[Federal Register Volume 86, Number 221 (Friday, November 19, 2021)]
[Rules and Regulations]
[Pages 66045-66096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24100]



[[Page 66045]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2020-0148; FRL-7527-02-OAR]
RIN 2060-AU67


National Emission Standards for Hazardous Air Pollutants: 
Refractory Products Manufacturing Residual Risk and Technology Review

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This action finalizes the residual risk and technology review 
(RTR) conducted for the Refractory Products Manufacturing source 
category regulated under national emission standards for hazardous air 
pollutants (NESHAP). The Environmental Protection Agency (EPA) found 
the risks due to emissions of air toxics from this source category to 
be acceptable and that the standards provide an ample margin of safety 
to protect public health. As a result, the Agency is making no 
revisions to the emission limits for this source category based on the 
residual risk. In our technology review, after reviewing developments 
in practices, processes, and control technologies, the EPA determined 
that no revisions to the numeric emission limits is necessary. However, 
the EPA is revising certain work practice provisions based on the 
technology review. These final amendments also include new provisions 
for certain hazardous air pollutants (HAP) and a revision of the 
alternative fuel provisions. In addition, the Agency is taking final 
action on the proposed amendments for the source category to address 
emissions during periods of startup, shutdown, and malfunction (SSM); 
emissions during periods of scheduled maintenance; electronic reporting 
of notification of compliance status (NOCS) reports, performance test 
results, and performance evaluation results; the addition of test 
methods and guidance materials; updates to several test methods; and 
other miscellaneous clarifying and technical corrections.

DATES: This final rule is effective on November 19, 2021. The 
incorporation by reference (IBR) of certain publications listed in the 
rule is approved by the Director of the Federal Register as of November 
19, 2021.

ADDRESSES: The U.S. Environmental Protection Agency (EPA) has 
established a docket for this action under Docket ID No. EPA-HQ-OAR-
2020-0148. All documents in the docket are listed on the https://www.regulations.gov/ website. Although listed, some information is not 
publicly available, e.g., Confidential Business Information or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either electronically through 
https://www.regulations.gov/, or in hard copy at the EPA Docket Center, 
WJC West Building, Room Number 3334, 1301 Constitution Ave. NW, 
Washington, DC. The Public Reading Room hours of operation are 8:30 
a.m. to 4:30 p.m. Eastern Standard Time (EST), Monday through Friday. 
The telephone number for the Public Reading Room is (202) 566-1744, and 
the telephone number for the EPA Docket Center is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: For questions about this final action, 
contact Ms. Paula Deselich Hirtz, Minerals and Manufacturing Group, 
Sector Policies and Programs Division (D243-04), Office of Air Quality 
Planning and Standards, U.S. Environmental Protection Agency, Research 
Triangle Park, North Carolina 27711; telephone number: (919) 541-2618; 
fax number: (919) 541-4991; and email address: [email protected]. For 
specific information regarding the risk modeling methodology, contact 
Mr. Chris Sarsony, Health and Environmental Impacts Division (C539-02), 
Office of Air Quality Planning and Standards, U.S. Environmental 
Protection Agency, Research Triangle Park, North Carolina 27711; 
telephone number: (919) 541-4843; fax number: (919) 541-0840; and email 
address: [email protected].

SUPPLEMENTARY INFORMATION: Preamble acronyms and abbreviations. The 
Agency uses multiple acronyms and terms in this preamble. While this 
list may not be exhaustive, to ease the reading of this preamble and 
for reference purposes, the EPA defines the following terms and 
acronyms below. Also, throughout this preamble the terms ``we,'' 
``us,'' or ``our'' mean the EPA.

BLD bag leak detection
CAA Clean Air Act
CRA Congressional Review Act
CDX Central Data Exchange
CEDRI Compliance and Emissions Data Reporting Interface
EJ Environmental Justice
EPA Environmental Protection Agency
ERT Electronic Reporting Tool
FTIR Fourier Transform Infrared
HAP hazardous air pollutants(s)
HQ hazard quotient
IBR incorporation by reference
ICR Information Collection Request
lb/hr pounds per hour
MACT maximum achievable control technology
HCl hydrogen chloride
HF hydrogen fluoride
Hg mercury
MIR maximum individual risk
NAAQS National Ambient Air Quality Standards
NACWA National Association of Clean Water Agencies
NEI National Emission Inventory
NESHAP national emission standards for hazardous air pollutants
NOCS notification of compliance status
OM&M operation, maintenance, and monitoring
OPL operating parameter limit
PDF portable document format
PM Particulate matter
POM polycyclic organic matter
ppmvd per million by volume, dry basis
RFA Regulatory Flexibility Act
RTO regenerative thermal oxidizer
RTR risk and technology review
SSI Sewage Sludge Incinerator
SSM startup, shutdown, and malfunction
THC total hydrocarbons
tpy tons per year
TOSHI target organ specific hazard index
UMRA Unfunded Mandates Reform Act
[mu]g/dscm micrograms per dry standard cubic meter
[mu]g/Nm\3\ micrograms per normal cubic meter
UPL upper prediction limit
VCS voluntary consensus standards
VE visible emissions
XML extensible markup language

    Background information. On January 14, 2021, the EPA proposed 
revisions to the Refractory Manufacturing Products NESHAP based on our 
RTR (86 FR 3095, January 14, 2021). In this action, we are finalizing 
decisions and revisions for the rule. We summarize some of the more 
significant comments we timely received regarding the proposed rule and 
provide our responses in this preamble. A summary of all other public 
comments on the proposal and the EPA's responses to those comments is 
available in the document titled Summary of Public Comments and 
Responses on Proposed Rule: National Emission Standards for HAP from 
Refractory Products Manufacturing (40 CFR part 63, subpart SSSSS) 
Residual Risk and Technology Review, Final Amendments, located in 
Docket ID No. EPA-HQ-OAR-2020-0148. A ``track changes'' version of the 
regulatory language that incorporates the changes in this action is 
available in the docket.

[[Page 66046]]

    Organization of this document. The information in this preamble is 
organized as follows:

I. General Information
    A. Does this action apply to me?
    B. Where can I get a copy of this document and other related 
information?
    C. Judicial Review and Administrative Reconsideration
II. Background
    A. What is the statutory authority for this action?
    B. What is the Refractory Products Manufacturing source category 
and how does the NESHAP regulate HAP emissions from the source 
category?
    C. What changes did we propose for the Refractory Products 
Manufacturing source category in our January 14, 2021 RTR proposal?
III. What is included in this final rule?
    A. What are the final rule amendments based on the risk review 
for the Refractory Products Manufacturing source category?
    B. What are the final rule amendments based on the technology 
review for the Refractory Products Manufacturing source category?
    C. What are the final rule amendments pursuant to CAA sections 
112(d)(2) and (3) for the Refractory Products Manufacturing source 
category?
    D. What are the final rule amendments addressing emissions 
during periods of startup, shutdown, and malfunction (SSM)?
    E. What other changes have been made to the NESHAP?
    F. What are the effective and compliance dates of the standards?
IV. What is the rationale for our final decisions and amendments for 
the Refractory Products Manufacturing source category?
    A. Residual Risk Review for the Refractory Products 
Manufacturing Source Category
    B. Technology Review for the Refractory Products Manufacturing 
Source Category
    C. CAA Sections 112(d)(2) and (3) Amendments for the Refractory 
Products Manufacturing Source Category
    D. SSM Amendments for the Refractory Products Manufacturing 
Source Category
    E. Electronic Reporting Amendments for the Refractory Products 
Manufacturing Source Category
    F. Technical Amendments for the Refractory Products 
Manufacturing Source Category
V. Summary of Cost, Environmental, and Economic Impacts and 
Additional Analyses Conducted
    A. What are the affected facilities?
    B. What are the air quality impacts?
    C. What are the cost impacts?
    D. What are the economic impacts?
    E. What are the benefits?
    F. What analysis of environmental justice did we conduct?
    G. What analysis of children's environmental health did we 
conduct?
VI. Statutory and Executive Order Reviews
    A. Executive Orders 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act (PRA)
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act (UMRA)
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act and 1 CFR 
part 51
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    K. Congressional Review Act (CRA)

I. General Information

A. Does this action apply to me?

    Regulated entities. Refractory Products Manufacturing, the source 
category that is the subject of this final action, is regulated under 
40 CFR part 63, subpart SSSSS. The North American Industry 
Classification System codes for the refractory products industry are 
327124 (clay) and 327125 (nonclay). We estimate that three major source 
facilities engaged in refractory products manufacturing will be 
affected by this final rule. To determine whether your facility is 
affected, you should examine the applicability criteria in the 
appropriate NESHAP. If you have any questions regarding the 
applicability of any aspect of this NESHAP, please contact the 
appropriate person listed in the preceding FOR FURTHER INFORMATION 
CONTACT section of this preamble.

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

    In addition to being available in the docket, an electronic copy of 
this final action will also be available on the internet. Following 
signature by the EPA Administrator, the EPA will post a copy of this 
final action at: https://www.epa.gov/stationary-sources-air-pollution/refractory-products-manufacturing-national-emissions-standards. 
Following publication in the Federal Register, the EPA will post the 
Federal Register version and key technical documents at this same 
website.
    Additional information is available on the RTR website at https://www.epa.gov/stationary-sources-air-pollution/risk-and-technology-review-national-emissions-standards-hazardous. This information 
includes an overview of the RTR program and links to project websites 
for the RTR source categories.

C. Judicial Review and Administrative Reconsideration

    Under Clean Air Act (CAA) section 307(b)(1), judicial review of 
this final action is available only by filing a petition for review in 
the United States Court of Appeals for the District of Columbia Circuit 
(the Court) by January 18, 2022. Under CAA section 307(b)(2), the 
requirements established by this final rule may not be challenged 
separately in any civil or criminal proceedings brought by the EPA to 
enforce the requirements.
    Section 307(d)(7)(B) of the CAA further provides that only an 
objection to a rule or procedure which was raised with reasonable 
specificity during the period for public comment (including any public 
hearing) may be raised during judicial review. This section also 
provides a mechanism for the EPA to reconsider the rule if the person 
raising an objection can demonstrate to the Administrator that it was 
impracticable to raise such objection within the period for public 
comment or if the grounds for such objection arose after the period for 
public comment (but within the time specified for judicial review) and 
if such objection is of central relevance to the outcome of the rule. 
Any person seeking to make such a demonstration should submit a 
Petition for Reconsideration to the Office of the Administrator, U.S. 
EPA, Room 3000, WJC South Building, 1200 Pennsylvania Ave. NW, 
Washington, DC 20460, with a copy to both the person(s) listed in the 
preceding FOR FURTHER INFORMATION CONTACT section, and the Associate 
General Counsel for the Air and Radiation Law Office, Office of General 
Counsel (Mail Code 2344A), U.S. EPA, 1200 Pennsylvania Ave. NW, 
Washington, DC 20460.

II. Background

A. What is the statutory authority for this action?

    Section 112 of the CAA establishes a two-stage regulatory process 
to address emissions of HAP from stationary sources. In the first 
stage, we must identify categories of sources emitting one or more of 
the HAP listed in CAA section 112(b) and then promulgate technology-
based NESHAP for those sources. ``Major sources'' are those that emit, 
or have the potential to emit, any single HAP at a rate of 10 tons per 
year (tpy) or more, or 25 tpy or more of any combination of HAP. For 
major sources, these standards are commonly referred

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to as maximum achievable control technology (MACT) standards and must 
reflect the maximum degree of emission reductions of HAP achievable 
(after considering cost, energy requirements, and non-air quality 
health and environmental impacts). In developing MACT standards, CAA 
section 112(d)(2) directs the EPA to consider the application of 
measures, processes, methods, systems, or techniques, including, but 
not limited to, those that reduce the volume of or eliminate HAP 
emissions through process changes, substitution of materials, or other 
modifications; enclose systems or processes to eliminate emissions; 
collect, capture, or treat HAP when released from a process, stack, 
storage, or fugitive emissions point; are design, equipment, work 
practice, or operational standards; or any combination of the above.
    For these MACT standards, the statute specifies certain minimum 
stringency requirements, which are referred to as MACT floor 
requirements, and which may not be based on cost considerations. See 
CAA section 112(d)(3). For new sources, the MACT floor cannot be less 
stringent than the emission control achieved in practice by the best-
controlled similar source. The MACT standards for existing sources can 
be less stringent than floors for new sources, but they cannot be less 
stringent than the average emission limitation achieved by the best-
performing 12 percent of existing sources in the category or 
subcategory (or the best-performing five sources for categories or 
subcategories with fewer than 30 sources). In developing MACT 
standards, we must also consider control options that are more 
stringent than the floor under CAA section 112(d)(2). We may establish 
standards more stringent than the floor, based on the consideration of 
the cost of achieving the emissions reductions, any non-air quality 
health and environmental impacts, and energy requirements.
    In the second stage of the regulatory process, the CAA requires the 
EPA to undertake two different analyses, which we refer to as the 
technology review and the residual risk review. Under the technology 
review, we must review the technology-based standards and revise them 
``as necessary (taking into account developments in practices, 
processes, and control technologies)'' no less frequently than every 8 
years, pursuant to CAA section 112(d)(6). Under the residual risk 
review, we must evaluate the risk to public health remaining after 
application of the technology-based standards and revise the standards, 
if necessary, to provide an ample margin of safety to protect public 
health or to prevent, taking into consideration costs, energy, safety, 
and other relevant factors, an adverse environmental effect. The 
residual risk review is required within 8 years after promulgation of 
the technology-based standards, pursuant to CAA section 112(f). In 
conducting the residual risk review, if the EPA determines that the 
current standards provide an ample margin of safety to protect public 
health, it is not necessary to revise the MACT standards pursuant to 
CAA section 112(f).\1\ For more information on the statutory authority 
for this rule, see 86 FR 3097 (January 14, 2021).
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    \1\ The Court has affirmed this approach of implementing CAA 
section 112(f)(2)(A): NRDC v. EPA, 529 F.3d 1077, 1083 (D.C. Cir. 
2008) (``If EPA determines that the existing technology-based 
standards provide an `ample margin of safety,' then the Agency is 
free to readopt those standards during the residual risk 
rulemaking.'').
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B. What is the Refractory Products Manufacturing source category and 
how does the NESHAP regulate HAP emissions from the source category?

    The EPA promulgated the Refractory Products Manufacturing NESHAP on 
April 16, 2003 (68 FR 18730). The standards are codified at 40 CFR part 
63, subpart SSSSS. The Refractory Products Manufacturing industry 
consists of facilities that manufacture refractory products, such as 
refractory bricks, refractory shapes, monolithics, kiln furniture, 
crucibles, and other materials used for lining furnaces and other high 
temperature process units. The source category covered by this NESHAP 
includes three major source facilities.
    The NESHAP groups refractory product manufacturing processes into 
four subcategories: Clay refractories, nonclay refractories, chromium 
refractories (nonclay) and pitch-impregnated refractories (nonclay). 
The three major source facilities manufacture clay and/or nonclay 
refractory products and can be grouped into the clay and nonclay 
refractories subcategories. Chromium refractory products and pitch-
impregnated refractory products are not manufactured by any of the 
three major source facilities.
    The Refractory Products Manufacturing NESHAP specifies emission 
limits, operating limits, and work practice standards for existing 
affected thermal process units and for new and reconstructed affected 
thermal process units that emit organic HAP according to refractory 
product type. For existing clay refractory product kilns, the NESHAP 
requires the use of natural gas or equivalent fuel at all times, except 
during periods of natural gas supply interruption or curtailment, to 
limit metal HAP, hydrogen fluoride (HF) and hydrogen chloride (HCl) 
emissions. New clay refractory product kilns are required to meet 
numeric limits for HF and HCl. For existing and new curing ovens, shape 
dryers, and kilns that are used to process refractory products that use 
organic HAP (i.e., nonclay refractory product sources), the NESHAP 
provides the option of meeting a total hydrocarbon (THC) concentration 
limit or reducing the THC mass emissions by at least 95 percent. The 
NESHAP also establishes operating limits for thermal process sources 
and control devices, which are based on operating parameters 
established during performance testing. Additional detail on the 
refractory product manufacturing source category and NESHAP 
requirements are provided in the proposal preamble (86 FR 3083, January 
14, 2021).

C. What changes did we propose for the Refractory Products 
Manufacturing source category in our January 14, 2021 RTR proposal?

    On January 14, 2021, the EPA published a proposed rule in the 
Federal Register for the Refractory Products Manufacturing NESHAP, 40 
CFR part 63, subpart SSSSS, that took into consideration the RTR 
analyses (86 FR 3095). For this source category, we proposed that the 
risks are acceptable, and that additional emission controls are not 
necessary to provide an ample margin of safety. For the technology 
review, we proposed improvements to the existing work practice standard 
for affected continuous kilns using THC emission control devices. We 
also proposed the following amendments: Standards for previously 
unregulated HAP for affected sources in the clay and nonclay refractory 
subcategories; the requirement that NOCS reports, performance test 
results, and performance evaluation results be electronically 
submitted; revisions to the SSM provisions of the rule; new test 
methods and incorporation by reference (IBR) of alternative test 
methods; and other minor technical and editorial revisions.

III. What is included in this final rule?

    This action finalizes the EPA's determinations pursuant to the RTR 
provisions of CAA section 112 for the Refractory Products Manufacturing 
source category and amends the Refractory Products Manufacturing NESHAP 
based on those determinations. This action also

[[Page 66048]]

finalizes other changes to the NESHAP, including the proposed changes 
described above, except we are finalizing a slightly modified version 
of the proposed work practice standard for affected continuous kilns 
using THC emission control devices, as explained in section IV.B.2 of 
this preamble; and we are not finalizing the proposed allowance to use 
alternative fuels during periods of natural gas supply curtailment or 
interruption from the natural gas fuel requirement, as explained in 
section IV.B.3 of this preamble. We are finalizing these requirements 
as a result of the public comments we received on the proposed rule.

A. What are the final rule amendments based on the risk review for the 
Refractory Products Manufacturing source category?

    This section describes the final amendments to the Refractory 
Products Manufacturing NESHAP (subpart SSSSS) being promulgated 
pursuant to CAA section 112(f). In this action, we are finalizing our 
proposed determination that risks from the Refractory Products 
Manufacturing source category are acceptable, the standards provide an 
ample margin of safety to protect public health, and additional 
standards are not necessary to prevent an adverse environmental effect. 
The EPA proposed no changes to the subpart based on the risk review 
conducted pursuant to CAA section 112(f). The EPA received no new data 
or other information during the comment period that would cause us to 
change our proposed risk determination. Therefore, we are not requiring 
additional controls or new requirements under CAA section 112(f)(2) for 
subpart SSSSS in this action.

B. What are the final rule amendments based on the technology review 
for the Refractory Products Manufacturing source category?

