, or
                                                  acetylene
                                                  decomposition process.
    Chemical manufacturing:              325188  Area source facilities
     chromium compounds.                          that produce chromium
                                                  compounds, principally
                                                  sodium dichromate,
                                                  chromic acid, and
                                                  chromic oxide, from
                                                  chromite ore.
    Flexible polyurethane foam           326150  Area source facilities
     production.                                  that manufacture foam
                                                  made from a
                                                  polyurethane polymer.
    Flexible polyurethane foam           326150  Area source facilities
     fabrication operations.                      that cut or bond
                                                  flexible polyurethane
                                                  foam pieces together
                                                  or to other
                                                  substrates.
    Lead acid battery                    335911  Area source facilities
     manufacturing.                               that manufacture lead
                                                  acid storage batteries
                                                  made from lead alloy
                                                  ingots and lead oxide.
    Wood preserving............          321114  Area source facilities
                                                  that treat wood such
                                                  as lumber, ties,
                                                  poles, posts, or
                                                  pilings with a
                                                  preservative.
------------------------------------------------------------------------
\1\ North American Industry Classification System.

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be affected by this 
action. To determine whether your facility would be regulated by this 
action, you should examine the applicability criteria in 40 CFR 
63.11393 of subpart LLLLLL (NESHAP for Acrylic and Modacrylic Fibers 
Production Area Sources), 40 CFR 63.11400 of subpart MMMMMM (NESHAP for 
Carbon Black Production Area Sources), 40 CFR 63.11407 of subpart 
NNNNNN (NESHAP for Chemical Manufacturing Area Sources: Chromium 
Compounds), 40 CFR 63.11414 of subpart OOOOOO (NESHAP for Flexible 
Polyurethane Foam Production and Fabrication Area Sources), 40 CFR 
63.11421 of subpart PPPPPP (NESHAP for Lead Acid Battery Manufacturing 
Area Sources), or 40 CFR 63.11428 of subpart QQQQQQ (NESHAP for Wood 
Preserving Area Sources). If you have any questions regarding the 
applicability of this action to a particular entity, consult either the 
air permit authority for the entity or your EPA regional representative 
as listed in 40 CFR 63.13 of subpart A (General Provisions).

B. What should I consider as I prepare my comments to EPA?

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

as CBI only to the following address: Roberto Morales, OAQPS Document 
Control Officer (C404-02), Office of Air Quality Planning and 
Standards, Environmental Protection Agency, Research Triangle Park, 
North Carolina 27711, Attention Docket ID EPA-HQ-OAR-2006-0897. Clearly 
mark the part or all of the information that you claim to be CBI. For 
CBI information in a disk or CD ROM that you mail to EPA, mark the 
outside of the disk or CD ROM as CBI and then identify electronically 
within the disk or CD ROM the specific information that is claimed as 
CBI. In addition to one complete version of the comment that includes 
information claimed as CBI, a copy of the comment that does not contain 
the information claimed as CBI must be submitted for inclusion in the 
public docket. Information so marked will not be disclosed except in 
accordance with procedures set forth in 40 CFR part 2.

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

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

D. When would a public hearing occur?

    If anyone contacts EPA requesting to speak at a public hearing 
concerning the proposed rules by April 16, 2007, we will hold a public 
hearing on April 19, 2007. If you are interested in attending the 
public hearing, contact Ms. Pamela Garrett at (919) 541-7966 to verify 
that a hearing will be held.

E. How is this document organized?

    The supplementary information presented in this preamble is 
organized as follows:

I. General Information
    A. Does this action apply to me?
    B. What should I consider as I prepare my comments to EPA?
    C. Where can I get a copy of this document?
    D. When would a public hearing occur?
    E. How is this document organized?
II. Background Information for Proposed Area Source Standards
III. Proposed Area Source NESHAP for Acrylic and Modacrylic Fibers 
Production
    A. What area source category is affected by the proposed NESHAP?
    B. What are the production processes and emissions points at 
facilities that manufacture acrylic and modacrylic fibers?
    C. What are the proposed requirements for area sources?
    D. What is our rationale for selecting the proposed standards 
for area sources?
IV. Proposed Area Source NESHAP for Carbon Black Production
    A. What area source category is affected by the proposed NESHAP?
    B. What are the production processes and emissions points at 
facilities that manufacture carbon black?
    C. What are the proposed requirements for area sources?
    D. What is our rationale for selecting the proposed standards 
for area sources?
V. Proposed Area Source NESHAP for Chemical Manufacturing: Chromium 
Compounds
    A. What area source category is affected by the proposed NESHAP?
    B. What are the production processes and emissions points at 
facilities that manufacture chromium compounds?
    C. What are the proposed requirements for area sources?
    D. What is our rationale for selecting the proposed standards 
for area sources?
VI. Proposed Area Source NESHAP for Flexible Polyurethane Foam 
Production and Fabrication
    A. What area source categories are affected by the proposed 
NESHAP?
    B. What are the production processes and emissions points for 
flexible polyurethane foam and fabrication?
    C. What are the proposed requirements for area sources?
    D. What is our rationale for selecting the proposed standards 
for area sources?
VII. Proposed Area Source NESHAP for Lead Acid Battery Manufacturing
    A. What area source category is affected by the proposed NESHAP?
    B. What are the production processes and emissions points at 
facilities that manufacture lead acid batteries?
    C. What are the proposed requirements for area sources?
    D. What is our rationale for selecting the proposed standards 
for area sources?

[[Page 16638]]

VIII. Proposed Area Source NESHAP for Wood Preserving
    A. What area source category is affected by the proposed NESHAP?
    B. What are the production processes and emissions points at 
wood preserving facilities?
    C. What are the proposed requirements for area sources?
    D. What is our rationale for selecting the proposed standards 
for area sources?
 IX. Proposed Exemption of Certain Area Source Categories From Title 
V Permitting Requirements
X. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination with 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children from 
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer Advancement Act
    J. Executive Order 12898: Federal Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Populations

II. Background Information for Proposed Area Source Standards

    Section 112(k)(3)(B) of the Clean Air Act (CAA) requires EPA to 
identify at least 30 hazardous air pollutants (HAP) that pose the 
greatest potential health threat in urban areas, and section 112(c)(3) 
requires EPA to regulate the area source \1\ categories that represent 
90 percent of the emissions of the 30 ``listed'' HAP (``urban HAP''). 
We implemented these listing requirements through the Integrated Urban 
Air Toxics Strategy (64 FR 38715, July 19, 1999).\2\ Sierra Club sued 
EPA, alleging a failure to complete standards for the source categories 
listed pursuant to CAA section 112(c)(3) 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 section 112(c)(3).
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    \1\ An area source is a stationary source of HAP emissions that 
is not a major source. A major source is a stationary source that 
emits or has the potential to emit 10 tons per year (tpy) or more of 
any HAP or 25 tpy or more of any combination of HAP.
    \2\ Since its publication in the Integrated Urban Air Toxics 
Strategy in 1999, the area source category list has undergone 
several amendments.
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    Among other things, the order requires that, by June 15, 2007, EPA 
complete standards for six area source categories. We have selected 
seven area source categories to meet this obligation even though 
standards are required for only six area sources categories. The seven 
area source categories that we have selected to meet this obligation 
are: (1) Acrylic and Modacrylic Fibers Production; (2) Carbon Black 
Production; (3) Chemical Manufacturing: Chromium Compounds; (4) 
Flexible Polyurethane Foam Production; (5) Flexible Polyurethane Foam 
Fabrication Operations; (6) Lead Acid Battery Manufacturing; and (7) 
Wood Preserving.
    We listed Flexible Polyurethane Foam Fabrication Operations as an 
area source category under CAA section 112(c)(3) as part of the 1999 
Integrated Urban Strategy (64 FR 38721, July 19, 1999). On June 26, 
2002, we amended the area source category list by adding source 
categories, including Acrylic and Modacrylic Fibers Production, 
Flexible Polyurethane Foam Production, Lead Acid Battery Manufacturing, 
and Wood Preserving (67 FR 43112, 43113). On November 22, 2002, we 
added Carbon Black Production and Chemical Manufacturing: Chromium 
Compounds to the area source category list (67 FR 70427, 70428).
    The inclusion of each of these source categories on the section 
112(c)(3) area source category list is based on 1990 emissions data, as 
EPA used 1990 as the baseline year for that listing. The Acrylic and 
Modacrylic Fibers area source category listing was based on emissions 
of the HAP acrylonitrile (AN). Emissions of chromium were the basis for 
the listing of the Chemical Manufacturing: Chromium Compounds source 
category. The Lead Acid Battery Manufacturing area source category 
listing was based on emissions of lead and cadmium. The listing of 
Carbon Black Production was based on HAP emissions of polycyclic 
organic matter (POM). The listings of Flexible Polyurethane Foam 
Production and Flexible Polyurethane Foam Fabrication Operations were 
based on HAP emissions of methylene chloride, and the listing of Wood 
Preserving was based on HAP emissions of arsenic, chromium, methylene 
chloride, and dioxin.
    Under CAA section 112(d)(5), the Administrator may, in lieu of 
standards requiring maximum achievable control technology (MACT) under 
section 112(d)(2), elect to promulgate standards or requirements for 
area sources ``which provide for the use of generally available control 
technologies or management practices by such sources to reduce 
emissions of hazardous air pollutants.'' Under section 112(d)(5), the 
Administrator has the discretion to use generally available control 
technology or management practices (GACT) in lieu of MACT. Pursuant to 
section 112(d)(5), we have decided not to issue MACT standards and 
concluded that GACT is appropriate for these seven source categories.
    Legislative history describes GACT as standards or requirements 
reflecting application of generally available control technology or 
management practices, that is, ``methods, practices and techniques 
which are commercially available and appropriate for application by the 
sources in the category considering economic impacts and the technical 
capabilities of the firms to operate and maintain the emissions control 
systems'' (Senate Report Number 101-228, December 20, 1989). Consistent 
with the legislative history, in addition to considering technical 
capabilities of the facilities and the availability of control 
measures, we may consider costs and economic impacts in determining 
GACT, which is particularly important when developing regulations for 
source categories that may have few establishments and many small 
businesses, or when determining whether additional control is necessary 
for sources with emissions that are already well controlled as a result 
of other existing or applicable standards.
    Determining what constitutes GACT involves considering the control 
technologies and management practices that are generally available to 
the area sources in the source category. We also consider the standards 
applicable to major sources in the same industrial sector to determine 
if the control technologies and management practices are transferable 
and generally available to area sources. In appropriate circumstances, 
we may also consider technologies and practices at area and major 
sources in similar categories to determine whether such technologies 
and practices could be considered generally available for the area 
source category at issue. Finally, as noted above, in determining GACT 
for a particular area source category, we consider the costs and 
economic impacts of available control technologies and management 
practices on that category.
    Existing facilities in the area source categories at issue in this 
proposal are currently well controlled as a result of State and 
national standards and permitting requirements for criteria pollutants 
that obtain co-control of HAP. There is only one area source plant in 
the U.S. in the Acrylic and Modacrylic Fibers Production area

[[Page 16639]]

source category, and this plant is currently subject to State permit 
requirements. The two area source plants that manufacture chromium 
compounds and the one area source plant in the Carbon Black Production 
area source category are well controlled as a result of title V permit 
requirements for the control of criteria pollutants, which provide co-
control of urban HAP. We believe that all of the 58 area source plants 
in the Lead Acid Battery Manufacturing area source category can achieve 
the requirements of the new source performance standard (NSPS) for 
lead-acid battery manufacturing plants at 40 CFR part 60, subpart KK. 
Facilities constructed, reconstructed, or modified after 1982 are 
already subject to the NSPS.
    There are hundreds of facilities in the Flexible Polyurethane Foam 
Production and Flexible Polyurethane Foam Fabrication area source 
categories, which were listed because of the use of methylene chloride. 
The vast majority of these facilities no longer use methylene chloride 
in the processes for several reasons, including State air emissions 
standards and worker exposure limits established by the Occupational 
Safety and Health Administration (OSHA).
    There are approximately 400 area source facilities in the wood 
preserving area source category. All of these facilities are well 
controlled in terms of metal HAP (i.e., chromium and arsenic) emissions 
and dioxin emissions. These facilities have also discontinued the use 
of methylene chloride.

III. Proposed Area Source NESHAP for Acrylic and Modacrylic Fibers 
Production

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

    The Acrylic and Modacrylic Fibers Production area source category 
consists of facilities engaged in the manufacture of synthetic fibers 
made from AN. Acrylic fibers are synthetic fibers in which the fiber-
forming substance is any long-chain synthetic polymer composed of at 
least 85 percent by weight of AN. Modacrylic fibers are composed of 35 
to 85 percent by weight of AN.
    There are currently four plants in the U.S. that are known to 
produce acrylic and modacrylic fibers. Three of these plants are major 
sources. The fourth plant is an area source and is located in an urban 
area (Decatur, Alabama). The area source plant produces 
polyacrylonitrile that is primarily used as a feed stock for the 
production of carbon fibers.

B. What are the production processes and emissions points at facilities 
that manufacture acrylic and modacrylic fibers?

    Acrylonitrile is the only urban HAP that was reported to be 
released during the production of acrylic and modacrylic fibers at the 
one known existing area source plant. The AN is fed to a polymerization 
reactor where the reaction (polymerization) takes place. The area 
source plant uses a suspension process in which insoluble beads of 
polymer are formed in the reactor. Residual unreacted AN is removed 
from the polymer in a monomer recovery column and is recycled to the 
process. After removal of the residual AN, the resulting polymer is 
spun into fibers. Fibers are formed by forcing the viscous polymer 
solution, referred to as ``dope,'' through the small orifices of a 
spinnerette and immediately solidifying or precipitating the resulting 
filaments.
    At the area source plant, two 100,000 gallon storage tanks that 
receive the purchased AN monomer are controlled by internal floating 
roofs and are subject to the NSPS for volatile organic liquids (40 CFR 
part 60, subpart Kb). A packed column scrubber controls emissions from 
the polymerization process equipment, including storage tanks, 
recovered monomer tanks, monomer measuring tanks, monomer preparation 
tanks, monomer feed tanks, slurry receiver tanks, polymerization 
reactors, and drum filters. A second packed column scrubber controls 
emissions from the monomer recovery process, including polymer holding 
tanks, polymer buffer tanks, the monomer vacuum pump flush drum, and 
the drum filter vacuum pump flush drum.
    Many of the pumps which move AN at this facility are canned motor 
pumps, which have no shaft protrusion to seal. The common leak point on 
other types of pumps is the seal for the shaft protrusion; 
consequently, canned motor pumps by design reduce leakage. Most of the 
piping is connected by welding rather than flanges, which reduces 
emissions from pipe connectors.

C. What are the proposed requirements for area sources?

1. Applicability and Compliance Dates
    These proposed NESHAP apply to any existing or new acrylic or 
modacrylic fibers production plant that is an area source. We are 
proposing that owners or operators of existing sources comply with all 
the requirements of the area source NESHAP by 6 months after the date 
of publication of the final rule in the Federal Register. A new 
affected source would be required to comply by the date of publication 
of the final rule in the Federal Register or upon initial startup, 
whichever is later.
2. Proposed Emissions Standards
    Existing sources. The proposed standards for existing area sources 
apply to process vents from the polymerization process, process vents 
from monomer recovery, spinning lines at plants that do not have a 
monomer recovery process, and AN storage tanks. We are proposing to 
adopt the State permit requirements applicable to the one existing area 
source as the NESHAP for existing acrylic and modacrylic fiber 
production area sources. The State operating permit for the existing 
area source establishes numerical limits for AN emissions from the 
control devices for polymerization process equipment and monomer 
recovery process equipment. The permit also establishes operating 
limits for the scrubbers.
    The control device for polymerization process equipment would be 
subject to an AN emissions limit of 0.2 pound per hour (lb/hr). A 
control device operating limit would require a minimum daily average 
water flow rate to the scrubber of 50 liters per minute (l/min). The 
control device for emissions from the monomer recovery process 
equipment would be subject to an AN emissions limit of 0.05 lb/hr, and 
the daily average water flow rate must not drop below 30 l/min.
    This proposed rule does not include requirements for spinning lines 
for existing sources that remove residual AN using a monomer recovery 
process prior to spinning. (See section D.1 of this preamble.) However, 
existing sources that do not have a monomer recovery process prior to 
spinning must meet the requirements for spinning lines in 40 CFR part 
63, subpart YY.
    This proposed NESHAP for existing sources would require that AN 
storage tanks meeting certain capacity/vapor pressure conditions comply 
with one of three control options: (1) A fixed roof in combination with 
an internal floating roof, (2) an external floating roof, or (3) a 
closed vent system and control device.
    New sources. The proposed standards for new area sources apply to 
process vents, fiber spinning lines, AN storage tanks, process 
wastewater, maintenance wastewater, and equipment leaks. The proposed 
process vent requirements apply to each vent stream with an AN 
concentration of 50 parts per million by volume (ppmv) or greater and a 
flow rate of 0.005 cubic meters per minute or greater. The owner or 
operator would be required to control AN emissions from process vents 
meeting this applicability criteria by reducing uncontrolled

[[Page 16640]]

emissions by 98 weight percent or meeting an emissions limit (20 ppmv) 
by venting vapors through a closed vent system to a recovery device, 
control device, or flare. The owner or operator would be required to 
determine which process vents meet the applicability criteria by using 
the procedures and methods in Sec.  63.1104 of subpart YY. The closed 
vent system, recovery or control device, and flare would be subject to 
the applicable testing, monitoring, recordkeeping, and reporting 
requirements in 40 CFR part 63, subpart SS. The owner or operator would 
be required to submit a monitoring plan if another type of control 
device is used.
    The proposed emissions limits for fiber spinning lines at new 
sources require the owner or operator to: (1) Reduce AN emissions by 85 
weight-percent (e.g., by venting emissions from a total enclosure 
through a closed vent system to a control device that meets the 
requirements in 40 CFR part 63, subpart SS), (2) reduce AN emissions 
from the spinning line to 0.5 pounds of AN per ton (lb/ton) of acrylic 
and modacrylic fiber produced, or (3) reduce the AN concentration of 
the spin dope to less than 100 parts per million by weight (ppmw). The 
requirements in 63.1103(b)(4) of subpart YY would apply to an enclosure 
for a fiber spinning line.
    For all AN storage vessels at a new area source, the owner or 
operator would be required to: (1) Reduce AN emissions by 98 weight-
percent by venting emissions through a closed vent system to any 
combination of control devices as specified in Sec.  63.982(a)(1) of 
subpart SS or reduce AN emissions by 95 weight-percent or greater by 
venting emissions through a closed system to a recovery device as 
specified in Sec.  63.993 of subpart SS; or (2) comply with the 
equipment standards for internal or external floating roofs in 40 CFR 
part 63, subpart WW.
    Process wastewater and maintenance wastewater at new sources would 
be subject to the requirements in Sec.  63.1106(a) and (b) of subpart 
YY. The owner or operator would also be required to comply with the 
equipment leak requirements in subpart YY. Subpart YY applies the 
requirements in either subpart TT or UU to equipment that contains or 
contacts 10 percent by weight or greater of AN and that operates at 
least 300 hours per year.
3. Compliance Requirements
    We are proposing to include in this proposed NESHAP the monitoring, 
testing, recordkeeping, and reporting requirements in the State 
operating permit for the existing area source. Continuous parameter 
monitoring systems (CPMS) would be required to measure and record the 
scrubber water flow rates at least every 15 minutes. The owner or 
operator would determine compliance with the daily average operating 
limits for the scrubber water flow rates on a monthly basis and submit 
quarterly compliance reports to EPA or the delegated authority. 
Compliance with the operating limits would be determined on a monthly 
basis; quarterly compliance reports also would be required. The owner 
or operator would be required to keep records of each monthly 
compliance determination and retain the records for at least 2 years 
following the date of each compliance determination. If the daily 
average water flow rate falls below the operating limit, the owner or 
operator must notify EPA or the delegated authority within 10 days of 
the identification of the exceedance.
    The owner or operator of an existing source would be required to 
conduct a performance test for each control device for polymerization 
process equipment and monomer recovery process equipment. A performance 
test would not be required for an existing source if a prior 
performance test has been conducted using the methods required by this 
rule, which are the requirements contained in Sec.  63.1104 of subpart 
YY, and either no process changes have been made since the test, or the 
owner or operator can demonstrate that the results of the performance 
test, with or without adjustments, reliably demonstrate compliance 
despite process changes.
    For AN storage tanks at existing sources, the owner or operator 
would be required to comply with the applicable testing, inspection, 
and notification procedures in 40 CFR 60.113b(a) and the recordkeeping 
and reporting requirements in 40 CFR 60.115b and 60.116b of subpart Kb. 
The testing, monitoring, recordkeeping, and reporting requirements in 
40 CFR part 65, subpart C would apply if the owner or operator selected 
to comply with the part 65 control option for AN storage tanks. See 40 
CFR 60.110b(e).
    The owner or operator of an existing area source would be required 
to comply with certain notification requirements in 40 CFR 63.9 of the 
General Provisions (40 CFR part 63, subpart A). These requirements 
would include a notification of applicability and a notification of 
compliance status. We are also proposing that the owner or operator 
comply with the requirements for startup, shutdown, and malfunction 
(SSM) plans, reports, and records in 40 CFR 63.6(e)(3).
    In the notification of compliance status required in 40 CFR 
63.9(h), the owner or operator of an existing source may certify 
initial compliance with the emissions limits based on a previous 
performance test if applicable. The owner or operator must also certify 
initial compliance with the NSPS requirements in 40 CFR part 60, 
subpart Kb.
    The owner or operator of a new area source would be required to 
perform assessments \3\ to identify affected process vents, equipment, 
and wastewater streams; conduct initial performance tests and/or 
compliance demonstrations; and comply with the monitoring, inspection, 
recordkeeping, and reporting requirements in each applicable subpart. 
The testing, monitoring, recordkeeping, and reporting requirements in 
the subparts described above, which we are adopting in this proposed 
rule, vary according to the emissions point and control option (e.g., 
subpart SS for process vents). The owner or operator of a new area 
source would also be required to comply with all of the NESHAP General 
Provisions (40 CFR part 63, subpart A), including requirements for 
notifications; performance tests and reports; SSM plans and reports; 
recordkeeping, and reporting. We have identified in the proposed NESHAP 
the General Provisions of 40 CFR part 63 applicable to existing and new 
sources.
---------------------------------------------------------------------------

    \3\ These assessments are used to determine which process vents 
and wastewater streams must be controlled.
---------------------------------------------------------------------------

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

1. Selection of Proposed Standards
    Existing sources. The process vents at the existing area source 
plant are controlled by packed bed scrubbers and are subject to 
emissions limits established in the State operating permit. Emissions 
from the polymerization process equipment are limited to 0.2 lb/hr. 
This process equipment includes process storage tanks, recovered 
monomer tanks, monomer measuring tanks, monomer preparation tanks, 
monomer feed tanks, the polymerization reactors, and drum filter. 
Emissions from the monomer recovery process equipment are limited to 
0.05 lb/hr. These process units include the polymer holding tank, 
polymer buffer tank, monomer vacuum pump flush drum, and the drum 
filter vacuum pump flush drum. Test data for these two process vents 
show that the vents are well controlled because the

[[Page 16641]]

facility achieves the level of control required for major sources 
subject to 40 CFR part 63, subpart YY. We have determined that the 
State operating permit limits are GACT for process vents at existing 
area sources.
    The fiber spinning line at the existing area source plant is not a 
source of AN emissions because the residual monomer is stripped from 
the polymer in a monomer recovery column prior to spinning. However, 
other existing facilities might become area sources in the future, and 
they might not have a monomer recovery process. Consequently, we are 
proposing that any existing source without a monomer recovery process 
must reduce the residual AN concentration in the polymer by removing 
residual monomer prior to spinning or install an enclosure for the 
spinning line and vent the emissions to a control device. Existing area 
sources without a monomer recovery process must meet requirements for 
fiber spinning lines in 40 CFR part 63, subpart YY. We have determined 
that the requirements in 40 CFR part 63, subpart YY are GACT for 
existing area sources without a monomer recovery process.
    The AN storage tanks at the existing area source plant are subject 
to the NSPS for volatile organic liquids (40 CFR part 60, subpart Kb). 
The NSPS requires that a storage tank meeting certain capacity/vapor 
pressure conditions comply with either the requirements for storage 
vessels in subpart C of 40 CFR part 65 (Consolidated Federal Air Rules) 
or the NSPS requirements for a fixed roof in combination with an 
internal floating roof, an external floating roof, or a closed vent 
system and control device. The AN storage tanks at the existing area 
source are equipped with internal floating roofs to comply with the 
NSPS requirements. The controls in the NSPS are currently being applied 
to AN storage tanks and are the types of controls generally applied to 
tanks storing volatile organic liquids. Consequently, we determined 
that the controls required by the NSPS are GACT for storage tanks at 
existing sources.
    The potential for emissions from equipment leaks is low at the 
existing area source plant because of the use of canned motor pumps and 
pipes connected in large part by welding rather than flanges. A 
fugitive emissions survey using EPA's protocol for estimating emissions 
from equipment leaks coupled with capture and measurement of leaks 
resulted in estimated emissions of only 0.5 tpy of AN (assuming any 
leak that was detected emitted for the full year). A leak detection and 
repair program for this plant would cost several thousand dollars in 
labor and in capital for the monitoring equipment. After considering 
the low level of current emissions, the additional costs, and the small 
emissions reduction that would be achieved by a leak detection and 
repair program, we propose that GACT for existing area sources is no 
additional control for equipment leaks.
    Wastewater at the existing plant is sent to a biological treatment 
unit to degrade AN. Emissions of organic compounds from wastewater can 
be reduced by steam stripping the wastewater to remove and recover the 
organics. We estimate that the capital cost of steam stripping to 
remove AN from the wastewater at the existing area source plant is 
$700,000 with a total annualized cost of $630,000 per year. Even 
assuming 90 percent removal by the steam stripper, the emissions 
reduction would be 7 tons per year. We propose to conclude that 
pretreatment using steam stripping is not GACT because of the high cost 
effectiveness of processing a low concentration stream with a high 
volumetric flow rate. This conclusion is consistent with previous cost 
effectiveness analyses such as those performed for major sources where 
EPA determined that it is not cost effective to apply controls to 
wastewater below certain cutoffs (e.g., a concentration less than 1,000 
ppmw and a flow rate less than 10 liters per minute (57 FR 62608, 
December 31, 1992). The process wastewater at the existing area source 
is below these cutoffs. Consequently, we are not proposing additional 
controls for wastewater at the existing area source plant and conclude 
that GACT is the current level of control.
    We are alternatively proposing that GACT for this existing area 
source is no further emission reduction. We request comment on the 
basis, consistent with section 112(d)(5), for asserting that GACT is no 
further control for the existing source. We request comment on this 
issue because the standard proposed above will not result in any 
emission reductions beyond what is already required by the State permit 
to which the existing facility is already subject.
    New Sources. Test results for the control devices applied to 
process vents at the existing area source show that a standard of 98 
weight-percent reduction or an outlet concentration of 20 ppmv or less 
has been achieved by the controls we propose as GACT at the existing 
source.\4\ Consequently, we are proposing that GACT for process vents 
at a new area source is a 98 weight-percent reduction of AN emissions, 
an outlet concentration of 20 ppmv or less, or venting emissions to a 
flare. This format of the proposed standard is more appropriate for new 
sources than a process vent limit expressed in lb/hr (as applied to the 
existing area source) because we do not know what the size, 
configuration, or emissions potential of a new source might be.
---------------------------------------------------------------------------

    \4\ This is also the level of control that major sources must 
meet for process vents.
---------------------------------------------------------------------------

    As discussed earlier, the fiber spinning line at the existing area 
source plant is not a source of AN emissions because the residual 
monomer is stripped from the polymer in a monomer recovery column prior 
to spinning. However, we cannot be certain what process configuration a 
new source might use or that it would have a monomer recovery system. 
Consequently, we are proposing that a new source must reduce the 
residual AN concentration in the polymer by removing residual monomer 
prior to spinning or install an enclosure for the spinning line and 
vent the emissions to a control device. Data from acrylic and 
modacrylic fiber production indicates that a monomer recovery system 
can reduce the AN concentration in the spin dope to less than 100 ppmw, 
which we are proposing as GACT for new area sources. We are proposing 
alternatives to the AN residual concentration limit for new sources 
that are the same as the alternatives that are available for major 
sources in 40 CFR part 63, subpart YY. One alternative is to reduce AN 
emissions from the spinning line by 85 weight-percent or more. The 
second alternative is to reduce AN emissions from the spinning line to 
less than or equal to 0.5 lb/ton of acrylic and modacrylic fiber 
produced.
    For storage tanks at new area sources, we are proposing to adopt 
the requirements in 40 CFR part 63, subpart YY. These requirements have 
been applied to AN storage tanks at other acrylic and modacrylic fiber 
plants and represent GACT for new sources because they are cost 
effective and can be easily included in the design and construction of 
a new source.
    We also evaluated emissions controls and management practices for 
equipment leaks at new sources. We know that equipment leaks are well 
controlled at the existing area source facility; however, we do not 
know with assurance that a new source will have primarily leakless 
equipment. In addition, our studies of synthetic organic chemical 
plants indicate that leak inspection and repair requirements are cost 
effective and not overly burdensome. Consequently, we are

[[Page 16642]]

proposing that new area sources be subject to the same equipment leak 
provisions as those applied to major sources in 40 CFR part 63, subpart 
YY.
    For wastewater streams at new area sources, we do not know what 
flow rates, concentrations and emissions potential might occur, but our 
studies of wastewater treatment controls indicate that it is cost 
effective to control these emissions when the concentration of AN is 
high. For example, at most acrylic and modacrylic fiber plants, all 
wastewater streams with a concentration of 10,000 parts per million by 
weight (ppmw) or more must be controlled, as well as streams with both 
a concentration of 1,000 ppmw or more and a flow rate of 10 l/min or 
more. Controls are not required for wastewater streams below these 
cutoffs because they are not cost effective. Thus we are proposing that 
GACT for new sources is the control of wastewater streams that exceed 
the cutoffs of concentration and/or flow rate as specified in subpart 
YY.
2. Selection of Proposed Compliance Requirements
    We have reviewed the compliance requirements in the State operating 
permit, the NSPS for volatile organic liquid storage tanks, and other 
requirements that apply to the existing area source plant, and we 
propose that these requirements are sufficient to ensure compliance 
with the proposed emissions standards. Therefore, we are proposing to 
include the inspection, monitoring, recordkeeping, and reporting 
requirements that apply to the existing area source plant in this 
proposed rule for existing sources.
    We are proposing to require that an existing area source be subject 
to certain notification requirements in the NESHAP General Provisions 
(40 CFR part 63, subpart A). Because permit information for the 
existing facility does not identify requirements for an SSM plan, we 
are also proposing to require the owner or operator of an existing area 
source to comply with the SSM requirements in 40 CFR 63.6(e)(3). We are 
proposing to allow additional time (6 months after promulgation) to 
allow for preparation of the plan.
    We have also reviewed the compliance requirements in the subparts 
of part 63 that would apply to process vents, storage tanks, equipment 
leaks, and wastewater at new area sources as a result of this proposed 
rule. These requirements are sufficient to ensure compliance with the 
proposed emissions limits and management practices. Therefore, we are 
proposing to include the testing, monitoring, recordkeeping, and 
reporting requirements in each applicable subpart in this proposed rule 
for new sources.
    We are also proposing to apply to new sources the notification, 
testing, monitoring, operation and maintenance, recordkeeping, and 
reporting requirements in the part 63 General Provisions (40 CFR part 
63, subpart A). The General Provisions are necessary for effective 
application of the standard for new area sources and are, therefore, 
incorporated into the proposed rule. We propose that these requirements 
are sufficient to ensure compliance with the proposed emissions limits 
and management practices for new sources.

IV. Proposed Area Source NESHAP for Carbon Black Production

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

    The Carbon Black Production area source category includes any 
facility that produces carbon black by the furnace black process, 
thermal black process, or the acetylene decomposition process. Carbon 
black is used primarily as a reinforcing agent for rubber and is used 
largely in the manufacturing of automotive tires. It is also used as a 
colorant in inks, paints, plastics, and paper.
    Currently, there are 20 carbon black production facilities 
operating in the U.S. Nineteen of these facilities are major sources of 
HAP emissions and are subject to NESHAP requirements for carbon black 
production in 40 CFR part 63, subpart YY. According to the National 
Emissions Inventory (NEI) and the Toxics Release Inventory (TRI), one 
carbon black production facility is an area source of HAP emissions. We 
are requesting comments on whether there are any other area sources in 
this source category.

B. What are the production processes and emissions points at facilities 
that manufacture carbon black?

    A carbon black unit (CBU) consists of the equipment used to produce 
carbon black by either the furnace, thermal or acetylene decomposition 
processes. The major components of the CBU include: (1) Feedstock and 
raw material storage tanks; (2) production unit reactors; (3) 
separation filters; (4) wet or dry pelletization equipment and 
densification equipment; (5) final product silos and packaging for 
pellets and powders; and (6) shipping storage areas.
    Carbon black is produced by the furnace black process via thermal-
oxidative decomposition in a closed system. The feedstock is primarily 
aromatic oils based on crude oil. Feedstock is injected into the 
reactor and is converted to carbon black. The reactor is heated by a 
fuel, usually natural gas.
    The thermal black process produces carbon black via thermal 
decomposition in a cyclic process. The primary feedstock is natural 
gas. The process generally includes two vertical reactors in parallel. 
While one reactor is heating, the other reactor is in the decomposition 
cycle.
    The acetylene black process uses an acetylene feedstock to produce 
carbon black via thermal decomposition in a continuous process. The 
acetylene black reactor is similar to the reactor for the thermal black 
process; however, since it is a continuous process, usually only one 
reactor is used.
    The remaining processes for the furnace black, thermal black and 
acetylene black production processes are similar. The carbon black and 
tailgas stream from the reactor is cooled in a heat exchanger. Energy 
from the carbon black and tailgas stream is used to preheat combustion 
air for the reactor. Following the heat exchanger, a secondary quench 
chamber is used to further cool the carbon black and tailgas stream.
    Carbon black is separated from the tailgas in the main separation 
filter. Tailgas may be collected and used as fuel in the dryer (if 
present), burned to preheat the feedstock (if a preheater is present), 
vented to the atmosphere, or vented to a combustion device for 
destruction.
    Carbon black is separated from the conveying air in the process 
filter. Solid contaminants (e.g., coke particles, abraded particles 
from the refractory lining of the furnace, or rust particles) are 
removed from the carbon black in the grit separator.
    Initial densification of the carbon black takes place in the surge 
tank, which also acts as a buffer to maintain constant production 
levels. Carbon black is processed into pellets in either a wet 
pelletizer or a dry pelletizer. In the wet pelletization process, 
water, and sometimes additives, is injected into the pelletizer and the 
carbon black leaves as wet pellets and are dried in the dryer. Tailgas 
may be used as fuel in the dryer for external heating. Carbon black and 
steam from the dryer exhaust are separated in the purge filter and the 
carbon black is recycled to the process filter.
    In the dry pelletization process, the pelletizer is a rotating 
drum. A portion of the pelletized carbon black is recycled to the inlet 
of the drum to act as seeds for the new pellets. Pelletized

[[Page 16643]]

carbon black is housed in the storage silo until it is discharged to 
trucks or rail cars, intermediate bulk storage, or packaging.
    The Carbon Black Production area source category was listed for 
regulation due to emissions of the urban HAP POM. Benzene is another 
urban HAP emitted from the CBU. The HAP are released into the 
atmosphere from the tailgases from the reactors. The carbon black and 
tailgas stream is sent to a baghouse where the carbon black is 
separated from the tailgas. After separation of the carbon black 
product, the tailgas is either emitted to the atmosphere or sent to a 
combustion control device.

C. What are the proposed requirements for area sources?

1. Applicability and Compliance Dates
    The proposed NESHAP applies to each new or existing carbon black 
production facility that is an area source of HAP. Because the one 
existing area source is already meeting requirements that are the same 
as those in this proposed NESHAP, we are proposing that an existing 
affected source comply by the date of publication of the final rule in 
the Federal Register. A new affected source would be required to comply 
by the date of publication of the final rule in the Federal Register or 
upon initial startup, whichever is later.
2. Proposed Emissions Standards
    We are proposing that the owner or operator of an existing or new 
source be required to control HAP emissions from each carbon black 
production main unit filter process vent that has a HAP concentration 
equal to or greater than 260 ppmv. The specific control requirements 
are: (1) Reduce emissions of HAP by using a flare meeting all the 
requirements of 40 CFR part 63, subpart SS; or (2) reduce total HAP 
emissions by 98 weight-percent or to a concentration of 20 ppmv, 
whichever is less, by venting emissions through a closed vent system to 
any combination of control devices meeting the requirements 40 CFR 
63.982(a)(2).
3. Compliance Requirements
    For existing and new area sources, we are proposing to adopt the 
testing, monitoring, recordkeeping, and reporting requirements in 
subpart YY. Compliance with the proposed emissions limit for existing 
and new area sources would be demonstrated by monitoring the operating 
parameters of the control device or devices selected to comply with the 
requirements of the NESHAP. The proposed NESHAP specifies requirements 
for the initial notification, the notification of compliance status, 
periodic reporting, and SSM requirements.
    The owner or operator of an existing or new area source would be 
required to comply with the subpart YY notification requirements in 40 
CFR 63.1110. In the notification of compliance status required in 40 
CFR 63.1110(d), the owner or operator of an existing source may 
demonstrate initial compliance with the proposed HAP emissions 
standards based on the results of a performance test that has been 
previously conducted provided certain conditions are met (e.g., using 
the same methods as the test methods in the proposed rule).

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

1. Selection of Proposed Standards
    Based on information in the NEI and TRI, we identified only one 
existing carbon black production facility that is an area source. We 
are requesting comments on whether there are any other area sources in 
this source category. This carbon black production facility operates 
emissions control systems that capture and control tailgases from their 
four CBUs. The tailgases from each CBU are routed to control devices 
(two are routed to a flare and two are routed to a thermal incinerator) 
that achieve high-efficiency removal of volatile organic compounds 
(VOC), including polycyclic organic matter (POM) and benzene.
    The existing area source is currently operating under a title V 
permit, which requires a 98 weight-percent VOC emissions reduction. The 
facility's ability to demonstrate compliance with their title V permit 
emissions limits on a long-term basis indicates that the facility owner 
has the technical and economic capabilities to continue to reduce VOC 
emissions (including POM and benzene) sufficiently to achieve these 
limits. Further, although the existing area source facility utilizes 
the furnace black production process, a 98 weight-percent emissions 
reduction would apply equally to all types of production processes. 
Consequently, we do not distinguish between the different carbon black 
production processes.
    After reviewing the existing facility's title V permit 
requirements, we concluded that the permit requirements are equivalent 
to the provisions of 40 CFR 63, subpart YY, which is the rule to which 
major source carbon black facilities are subject. Further, the facility 
has applied for renewal of their title V permit to specifically include 
the requirements of subpart YY for their CBU. Because control 
technologies to reduce VOC emissions also reduce POM and benzene 
emissions, the 98 weight-percent VOC emission reduction in their title 
V permit is equivalent to the 98 weight-percent HAP level of control 
specified in subpart YY. We have no reason to believe that this 
emissions reduction is infeasible or inappropriate for all area sources 
in this category. Therefore, we have determined that a 98 weight-
percent HAP emissions reduction is GACT for existing and new carbon 
black production area source facilities, which may be achieved using 
one or more control devices or a flare subject to Sec.  63.11 of the 
NESHAP General Provisions (40 CFR part 63, subpart A).
    In addition to the 98 weight-percent level of control, we have 
established that for low concentration streams (e.g., streams with 
concentrations less than about 1,000 ppmv), a 98 weight-percent 
reduction may not be achievable for all process vents from the main 
unit filter (65 FR 76423). Therefore, we have determined that a HAP 
concentration limit of 20 ppmv (corrected to 3 percent oxygen if a 
combustion device is the control device and supplemental combustion air 
is used to combust the emissions) is appropriate as GACT for low-
concentration streams.
    The subpart YY NESHAP also include a 260-ppmv control applicability 
cutoff. This cutoff represents the lowest control device inlet 
concentration reported at one of the best-controlled facilities. We do 
not have available information to indicate that the single existing 
area source controls process vent emissions streams with concentrations 
below this level. Therefore, we have included the 260-ppmv control 
applicability cutoff in this proposed area source NESHAP.
    We are alternatively proposing that GACT for this existing area 
source is no further emission reduction. We request comment on the 
basis, consistent with section 112(d)(5), for asserting that GACT is no 
further control for the existing source. We request comment on this 
issue because the standard proposed above will not result in any 
emission reductions beyond what is already required by the Federal 
permit to which the existing facility is already subject.
2. Selection of Proposed Compliance Requirements
    The existing carbon black area source facility's title V permit 
requires operating parameter monitoring, recordkeeping, and periodic 
reporting. We reviewed these compliance requirements and concluded that 
they

[[Page 16644]]

are sufficient to ensure compliance with the proposed emissions 
standards for existing and new sources. Because these requirements are 
equivalent to those in 40 CFR part 63, subpart YY, we have adopted the 
subpart YY compliance requirements in this proposed rule. These 
requirements include operating parameter monitoring, initial 
performance testing, notifications, and periodic reports.
    Because permit information for the existing facility does not 
identify requirements for an SSM plan, we are proposing that the owner 
or operator of an existing area source comply with the SSM requirements 
in 40 CFR 63.1111. Section 63.1111(a)(1) of subpart YY requires that 
the title V permit for a source include provisions for an SSM plan.

V. Proposed Area Source NESHAP for Chemical Manufacturing: Chromium 
Compounds

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

    The area source category, ``Chemical Manufacturing: Chromium 
Compounds,'' includes facilities that use chromite ore as the basic 
feedstock to manufacture chromium compounds, primarily sodium 
dichromate, chromic acid, and chromic oxide. There are only two plants 
in this area source category, and both are located in urban areas. One 
plant is located in Castle Hayne, North Carolina (near Wilmington) and 
the other is in Corpus Christi, Texas.
    Most of the sodium dichromate produced by the two plants is used to 
make chromic acid. Sodium dichromate is also used in leather tanning, 
chromic oxide production, pigments manufacture, textile dyeing, and in 
the manufacture of numerous other products. Chromic acid is used in the 
metal finishing industry to produce resistant coatings for a variety of 
base metals. Other uses include decorative plating, conversion 
coatings, and metal coloring compounds. The two main uses of chromic 
oxide are in pigments and refractories.

B. What are the production processes and emissions points at facilities 
that manufacture chromium compounds?

    Although the basic processes at the two plants are similar, there 
are some subtle differences in the processing steps, and the two plants 
have somewhat different emissions points and control configurations. 
Consequently, separate profiles of the processes and emissions controls 
are provided in sections V.B.1 through V.B.4 of this preamble.
1. Sodium Chromate Production
    The main feedstock for the manufacturing process is chromite ore 
imported from South Africa and Finland, typically containing about 45 
percent or more chromium oxide. At the Texas plant, the chromite ore is 
dried and ground in a ball mill. The ground ore is mixed with alkaline 
material (soda ash, sodium bicarbonate, and sodium hydroxide) and fed 
to a rotary kiln where it is heated to about 2,000 degrees Fahrenheit 
([deg]F). This process (known as ``roasting'') oxidizes the chromite 
ore, converting the majority of the chromium in the ore from trivalent 
to hexavalent chromium. Baghouses on the ore drying and grinding unit 
control emissions. Baghouses also control emissions from the rotary 
kiln during roasting. After roasting, the material typically contains 
20 to 40 percent hexavalent chromium as sodium chromate and 10 to 20 
percent trivalent chromium. The material exiting the rotary kiln is 
quenched with water in quench tanks. The quenching process is 
controlled by a wet scrubber and wet electrostatic precipitator.
    The resulting ore slurry goes through a belt filter to filter and 
purify the sodium chromate. The filters remove solid aluminum, 
vanadium, and calcium residues. Sodium dichromate is added to the ore 
slurry to aid in the removal of aluminum. Calcium hydroxide (lime) is 
added to remove vanadium. Soda ash solution is added to remove calcium. 
A baghouse on the impurity treatment and filtration units controls 
emissions.
    Some of the impurities from the impurity treatment and filtration 
unit are placed in a secondary roasting kiln with sodium hydroxide and 
additional chromite ore for another round of chromium recovery. Roasted 
and quenched material from the secondary kiln travels to impurity 
treatment and filtration units for the same purification process 
described above for materials from the primary roasting unit. A 
baghouse on the secondary kiln and wet scrubber on the quench system 
control emissions.
    At the North Carolina plant, the chromite ore is dried in rotary 
dryers and then pulverized in ball mills. The pulverized ore is 
prepared for roasting by mixing the ore with lime, soda ash, and 
recycled residue from the roasting kilns. Emissions from the ore drying 
and grinding units are controlled by cyclones and dry electrostatic 
precipitators. The kiln feed is fed to one of three rotary kilns in 
which the chromite ore is roasted. The hot gases generated in the kilns 
are sent to waste heat boilers for energy recovery. Emissions from the 
waste heat boilers travel to dry electrostatic precipitators and are 
vented through the main stack. The dry electrostatic precipitators 
process several gas streams, including emissions from the ore drying 
and grinding units, the roasting kiln waste heat boilers, the ore 
mixing unit and roasting kiln, and the post-leach ore residue drying 
unit.
    After exiting the kiln, the hot kiln roast is quenched and leached 
with hot water in tanks to dissolve the water-soluble sodium chromate 
and form a sodium chromate slurry. The sodium chromate slurry is sent 
to a recycle unit where hydroclones separate unconverted ore residue 
from the sodium chromate solution. The ore residue is washed and 
filtered on a filter belt, dried, and recycled to the kiln. A system of 
cyclonic scrubbers and wet electrostatic precipitators on the quench 
tanks and filter unit are used to control emissions. Emissions from the 
ore residue dryer are controlled by a cyclone and the dry electrostatic 
precipitators described earlier.
2. Sodium Dichromate Production
    At the Texas plant, the purified sodium chromate solution travels 
from the impurity treatment and filtration system to the electrolytic 
cell system for electrolytic acidification. Water is added to the 
electrolytic cells as well. This process converts the sodium chromate 
solution to sodium dichromate solution. Fiber bed filters on the 
electrolytic cell system control emissions. The sodium dichromate can 
be sold or used on-site in the production of chromic oxide or chromic 
acid.
    Some sodium chromate solution is sent to a sodium chromate 
crystallization, evaporation, and drying unit to produce sodium 
chromate crystals. These crystals are then packaged for sale. Some 
sodium dichromate solution is also sent to a sodium dichromate 
crystallization, evaporation, and drying unit for production of sodium 
dichromate crystals. The crystals are sent to a packaging unit for 
packaging before sale. The emissions from the crystallization, 
evaporation, and drying units for the sodium chromate and sodium 
dichromate solutions are controlled by an entrainment separator and wet 
scrubber.
    At the North Carolina plant, the sodium chromate product stream 
proceeds through a series of pH adjustment and filtration steps using 
sodium carbonate and sulfuric acid to remove impurities such as iron, 
aluminum, and other oxides from the

[[Page 16645]]

sodium chromate solution. The sodium chromate solution is neutralized 
to a pH of 8.5 to precipitate and allow filtration of the remaining ore 
residues. The sodium chromate liquor is mixed with a soda ash solution 
in the calcium precipitator unit to precipitate the calcium as calcium 
carbonate. The sodium chromate liquor is then filtered to remove the 
calcium carbonate. In the acidification unit, the filtered raw sodium 
chromate liquor is acidified to a pH of 4.0 with sulfuric acid to 
produce sodium dichromate. This solution is partially evaporated to 85 
percent concentration and then centrifuged to separate sodium sulfate 
(salt cake) from the sodium dichromate solution. After separation from 
the salt cake, the sodium dichromate product solution is either stored 
in tanks from which, after dilution to the appropriate concentration, 
it is either sold as sodium dichromate product liquor or used as 
feedstock in the chromic acid plant. Some of the sodium dichromate 
solution is crystallized, centrifuged, and dried to form sodium 
dichromate crystalline product. Emissions from the crystallization area 
are controlled by an impingement plate scrubber and demister.
3. Chromic Acid Production
    At the Texas plant, the production of chromic acid is performed by 
electrolytic reaction of sodium dichromate solution through a series of 
cells. Sodium dichromate solution is introduced into the anode side of 
an electrolytic cell, and water is introduced to the cathode side. 
Direct current causes a reaction on the anode side of the cell, 
producing chromic acid, sodium ions, and oxygen gas. Sodium ions 
migrate to the cathode side (water) of the cell through a membrane, 
which produces sodium hydroxide and hydrogen gas. The sodium 
dichromate/chromic acid solution (anode side) is withdrawn to be used 
as influent for the next cell line. The effluent from the anode side of 
the last stage is crystallized, centrifuged, dried, and packaged.
    Three scrubbers are used to control emissions from chromic acid 
production. Emissions from the electrolytic cells are controlled by two 
scrubbers; one scrubber controls oxygen gas and hexavalent chromium 
emitted from the anode side of the cells and one controls hydrogen gas 
and hexavalent chromium from the cathode side of the cell. Drying, 
storage, and packaging operations are vented to the same wet scrubber.
    At the North Carolina plant, the sodium dichromate liquor is 
further acidified with sulfuric acid to produce chromic acid crystals. 
The acidified slurry is filtered to recover the chromic acid and the 
filtrate is recycled to the sodium dichromate process. The chromic acid 
crystals are fed to a reactor where they are melted. The melted chromic 
acid produced in the reactor is cooled and then sent to a flaking 
process to produce the chromic acid flakes which are packaged and sold 
as final products. Emissions from the chromic acid area are controlled 
by a packed bed scrubber and demister.
4. Chromic Oxide and Chromium Hydrate Production
    The Texas plant is the only facility producing chromic oxide and 
chromium hydrate. In the production of chromic oxide, ammonium sulfate 
and sodium dichromate solution that has been concentrated by 
evaporation are mixed and fed to a rotary roasting kiln to produce 
chromic oxide, sodium sulfate and nitrogen gas. The roast is quenched 
with water in which the chromic oxide is insoluble and the sodium 
sulfate is soluble. The mixture is washed in countercurrent thickeners, 
filtered, dried, milled, and packaged. To produce metallurgic grade 
chromic oxide and certain other grades, the chromic oxide is re-roasted 
in a secondary rotary kiln, quenched, filtered, dried, milled, and 
packaged.
    The chromic oxide plant uses baghouses and scrubbers for emissions 
control; this production area has 10 bag houses and 11 scrubbers. Four 
baghouses control emissions from the ammonium sulfate storage and 
grinding area. Emissions from mixing of the sodium dichromate and 
ammonium sulfate are vented to a wet cyclone. Wet scrubbers control 
emissions from the quench tanks of both the primary and secondary 
roasting kilns. A baghouse, wet scrubber, and a mist eliminator control 
emissions from the primary roasting kiln. A wet scrubber controls 
emissions from the secondary roasting kiln. Filtration steps after both 
primary and secondary roasting are each vented to separate wet 
scrubbers. The dryer vents to a bag filter. Chromic oxide storage, 
grinding, and packaging steps are vented to six baghouses.
    In the production of chromium hydrate, boric acid and concentrated 
sodium dichromate are mixed and fed to a furnace to produce a chromium 
hydrate ``clinker'' and sodium borate. The clinker is quenched with 
water. The mixture is then leached in tanks and filter presses to form 
chromium hydrate, then filtered, dried, milled, and packaged. Emissions 
controls include baghouses for boric acid grinding, chromium hydrate 
roasting, and chromium hydrate grinding and packaging.