    We determined that there was a development in practice that 
warranted revision of the MACT standards for this source category. 
Therefore, to satisfy the requirements of CAA section 112(d)(6), we 
proposed revisions to the MACT standards to improve the existing work 
practice standard for affected continuous kilns using emission control 
devices. The proposed revisions were based on the best practices of one 
facility and included:
     Limitation of the work practice standard to THC emission 
control devices only,
     an annual limit on the number of hours for bypass of the 
control device,
     the requirement to process product containing lower 
percentages of organic HAP content in the resins, binders and additives 
(less than the average organic HAP mass fraction),
     an allowance for the processing of five kiln cars per year 
with greater than average organic HAP mass fraction, and
     reporting of the mass of organic HAP emissions for bypass 
periods in the semi-annual compliance report.
    The EPA received additional data during the comment period that 
caused us to change these proposed work practice requirements. 
Therefore, in this action, we are finalizing the following requirements 
under CAA section 112(d)(6) for subpart SSSSS:
     The proposed limitation of the work practice standard to 
THC emission control devices only,
     the proposed annual limit on the number of hours for 
bypass of the control device,
     revised requirement to maintain the organic HAP processing 
rate below whichever is lower, either (a) the average organic HAP 
processing rate (i.e., the average organic HAP processing rate (pounds 
per hour (lb/hr)) based on actual production on a 6-month rolling 
basis, not to include periods of kiln shut down) or (b) the lowest 
hourly organic HAP processing rate determined during the most recent 
performance test,
     removal of the proposed allowance for processing of five 
kiln cars per year with greater than average organic HAP mass fraction 
during control device maintenance and bypass,
     revised reporting requirements for the semi-annual 
compliance report, including:
    [cir] The average organic HAP processing rate based on actual 
production on a 6-month rolling basis (not to include periods of kiln 
shut down) or the lowest hourly organic HAP processing rate from the 
most recent performance test (whichever is lower), for bypass periods,
    [cir] the actual organic HAP processing rate,
    [cir] the amount of product produced and the mass of organic HAP in 
the product produced,
    [cir] the estimated THC emissions,
    [cir] the number of hours the control device was bypassed during 
the compliance period, and
    [cir] the cumulative number of hours the control device was 
bypassed over the last 12-month rolling period.
    We are not finalizing the proposed allowance for processing of five 
kiln cars per year with greater than average organic HAP mass fraction 
during control device maintenance and bypass. For more information 
regarding the final improvements to the work practice standard that 
applies for continuous kilns with THC emissions control devices, see 
section IV.B of this preamble.
    In addition, the EPA received a comment during the comment period 
that caused us to review the fuel combustion technology used by sources 
in the source category and consequently revise the existing work 
practice standard to require the use of natural gas (or equivalent 
fuel) at all times. After consideration of the comment, under CAA 
section 112(d)(6), we are removing the allowance to use alternative 
fuels during periods of natural gas supply curtailment or interruption 
from the natural gas fuel requirement as explained in section IV.B.3 of 
this preamble. This finalized amendment applies to existing clay 
refractory products kilns and new or existing chromium refractory 
products kilns and reflects a development in our understanding of 
refractory kiln fuel combustion technology since promulgation of the 
original standard.
    Finally, as part of the technology review, we identified regulatory 
gaps (previously unregulated processes or pollutants) and are 
establishing new standards to fill those gaps as described in section 
III.C of this preamble.

C. What are the final rule amendments pursuant to CAA sections 
112(d)(2) and (3) for the Refractory Products Manufacturing source 
category?

    We determined that there are previously unregulated HAP for 
existing sources in the clay and nonclay refractory subcategories that 
warrant revisions to the MACT standards for this source category. 
Therefore, pursuant to the requirements of CAA section 112(d)(2) and 
(3) we proposed revisions to the MACT standards to include the 
following:
     New emission limits for particulate matter (PM) as a 
surrogate for non-mercury (non-Hg) metal HAP and mercury (Hg) for 
existing clay refractory product kilns, and
     the requirement to use natural gas as fuel, or an 
equivalent fuel, as the kiln fuel for new and existing curing ovens, 
shape dryers, and kilns that are used to process refractory products 
that use organic HAP (i.e., nonclay refractory product sources), except 
during periods of natural gas supply interruption or curtailment.
    As noted in section III.B of this preamble, the EPA received a 
comment during the comment period that caused us to review the fuel 
combustion technology used for all refractory

[[Page 66049]]

products sources in the source category. Based on that review, we are 
not finalizing the proposed allowance to use alternative fuels during 
periods of natural gas supply interruption or curtailment from the 
natural gas fuel requirement for new and existing nonclay sources. 
Therefore, we are finalizing the new emission limits for PM (as a 
surrogate for non-Hg metal HAP) and Hg for existing clay refractory 
product kilns, as proposed, and we are finalizing a revised requirement 
to use natural gas, or an equivalent fuel, as the fuel for new and 
existing nonclay sources, as a result of comments, under CAA section 
112(d)(2) and (3) for subpart SSSSS in this action.

D. What are the final rule amendments addressing emissions during 
periods of startup, shutdown, and malfunction?

    We are finalizing the proposed amendments to the Refractory 
Products Manufacturing NESHAP to eliminate the SSM exemption. 
Consistent with Sierra Club v. EPA, 551 F. 3d 1019 (D.C. Cir. 2008), 
the EPA is establishing standards in these rules that apply at all 
times. As detailed in section IV.E of the proposal preamble (86 FR 
3099, January 14, 2021), Table 11 to subpart SSSSS of part 63 (General 
Provisions applicability table) is being revised to change several 
references related to the provisions that apply during periods of SSM. 
We also eliminated or revised certain recordkeeping and reporting 
requirements related to the eliminated SSM exemption. The EPA also made 
other harmonizing changes to remove or modify inappropriate, 
unnecessary, or redundant language in the absence of the SSM exemption. 
We determined that facilities in this source category can meet the 
applicable emission standards at all times, including periods of 
startup and shutdown. Therefore, the EPA determined that no additional 
standards are needed to address emissions during these periods. The 
legal rationale and explanation of the changes for SSM periods are set 
forth in the proposed rule. See 86 FR 3079, 3099-3102. Further, the EPA 
did not propose and is not promulgating standards for malfunctions in 
this final action. As discussed in section IV.E of the January 14, 
2021, proposal preamble, the EPA interprets CAA section 112 as not 
requiring emissions that occur during periods of malfunction to be 
factored into development of CAA section 112 standards, although the 
EPA has the discretion to set standards for malfunctions where 
feasible. For the Refractory Products Manufacturing source category, it 
is unlikely that a malfunction would result in a violation of the 
standards, and no comments or information were submitted during the 
comment period that support a contrary conclusion. Refer to section 
IV.E of the January 14, 2021 proposal preamble for further discussion 
of the EPA's rationale for the decision not to set standards for 
malfunction events, as well as a discussion of the actions a source 
could take in the unlikely event that a source fails to comply with the 
applicable CAA section 112(d) standards as a result of a malfunction 
event, given that administrative and judicial procedures for addressing 
exceedances of the standards fully recognize that violations may occur 
despite good faith efforts to comply.

E. What other changes have been made to the NESHAP?

    In addition to the changes described above we are finalizing other 
proposed amendments for the Refractory Products Manufacturing NESHAP 
related to electronic reporting, test methods and minor technical and 
editorial revisions, as described below.
    To increase the ease and efficiency of data submittal and data 
accessibility, we are finalizing the proposed requirement that owners 
and operators of facilities in the Refractory Products Manufacturing 
source category submit electronic copies of required NOCS reports, 
performance test results, and performance evaluation results through 
the EPA's Central Data Exchange (CDX) website using an electronic 
performance test report tool called the Electronic Reporting Tool 
(ERT). We also are finalizing, as proposed, provisions that allow 
facility operators the ability to seek extensions for submitting 
electronic reports for circumstances beyond the control of the 
facility, i.e., for a possible outage in the CDX or Compliance and 
Emissions Data Reporting Interface (CEDRI) or for a force majeure event 
in the time just prior to a report's due date, as well as the process 
to assert such a claim.
    We are also finalizing the proposed additional and updated test 
methods and an EPA guidance document that are incorporated by 
reference. In accordance with requirements of 1 CFR 51.5, the EPA is 
incorporating by reference the following documents described in the 
amendments to 40 CFR 63.14:
     ANSI/ASME PTC 19.10-1981, Flue and Exhaust Gas Analyses 
[Part 10, Instruments and Apparatus], issued August 31, 1981, IBR 
approved for Table 4 to subpart SSSSS.
     ASTM D6348-12e1, Standard Test Method for Determination of 
Gaseous Compounds by Extractive Direct Interface Fourier Transform 
Infrared (FTIR) Spectroscopy, Approved February 1, 2012, IBR approved 
for Table 4 to subpart SSSSS.
     ASTM D6784-16, ``Standard Test Method for Elemental, 
Oxidized, Particle-Bound and Total Mercury in Flue Gas Generated from 
Coal-Fired Stationary Sources (Ontario Hydro Method),'' (Approved March 
1, 2016), IBR approved for Table 4 to subpart SSSSS.
     EPA-454/R-98-015, Office of Air Quality Planning and 
Standards (OAQPS), Fabric Filter Bag Leak Detection Guidance, September 
1997, IBR approved for 40 CFR 63.9804(f)(1). This document provides 
guidance on the use of triboelectric monitors as fabric filter bag leak 
detectors.
    In addition, we are finalizing the following proposed technical and 
editorial corrections:
     Revise 40 CFR 63.9824 and Table 4 to subpart SSSSS of part 
63 to clarify the location in 40 CFR part 60 of applicable EPA test 
methods; and
     Revise 40 CFR 63.9814 and 63.9816 to include the 
requirements to record and report information on failures to meet the 
applicable standard.
    Finally, although not addressed in the proposal, we are amending 40 
CFR 63.9804(e)(1) to correct a spelling error.

F. What are the effective and compliance dates of the standards?

    The revisions to the MACT standards for the Refractory Products 
Manufacturing source category being promulgated in this action are 
effective on November 19, 2021. New sources must comply with all of the 
standards immediately upon the effective date of the standard, November 
19, 2021, or upon startup, whichever is later.
    The compliance dates for existing affected sources are listed 
below. Existing affected sources must continue to meet the current 
requirements of 40 CFR part 63, subpart SSSSS, until the applicable 
compliance date.
    The compliance date for existing affected nonclay sources to comply 
with the work practice to use natural gas as fuel, or an equivalent 
fuel, as the kiln fuel at all times, including periods of natural gas 
supply interruption or curtailment is November 19, 2021. The compliance 
date for existing affected sources to comply with the electronic 
reporting requirement for NOCS reports, performance test results, and 
performance evaluation results is May 19, 2022. The compliance date for 
existing affected sources with continuous kilns using THC emission 
control devices to comply with the amended work practice standards 
(i.e., limit the total number of hours for

[[Page 66050]]

bypass of the control device for during scheduled maintenance to 750 
hours per year per kiln; maintain the organic HAP processing rate below 
the average rate based on production or below the lowest hourly rate 
during the most recent performance test, whichever is lower; update the 
operation, maintenance, and monitoring (OM&M) plan; include the 
required information in the semi-annual compliance report) is May 19, 
2022. The compliance date for existing affected clay refractory product 
kilns to comply with the new limits for PM (as a surrogate for non-Hg 
metal HAP) and Hg is November 20, 2022. The compliance date for 
existing affected sources to comply with the SSM revisions, in 
accordance with the SSM court decision, is May 19, 2022.
    We determined that an immediate compliance date is practicable for 
the natural gas requirement and is based on current practices and other 
information provided by the facilities. We are finalizing the 181-day 
compliance date for electronic reporting and the scheduled maintenance 
work practice to require facilities to implement these changes as 
expeditiously as practicable. For electronic reporting, our experience 
with similar industries that are required to convert reporting 
mechanisms to install necessary hardware and software, become familiar 
with the process of submitting performance test results electronically 
through the EPA's CEDRI, test these new electronic submission 
capabilities, and reliably employ electronic reporting shows that a 
time period of a minimum of 90 days, and, more typically, 180 days, is 
generally necessary to successfully accomplish these revisions. For the 
improved scheduled maintenance work practice, we expect facilities 
would also need this time to seek approval from the Administrator 
before taking the control device on the affected kiln out of service 
for scheduled maintenance and update their operation, maintenance, and 
monitoring plan to reflect the revised requirements. For the new PM (as 
a surrogate for non-Hg metal HAP) and Hg requirements, we determined 
the one-year compliance date would provide existing clay sources with 
sufficient time to plan and schedule facility resources to meet the 
notification and compliance demonstration testing requirements 
associated with the new limits. For the SSM changes, excluding the 
revised requirements for the SSM described above (40 CFR 63.6(f)(1)), 
our experience with similar industries further shows that this sort of 
regulated facility generally requires a time period of 181 days to read 
and understand the amended rule requirements and make any necessary 
operational adjustments, adjustments to recordkeeping and reporting 
systems, and/or updates to OM&M plans to reflect the revised 
requirements.
    During proposal we requested information from sources in this 
source category regarding specific actions that would need to be 
undertaken to comply with the proposed amended requirements and the 
time needed to make the adjustments for compliance with any of the 
revised requirements. No comments or information were submitted during 
the comment period that support a contrary conclusion; therefore, we 
are finalizing these compliance dates as proposed.

IV. What is the rationale for our final decisions and amendments for 
the Refractory Products Manufacturing source category?

    For each issue, this section provides a description of what we 
proposed and what we are finalizing for the issue, the EPA's rationale 
for the final decisions and amendments, and a summary of key comments 
and responses. For all comments not discussed in this preamble, comment 
summaries and the EPA's responses can be found in the comment summary 
and response document, Summary of Public Comments and Responses on 
Proposed Rule: National Emission Standards for HAP for Refractory 
Products Manufacturing (40 CFR part 63, subpart SSSSS), Residual Risk 
and Technology Review, Final Amendments, available in the docket.

A. Residual Risk Review for the Refractory Products Manufacturing 
Source Category

1. What did we propose pursuant to CAA section 112(f) for the 
Refractory Products Manufacturing source category?
    Pursuant to CAA section 112(f), the EPA conducted a residual risk 
review and presented the results of this review, along with our 
proposed decisions regarding risk acceptability and ample margin of 
safety, in section IV.B of the proposed rule preamble (86 FR 3095, 
January 14, 2021). The results of this review are presented briefly 
below in Table 1 of this preamble. Additional detail is provided in the 
residual risk technical support document titled, Residual Risk 
Assessment for the Refractory Products Manufacturing Source Category in 
Support of the 2020 Risk and Technology Review Proposed Rule, which is 
available in the Refractory Products Manufacturing docket (Docket Item 
No. EPA-HQ-OAR-2020-0148-0013).

                              Table 1--Refractory Products Manufacturing Source Category Inhalation Risk Assessment Results
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                    Maximum individual     Estimated population      Estimated annual         Maximum chronic        Maximum screening
                                     cancer risk (in 1     at increased risk of      cancer incidence     noncancer target organ  acute noncancer HQ \2\
                                         million)             cancer >=1-in-1        (cases per year)      specific hazard index -----------------------
                                 ------------------------         million        ------------------------       (TOSHI) \1\
         Risk assessment                                 ------------------------                        ------------------------
                                   Based on    Based on    Based on    Based on    Based on    Based on    Based on    Based on       Based on actual
                                    actual     allowable    actual     allowable    actual     allowable    actual     allowable         emissions
                                   emissions   emissions   emissions   emissions   emissions   emissions   emissions   emissions
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source Category.................         0.7         0.7           0           0      0.0003      0.0003        0.04        0.04  HQREL = 0.09
Whole Facility..................         0.7  ..........           0  ..........      0.0004  ..........        0.04  ..........  ......................
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The TOSHI is the sum of the chronic noncancer hazard quotients (HQ) for substances that affect the same target organ or organ system.
\2\ The maximum estimated acute exposure concentration was divided by available short-term threshold values to develop HQ values.

    The results of the proposed inhalation risk modeling, as shown in 
Table 1 of this preamble, indicate that the maximum individual cancer 
risk based on actual and allowable emissions (lifetime) is 0.7-in-1 
million (driven by trace amounts of chromium, arsenic, nickel and 
cadmium emissions from tunnel kilns), the maximum chronic noncancer 
TOSHI value based on actual and allowable emissions is 0.04 (driven by 
HF from tunnel kilns), and the maximum screening acute noncancer HQ 
value (off-facility site) is 0.09 (driven by HF). At proposal, the 
total annual cancer incidence (national) from these facilities based on 
actual and allowable emission levels was estimated

[[Page 66051]]

to be 0.0003 excess cancer cases per year or one case every 3,333 
years. The maximum individual cancer risk (lifetime) for the whole 
facility was determined to be 0.7-in-1 million at proposal, driven by 
chromium, arsenic, nickel and cadmium emissions from tunnel kilns. The 
total estimated cancer incidence from the whole facility was determined 
to be 0.0004 excess cancer cases per year, or one excess case in every 
2,500 years. No people were estimated to have cancer risks above 1-in-1 
million from exposure to HAP emitted from both MACT and non-MACT 
sources at the three facilities in this source category. The maximum 
facility-wide TOSHI for the source category was estimated to be 0.04, 
driven by HF emissions from tunnel kilns.
    We also evaluated multipathway human health risk from the five PB-
HAP that are emitted by sources within this source category (arsenic, 
cadmium, POM, Hg (divalent Hg and methyl mercury), and lead). We 
evaluated the cadmium emissions from these facilities and concluded 
this HAP did not exceed the Tier 1 multipathway screening value of 1 
for cancer or noncancer. We also evaluated the arsenic, methyl mercury, 
and POM emissions and found these HAP caused an exceedance of the Tier 
1 multipathway screening value of 1 for cancer. Therefore, we conducted 
a Tier 2 screening assessment for these HAP and concluded that 
emissions of arsenic, POM and methyl mercury from these facilities did 
not exceed the Tier 2 multipathway screening value of 1 for cancer. A 
Tier 2 noncancer screening assessment was also conducted for Hg 
emissions and resulted in a screening value less than 1. Based upon the 
results of the screening assessments no further screening or site-
specific assessments were conducted for this source category.
    In evaluating the potential for multipathway effects from emissions 
of lead, modeled maximum annual-average lead concentrations were 
compared to the National Ambient Air Quality Standards (NAAQS) for lead 
(0.15 [micro]g/m\3\). Results of this analysis confirmed that the NAAQS 
for lead would not be exceeded by any facility.
    To evaluate the potential for adverse environmental effects, the 
EPA focuses on eight HAP, which are referred to as ``environmental 
HAP,'' in its screening assessment: Six PB-HAP and two acid gases. The 
PB-HAP emitted by sources in the category are arsenic compounds, 
cadmium compounds, POM, mercury (both inorganic mercury and methyl 
mercury), and lead compounds. The acid gases included in the screening 
assessment and emitted from the category are HCl and HF. In the Tier 1 
screening analysis for PB-HAP (other than lead, which was evaluated 
differently), arsenic, cadmium, divalent mercury, and POM had no Tier 1 
exceedances for any ecological benchmark. Methyl mercury emissions at 
one facility had a Tier 1 exceedance for the surface soil no-observed-
adverse-effect-level (avian ground insectivores) by a maximum SV of 2. 
A Tier 2 screening assessment was performed for methyl mercury. Methyl 
mercury had no Tier 2 exceedances for any ecological benchmark. For 
lead, we did not estimate any exceedances of the secondary lead NAAQS.
    Two acid gases are emitted by sources within this source category: 
HCl HF. We conducted a screening-level evaluation of the potential 
adverse environmental effects associated with emissions of HCl and HF 
and found that the average modeled concentration around each facility 
(i.e., the average concentration of all off-site data points in the 
modeling domain) did not exceed any ecological benchmark. In addition, 
each individual modeled concentration of HCl (i.e., each off-site data 
point in the modeling domain) was below the ecological benchmarks for 
all facilities. For HF, the maximum facility screening value (based on 
the average concentration of all off-site data points over the modeling 
domain) was well below 1 (0.007) and the maximum area that exceeded the 
ecological benchmark was only 0.002-percent of the modeled area. Based 
on the results of the environmental risk screening evaluation, we do 
not expect an adverse environmental effect as a result of HAP emissions 
from this source category.
    We weighed all health risk factors, including those shown in Table 
1 of this preamble, in our risk acceptability determination and 
proposed that the residual risks from the Refractory Products 
Manufacturing source category are acceptable (section IV.C of the 
proposed rule preamble, 86 FR 3095, January 14, 2021). We then 
considered whether 40 CFR part 63, subpart SSSSS provides an ample 
margin of safety to protect public health and prevents, taking into 
consideration costs, energy, safety, and other relevant factors, an 
adverse environmental effect. At proposal we determined there are no 
individuals in the exposed population with lifetime cancer risks above 
1-in-1 million as a result of actual or allowable emissions from this 
category. In addition, in our risk analysis we did not identify a 
potential for adverse chronic noncancer, acute noncancer, or 
multipathway health effects. Therefore, we proposed the current 
standards provide an ample margin of safety to protect public health 
(section IV.C of the proposed rule preamble, 86 FR 3095, January 14, 
2021).
2. How did the risk review change for the Refractory Products 
Manufacturing source category?
    We have not changed any aspect of the risk assessment for this 
source category as a result of public comments received on the January 
2021 proposal.
3. What key comments did we receive on the risk review, and what are 
our responses?
    We received comments in support of and against the proposed 
residual risk review. Having carefully considered these comments, it is 
our determination that no revisions are warranted under CAA section 
112(f)(2) for the Refractory Products Manufacturing source category. 
Generally, the comments that were not supportive of the risk review 
determination suggested changes to the underlying risk assessment 
methodology. For example, one commenter stated that the EPA should 
account for the increased risks due to exposure to multiple sources of 
HAP, use more health-protective dose-response values, and consider 
increased risks in childhood and from prenatal exposure. After review 
of all the comments received, we determined that no changes to our 
Science Advisory Board-approved review process were necessary. The 
comments and our specific responses can be found in the document, 
Summary of Public Comments and Responses on Proposed Rule: National 
Emission Standards for HAP for Refractory Products Manufacturing (40 
CFR part 63, subpart SSSSS), Residual Risk and Technology Review, Final 
Amendments, available in the docket for this action (Docket ID No. EPA-
HQ-OAR-2020-0148).
4. What is the rationale for our final approach and final decisions for 
the risk review?
    As noted in our proposal, the EPA sets standards under CAA section 
112(f)(2) using ``a two-step standard-setting approach, with an 
analytical first step to determine an `acceptable risk' that considers 
all health information, including risk estimation uncertainty, and 
includes a presumptive limit on the maximum individual risk (MIR) of 
``approximately 1-in-10 thousand'' (see 54 FR 38045, September 14, 
1989). We weigh all health risk factors in our risk acceptability 
determination, including the cancer MIR, cancer incidence, the maximum 
cancer TOSHI, the maximum acute noncancer HQ, the extent of

[[Page 66052]]

noncancer risks, the distribution of cancer and noncancer risks in the 
exposed population, and the risk estimation uncertainties.
    Since proposal, neither the risk assessment nor our determinations 
regarding risk acceptability, ample margin of safety, or adverse 
environmental effects have changed. For the reasons explained in the 
proposed rule, we have determined that the risks from the Refractory 
Products Manufacturing source category are acceptable, and that the 
current standards provide an ample margin of safety to protect public 
health and prevent an adverse environmental effect. Therefore, we are 
not revising the subpart to require additional controls pursuant to CAA 
section 112(f)(2) based on the residual risk review, and we are 
readopting the existing standards under CAA section 112(f)(2).