C. What are the proposed requirements for area sources?

1. Applicability and Compliance Dates
    The proposed NESHAP apply to the owner or operator of a new or 
existing area source that manufactures chromium compounds. We are 
proposing that owners or operators of existing sources comply with all 
the requirements of the area source NESHAP by 6 months after the date 
of publication of the final rule in the Federal Register. A new 
affected source would be required to comply by the date of publication 
of the final rule in the Federal Register or upon initial startup, 
whichever is later.
2. Proposed Emissions Standards
    The proposed NESHAP requires new and existing facilities to operate 
a capture system that collects gases and fumes from each emissions 
source and conveys the gases to a PM control device. Emissions limits 
for PM, in lb/hr format, would be established based on the process rate 
of the emissions unit. These PM emissions limits would apply to more 
than 20 emissions units in the production of chromium compounds, 
including sodium chromate, sodium dichromate, chromic acid, chromic 
oxide, and chromium dehydrate at new and existing sources.
3. Compliance Requirements for Existing Area Sources
    The control devices used at these facilities include baghouses, dry 
electrostatic precipitators, wet electrostatic precipitators, and wet 
scrubbers. The proposed monitoring requirements for existing area 
sources consist of inspection and maintenance requirements specific to 
the type of control device.
    For a baghouse, this proposed NESHAP requires monthly visual 
inspections of the system ductwork and baghouse units for leaks. The 
plant owner or operator would also be required to conduct an annual 
inspection of the interior of each baghouse for structural integrity 
and condition of the filter fabric. For electrostatic precipitators, 
plants would be required to conduct: (1) A daily check to verify that 
the electronic controls for corona power and rapper operation are 
functioning, that the corona wires are energized, and that adequate air 
pressure is present on the rapper manifold; (2) a monthly visual 
inspection of the system ductwork,

[[Page 16646]]

cyclones (if applicable), housing unit, and hopper for leaks; and (3) a 
biennial internal inspection to determine the condition and integrity 
of corona wires, collection plates, plate rappers, hopper, and air 
diffuser plates. For wet electrostatic precipitators, plants would also 
be required to conduct a daily check to verify water flow and a 
biennial internal inspection to determine the condition and integrity 
of plate wash spray heads. For wet scrubbers, plants would be required 
to conduct: (1) A daily check to verify water flow to the scrubber; (2) 
a monthly visual inspection of the system ductwork and scrubber unit 
for leaks; and (3) an annual internal inspection for structural 
integrity and condition of the demister and spray nozzle.
    The owner or operator of an existing plant would be required to 
record the results of each inspection, the results of any maintenance 
performed on the control device, and the date and time of each recorded 
action. The results of inspections and maintenance of control equipment 
would be recorded in a logbook (written or electronic). The logbook 
would be kept onsite and made available to the permitting authority 
upon request. The owner or operator of an existing plant would be 
required to report any deviations from the emissions limits or 
monitoring requirements in a semiannual report submitted to the 
permitting authority.
    The owner or operator of an existing area source would be required 
to submit an initial notification of applicability and a notification 
of compliance status according to the requirements in 40 CFR 63.9 of 
the General Provisions (40 CFR part 63, subpart A). A performance test 
would not be required if a performance test has been conducted within 
the past 5 years using the specified test methods and either no process 
changes have been made since the test, or the owner or operator can 
demonstrate that the results of the performance test, with or without 
adjustments, reliably demonstrate compliance despite process changes. 
We are also proposing that the owner or operator comply with either the 
requirements for SSM plans and reports in 40 CFR 63.6(e)(3) or with the 
malfunction requirements in this proposed rule that are based on the 
title V permit requirements. The permit requires a report if an event 
occurs that results in emissions in excess of a PM limit and lasts for 
more than 4 hours.
4. Compliance Requirements for New Area Sources
    The owner or operator of a new source would be required to install 
and operate a bag leak detection system for each baghouse used to 
comply with a PM emissions limit. The requirements for the bag leak 
detection system are set forth in proposed section 63.11410(g). 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 of a new source that uses a control device 
other than a baghouse must submit a monitoring plan to the permitting 
authority for approval. The plan must describe the control device, the 
parameters to be monitored, and the operating limits for the parameters 
established during a performance test.
    The owner or operator of a new source would be required to 
demonstrate initial compliance with each applicable PM emissions limit 
by conducting a performance test according to the requirements in 40 
CFR 63.7. EPA Method 5 or 5D (40 CFR part 60, appendix A), as 
applicable, would be used to determine the PM emissions. All of the 
testing, monitoring, operation and maintenance, recordkeeping, and 
reporting requirements of the part 63 General Provisions would apply to 
a new area source. We have identified in the proposed NESHAP the 
General Provisions of 40 CFR part 63 applicable to existing and new 
sources.

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

1. Selection of PM as a Surrogate for Chromium
    The PM emissions from the various processes used for manufacturing 
chromium compounds contain the urban HAP chromium, and emissions 
control equipment that is designed and operated to control PM emissions 
also control chromium emissions. Both plants have title V operating 
permits that require PM emissions controls and establish emissions 
limits for PM. For these reasons, we decided to establish standards 
using PM as a surrogate for chromium emissions, which is the urban HAP 
that was the basis for the listing. Controlling PM emissions will 
control chromium emissions since they are contained within the PM--they 
are in the particulate form as opposed to the gaseous form. PM controls 
used at existing chromium plants are the same controls available to 
control particulate HAP metals such as chromium. These controls capture 
particulate HAP metals non-preferentially along with other PM, thus 
making PM a reasonable surrogate for chromium. We have used this 
approach in several other NESHAP in which PM was determined to be a 
surrogate for the HAP metals in the PM.
2. Selection of Proposed Standards
    The two existing chromium compound production facilities currently 
hold title V operating permits issued by their respective State 
permitting agencies. Both permits contain PM emissions limits for all 
processes used to produce chromium compounds. We determined that the PM 
emissions limits applicable to these emissions sources are consistent 
with the expected performance of similar operations controlled by well-
operated and maintained emission control devices. These control devices 
(baghouses, wet scrubbers, and wet and dry electrostatic precipitators) 
are widely used to control the emissions from both primary and 
secondary production of many different metals, they have been 
demonstrated to be effective at controlling emissions of metal HAP, 
they are cost effective, and they represent GACT for new and existing 
area sources in the chromium compounds manufacturing industry.
    We reviewed the PM limits in the title V operating permits for both 
plants. The North Carolina plant has PM limits that are expressed in an 
equation as a function of process throughput. For example, as the 
process throughput decreases, the PM emissions limit in lb/hr also 
decreases. This equation is applied to each of the production processes 
for chromium compounds, and the allowable emissions limit based on 
throughput accounts for changes in production levels, which affects the 
level of emissions control that can be achieved. The Texas plant has 
emissions limits that are fixed in terms of allowable lb/hr and are 
independent of process throughput. A format that is fixed in lb/hr is 
not an appropriate approach for other existing plants or for new plants 
because it does not account for differences in size or capacity.
    We determined that the format used in the title V permit for the 
North Carolina plant was appropriate for a national standard for new 
and existing area sources. This mechanism for determining the emissions 
limit accounts for differences in process rates at different plants and 
it accounts for changes in the process rate at a given plant over time. 
We have also determined that the Texas plant can achieve the proposed 
emissions limits

[[Page 16647]]

based on process throughput using their existing emissions control 
equipment. Consequently, we are proposing to apply this equation to 
determine emissions limits for each of the production processes at all 
new and existing area source plants for this national standard.
    We are alternatively proposing that GACT for these existing area 
sources is no further emission reduction. We request comment on the 
basis, consistent with section 112(d)(5), for asserting that GACT is no 
further control for these existing sources. We request comment on this 
issue because the standard proposed above will not result in any 
emission reductions beyond what is already required by the Federal 
permits to which the existing facilities are already subject.
3. Selection of Proposed Compliance Requirements
    We are proposing to base the compliance requirements for existing 
area sources on the operation and maintenance, recordkeeping, and 
reporting requirements in the title V permit of the area source located 
in North Carolina. The title V permit includes requirements for 
inspections and maintenance of each type of control device, semiannual 
reports of any deviation, and records of control device inspections and 
maintenance. In contrast, the compliance requirements for the Texas 
plant include very little with respect to monitoring or maintaining 
emissions control equipment. The requirements we are proposing are 
necessary to ensure emissions controls are maintained and operated 
properly on a continuing basis. The requirements do not pose a 
significant additional burden for the Texas plant that must implement 
them. We are allowing 6 additional months for existing area sources to 
prepare a startup, shutdown, and malfunction plan and implement the 
inspection and maintenance requirements for control devices.
    We would require that the existing plants comply with limited 
initial notification requirements in 40 CFR 63.9 of the NESHAP General 
Provisions (40 CFR part 63, subpart A). In the notification of 
compliance status required by 40 CFR 63.9(h), the owner or operator 
would certify that equipment has been installed and is operating for 
each regulated emissions point and that the plant will comply with the 
inspection and maintenance requirements. The plant would be required to 
conduct a performance test to demonstrate initial compliance if a 
performance test has not been conducted in the past five years.
    We are proposing to require bag leak detection systems for 
baghouses used at new area sources; a monitoring plan would be required 
if another type of control device is used. Bag leak detection systems 
are typical requirements for new sources of the size and complexity of 
chromium compound manufacturing facilities. In addition, these systems 
can be incorporated into the design and operation for new sources and 
would not require retrofitting or duplicative monitoring as would be 
the case if they were applied to existing sources.
    For new area sources, we are also proposing to apply the 
notification, testing, monitoring, operation and maintenance, 
recordkeeping, and reporting requirements in the part 63 General 
Provisions (40 CFR part 63, subpart A). The General Provisions are 
necessary for effective application of the standard for new area 
sources. We propose that these requirements are sufficient to ensure 
compliance with the proposed emissions limits for equipment at new area 
sources.

VI. Proposed Area Source NESHAP for Flexible Polyurethane Foam 
Production and Fabrication

A. What area source categories are affected by the proposed NESHAP?

    This proposed NESHAP applies to two area source categories: 
Flexible Polyurethane Foam Production and Flexible Polyurethane Foam 
Fabrication Operations. We are addressing these two area source 
categories in a single NESHAP due to similarity of their operations and 
because they are often co-located.
    The Flexible Polyurethane Foam Production area source category 
includes any facility which manufactures foam made from a polymer 
containing a plurality of carbamate linkages in the chain backbone 
(polyurethane). Polyurethane is commonly made by reacting a 
polyisocyanate with an organic polyhydroxyl material in the presence of 
water. Application of blowing agents, catalysts, surfactants, and 
fillers transform the polyurethane into a foam with specialized 
properties.
    There are three types of polyurethane foam production facilities: 
slabstock flexible polyurethane foam (slabstock foam), molded flexible 
polyurethane foam (molded foam), and rebond foam. Slabstock foam is 
produced in large continuous ``buns'' that are then cut into the 
desired size and shape. Slabstock foam is used in a wide variety of 
applications, including furniture and mattresses. Molded foam is 
produced by ``shooting'' the foam mixture into a mold of the desired 
shape and size. Molded foam is used in office furniture, automobile 
seats, novelties, and many other applications. Rebond foam is made from 
scrap foam that is converted into a material primarily used for carpet 
underlay.
    Prior to the promulgation of the NESHAP for major sources of foam 
production (40 CFR part 63, subpart III) in 1998, we estimated that 
there were 78 slabstock foam facilities in the U.S. and 228 molded foam 
production facilities. A recent estimate is that there are 36 rebond 
foam facilities.
    The Flexible Polyurethane Foam Fabrication Operations area source 
category includes processes engaged in cutting, bonding, and/or 
laminating pieces of flexible polyurethane foam together or to other 
substrates. Typical bonding techniques include gluing, taping, and 
flame lamination.
    Foam fabrication adhesive use operations may use methylene 
chloride-based adhesives to adhere pieces of foam together. Most foam 
fabrication adhesives are applied by workers using spray guns. It is 
typically performed in large open rooms, with work stations spaced 
along a conveyor which moves the pieces of foam to be glued together.
    Loop slitter adhesive use is a specialized type of foam fabrication 
adhesive use. Loop slitters are equipment at slabstock foam production 
and fabrication facilities that are used to slice large foam buns into 
thin sheets. Adhesive is used to attach the ends of the foam buns to 
one another before they are mounted on the loop slitter. The amount of 
adhesive used for loop slitters is relatively low because the adhesive 
is not applied continuously, just once or twice per shift when the foam 
buns are loaded onto the loop slitter.
    Flame lamination refers to the bonding of foam to other substrates 
(i.e., cloth, foam, plastic, and other materials) where the bonding 
agent is scorched or melted foam. Thin sheets of foam are passed under 
a flame which scorches the foam surface and makes it sticky. The tacky 
foam sheet is then applied to a foam or fabric substrate.
    All slabstock foam production plants perform foam fabrication, but 
there are also independently operated foam fabrication facilities. 
There is no foam fabrication trade association, so we do not have a 
good estimate of the number of foam fabrication facilities in the U.S. 
Prior to the promulgation of subpart III, EPA estimated that there were 
loop slitters at 40 slabstock foam production

[[Page 16648]]

facilities in the U.S. and 21 flame lamination facilities.

B. What are the production processes and emissions points for flexible 
polyurethane foam production and fabrication?

    Both the Flexible Polyurethane Foam Production and Flexible 
Polyurethane Fabrication Operations area source categories were listed 
for regulation due to emissions of the urban HAP methylene chloride. 
Historically, methylene chloride was the only urban HAP used at foam 
production and foam fabrication facilities. Slabstock foam production 
facilities used methylene chloride as an auxiliary blowing agent (ABA) 
to control the density and other properties of the foam as it expanded 
during the pouring process. Methylene chloride was also used as an 
equipment cleaner, in particular for mix heads. Currently, almost all 
slabstock foam producers have discontinued any use of methylene 
chloride. A small number of molded and rebond foam facilities 
previously used methylene chloride in mold release agents and some 
molded foam facilities used it as a mix-head cleaner.
    Foam fabricators used methylene chloride-based adhesives to adhere 
pieces of foam to one another. Flame laminators have never used 
methylene chloride.

C. What are the proposed requirements for area sources?

1. Applicability and Compliance Dates
    This proposed NESHAP applies to both new and existing flexible foam 
production and flexible foam fabrication plants that are area sources. 
The owner or operator of an existing source would be required to comply 
with the area source NESHAP by the date of publication of the final 
rule in the Federal Register. The owner or operator of a new source 
would be required to comply with the area source NESHAP by the date of 
publication of the final rule in the Federal Register or at startup, 
whichever is later.
2. Proposed Emission Standards
    Table 1 of this preamble summarizes the various foam production and 
fabrication area sources covered by this proposed rule and the 
corresponding proposed regulatory strategies. As shown in Table 1 of 
this preamble, slabstock foam producers may still use limited amounts 
of methylene chloride as an auxiliary blowing agent. The technologies 
determined to be GACT for this industry significantly reduce, but do 
not always eliminate the use of methylene chloride as an auxiliary 
blowing agent. Methylene chloride use is prohibited for other uses at 
foam production and foam fabrication facilities.

  Table 1.--Foam Production and Fabrication Processes and Corresponding
                          Proposed Regulations
------------------------------------------------------------------------
         Area source types                   Proposed regulation
------------------------------------------------------------------------
1. Slabstock polyurethane foam      a. Emission limits for methylene
 production.                         chloride used as an auxiliary
                                     blowing agent (ABA);
                                    b. Controls on storage vessels;
                                    c. Management practices for
                                     equipment leaks; and
                                    d. Prohibition on use of methylene
                                     chloride as an equipment cleaner.
                                    OR
                                    Eliminate use of methylene chloride
                                     in slabstock foam production
                                     processes.
2. Molded polyurethane foam         Prohibit use of methylene chloride
 production.                         as mold release agent or equipment
                                     cleaner.
3. Rebond foam production.........  Prohibit use of methylene chloride
                                     as mold release agent.
4. Foam fabrication adhesive use..  Prohibit use of methylene chloride
                                     adhesives.
------------------------------------------------------------------------

    For slabstock foam production area sources, we are proposing 
emissions limits and management practices to reduce methylene chloride 
emissions from the production line, storage tanks, leaking equipment, 
and equipment cleaning. Emissions limits for methylene chloride used as 
an ABA are based on a formula which varies depending on the grades of 
foam being produced. Vapor balance systems or carbon beds would be 
required for methylene chloride storage vessels. The proposed 
management practices require plants to identify and correct leaking 
pumps and other equipment in methylene chloride service. Specifically, 
owners or operators would check periodically for equipment leaks (from 
quarterly for pumps and valves to annual for connectors) using EPA 
Method 21 (40 CFR part 60, appendix A). Leaks, which are defined as a 
reading of 10,000 parts per million (ppm) or greater, must be corrected 
within 15 days of when they are detected. The use of methylene chloride 
to clean mix heads and other equipment would be prohibited.
    Slabstock foam facilities that do not use any methylene chloride at 
the facility would not be subject to these emission limitations and 
management practices. Such facilities would only need to submit a one-
time report.
    This proposed rule prohibits the use of methylene chloride-based 
mold release agents at molded and rebond foam facilities, methylene 
chloride-based equipment cleaners at molded foam facilities, and 
methylene chloride-based adhesives for foam fabrication.
3. Compliance Requirements
    Slabstock foam area sources continuing to use methylene chloride 
would be required to monitor the HAP added at slabstock production 
mixheads and the HAP contained in and added to HAP ABA storage tanks. 
Plants using carbon adsorber systems to control emissions from HAP ABA 
storage tanks would be required to monitor the HAP content of exhaust 
streams from outlet vents. Plants using a recovery device to reduce 
methylene chloride emissions would be required to comply with a 
recovered HAP ABA monitoring and recordkeeping program.
    The owner or operator would be required to submit semiannual 
reports containing information on allowable and actual HAP ABA 
emissions, carbon adsorbers on storage tanks, and equipment leaks. 
Owners and operators would also be required to submit annual compliance 
certifications. Records would be required to demonstrate compliance, 
including a daily operating log of foam runs containing the grades of 
foam produced and related data, and records related to storage tanks 
and equipment leaks. This proposed NESHAP also includes a simpler 
facility-wide compliance option that only requires that the facility 
measure the total amount of methylene chloride used at the facility. 
Slabstock foam plants that do not use any methylene chloride would be 
required to submit a one-time certification as part of their 
notification of compliance status.

[[Page 16649]]

    Molded foam, rebond foam, and foam fabrication facilities which 
operate loop slitters would be required to prepare, and keep on file, 
compliance certifications which certify that the facility is not using 
the prohibited methylene-chloride based products and will not use them 
in the future. The plants would also maintain records documenting that 
the products they are using for the specific purposes do not contain 
any methylene chloride. These can be records that would be kept in the 
absence of this proposed rule such as adhesive usage information and 
Material Safety Data Sheets. Foam fabrication plants which do not 
operate loop slitters would have no compliance certification or 
recordkeeping requirements.
    The owner or operator of each slabstock foam affected source that 
continues to use methylene chloride and, therefore, would be subject to 
the methylene chloride emissions limits, would be required to comply 
with several requirements of the General Provisions in 40 CFR part 63, 
subpart A. However, because of the intermittent nature of the slabstock 
foam process, we are not proposing to require that affected sources 
comply with the requirements for SSM plans and reports in 40 CFR 
63.6(e)(3).

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

1. Selection of Proposed Standards
    When the NESHAP for major sources of polyurethane foam production 
in 40 CFR part 63, subpart III was promulgated in 1998, we estimated 
that there were 78 slabstock foam facilities, and that all of these 
facilities were major sources. The NESHAP requirements, along with the 
revisions to the Occupational Safety and Health Administration (OSHA) 
permissible exposure and short-term exposure limits for methylene 
chloride (63 FR 50711, September 22, 1998), caused slabstock foam 
facilities to investigate, evaluate, and install technologies to reduce 
or eliminate the use of methylene chloride as an ABA at their 
facilities. These technologies include alternative formulations to 
reduce the amount of methylene chloride ABA needed, alternative non-HAP 
ABAs (acetone, liquid carbon dioxide), controlled or variable pressure 
foaming, and forced cooling. Based on recent contacts with the 
industry, we have verified that every known slabstock facility has 
converted their process to utilize one of these technologies. In many 
cases, these changes were instituted prior to the compliance date for 
subpart III, making the facilities area sources. As these technologies 
have been universally applied to major and area source slabstock foam 
production facilities, we have no reason to believe that these 
emissions reduction technologies are infeasible or inappropriate for 
area sources. Consequently, we propose to conclude that emissions 
limitations based on the application of these technologies are 
generally available control technology (GACT) for new and existing area 
sources.
    Because the installation and operation of several of these 
pollution prevention technologies have resulted in the near total 
elimination of the use of and emissions of methylene chloride at 
slabstock foam production facilities, we have included a provision in 
this proposed rule that allows slabstock facilities that do not use any 
methylene chloride to submit a one-time report certifying that they do 
not use, and will not use in the future, any methylene chloride. We 
included this provision to reduce the recordkeeping and reporting 
burden for these facilities.
    We are also aware that methylene chloride usage has been eliminated 
at many molded foam and rebond foam production facilities. Therefore, 
we have no reason to believe that the use of non-methylene chloride 
mold release agents and cleaners at molded and rebond foam production 
facilities is infeasible or inappropriate for area sources. Therefore, 
we determined that a prohibition of methylene chloride mold release 
agents and cleaners at molded and rebond foam production facilities is 
GACT for new and existing sources. While we are not aware of any area 
source molded foam or rebond foam facility that is currently using 
methylene chloride-based mold release agents or cleaners, we believe 
that it is appropriate to propose a prohibition on the use of these 
products to ensure that no methylene chloride is emitted from these 
facilities in the future.\5\
---------------------------------------------------------------------------

    \5\ Flame lamination foam fabrication facilities have never 
used, and thus never emitted, any methylene chloride and were not 
included in the listed category. Therefore, this proposed rule does 
not contain any emissions limitations for flame lamination 
facilities.
---------------------------------------------------------------------------

    The changes to the OSHA permissible exposure and short-term worker 
exposure limits for methylene chloride had an even more significant 
impact on the flexible polyurethane foam fabrication source category, 
as it made it infeasible to continue to use methylene chloride-based 
adhesives for most foam fabrication operations. Current information 
indicates that owners and operators of foam fabrication sources have 
eliminated the use of methylene chloride-based adhesives. (Additional 
details are provided in the background information for this industry in 
Docket ID No. EPA-HQ-OAR-2006-0897.) The most common alternatives being 
used are acetone-based and water-based adhesives. Therefore, we have no 
reason to believe that the use of non-methylene chloride-based 
adhesives for foam fabrication applications is infeasible or 
inappropriate for area sources as a generally available management 
practice. In addition, because of the nature of the adhesives 
application process described above, we are not aware of control 
technologies or management practices that could be employed to limit 
methylene chloride emissions in foam fabrication operations. 
Consequently, we are proposing that a prohibition of the use of 
adhesives containing methylene chloride is GACT for foam fabrication 
operations. We are requesting comments on this proposed prohibition.
    Among other things, we are asking for comment on the availability 
of cost effective alternatives to methylene chloride adhesives. We are 
also requesting comments on whether and under what circumstances 
methylene chloride-based adhesives (e.g., in small specialty 
applications) are being used or might be used by the foam fabrication 
industry, and what quantities are or might be involved in such 
applications. We also request information on any control technologies 
or management practices used to limit emissions of methylene chloride 
in the application of the methylene chloride-based adhesives and any 
cost information associated with such control approaches.
2. Selection of Proposed Compliance Requirements
    For slabstock foam production facilities that continue to use 
methylene chloride, we concluded that requirements for monitoring and 
recording the amount of methylene chloride used are sufficient to 
ensure compliance with the proposed emissions limitations.
    For slabstock foam production facilities that have eliminated the 
use of methylene chloride and are exempt from the emissions limitations 
in this proposed rule, we are proposing to require that owners or 
operators submit a one-time notification certifying that they do not 
use any methylene chloride and will not use it in the future as their 
notification of compliance status report.
    In order to demonstrate compliance with the prohibition of the use 
of methylene chloride based mold release agents and cleaners for molded 
and rebond processes, we are proposing to

[[Page 16650]]

require preparation of a compliance certification, signed by a 
responsible official and kept on file, indicating that the facility has 
ceased the use of these prohibited products. The plant owner or 
operator would be required to maintain adhesive usage records and 
Material Safety Data Sheets or other documentation to show that no 
methylene chloride-based products are being used.
    Currently available information from the foam fabrication industry 
and adhesive manufacturers suggests that it is not possible for typical 
foam fabrication operations to use methylene chloride-based adhesives 
and comply with OSHA permissible exposure and short-term worker 
exposure limits for methylene chloride. Because we assume that 
compliance with these OSHA standards is being achieved through the 
elimination of the use of methylene chloride-based adhesives, we do not 
believe that additional reporting or recordkeeping is necessary to 
demonstrate compliance with the proposed prohibition of the use of 
methylene-chloride based adhesives. Therefore, this proposed rule 
contains no compliance requirements for most foam fabrication affected 
sources.
    However, unlike typical foam fabrication applications, we believe 
it may be possible for loop slitters to use methylenechloride-- based 
adhesives and still comply with the OSHA worker exposure limits. This 
is because loop slitter adhesive application is brief and intermittent, 
typically not occurring more than once during a single shift. As a 
result, worker exposure is also brief and intermittent. Thus, it is 
possible that some loop slitter facilities could meet the OSHA time-
weighted average exposure limitation without changing any of their 
normal procedures. Additionally, we believe that if compliance with the 
OSHA requirements could not be achieved without changing normal 
operating procedures, there are feasible measures that could be 
implemented to achieve compliance. For instance, the loop slitter 
adhesive could be applied by workers wearing respiration equipment, or 
a hood or other ventilation equipment could be added to the adhesive 
application station. Because of these possibilities, loop slitter 
operations using methylene chloride adhesives have the potential to 
meet the worker exposure limits set by OSHA, but still use and emit 
methylene chloride.
    Due to this possibility, we are proposing to require that flexible 
polyurethane foam fabrication affected sources operating loop slitters 
prepare and keep on file a compliance certification, signed by a 
responsible official, indicating that the facility does not use any 
methylene chloride and will not use it in the future.
    We are not proposing to apply the SSM requirements in 40 CFR 
63.6(e)(3) to flexible polyurethane foam production and fabrication 
area sources. For slabstock facilities that elect not to use any 
methylene chloride, and for molded facilities, rebond facilities, and 
loop slitters that are prohibited from using methylene chloride-based 
products, SSM periods will have no impact on methylene chloride 
emissions.
    There are also fundamental problems in applying the General 
Provision requirements for SSM to slabstock foam production facilities 
that continue to use methylene chloride. The rationale for not 
subjecting area source slabstock foam plants to the SSM requirements 
was laid out at promulgation of subpart III, which exempted major 
sources from these provisions.
    The fundamental problem in applying the General Provisions SSM 
provisions to flexible polyurethane foam production facilities is 
defining a startup and a shutdown. The foam production process is 
intermittent in nature and, based on the EPA's knowledge of the 
industry, every foam production process will undergo at least one 
routine ``startup'' and one routine ``shutdown'' per day. The EPA never 
intended that these routine activities be addressed by the SSM 
requirements.
    The intent of the SSM plan is to identify methods to reduce excess 
emissions that occur during these events when air pollution is emitted 
in quantities greater than the standard allows. Given the comprehensive 
approach of the adopted sections of subpart III to regulate emissions 
by restricting the amount of HAP used, EPA does not believe that, for 
foam production facilities, periods of SSM provide the opportunity for 
emissions not already anticipated.