B. Technology Review for the Refractory Products Manufacturing Source 
Category

1. What did we propose pursuant to CAA section 112(d)(6) for the 
Refractory Products Manufacturing source category?
    Based on our technology review, we proposed improvements to the 
existing underlying work practices as required by CAA section 112(d)(6) 
during scheduled maintenance of THC control devices. These revisions 
are necessary to reflect technical developments in pollution control 
practices since the promulgation of the original standard for this 
source category and reflect the best practices of one affected 
facility. Specifically, for affected continuous kilns using THC 
emission control devices, we proposed to limit the number of hours for 
bypass of the control device to conduct scheduled maintenance, schedule 
the manufacture of product with binder applicability of the standard to 
THC emission control devices, limit the number of hours for percentages 
at the lower end of the range produced during periods of control device 
bypass. We also proposed to include the THC emissions for these periods 
in the semi-annual compliance report. A brief summary of the EPA's 
findings in conducting the technology review of refractory products 
manufacturing operations was included in the preamble to the proposed 
rule (86 FR 3095, January 14, 2021), and a detailed discussion of the 
EPA's technology review and findings was included in the memorandum, 
Technology Review for the Refractory Products Manufacturing NESHAP, 
available in the docket for this action (Docket Item No. EPA-HQ-OAR-
2020-0148-0008).
2. How did the technology review change for the Refractory Products 
Manufacturing source category?
    For the final rule, we revised aspects of two work practice 
standards from the proposal, based on public comments. First, we are 
finalizing slightly different improvements than proposed for the work 
practice standard that applies when a continuous kiln THC control 
device is bypassed for scheduled maintenance. In particular, to 
demonstrate compliance with the requirement in 40 CFR 63.9792(e)(2) to 
minimize HAP emissions during the period when the kiln is operating and 
the control device is out of service, the owner or operator will be 
required to maintain the organic HAP processing rate (lb/hr) below 
either the average organic HAP processing rate based on the actual 
production on a 6-month rolling basis (not to include periods of kiln 
shut down) or the HAP processing rate (lb/hr) that coincides with the 
lowest hour of the most recent 3-hour performance test, whichever is 
lower. This requirement replaces the proposed limitation of five kiln 
cars with products for which the mass fraction of organic HAP in the 
resins, binders, and additives is greater than the average for the 
year. Second, we are revising the work practice standard to use natural 
gas, or equivalent, as the kiln fuel by removing the exception for 
periods of natural gas curtailment or supply interruption.
3. What key comments did we receive on the technology review, and what 
are our responses?
    We received both supportive and adverse comments on various aspects 
of our technology review for refractory products manufacturing. The key 
comments and responses are provided in this section; summaries of 
comments not discussed in this preamble and the EPA's responses can be 
found in the comment summary and response document, available in the 
docket.
    Comment: One commenter provided technical comments on the specific 
provisions that the EPA proposed to limit production during periods 
when the THC control device is being bypassed for maintenance. The 
proposed provisions would have required manufacturing mostly product in 
the tunnel kiln that contains a mass fraction of organic HAP in the 
resins, binders, and additives that is less than the average organic 
HAP mass fraction of these constituents for the year (on a 12-month 
rolling basis), and manufacture of the product with an organic HAP mass 
fraction greater than the average for the year would be limited to only 
five kiln cars during such maintenance periods.
    The commenter explained that tunnel kilns comprise a preheating 
zone, firing zone, and cooling zone in sequence with kiln cars passing 
through the system containing pressed/formed refractory. Each kiln is 
designed to hold a set number of kiln cars in the preheating zone 
position and a separate set number of kiln cars in the firing zone 
position. The type and amount of resins, binders, and additives in the 
kiln are dictated by each product type's formulation. During drying in 
the tunnel kilns, organic HAP in resins, binders, and additives is 
volatilized and either destroyed in the tunnel kiln or exhausted to a 
THC control device for destruction.
    The commenter noted that according to the memorandum Technology 
Review for the Refractory Products Manufacturing NESHAP, available in 
the docket for this action (Docket Item No. EPA-HQ-OAR-2020-0148-0008), 
these proposed provisions are based on the facility's specific internal 
operation procedures for the regenerative thermal oxidizer (RTO) unit 
that state that tunnel kiln batches exceeding 90 binder counts can only 
be pushed in a train of ``five cars or less.'' The commenter asserted 
that the EPA has catered the five-kiln car provision too specifically 
to the facility's one tunnel kiln due to extremely limited data, as the 
facility is the only U.S. nonclay refractory producer using organic 
binder and a THC control device. The commenter further stated that 
these procedures only address one of the two continuous kilns at the 
facility. The commenter also stated that since kiln cars can hold a 
variety of refractory products of varying dimensions and formulation, 
the mass of organic HAP emissions from the resins, binders, and 
additives from car to car is variable. The commenter noted that a new 
nonclay refractory tunnel kiln could potentially be constructed with 
larger kiln cars, such that each kiln car could be designed to hold a 
greater mass of nonclay refractory and emit much more organic HAP while 
still satisfying the proposed provisions during periods of control 
device maintenance.
    The commenter suggested that instead the proposed requirements that 
apply during THC control device bypass for continuous kilns should be 
amended to reflect a more universal operating parameter limit (OPL). 
The OPL is established during performance testing in accordance with 40 
CFR 63.9800 and Table 4 to subpart SSSSS. Each

[[Page 66053]]

continuous unit is required to establish a 3-hour block operating limit 
for maximum allowable organic HAP processing rate, which is calculated 
as the average organic HAP processing rate from performance testing 
plus 10 percent in accordance with 40 CFR 63.9798(c) and EPA guidance. 
The commenter suggested that the organic HAP processing rate during THC 
control device bypass be limited to the average organic HAP processing 
rate from the most recent performance test demonstration, as determined 
on an hourly basis (i.e., 1-hour block average). The commenter also 
provided suggested revisions to the regulatory language to implement 
this suggestion.
    Response: The EPA proposed an improved work practice standard to 
further minimize emissions during periods of scheduled maintenance and 
bypass of the thermal oxidizer as a result of the CAA section 112(d)(6) 
technology review process. In addition to the current work practice to 
minimize emissions during these periods, we proposed other measures 
based on the best practices of one facility. These included: (1) 
Limiting the applicability to THC control devices; (2) an annual limit 
on the number of hours for bypass of the control device; (3) the 
requirement to process product containing lower percentages of organic 
HAP content in the resins, binders and additives (less than the average 
organic HAP mass fraction); (4) an allowance for the processing of five 
kiln cars per year with greater than average organic HAP mass fraction; 
and (5) reporting of the mass of organic HAP emissions for bypass 
periods in the semi-annual compliance report.
    As a result of the comments regarding these proposed measures, we 
learned we did not have full knowledge of the details of the facility's 
internal operating procedures during scheduled maintenance and bypass 
of the thermal oxidizer. As the commenter clarified, tunnel kiln 
batches exceeding 90 binder counts (a measure of the volume of binder) 
can only be pushed in a train of ``five cars or less'' during these 
periods. The commenter also clarified this procedure applies to only 
one of the two continuous tunnel kilns. We agree with the commenter 
that using the ``kiln car'' limitation is an imprecise way of limiting 
organic HAP emissions due to the potential variation in kiln car size. 
However, the EPA found the facility's suggestion to set an operating 
limit during bypass periods equal to the ``average organic HAP 
processing rate from the most recent performance test, as determined on 
an hourly basis (1-hour block average)'' and rule language edits to be 
inconsistent with other rule requirements. Specifically, because 
performance tests are required to be conducted while the source is 
operating at the maximum organic HAP processing rate as defined in 
Sec.  63.9824, we found this suggestion to be inconsistent with the 
rule requirement to minimize emissions during control device bypass and 
maintenance required by Sec.  63.9792(e)(2).
    We are therefore finalizing revisions to the proposed revised work 
practice standard that reflect additional improvements as a result of 
these comments and follow-up discussions with the facility to clarify 
their best practices. Specifically, we are revising the proposed work 
practice to limit the organic HAP processing rate rather than the 
organic HAP content during control device bypass and maintenance as 
proposed. The proposed rule language that required the facility to 
minimize HAP emissions during the period when the kiln is operating and 
the control device is out of service by ``scheduling of the manufacture 
of product for which the mass fraction of organic HAP in the resins, 
binders, and additives is at the lower end of the range produced (i.e., 
below the typical average mass fraction of organic HAP in the resins, 
binders, and additives)'' is revised to ``maintaining the organic HAP 
processing rate (lb/hr) below the average organic HAP processing rate 
based on actual production on a 6-month rolling basis (not to include 
periods of kiln shut down) or below the organic HAP processing rate 
(lb/hr) that coincides with the lowest hour of the most recent 3-hour 
performance test, whichever is lower.'' We are then requiring sources 
to demonstrate compliance with the requirement to minimize emissions by 
maintaining the organic HAP processing rate (lb/hr) during control 
device maintenance and bypass below lower of the two organic HAP 
processing rates described above. We are also revising the proposed 
reporting requirements to reflect these changes. In addition, we are 
removing the allowance for the processing of five kiln cars per year 
with greater than average organic HAP mass fraction from the work 
practice. Changing the work practice requirement from the mass fraction 
of organic HAP in the product to the HAP processing rate while also 
removing the reference to kiln cars provides a clearer and more 
consistent metric for demonstrating that HAP emissions have been 
minimized and provides the facility with options for minimizing 
emissions during the period when the kiln is operating and the control 
device is out of service (e.g., loading kiln cars with products with 
lower HAP contents, reducing the number of kiln cars pushed through the 
kiln per hour).
    In summary, the finalized work practice standard for periods of 
control device maintenance and bypass includes: (1) The proposed limit 
of the applicability to THC control devices; (2) the proposed annual 
limit on the number of hours for bypass of the control device; (3) the 
revised requirement to maintain the organic HAP processing rate below 
the average organic HAP processing rate, determined as the lower of 
either (a) the average organic HAP processing rate (lb/hr) based on 
actual production on a 6-month rolling basis, not to include periods of 
kiln shut down) or (b) the organic HAP processing rate determined 
during the lowest hour of the most recent performance test; and (4) 
semiannual compliance reporting of the following information: The 
average organic HAP processing rate based on actual production on a 6-
month rolling basis (not to include periods of kiln shut down) or the 
lowest hour from the most recent performance test (whichever is lower), 
the actual organic HAP processing rate, the amount of product produced 
and the mass of organic HAP in the product produced, the estimated THC 
emissions, the number of hours the control device was bypassed during 
the compliance period (as proposed), and the cumulative number of hours 
the control device was bypassed over the last 12-month period (as 
proposed). The final improvement of the work practice standard as a 
result of the CAA section 112(d)(6) technology review process does not 
include the proposed allowance for processing of five kiln cars per 
year with greater than average organic HAP mass fraction during control 
device maintenance and bypass.
    Meeting minutes from the discussion with the facility and follow-up 
emails are included in the rulemaking docket (Docket ID No. EPA-HQ-OAR-
2020-0148).
    Comment: One commenter noted that the EPA proposed to limit the 
number of hours during which a continuous kiln is operating and the THC 
control device is bypassed for maintenance to 750 hours per year on a 
12-month rolling basis. The commenter noted that the EPA identified 
this provision as an improvement to the current standard since there is 
no limit on the total amount of time the provision may be used other 
than the requirement for the owner or operator to minimize the amount 
of time for each bypass.
    The commenter also noted that per proposed requirements in 40 CFR

[[Page 66054]]

63.9792(e) and 63.9812(g), kiln operation during bypass of the THC 
control device requires advanced approval from the Administrator (86 FR 
3079, 3099, January 14, 2021). The commenter noted that the EPA also 
proposed that affected sources must document the planned maintenance 
procedures in the OM&M plan, and the proposed requirement in 40 CFR 
63.9814(c)(7) would require reporting in the semi-annual compliance 
report for these periods, including a statement of whether or not the 
control device maintenance was included in the approved request to 
bypass the control device while scheduled maintenance is performed. The 
EPA has proposed to allow 181 days for compliance with the proposed 
revisions, noting that this time would be used to update the OM&M plans 
and seek approval from the Administrator before taking the control 
device on the affected kiln out of service for scheduled maintenance.
    The commenter stated that the proposed requirement for 
Administrator approval is based on its current state-issued title V 
permit. The commenter noted that the state has delegated authority and 
is the ``Administrator'' in regard to implementing and enforcing the 
NESHAP requirements at 40 CFR part 63. The commenter clarified that the 
current title V permit requires advance notification via email to the 
state air quality inspector and to the Regional Air Quality staff that 
the RTO will be out of service for scheduled maintenance, but the 
permit does not include approval requirements. In addition, the 
commenter stated that the EPA did not differentiate between THC control 
device planned and unplanned maintenance and did not specify the scope 
of maintenance (e.g., washdowns, bakeouts, media placement) to be 
documented in the OM&M plan. Because the proposed provisions require 
approval from the Administrator in advance, the commenter noted that it 
appears kiln operation during unplanned maintenance events is not 
addressed.
    The commenter requested that the EPA amend 40 CFR 63.9792(e), 
63.9812(g), 63.9814(c)(7), Table 3, and Table 9 to specify that kiln 
operation during periods of control device maintenance requires 
``Administrator notification'' and not ``Administrator approval.'' The 
commenter suggested that the notification could include a telephone 
call or email to the Administrator within 24 hours of a bypass event. 
The commenter asserted that this provision would allow for unplanned/
emergency maintenance, which is common for continuous process units, 
particularly where facilities operate 24 hours a day, 365 days a year. 
Additionally, requiring notification rather than approval for each 
bypass allows facilities to avoid complete shutdown of a process unit 
if the Administrator cannot be reached for approval (e.g., control 
device requires unplanned maintenance at 3 a.m. on Saturday and 
Administrator cannot be reached until 9 a.m. Monday). The commenter 
noted that the EPA's proposed recordkeeping and reporting requirements 
related to the 750-hour (12-month rolling basis) limit on use of the 
bypass provisions would still adequately qualify these bypasses with 
Administrator notification versus approval. The commenter also asserted 
that requiring notification instead of approval does not restore 
``malfunction'' provisions, as the term is defined under 40 CFR 63.2, 
as the bypass period is limited to 750 hours per year (12-month rolling 
basis). Also, per U.S. Sugar Corp. v. EPA, 830 F.3d 579, 606-610 
(2016), the Administrator may determine whether the facility took good 
faith efforts to minimize resulting emissions including preventative 
and corrective actions and whether excess emissions were caused by poor 
maintenance or careless operation.
    Response: The EPA disagrees with the commenter's characterization 
of the proposed requirements in 40 CFR 63.9792(e) and 63.9812(g), 
regarding kiln operation during bypass of the THC control device and 
advanced approval from the Administrator (86 FR 3099, January 14, 
2021). The EPA agrees these citations pertain to kiln operation during 
bypass of the THC control device and advanced approval from the 
Administrator, but these provisions are original rule requirements that 
were not proposed to be amended. The original general requirements for 
complying with subpart SSSSS are contained in 40 CFR 63.9792, and 40 
CFR 63.9792(e) specifically permits the continued operation of a 
continuous kiln during bypass and scheduled maintenance of the control 
device for that kiln, provided the owner or operator meets the 
requirements of the work practice standard and requests and receives 
approval by the Administrator per 40 CFR 63.9792(e)(1), which requires 
a separate request each time the owner or operator plans to bypass the 
control device for scheduled maintenance. Similarly, the original 
requirements for notifications for subpart SSSSS are contained in 40 
CFR 63.9812, and 40 CFR 63.9812(g) specifically states that owner and 
operators must request approval from the Administrator before bypassing 
the control device, as specified in 40 CFR 63.9792(e), and that a 
separate request must be submitted for approval each time.
    We also disagree with the statement that the EPA proposed a new 
requirement that affected sources must document the planned maintenance 
procedures in the OM&M plan, as this requirement was also required in 
the original rule at 40 CFR 63.9794(a)(6). The provisions in 40 CFR 
63.9794(a)(6) pertain to any maintenance that requires use of the 
bypass provisions. The provision includes ``procedures for the proper 
operation and routine and long-term maintenance of each process unit 
and [air pollution control device],'' which encompasses the more 
specific types of maintenance described by the commenter (e.g., 
washdowns, bakeouts, media placement). Further, subpart SSSSS does not 
include the terms ``planned maintenance'' or ``unplanned maintenance,'' 
nor does it define ``scheduled maintenance.'' However, as noted earlier 
in this response, a request for Administrator approval must be 
submitted each time the owner or operator plans to bypass the control 
device for ``scheduled maintenance,'' and per Table 2 to subpart SSSSS, 
the owner or operator must receive approval from the Administrator 
before taking the control device on the affected kiln out of service 
for scheduled maintenance.
    After review of the commenter's request, we are not amending the 
requirements to request Administrator approval, and we also disagree 
with the comment that there is a need to differentiate between THC 
control device ``planned and unplanned maintenance'' within subpart 
SSSSS. The EPA did not propose to amend the requirement to request 
Administrator approval each time an owner or operator plans to bypass 
the control device, and we conclude that allowing notification rather 
than approval would not be an improvement to the standard. In 
particular, if owners and operators were allowed to comply with the 
work practice standard during periods of maintenance that are only 
``scheduled'' a few hours in advance of the control device bypass, 
those owners and operators would likely find it very challenging to 
comply with all the specific requirements that must be met during 
bypass to demonstrate compliance with the requirement in 40 CFR 
63.9792(e)(2) to minimize HAP emissions during the bypass. Therefore, 
the work practice standard we are finalizing for periods of control 
device bypass and scheduled maintenance applies to all THC control 
device bypasses for scheduled maintenance for