VII. Proposed Area Source NESHAP for Lead Acid Battery Manufacturing

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

    The Lead Acid Battery Manufacturing area source category includes 
plants that manufacture batteries from lead, lead oxide paste, and 
sulfuric acid. These may be either of two types of batteries: (1) 
Starting, lighting, and ignition (SLI) batteries primarily used in 
automobiles, or (2) industrial and traction batteries. Industrial 
batteries include those used for uninterruptible power supplies and 
traction batteries are used to power electric vehicles such as 
forklifts.
    We estimate that there are approximately 58 lead acid battery 
manufacturing area sources operating in the U.S. Many of these area 
sources are subject to the NSPS for lead acid battery manufacturing 
plants in 40 CFR part 60, subpart KK. Subpart KK applies to all lead 
acid battery manufacturing plants constructed or modified since 1982 if 
they produce or have the design capacity to produce in one day 
batteries containing an amount of lead equal to or greater than 5.9 
megagrams (6.5 tons).

B. What are the production processes and emissions points at facilities 
that manufacture lead acid batteries?

    The lead acid battery manufacturing process includes preparing 
battery grids through stamping or casting lead. Lead oxide paste is 
added to the grids in the grid pasting operation creating plates that 
are cured and assembled into a battery. Batteries are then charged 
using sulfuric acid in the forming operations. Lead oxide may be 
prepared by the battery manufacturer, as is the case for many larger 
battery manufacturing plants, or may be purchased from a supplier.
    The lead acid battery manufacturing area source category was listed 
for regulation due to emissions of the urban HAP lead, which is used as 
a primary component of a battery. Cadmium, another urban HAP emitted in 
trace amounts, was also identified in the listing of the lead acid 
battery manufacturing area source category. Cadmium and other trace 
urban HAP metals that are emitted by lead acid battery manufacturing 
plants (arsenic, beryllium, chromium, manganese, and nickel) are 
controlled by the same devices that control lead emissions.

C. What are the proposed requirements for area sources?

1. Applicability and Compliance Dates
    The proposed NESHAP apply to both new and existing lead acid 
battery manufacturing plants that are area sources. We are not aware of 
any major source lead acid battery manufacturing plants. We are 
proposing that owners or operators of existing sources comply with all 
the requirements of the area source NESHAP no later than 1 year after 
the date of publication of the final rule in the Federal Register. The 
owner or operator of a new source would be required to comply with the 
area source NESHAP on the date of publication of the final rule in the 
Federal Register or at startup, whichever is later.

[[Page 16651]]

2. Proposed Emissions Standards
    We are proposing to adopt as the NESHAP for the lead acid battery 
manufacturing area source category the numerical emissions limits for 
grid casting, paste mixing, three-process operation, lead oxide 
manufacturing, lead reclamation, and other lead emitting processes in 
40 CFR 60.372 of the NSPS for lead acid batteries. These lead discharge 
limits are:
     0.40 milligram of lead per dry standard cubic meter of 
exhaust (mg/m3) from grid casting facilities,
     1.00 mg/m3 from paste mixing facilities,
     1.00 mg/m3 from three-process operations,
     5.0 mg per kilogram of lead feed from lead oxide 
manufacturing facilities,
     4.50 mg/m3 from lead reclamation facilities, 
and
     1.0 mg/m3 from any other lead-emitting 
operations.
    We are also proposing to adopt as the NESHAP for the lead acid 
battery manufacturing area source category the opacity limits from the 
lead acid battery NSPS. The opacity must be no greater than 5 percent 
from lead reclamation facilities and no greater than 0 percent from any 
affected facility except lead reclamation facilities.
3. Compliance Requirements
    We are proposing to include in this proposed NESHAP the monitoring, 
testing, recordkeeping, and reporting requirements in the NSPS for lead 
acid batteries. This proposed NESHAP requires controls for lead 
emissions from the paste mixing, three-process operation, lead oxide 
manufacturing, grid casting, lead reclamation processes, and other 
lead-emitting processes. The owner or operator would be required to 
submit quarterly reports containing information on emissions that 
exceed the applicable limits. Records would be required to demonstrate 
compliance. We are also proposing to adopt the testing, monitoring, 
recordkeeping, and reporting requirements in the part 60 General 
Provisions (40 CFR part 60, subpart A) and the initial notification and 
notification of compliance requirements in the part 63 General 
Provisions (40 CFR part 63, subpart A). We have explicitly identified 
in the proposed NESHAP the applicable General Provisions of both 40 CFR 
parts 60 and 63.
    The proposed NESHAP allows existing plants to utilize previously 
conducted performance tests, when they are representative of current 
conditions, to demonstrate compliance. Plants without representative 
prior performance tests are required to conduct performance tests by 
180 days after the compliance date.

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

1. Selection of Proposed Standards
    The NSPS applies to all lead acid battery manufacturing plants 
constructed or modified since 1982 if they produce or have the design 
capacity to produce in one day batteries containing an amount of lead 
equal to or greater than 5.9 megagrams (6.5 tons). Many existing lead 
acid battery facilities are subject to the NSPS and use fabric filters 
and impingement scrubbers to meet the lead emissions limits in the 
NSPS. In addition, through discussions with the industry trade 
organization, we have concluded that the existing facilities, whether 
they are subject to the NSPS or not, have installed fabric filters or 
other control devices that will allow them to meet the standard.
    Therefore, we have no reason to believe that the conventional 
control techniques employed to meet the emissions limits in the NSPS 
are infeasible or inappropriate for new or existing area sources. We 
have determined that the emissions control requirements in the NSPS for 
lead acid battery manufacturing are GACT for new and existing sources 
in the lead acid battery manufacturing area source category.
2. Selection of Proposed Compliance Requirements
    We have reviewed the compliance requirements in the NSPS for lead 
acid batteries and the NSPS General Provisions (40 CFR part 60, subpart 
A) applicable to this proposed NESHAP and concluded that these 
requirements are sufficient to ensure compliance with the proposed 
emissions limit standards. Therefore, we are proposing to adopt the 
NSPS testing, monitoring, and recordkeeping requirements in this 
proposed rule.
    The part 60 General Provisions are necessary for effective 
application of the lead acid battery NSPS and are therefore 
incorporated into this proposed rule as well. We are also incorporating 
certain provisions in the NESHAP General Provisions (40 CFR part 63, 
subpart A) to address aspects of this proposed rule not covered by the 
part 60 General Provisions.

VIII. Proposed Area Source NESHAP for Wood Preserving

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

    The Wood Preserving area source category includes facilities that 
use pressure or thermal processes to impregnate chemicals into wood to 
a depth that will provide effective long-term resistance to attack by 
fungi, bacteria, insects, and marine borers. As most sources in this 
source category are minor sources, few are subject to State air 
emissions regulations or permit requirements.
    Existing facilities in the wood preserving source category are 
currently well controlled in terms of emissions of the urban HAP metals 
chromium and arsenic as a result of a voluntary decision by the 
industry to discontinue certain specified uses of chromated copper 
arsenate (CCA). The discontinued uses include dimensional lumber and 
wood used in play structures, decks, picnic tables, landscaping 
timbers, residential fencing, patios, walkways, and boardwalks. The 
voluntary agreement has reduced the usage and emissions of arsenic and 
chromium compounds from CCA treatment facilities by more than 80 
percent. On March 17, 2003, pursuant to section 6(f)(1) of the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA), a cancellation 
order was signed in response to the use terminations and cancellations 
voluntarily requested by the registrants of wood preservative pesticide 
products containing CCA). Under the cancellation order, as of December 
31, 2003, newly produced CCA may only be used for preservative 
treatment of a limited number of use categories of forest products 
(e.g., lumber and timber for marine construction for salt water use; 
wood for highway construction; piles; poles; agricultural posts; and 
treated wood used as structural members on farms). The use of CCA has 
been effectively eliminated from household commodities such as decking 
as a result of the FIFRA cancellation order. Household commodities such 
as decking are now generally treated with waterborne copper-based wood 
preservative systems known as ammoniacal copper quat (ACQ) or copper 
azole (CA). These preservatives do not contain arsenic or chromium, or 
any other urban HAP as active ingredients. (See Docket Item 0001 
``Background on the Wood Preserving Industry'' in Docket ID No. EPA-HQ-
OAR-2006-0897.)
    With regard to dioxin emissions, pursuant to FIFRA, EPA issued a 
notice

[[Page 16652]]

on the wood preservative uses of pentachlorophenol to establish 
reliable and enforceable methods for implementing certified limits for 
hexachlorodibenzo-p-dioxin (HxCDD) and 2,3,7,8-tetrachlorodibenzo-p-
dioxin (2,3,7,8-TCDD or dioxin) (52 FR 140, January 2, 1987). Per the 
EPA notice, levels of 2,3,7,8-TCDD are not allowed to exceed 1 part per 
billion (ppb) in any product, and any manufacturing-use 
pentachlorophenol has to have HxCDD levels below an average of 2 ppm 
over a monthly release or a batch level limit of 4 ppm. The 
pentachlorophenol registrant has to submit monthly analyses to EPA to 
demonstrate compliance with these requirements.
    Industry representatives have reported there is no current use of 
methylene chloride by the wood preserving industry. In 1992, its use as 
a solvent system was removed from the standards of the American Wood 
Preservers' Association, which govern the treatment of wood products.
    All wood preserving plants currently in operation are area sources. 
We estimate that there are approximately 393 wood preserving area 
sources operating in the U.S. and expect that new facilities will be 
built in the coming years. In this rule, we are proposing standards for 
both new and existing area sources.

B. What are the production processes and emissions points at wood 
preserving facilities?

    Wood preserving or treatment is accomplished by either pressure or 
thermal processes. To initiate either process, wood products are 
debarked, sawed, and conditioned. More than 95 percent of all treated 
wood is preserved through pressurized processes. These processes are 
performed inside an enclosed vessel and involve the application of 
pneumatic or hydrostatic pressure to expedite the movement of 
preservative liquid into the wood.
    In a thermal treatment process, the wood is exposed to the 
preservative in an open vessel. The thermal process involves exposing 
wood to a heated preservative for 6 to 12 hours followed by exposure to 
the preservative at ambient temperature for 2 to 4 hours. According to 
industry representatives, there are currently only three facilities 
using the thermal process to treat the bottom portion (i.e., the 6 to 8 
feet that will be below ground) on certain types of utility poles.
    There are two general classes of wood preservatives: oils, such as 
creosote and petroleum solutions of pentachlorophenol (also called 
``penta'' or ``PCP'') and copper naphthanate, and waterborne salts that 
are applied as water solutions. Treated wood is used throughout the 
U.S. in a variety of capacities, including utility poles, lumber and 
timber, railroad ties, fence posts, marine pilings, plywood, and other 
miscellaneous products. By extending the service life of available wood 
through treatment with chemicals, wood treatment reduces the demands on 
forestry resources, reduces operating costs in industries such as 
utilities and railroads, and helps ensure safe working conditions where 
timbers are used as support structures.
    The urban HAP emitted from wood preserving operations that were the 
basis for the source category listing are arsenic, chromium, methylene 
chloride, and dioxins. These HAP may be released from the treatment 
process or an opening or leak in the process equipment. Significant 
effort is made by the industry to minimize any excess preservative that 
might contribute to emissions because the preservative can be as much 
as one-third of the total product cost. As a result, almost all wood 
preservation employing a pressure process takes place in a closed 
retort. A retort is an airtight pressure vessel, typically a long 
horizontal cylinder, used for the pressure impregnation of wood 
products with a liquid wood preservative. Proper use of a retort or 
similar vessel minimizes the loss of excess preservative and thereby 
limits HAP emissions.
    All of the thermal treatment processes that have been identified by 
industry utilize air scavenging systems to capture and control 
emissions coming from the process treatment vessel during the treatment 
process.
    After the preservative has been impregnated in the wood, the 
treated wood is set out to dry over a drip pad to collect preservative 
not absorbed during the treatment process. Regulations promulgated 
pursuant to the Resource Conservation and Recovery Act prohibit the 
presence of any free preservative drippage from products after they 
leave the process drip pad.

C. What are the proposed requirements for area sources?

1. Applicability and Compliance Dates
    The proposed NESHAP apply to both new and existing wood preserving 
plants that are area sources. Because existing area sources are already 
complying with the proposed standards, we are proposing that owners or 
operators of existing sources comply with all the requirements of the 
area source NESHAP by the date of publication of the final rule in the 
Federal Register. The owner or operator of a new source would be 
required to comply with the area source NESHAP by the date of 
publication of the final rule in the Federal Register or at startup, 
whichever is later.
2. Proposed Standards
    We are proposing to adopt as the NESHAP for the Wood Preserving 
area source category the control technologies and management practices 
currently used by most facilities within the wood preserving industry. 
Facilities using a pressure treatment process would be required to use 
a retort or similarly enclosed vessel for the preservative treatment of 
wood involving any wood preservatives containing chromium, arsenic, 
dioxins, or methylene chloride. Facilities using a thermal treatment 
process involving any wood preservatives containing chromium, arsenic, 
dioxins, or methylene chloride would be required to use process 
treatment tanks equipped with air scavenging systems to capture and 
control air emissions.
    These proposed standards would also require facility operators to 
minimize emissions from process tanks and equipment (e.g., retorts, 
other enclosed vessels, and thermal treatment tanks), as well as 
storage, handling, and transfer operations. These standards would have 
to be documented in a management practices plan that must include, but 
not be limited to, the following activities:
     Minimizing preservative usage;
     Maintaining records on the type of treatment process and 
types and amounts of wood preservatives used at the facility;
     For the pressure treatment process, maintaining charge 
records identifying pressure reading(s) inside the retorts (or 
similarly enclosed vessels, if applicable);
     For the thermal treatment process, maintaining records 
that an air scavenging system is installed and operated properly during 
the treatment process;
     For the pressure treatment process, fully draining the 
retort prior to opening the retort door;
     Storing treated wood product on drip pads or in a primary 
containment area to convey preservative drippage to a collection system 
until drippage has ceased;
     Promptly collecting any spills; and
     Performing relevant corrective actions or preventative 
measures in the event of a malfunction before resuming operations.
    Existing written standard operating procedures may be used as the

[[Page 16653]]

management practices plan if those procedures include the minimum 
activities required for a management practices plan.
3. Compliance Requirements
    Plants would be required to comply with limited notification 
requirements in the part 63 General Provisions (40 CFR part 63, subpart 
A). This proposed rule establishes the content and deadlines for 
submission of the notifications. We have explicitly identified in the 
proposed NESHAP the applicable General Provisions of 40 CFR part 63.

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

1. Selection of Proposed Standards
    Over the past 15 years, the wood preserving industry has undergone 
several changes related to the types of preservatives used for certain 
applications and the associated emissions with wood preservatives. 
Prior to 2003, much of the urban HAP metal emissions from the wood 
preservation area source category came from the preservative treatment 
of wood using CCA.
    In determining GACT for the wood preserving source category, we 
identified different management practices and control technologies used 
to reduce air emissions from pressure treatment processes and thermal 
treatment processes. Under section 112(d)(1) of the CAA, EPA may 
``distinguish among classes, types, and sizes of sources within a 
category or subcategory in establishing such standards * * *.'' There 
are basic differences between the two treatment processes in the type 
of process vessel used, the mechanisms affecting the potential 
generation of air emissions (pressure versus thermal), and the way 
emissions are controlled. Consequently, we are proposing a GACT 
standard for the pressure treatment subcategory and a GACT standard for 
the thermal treatment subcategory.
    For wood treatment facilities using pressure treatment processes, 
any metal HAP that are included as part of the wood preservative 
formulation (such as CCA) are impregnated into the wood product inside 
a pressurized vessel (retort), and, therefore, significant air 
emissions do not occur during the process. After the retort is returned 
to ambient pressure, excess preservative is drained back into the 
storage tanks and the treated product is stored on drip pads prior to 
shipment. Metal HAP are normally released into the environment as PM 
and will not enter the air during the drying process. As demonstrated 
by the 2004 TRI for this industry, nationwide air emissions of all 
metal HAP are negligible (i.e., arsenic = 0.0002 pounds and chromium 
compounds = 0.0003 pounds). We have not identified any other management 
practices or control technologies that would provide additional 
emissions reductions in a cost effective manner. Therefore, GACT for 
pressure treatment processes is the management practices described 
above that are being used to minimize emissions from the process 
equipment and manufacturing operations.
    The same type of retort process used in the application of CCA is 
used for most wood preservatives containing pentachlorophenol and 
emissions of dioxin are likewise limited as a result. Dioxin also has a 
very low vapor pressure, making it less likely to volatilize into the 
air during the drying process. In fact, the 2004 TRI shows less than 
0.005 grams of dioxin reported nationwide for the wood preserving 
industry. We have not identified any other management practices or 
control technologies that would provide additional emissions reductions 
in a cost effective manner for facilities using pressure treatment 
processes. Therefore, the management practices that are being used to 
minimize emissions from the retort or other similarly enclosed process 
equipment associated with the pressure treatment processes are GACT.
    For wood treatment facilities using thermal processes, the wood 
product is placed inside a treatment tank that may contain wood 
preservative with one of the urban HAP for which this category was 
listed. At the three existing facilities using the thermal process, air 
emissions are captured and controlled by an air scavenging system, 
which consists of a capture system (e.g., skirting around the tank) 
vented to a vapor recovery tank that collects condensate from the 
vapors. Therefore, no significant air emissions occur during the 
thermal treatment process.
    We have not identified any other management practices or control 
technologies that would provide additional emissions reductions in a 
cost effective manner for thermal treatment processes. Therefore, GACT 
for thermal treatment facilities entails using air scavenging systems 
to control emissions from the process treatment tanks associated with 
thermal processes consistent with the practices described above.
    Industry representatives also informed us that methylene chloride 
was replaced in their processes several years ago with different 
solvent carriers. The use of methylene chloride as a solvent system was 
removed from the standards of the American Wood Preservers' Association 
in 1992. (See Docket Item 2006-0897-0001, ``Background on the Wood 
Preserving Industry'' in Docket ID No. EPA-HQ-OAR-2006-0897.) There 
have been no emissions of methylene chloride reported in the TRI for 
the industry since 1992. However, because we cannot be certain that a 
new use for methylene chloride will not be developed in the future, we 
are proposing to require the same standards for a preservative 
containing methylene chloride.
    Based on our evaluation of the industry emissions and not being 
able to identify other cost effective management practices or control 
technologies that would provide additional emissions reductions 
involving chromium, arsenic, dioxins, or methylene chloride, we are 
proposing to establish standards based on current management practices 
and control technologies to minimize air emissions.
2. Selection of Proposed Compliance Requirements
    The proposed standards require a minimal level of monitoring and 
recordkeeping to demonstrate compliance. For this reason, we are 
proposing to base the compliance requirements for new and existing area 
sources on certain notification requirements in the part 63 General 
Provisions. The initial notification of applicability required by 40 
CFR 63.9(b)(2) would require the owner or operator to identify the 
plant as an area source subject to the standards. The notification of 
compliance status would require the owner or operator to certify 
compliance with the standards. No other recordkeeping or reporting 
requirements in the General Provisions would apply.

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

    Section 502(a) of the CAA provides that EPA may exempt one or more 
area sources from the requirements of title V if EPA finds that 
compliance with such requirements is ``impracticable, infeasible, or 
unnecessarily burdensome'' on such area sources. EPA must determine 
whether to exempt an area source from title V at the time we issue the 
relevant section 112 standard (40 CFR 70.3(b)(2)). We are proposing in 
this action to exempt acrylic and modacrylic fibers production, 
flexible polyurethane foam production and fabrication, lead acid 
battery manufacturing, and wood preserving

[[Page 16654]]

area source categories from the requirements of title V. These area 
source categories would not be required to obtain title V permits 
solely as a function of being the subject of the proposed NESHAP; 
however, if they were otherwise required to obtain title V permits, 
such requirement(s) would not be affected by the proposed exemption.
    Consistent with the statute, EPA has found that compliance with 
title V permitting is ``unnecessarily burdensome'' for acrylic and 
modacrylic fibers production, flexible polyurethane foam production and 
fabrication, lead acid battery manufacturing, and wood preserving area 
sources. EPA's inquiry into whether this criterion was satisfied was 
based primarily upon consideration of the following four factors: (1) 
Whether title V would result in significant improvements to the 
compliance requirements that we are proposing for these area source 
categories; (2) whether title V permitting would impose a significant 
burden on these area sources and whether that burden would be 
aggravated by any difficulty these sources may have in obtaining 
assistance from permitting agencies; (3) whether the costs of title V 
permitting for these area sources would be justified, taking into 
consideration any potential gains in compliance likely to occur for 
such sources; and (4) whether there are implementation and enforcement 
programs in place that are sufficient to assure compliance with these 
NESHAP without relying on title V permits.
    EPA also considered, consistent with the guidance provided by the 
legislative history of CAA section 502(a),\6\ whether exempting area 
source categories would adversely affect public health, welfare or the 
environment. We have considered the factors above in determining 
whether to include an exemption from title V in the proposed NESHAP for 
acrylic and modacrylic fibers production, flexible polyurethane foam 
production and fabrication, lead acid battery manufacturing, and wood 
preserving area sources.
---------------------------------------------------------------------------

    \6\ The legislative history of section 502(a) of the Clean Air 
Act suggests that EPA should not grant title V exemptions where 
doing so would adversely affect public health, welfare, or the 
environment. (See Chafee-Baucus Statement of Senate Managers, 
Environment and Natural Resources Policy Division 1990 CAA Leg. 
Hist. 905, compiled November 1993.)
---------------------------------------------------------------------------

    The first factor is whether title V would result in significant 
improvements to the compliance requirements we are proposing for these 
area source categories. We looked at the compliance requirements of the 
proposed NESHAP to see if they were substantially equivalent to the 
monitoring, recordkeeping and reporting requirements of title V (see 40 
CFR 70.6 and 71.6) that we believe are important for assuring 
compliance with the NESHAP. The purpose of this review was to determine 
if title V is ``unnecessary'' to improve compliance with these NESHAP. 
A finding that title V would not result in significant improvements to 
the compliance requirements in the proposed NESHAP would support a 
conclusion that title V permitting is ``unnecessary'' for area sources 
in these categories. One way that title V may improve compliance is by 
requiring monitoring (including recordkeeping designed to serve as 
monitoring) to assure compliance with the emissions limitations and 
control technology requirements imposed in the standard. The authority 
for adding new monitoring in the permit is in the ``periodic 
monitoring'' provisions of 40 CFR 70.6(a)(3)(i)(B) and 40 CFR 
71.6(a)(3)(i)(B), which allow new monitoring to be added to the permit 
when the underlying standard does not already require ``periodic 
testing or instrumental or noninstrumental monitoring (which may 
consist of recordkeeping designed to serve as monitoring).'' In 
addition, title V imposes a number of recordkeeping and reporting 
requirements that may be important for assuring compliance. These 
include requirements for a monitoring report at least every 6 months, 
prompt reports of deviations, and an annual compliance certification. 
See 40 CFR 70.6(a)(3) and 40 CFR 71.6(a)(3), 40 CFR 70.6(c)(1) and 40 
CFR 71.6(c)(1), and 40 CFR 70.6(c)(5) and 40 CFR 71.6(c)(5).
    We examined the first factor for each of the source categories and 
determined that a title V permit would not result in significant 
improvements to the compliance requirements that we are proposing. The 
following paragraphs discuss each source category separately. To 
determine whether title V permits would add significant compliance 
requirements for the Acrylic and Modacrylic Fibers Production area 
source category, we compared the title V monitoring, recordkeeping, and 
reporting requirements mentioned above to those requirements in the 
proposed NESHAP, which adopts the compliance requirements in the State-
issued permit for the one area source plant currently in operation. The 
proposed NESHAP requires CPMS to measure and record the water flow rate 
to the control device (wet scrubber) every 15 minutes and to determine 
the daily average flow rate. Periodic visual inspections of AN storage 
tanks equipped with a fixed roof in combination with an internal 
floating roof must be conducted according to the NSPS requirements in 
40 CFR part 60, subpart Kb. Because both the continuous and 
noncontinuous monitoring methods required by the proposed NESHAP would 
provide periodic monitoring, title V would not add any monitoring to 
the proposed NESHAP.
    We also considered the extent to which title V could enhance 
compliance through recordkeeping or reporting requirements, including 
title V requirements for a 6-month monitoring report, deviation 
reports, and an annual compliance certification in 40 CFR 70.6 and 
71.6. The proposed NESHAP for acrylic and modacrylic fibers production 
requires the plant to determine compliance with daily average operating 
limits for the water flow rates to each control device on a monthly 
basis and to submit compliance reports to EPA or the delegated 
authority on a quarterly basis. Should the daily average water flow 
rate to a wet scrubber control device fall below the operating limits, 
the plant must notify EPA or the delegated authority in writing within 
10 days of the identification of the exceedance. All area source plants 
would be required to comply with the requirements for startup, 
shutdown, and malfunction plans, reports, and records in 40 CFR 
63.6(e)(3).
    Records are required to demonstrate compliance with the NSPS 
inspection and repair requirements for storage tanks in 40 CFR part 60, 
subpart Kb. The information required in the proposed NESHAP is similar 
to the information that must be provided in the deviation reports and 
semiannual monitoring reports required under 40 CFR 70.6(a)(3) and 40 
CFR 71.6(a)(3).
    The proposed NESHAP does not require an annual compliance 
certification report, which is a requirement of a title V permit. See 
40 CFR 70.5(c)(9)(iii) and 40 CFR 71.6(c)(5)(i). EPA believes that the 
annual certification reporting requirement is not necessary because the 
quarterly reports are adequate to ensure compliance for existing 
sources. New sources would submit notifications and reports required by 
the part 63 General Provisions.
    The monitoring, recordkeeping and reporting requirements in the 
proposed NESHAP for the Acrylic and Modacrylic Fibers Production area 
source category are substantially equivalent to such requirements under 
title V. Therefore,

[[Page 16655]]

we conclude that title V would not result in significant improvements 
to the compliance requirements we are proposing for this area source 
category.
    To determine whether title V permits would add significant 
compliance requirements to the proposed NESHAP for Lead Acid Battery 
Manufacturing, we also compared the title V monitoring, recordkeeping, 
and reporting requirements to those requirements in the proposed 
NESHAP, which adopts the compliance requirements in the NSPS. The NSPS 
requires that a facility using a scrubbing system install, calibrate, 
maintain, and operate a monitoring device that measures and records the 
pressure drop across the scrubbing system at least once every 15 
minutes. Each facility must demonstrate compliance by either conducting 
a performance test or submitting the results of a previous performance 
test conducted using the methods and procedures in the proposed NESHAP. 
Because both the continuous and noncontinuous monitoring methods 
required by the proposed NESHAP would provide periodic monitoring, 
title V would not add any monitoring to the proposed NESHAP.
    We also considered the extent to which title V could enhance 
compliance through recordkeeping or reporting requirements, including 
title V requirements for a 6-month monitoring report, deviation 
reports, and an annual compliance certification in 40 CFR 70.6 and 
71.6. Records are required to demonstrate compliance. Plants also would 
be required to comply with the testing, monitoring, recordkeeping, and 
reporting requirements in the part 60 General Provisions (40 CFR part 
60, subpart A). The information required in the proposed NESHAP is 
similar to the information that must be provided in the deviation 
reports and semiannual monitoring reports required under 40 CFR 
70.6(a)(3) and 40 CFR 71.6(a)(3).
    The proposed NESHAP does not require an annual compliance 
certification report, which is a requirement of a title V permit. See 
40 CFR 70.5(c)(9)(iii) and 40 CFR 71.6(c)(5)(i). EPA believes that the 
annual certification reporting requirement is not necessary because the 
quarterly reports are adequate to ensure compliance for new and 
existing sources.
    The monitoring, recordkeeping and reporting requirements in the 
proposed NESHAP for the Lead Acid Battery Manufacturing area source 
category are substantially equivalent to such requirements under title 
V. Therefore, we conclude that title V would not result in significant 
improvements to the compliance requirements we are proposing for this 
area source category.
    To determine whether title V permits would add significant 
compliance requirements, we also compared the title V monitoring, 
recordkeeping, and reporting requirements to those requirements in the 
proposed NESHAP for Flexible Polyurethane Foam Production and 
Fabrication area source category. The proposed NESHAP does not contain 
monitoring or periodic reporting requirements for facilities that have 
already reduced HAP emissions by complying with the proposed ban on 
methylene chloride. These provisions are not included in the proposed 
NESHAP for this area source category because the discontinued use of 
methylene chloride would reduce urban HAP emissions without the need 
for continuous or periodic monitoring of equipment or operations. For 
slabstock foam plants still using methylene chloride, the proposed 
NESHAP requires the same monitoring that must be performed by major 
sources. Therefore, title V would not add any monitoring to the 
proposed NESHAP.
    We also considered the extent to which title V could enhance 
compliance for area sources through recordkeeping or reporting 
requirements, including title V requirements for a 6-month monitoring 
report, deviation reports, and an annual compliance certification in 40 
CFR 70.6 and 71.6. The proposed NESHAP requires foam plants that have 
discontinued the use of methylene chloride to certify compliance with 
the prohibition on methylene chloride. For slabstock foam plants still 
using methylene chloride, the proposed NESHAP requires the same 
recordkeeping or reporting that must be performed by major sources. The 
information required in the proposed reports and records is similar to 
the information that must be provided in the deviation reports and 
required under 40 CFR 70.6(a)(3) and 40 CFR 71.6(a)(3).
    The proposed NESHAP requires a report if a deviation occurs, but 
does not require periodic compliance reports. The addition of periodic 
reports for sources that are not subject to monitoring requirements 
would not result in significant improvements to the compliance 
requirements we are proposing for this area source category.
    The proposed NESHAP does not require an annual compliance 
certification report, which is a requirement of a title V permit. See 
40 CFR 70.5(c)(9)(iii) and 40 CFR 71.6(c)(5)(i). EPA believes that the 
annual certification reporting requirement is not necessary because the 
deviation reports are adequate to ensure compliance for new and 
existing sources.
    To determine whether title V permits would add significant 
compliance requirements, we also compared the title V monitoring, 
recordkeeping, and reporting requirements to those requirements in the 
proposed NESHAP for the Wood Preserving area source category. EPA 
determined that the good management practices currently used at most 
facilities during the application of wood preservatives is GACT for 
this source category. The rule proposes to require recordkeeping and 
deviation reporting to ensure compliance with the NESHAP. Given the 
nature of the management practices proposed for this source category, 
we believe that the recordkeeping and reporting requirements in the 
rule are sufficient to ensure compliance and find that additional 
monitoring is not necessary in this instance. The proposed NESHAP does 
not contain monitoring or periodic reporting requirements because the 
facilities have reduced HAP emissions by using good management 
practices as part of their standard method of operation.
    The management practices would reduce urban HAP emissions without 
the need for continuous monitoring of equipment or operations. 
Therefore, title V would not add any monitoring to the proposed NESHAP. 
We also considered the extent to which title V could enhance compliance 
for area sources through recordkeeping or reporting requirements, 
including title V requirements for a 6-month monitoring report, 
deviation reports, and an annual compliance certification in 40 CFR 
70.6 and 71.6.
    The proposed NESHAP also requires wood preserving plants to certify 
compliance with the management practices identified as GACT. In 
addition, wood preserving plants must maintain records showing 
compliance with the required management practices in the proposed 
NESHAP and report deviations. The information required in the proposed 
reports and records is similar to the information that must be provided 
in the deviation reports and required under 40 CFR 70.6(a)(3) and 40 
CFR 71.6(a)(3). We have determined that title V would not enhance 
compliance for area sources through additional recordkeeping or 
reporting requirements.
    The second factor we considered is whether title V permitting would 
impose significant burdens on these area sources and whether that 
burden would be aggravated by any difficulty

[[Page 16656]]

these sources may have in obtaining assistance from permitting 
agencies. The information collection request (ICR) for parts 70 and 71 
describes the title V burdens and costs in the aggregate, and although 
they do not focus on area sources, they do describe the various 
activities undertaken by title V sources, including area sources, so 
many of the same burdens and costs described in the ICR will also apply 
to area sources. Some examples of this burden include reading and 
understanding permit program guidance and regulations, completing the 
permit application, preparing and submitting applications for permit 
revisions every 5 years, and paying permit fees. We believe that this 
cost is a significant burden for these area sources.
    The third factor we considered is whether the costs of title V 
permitting for these area sources would be justified, taking into 
consideration any potential gains in compliance likely to occur for 
such sources. Based on our consideration of factor 1 (described above) 
and factor 4 (described below), we did not identify potential gain in 
compliance from title V permitting. Therefore, we conclude that the 
costs of title V permitting for these area source categories are not 
justified.
    The fourth factor we considered is whether there are implementation 
and enforcement programs in place that are sufficient to assure 
compliance with these NESHAP without relying on title V permits. A 
conclusion that these criteria can be met would support a conclusion 
that title V permitting is ``unnecessary'' for these area sources. See 
70 FR 15254. There are State programs in place to enforce these area 
source NESHAP. We believe that these programs are sufficient to assure 
compliance with these NESHAP. In addition, EPA retains authority to 
enforce these NESHAP anytime under CAA sections 112, 113 and 114. In 
light of the above, we conclude that title V permitting is 
``unnecessary'' to assure compliance with these NESHAP because the 
statutory requirements for implementation and enforcement of these 
NESHAP by the delegated States and EPA are sufficient to assure 
compliance with these area source NESHAP, in all parts of the U.S., 
without title V permits. In addition, small business assistance 
programs required by CAA section 507 may be used to assist area sources 
that have been exempted from title V permitting. Also, States and EPA 
often conduct voluntary compliance assistance, outreach, and education 
programs (compliance assistance programs), which are not required by 
statute. These additional programs supplement and enhance the success 
of compliance with these area source NESHAP. In light of all of the 
above, we conclude that there are implementation and enforcement 
programs in place that are sufficient to assure compliance with these 
NESHAP without relying on title V permitting.
    In addition to evaluating whether compliance with title V 
requirements is ``unnecessarily burdensome'', EPA also considered, 
consistent with guidance provided by the legislative history of section 
502(a), whether exempting these area source categories from title V 
requirements would adversely affect public health, welfare, or the 
environment. Exemption of these area source categories from title V 
requirements would not adversely affect public health, welfare, or the 
environment because the level of control would remain the same if a 
permit were required. Therefore, we conclude that exempting these area 
sources from title V permitting requirements in these proposed rules 
would not adversely affect public health, welfare, or the environment.
    One of the primary purposes of the title V permitting program is to 
clarify, in a single document, the various and sometimes complex 
regulations that apply to sources in order to improve understanding of 
these requirements and to help sources to achieve compliance with the 
requirements. In this case, however, we do not believe that a title V 
permit is necessary for us to understand the requirements applicable to 
these area sources. This proposal would add new requirements to the 
NESHAP for new area sources. We have determined that the current 
requirements for existing area sources reflect GACT and thus adopted 
them in the proposed rules for existing sources. Furthermore, we do not 
find the requirements for existing sources to be very complicated to 
understand or implement. For these reasons, we do not find that title V 
permitting is necessary to improve understanding of and achieve 
compliance with these standards.
    Based on the above analysis, we conclude that title V permitting 
would be ``unnecessarily burdensome'' for the acrylic and modacrylic 
fibers production, flexible polyurethane foam production and 
fabrication, lead acid battery manufacturing, and wood preserving area 
source categories. We are, therefore, proposing that these area source 
categories be exempt from title V permitting requirements.

X. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

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

B. Paperwork Reduction Act

    The information requirements in the proposed NESHAP for Acrylic and 
Modacrylic Fibers Production Area Sources, Carbon Black Production Area 
Sources, Chemical Manufacturing: Chromium Compounds Area Sources, 
Flexible Polyurethane Foam Production and Fabrication Area Sources, 
Lead Acid Battery Manufacturing Area Sources, and Wood Preserving Area 
Sources have been submitted for approval to OMB under the Paperwork 
Reduction Act, 44 U.S.C. 3501 et seq. The ICR document prepared by EPA 
has been assigned EPA ICR number 2256.01.
    The recordkeeping and reporting requirements in the proposed rules 
are based on the existing permit requirements as well as the 
information collection requirements in the part 63 General Provisions 
(40 CFR part 63, subpart A). The recordkeeping and reporting 
requirements in the General Provisions 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 proposed information collection requirements for acrylic and 
modacrylic fibers production are the same as the requirements that are 
in the current State operating permit for the one existing source. The 
only new information collection requirements that would apply to this 
area source would consist of initial notifications and an SSM plan. Any 
new acrylic and modacrylic fibers production area source would be 
subject to all information collection requirements in the part 63 
General Provisions.
    The annual burden for this information collection averaged over the 
first 3 years of this ICR is estimated to total 9 labor hours per year 
at a cost of $780 for the one existing acrylic and modacrylic fibers 
area source. No

[[Page 16657]]

capital/startup costs or operation and maintenance costs are associated 
with the proposed requirements. No costs or burden hours are estimated 
for new acrylic and modacrylic fibers production area sources because 
no new area sources are estimated during the next 3 years.
    The proposed NESHAP for carbon black production area sources 
includes testing, monitoring, recordkeeping, and reporting requirements 
equivalent to current requirements applicable to the existing area 
source carbon black production facility. The only new information 
collection requirements that would apply to this area source would 
consist of initial notifications and SSM plans. Any new carbon black 
production area source would be subject to all information collection 
requirements in the part 63 General Provisions.
    The annual burden for this information collection averaged over the 
first 3 years of this ICR is estimated to total 9 labor hours per year 
at a cost of $780 for the one existing carbon black production area 
source. No capital/startup costs or operation and maintenance costs are 
associated with the proposed requirements. No costs or burden hours are 
estimated for new carbon black production area sources because no new 
sources are estimated during the next 3 years.
    The proposed PM testing, monitoring, recordkeeping, and reporting 
requirements for existing chromium compounds manufacturing area sources 
are the same as the requirements that are in the current title V 
operating permit for the two existing facilities. The only new 
information collection requirements that would apply to these area 
sources would consist of initial notifications, SSM plans, and control 
device inspections at one plant. Any new chromium compounds 
manufacturing area source would be subject to all information 
collection requirements in the part 63 General Provisions.
    The annual burden for this information collection averaged over the 
first 3 years of this ICR is estimated to total 194 labor hours per 
year at a cost of $16,409 for the two existing chromium compounds 
manufacturing area sources. No capital/startup costs or operation and 
maintenance costs are associated with the proposed requirements. No 
costs or burden hours are estimated for new chromium compounds 
manufacturing area sources because no new area sources are estimated 
during the next 3 years.
    The proposed NESHAP for flexible polyurethane foam production and 
fabrication operations area sources requires a one-time notification by 
slab stock foam facilities that they do not use methylene chloride and 
records documenting that they do not use methylene chloride. One plant 
that uses methylene chloride would be subject to additional reporting 
requirements.
    The annual burden for this information collection averaged over the 
first 3 years of this ICR is estimated to total 835 labor hours per 
year at a cost of $70,686 for the 500 or more existing flexible foam 
fabrication and production area sources. No capital/startup costs or 
operation and maintenance costs are associated with the proposed 
requirements. No costs or burden hours are estimated for new flexible 
foam production or fabrication area sources because no new sources are 
estimated during the next 3 years.
    The proposed PM testing, monitoring, recordkeeping, and reporting 
requirements for new and existing lead acid battery manufacturing area 
sources are the same as the requirements that are in the NSPS (40 CFR 
part 60, subpart KK). In addition, new information collection 
requirements that would apply to these area sources would consist of 
either an initial performance test or submission of the results of a 
previous performance test and the requirements in the part 63 General 
Provisions for initial notifications.
    The annual burden for this information collection averaged over the 
first 3 years of this ICR is estimated to total 675 labor hours per 
year at a cost of $57,147 for the 58 existing lead acid battery 
manufacturing area sources. No capital/startup costs or operation and 
maintenance costs are associated with the proposed requirements. No 
costs or burden hours are estimated for new lead acid battery 
manufacturing area sources because no new sources are estimated during 
the next 3 years.
    The proposed NESHAP for wood preserving area sources does not 
include testing, monitoring, or recordkeeping requirements because they 
are subject to management practices. The only new information 
collection requirements that would apply to these existing area sources 
would consist of initial notifications and records demonstrating 
compliance with the management practice requirements.
    The annual burden for this information collection averaged over the 
first 3 years of this ICR is estimated to total 1,055 labor hours per 
year at a cost of $89,324 for approximately 400 existing wood 
preserving area sources. No capital/startup costs or operation and 
maintenance costs are associated with the proposed requirements. No 
costs or burden hours are estimated for new wood preserving area 
sources because no new sources are estimated during the next 3 years.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, disclose, or provide 
information to or for a Federal agency. This includes the time needed 
to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements; 
train personnel to be able to respond to a collection of information; 
search data sources; complete and review the collection of information; 
and transmit or otherwise disclose the information.
    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.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to prepare a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements under the Administrative 
Procedure Act or any other statute unless the agency certifies that the 
rule would not have a significant economic impact on a substantial 
number of small entities. Small entities include small businesses, 
small not-for-profit enterprises, and small governmental jurisdictions.
    For the purposes of assessing the impacts of the proposed area 
source NESHAP on small entities, small entity is defined as: (1) A 
small business that meets the Small Business Administration size 
standards for small businesses found at 13 CFR 121.201 (less than 1,000 
employees for acrylic and modacrylic fiber production and chromium 
compounds manufacturing and less than 500 employees for carbon black 
production, flexible polyurethane foam production and fabrication, 
lead-acid battery manufacturing, and wood preserving); (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.

[[Page 16658]]

    After considering the economic impacts of the proposed rules on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. There would 
not be adverse impacts on existing area sources in any of the seven 
source categories because the proposed rules do not create any new 
requirements or burdens for existing sources other than minimal 
notification requirements.
    Although the proposed NESHAP contain emissions control requirements 
for new area sources in all seven source categories, we are not 
specifically aware of any new sources being constructed now or planned 
in the next 3 years, and consequently, we did not estimate any impacts 
for new sources.
    We continue to be interested in the potential impacts of the 
proposed action on small entities and welcome comments on issues 
related to such impacts.

D. Unfunded Mandates Reform Act

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

E. Executive Order 13132: Federalism

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

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

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

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

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

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

    The proposed rules are not a ``significant energy action'' as 
defined in Executive Order 13211 (66 FR 28355, May 22, 2001) because 
they are not likely to have a significant adverse effect on the supply, 
distribution, or use of energy. Further, we have concluded that these 
proposed rules are not likely to have any adverse energy effects 
because energy requirements would remain at existing levels. No 
additional pollution controls or other equipment that would consume 
energy are required by the proposed rules.

I. National Technology Transfer Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement

[[Page 16659]]

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 bodies. The NTTAA directs EPA to provide Congress, through OMB, 
explanations when the Agency does not use available and applicable VCS.
    The proposed rules involve technical standards. The EPA cites the 
following standards: EPA Methods 1, 1A, 2, 2A, 2C, 2D, 2F, 2G, 3, 3A, 
3B, 4, 5, 5D, 9, or 22 in 40 CFR part 60, appendix A. The method ASME 
PTC 19.10-1981, ``Flue and Exhaust Gas Analyses,'' (incorporated by 
reference-see 40 CFR 63.14) is cited in this proposed rule for its 
manual method for measuring the oxygen, carbon dioxide, and carbon 
monoxide content of the exhaust gas. This part of ASME PTC 19.10-1981 
is an acceptable alternative to EPA Method 3B. This ASTM method is a 
VCS.
    Consistent with the NTTAA, EPA conducted searches to identify VCS 
in addition to these EPA methods. No applicable VCS were identified for 
EPA Methods 1A, 2A, 2D, 2F, 2G, 5D, 9, or 22. The search and review 
results are in the docket for these proposed rules.
    The search for emissions measurement procedures identified 12 other 
VCS. The EPA determined that these 12 standards identified for 
measuring emissions of the HAP or surrogates subject to emissions 
standards in these proposed rules were impractical alternatives to EPA 
test methods. Therefore, EPA does not intend to adopt these standards 
for this purpose. The reasons for the determinations for the 12 methods 
discussed in a memorandum included in the docket for these proposed 
rules.
    For the methods required or referenced by these proposed rules, a 
source may apply to EPA for permission to use alternative test methods 
or alternative monitoring requirements in place of any required testing 
methods, performance specifications, or procedures under Sec.  63.7(f) 
and Sec.  63.8(f) of subpart A of the General Provisions.

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

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

List of Subjects in 40 CFR Part 63

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

    Dated: March 22, 2007.
Stephen L. Johnson,
Administrator.
    For the reasons stated in the preamble, title 40, chapter I, part 
63 of the Code of Federal Regulations is proposed to be amended as 
follows:

PART 63--[AMENDED]

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

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

Subpart A--[Amended]

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


Sec.  63.14  Incorporations by reference.

* * * * *
    (i) * * *
    (1) ANSI/ASME PTC 19.10-1981, ``Flue and Exhaust Gas Analyses [Part 
10, Instruments and Apparatus],'' IBR approved for Sec. Sec.  
63.309(k)(1)(iii), 63.865(b), 63.3166(a)(3), 63.3360(e)(1)(iii), 
63.3545(a)(3), 63.3555(a)(3), 63.4166(a)(3), 63.4362(a)(3), 
63.4766(a)(3), 63.4965(a)(3), 63.5160(d)(1)(iii), 63.9307(c)(2), 
63.9323(a)(3), 63.11148(e)(3)(iii), 63.11155(e)(3), 63.11162(f)(3)(iii) 
and (f)(4), 63.11163(g)(1)(iii) and (g)(2), 63.11410(j)(1)(iii), and 
Table 5 of subpart DDDDD of this part.
* * * * *
    3. Part 63 is amended by adding subpart LLLLLL to read as follows:

Subpart LLLLLL--National Emission Standards for Hazardous Air 
Pollutants for Acrylic and Modacrylic Fibers Production Area 
Sources

Sec.

Applicability and Compliance Dates

63.11393 Am I subject to this subpart?
63.11394 What are my compliance dates?

Standards and Compliance Requirements

63.11395 What are the standards and compliance requirements for 
existing sources?
63.11396 What are the standards and compliance requirements for new 
sources?

Other Requirements and Information

63.11397 What General Provisions apply to this subpart?
63.11398 What definitions apply to this subpart?
63.11399 Who implements and enforces this subpart?
Table 1 to Subpart LLLLLL of Part 63--Applicability of General 
Provisions to Subpart LLLLLL

Applicability and Compliance Dates


Sec.  63.11393  Am I subject to this subpart?

    (a) You are subject to this subpart if you own or operate an 
acrylic or modacrylic fiber production plant 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 acrylic or modacrylic fiber plant.
    (1) An affected source is existing if you commenced construction or 
reconstruction of the affected source before April 4, 2007.
    (2) An affected source is new if you commenced construction or 
reconstruction of the affected source on or after April 4, 2007.
    (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.

[[Page 16660]]

Sec.  63.11394  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 no 
later than 6 months after the date of publication of the final rule in 
the Federal Register.
    (b) If you startup a new affected source on or before the date of 
publication of the final rule in the Federal Register, you must achieve 
compliance with the applicable provisions of this subpart not later 
than the date of publication of the final rule in the Federal Register.
    (c) If you startup a new affected source after the date of 
publication of the final rule in the Federal Register, you must achieve 
compliance with the provisions in this subpart upon startup of your 
affected source.

Standards and Compliance Requirements


Sec.  63.11395  What are the standards and compliance requirements for 
existing sources?