[[Page 66055]]

which the owner or operator receives approval from the Administrator. 
Most of the maintenance activities described by the commenter are 
likely to be considered ``scheduled maintenance'' for which the owner 
or operator will be able to request advanced approval from the 
Administrator before the control device is bypassed. These maintenance 
activities are the activities that should be documented in the OM&M 
plan. Bypass of the control device without Administrator approval would 
be considered a deviation from the standard.
    Finally, the EPA agrees with the commenter that the state has 
delegated authority and is the ``Administrator'' with regard to 
implementing and enforcing the 40 CFR subpart SSSSS requirements. 
However, the state does not have the authority to set standards less 
stringent than those promulgated by the Administrator in accordance 
with CAA section 112(l). Therefore, in order for the current title V 
permit to satisfy the 40 CFR 63.9792(e) and 63.9812(g) requirements, it 
must require advance approval by the Administrator and not the less 
stringent notification requirements.
    Comment: One commenter stated that the EPA must remove the 
alternative fuel allowance provision. The commenter noted that the 
existing standards contain a provision allowing for ``the use of 
alternative fuels'' (such as fuel oil, propane, and pulverized coal) 
during certain circumstances as an exception to the work practice 
standard that requires use of natural gas as the core emission control 
requirement. The commenter noted that the EPA has recognized this 
provision allows for an exception from the standards in ``situations 
analogous to malfunctions'' and explained in 2003 that its 
justification for this provision was similar to the SSM exemption. At 
the time, the EPA stated that, ``Just as an exceedance of emission 
limits during a malfunction is not considered a violation, as indicated 
in 40 CFR 63.6(f)(1) and (h)(1), we believe that using other fuels 
during periods when natural gas is unavailable should also not be 
considered a violation of the work practice standard for clay and 
chromium refractory products kilns'' (68 FR 18740, April 16, 2003).
    The commenter stated that to the extent that the EPA retains this 
work practice standard as the sole or an additional control, it must 
remove the illegal alternative fuel allowance provision. The commenter 
further stated that including this provision means that the emission 
standard (i.e., the fuel requirement) is not ``continuous'' and does 
not apply at all times, which is a violation of CAA sections 302(k) and 
112. The commenter asserted that the EPA should recognize this 
allowance is as unlawful as the SSM exemption that it has recognized 
the need to remove (Sierra Club, 551 F.3d at 1022), and therefore the 
EPA should remove this specific malfunction exemption as well. Failing 
to do so would violate CAA section 112(d)(6), by refusing to make a 
``necessary'' revision to assure compliance with the CAA, and it would 
be arbitrary because it would leave in place a harmful exemption that 
allows the release of more pollution than CAA section 112 allows, based 
on the illegal justification of a ``malfunction.'' In this instance, 
the commenter noted, such a ``malfunction'' may simply be an increase 
in natural gas prices, making this allowance particularly arbitrary 
because it conflicts with the CAA's public health objective and the 
floor requirement to assure emission standards based on the 
``achieved'' emission reductions, without consideration of cost.
    Response: The EPA agrees with the commenter that the existing 
standards require the use of natural gas or equivalent fuel. It also 
allows ``the use of alternative fuels'' during ``periods of natural gas 
curtailment or supply interruption'' as defined in 40 CFR 63.9824. 
Propane is considered to be a fuel that is equivalent to natural gas, 
not an alternative fuel, as stated by the commenter.
    The current rule requirements related to alternative fuel usage 
state that procedures for alternative fuel usage must be included in 
the OM&M plan per 40 CFR 63.9794(a)(10)(i), require notification of 
alternative fuel usage within 48 hours of the declaration of a period 
of natural gas curtailment or supply interruption per 40 CFR 
63.9812(f), and reporting of termination of alternative fuel usage 
within 10 working days per 40 CFR 63.9814. The ``period of natural gas 
curtailment or supply interruption'' is defined in 40 CFR 63.9824 as 
``the period of time during which the supply of natural gas to an 
affected facility is halted for reasons beyond the control of the 
facility. An increase in the cost or unit price of natural gas does not 
constitute a period of natural gas curtailment or supply 
interruption.''
    The alternative fuel allowance was added to the rule as a result of 
comments from the industry on the 2002 proposed rule, in which the EPA 
proposed the use of natural gas or other such clean fuel to prohibit 
the use of coal, fuel oil, waste oil, or equivalent fuels and the 
resulting emissions of HF, HCl or HAP metals from existing clay 
refractories (67 FR 42122, June 20, 2002). The EPA provided the 
justification for the allowance referenced by the commenter in the memo 
titled Summary of Public Comments and Responses on the Proposed NESHAP 
for Refractory Products Manufacturing (Docket ID OAR-2002-0088, Item 
No. V-C-01, page 12). Industry stakeholders opposed the 2002 proposed 
work practice that required use of natural gas, stating that many kilns 
were designed to use fuels other than natural gas and the need to use 
these alternative fuels arises during natural gas shortages or price 
increases. They also stated that during natural gas shortages, 
residential users receive priority over industrial users of natural gas 
and that prohibiting the use of alternative fuels could adversely 
impact the viability of some refractory operations. After considering 
those comments, the EPA finalized the alternative fuel allowance (73 FR 
18736, April 16, 2003). The EPA did not consider a price increase to be 
a justification for alternative fuel use at that time and omitted that 
reason from the natural gas curtailment definition. Contrary to the 
commenter's argument, this definition expressly states that an increase 
in natural gas prices does not constitute a period of natural gas 
curtailment or supply interruption, so the commenter's claim that such 
a ``malfunction'' may simply be an increase in natural gas prices is 
not valid.
    We acknowledge much has changed since the original NESHAP was 
promulgated in 2003. For this final action, the facilities in the 
source category confirmed they use natural gas and propane during 
normal operations in accordance with the NESHAP and state requirements. 
In the event of a natural gas curtailment or supply interruption, they 
indicated they would not switch to another fuel due to the fuel-
specific burner technology in use. They stated they would either 
continue to use equivalent fuel (propane backup) or shut down and 
retool their process units to use equivalent fuel (propane) or an 
alternative fuel (fuel oil) since they have no back-up supply of 
propane and it would likely also be curtailed due to demand. The EPA 
document titled AP-42, Section 1.5 Liquified Petroleum Gas Combustion, 
updated July 2008, further supports that response, explaining that 
burner design technology is specific to fuel type and that retooling 
may even be required when changing the fuel type from natural gas to 
propane. Retooling may include replacement of fuel injector

[[Page 66056]]

tips and/or vaporizers to provide burners with the proper fuel to air 
ratio. In addition, as noted previously in this preamble, there are no 
facilities currently subject to subpart SSSSS that manufacture chromium 
refractory products. Based on the changes in in kiln and burner design 
technologies since 2003, and on the determination that propane backup 
is available (or if retooling is required, retooling can be done for 
propane instead of other alternative fuels) for all existing sources 
subject to this standard and can be part of the design of new sources, 
we are removing the alternative fuel usage allowance. As a result, the 
use of alternative fuels will not be permitted and will be a deviation 
from the work practice standard, which will apply during normal 
operation as well as during periods of natural gas curtailment/supply 
interruption. The removal of the natural gas alternative fuel allowance 
and the requirement to use natural gas or equivalent fuels reflects a 
development in our understanding of refractory kiln fuel combustion 
technology since promulgation of the original standard.
4. What is the rationale for our final approach for the technology 
review?
    For the reasons explained in the preamble to the proposed rule (86 
FR 3095, January 14, 2021), we proposed amendments to improve the work 
practice standard that applies when a continuous kiln THC control 
device is bypassed for maintenance to reflect technical developments in 
pollution control practices since the promulgation of the original 
standard. We evaluated all of the comments received on these 
improvements and the EPA's proposed amendments, and for the reasons 
explained in the comment responses in section IV.B.3 of this preamble, 
we are finalizing amendments to the proposed work practice standard to 
further improve the work practices based on the best practices of one 
affected source in the source category. We are also finalizing 
amendments to the existing work practice standard that permits the use 
of alternative fuels when natural gas or equivalent fuel is not 
available, after review of the fuel combustion technology used by 
sources in the source category in response to public comments. Further 
explanation is included in the comment responses in section IV.B.3 of 
this preamble. The removal of the natural gas alternative fuel 
allowance and the requirement to use natural gas or equivalent fuels 
reflects a development in our understanding of refractory kiln fuel 
combustion technology since promulgation of the original standard.

C. CAA Sections 112(d)(2) and (3) Amendments for the Refractory 
Products Manufacturing Source Category

1. What amendments did we propose pursuant to 112(d)(2) and (3) for the 
Refractory Products Manufacturing source category?
    In the January 14, 2021 action, we proposed amendments to the 
Refractory Products Manufacturing NESHAP to address previously 
unregulated HAP for affected sources in the clay and nonclay refractory 
subcategories pursuant to 112(d)(2) and (3).
a. Clay Refractory Sources
    For new and existing clay refractory kilns, we proposed MACT floor 
limits for Hg and for PM (as a surrogate for non-Hg metal HAP), in 
addition to the current NESHAP requirements for clay refractory 
sources, based on emissions test data for existing clay refractory 
kilns. The emissions test data for existing clay kilns reviewed for 
this action confirmed trace (but measurable) amounts of non-Hg metal 
HAP and Hg emissions. As a result, we proposed MACT floor limits of 3.1 
lb/hr for PM and 6.1 micrograms per dry standard cubic meter ([micro]g/
dscm), corrected to 18 percent oxygen, for Hg for each new kiln used to 
produce clay refractory products. We proposed MACT floor limits of 9.5 
lb/hr for PM and 18 [micro]g/dscm, corrected to 18 percent oxygen, for 
Hg for each existing kiln used to produce clay refractory products. 
Similar to other source categories, we proposed a limit for PM (as a 
surrogate for non-Hg metal HAP) because the metal HAP are contained in 
the PM and the control techniques that would be used to control PM will 
equally control non-Hg metal HAP. To demonstrate compliance with the 
emission limits, we proposed initial and repeat 5-year performance 
testing for the regulated pollutants, continuous parameter monitoring, 
and daily visible emissions (VE) checks. Owners and operators whose 
clay refractory products kilns are equipped with a fabric filter to 
reduce PM (as a surrogate for non-Hg metal HAP) have the option of 
demonstrating compliance using a bag leak detection (BLD) system 
instead of daily VE checks.
    We also evaluated the beyond-the-floor option of requiring all 
existing sources to meet the proposed new source MACT standards for Hg 
and PM (as a surrogate for total non-Hg metal HAP). We concluded that 
the costs of the necessary controls were not reasonable relative to the 
level of emission reduction achieved for either the Hg or PM beyond-
the-floor options. In addition, these controls would create additional 
solid waste, as there would be a need to dispose of the collected 
metal-contaminated dust. Therefore, we did not propose beyond-the-floor 
limits for Hg or PM. A brief discussion regarding the derivation of the 
Hg and PM limits and the beyond-the-floor option was included in the 
preamble to the proposed rule (86 FR 3095, January 14, 2021), and a 
detailed discussion is included in the technical memorandum titled 
Development of Proposed Standards and Impacts for the Refractory 
Products Manufacturing NESHAP, located in the docket for this action 
(Docket Item No. EPA-HQ-OAR-2020-0148-0014).
b. Nonclay Refractory Sources
    For new and existing curing ovens, shape dryers, and kilns that are 
used to process refractory products that use organic HAP (i.e., nonclay 
refractory sources), we proposed a work practice standard to use 
natural gas as fuel to limit metal HAP emissions (except during periods 
of natural gas curtailment or supply interruption) as provided in CAA 
section 112(h) in lieu of a numerical emissions standard, in addition 
to the current NESHAP THC limits for new and existing nonclay 
refractory sources. These sources currently employ the use of thermal 
oxidizers, regenerative thermal oxidizers and catalytic oxidizers to 
meet the THC limit, however, the NESHAP did not require sources to use 
natural gas as fuel for sources in this subcategory because the metal 
HAP emissions were determined to be below measurable quantities due to 
the use of purified nonclay raw materials. Available HAP data for these 
sources in the 2017 National Emission Inventory (NEI) were found to be 
outdated and not reflective of current operating conditions. The 2017 
NEI included measurable PM emissions for these existing nonclay 
refractory sources, and the PM would be expected to have trace amounts 
of metal HAP; however, we have no emission stack test data to indicate 
measurable emissions of metal HAP for these existing nonclay refractory 
sources.\2\ Therefore, as discussed in the preamble to the

[[Page 66057]]

proposed rule (86 FR 3095, January 14, 2021), we proposed a work 
practice standard to use natural gas as fuel for new and existing 
nonclay refractory sources to limit metal HAP emissions in lieu of a 
numerical emissions standard in accordance with CAA section 112(h).
---------------------------------------------------------------------------

    \2\ Thus, while we believe that there are metal HAP emissions, 
the lack of data showing measurable emissions leads the EPA to 
conclude that the application of measurement methodology to this 
class of sources is not practicable due to technological and 
economic limitations. See CAA 112(h)(2)(B).
---------------------------------------------------------------------------

2. How did the 112(d)(2) and (3) amendments change for the Refractory 
Products Manufacturing source category?
    We are making one change to the proposed CAA section 112(d)(2) and 
(3) amendments. For each new kiln used to produce clay refractory 
products, we are finalizing the proposed MACT floor limits of 3.1 lb/hr 
for PM (as a surrogate for metal HAP) and 6.1 [micro]g/dscm, corrected 
to 18 percent oxygen, for Hg. For each existing kiln used to produce 
clay refractory products, we are finalizing the proposed MACT floor 
limits of 9.5 lb/hr for PM (as a surrogate for metal HAP) and 18 
[micro]g/dscm, corrected to 18 percent oxygen, for Hg. We are also 
finalizing the proposed requirements for initial and repeat 5-year 
performance testing, continuous parameter monitoring, daily VE checks, 
and the option of demonstrating compliance using a BLD system instead 
of daily VE checks for clay refractory products kilns equipped with a 
fabric filter to reduce PM (as a surrogate for metal HAP). For each new 
and existing affected source used to produce nonclay refractory 
products, we are finalizing the work practice standard to use natural 
gas as fuel to limit metal HAP emissions as provided in CAA section 
112(h) in lieu of a numerical emissions standard generally as proposed. 
However, based on the review of combustion technologies prompted by 
public comments on the existing work practice standard to use natural 
gas as fuel (see section IV.B.3 of this preamble), the finalized work 
practice for new and existing sources used to produce nonclay 
refractory products requires the use natural gas or an equivalent fuel 
at all times, without an exception during periods when natural gas is 
not available.
3. What key comments did we receive on the 112(d)(2) and (3) amendments 
and what are our responses?
    We received one general comment supporting the proposed CAA section 
112(d)(2) and (3) amendments for refractory products manufacturing. The 
comment letter also included recommendations for more stringent 
standards under CAA section 112(d)(2) and (3) for this source category.
    Comment: One commenter supported the EPA's proposed decision to set 
numeric emission standards for Hg and for PM as a surrogate for non-Hg 
metal HAP for existing clay refractory sources. The commenter noted 
that setting limits for all unregulated sources of HAP emissions in 
this category is required by CAA section 112(d)(6) (see LEAN v. EPA, 
955 F.3d 1088). However, the commenter asserted that the proposed 
limits are not strong enough to satisfy the CAA section 112(d)(2)-(3) 
requirements and that the standards must reflect the maximum achievable 
degree of emission limitation. First, the commenter stated that the 
limits were set using insufficient data and that it is not clear why 
the EPA did not use its authority under CAA section 114 to collect 
additional emission data. Second, the commenter stated that the ``upper 
prediction limit'' (UPL) methodology of setting standards is not 
consistent with the statutory requirement of the floor as the ``average 
emission limitation'' achieved by the best-performing sources, which 
violates CAA section 112(d)(3) and is arbitrary. Therefore, the 
commenter stated, the proposed standards do not come close to the 
``maximum achievable'' degree of emission reduction.
    Response: As courts have regularly upheld, the EPA has wide 
latitude in determining the extent of data gathering necessary to solve 
a problem and courts generally defer to the Agency's decision to 
proceed on the basis of imperfect scientific information, rather than 
to ``invest the resources to conduct the perfect study.'' Sierra Club 
v. EPA, 167 F. 3d 658, 662 (D.C. Cir. 1999)) (``If EPA were required to 
gather exhaustive data about a problem for which gathering such data is 
not yet feasible, the agency would be unable to act even if such 
inaction had potentially significant consequences . . . [A]n agency 
must make a judgment in the face of a known risk of unknown degree.'' 
Mexichem Specialty Resins, Inc., 787 F.3d. 561 (D.C. Cir. 2015)).
    Contrary to the commenter's assertion, the EPA had sufficient data 
available from the two clay refractory products kilns at Whitacre-Greer 
to calculate MACT floors, so additional data collection was not 
necessary. In the case of PM, multiple sets of emissions test data were 
available for each of the two kilns, allowing for a data set for each 
kiln that was robust enough that the EPA did not need to evaluate the 
uncertainty associated with a limited dataset for either kiln. Further, 
as noted in the memorandum Emissions Data Used to Develop the 
Refractory Products Manufacturing Risk and Technology Review (RTR) Risk 
Modeling Input Files (Docket Item No. EPA-HQ-OAR-2020-0148-0006), St. 
Gobain has three batch tunnel kilns and two continuous tunnel kilns 
capable of producing both clay and nonclay refractories, so they would 
be subject to the proposed standards for PM and Hg when producing clay 
refractories. However, 40 CFR 63.9824 defines a clay refractory product 
as ``a refractory product that contains at least 10 percent uncalcined 
clay by weight prior to firing in a kiln'' and includes six 
classifications of clay (ball clay, bentonite, common clay and shale, 
fire clay, fuller's earth, and kaolin). Based on the 2017 raw material 
information provided by St. Gobain when the EPA was developing the 
inputs file for the risk modeling, the quantities of clay fired do not 
meet the 10 percent threshold for the manufacture of clay refractories 
and are more consistent with the use of clay as a binder, so these 
kilns are expected to be subject to the clay refractory kiln standards 
infrequently. Therefore, it is not clear that using the authority under 
CAA section 114 for these kilns would have yielded any additional PM or 
Hg data for clay refractory kilns. In other words, if the EPA had 
requested emissions testing under CAA section 114 for these five kilns 
when they manufacture clay refractories, the EPA would have had to wait 
for the facility to change their product on each kiln, which may not 
have been feasible.
    Regarding the UPL approach, in August 2013, the D.C. Circuit issued 
its decision in National Association. of Clean Water Agencies (NACWA) 
v. EPA, which addressed challenges to the EPA's 2011 Sewage Sludge 
Incinerator (SSI) rule, issued under section 129 of the CAA. In NACWA 
v. EPA, the court remanded the EPA's use of the UPL methodology to the 
Agency for further explanation of how the methodology reflected the 
average emissions limitation achieved by the best-performing 12 percent 
of sources (for existing sources) and the average emissions limitation 
achieved by the best-performing similar source (for new sources). NACWA 
v. EPA, 734 F.3d 1115, 1151. Because the UPL methodology used in the 
SSI rule was the same as that used in the major source Boiler MACT (40 
CFR part 63, subpart DDDDD), the EPA requested a remand of the record 
in U.S. Sugar v. EPA in order to address the court's decision in NACWA 
v. EPA. The EPA prepared a memorandum explaining the methodology for 
the UPL. This memorandum, the EPA's Response to Remand of the Record 
for Major Source Boilers, provides a detailed rationale to use the UPL 
as the basis of setting a

[[Page 66058]]

MACT floor for new and existing sources, and the methodology and the 
explanation in the memorandum were upheld by the D.C. Circuit in U.S. 
Sugar v. EPA, 830 F.3d at 639. Following the UPL memorandum, the EPA 
issued a subsequent memorandum specifically addressing the application 
of the UPL methodology when setting MACT emission limits with limited 
datasets, Approach for Applying the Upper Prediction Limit to Limited 
Datasets. In that memorandum, the EPA concluded that there are 
additional considerations when setting MACT floors for limited 
datasets. The D.C. Circuit agreed that the EPA sufficiently explained 
the general application of the UPL approach to small datasets in Sierra 
Club v. EPA, 895 F.3d 1, 14 (D.C. Cir. 2018). The MACT floors were set 
consistent with EPA guidance and with previous court decisions.
4. What is the rationale for our final approach for the 112(d)(2) and 
(3) amendments?
    For the reasons explained in the preamble to the proposed rule (86 
FR 3095, January 14, 2021), and in the comment responses in sections 
IV.B.3 and IV.C.3 of this preamble and the comment summary and response 
document (available in the docket for this rulemaking), we are 
finalizing a work practice requirement to use natural gas at all times 
for new and existing clay refractory product sources, and we are making 
no changes and are finalizing the proposed 112(d)(2) and (3) amendments 
for clay refractory kilns in the Refractory Products Manufacturing 
source category.