    (a) You must operate and maintain capture or enclosure systems that 
collect the gases and fumes containing AN released from polymerization 
process equipment and monomer recovery process equipment and convey the 
collected gas stream through a closed vent system to a control device.
    (b) You must not discharge to the atmosphere through any 
combination of stacks or other vents captured gases containing AN in 
excess of the emissions limits in paragraphs (b)(1) and (2) of this 
paragraph.
    (1) 0.2 pounds of AN per hour (lb/hr) from the control device for 
polymerization process equipment.
    (2) 0.05 lb/hr of AN from the control device for monomer recovery 
process equipment.
    (c) If you use a wet scrubber control device, you must comply with 
the control device parameter operating limits in paragraphs (c)(1) and 
(2) of this section.
    (1) You must maintain the daily average water flow rate to a wet 
scrubber used to control polymerization process equipment at a minimum 
of 50 liters per minute (l/min). If the water flow to the wet scrubber 
ceases, the polymerization reactor(s) must be shut down.
    (2) You must maintain the daily average water flow rate to a wet 
scrubber used to control monomer recovery process equipment at a 
minimum of 30 l/min.
    (d) You must comply with the requirements of the New Source 
Performance Standard for Volatile Organic Liquids (40 CFR part 60, 
subpart Kb) for vessels that store acrylonitrile. The provisions in 40 
CFR 60.114b do not apply to this subpart.
    (e) You must operate continuous parameter monitoring systems (CPMS) 
to measure and record the water flow rate to a wet scrubber control 
device for the polymerization process equipment and the monomer 
recovery process equipment. The CPMS must record the water flow rate at 
least every 15 minutes and determine and record the daily average water 
flow rate.
    (f) You must determine compliance with the daily average control 
device parameter operating limits for water flow rate in paragraph (c) 
of this section on a monthly basis and submit a summary report to EPA 
or the delegated authority on a quarterly basis. Should the daily 
average water flow rate to a wet scrubber control device for the 
polymerization process equipment fall below 50 l/min or the daily water 
flow rate to a wet scrubber control device for the monomer recovery 
process equipment fall below 30 l/min, you must notify EPA or the 
delegated authority in writing within 10 days of the identification of 
the exceedance.
    (g) You must keep records of each monthly compliance determination 
for the water flow rate operating parameter limits in a permanent form 
suitable for inspection and retain the records for at least 2 years 
following the date of each compliance determination.
    (h) You must conduct a performance test for each control device for 
polymerization process equipment and monomer recovery process equipment 
subject to an emissions limit in paragraph (b) of this section within 
180 days of your compliance date and report the results in your 
notification of compliance status. You must conduct each test according 
to the requirements in 40 CFR 63.7 and Sec.  63.1104 of subpart YY. You 
are not required to conduct a performance test if a prior performance 
test was conducted using the methods specified in Sec.  63.1104 of 
subpart YY and either no process changes have been made since the test, 
or you can demonstrate that the results of the performance test, with 
or without adjustments, reliably demonstrate compliance despite process 
changes.
    (i) If you do not use a wet scrubber control device for the 
polymerization process equipment or the monomer recovery process 
equipment, you must submit a monitoring plan to EPA or the delegated 
authority 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 Sec.  63.1104 of 
subpart YY verifying the performance of the device for reducing AN 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 emissions limits; 
and
    (5) Operating parameter limits based on monitoring data collected 
during the performance test.
    (j) If you do not operate a monomer recovery process that removes 
AN prior to spinning, you must comply with the requirements in 
paragraph (j)(1), (2), or (3) of this section for each fiber spinning 
line that uses a spin dope produced from either a suspension 
polymerization process or solution polymerization process.
    (1) You must reduce the AN concentration of the spin dope to less 
than 100 parts per million by weight (ppmw); or
    (2) You must design and operate a fiber spinning line enclosure 
according to the requirements in Sec.  63.1103(b)(4) of subpart YY and 
reduce AN emissions by 85 weight-percent or more by venting emissions 
from the enclosure through a closed vent system to any combination of 
control devices meeting the requirements in Sec.  63.982(a)(2) of 
subpart SS; or
    (3) You must reduce AN emissions from the spinning line to less 
than or equal to 0.5 pounds of AN per ton (lb/ton) of acrylic and 
modacrylic fiber produced.


Sec.  63.11396  What are the standards and compliance requirements for 
new sources?

    (a) You must comply with the requirements in paragraph (a)(1) or 
(2) of this section for each process vent where the AN concentration of 
the vent stream is equal to or greater than 50 parts per million by 
volume (ppmv) and the average flow rate is equal to or greater than 
0.005 cubic meters per minute, as determined by the applicability and 
assessment procedures in Sec.  63.1104 of subpart YY.
    (1) You must reduce emissions of AN by 98 weight-percent or limit 
the concentration of AN in the emissions to no more than 20 ppmv, 
whichever is less stringent, by venting emissions through a closed vent 
system to any combination of control devices meeting

[[Page 16661]]

the requirements for process vents in Sec.  63.982(a)(2) of subpart SS; 
or
    (2) You must reduce emissions of AN by using a flare that meets the 
requirements of Sec.  63.987 of subpart SS.
    (b) You must comply with the requirements in paragraph (b)(1), (2), 
or (3) of this section for each fiber spinning line that uses a spin 
dope produced from either a suspension polymerization process or 
solution polymerization process.
    (1) You must reduce the AN concentration of the spin dope to less 
than 100 parts per million by weight (ppmw); or
    (2) You must design and operate a fiber spinning line enclosure 
according to the requirements in Sec.  63.1103(b)(4) of subpart YY and 
reduce AN emissions by 85 weight-percent or more by venting emissions 
from the enclosure through a closed vent system to any combination of 
control devices meeting the requirements in Sec.  63.982(a)(2) of 
subpart SS; or
    (3) You must reduce AN emissions from the spinning line to less 
than or equal to 0.5 pounds of AN per ton (lb/ton) of acrylic and 
modacrylic fiber produced.
    (c) You must comply with the requirements for storage vessels 
holding acrylonitrile as shown in Table 2 to Sec.  63.1103(b)(3)(i) of 
subpart YY.
    (d) You must comply with the requirements for equipment that 
contains or contacts 10 percent by weight or more of AN and operates 
300 hours per year as shown in Table 2 to Sec.  63.1103(b)(3)(i) of 
subpart YY.
    (e) You must comply with the requirements for process wastewater 
and maintenance wastewater from an acrylic and modacrylic fiber 
production process as shown in Table 2 to Sec.  63.1103(b)(3)(i) of 
subpart YY.
    (f) You must comply with all testing, monitoring, recordkeeping, 
and reporting requirements in subpart SS (for process vents); subpart 
SS or WW (for AN tanks); subpart TT or UU (for equipment leaks); and 
subpart G (for process wastewater and maintenance wastewater). Only the 
provisions in Sec. Sec.  63.132 through 63.148 and Sec. Sec.  63.151 
through 63.153 of subpart G apply to this subpart.
    (g) If you use a control device other than a wet scrubber, flare, 
incinerator, boiler, process heater, absorber, condenser, or carbon 
adsorber, 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 (f) of this 
section verifying the performance of the device for reducing AN 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 emissions limits; 
and
    (5) Operating parameter limits based on monitoring data collected 
during the performance test.

Other Requirements and Information


Sec.  63.11397  What General Provisions apply to this subpart?

    (a) You must meet the requirements of the General Provisions in 40 
CFR part 63, subpart A, as shown in Table 1 to this subpart.
    (b) If you own or operate an existing affected source, your 
notification of compliance status required by Sec.  63.9(h) must 
include the following information:
    (1) This certification of compliance, signed by a responsible 
official, for the standards in Sec.  63.11395(a): ``This facility 
complies with the management practices required in Sec.  63.11395(a) 
for operation of capture systems for polymerization process equipment 
and monomer recovery process equipment.''
    (2) This certification of compliance, signed by a responsible 
official, for the emissions limits in Sec.  63.11395(b): ``This 
facility complies with the emissions limits in Sec.  63.11395(b) for 
control devices serving the polymerization process equipment and 
monomer recovery process equipment based on previous performance tests 
in accordance with Sec.  63.11395(h).'' If you conduct a performance 
test to demonstrate compliance, you must include the results of the 
performance test.
    (3) This certification of compliance, signed by a responsible 
official, for the standards for storage tanks in Sec.  63.11396(d): 
``This facility complies with the requirements of 40 CFR part 60, 
subpart Kb for each tank that stores acrylonitrile.''
    (4) This certification of compliance, signed by a responsible 
official, for the requirement in Table 1 to subpart LLLLLL for 
preparation of a startup, shutdown, and malfunction plan: ``This 
facility has prepared a startup, shutdown, and malfunction plan in 
accordance with the requirements of 40 CFR 63.6(e)(3).''
    (c) If you own or operate a new affected source, your notification 
of compliance status required by Sec.  63.9(h) must include:
    (1) The results of the initial performance test or compliance 
demonstration for each process vent (including closed vent system and 
control device, flare, or recovery device), fiber spinning line, AN 
storage tank, equipment, and wastewater stream subject to this subpart.
    (2) This certification of compliance, signed by a responsible 
official, for the applicable emissions limit in Sec.  63.11396(a) for 
process vents: ``This facility complies with the emissions limits in 
Sec.  63.11396(a) for each process vent subject to control.''
    (3) This certification of compliance, signed by a responsible 
official, for the applicable emissions limit in Sec.  63.11396(b) for 
each fiber spinning line: ``This facility complies with the emissions 
limit and/or management practice requirements in Sec.  63.11396(b)(1), 
(2), or (3) for each fiber spinning line.''
    (4) This certification of compliance, signed by a responsible 
official, for the storage tank requirements in Sec.  63.11396(c): 
``This facility complies with the requirements for storage vessels 
holding acrylonitrile as shown in Table 2 to Sec.  63.1103(b)(3)(i) of 
subpart YY.''
    (5) This certification of compliance, signed by a responsible 
official, for the equipment leak requirements in Sec.  63.11396(d): 
``This facility complies with the requirements for all equipment that 
contains or contacts 10 percent by weight or more of AN and operates 
300 hours per year or more as shown in Table 2 to Sec.  
63.1103(b)(3)(i) of subpart YY.''
    (6) This certification of compliance, signed by a responsible 
official, for the process wastewater and maintenance wastewater 
requirements in Sec.  63.11396(e): ``This facility complies with the 
requirements in Table 2 to Sec.  63.1103(b)(3)(i) of subpart YY for 
each process wastewater stream and each maintenance wastewater 
stream.''
    (d) If you own or operate a new affected source, you must report 
any deviation from the requirements of this subpart in the semiannual 
report required by 40 CFR 63.10(e)(3).


Sec.  63.11398  What definitions apply to this subpart?

    Acrylic fiber means a manufactured synthetic fiber in which the 
fiber-forming substance is any long-chain synthetic polymer composed of 
at least 85 percent by weight of acrylonitrile units.

[[Page 16662]]

    Acrylic and modacrylic fibers production means the production of 
either of the following synthetic fibers composed of acrylonitrile 
units: acrylic fiber or modacrylic fiber.
    Acrylonitrile solution polymerization means a process where 
acrylonitrile and comonomers are dissolved in a solvent to form a 
polymer solution (typically polyacrylonitrile). The polyacrylonitrile 
is soluble in the solvent. In contrast to suspension polymerization, 
the resulting reactor polymer solution (spin dope) is filtered and 
pumped directly to the fiber spinning process.
    Acrylonitrile suspension polymerization means a polymerization 
process where small drops of acrylonitrile and comonomers are suspended 
in water in the presence of a catalyst where they polymerize under 
agitation. Solid beads of polymer are formed in this suspension 
reaction which are subsequently filtered, washed, refiltered, and 
dried. The beads must be subsequently redissolved in a solvent to 
create a spin dope prior to introduction to the fiber spinning process.
    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 
management practice;
    (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 management practice 
in this subpart during startup, shutdown, or malfunction, regardless of 
whether or not such failure is permitted by this subpart.
    Equipment means each of the following that is subject to this 
subpart: Pump, compressor, agitator, pressure relief device, sampling 
collection system, open-ended valve or line, valve connector, 
instrumentation system in organic HAP service which contains or 
contacts greater than 10 percent by weight of acrylonitrile and 
operates more than 300 hours per year.
    Fiber spinning line means the group of equipment and process vents 
associated with acrylic or modacrylic fiber spinning operations. The 
fiber spinning line includes (as applicable to the type of spinning 
process used) the blending and dissolving tanks, spinning solution 
filters, wet spinning units, spin bath tanks, and the equipment used 
downstream of the spin bath to wash, dry, or draw the spun fiber.
    Maintenance wastewater means wastewater generated by the draining 
of process fluid from components in the process unit, whose primary 
product is a product produced by a source category subject to this 
subpart, into an individual drain system prior to or during maintenance 
activities. Maintenance wastewater can be generated during planned and 
unplanned shutdowns and during periods not associated with a shutdown. 
Examples of activities that can generate maintenance wastewaters 
include descaling of heat exchanger tubing bundles, cleaning of 
distillation column traps, draining of low legs and high point bleeds, 
draining of pumps into an individual drain system, and draining of 
portions of the process unit, whose primary product is a product 
produced by a source category subject to this subpart, for repair.
    Modacrylic fiber means a manufactured synthetic fiber in which the 
fiber-forming substance is any long-chain synthetic polymer composed of 
at least 35 percent by weight of acrylonitrile units but less than 85 
percent by weight of acrylonitrile units.
    Monomer recovery process equipment means the collection of process 
units and associated process equipment used to reclaim the monomer for 
subsequent reuse, including but not limited to polymer holding tanks, 
polymer buffer tanks, monomer vacuum pump flush drum, and drum filter 
vacuum pump flush drum.
    Polymerization process equipment means the collection of process 
units and associated process equipment used in the acrylonitrile 
polymerization process prior to the fiber spinning line, including but 
not limited to acrylonitrile storage tanks, recovered monomer tanks, 
monomer measuring tanks, monomer preparation tanks, monomer feed tanks, 
slurry receiver tanks, polymerization reactors, and drum filters.
    Process vent means the point of discharge to the atmosphere (or 
point of entry into a control device, if any) of a gas stream from the 
acrylic and modacrylic fibers production process.
    Process wastewater means wastewater, which during manufacturing or 
processing, comes into direct contact with or results from the 
production of use of any raw material, intermediate product, finished 
product, by-product, or waste product.
    Responsible official means responsible official as defined at 40 
CFR 70.2.
    Spin dope means the liquid mixture of polymer and solvent that is 
fed to the spinneret to form the acrylic and modacrylic fibers.
    Wastewater means process wastewater that:
    (1) Contains either an annual concentration of organic hazardous 
air pollutants listed in Table 9 to subpart G of at least 5 parts per 
million by weight at the point of determination and has an annual 
average flow rate of 0.02 liter per minute, or contains an annual 
average concentration of organic hazardous air pollutants listed in 
Table 9 to subpart G of at least 10,000 parts per million by weight at 
the point of determination at any flow rate; and
    (2) Is discarded from a polymerization production process, monomer 
recovery process, or other production operation.


Sec.  63.11399  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 pursuant to 40 CFR subpart E, 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 non-opacity emissions standard under 
Sec.  63.6(g).
    (2) Approval of a major change to a test method under Sec.  
63.7(e)(2)(ii) and (f). A ``major change to test method'' is defined in 
Sec.  63.90.
    (3) Approval of a major change to monitoring under Sec.  63.8(f). A 
``major change to monitoring'' is defined in Sec.  63.90.
    (4) Approval of a major change to recordkeeping/reporting under 
Sec.  63.10(f). A ``major change to recordkeeping/reporting'' is 
defined in Sec.  63.90.
    As required in Sec.  63.11397(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 16663]]



          Table 1 to Subpart LLLLLL of Part 63.--Applicability of General Provisions to Subpart LLLLLL
----------------------------------------------------------------------------------------------------------------
                                                               Applies to subpart
              Citation                       Subject                 LLLLLL?                 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...................  Subpart LLLLLL requires new
 (c)(1), (c)(2), (c)(5), (e)(1),      Standards and                                   and existing sources to
 (e)(3)(i), (e)(3)(iii)-(e)(3)(ix),   Maintenance                                     comply with requirements
 (f) (g), (i), (j).                   Requirements.                                   for startups, shutdowns,
                                                                                      and malfunctions in Sec.
                                                                                      63.6(e)(3).
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 LLLLLL does not
 (h)(5)(iii), (h)(6)-(h)(9).                                                          include opacity or visible
                                                                                      emissions standards or
                                                                                      require a continuous
                                                                                      opacity monitoring system.
63.7(a), (e), (f), (g), (h)........  Performance Testing     Yes/No................  Subpart LLLLLL requires
                                      Requirements.                                   performance tests for new
                                                                                      and existing sources; a
                                                                                      test for an existing
                                                                                      source is not required if
                                                                                      a prior test meets the
                                                                                      conditions in Sec.
                                                                                      63.11395(h).
63.7(b), (c).......................  ......................  Yes/No................  Requirements for
                                                                                      notification of
                                                                                      performance test and for
                                                                                      quality assurance program
                                                                                      apply to new sources but
                                                                                      not existing sources.
63.8(a)(1), (a)(2), (b), (c)(1)-     Monitoring              Yes...................
 (c)(3), (f)(1)-(5).                  Requirements.
63.8(a)(3).........................  Reserved..............  No....................
63.8(a)(4).........................  ......................  Yes...................  Requirements apply to new
                                                                                      sources if flares are the
                                                                                      selected control option.
63.8(c)(4)-(c)(8), (d), (e),         ......................  Yes...................  Requirements apply to new
 (f)(6), (g).                                                                         sources but not to
                                                                                      existing sources.
63.9(a), (b)(1), (b)(5), (c), (d),   Notification            Yes...................
 (i), (j).                            Requirements.
63.9(e)............................  ......................  Yes/No................  Notification of performance
                                                                                      test is required for new
                                                                                      area sources.
63.9(b)(2).........................  ......................  Yes...................  Initial notification of
                                                                                      applicability is required
                                                                                      for new and existing area
                                                                                      sources.
63.9(b)(3), (h)(4).................  Reserved..............  No....................
63.9(b)(4), (h)(5).................  ......................  No....................
63.9(f), (g).......................  ......................  No....................  Subpart LLLLLL does not
                                                                                      require a continuous
                                                                                      opacity monitoring system
                                                                                      or continuous emissions
                                                                                      monitoring system.
63.9(h)(1)-(h)(3), (h)(6)..........  ......................  Yes...................  Notification of compliance
                                                                                      status is required for new
                                                                                      and existing area sources.
63.10(a)...........................  Recordkeeping           Yes...................
                                      Requirements.
(b)(1).............................  ......................  Yes/No................  Record retention
                                                                                      requirement applies to new
                                                                                      area sources but not
                                                                                      existing area sources.
                                                                                      Subpart LLLLLL establishes
                                                                                      2-year retention period
                                                                                      for existing area sources.
63.10(b)(2)........................  ......................  Yes...................  Recordkeeping requirements
                                                                                      for startups, shutdowns,
                                                                                      and malfunctions apply to
                                                                                      new and existing area
                                                                                      sources.
63.10(b)(3)........................  ......................  Yes...................  Recordkeeping requirements
                                                                                      for applicability
                                                                                      determinations apply to
                                                                                      new area sources.
63.10(c)(1), (c)(5)-(c)(14)........  ......................  Yes/No................  Recordkeeping requirements
                                                                                      for continuous parameter
                                                                                      monitoring systems apply
                                                                                      to new sources but not
                                                                                      existing sources.
63.10(c)(2)-(c)(4), (c)(9).........  Reserved..............  No....................
63.10(d)(1), (d)(4), (e)(1),         Reporting Requirements  Yes...................
 (e)(2), (f).
63.10(d)(2)........................  ......................  Yes...................  Report of performance test
                                                                                      results applies to each
                                                                                      area source required to
                                                                                      conduct a performance
                                                                                      test.
63.10(d)(3)........................  ......................  No....................  Subpart LLLLLL does not
                                                                                      include opacity or visible
                                                                                      emissions limits.

[[Page 16664]]


63.10(d)(5)........................  ......................  Yes...................  Requirements for startup,
                                                                                      shutdown, and malfunction
                                                                                      reports apply to new and
                                                                                      existing area sources.
(e)(1)-(e)(2), (e)(4)..............  ......................  No....................  Subpart LLLLLL does not
                                                                                      require a continuous
                                                                                      emissions monitoring
                                                                                      system or continuous
                                                                                      opacity monitoring system.
63.10(e)(3)........................  ......................  Yes/No................  Semiannual reporting
                                                                                      requirements for excess
                                                                                      emissions and parameter
                                                                                      monitoring exceedances
                                                                                      apply to new area sources
                                                                                      but not existing area
                                                                                      sources.
63.11..............................  Control Device          Yes...................  Requirements apply to new
                                      Requirements.                                   sources if flares are the
                                                                                      selected control option.
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.
----------------------------------------------------------------------------------------------------------------

    4. Part 63 is amended by adding subpart MMMMMM to read as follows:

Subpart MMMMMM--National Emission Standards for Hazardous Air 
Pollutants for Carbon Black Production Area Sources

Sec.

Applicability and Compliance Dates

63.11400 Am I subject to this subpart?
63.11401 What are my compliance dates?

Standards and Compliance Requirements

63.11402 What are the standards and compliance requirements for new 
and existing sources?
63.11403 [Reserved]

Other Requirements and Information

63.11404 What General Provisions apply to this subpart?
63.11405 What definitions apply to this subpart?
63.11406 Who implements and enforces this subpart?

Applicability and Compliance Dates


Sec.  63.11400  Am I subject to this subpart?

    (a) You are subject to this subpart if you own or operate a carbon 
black production facility 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 carbon black production process unit. The 
affected source includes all waste management units, maintenance 
wastewater, and equipment components that contain or contact HAP that 
are associated with the carbon black production unit.
    (1) An affected source is an existing source if you commenced 
construction or reconstruction of the affected source before April 4, 
2007.
    (2) An affected source is new if you commenced construction or 
reconstruction of the affected source on or after April 4, 2007.
    (c) This subpart does not apply to research and development 
facilities, as defined in section 112(c)(7) of the Clean Air Act (CAA).
    (d) If you own or operate an area source subject to this subpart, 
you must obtain a permit under 40 CFR part 70 or 40 CFR part 71.


Sec.  63.11401  What are my compliance dates?

    (a) If you own or operate an existing affected source, you must 
achieve compliance with the applicable provisions of this subpart by 
the date of publication of the final rule in the Federal Register.
    (b) If you startup a new affected source on or before the date of 
publication of the final rule in the Federal Register, you must achieve 
compliance with the applicable provisions of this subpart not later 
than the date of publication of the final rule in the Federal Register.
    (c) If you startup a new affected source after the date of 
publication of the final rule in the Federal Register, you must achieve 
compliance with the applicable provisions of this subpart upon startup 
of your affected source.

Standards and Compliance Requirements


Sec.  63.11402  What are the standards and compliance requirements for 
new and existing sources?

    You must meet all the requirements in Sec.  63.1103(f) of subpart 
YY.


Sec.  63.11403  [Reserved]

Other Requirements and Information


Sec.  63.11404  What General Provisions apply to this subpart?

    The provisions in 40 CFR part 63, subpart A, applicable to this 
subpart are Sec. Sec.  63.1 through 63.5 and Sec. Sec.  63.11 through 
63.16.


Sec.  63.11405  What definitions apply to this subpart?

    The terms used in this subpart are defined in Sec. Sec.  63.1101 
and 63.1103(f)(2).


Sec.  63.11406  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 pursuant to 40 CFR subpart E, 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 non-opacity emissions standard under 
Sec.  63.992(b)(1).
    (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.

[[Page 16665]]

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

Subpart NNNNNN--National Emission Standards for Hazardous Air 
Pollutants for Chemical Manufacturing Area Sources: Chromium 
Compounds

Sec.

Applicability and Compliance Dates

63.11407 Am I subject to this subpart?
63.11408 What are my compliance dates?

Standards and Compliance Requirements

63.11409 What are the standards?
63.11410 What are the compliance requirements?

Other Requirements and Information

63.11411 What General Provisions apply to this subpart?
63.11412 What definitions apply to this subpart?
63.11413 Who implements and enforces this subpart?
Table 1 to Subpart NNNNNN of Part 63--HAP Emissions Units
Table 2 to Subpart NNNNNN of Part 63--Applicability of General 
Provisions to Subpart NNNNNN

Applicability and Compliance Dates


Sec.  63.11407  Am I subject to this subpart?

    (a) You are subject to this subpart if you own or operate a 
chromium compounds manufacturing facility 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 chromium compounds manufacturing facility.
    (1) An affected source is existing if you commenced construction or 
reconstruction of the affected source before April 4, 2007.
    (2) An affected source is new if you commence construction or 
reconstruction of the affected source on or after April 4, 2007.
    (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.  63.11408  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 not 
later than 6 months after the date of publication of the final rule in 
the Federal Register.
    (b) If you startup a new affected source on or before the date of 
publication of the final rule in the Federal Register, you must achieve 
compliance with the applicable provisions of this subpart not later 
than the date of publication of the final rule in the Federal Register.
    (c) If you startup a new affected source after the date of 
publication of the final rule in the Federal Register, you must achieve 
compliance with the applicable provisions of this subpart upon startup 
of your affected source.

Standards and Compliance Requirements


Sec.  63.11409  What are the standards?