D. SSM Amendments for the Refractory Products Manufacturing Source 
Category

1. What SSM amendments did we propose for the Refractory Products 
Manufacturing source category?
    We proposed amendments to the Refractory Products Manufacturing 
NESHAP to remove and revise provisions related to SSM that are not 
consistent with the 2008 court decision that the standards apply at all 
times. More information concerning the elimination of SSM provisions is 
provided in the preamble to the proposed rule (86 FR 3095, January 14, 
2021).
2. How did the SSM amendments change for the Refractory Products 
Manufacturing source category?
    We are finalizing the SSM provisions as proposed with no changes 
(86 FR 3095, January 14, 2021).
3. What key comments did we receive on the SSM amendments and what are 
our responses?
    We received one general comment supporting the proposed amendments 
to the SSM provisions for refractory products manufacturing and three 
comments requesting that the rule requirements for this source category 
apply at all times, not just during periods of SSM.
4. What is the rationale for our final approach for the SSM provisions?
    For the reasons explained in the proposed rule and after evaluation 
of the comments on the proposed amendments to the SSM provisions for 
the Refractory Products Manufacturing NESHAP, we are finalizing the 
proposed amendments related to SSM that are not consistent with the 
requirement that the standards apply at all times. More information 
concerning the proposed amendments to the SSM provisions is in the 
preamble to the proposed rule (86 FR 3095, January 14, 2021).

E. Electronic Reporting Amendments for the Refractory Products 
Manufacturing Source Category

1. What electronic reporting amendments did we propose for the 
Refractory Products Manufacturing source category?
    In the January 14, 2021, notice we proposed amendments to subpart 
SSSSS to require owners and operators of refractory product 
manufacturing facilities to submit electronic copies of NOCS reports, 
performance test results, and performance evaluation results through 
the EPA's CDX using CEDRI.
    The proposed amendments apply to the NOCS required by 40 CFR 
63.7(b) and (c), 40 CFR 63.8(f)(4), 40 CFR 63.9(b) through (e) and (h) 
and 40 CFR 63.9812, and performance test results and performance 
evaluation results required by 40 CFR 63.9(h), 40 CFR 63.9800, and 40 
CFR 63.9814. The proposal would require that all NOCS be submitted as 
portable document format (PDF) files and uploaded to CEDRI. For 
performance test and performance evaluation results, the proposal would 
require test results that use test methods supported by the EPA's ERT 
listed on the ERT website\1\ at the time of the test be submitted in 
the format generated through the use of the ERT or an electronic file 
consistent with the extensible markup language (XML) schema on the ERT 
website. Performance test results using test methods that are not 
supported by the ERT at the time of the test would be required to be 
submitted as a PDF file using the attachment module of the ERT. In 
addition, the proposal included two broad circumstances for electronic 
reporting extensions. A description of the electronic data submission 
process is provided in the memorandum Electronic Reporting Requirements 
for New Source Performance Standards (NSPS) and National Emission 
Standards for NESHAP Rules, available in the docket for this action 
(Docket Item No. EPA-HQ-OAR-2020-0148-0003). The proposed rule 
requirements would replace the current rule requirements to submit the 
NOCS reports, performance test results, and performance evaluation 
results to the Administrator at the appropriate address listed in 40 
CFR 63.13. The proposed rule requirement would not affect submittals 
required by state air agencies. The proposed compliance date for 
existing affected sources to comply with the electronic reporting 
requirements for NOCS reports, performance test results, and 
performance evaluation results is 181 days after the final rule is 
published to begin electronic reporting. New affected sources are 
required to comply with the electronic reporting requirements for NOCS 
reports, performance test results, and performance evaluation results 
on the effective date of the standard or upon startup, whichever is 
later.
2. How did the electronic reporting provisions change for the 
Refractory Products Manufacturing source category?
    No changes were made to the proposed electronic reporting 
provisions.
3. What key comments did we receive on the electronic reporting 
provisions and what are our responses?
    We received one comment letter that addressed the proposed 
electronic reporting provisions for refractory products manufacturing. 
The commenter generally supported the proposed amendments except for 
the proposed provisions of 40 CFR 63.9814(k) and (l) that would provide 
instructions for affected sources unable to submit an electronic report 
either due to a force majeure event or an outage of CEDRI.
4. What is the rationale for our final approach for the electronic 
reporting requirements?
    For the reasons explained in the preamble to the proposed rule (86 
FR 3095, January 14, 2021) and the comment summary and response 
document (available in the docket for this rulemaking), we are making 
no

[[Page 66059]]

changes and are finalizing the electronic reporting provisions as 
proposed.

F. Technical Amendments for the Refractory Products Manufacturing 
Source Category

    In the final rule, we are amending 40 CFR 63.9824 and Table 4 to 
subpart SSSSS of part 63, as proposed, to clarify the location in 40 
CFR part 60 of applicable EPA test methods. We are also amending 40 CFR 
63.9814 and 63.9816 to include the requirements to record and report 
information on failures to meet the applicable standard.
    In the final rule, as proposed, we are adding and updating test 
methods that are incorporated by reference. In accordance with 
requirements of 1 CFR part 51.5, the EPA is incorporating by reference 
the following voluntary consensus standards (VCS) described in the 
amendments to 40 CFR 63.14:
     ANSI/ASME PTC 19.10-1981, Flue and Exhaust Gas Analyses 
[Part 10, Instruments and Apparatus], issued August 31, 1981, proposed 
to be IBR approved for Table 4 to subpart SSSSS. This document 
specifies methods, apparatus and calculations which are used to 
determine quantitatively, the gaseous constituents of the exhausts 
including oxygen and carbon dioxide resulting from station combustions 
sources.
     ASTM D6348-12e1, Standard Test Method for Determination of 
Gaseous Compounds by Extractive Direct Interface Fourier Transform 
Infrared (FTIR) Spectroscopy, Approved February 1, 2012, proposed to be 
IBR approved for Table 4 to subpart SSSSS.
     ASTM D6784-16, ``Standard Test Method for Elemental, 
Oxidized, Particle-Bound and Total Mercury in Flue Gas Generated from 
Coal-Fired Stationary Sources (Ontario Hydro Method),'' (Approved March 
1, 2016), proposed to be IBR approved for Table 4 to subpart SSSSS.
     EPA-454/R-98-015, Office of Air Quality Planning and 
Standards (OAQPS), Fabric Filter Bag Leak Detection Guidance, September 
1997, proposed to be IBR approved for 40 CFR 63.9804(f). This document 
provides guidance on the use of triboelectric monitors as fabric filter 
bag leak detectors. The document includes fabric filter and monitoring 
system descriptions; guidance on monitor selection, installation, 
setup, adjustment, and operation; and quality assurance procedures.

V. Summary of Cost, Environmental, and Economic Impacts and Additional 
Analyses Conducted

A. What are the affected facilities?

    Currently, three major sources subject to the Refractory Products 
Manufacturing NESHAP are operating in the United States. The NESHAP 
applies to each new, reconstructed, and existing affected source 
located at a refractory products manufacturing facility that is a major 
source of HAP emissions, is located at a major source of HAP emissions, 
or is part of a major source of HAP emissions. A refractory products 
manufacturing facility is a plant site that manufactures refractory 
products, such as refractory bricks, refractory shapes, monolithics, 
kiln furniture, crucibles, and other materials used for lining furnaces 
and other high temperature process units. Refractory products 
manufacturing facilities typically process raw material by crushing, 
grinding, and screening; mixing the processed raw materials with 
binders and other additives; forming the refractory mix into shapes; 
and drying and firing the shapes. The NESHAP lists the affected sources 
for four subcategories across the industry as the shape dryers, curing 
ovens, and kilns that are used to manufacture refractory products that 
use organic HAP; shape preheaters, pitch working tanks, defumers, and 
coking ovens that are used to produce pitch-impregnated refractory 
products; kilns that are used to manufacture chromium refractory 
products; and kilns that are used to manufacture clay refractory 
products. The three major sources currently operating in the U.S. can 
be grouped into two of the subcategories and use curing ovens and kilns 
that are used to manufacture nonclay refractory products that use 
organic HAP and kilns that are used to manufacture clay refractory 
products.

B. What are the air quality impacts?

    At the current level of control, the estimated emissions of HAP 
from the Refractory Products Manufacturing source category are 
approximately 40 tpy. The final amendments require that all three major 
sources in the Refractory Products Manufacturing source category comply 
with the relevant emission standards at all times, including periods of 
SSM. The final amendments also limit the number of hours a continuous 
kiln THC control device can be bypassed during scheduled maintenance 
and require minimizing emissions of THC during bypass periods. We were 
unable to quantify the emissions that occur during periods of SSM or 
the specific emissions reductions that would occur as a result of this 
action. However, eliminating the SSM exemption has the potential to 
reduce emissions by requiring facilities to meet the applicable 
standard during SSM periods. Requiring the use of natural gas as kiln 
fuel at all times also ensures that PM (as a surrogate for non-Hg metal 
HAP) and Hg will not be emitted from combustion of coal, fuel oil, or 
waste-derived fuels.
    Indirect or secondary air emissions impacts are impacts that would 
result from the increased electricity usage associated with the 
operation of control devices (e.g., increased secondary emissions of 
criteria pollutants from power plants). Energy impacts consist of the 
electricity and steam needed to operate control devices and other 
equipment. The final amendments would have no effect on the energy 
needs of the affected facilities in this source category and would, 
therefore, have no indirect or secondary air emissions impacts.

C. What are the cost impacts?

    We estimate that each facility in this source category will 
experience costs as a result of these final amendments. Estimates for 
reporting and recordkeeping costs for each facility are associated with 
the electronic reporting requirements, elimination of the SSM 
exemption, and revision of the requirements that apply during times of 
scheduled maintenance of continuous kiln control devices. The costs 
associated with the electronic reporting requirements are attributed to 
submittal of NOCS reports, performance test results, and performance 
evaluation results using CEDRI and include time for becoming familiar 
with CEDRI. The costs associated with the revised SSM requirements were 
estimated for re-evaluating previously developed SSM record systems. 
The costs associated with recordkeeping to document the frequency and 
duration of scheduled maintenance of control devices for continuous 
kilns were also estimated. The recordkeeping and reporting costs are 
presented in section VI.C of this preamble.
    We estimate the costs associated with this action are primarily due 
to the new compliance testing requirements for the clay refractory 
kilns in this action. Two of the major source refractory manufacturing 
facilities manufacture clay refractory and are required to conduct 
periodic compliance testing for PM as a surrogate for non-Hg metal HAP 
and Hg once every 5 years. One clay refractory manufacturing facility 
has two continuous kilns and the other has

[[Page 66060]]

two continuous kilns and three batch kilns. The costs associated with 
conducting the combined PM and Hg test for each continuous kiln stack 
are estimated to be about $23,600. The costs associated with conducting 
the combined PM and Hg test for each batch kiln stack are estimated to 
be about $31,800. We also assumed that tests for additional stacks at 
the same facility would be conducted in the same trip, so the 
additional cost is less due to reduced travel costs. The total costs 
for the two facilities to test the seven kilns in a single year would 
be $115,300. In addition to the testing costs, each facility performing 
the testing will have an additional $6,900 in reporting costs per 
facility in the year in which the test occurs.
    For kilns that meet the limits without any controls, owners or 
operators are required to conduct VE monitoring to demonstrate 
compliance. One of the continuous kilns is controlled with a wet 
scrubber, but the other six kilns are expected to need to conduct VE 
monitoring. We estimate that the monitoring will cost $3,740 per year 
per stack, for a total of $22,400 per year.
    For further information on the potential testing and monitoring 
costs, see the memorandum titled Development of Proposed Standards and 
Impacts for the Refractory Products Manufacturing NESHAP, located in 
the docket for this action (Docket Item No. EPA-HQ-OAR-2020-0148-0014).

D. What are the economic impacts?

    The economic impact analysis is designed to inform decision makers 
about the potential economic consequences of the compliance costs 
outlined in section V.C of this preamble. To assess the maximum 
potential impact, the largest cost expected to be experienced in any 
one year is compared to the total sales for the ultimate owner of the 
affected facilities to estimate the total burden for each owner. For 
these final amendments, the total cost of testing, monitoring, and 
recordkeeping and reporting is estimated to be $158,140. The total 
annual costs associated with the requirements range from 0.00008 to 
0.18 percent of annual sales revenue per ultimate owner. These costs 
are not expected to result in a significant market impact, regardless 
of whether they are passed on to customers or absorbed by the firms.
    The EPA also prepared a small business screening assessment to 
determine whether any of the identified affected facilities are small 
entities, as defined by the U.S. Small Business Administration. One of 
the facilities affected by these amendments is a small entity. However, 
the annual cost associated with the requirements is 0.18 percent of 
annual sales revenue for the owner of that facility. Therefore, there 
are no significant economic impacts on a substantial number of small 
entities from these amendments.

E. What are the benefits?

    As stated above in section V.B. of this preamble, we were unable to 
quantify the specific emissions reductions associated with eliminating 
the SSM exemption, although this change has the potential to reduce 
emissions of volatile organic HAP.
    Because these final amendments are not considered economically 
significant, as defined by Executive Order 12866, we did not monetize 
the benefits of reducing these emissions. This does not mean that there 
are no benefits associated with the potential reduction in volatile 
organic HAP from this rule.

F. What analysis of environmental justice did we conduct?

    Executive Order 12898 directs the EPA to identify the populations 
of concern who are most likely to experience unequal burdens from 
environmental harms; specifically, minority populations, low-income 
populations, and indigenous peoples (59 FR 7629, February 16, 1994). 
Additionally, Executive Order 13985 was signed to advance racial equity 
and support underserved communities through Federal government actions 
(86 FR 7009, January 20, 2021). The EPA defines environmental justice 
(EJ) as the fair treatment and meaningful involvement of all people 
regardless of race, color, national origin, or income with respect to 
the development, implementation, and enforcement of environmental laws, 
regulations, and policies. The EPA further defines the term fair 
treatment to mean that ``no group of people should bear a 
disproportionate burden of environmental harms and risks, including 
those resulting from the negative environmental consequences of 
industrial, governmental, and commercial operations or programs and 
policies'' (https://www.epa.gov/environmentaljustice). In recognizing 
that minority and low-income populations often bear an unequal burden 
of environmental harms and risks, the EPA continues to consider ways of 
protecting them from adverse public health and environmental effects of 
air pollution.
    Based on an analysis of exposed populations, the EPA determined 
that the Refractory Products Manufacturing source category does not 
pose a disproportionately high adverse health impact on minority 
populations and/or low-income populations, as specified in Executive 
Order 12898 (59 FR 7629, February 16, 1994) and referenced in Executive 
Order 13985 (86 FR 7009, January 20, 2021). The EPA remains committed 
to engaging with communities and stakeholders throughout the 
development of air pollution regulations.
    To examine the potential for any environmental justice issues that 
might be associated with this source category, we performed a 
demographic analysis, which is an assessment of risks to individual 
demographic groups of the populations living within 5 km and within 50 
km of the facilities. In the analysis, we also evaluated the 
distribution of HAP-related cancer and noncancer risks from the 
Refractory Products Manufacturing source category across different 
demographic groups within the populations living near facilities.\3\
---------------------------------------------------------------------------

    \3\ Demographic groups included in the analysis are: White, 
African American, Native American, other races and multiracial, 
Hispanic or Latino, children 17 years of age and under, adults 18 to 
64 years of age, adults 65 years of age and over, adults without a 
high school diploma, people living below the poverty level, people 
living two times the poverty level, and linguistically isolated 
people.
---------------------------------------------------------------------------

    The results of the demographic analysis for the Refractory Products 
Manufacturing source category indicates that no one is exposed to a 
cancer risk at or above 1-in-1 million or to a chronic noncancer TOSHI 
greater than 1. In addition, no percentages of the populations exposed 
to emissions from the source category are higher than their respective 
nationwide average percentages. Thus, the populations living near 
refractory products manufacturing facilities are similar to the 
national average in demographic characteristics, and we do not see a 
disproportionately high exposure to the population groups indicated in 
the Executive Orders. The methodology and the results of the 
demographic analysis are presented in more detail in the technical 
report titled Risk and Technology Review--Analysis of Demographic 
Factors for Populations Living Near Refractory Products Manufacturing 
Source Category Operations, September 2020, available in the docket for 
this action (Docket Item No. EPA-HQ-OAR-2020-0148-0007).

G. What analysis of children's environmental health did we conduct?

    This action is not subject to Executive Order 13045 because it is 
not

[[Page 66061]]

economically significant as defined in Executive Order 12866, and 
because the EPA does not believe the environmental health or safety 
risks addressed by this action present a disproportionate risk to 
children. This action's health and risk assessments are contained in 
section IV.A of this preamble and are further documented in the 
Residual Risk Assessment for the Refractory Products Manufacturing 
Source Category in Support of the 2020 Risk and Technology Review 
Proposed Rule, available in the Refractory Products Manufacturing 
docket (Docket Item No. EPA-HQ-OAR-2020-0148-0013).

VI. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Orders 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was, 
therefore, not submitted to OMB for review.

B. Paperwork Reduction Act (PRA)

    The information collection activities in this action have been 
submitted for approval to OMB under the PRA. The Information Collection 
Request (ICR) document that the EPA prepared has been assigned EPA ICR 
number 2040.08. You can find a copy of the ICR in the Refractory 
Products Manufacturing Docket (Docket ID No. EPA-HQ-OAR-2020-0148), and 
it is briefly summarized here.
    As part of the RTR for the Refractory Products Manufacturing 
NESHAP, the EPA is not revising the existing emission limit 
requirements but is adding new emission limit requirements for existing 
clay refractory sources and is adding new work practices for existing 
nonclay refractory sources. The EPA is also revising the SSM provisions 
of the rule and is adding the use of electronic data reporting for 
future performance test result and performance evaluation result 
submittals, and NOCS reports. This information is being collected to 
assure compliance with 40 CFR part 63, subpart SSSSS.
    Respondents/affected entities: Facilities manufacturing refractory 
products.
    Respondent's obligation to respond: Mandatory (40 CFR part 63, 
subpart SSSSS).
    Estimated number of respondents: In the 3 years after the 
amendments are final, approximately three respondents per year will be 
subject to the NESHAP and no additional respondents are expected to 
become subject to the NESHAP during that period.
    Frequency of response: The total number of responses is 15 per 
year.
    Total estimated burden: The average annual burden to the three 
refractory products manufacturing facilities over the 3 years after the 
amendments are final is estimated to be 230 hours (per year). The 
average annual burden to the Agency over the 3 years after the 
amendments are final is estimated to be 202 hours (per year). Burden is 
defined at 5 CFR 1320.3(b).
    Total estimated cost: The average annual cost to the refractory 
products manufacturing facilities is $27,100 in labor costs in the 
first 3 years after the amendments are final. The average annual 
capital and operation and maintenance (O&M) cost is $69,900. The total 
average annual Agency cost over the first 3 years after the amendments 
are final is estimated to be $9,990.
    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 the 
EPA's regulations in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. The 
annualized costs associated with the requirements in this action for 
the affected small entities is described in section V.C. above.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate of $100 million or 
more as described in UMRA, 2 U.S.C. 1531-1538, and does not 
significantly or uniquely affect small governments. While this action 
creates an enforceable duty on the private sector, the cost does not 
exceed $100 million or more.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

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

    This action does not have tribal implications as specified in 
Executive Order 13175. No tribal facilities are known to be engaged in 
any of the industries that would be affected by this action. In 
addition, the EPA conducted a proximity analysis for this source 
category and found that no refractory products manufacturing facilities 
are located within 50 miles of tribal lands. Thus, Executive Order 
13175 does not apply to this action.

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

    This action is not subject to Executive Order 13045 because it is 
not economically significant as defined in Executive Order 12866, and 
because the EPA does not believe the environmental health or safety 
risks addressed by this action present a disproportionate risk to 
children. This action's health and risk assessments are contained in 
section IV.A of this preamble and are further documented in the 
Refractory Products Manufacturing Docket.

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

    This action is not subject to Executive Order 13211 because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act and 1 CFR Part 51

    This action involves technical standards. The EPA amended the 
Refractory Products Manufacturing NESHAP in this action with two 
methods that can be used as alternatives to the EPA methods in the 
current NESHAP: ANSI/ASME PTC 19.10-1981, ``Flue and Exhaust Gas 
Analyses'' and ASTM D6348-12e1, ``Determination of Gaseous Compounds by 
Extractive Direct Interface Fourier Transform (FTIR) Spectroscopy''. 
The EPA also amended the Refractory Products Manufacturing NESHAP in 
this action with two new methods: EPA Method 29 (portion for Hg only) 
and alternative method ASTM D6784-16, ``Standard Test Method for 
Elemental, Oxidized, Particle-Bound and Total Mercury in Flue Gas 
Generated from Coal-Fired Stationary Sources (Ontario Hydro Method)''. 
The EPA also added new guidance to the NESHAP: EPA-454/R-98-015, Office 
of Air Quality Planning and Standards (OAQPS), Fabric Filter Bag Leak 
Detection Guidance, September 1997. The methods and guidance will be 
incorporated by reference as described below.
    The EPA is incorporating by reference the VCS ANSI/ASME PTC 19.10-
1981,

[[Page 66062]]

``Flue and Exhaust Gas Analyses.'' This method determines 
quantitatively the gaseous constituents of exhausts resulting from 
stationary combustion sources. The manual procedures (but not 
instrumental procedures) of VCS ANSI/ASME PTC 19.10-1981--Part 10 may 
be used as an alternative to EPA Method 3B for measuring the oxygen or 
carbon dioxide content of the exhaust gas. The gases covered in ANSI/
ASME PTC 19.10-1981 are oxygen, carbon dioxide, carbon monoxide, 
nitrogen, sulfur dioxide, sulfur trioxide, nitric oxide, nitrogen 
dioxide, hydrogen sulfide, and hydrocarbons, however the use in this 
rule is only applicable to oxygen and carbon dioxide and is an 
acceptable alternative to the manual portion only and not the 
instrumental portion.
    The EPA is incorporating by reference the VCS ASTM D6348-12e1, 
``Determination of Gaseous Compounds by Extractive Direct Interface 
Fourier Transform (FTIR) Spectroscopy'' as an acceptable alternative to 
EPA Method 320. ASTM D6348-03(2010) was determined to be equivalent to 
EPA Method 320 with caveats. ASTM D6348-12e1 is a revised version of 
ASTM D6348-03(2010) and includes a new section on accepting the results 
from the direct measurement of a certified spike gas cylinder, but 
lacks the caveats placed on the D6348-03(2010) version. The VCS ASTM 
D6348-12e1 ``Determination of Gaseous Compounds by Extractive Direct 
Interface Fourier Transform (FTIR) Spectroscopy'' is an extractive FTIR 
field test method used to quantify gas phase concentrations of multiple 
analytes from stationary source effluent and is an acceptable 
alternative to EPA Method 320 at this time with caveats requiring 
inclusion of selected annexes to the standard as mandatory. When using 
ASTM D6348-12e1, the following conditions must be met:
    (1) The test plan preparation and implementation in the Annexes to 
ASTM D6348-03, sections A1 through A8 are mandatory; and
    (2) In ASTM D6348-03 Annex A5 (Analyte Spiking Technique), the 
percent (%) R must be determined for each target analyte (Equation 
A5.5).
    In order for the test data to be acceptable for a compound, %R must 
be 70% >= R <= 130%. If the %R value does not meet this criterion for a 
target compound, the test data is not acceptable for that compound and 
the test must be repeated for that analyte (i.e., the sampling and/or 
analytical procedure should be adjusted before a retest). The %R value 
for each compound must be reported in the test report, and all field 
measurements must be corrected with the calculated %R value for that 
compound by using the following equation: Reported Results = ((Measured 
Concentration in Stack))/(%R) x 100.
    The EPA is also incorporating by reference the VCS ASTM D6784-16, 
``Standard Test Method for Elemental, Oxidized, Particle-Bound and 
Total Mercury in Flue Gas Generated from Coal-Fired Stationary Sources 
(Ontario Hydro Method)'' as an acceptable alternative to EPA Method 29 
(portion for Hg only) as a method for measuring elemental, oxidized, 
particle-bound, and total Hg concentrations ranging from approximately 
0.5-100 micrograms per normal cubic meter ([mu]g/Nm\3\). This test 
method describes equipment and procedures for obtaining samples from 
effluent ducts and stacks, equipment and procedures for laboratory 
analysis, and procedures for calculating results. VCS ASTM D6784-16 
allows for additional flexibility in the sampling and analytical 
procedures for the earlier version of the same standard VCS ASTM D6784-
02 (Reapproved 2008).
    The EPA is also incorporating by reference EPA-454/R-98-015, Office 
of Air Quality Planning and Standards (OAQPS), Fabric Filter Bag Leak 
Detection Guidance, September 1997, IBR for 40 CFR 63.9804(f). This 
document provides guidance on the use of triboelectric monitors as 
fabric filter bag leak detectors and includes fabric filter and 
monitoring system descriptions; guidance on monitor selection, 
installation, setup, adjustment, and operation; and quality assurance 
procedures.
    Guidance document EPA-454/R-98-015 and ASTM D6784-16 are available 
electronically through https://www.regulations.gov/ and/or in hard copy 
at the appropriate EPA office (see the ADDRESSES section of this 
preamble for more information). The ANSI/ASME document (ANSI/ASME PTC 
19.10-1981) is available from the American Society of Mechanical 
Engineers (ASME) at http://www.asme.org; by mail at Three Park Avenue, 
New York, NY 10016-5990; or by telephone at (800) 843-2763. The ASTM 
methods are available from ASTM International at https://www.astm.org; 
by mail at 100 Barr Harbor Drive, Post Office Box C700, West 
Conshohocken, PA 19428-2959; or by telephone at (610) 832-9585.

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

    The EPA believes that this action does not have disproportionately 
high and adverse human health or environmental effects on minority 
populations, low-income populations, and/or indigenous peoples, as 
specified in Executive Order 12898 (59 FR 7629, February 16, 1994). The 
documentation for this decision is contained in the technical report 
titled Risk and Technology Review--Analysis of Demographic Factors for 
Populations Living Near Refractory Products Manufacturing Source 
Category Operations, September 2020, available in the Refractory 
Products Manufacturing Docket for this action (Docket Item No. EPA-HQ-
OAR-2020-0148-0007).
    The EPA provided opportunities to engage with the EPA on this 
action. The Agency offered a public hearing and reached out to 
communities in other ways, including meetings to exchange information 
with stakeholders about this action. We did not receive a request for a 
public hearing, and we did not receive feedback regarding EJ during the 
meetings.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule 
report to each House of the Congress and to the Comptroller General of 
the United States. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practice and procedures, 
Air pollution control, Hazardous substances, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping 
requirements.

Michael S. Regan,
Administrator.
    For the reasons set out in the preamble, 40 CFR part 63 is amended 
as follows:

PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 
FOR SOURCE CATEGORIES

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

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

Subpart A--General Provisions

0
2. Section 63.14 is amended by:
0
a. Revising paragraphs (e)(1) and (h)(86);
0
b. Redesignating paragraphs (h)(104) through (118) as paragraphs 
(h)(105) through (119);
0
c. Adding new paragraph (h)(104); and
0
d. Revising paragraph (n)(4).

[[Page 66063]]

    The revisions and additions read as follows:


Sec.  63.14  Incorporations by reference.

* * * * *
    (e) * * *
    (1) ANSI/ASME PTC 19.10-1981, Flue and Exhaust Gas Analyses [Part 
10, Instruments and Apparatus], issued August 31, 1981, IBR approved 
for Sec. Sec.  63.309(k), 63.457(k), 63.772(e) and (h), 63.865(b), 
63.997(e), 63.1282(d) and (g), and 63.1625(b), table 5 to subpart EEEE, 
Sec. Sec.  63.3166(a), 63.3360(e), 63.3545(a), 63.3555(a), 63.4166(a), 
63.4362(a), 63.4766(a), 63.4965(a), and 63.5160(d), table 4 to subpart 
UUUU, table 3 to subpart YYYY, Sec. Sec.  63.7822(b), 63.7824(e), 
63.7825(b), 63.8000(d), 63.9307(c), 63.9323(a), 63.9621(b) and (c), 
63.11148(e), 63.11155(e), 63.11162(f), 63.11163(g), 63.11410(j), 
63.11551(a), 63.11646(a), and 63.11945, and table 4 to subpart AAAAA, 
table 5 to subpart DDDDD, table 4 to subpart JJJJJ, table 4 to subpart 
KKKKK, table 4 to subpart SSSSS, tables 4 and 5 of subpart UUUUU, table 
1 to subpart ZZZZZ, and table 4 to subpart JJJJJJ.
* * * * *
    (h) * * *
    (86) ASTM D6348-12e1, Standard Test Method for Determination of 
Gaseous Compounds by Extractive Direct Interface Fourier Transform 
Infrared (FTIR) Spectroscopy, Approved February 1, 2012, IBR approved 
for Sec. Sec.  63.997(e), 63.1571(a), and 63.2354(b), table 5 to 
subpart EEEE, table 4 to subpart UUUU, Sec. Sec.  63.7142(a) and (b) 
and 63.8000(d), and table 4 to subpart SSSSS.
* * * * *
    (104) ASTM D6784-16, Standard Test Method for Elemental, Oxidized, 
Particle-Bound and Total Mercury in Flue Gas Generated from Coal-Fired 
Stationary Sources (Ontario Hydro Method), Approved March 1, 2016, IBR 
approved for table 4 to subpart SSSSS.
* * * * *
    (n) * * *
    (4) EPA-454/R-98-015, Office of Air Quality Planning and Standards 
(OAQPS), Fabric Filter Bag Leak Detection Guidance, September 1997, 
https://nepis.epa.gov/Exe/ZyPDF.cgi?Dockey=2000D5T6.PDF, IBR approved 
for Sec. Sec.  63.548(e), 63.864(e), 63.7525(j), 63.8450(e), 
63.8600(e), 63.9632(a), 63.9804(f), and 63.11224(f).
* * * * *

Subpart SSSSS--National Emission Standards for Hazardous Air 
Pollutants for Refractory Products Manufacturing

0
3. Section 63.9786 is amended by revising paragraphs (a), (b), and 
(d)(2) to read as follows:


Sec.  63.9786   When do I have to comply with this subpart?

    (a) If you have a new or reconstructed affected source, you must 
comply with this subpart according to paragraphs (a)(1) and (2) of this 
section.
    (1) If the initial startup of your affected source is before April 
16, 2003, then you must comply with the emission limitations for new 
and reconstructed sources in this subpart no later than April 16, 2003, 
except as otherwise specified in Sec. Sec.  63.9792, 63.9812(c) and 
(e), and 63.9814(b)(6) and Tables 1 through 11 to this subpart.
    (2) If the initial startup of your affected source is after April 
16, 2003, then you must comply with the emission limitations for new 
and reconstructed sources in this subpart upon initial startup of your 
affected source, except as otherwise specified in Sec. Sec.  63.9792, 
63.9812(c) and (e), and 63.9814(b)(6) and Tables 1 through 11 to this 
subpart.
    (b) If you have an existing affected source, you must comply with 
the emission limitations for existing sources no later than April 17, 
2006, except as otherwise specified in Sec. Sec.  63.9792, 63.9812(c) 
and (e), and 63.9814(b)(6) and Tables 1 through 11 to this subpart.
* * * * *
    (d) * * *
    (2) All other parts of the existing facility must be in compliance 
with this subpart by 3 years after the date the area source becomes a 
major source, except as otherwise specified in Sec. Sec.  63.9792, 
63.9812(c) and (e), and 63.9814(b)(6) and Tables 1 through 11 to this 
subpart.
* * * * *

0
4. Section 63.9792 is amended by revising paragraph (a) introductory 
text, paragraphs (b) and (c), paragraph (e) introductory text, and 
paragraphs (e)(2) and (3) to read as follows:


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

    (a) You must be in compliance with the emission limitations 
(including operating limits and work practice standards) in this 
subpart at all times, except during periods specified in paragraphs 
(a)(1) and (2) of this section before May 19, 2022. You must be in 
compliance with the emission limitations (including operating limits 
and work practice standards) in this subpart at all times, on or after 
May 19, 2022.
* * * * *
    (b) Except as specified in paragraph (e) of this section, before 
May 19, 2022, you must always operate and maintain your affected 
source, including air pollution control and monitoring equipment, 
according to the provisions in Sec.  63.6(e)(1)(i). During the period 
between the compliance date specified for your affected source in Sec.  
63.9786 and the date upon which continuous monitoring systems have been 
installed and validated and any applicable operating limits have been 
established, you must maintain a log detailing the operation and 
maintenance of the process and emissions control equipment. On and 
after May 19, 2022, at all times, you must operate and maintain any 
affected source, including associated air pollution control equipment 
and monitoring equipment, in a manner consistent with safety and good 
air pollution control practices for minimizing emissions. The general 
duty to minimize emissions does not require you to make any further 
efforts to reduce emissions if levels required by the applicable 
standard have been achieved. Determination of whether a source is 
operating in compliance with operation and maintenance requirements 
will be based on information available to the Administrator that may 
include, but is not limited to, monitoring results, review of operation 
and maintenance procedures, review of operation and maintenance 
records, and inspection of the affected source.
    (c) Before May 19, 2022, you must develop a written startup, 
shutdown, and malfunction plan (SSMP) according to the provisions in 
Sec.  63.6(e)(3). On or after May 19, 2022, you are not required to 
develop a written SSMP according to the provisions in Sec.  63.6(e)(3).
* * * * *
    (e) If you own or operate an affected continuous kiln used to 
manufacture refractory products that use organic HAP and you must 
perform scheduled maintenance on the THC control device for that kiln, 
you may bypass the kiln THC control device and continue operating the 
kiln subject to the alternative standard established in this paragraph 
upon approval by the Administrator, provided you satisfy the conditions 
listed in paragraphs (e)(1) through (3) of this section.
* * * * *
    (2) Before May 19, 2022, you must minimize HAP emissions during the 
period when the kiln is operating, and the control device is out of 
service. On

[[Page 66064]]

and after May 19, 2022, you must minimize HAP emissions during the 
period when the kiln is operating and the control device is out of 
service by complying with the applicable standard in Table 3 to this 
subpart.
    (3) You must minimize the time period during which the kiln is 
operating and the control device is out of service. On and after May 
19, 2022, the total time during which the kiln is operating and the 
control device is out of service for each year on a 12-month rolling 
basis must not exceed 750 hours.
* * * * *

0
5. Section 63.9794 is amended by revising paragraphs (a)(7), (8), (12), 
and (13) and paragraph (b)(2) to read as follows:


Sec.  63.9794   What do I need to know about operation, maintenance, 
and monitoring plans?

    (a) * * *
    (7) Before May 19, 2022, procedures for the proper operation and 
maintenance of monitoring equipment consistent with the requirements in 
Sec. Sec.  63.8(c)(1), (3), (4)(ii), (7), and (8), and 63.9804. On or 
after May 19, 2022, procedures for the proper operation and maintenance 
of monitoring equipment consistent with the requirements in Sec. Sec.  
63.8(c)(3), (4)(ii), (7), and (8), and 63.9804.
    (8) Before May 19, 2022, ongoing data quality assurance procedures 
in accordance with the general requirements of Sec.  63.8(d). On or 
after May 19, 2022, ongoing data quality assurance procedures 
consistent with the requirements in Sec.  63.8(d)(1) and (2). You must 
keep these written procedures on record for the life of the affected 
source or until the affected source is no longer subject to the 
provisions of this part, to be made available for inspection, upon 
request, by the Administrator. If the performance evaluation plan in 
Sec.  63.8(d)(2) is revised, you must keep previous (i.e., superseded) 
versions of the performance evaluation plan on record to be made 
available for inspection, upon request, by the Administrator, for a 
period of 5 years after each revision to the plan. The program of 
corrective action should be included in the plan required under Sec.  
63.8(d)(2).
* * * * *
    (12) Before Novermber 19, 2021, if you operate a kiln that is 
subject to the limits on the type of fuel used, as specified in items 3 
and 4 of Table 3 to subpart SSSSS, procedures for using alternative 
fuels. On and after Novermber 19, 2021, you may not use a fuel other 
than natural gas or equivalent to fire the affected kiln.
    (13) If you operate an affected continuous kiln used to manufacture 
refractory products that use organic HAP and you plan to take the kiln 
THC control device out of service for scheduled maintenance, as 
specified in Sec.  63.9792(e), the procedures specified in paragraphs 
(a)(13)(i) and (ii) of this section.
    (i) Procedures for minimizing HAP emissions from the kiln during 
periods of scheduled maintenance of the kiln control device when the 
kiln is operating and the control device is out of service. On or after 
May 19, 2022, document the average organic HAP processing rate for that 
kiln (i.e., the average organic HAP processing rate based on (a) the 
actual production on a 6-month rolling basis (not to include periods of 
kiln shut down) or (b) the HAP processing rate (lb/hr) that coincides 
with the lowest hour of the most recent 3-hour performance test, 
whichever is lower), the mass fraction of organic HAP in the resins, 
binders, and additives for each product manufactured in the kiln and 
procedures for ensuring that the actual organic HAP processing rate on 
an hourly basis does not exceed the average organic HAP processing 
rate.
    (ii) Procedures for minimizing any period of scheduled maintenance 
on the kiln control device when the kiln is operating and the control 
device is out of service. On or after May 19, 2022, procedures for 
ensuring that the total time during which the kiln is operating and the 
control device is out of service does not exceed 750 hours for each 
year on a 12-month rolling basis.
    (b) * * *
    (2) After completing the performance tests to demonstrate that 
compliance with the emission limits can be achieved at the revised 
operating limit parameter value, you must submit the summary of the 
performance test results and the revised operating limits as part of 
the Notification of Compliance Status required under Sec.  63.9(h) and 
the complete test report according to Sec.  63.9814(h).
* * * * *

0
6. Section 63.9800 is amended by revising paragraphs (c) and (d) and 
paragraph (g) introductory text and adding paragraph (g)(4) to read as 
follows:


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

* * * * *
    (c) Before May 19, 2022, each performance test must be conducted 
according to the requirements in Sec.  63.7 and under the specific 
conditions in Table 4 to this subpart. On or after May 19, 2022, each 
performance test must be conducted under the specific conditions in 
Table 4 to this subpart.
    (d) Before May 19, 2022, you may not conduct performance tests 
during periods of startup, shutdown, or malfunction, as specified in 
Sec.  63.7(e)(1). On or after May 19, 2022, you may not conduct 
performance tests during periods of malfunction. You also may not 
conduct performance tests during periods of startup or shutdown. You 
must record the process information that is necessary to document 
operating conditions during the test and include in such record an 
explanation to support that such conditions represent normal operation. 
You must make available to the Administrator such records as may be 
necessary to determine the conditions of performance tests.
* * * * *
    (g) You must use the data gathered during the performance test and 
the equations in paragraphs (g)(1) through (4) of this section to 
determine compliance with the emission limitations.
* * * * *
    (4) To determine compliance with the Hg emission concentration 
limit listed in Table 1 to this subpart, you must calculate your 
emission concentration corrected to 18 percent oxygen for each test run 
using Equation 4 of this section:
[GRAPHIC] [TIFF OMITTED] TR19NO21.573

Where:

CHg-C = Hg concentration, corrected to 18 percent oxygen, 
micrograms per dry standard cubic meters ([micro]g/dscm)
CHg = Hg concentration (uncorrected), [micro]g/dscm

[[Page 66065]]

CO2 = oxygen concentration, percent.
* * * * *

0
7. Section 63.9804 is amended by revising paragraphs (a)(13), (e)(1), 
and (f)(1) to read as follows:


Sec.  63.9804   What are my monitoring system installation, operation, 
and maintenance requirements?