    (a) You must operate a capture system that collects the gases and 
fumes released during the operation of each emissions unit listed in 
Table 1 of this subpart and conveys the collected gas stream to a 
particulate matter (PM) control device.
    (b) You must not discharge to the atmosphere through any 
combination of stacks or other vents process gases from an emissions 
unit listed in Table 1 of this subpart that contain PM in excess of the 
allowable process rate determined according to Equation 1 of this 
section (for an emissions unit with a process rate of less than 30 tons 
per hour) or Equation 2 of this section (for an emissions unit with a 
process rate of 30 tons per hour or greater). If more than one process 
vents to a common stack, the applicable emissions limit for the stack 
is the sum of allowable emissions calculated for each process using 
Equation 1 or 2 of this section, as applicable.
[GRAPHIC] [TIFF OMITTED] TP04AP07.002

Where:

E = Emissions limit in pounds per hour (lb/hr); and
P = Process rate of emissions unit in tons per hour (ton/hr).
[GRAPHIC] [TIFF OMITTED] TP04AP07.003

Sec.  63.11410  What are the compliance requirements?

    (a) Existing sources. If you own or operate an existing area 
source, you must comply with the requirements in paragraphs (b) through 
(e) of this section.
    (b) Initial control device inspection. You must conduct an initial 
inspection of each PM control device according to the requirements in 
paragraphs (b)(1) through (4) of this section. You must conduct each 
inspection no later than 60 days after your applicable compliance date.
    (1) For each baghouse, you must visually inspect the system 
ductwork and baghouse unit for leaks. You must also inspect the inside 
of each baghouse for structural integrity and fabric filter condition. 
You must record the results of the inspection and any maintenance 
action in the logbook required in paragraph (d) of this section.
    (2) For each dry electrostatic precipitator, you must verify the 
proper functioning of the electronic controls for corona power and 
rapper operation, that the corona wires are energized, and that 
adequate air pressure is present on the rapper manifold. You must also 
visually inspect the system ductwork and electrostatic precipitator 
housing unit and hopper for leaks and inspect the interior of the 
electrostatic precipitator to determine the condition and integrity of 
corona wires, collection plates, hopper, and air diffuser plates.
    (3) For each wet electrostatic precipitator, you must verify the 
proper functioning of the electronic controls for corona power, that 
the corona wires are energized, and that water flow is present. You 
must also visually inspect the system ductwork and electrostatic 
precipitator housing unit and hopper for leaks and inspect the interior 
of the electrostatic precipitator to determine the condition and 
integrity of corona wires, collection plates, plate wash spray heads, 
hopper, and air diffuser plates.
    (4) For each wet scrubber, you must verify the presence of water 
flow to the scrubber. You must also visually inspect the system 
ductwork and scrubber unit for leaks and inspect the interior of the 
scrubber for structural integrity and the condition of the demister and 
spray nozzle.
    (c) Periodic inspections/maintenance. Following the initial 
inspections, you must perform periodic inspections and maintenance of 
each PM control device according to the requirements in paragraphs 
(c)(1) through (4) of this section.
    (1) You must inspect and maintain each baghouse according to the 
requirements in paragraphs (c)(1)(i) and (ii) of this section.
    (i) You must conduct monthly visual inspections of the system 
ductwork for leaks.
    (ii) You must conduct annual inspections of the interior of the 
baghouse for structural integrity and to determine the condition of the 
fabric filter.

[[Page 16666]]

    (2) You must inspect and maintain each dry electrostatic 
precipitator according to the requirements in paragraphs (c)(2)(i) 
through (iii) of this section.
    (i) You must conduct a daily inspection to verify the proper 
functioning of the electronic controls for corona power and rapper 
operation, that the corona wires are energized, and that adequate air 
pressure is present on the rapper manifold.
    (ii) You must conduct monthly visual inspections of the system 
ductwork, housing unit, and hopper for leaks.
    (iii) You must conduct biennial inspections of the interior of the 
electrostatic precipitator to determine the condition and integrity of 
corona wires, collection plates, plate rappers, hopper, and air 
diffuser plates.
    (3) You must inspect and maintain each wet electrostatic 
precipitator according to the requirements in paragraphs (c)(3)(i) 
through (iii) of this section.
    (i) You must conduct a daily inspection to verify the proper 
functioning of the electronic controls for corona power, that the 
corona wires are energized, and that water flow is present.
    (ii) You must conduct monthly visual inspections of the system 
ductwork, electrostatic precipitator housing unit, and hopper for 
leaks.
    (iii) You must conduct biennial inspections of the interior of the 
electrostatic precipitator to determine the condition and integrity of 
corona wires, collection plates, plate rappers, hopper, and air 
diffuser plates.
    (4) You must inspect and maintain each wet scrubber according to 
the requirements in paragraphs (c)(4)(i) through (iii) of this section.
    (i) You must conduct a daily inspection to verify the presence of 
water flow to the scrubber.
    (ii) You must conduct monthly visual inspections of the system 
ductwork and scrubber unit for leaks.
    (iii) You must conduct annual inspections of the interior of the 
scrubber to determine the structural integrity and condition of the 
demister and spray nozzle.
    (d) Recordkeeping requirements. You must record the results of each 
inspection and maintenance action in a logbook (written or electronic 
format). You must keep the logbook onsite and make the logbook 
available to the permitting authority upon request. You must keep 
records of the information specified in paragraphs (d)(1) through (4) 
of this section for 5 years following the date of each recorded action.
    (1) The date and time of each recorded action for a fabric filter, 
the results of each inspection, and the results of any maintenance 
performed on the bag filters.
    (2) The date and time of each recorded action for a wet or dry 
electrostatic precipitator (including ductwork), the results of each 
inspection, and the results of any maintenance performed on the 
electrostatic precipitator.
    (3) The date and time of each recorded action for a wet scrubber 
(including ductwork), the results of each inspection, and the results 
of any maintenance performed on the wet scrubber.
    (4) Records of all required monitoring data and supporting 
information including all calibration and maintenance records, original 
strip-chart recordings for continuous monitoring information, and 
copies of all reports required by this subpart. You must maintain 
records of required monitoring data in a form suitable and readily 
available for expeditious review. All records must be kept onsite and 
made available to EPA or the delegated authority for inspection upon 
request. You must maintain records of all required monitoring data and 
supporting information for at least 5 years from the date of the 
monitoring sample, measurement, report, or application.
    (e) Reports. (1) You must report each deviation (an action or 
condition not in accordance with the requirements of this subpart, 
including upset conditions but excluding excess emissions) to the 
permitting agency on the next business day after becoming aware of the 
deviation. You must submit a written report within 2 business days 
which identifies the probable cause of the deviation and any corrective 
actions or preventative actions taken. All reports of deviations must 
be certified by a responsible official.
    (2) You must submit semiannual reports of monitoring and 
recordkeeping activities to your permitting authority.
    (3) You must submit the results of any maintenance performed on 
each PM control device within 30 days of a written request by the 
permitting authority.
    (f) New sources. If you own or operate a new affected source, you 
must comply with the requirements in paragraphs (g) and (h) of this 
section.
    (g) Bag leak detection systems. You must install, operate, and 
maintain a bag leak detection system on all baghouses used to comply 
with the PM emissions limit in Sec.  63.11409 according to paragraph 
(g)(1) of this section; prepare and operate by a site-specific 
monitoring plan according to paragraph (g)(2) of this section; take 
corrective action according to paragraph (g)(3) of this section; and 
record information according to paragraph (g)(4) of this section.
    (1) Each bag leak detection system must meet the specifications and 
requirements in paragraphs (g)(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 0.00044 grains per actual cubic foot or less.
    (ii) The bag leak detection system sensor must provide output of 
relative PM loadings. The owner or operator shall continuously record 
the output from the bag leak detection system using electronic or other 
means (e.g., using a strip chart recorder or a data logger).
    (iii) The bag leak detection system must be equipped with an alarm 
system that will sound when the system detects an increase in relative 
particulate loading over the alarm set point established according to 
paragraph (g)(1)(iv) of this section, and the alarm must be located 
such that it can be heard by the appropriate plant personnel.
    (iv) In the initial adjustment of the bag leak detection system, 
you must establish, at a minimum, the baseline output by adjusting the 
sensitivity (range) and the averaging period of the device, the alarm 
set points, and the alarm delay time.
    (v) Following initial adjustment, you shall not adjust the 
averaging period, alarm set point, or alarm delay time without approval 
from the Administrator or delegated authority except as provided in 
paragraph (g)(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 (g)(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

[[Page 16667]]

site-specific monitoring plan at all times. Each monitoring plan must 
describe the items in paragraphs (g)(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 (g)(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 (g)(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 (g)(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, 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.
    (h) Other control devices. If you use a control device other than a 
baghouse, you must prepare and submit a monitoring plan to EPA or the 
delegated authority for approval. Each plan must contain the 
information in paragraphs (h)(1) through (5) of this section.
    (1) A description of the device;
    (2) Test results collected in accordance with paragraph (i) 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 emissions limits; 
and
    (5) Operating parameter limits based on monitoring data collected 
during the performance test.
    (i) Performance tests. If you own or operate a new affected source, 
you must conduct a performance test for each emissions unit subject to 
an emissions limit in Sec.  63.11409(b) within 180 days of your 
compliance date and report the results in your notification of 
compliance status. If you own or operate an existing affected source, 
you are not required to conduct a performance test if a prior 
performance test was conducted within the past five years of the 
effective date using the same methods specified in paragraph (j) of 
this section and either no process changes have been made since the 
test, or if you can demonstrate that the results of the performance 
test, with or without adjustments, reliably demonstrate compliance 
despite process changes.
    (j) Test methods. You must conduct each performance test according 
to the requirements in Sec.  63.7 and paragraphs (j)(1) through (3) of 
this section.
    (1) Determine the concentration of PM according to the following 
test methods in appendix A to part 60 of this chapter:
    (i) Method 1 or 1A to select sampling port locations and the number 
of traverse points in each stack or duct. Sampling sites must be 
located at the outlet of the control device and prior to any releases 
to the atmosphere.
    (ii) Method 2, 2A, 2C, 2D, 2F, or 2G to determine the volumetric 
flow rate of the stack gas.
    (iii) Method 3, 3A, or 3B 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 to determine the moisture content of the stack gas.
    (v) Method 5 or 5D to determine the concentration of particulate 
matter (front half filterable catch only). Three valid test runs are 
needed to comprise a performance test.
    (2) During the test, you must operate each emissions unit within 10 
percent of the normal process rate specified in your notification of 
compliance status. You must monitor and record the process rate during 
the test.
    (3) Compute the mass emissions (E) in pounds per hour (lb/hr) for 
each test run using Equation 1 of this section and the process rate 
measured during the test. The PM emissions in lb/hr must be less than 
the allowable PM emissions rate for the emissions unit.
[GRAPHIC] [TIFF OMITTED] TP04AP07.004

Where:

E = Mass emissions of PM, pounds per hour (lb/hr);
C = Concentration of PM, grains per dry standard cubic foot (gr/
dscf);
Q = Volumetric flow rate of stack gas, dry standard cubic foot per 
hour (dscf/hr); and
K = Conversion factor, 7,000 grains per pound (gr/lb).

    (k) Startups, shutdown, and malfunctions. The requirements in 
paragraphs (k)(1) and (2) of this section apply to the owner or 
operator of a new or existing affected source.
    (1) Except as provided in paragraph (k)(2) of this section, you 
must report emissions in excess of a PM emissions limit established by 
this subpart lasting for more than 4 hours that result from a 
malfunction, a breakdown of process or control equipment, or any other 
abnormal condition by 9 a.m. of the next business day of becoming aware 
of the occurrence. You must provide the name and location of the 
facility, the nature

[[Page 16668]]

and cause of the malfunction or breakdown, the time when the 
malfunction or breakdown is first observed, the expected duration, and 
the estimated rate of emissions. You must also notify EPA or the 
delegated authority immediately when corrected measures have been 
accomplished and, if requested, submit a written report within 15 days 
after the request.
    (2) As an alternative to the requirements in paragraph (k)(1) of 
this section, you must comply with the startup, shutdown, and 
malfunction requirements in 40 CFR 63.6(e)(3).

Other Requirements and Information


Sec.  63.11411  What General Provisions apply to this subpart?

    (a) You must comply with the requirements of the General Provisions 
in 40 CFR part 63, subpart A as specified in Table 2 to this subpart.
    (b) Your notification of compliance status required by Sec.  
63.9(h) must include the following information for a new or existing 
affected source:
    (1) This certification of compliance, signed by a responsible 
official, for the standards in Sec.  63.11409(a): ``This facility 
complies with the management practice requirements in Sec.  63.11409(a) 
for installation and operation of capture systems for each emissions 
unit subject to an emissions limit in Sec.  63.11409(b).''
    (2) This certification of compliance by the owner or operator of an 
existing source (if applicable), signed by a responsible official, for 
the emissions limits in Sec.  63.11409(b): ``This facility complies 
with the emissions limits in Sec.  63.11409(b) based on a previous 
performance test in accordance with Sec.  63.11410(i).''
    (3) The process rate for each emissions point subject to an 
emissions limit in Sec.  63.11409(b) that represents normal and 
representative production operations.
    (4) The procedures used to measure and record the process rate for 
each emissions unit point to an emissions limit in Sec.  63.11409(b).
    (5) This certification of compliance by the owner or operator of an 
existing affected source, signed by a responsible official, for the 
control device inspection and maintenance requirements in Sec.  
63.11410(b) through (d): ``This facility has conducted an initial 
inspection of each control device according to the requirements in 
Sec.  63.11410(b), will conduct periodic inspections and maintenance of 
control devices in accordance with Sec.  63.11410(c), and will maintain 
records of each inspection and maintenance action in the logbook 
required by Sec.  63.11410(d).''
    (6) This certification of compliance by the owner or operator of a 
new affected source, signed by a responsible official, for the bag leak 
detection system monitoring plan requirement in Sec.  63.11410(g)(2): 
``This facility has an approved bag leak detection system monitoring 
plan in accordance with Sec.  63.11410(g)(2).''
    (7) Performance test results for each emissions unit at a new 
affected source (or each emissions point at an existing affected source 
if a test is required) in accordance with Sec.  63.11410(j). The 
performance test results for a new affected source must identify the 
daily average parameter operating limit for each PM control device.
    (8) If applicable, this certification of compliance by the owner or 
operator of a new or existing source, signed by a responsible official, 
for the requirement in paragraph (k)(2) of this section to comply with 
the startup, shutdown, and malfunction provisions in 40 CFR 63.6(e)(3): 
``This facility has prepared a startup, shutdown, and malfunction plan 
in accordance with 40 CFR 63.6(e)(3)''.


Sec.  63.11412  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:
    Bag leak detection system means a system that is capable of 
continuously monitoring relative particulate matter (dust loadings) in 
the exhaust of a baghouse to detect bag leaks and other upset 
conditions. A bag leak detection system includes, but is not limited 
to, an instrument that operates on triboelectric, light scattering, 
light transmittance, or other effect to continuously monitor relative 
particulate matter loadings.
    Chromic acid means chromium trioxide (CrO3). It is 
produced by the electrolytic reaction or acidification of sodium 
dichromate.
    Chromium compounds manufacturing means any process that uses 
chromite ore as the basic feedstock to manufacture chromium compounds, 
primarily sodium dichromate, chromic acid, and chromic oxide.
    Chromite ore means an oxide of chromium and iron 
(FeCr2O4) that is the primary feedstock for 
chromium compounds manufacturing.
    Chromic oxide means Cr2O3. In the production 
of chromic oxide, ammonium sulfate and sodium dichromate that have been 
concentrated by evaporation are mixed and fed to a rotary roasting kiln 
to produce chromic oxide, sodium sulfate and nitrogen gas.
    Roasting means a heating (oxidizing) process where ground chromite 
ore is mixed with alkaline material (such as soda ash, sodium 
bicarbonate, and sodium hydroxide) and fed to a rotary kiln where it is 
heated to about 2,000 [deg]F, converting the majority of the chromium 
in the ore from trivalent to hexavalent chromium.
    Sodium chromate means Na 2CrO4. It is 
produced by roasting chromite ore in a rotary kiln.
    Sodium dichromate means sodium bichromate or sodium bichromate 
dihydrate and is known technically as sodium dichromate dihydrate 
(Na2Cr2O7.2H2O). It is 
produced by the electrolytic reaction or acidification of sodium 
chromate.


Sec.  63.11413  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 pursuant to 40 CFR subpart E, 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 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 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.  63.11409, you must install and operate capture 
systems and comply with the applicable emissions limit for each 
emissions point shown in the following table.

[[Page 16669]]



       Table 1 to Subpart NNNNNN of Part 63.--HAP Emissions Units
------------------------------------------------------------------------
              Process                         Emissions points
------------------------------------------------------------------------
1. Sodium chromate production.....  a. Ball mill used to grind chromite
                                     ore.
                                    b. Dryer used to dry chromite ore.
                                    c. Rotary kiln used to roast
                                     chromite ore to produce sodium
                                     chromate.
                                    d. Secondary rotary kiln used to
                                     recycle and refine residues
                                     containing chromium compounds.
                                    e. Filter for sodium chromate
                                     slurry.
                                    f. Quench tanks.
2. Sodium dichromate production...  a. Stack on the electrolytic cell
                                     system used to produce sodium
                                     dichromate.
                                    b. Sodium dichromate crystallization
                                     unit.
                                    c. Sodium dichromate evaporation
                                     unit.
                                    d. Sodium dichromate drying unit.
3. Chromic acid production........  a. Electrolytic cell system used to
                                     produce chromic acid.
                                    b. Reactor used to produce chromic
                                     acid.
                                    c. Chromic acid crystallization
                                     unit.
                                    d. Chromic acid dryer.
4. Chromic oxide production.......  a. Primary rotary roasting kiln used
                                     to produce chromic oxide.
                                    b. Chromic oxide filter.
                                    c. Chromic oxide dryer.
                                    d. Chromic oxide grinding unit.
                                    e. Chromic oxide storage vessel.
                                    f. Secondary rotary roasting kiln.
                                    g. Quench tanks.
5. Chromium hydrate production....  a. Furnace used to produce chromium
                                     hydrate.
                                    b. Chromium hydrate grinding unit.
------------------------------------------------------------------------

    As required in Sec.  63.11411(a), you must comply with the 
requirements of the General Provisions (40 CFR part 63, subpart A) as 
shown in the following table.

          Table 2 to Subpart NNNNNN of Part 63.--Applicability of General Provisions to Subpart NNNNNN
----------------------------------------------------------------------------------------------------------------
                                                               Applies to subpart
              Citation                       Subject                 NNNNNN?                 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...................  The startup, shutdown, and
 (c)(1), (c)(2), (c)(5), (e)(1),      Standards and                                   malfunction requirements
 (e)(3)(i), (e)(3)(iii)-(e)(3)(ix),   Maintenance                                     in Sec.   63.6(e)(3) apply
 (f), (g), (i), (j).                  Requirements.                                   at new and existing area
                                                                                      sources that choose to
                                                                                      comply with Sec.
                                                                                      63.11410(k)(2) instead of
                                                                                      the requirements in Sec.
                                                                                      63.11410(k)(1).
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 NNNNNN does
 (h)(5)(iii), (h)(6)-(h)(9).                                  not include opacity
                                                              or visible emissions
                                                              standards or require
                                                              a continuous opacity
                                                              monitoring system.
63.7(a), (e), (f), (g), (h)........  Performance Testing     Yes...................  Subpart NNNNNN requires a
                                      Requirements.                                   performance test for a new
                                                                                      source; a test for an
                                                                                      existing source is not
                                                                                      required under the
                                                                                      conditions specified in
                                                                                      Sec.   63.11410(i).
63.7(b), (c).......................  ......................  Yes/No................  Requirements for
                                                                                      notification of
                                                                                      performance test and for
                                                                                      quality assurance program
                                                                                      apply to new area sources
                                                                                      but not existing area
                                                                                      sources.
63.8(a)(1), (a)(2), (b), (c)(1)-     Monitoring              Yes...................
 (c)(3), (f)(1)-(5).                  Requirements.
63.8(a)(3).........................  Reserved..............  No....................
63.8(a)(4).........................  ......................  No....................  Subpart NNNNNN does not
                                                                                      require flares.

[[Page 16670]]


63.8(c)(4)-(c)(8), (d), (e),         ......................  No....................  Subpart NNNNNN establishes
 (f)(6), (g).                                                                         requirements for
                                                                                      continuous parameter
                                                                                      monitoring systems.
63.9(a), (b)(1), (b)(5), (c), (d),   Notification            Yes...................
 (i), (j).                            Requirements.
63.9(e)............................  ......................  Yes/No................  Notification of performance
                                                                                      test is required only for
                                                                                      new area sources.
63.9(b)(2).........................  ......................  Yes...................
63.9(b)(3), (h)(4).................  Reserved..............  No....................
63.9(b)(4), (h)(5).................  ......................  No....................
63.9(f), (g).......................  ......................  No....................  Subpart NNNNNN does not
                                                                                      include opacity or visible
                                                                                      emissions standards or
                                                                                      require a continuous
                                                                                      opacity monitoring system
                                                                                      or continuous emissions
                                                                                      monitoring system.
63.9(h)(1)-(h)(3), (h)(6)..........  ......................  Yes...................
63.10(a), (b)(1), (b)(2)(xii),       Recordkeeping           Yes...................
 (b)(2)(xiv), (b)(3).                 Requirements.
63.10(b)(2)(i)-(b)(2)(v)...........  ......................  Yes...................  Recordkeeping requirements
                                                                                      for startups, shutdowns,
                                                                                      and malfunctions apply to
                                                                                      new and existing area
                                                                                      sources that choose to
                                                                                      comply with Sec.
                                                                                      63.11410(k)(2).
63.10(b)(2)(vi)-(b)(2)(ix), (c)(1),  ......................  Yes/No................  Requirements apply to
 (c)(5)-(c)(14).                                                                      continuous parameter
                                                                                      monitoring systems at new
                                                                                      area sources but not
                                                                                      existing area sources.
63.10(b)(2)(vii)(A)-(B), (b)(2)(x),  ......................  No....................
 (b)(2)(xiii).
63.10(c)(2)-(c)(4), (c)(9).........  Reserved..............  No....................
63.10(d)(1), (d)(4), (e)(1),         Reporting Requirements  Yes...................
 (e)(2), (f).
63.10(d)(2)........................  ......................  Yes...................  Report of performance test
                                                                                      results applies to new
                                                                                      area sources; requirement
                                                                                      applies to existing area
                                                                                      sources if the permitting
                                                                                      authority requests a
                                                                                      performance test.
63.10(d)(3)........................  ......................  No....................  Subpart NNNNNN does not
                                                                                      include opacity or visible
                                                                                      emissions limits.
63.10(d)(5)........................  ......................  Yes...................  Requirements for startup,
                                                                                      shutdown, and malfunction
                                                                                      reports apply to new and
                                                                                      existing area sources that
                                                                                      choose to comply with Sec.
                                                                                        63.11410(k)(2).
63.10(e)(1)-(e)(2), (e)(4).........  ......................  No....................  Subpart NNNNNN does not
                                                                                      require a continuous
                                                                                      emissions monitoring
                                                                                      system or continuous
                                                                                      opacity monitoring system.
63.10(e)(3)........................  ......................  Yes/No................  Semiannual reporting
                                                                                      requirements apply to new
                                                                                      area sources but not
                                                                                      existing area sources.
63.11..............................  Control Device          No....................  Subpart NNNNNN does not
                                      Requirements.                                   require flares.
63.12..............................  State Authorities and   Yes...................
                                      Delegations.
63.13..............................  Addresses.............  Yes...................
63.14..............................  Incorporations by       Yes...................
                                      Reference.
63.15..............................  Availability of         Yes...................
                                      Information and
                                      Confidentiality.
63.16..............................  Performance Track       Yes...................
                                      Provisions.
----------------------------------------------------------------------------------------------------------------

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

Subpart OOOOOO--National Emission Standards for Hazardous Air 
Pollutants for Flexible Polyurethane Foam Production and 
Fabrication Area Sources

Sec.

Applicability and Compliance Dates

63.11414 Am I subject to this subpart?
63.11415 What are my compliance dates?

Standards and Compliance Requirements

63.11416 What are the standards for new and existing sources?
63.11417 What are the compliance requirements for new and existing 
sources?

Other Requirements and Information

63.11418 What General Provisions apply to this subpart?
63.11419 What definitions apply to this subpart?
63.11420 Who implements and enforces this subpart?

Tables to Subpart OOOOOO of Part 63

Table 1 to Subpart OOOOOO of Part 63--Applicability of General 
Provisions (40 CFR Part 63, Subpart A) to Subpart OOOOOO

Applicability and Compliance Dates


Sec.  63.11414  Am I subject to this subpart?