    (a) * * *
    (13) At all times, you must maintain your CPMS in accordance with 
Sec.  63.9792(b), including, but not limited to, keeping the necessary 
parts readily available for routine repairs of the CPMS.
* * * * *
    (e) * * *
    (1) Use a pH CPMS with a minimum accuracy of 0.2 pH 
units.
* * * * *
    (f) * * *
    (1) Each triboelectric bag leak detection system must be installed, 
calibrated, operated, and maintained according to the ``Fabric Filter 
Bag Leak Detection Guidance'' (EPA-454/R-98-015, September 1997) 
(incorporated by reference, see Sec.  63.14). Other types of bag leak 
detection systems must be installed, operated, calibrated, and 
maintained in a manner consistent with the manufacturer's written 
specifications and recommendations.
* * * * *

0
8. Section 63.9806 is amended by revising paragraph (d) to read as 
follows:


Sec.  63.9806   How do I demonstrate initial compliance with the 
emission limits, operating limits, and work practice standards?

* * * * *
    (d) You must submit the Notification of Compliance Status 
containing the results of the initial compliance demonstration 
according to the requirements in Sec.  63.9812(e). After Novermber 19, 
2021 for affected sources that commence construction or reconstruction 
after January 14, 2021, and on and after May 19, 2022 for all other 
affected sources, you must submit the Notification of Compliance Status 
containing the results of the initial compliance demonstration 
according to the requirements in Sec.  63.9812(e) and 63.9814(j).

0
9. Section 63.9808 is amended by revising paragraph (b) to read as 
follows:


Sec.  63.9808   How do I monitor and collect data to demonstrate 
continuous compliance?

* * * * *
    (b) At all times, you must maintain your monitoring systems in 
accordance with Sec.  63.9792(b), including, but not limited to, 
keeping the necessary parts readily available for routine repairs of 
the monitoring equipment.
* * * * *

0
10. Section 63.9810 is amended by revising paragraph (e) and adding 
paragraph (f) to read as follows:


Sec.  63.9810   How do I demonstrate continuous compliance with the 
emission limits, operating limits, and work practice standards?

* * * * *
    (e) Before May 19, 2022, you must report each instance in which you 
did not meet each emission limit and each operating limit in this 
subpart that applies to you. This includes periods of SSM. These 
instances are deviations from the emission limitations in this subpart. 
These deviations must be reported according to the requirements in 
Sec.  63.9814. On or after May 19, 2022, you must report each instance 
in which you did not meet each emission limit and each operating limit 
in this subpart that applies to you. These instances are deviations 
from the emission limitations in this subpart. These deviations must be 
reported according to the requirements in Sec.  63.9814.
    (1) [Reserved]
    (2) Before May 19, 2022, consistent with Sec. Sec.  63.6(e) and 
63.7(e)(1), deviations that occur during a period of startup, shutdown, 
or malfunction are not violations if you demonstrate to the 
Administrator's satisfaction that you were operating in accordance with 
Sec.  63.6(e)(1) and your OM&M plan. The Administrator will determine 
whether deviations that occur during a period of startup, shutdown, or 
malfunction are violations, according to the provisions in Sec.  
63.6(e). On or after May 19, 2022, consistent with Sec. Sec.  
63.9792(b) and 63.9800(d), deviations are not violations if you 
demonstrate to the Administrator's satisfaction that you were operating 
in accordance with Sec.  63.9792(b) and your OM&M plan. The 
Administrator will determine whether deviations are violations, 
according to the provisions in Sec.  63.9792(b).
    (f) You must demonstrate continuous compliance with the operating 
limits in Table 2 to this subpart for visible emissions (VE) from clay 
refractory products kilns that are uncontrolled or equipped with DLA, 
dry lime injection fabric filter (DIFF), dry lime scrubber/fabric 
filter (DLS/FF) or other dry control device as described in paragraph 
(f)(1) or (2) of this section.
    (1) VE testing. Monitoring VE at each kiln stack according to the 
requirements in paragraphs (f)(1)(i) through (v) of this section.
    (i) Perform daily VE observations of each kiln stack according to 
the procedures of EPA Method 22 of 40 CFR part 60, appendix A-7. You 
must conduct the EPA Method 22 test while the affected source is 
operating under normal conditions. The duration of each EPA Method 22 
test must be at least 15 minutes.
    (ii) If VE are observed during any daily test conducted using EPA 
Method 22 of 40 CFR part 60, appendix A-7, you must promptly conduct an 
opacity test, according to the procedures of EPA Method 9 of 40 CFR 
part 60, appendix A-4. If opacity greater than 10 percent is observed, 
you must initiate and complete corrective actions according to your 
OM&M plan.
    (iii) You may decrease the frequency of EPA Method 22 testing from 
daily to weekly for a kiln stack if one of the conditions in paragraph 
(f)(1)(iii)(A) or (B) of this section is met.
    (A) No VE are observed in 30 consecutive daily EPA Method 22 tests 
for any kiln stack; or
    (B) No opacity greater than 10 percent is observed during any of 
the EPA Method 9 tests for any kiln stack.
    (iv) If VE are observed during any weekly test and opacity greater 
than 10 percent is observed in the subsequent EPA Method 9 test, you 
must promptly initiate and complete corrective actions according to 
your OM&M plan, resume testing of that kiln stack following EPA Method 
22 of 40 CFR part 60, appendix A-7, on a daily basis, as described in 
paragraph (f)(1)(i) of this section, and maintain that schedule until 
one of the conditions in paragraph (f)(1)(iii)(A) or (B) of this 
section is met, at which time you may again decrease the frequency of 
EPA Method 22 testing to a weekly basis.
    (v) If greater than 10 percent opacity is observed during any test 
conducted using EPA Method 9 of 40 CFR part 60, appendix A-4, you must 
report these deviations by following the requirements in Sec.  63.9814.
    (2) Alternative to VE testing. In lieu of meeting the requirements 
under paragraph (f)(1) of this section, you may conduct a PM test at 
least once every year following the initial performance test, according 
to the procedures of EPA Method 5 of 40 CFR part 60, appendix A-3, and 
the provisions of Sec.  63.9800(e) and (f).

0
11. Section 63.9812 is amended by revising paragraphs (b) and (c), 
paragraph (e) introductory text, paragraph (e)(1), paragraph (f) 
introductory text, and paragraph (g) to read as follows:

[[Page 66066]]

Sec.  63.9812   What notifications must I submit and when?

* * * * *
    (b) As specified in Sec.  63.9(b)(2) and (3), if you start up your 
affected source before April 16, 2003, you must submit an Initial 
Notification not later than 120 calendar days after April 16, 2003, or 
no later than 120 days after the source becomes subject to this 
subpart, whichever is later.
    (c) As specified in Sec.  63.9(b)(3), if you start up your new or 
reconstructed affected source on or after April 16, 2003, you must 
submit an Initial Notification not later than 120 calendar days after 
you become subject to this subpart. Initial Notifications required to 
be submitted after November 19, 2021 for affected sources that commence 
construction or reconstruction after January 14, 2021, and on and after 
May 19, 2022 for all other affected sources submitting initial 
notifications required in Sec.  63.9(b) must be submitted following the 
procedure specified in Sec.  63.9814(h) through (l).
* * * * *
    (e) If you are required to conduct a performance test, you must 
submit a Notification of Compliance Status as specified in Sec.  
63.9(h) and paragraphs (e)(1) and (2) of this section. After November 
19, 2021 for affected sources that commence construction or 
reconstruction after January 14, 2021, and on and after May 19, 2022 
for all other affected sources, submit all subsequent Notifications of 
Compliance Status following the procedure specified in Sec.  63.9814(h) 
through (l).
    (1) For each compliance demonstration that includes a performance 
test conducted according to the requirements in Table 4 to this 
subpart, you must submit the Notification of Compliance Status, 
including the summary of the performance test results, before the close 
of business on the 60th calendar day following the completion of the 
performance test.
* * * * *
    (f) Before November 19, 2021, if you operate a clay refractory 
products kiln or a chromium refractory products kiln that is subject to 
the work practice standard specified in item 3 or 4 of Table 3 to this 
subpart, and you intend to use a fuel other than natural gas or 
equivalent to fire the affected kiln, you must submit a notification of 
alternative fuel use within 48 hours of the declaration of a period of 
natural gas curtailment or supply interruption, as defined in Sec.  
63.9824. The notification must include the information specified in 
paragraphs (f)(1) through (5) of this section. On and after November 
19, 2021, you may not use a fuel other than natural gas or equivalent 
to fire the affected kiln.
* * * * *
    (g) If you own or operate an affected continuous kiln used to 
manufacture refractory products that use organic HAP and must perform 
scheduled maintenance on the THC control device for that kiln, you must 
request approval from the Administrator before bypassing the control 
device, as specified in Sec.  63.9792(e). You must submit a separate 
request for approval each time you plan to bypass the kiln control 
device.

0
12. Section 63.9814 is amended by:
0
a. Revising paragraph (c) introductory text and paragraph (c)(4);
0
b. Adding paragraph (c)(7);
0
c. Revising paragraphs (d) and (e) and paragraph (g) introductory text; 
and
0
d. Adding paragraphs (h) through (l).
    The revisions and additions read as follows:


Sec.  63.9814   What reports must I submit and when?

* * * * *
    (c) The compliance report must contain the information in 
paragraphs (c)(1) through (7) of this section.
* * * * *
    (4) Before May 19, 2022, if you had a startup, shutdown, or 
malfunction during the reporting period, and you took actions 
consistent with your SSMP and OM&M plan, the compliance report must 
include the information specified in Sec.  63.10(d)(5)(i). On or after 
May 19, 2022, if you had a deviation from any emission limitations 
(emission limit, operating limit, or work practice standard) during the 
reporting period that apply to you, and you took actions consistent 
with your OM&M plan, the compliance report must include the information 
specified in (d) and (e) of this section.
* * * * *
    (7) For each period when an affected continuous kiln used to 
manufacture refractory products that use organic HAP was operating 
while the THC control device was out of service, the compliance report 
must include a description of the control device maintenance performed, 
including the information specified in paragraphs (c)(7)(i) through 
(vi) of this section.
    (i) The date and time when the control device was shut down and 
restarted.
    (ii) Identification of the kiln that was operating and the number 
of hours that the kiln operated while the control device was out of 
service.
    (iii) A statement of whether or not the control device maintenance 
was included in your approved request to bypass the control device 
while scheduled maintenance is performed, developed as specified in 
Sec.  63.9792(e).
    (iv) Before May 19, 2022, a statement of whether emissions were 
minimized while the control device was out of service in accordance 
with your OM&M plan. After May 19, 2022, a statement of whether 
emissions were minimized while the control device was out of service in 
accordance with your OM&M plan and the information specified in 
paragraphs (c)(7)(iv)(A) through (C) of this section.
    (A) The average organic HAP processing rate based on actual 
production on a 6-month rolling basis (not to include periods of kiln 
shut down) or the lowest hourly organic HAP processing rate from the 
most recent performance test on that kiln, whichever is lower.
    (B) The actual hourly organic HAP processing rate for the kiln 
while the control device was out of service.
    (C) The amount of product manufactured and the mass of organic HAP 
in the product manufactured in the kiln while the control device was 
out of service.
    (v) After May 19, 2022, an estimate of the THC emissions from the 
continuous kiln stack while the control device was out of service.
    (vi) After May 19, 2022, the total number of hours that the kiln 
has operated while the control device was out of service during the 
last year on a 12-month rolling basis.
    (d) Before May 19, 2022, for each deviation from an emission 
limitation (emission limit, operating limit, or work practice standard) 
that occurs at an affected source where you are not using a CPMS to 
comply with the emission limitations in this subpart, the compliance 
report must contain the information in paragraphs (c)(1) through (4) 
and (d)(1) and (2) of this section. This includes periods of SSM. On or 
after May 19, 2022, for each deviation from an emission limitation 
(emission limit, operating limit, or work practice standard) that 
occurs at an affected source where you are not using a CPMS to comply 
with the emission limitations in this subpart, the compliance report 
must contain the information in paragraphs (c)(1) through (4) and 
(d)(1) through (3) of this section.
    (1) The compliance report must include the total operating time of 
each affected source during the reporting period.
    (2) The compliance report must include information on the number,

[[Page 66067]]

duration in hours, and cause of deviations (including unknown cause, if 
applicable) and the corrective action taken.
    (3) The compliance report must include the date and time of each 
deviation, a list of the affected sources or equipment, and an estimate 
of each regulated pollutant emitted over the emission limit and a 
description of the method used to estimate the emissions.
    (e) Before May 19, 2022, for each deviation from an emission 
limitation (emission limit, operating limit, or work practice standard) 
occurring at an affected source where you are using a CPMS to comply 
with the emission limitation in this subpart, the compliance report 
must include the information in paragraphs (c)(1) through (4) and 
(e)(1) through (13) of this section. This includes periods of SSM. On 
or after May 19, 2022, for each deviation from an emission limitation 
(emission limit, operating limit, or work practice standard) occurring 
at an affected source where you are using a CPMS to comply with the 
emission limitation in this subpart, the compliance report must include 
the information in paragraphs (c)(1) through (4) and (e)(1) through 
(13) of this section.
    (1) The total operating time of each affected source during the 
reporting period.
    (2) Before May 19, 2022, the date and time that each startup, 
shutdown, or malfunction started and stopped. On or after May 19, 2022, 
the date and time that each startup, shutdown, or malfunction started 
and stopped is not required.
    (3) The date, time, and duration in hours that each CPMS was 
inoperative.
    (4) The date, time and duration in hours that each CPMS was out of 
control, including the information in Sec.  63.8(c)(8), as required by 
your OM&M plan.
    (5) Before May 19, 2022, the date and time that each deviation from 
an emission limitation (emission limit, operating limit, or work 
practice standard) started and stopped, and whether each deviation 
occurred during a period of startup, shutdown, or malfunction. On or 
after May 19, 2022, for each deviation from an emission limitation 
(emission limit, operating limit, or work practice standard), the date 
and time that each deviation started and stopped, the duration in 
hours, a list of the affected sources or equipment, an estimate of each 
regulated pollutant emitted over the emission limit, and a description 
of the method used to estimate the emissions.
    (6) A description of corrective action taken in response to a 
deviation.
    (7) The total number of deviations during the reporting period, a 
summary of the total duration in hours of the deviations during the 
reporting period, and the total duration as a percentage of the total 
source operating time during that reporting period.
    (8) Before May 19, 2022, a breakdown of the total duration of the 
deviations during the reporting period into those that are due to 
startup, shutdown, control equipment problems, process problems, other 
known causes, and other unknown causes. On or after May 19, 2022, a 
breakdown of the total duration of the deviations during the reporting 
period into those that are due to control equipment problems, process 
problems, other known causes, and other unknown causes.
    (9) A summary of the total duration in hours of CPMS downtime 
during the reporting period and the total duration of CPMS downtime as 
a percentage of the total source operating time during that reporting 
period.
    (10) A brief description of the process units.
    (11) A brief description of the CPMS.
    (12) The date of the latest CPMS initial validation or accuracy 
audit.
    (13) A description of any changes in CPMS, processes, or controls 
since the last reporting period.
* * * * *
    (g) Before November 19, 2021, if you operate a clay refractory 
products kiln or a chromium refractory products kiln that is subject to 
the work practice standard specified in item 3 or 4 of Table 3 to this 
subpart, and you use a fuel other than natural gas or equivalent to 
fire the affected kiln, you must submit a report of alternative fuel 
use within 10 working days after terminating the use of the alternative 
fuel. The report must include the information in paragraphs (g)(1) 
through (6) of this section. On and after November 19, 2021, you may 
not use a fuel other than natural gas or equivalent to fire the 
affected kiln.
* * * * *
    (h) Beginning on May 19, 2022, within 60 days after the date of 
completing each performance test required by this subpart, you must 
submit the results of the performance test following the procedures 
specified in paragraphs (h)(1) through (3) of this section.
    (1) Data collected using test methods supported by the EPA's 
Electronic Reporting Tool (ERT) as listed on the EPA's ERT website 
(https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert) at the time of the test. Submit the results of the 
performance test to the EPA via the Compliance and Emissions Data 
Reporting Interface (CEDRI), which can be accessed through the EPA's 
CDX (https://cdx.epa.gov/). The data must be submitted in a file format 
generated using the EPA's ERT. Alternatively, you may submit an 
electronic file consistent with the extensible markup language (XML) 
schema listed on the EPA's ERT website.
    (2) Data collected using test methods that are not supported by the 
EPA's ERT as listed on the EPA's ERT website at the time of the test. 
The results of the performance test must be included as an attachment 
in the ERT or an alternate electronic file consistent with the XML 
schema listed on the EPA's ERT website. Submit the ERT generated 
package or alternative file to the EPA via CEDRI.
    (3) Confidential business information (CBI). Do not use CEDRI to 
submit information you claim as CBI. Anything submitted using CEDRI 
cannot later be claimed CBI. Although we do not expect persons to 
assert a claim of CBI, if you wish to assert a CBI claim for some of 
the information submitted under paragraph (h)(1) or (2) of this 
section, you must submit a complete file, including information claimed 
to be CBI, to the EPA. The file must be generated using the EPA's ERT 
or an alternate electronic file consistent with the XML schema listed 
on the EPA's ERT website. Submit the file on a compact disc, flash 
drive, or other commonly used electronic storage medium and clearly 
mark the medium as CBI. Mail the electronic medium to U.S. EPA/OAPQS/
CORE CBI Office, Attention: Group Leader, Measurement Policy Group, MD 
C404-02, 4930 Old Page Rd., Durham, NC 27703. The same file with the 
CBI omitted must be submitted to the EPA via the EPA's CDX as described 
in paragraphs (h)(1) and (2) of this section. All CBI claims must be 
asserted at the time of submission. Furthermore, under CAA section 
114(c), emissions data is not entitled to confidential treatment, and 
the EPA is required to make emissions data available to the public. 
Thus, emissions data will not be protected as CBI and will be made 
publicly available.
    (i) Beginning on May 19, 2022, within 60 days after the date of 
completing each continuous emissions monitoring system (CEMS) 
performance evaluation (as defined in Sec.  63.2), you must submit the 
results of the performance evaluation following the procedures 
specified in paragraphs (i)(1) through (3) of this section.