    (a) You are subject to this subpart if you own or operate an area 
source of

[[Page 16671]]

hazardous air pollutant (HAP) emissions that meets the criteria in 
paragraph (a)(1) or (2) of this section.
    (1) You own or operate a plant that produces flexible polyurethane 
foam or rebond foam as defined in Sec.  63.1292 of subpart III.
    (2) You own or operate a flexible polyurethane foam fabrication 
facility, as defined in Sec.  63.11419.
    (b) The provisions of this subpart apply to each new and existing 
affected source that meets the criteria listed in paragraphs (b)(1) 
through (4) of this section.
    (1) A slabstock flexible polyurethane foam production affected 
source is the collection of all equipment and activities necessary to 
produce slabstock flexible polyurethane foam.
    (2) A molded flexible polyurethane foam production affected source 
is the collection of all equipment and activities necessary to produce 
molded foam.
    (3) A rebond foam production affected source is the collection of 
all equipment and activities necessary to produce rebond foam.
    (4) A flexible polyurethane foam fabrication affected source is the 
collection of all equipment and activities at a flexible polyurethane 
foam fabrication facility where adhesives are used to bond foam to foam 
or other substrates. Equipment and activities at flexible polyurethane 
foam fabrication facilities which do not use adhesives to bond foam to 
foam or other substrates are not flexible polyurethane foam fabrication 
affected sources.
    (c) An affected source is existing if you commenced construction or 
reconstruction of the affected source before April 4, 2007.
    (d) An affected source is new if you commenced construction or 
reconstruction of the affected source on or after April 4, 2007.
    (e) This subpart does not apply to research and development 
facilities, as defined in section 112(c)(7) of the Clean Air Act (CAA).
    (f) 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.  63.11415  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 
the date of publication of the final rule in the Federal Register.
    (b) If you startup a new affected source on or before the date of 
publication of the final rule in the Federal Register, you must achieve 
compliance with the applicable provisions in this subpart not later 
than the date of publication of the final rule in the Federal Register.
    (c) If you startup a new affected source after the date of 
publication of the final rule in the Federal Register, you must achieve 
compliance with the provisions in this subpart upon startup of your 
affected source.

Standards and Compliance Requirements


Sec.  63.11416  What are the standards for new and existing sources?

    (a) If you own or operate a slabstock flexible polyurethane foam 
production affected source, you must meet the requirements in paragraph 
(b) of this section. If you own or operate a molded foam affected 
source, you must meet the requirements in paragraph (c) of this 
section. If you own or operate a rebond foam affected source, you must 
meet the requirements in paragraph (d) of this section. If you own or 
operate a flexible polyurethane foam fabrication affected source you 
must meet the requirements in paragraph (e) of this section.
    (b) If you own or operate a new or existing slabstock polyurethane 
foam production affected source, you must comply with the requirements 
in either paragraph (b)(1) or (2) of this section.
    (1) Comply with Sec.  63.1293(a) or (b) of subpart III, except that 
you must use Equation 1 of this section to determine the HAP auxiliary 
blowing agent (ABA) formulation limit for each foam grade instead of 
Equation 3 of Sec.  63.1297 of subpart III. You must use zero as the 
formulation limitation for any grade of foam where the result of the 
formulation equation (using Equation 1 of this section) is negative 
(i.e., less than zero):
[GRAPHIC] [TIFF OMITTED] TP04AP07.005

Where:

ABAlimit = HAP ABA formulation limitation, parts 
methylene chloride ABA allowed per hundred parts polyol (pph).
IFD = Indentation force deflection, pounds.
DEN = Density, pounds per cubic foot.

    (2) Use no material containing methylene chloride for any purpose 
in any slabstock flexible foam production process.
    (c) If you own or operate a new or existing molded foam affected 
source, you must comply with the requirements in paragraphs (c)(1) and 
(2) of this section.
    (1) You must not use a material containing methylene chloride as an 
equipment cleaner to flush the mixhead or use a material containing 
methylene chloride elsewhere as an equipment cleaner in a molded 
flexible polyurethane foam process.
    (2) You must not use a mold release agent containing methylene 
chloride in a molded flexible polyurethane foam process.
    (d) If you own or operate a new or existing rebond foam affected 
source, you must comply with the requirements in paragraphs (d)(1) and 
(2) of this section.
    (1) You must not use a material containing methylene chloride as an 
equipment cleaner in a rebond foam process.
    (2) You must not use a mold release agent containing methylene 
chloride in a rebond foam process.
    (e) If you own or operate a new or existing flexible polyurethane 
foam fabrication affected source, you must not use any adhesive 
containing methylene chloride in a flexible polyurethane foam 
fabrication process.
    (f) You may demonstrate compliance with the requirements in 
paragraphs (b)(2) and (c) through (e) of this section using adhesive 
usage records, Material Safety Data Sheets, and engineering 
calculations.


Sec.  63.11417  What are the compliance requirements for new and 
existing sources?

    (a) If you own or operate a slabstock flexible polyurethane foam 
production affected source, you must comply with the requirements in 
paragraph (b) of this section. If you own or operate a molded foam 
affected source, rebond foam affected source, or a loop slitter at a 
flexible polyurethane foam fabrication affected source you must comply 
with the requirements in paragraphs (c) and (d) of this section.
    (b) Each owner or operator of a new or existing slabstock flexible

[[Page 16672]]

polyurethane foam production affected source who chooses to comply with 
Sec.  63.11416(b)(1) must comply with paragraph (b)(1) of this section. 
Each owner or operator of a new or existing slabstock flexible 
polyurethane foam production affected source who chooses to comply with 
Sec.  63.11416(b)(2) must comply with paragraphs (b)(2) and (3) of this 
section.
    (1) You must comply with paragraphs (b)(1)(i) through (v) of this 
section.
    (i) The monitoring requirements in Sec.  63.1303 of subpart III.
    (ii) The testing requirements in Sec.  63.1304 or Sec.  63.1305 of 
subpart III.
    (iii) The reporting requirements in Sec.  63.1306 of subpart III, 
with the exception of the reporting requirements in Sec.  
63.1306(d)(1), (2), (4), and (5) of subpart III.
    (iv) The recordkeeping requirements in Sec.  63.1307 of subpart 
III.
    (v) The compliance demonstration requirements in Sec.  63.1308(a), 
(c), and (d) of subpart III.
    (2) You must submit a notification of compliance status report no 
later than 180 days after your compliance date. The report must contain 
the information detailed in Sec.  63.9(h)(2)(i) paragraphs (A) and (G), 
and must contain this certification of compliance, signed by a 
responsible official, for the standards in Sec.  63.11416(b)(2): ``This 
facility uses no material containing methylene chloride for any purpose 
on any slabstock flexible foam process and will not use it in the 
future.''
    (3) You must maintain records of the information used to 
demonstrate compliance, as required in Sec.  63.11416(f). You must 
maintain the records for 5 years, with the last 2 years of data 
retained on site. The remaining 3 years of data may be maintained off 
site.
    (c) You must have a compliance certification on file by the 
compliance date. This certification must contain the statements in 
paragraph (c)(1), (2), or (3) of this section, as applicable, and must 
be signed by a responsible official.
    (1) For a molded foam affected source:
    (i) ``This facility does not use, and will not use in the future, 
any equipment cleaner to flush the mixhead which contains methylene 
chloride, or any other equipment cleaner containing methylene chloride 
in a molded flexible polyurethane foam process in accordance with Sec.  
63.11416(c)(1).''
    (ii) ``This facility does not use, and will not use in the future, 
any mold release agent containing methylene chloride in a molded 
flexible polyurethane foam process in accordance with Sec.  
63.11416(c)(2).''
    (2) For a rebond foam affected source:
    (i) ``This facility does not use, and will not use in the future, 
any equipment cleaner which contains methylene chloride in a rebond 
flexible polyurethane foam process in accordance with Sec.  
63.11416(d)(1).''
    (ii) ``This facility does not use, and will not use in the future, 
any mold release agent containing methylene chloride in a rebond 
flexible polyurethane foam process in accordance with Sec.  
63.11416(d)(2).''
    (3) For a flexible polyurethane foam fabrication affected source 
containing a loop slitter: ``This facility does not use, and will not 
use in the future, any adhesive containing methylene chloride on a loop 
slitter process in accordance with Sec.  63.11416(e).''
    (d) For molded foam affected sources, rebond foam affected sources, 
and flexible polyurethane foam fabrication affected sources containing 
a loop slitter, you must maintain records of the information used to 
demonstrate compliance, as required in Sec.  63.11416(f). You must 
maintain the records for 5 years, with the last 2 years of data 
retained on site. The remaining 3 years of data may be maintained off 
site.

Other Requirements and Information


Sec.  63.11418  What General Provisions apply to this subpart?

    The provisions in 40 CFR part 63, subpart A, applicable to sources 
subject to Sec.  63.11416(b)(1) are specified in Table 1 of this 
subpart.


Sec.  63.11419  What definitions apply to this subpart?

    The terms used in this subpart are defined in the CAA; Sec.  
63.1292 of subpart III; Sec.  63.8830 of subpart MMMMM; Sec.  63.2 of 
subpart A; and in this section as follows:
    Flexible polyurethane foam fabrication facility means a facility 
where pieces of flexible polyurethane foam are cut, bonded, and/or 
laminated together or to other substrates.


Sec.  63.11420  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 pursuant to 40 CFR subpart E, 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 No transferred to the State, local, or tribal agency.
    (1) Approval of an alternative No-opacity emissions standard under 
Sec.  63.6(g).
    (2) Approval of a major change to test methods under Sec.  
63.7(e)(2)(ii) and (f). A ``major change to test method'' is defined in 
Sec.  63.90.
    (3) Approval of a major change to monitoring under Sec.  63.8(f). A 
``major change to monitoring'' is defined in Sec.  63.90.
    (4) Approval of a major change to recordkeeping/reporting under 
Sec.  63.10(f). A ``major change to recordkeeping/reporting'' is 
defined in Sec.  63.90.

Tables to Subpart OOOOOO of Part 63

    As required in Sec.  63.11418, 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 OOOOOO.--Applicability of General Provisions (40 CFR
                  Part 63, Subpart A) to Subpart OOOOOO
------------------------------------------------------------------------
                                    Applies to
      Subpart A reference        subpart OOOOOO?          Comment
------------------------------------------------------------------------
Sec.   63.1....................  Yes............
Sec.   63.2....................  Yes............  Definitions are
                                                   modified and
                                                   supplemented by Sec.
                                                    63.11419.
Sec.   63.3....................  Yes............
Sec.   63.4....................  Yes............
Sec.   63.5....................  Yes............
Sec.   63.6(a)-(d).............  Yes............

[[Page 16673]]


Sec.   63.6(e)(1)-(2)..........  Yes............
Sec.   63.6(e)(3)..............  No.............  Owners and operators
                                                   of subpart OOOOOO
                                                   affected sources are
                                                   No required to
                                                   develop and implement
                                                   a startup, shutdown,
                                                   and malfunction plan.
Sec.   63.6 (f)-(g)............  Yes............
Sec.   63.6(h).................  No.............  Subpart OOOOOO does No
                                                   require opacity and
                                                   visible emissions
                                                   standards.
Sec.   63.6 (i)-(j)............  Yes............
Sec.   63.7....................  No.............  Performance tests No
                                                   required by subpart
                                                   OOOOOO.
Sec.   63.8....................  No.............  Continuous monitoring,
                                                   as defined in subpart
                                                   A, is No required by
                                                   subpart OOOOOO.
Sec.   63.9(a)-(d).............  Yes............
Sec.   63.9(e)-(g).............  No.............
Sec.   63.9(h).................  No.............  Subpart OOOOOO
                                                   specifies Noification
                                                   of Compliance Status
                                                   requirements.
Sec.   63.9 (i)-(j)............  Yes............
Sec.   63.10(a)-(b)............  Yes............  Except that the
                                                   records specified in
                                                   Sec.   63.10(b)(2)
                                                   are No required.
Sec.   63.10(c)................  No.............
Sec.   63.10(d)(1).............  Yes............
Sec.   63.10(d)(2)-(3).........  No.............
Sec.   63.10(d)(4).............  Yes............
Sec.   63.10(d)(5).............  No.............
Sec.   63.10(e)................  No.............
Sec.   63.10(f)................  Yes............
Sec.   63.11...................  No.............
Sec.   63.12...................  Yes............
Sec.   63.13...................  Yes............
Sec.   63.14...................  Yes............
Sec.   63.15...................  Yes............
Sec.   63.16...................  Yes............
------------------------------------------------------------------------

    7. Part 63 is amended by adding subpart PPPPPP to read as follows:

Subpart PPPPPP--National Emission Standards for Hazardous Air 
Pollutants for Lead Acid Battery Manufacturing Area Sources

Sec.

Applicability and Compliance Dates

63.11421 Am I subject to this subpart?
63.11422 What are my compliance dates?

Standards and Compliance Requirements

63.11423 What are the standards and compliance requirements for new 
and existing sources?
63.11424 [Reserved]

Other Requirements and Information

63.11425 What General Provisions apply to this subpart?
63.11426 What definitions apply to this subpart?
63.11427 Who implements and enforces this subpart?

Applicability and Compliance Dates


Sec.  63.11421  Am I subject to this subpart?

    (a) You are subject to this subpart if you own or operate a lead 
acid battery manufacturing plant that is an area source of hazardous 
air pollutants (HAP) emissions.
    (b) This subpart applies to each new or existing affected source. 
The affected source is each lead acid battery manufacturing plant. The 
affected source includes all grid casting facilities, paste mixing 
facilities, three-process operation facilities, lead oxide 
manufacturing facilities, lead reclamation facilities, and any other 
lead-emitting operation that are associated with the lead acid battery 
manufacturing plant.
    (1) An affected source is existing if you commenced construction or 
reconstruction of the affected source before April 4, 2007.
    (2) An affected source is new if you commenced construction or 
reconstruction of the affected source on or after April 4, 2007.
    (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.  63.11422  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 no 
later than 1 year after the date of publication of the final rule in 
the Federal Register.
    (b) If you start up a new affected source on or before the date of 
publication of the final rule in the Federal Register, you must achieve 
compliance with the applicable provisions in this subpart not later 
than the date of publication of the final rule in the Federal Register.
    (c) If you start up a new affected source after the date of 
publication of the final rule in the Federal Register, you must achieve 
compliance with the provisions in this subpart upon startup of your 
affected source.

Standards and Compliance Requirements


Sec.  63.11423  What are the standards and compliance requirements for 
new and existing sources?

    (a) You must meet all the requirements in 40 CFR 60.372, 60.373, 
and 60.374, with the exception noted in paragraph (b) of this section.
    (b) Existing sources are not required to conduct a performance test 
if a prior performance test was conducted using the same methods 
specified in 40 CFR 60.374 and either no process changes have been made 
since the test, or you can demonstrate that the results of the 
performance test, with or without

[[Page 16674]]

adjustments, reliably demonstrates compliance despite process changes.
    (c) Sources without a prior performance test, as described in 
paragraph (b) of this section, must conduct a performance test using 
the methods specified in 40 CFR 60.374 by 180 days after the compliance 
date.


Sec.  63.11424  [Reserved]

Other Requirements and Information


Sec.  63.11425  What General Provisions apply to this subpart?

    (a) The provisions in 40 CFR part 60, subpart A, applicable to this 
subpart are Sec. Sec.  60.7 through 60.8, Sec. Sec.  60.11 through 
60.13, and Sec.  60.17.
    (b) The provisions in 40 CFR part 63, subpart A, applicable to this 
subpart are Sec. Sec.  63.1 through 63.4, Sec.  63.6(g), Sec.  63.9(b) 
through (d), Sec.  63.9(h), and Sec. Sec.  63.12 through 63.16.


Sec.  63.11426  What definitions apply to this subpart?

    The terms used in this subpart are defined in the CAA; 40 CFR 
60.371; 40 CFR 60.2 for terms used in the applicable provisions of part 
60, subpart A, as specified in Sec.  63.11425(a); and Sec.  63.2 for 
terms used in the applicable provisions of part 63, subpart A, as 
specified in Sec.  63.11425(b).


Sec.  63.11427  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 pursuant to 40 CFR subpart E, 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 non-opacity emissions standard under 
Sec.  63.6(g).
    (2) Approval of a major change to test methods under 40 CFR 
60.8(b). A ``major change to test method'' is defined in Sec.  63.90.
    (3) Approval of a major change to monitoring under 40 CFR 60.13(i). 
A ``major change to monitoring'' is defined in Sec.  63.90.
    (4) Approval of a major change to recordkeeping/reporting under 40 
CFR 60.7(b) through (f). A ``major change to recordkeeping/reporting'' 
is defined in Sec.  63.90.
    8. Part 63 is amended by adding subpart QQQQQQ to read as follows:

Subpart QQQQQQ--National Emission Standards for Hazardous Air 
Pollutants for Wood Preserving Area Sources

Sec.

Applicability and Compliance Dates

63.11428 Am I subject to this subpart?
63.11429 What are my compliance dates?

Standards

63.11430 What are the standards?
63.11431 [Reserved]

Other Requirements and Information

63.11432 What General Provisions apply to this subpart?
63.11433 What definitions apply to this subpart?
63.11434 Who implements and enforces this subpart?

Applicability and Compliance Dates


Sec.  63.11428  Am I subject to this subpart?

    (a) You are subject to this subpart if you own or operate a wood 
preserving operation that is an area source of hazardous air pollutant 
(HAP) emissions.
    (b) The affected source is each new or existing wood preserving 
operation.
    (1) An affected source is existing if you commenced construction or 
reconstruction of the affected source before April 4, 2007.
    (2) An affected source is new if you commenced construction or 
reconstruction of the affected source on or after April 4, 2007.
    (c) 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.  63.11429  What are my compliance dates?

    (a) If you have an existing affected source, you must achieve 
compliance with applicable provisions in this subpart by the date of 
publication of the final rule in the Federal Register.
    (b) If you startup a new affected source on or before the date of 
publication of the final rule in the Federal Register, you must achieve 
compliance with applicable provisions in this subpart not later than 
the date of publication of the final rule in the Federal Register.
    (c) If you startup a new affected source after the date of 
publication of the final rule in the Federal Register, you must achieve 
compliance with applicable provisions in this subpart upon initial 
startup.

Standards


Sec.  63.11430  What are the standards?

    (a) If you use a pressure treatment process with any wood 
preservatives containing chromium, arsenic, dioxins, or methylene 
chloride at a new or existing area source, the preservatives must be 
applied to the wood product inside a retort or similarly enclosed 
vessel.
    (b) If you use a thermal treatment process with any wood 
preservatives containing chromium, arsenic, dioxins, or methylene 
chloride at a new or existing area source, the preservatives must be 
applied using process treatment tanks equipped with an air scavenging 
system to control emissions.
    (c) You must prepare and operate according to a management practice 
plan to minimize air emissions from the preservative treatment of wood 
at a new or existing area source. You may use your standard operating 
procedures to meet the requirements for a management practice plan if 
it includes the minimum activities required for a management practice 
plan. The management practice plan must include, but is not limited to, 
the following activities:
    (1) Minimize preservative usage;
    (2) Maintain records on the type of treatment process and types and 
amounts of wood preservatives used at the facility;
    (3) For the pressure treatment process, maintain charge records 
identifying pressure reading(s) inside the retorts (or similarly 
enclosed vessel);
    (4) For the thermal treatment process, maintain records that the 
air scavenging system is in place and operated properly during the 
treatment process;
    (5) Store treated wood product on drip pads or in a primary 
containment area to convey preservative drippage to a collection system 
until drippage has ceased;
    (6) For the pressure treatment process, fully drain the retort 
prior to opening the retort door;
    (7) Promptly collect any spills; and
    (8) Perform relevant corrective actions or preventative measures in 
the event of a malfunction before resuming operations.

[[Page 16675]]

Sec.  63.11431  [Reserved]

Other Requirements and Information


Sec.  63.11432  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 in 40 CFR 
part 63, subpart A, according to Table 1 to this subpart.
    (b) You must submit an initial notification of applicability 
required by Sec.  63.9(a)(2) no later than 90 days after the applicable 
compliance date specified in Sec.  63.11429. The initial notification 
may be combined with the notification of compliance status required in 
paragraph (c) of this section. The notification of applicability must 
include the following information:
    (1) The name and address of the owner or operator;
    (2) The address (i.e., physical location) of the affected source; 
and
    (3) An identification of the relevant standard, or other 
requirement, that is the basis of the notification and the source's 
compliance date.
    (c) You must submit a notification of compliance status required by 
Sec.  63.9(h) no later than 90 days after the applicable compliance 
date specified in Sec.  63.11429. Your notification of compliance 
status must include this certification of compliance, signed by a 
responsible official, for the standards in Sec.  63.11430: ``This 
facility complies with the management practices to minimize air 
emissions from the preservative treatment of wood in accordance with 
Sec.  63.11430.''
    (d) You must report any deviation from the requirements of this 
subpart within 30 days of the deviation.


Sec.  63.11433  What definitions apply to this subpart?

    Terms used in this subpart are defined in the Clean Air Act, Sec.  
63.2, and in this section as follows:
    Air scavenging system means an air collection and control system 
that collects and removes vapors from a thermal treatment process 
vessel and vents the emissions to a vapor recovery tank that collects 
condensate from the vapors.
    Chromated copper arsenate (CCA) means a chemical wood preservative 
consisting of mixtures of water-soluble chemicals containing metal 
oxides of chromium, copper, and arsenic. CCA is used in pressure 
treated wood to protect wood from rotting due to insects and microbial 
agents.
    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 
management practice;
    (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 management practice 
in this subpart during startup, shutdown, or malfunction, regardless of 
whether or not such failure is permitted by this subpart.
    Pressure treatment process means a wood treatment process involving 
an enclosed vessel, usually a retort, and the application of pneumatic 
or hydrostatic pressure to expedite the movement of preservative liquid 
into the wood.
    Responsible official means responsible official as defined in 40 
CFR 70.2.
    Retort means an airtight pressure vessel, typically a long 
horizontal cylinder, used for the pressure impregnation of wood 
products with a liquid wood preservative.
    Thermal treatment process means a non-pressurized wood treatment 
process where the wood is exposed to a heated preservative.
    Wood preserving means the pressure or thermal impregnation of 
chemicals into wood to provide effective long-term resistance to attack 
by fungi, bacteria, insects, and marine borers.


Sec.  63.11434  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 pursuant to 40 CFR subpart E, then that Agency has the 
authority to implement and enforce this subpart. You should contact 
your U.S. EPA Regional Office to find out if this subpart is delegated 
to your State, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under 40 CFR part 63, 
subpart E, the authorities contained in paragraphs (b)(1) through (4) 
of this section are retained by the Administrator of the U.S. EPA and 
are not transferred to the State, local, or tribal agency.
    (1) Approval of 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.  63.11432, 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 QQQQQQ of Part 63.--Applicability of General Provisions to Subpart QQQQQQ
----------------------------------------------------------------------------------------------------------------
                                                                Applies to subpart
              Citation                        Subject                 QQQQQQ?                Explanation
----------------------------------------------------------------------------------------------------------------
63.1(a)(1), (a)(2), (a)(3), (a)(4),   Applicability..........  Yes.................
 (a)(6), (a)(10)-(a)(12) (b)(1),
 (b)(3), (c)(1), (c)(2), (c)(5), (e).
63.1(a)(5), (a)(7)-(a)(9), (b)(2),    Reserved...............  No..................
 (c)(3), (c)(4), (d).
63.2................................  Definitions............  Yes.................
63.3................................  Units and Abbreviations  Yes.................
63.4................................  Prohibited Activities    Yes.................
                                       and Circumvention.
63.5................................  Preconstruction Review   No..................
                                       and Notification
                                       Requirements.

[[Page 16676]]


63.6(a), (b)(1)-(b)(5), (b)(7),       Compliance with          Yes.................
 (c)(1), (c)(2), (c)(5), (e)(1),       Standards and
 (i), (j).                             Maintenance
                                       Requirements.
63.6(e)(3)(i), (e)(3)(iii)-           .......................  No..................  Subpart QQQQQQ does not
 (e)(3)(ix), (f), (g), (h)(1),                                                        require startup, shutdown,
 (h)(2), (h)(4), (h)(5)(i)-                                                           and malfunction plan or
 (h)(5)(iii), (h)(v)(v), (h)(6)-                                                      contain emission or
 (h)(9).                                                                              opacity limits.
63.6(b)(6), (c)(3), (c)(4), (d),      Reserved...............  No..................
 (e)(2), (e)(3)(ii), (h)(3),
 (h)(5)(iv).
63.7................................  Performance Testing      No..................  Subpart QQQQQQ does not
                                       Requirements.                                  require performance tests.
63.8(a)(1), (a)(2), (a)(4), (b),      Monitoring Requirements  No..................  Subpart QQQQQQ does not
 (c), (d), (e), (f), (g).                                                             require monitoring of
                                                                                      emissions.
63.8(a)(3)..........................  Reserved...............  No..................
63.9(a), (b)(1), (b)(2), (b)(4),      Notification             Yes.................
 (b)(5), (c), (d), (h)(1), (h)(6),     Requirements.
 (i), (j).
63.9(b)(2)(i)-(b)(2)(v), (h)(2)(i)-   .......................  Yes.................
 (h)(2)(ii), (h)(3), (h)(5).
63.9(e), (f), (g)...................  .......................  No..................
63.9(b)(3), (h)(4)..................  Reserved...............  No..................
63.10(a), (b), (c)(1), (c)(5)-        Recordkeeping and        No..................  Subpart QQQQQQ establishes
 (c)(8), (c)(10)-(c)(14), (d), (e),    Reporting Requirements.                        requirements for a report
 (f).                                                                                 of deviations within 30
                                                                                      days.
63.10(c)(2)-(c)(4), (c)(9)..........  Reserved...............  No..................
63.11...............................  Control Device           No..................  Subpart QQQQQQ does not
                                       Requirements.                                  require flares.
63.12...............................  State Authorities and    Yes.................
                                       Delegations.
63.13...............................  Addresses..............  Yes.................
63.14...............................  Incorporations by        Yes.................
                                       Reference.
63.15...............................  Availability of          Yes.................
                                       Information and
                                       Confidentiality.
63.16...............................  Performance Track        Yes.................
                                       Provisions.
----------------------------------------------------------------------------------------------------------------

[FR Doc. E7-5790 Filed 4-3-07; 8:45 am]

BILLING CODE 6560-50-P