[[Page 66068]]

    (1) Performance evaluations of CEMS measuring relative accuracy 
test audit (RATA) pollutants that are supported by the EPA's ERT as 
listed on the EPA's ERT website at the time of the evaluation. Submit 
the results of the performance evaluation to the EPA via CEDRI, which 
can be accessed through the EPA's CDX. The data must be submitted in a 
file format generated using the EPA's ERT. Alternatively, you may 
submit an electronic file consistent with the XML schema listed on the 
EPA's ERT website.
    (2) Performance evaluations of CEMS measuring RATA pollutants that 
are not supported by the EPA's ERT as listed on the EPA's ERT website 
at the time of the evaluation. The results of the performance 
evaluation must be included as an attachment in the ERT or an alternate 
electronic file consistent with the XML schema listed on the EPA's ERT 
website. Submit the ERT generated package or alternative file to the 
EPA via CEDRI.
    (3) CBI. Do not use CEDRI to submit information you claim as CBI. 
Anything submitted using CEDRI cannot later be claimed CBI. Although we 
do not expect persons to assert a claim of CBI, if you wish to assert a 
CBI claim for some of the information submitted under paragraph (i)(1) 
or (2) of this section, you must submit a complete file, including 
information claimed to be CBI, to the EPA. The file must be generated 
using the EPA's ERT or an alternate electronic file consistent with the 
XML schema listed on the EPA's ERT website. Submit the file on a 
compact disc, flash drive, or other commonly used electronic storage 
medium and clearly mark the medium as CBI. Mail the electronic medium 
to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group Leader, Measurement 
Policy Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same 
file with the CBI omitted must be submitted to the EPA via the EPA's 
CDX as described in paragraphs (h)(1) and (2) of this section. All CBI 
claims must be asserted at the time of submission. Furthermore, under 
CAA section 114(c), emissions data is not entitled to confidential 
treatment, and the EPA is required to make emissions data available to 
the public. Thus, emissions data will not be protected as CBI and will 
be made publicly available.
    (j) Beginning May 19, 2022, you must submit all subsequent 
Notification of Compliance Status reports in PDF format to the EPA via 
CEDRI, which can be accessed through EPA's CDX (https://cdx.epa.gov/
).The EPA will make all the information submitted through CEDRI 
available to the public without further notice to you. Do not use CEDRI 
to submit information you claim as CBI. Anything submitted using CEDRI 
cannot later be claimed CBI. Although we do not expect persons to 
assert a claim of CBI, if you wish to assert a CBI claim, submit a 
complete report, including information claimed to be CBI, to the EPA. 
Submit the file on a compact disc, flash drive, or other commonly used 
electronic storage medium and clearly mark the medium as CBI. Mail the 
electronic medium to U.S. EPA/OAQPS/CORE CBI Office, Attention: 
Refractory Lead MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The 
same file with the CBI omitted must be submitted to the EPA via the 
EPA's CDX as described earlier in this paragraph (j). All CBI claims 
must be asserted at the time of submission. Furthermore, under CAA 
section 114(c), emissions data is not entitled to confidential 
treatment, and the EPA is required to make emissions data available to 
the public. Thus, emissions data will not be protected as CBI and will 
be made publicly available.
    (k) If you are required to electronically submit a report through 
CEDRI in the EPA's CDX, you may assert a claim of EPA system outage for 
failure to timely comply with that reporting requirement. To assert a 
claim of EPA system outage, you must meet the requirements outlined in 
paragraphs (k)(1) through (7) of this section.
    (1) You must have been or will be precluded from accessing CEDRI 
and submitting a required report within the time prescribed due to an 
outage of either the EPA's CEDRI or CDX systems.
    (2) The outage must have occurred within the period of time 
beginning five business days prior to the date that the submission is 
due.
    (3) The outage may be planned or unplanned.
    (4) You must submit notification to the Administrator in writing as 
soon as possible following the date you first knew, or through due 
diligence should have known, that the event may cause or has caused a 
delay in reporting.
    (5) You must provide to the Administrator a written description 
identifying:
    (i) The date(s) and time(s) when CDX or CEDRI was accessed and the 
system was unavailable;
    (ii) A rationale for attributing the delay in reporting beyond the 
regulatory deadline to EPA system outage;
    (iii) A description of measures taken or to be taken to minimize 
the delay in reporting; and
    (iv) The date by which you propose to report, or if you have 
already met the reporting requirement at the time of the notification, 
the date you reported.
    (6) The decision to accept the claim of EPA system outage and allow 
an extension to the reporting deadline is solely within the discretion 
of the Administrator.
    (7) In any circumstance, the report must be submitted 
electronically as soon as possible after the outage is resolved.
    (l) If you are required to electronically submit a report through 
CEDRI in the EPA's CDX, you may assert a claim of force majeure for 
failure to timely comply with that reporting requirement. To assert a 
claim of force majeure, you must meet the requirements outlined in 
paragraphs (l)(1) through (5) of this section.
    (1) You may submit a claim if a force majeure event is about to 
occur, occurs, or has occurred or there are lingering effects from such 
an event within the period of time beginning five business days prior 
to the date the submission is due. For the purposes of this section, a 
force majeure event is defined as an event that will be or has been 
caused by circumstances beyond the control of the affected facility, 
its contractors, or any entity controlled by the affected facility that 
prevents you from complying with the requirement to submit a report 
electronically within the time period prescribed. Examples of such 
events are acts of nature (e.g., hurricanes, earthquakes, or floods), 
acts of war or terrorism, or equipment failure or safety hazard beyond 
the control of the affected facility (e.g., large scale power outage).
    (2) You must submit notification to the Administrator in writing as 
soon as possible following the date you first knew, or through due 
diligence should have known, that the event may cause or has caused a 
delay in reporting.
    (3) You must provide to the Administrator:
    (i) A written description of the force majeure event;
    (ii) A rationale for attributing the delay in reporting beyond the 
regulatory deadline to the force majeure event;
    (iii) A description of measures taken or to be taken to minimize 
the delay in reporting; and
    (iv) The date by which you propose to report, or if you have 
already met the reporting requirement at the time of the notification, 
the date you reported.
    (4) The decision to accept the claim of force majeure and allow an 
extension to the reporting deadline is solely within the discretion of 
the Administrator.
    (5) In any circumstance, the reporting must occur as soon as 
possible after the force majeure event occurs.

[[Page 66069]]


0
13. Section 63.9816 is amended by revising paragraph (a)(2) and 
paragraphs (c)(5), (8), and (10) to read as follows:


Sec.  63.9816   What records must I keep?

    (a) * * *
    (2) Before May 19, 2022, the records in Sec.  63.6(e)(3)(iii) 
through (v) related SSM.
* * * * *
    (c) * * *
    (5) For each deviation of an operating limit parameter value, 
record the information in paragraphs (c)(5)(i) through (iv) of this 
section.
    (i) The date, time, and duration in hours of the deviation.
    (ii) On or after May 19, 2022, a list of the affected sources or 
equipment.
    (iii) On or after May 19, 2022, an estimate of the quantity in 
pounds of each regulated pollutant over any emission limit and a 
description of the method used to estimate emissions.
    (iv) Actions taken to minimize emissions in accordance with Sec.  
63.9792(b), a brief explanation of the cause of the deviation, and the 
corrective action taken to return the affected unit to its normal or 
usual manner of operation.
* * * * *
    (8) Records of maintenance activities and inspections performed on 
control devices, including all records associated with the scheduled 
maintenance of the THC control devices on continuous kilns used to 
manufacture refractory products that use organic HAP, as specified in 
Sec.  63.9792(e).
* * * * *
    (10) Current copies of the OM&M plan, including any revisions and 
records documenting conformance with those revisions.

0
14. Section 63.9820 is revised to read as follows:


Sec.  63.9820   What parts of the General Provisions apply to me?

    Table 11 to this subpart shows which parts of the General 
Provisions specified in Sec. Sec.  63.1 through 63.16 apply to you.

0
15. Section 63.9822 is amended by revising paragraph (c) introductory 
text and adding paragraph (c)(5) to read as follows:


Sec.  63.9822   Who implements and enforces this subpart?

* * * * *
    (c) The authorities that cannot be delegated to state, local, or 
tribal agencies are as specified in paragraphs (c)(1) through (5) of 
this section.
* * * * *
    (5) Approval of an alternative to any electronic reporting to the 
EPA required by this subpart.

0
16. Section 63.9824 is amended by revising the definition of 
``Particulate matter (PM)'' to read as follows:


Sec.  63.9824   What definitions apply to this subpart?

* * * * *
    Particulate matter (PM) means, for the purposes of this subpart, 
emissions of particulate matter that serve as a measure of total 
particulate emissions as measured by EPA Method 5 of 40 CFR part 60, 
appendix A-3.
* * * * *

0
17. Table 1 to Subpart SSSSS is revised to read as follows:

Table 1 to Subpart SSSSS of Part 63--Emission Limits

    As stated in Sec.  63.9788, you must comply with the emission 
limits for affected sources in the following table:

------------------------------------------------------------------------
                                    You must meet the following emission
             For . . .                          limits . . .
------------------------------------------------------------------------
1. Each new or existing curing      As specified in items 2 through 9 of
 oven, shape dryer, and kiln that    this table.
 is used to process refractory
 products that use organic HAP;
 each new or existing coking oven
 and defumer that is used to
 produce pitch-impregnated
 refractory products; each new
 shape preheater that is used to
 produce pitch-impregnated
 refractory products; AND each new
 or existing process unit that is
 exhausted to a thermal or
 catalytic oxidizer that also
 controls emissions from an
 affected shape preheater or pitch
 working tank.
2. Continuous process units that    a. The 3-hour block average THC
 are controlled with a thermal or    concentration must not exceed 20
 catalytic oxidizer.                 parts per million by volume, dry
                                     basis (ppmvd), corrected to 18
                                     percent oxygen, at the outlet of
                                     the control device; or
                                    b. The 3-hour block average THC mass
                                     emissions rate must be reduced by
                                     at least 95 percent.
3. Continuous process units that    a. The 3-hour block average THC
 are equipped with a control         concentration must not exceed 20
 device other than a thermal or      ppmvd, corrected to 18 percent
 catalytic oxidizer.                 oxygen, at the outlet of the
                                     control device; or
                                    b. The 3-hour block average THC mass
                                     emissions rate must be reduced by
                                     at least 95 percent.
4. Continuous process units that    The 3-hour block average THC
 use process changes to reduce       concentration must not exceed 20
 organic HAP emissions.              ppmvd, corrected to 18 percent
                                     oxygen, at the outlet of the
                                     process gas stream.
5. Continuous kilns that are not    The 3-hour block average THC
 equipped with a control device.     concentration must not exceed 20
                                     ppmvd, corrected to 18 percent
                                     oxygen, at the outlet of the
                                     process gas stream.
6. Batch process units that are     a. The 2-run block average THC
 controlled with a thermal or        concentration for the 3-hour peak
 catalytic oxidizer.                 emissions period must not exceed 20
                                     ppmvd, corrected to 18 percent
                                     oxygen, at the outlet of the
                                     control device; or
                                    b. The 2-run block average THC mass
                                     emissions rate for the 3-hour peak
                                     emissions period must be reduced by
                                     at least 95 percent.
7. Batch process units that are     a. The 2-run block average THC
 equipped with a control device      concentration for the 3-hour peak
 other than a thermal or catalytic   emissions period must not exceed 20
 oxidizer.                           ppmvd, corrected to 18 percent
                                     oxygen, at the outlet of the
                                     control device; or
                                    b. The 2-run block average THC mass
                                     emissions rate for the 3-hour peak
                                     emissions period must be reduced by
                                     at least 95 percent.

[[Page 66070]]

 
8. Batch process units that use     The 2-run block average THC
 process changes to reduce organic   concentration for the 3-hour peak
 HAP emissions.                      emissions period must not exceed 20
                                     ppmvd, corrected to 18 percent
                                     oxygen, at the outlet of the
                                     process gas stream.
9. Batch process kilns that are     The 2-run block average THC
 not equipped with a control         concentration for the 3-hour peak
 device.                             emissions period must not exceed 20
                                     ppmvd, corrected to 18 percent
                                     oxygen, at the outlet of the
                                     process gas stream.
10. Each new continuous kiln that   a. The 3-hour block average HF
 is used to produce clay             emissions must not exceed 0.019
 refractory products.                kilograms per megagram (kg/Mg)
                                     (0.038 pounds per ton (lb/ton)) of
                                     uncalcined clay processed, OR the 3-
                                     hour block average HF mass
                                     emissions rate must be reduced by
                                     at least 90 percent; and
                                    b. The 3-hour block average HCl
                                     emissions must not exceed 0.091 kg/
                                     Mg (0.18 lb/ton) of uncalcined clay
                                     processed, OR the 3-hour block
                                     average HCl mass emissions rate
                                     must be reduced by at least 30
                                     percent; and
                                    c. The 3-hour block average PM
                                     emissions must not exceed 1.4 kg/Mg
                                     (3.1 lb/hr); and
                                    d. The 3-hour block average Hg
                                     concentration must not exceed 6.1
                                     micrograms per dry standard cubic
                                     meter ([micro]g/dscm), corrected to
                                     18 percent oxygen, at the outlet of
                                     the control device or the process
                                     gas stream.
11. Each new batch process kiln     a. The 2-run block average HF mass
 that is used to produce clay        emissions rate for the 3-hour peak
 refractory products.                emissions period must be reduced by
                                     at least 90 percent; and
                                    b. The 2-run block average HCl mass
                                     emissions rate for the 3-hour peak
                                     emissions period must be reduced by
                                     at least 30 percent; and
                                    c. The 2-run block average PM
                                     emissions for the 3-hour peak
                                     emissions period must not exceed
                                     1.4 kg/Mg (3.1 lb/hr); and
                                    d. The 2-run block average Hg
                                     concentration for the 3-hour peak
                                     emissions period must not exceed
                                     6.1 [micro]g/dscm, corrected to 18
                                     percent oxygen, at the outlet of
                                     the control device or the process
                                     gas stream.
12. Each existing continuous kiln   a. The 3-hour block average PM
 that is used to produce clay        emissions must not exceed 4.3 kg/Mg
 refractory products on and after    (9.5 lb/hr); and
 November 20, 2022.                 b. The 3-hour block average Hg
                                     concentration must not exceed 18
                                     [micro]g/dscm, corrected to 18
                                     percent oxygen, at the outlet of
                                     the control device or the process
                                     gas stream.
13. Each existing batch kiln that   a. The 2-run block average PM
 is used to produce clay             emissions for the 3-hour peak
 refractory products on and after    emissions period must not exceed
 November 20, 2022.                  4.3 kg/Mg (9.5 lb/hr); and
                                    b. The 2-run block average Hg
                                     concentration for the 3-hour peak
                                     emissions period must not exceed 18
                                     [micro]g/dscm, corrected to 18
                                     percent oxygen, at the outlet of
                                     the control device or the process
                                     gas stream.
------------------------------------------------------------------------


0
18. Table 2 to Subpart SSSSS is revised to read as follows:

Table 2 to Subpart SSSSS of Part 63--Operating Limits

    As stated in Sec.  63.9788, you must comply with the operating 
limits for affected sources in the following table:

------------------------------------------------------------------------
             For . . .                         You must . . .
------------------------------------------------------------------------
1. Each affected source listed in   a. Operate all affected sources
 Table 1 to this subpart.            according to the requirements to
                                     this subpart on and after the date
                                     on which the initial performance
                                     test is conducted or required to be
                                     conducted, whichever date is
                                     earlier; and
                                    b. Capture emissions and vent them
                                     through a closed system; and
                                    c. Operate each control device that
                                     is required to comply with this
                                     subpart on each affected source
                                     during all periods that the source
                                     is operating, except where
                                     specified in Sec.   63.9792(e),
                                     item 2 of this table, item 5 of
                                     Table 3 to this subpart, item 13 of
                                     Table 4 to this subpart, and item 6
                                     of Table 9 to this subpart for THC
                                     control devices on continuous kilns
                                     used to manufacture refractory
                                     products that use organic HAP; and
                                    d. Record all operating parameters
                                     specified in Table 8 to this
                                     subpart for the affected source;
                                     and
                                    e. Prepare and implement a written
                                     OM&M plan as specified in Sec.
                                     63.9792(d).
2. Each affected continuous kiln    a. Receive approval from the
 used to manufacture refractory      Administrator before taking the
 products that use organic HAP       control device on the affected kiln
 that is equipped with an emission   out of service for scheduled
 control device for THC.             maintenance, as specified in Sec.
                                     63.9792(e); and
                                    b. Before May 19, 2022, minimize HAP
                                     emissions from the affected kiln
                                     during all periods of scheduled
                                     maintenance of the kiln control
                                     device when the kiln is operating
                                     and the control device is out of
                                     service; on and after May 19, 2022,
                                     you must minimize HAP emissions
                                     during the period when the kiln is
                                     operating and the control device is
                                     out of service by complying with
                                     the applicable standard in Table 3
                                     to this subpart; and
                                    c. Minimize the duration of all
                                     periods of scheduled maintenance of
                                     the kiln control device when the
                                     kiln is operating and the control
                                     device is out of service. On and
                                     after May 19, 2022, the total time
                                     during which the kiln is operating
                                     and the control device is out of
                                     service for the each year on a 12-
                                     month rolling basis must not exceed
                                     750 hours.

[[Page 66071]]

 
3. Each new or existing curing      Satisfy the applicable operating
 oven, shape dryer, and kiln that    limits specified in items 4 through
 is used to process refractory       9 of this table.
 products that use organic HAP;
 each new or existing coking oven
 and defumer that is used to
 produce pitch-impregnated
 refractory products; each new
 shape preheater that is used to
 produce pitch-impregnated
 refractory products; AND each new
 or existing process unit that is
 exhausted to a thermal or
 catalytic oxidizer that also
 controls emissions from an
 affected shape preheater or pitch
 working tank.
4. Each affected continuous         Maintain the 3-hour block average
 process unit.                       organic HAP processing rate (pounds
                                     per hour) at or below the maximum
                                     organic HAP processing rate
                                     established during the most recent
                                     performance test.
5. Continuous process units that    Maintain the 3-hour block average
 are equipped with a thermal         operating temperature in the
 oxidizer.                           thermal oxidizer combustion chamber
                                     at or above the minimum allowable
                                     operating temperature for the
                                     oxidizer established during the
                                     most recent performance test.
6. Continuous process units that    a. Maintain the 3-hour block average
 are equipped with a catalytic       operating temperature at the inlet
 oxidizer.                           of the catalyst bed of the oxidizer
                                     at or above the minimum allowable
                                     operating temperature for the
                                     oxidizer established during the
                                     most recent performance test; and
                                    b. Check the activity level of the
                                     catalyst at least every 12 months.
7. Each affected batch process      For each batch cycle, maintain the
 unit.                               organic HAP processing rate (pounds
                                     per batch) at or below the maximum
                                     organic HAP processing rate
                                     established during the most recent
                                     performance test.
8. Batch process units that are     a. From the start of each batch
 equipped with a thermal oxidizer.   cycle until 3 hours have passed
                                     since the process unit reached
                                     maximum temperature, maintain the
                                     hourly average operating
                                     temperature in the thermal oxidizer
                                     combustion chamber at or above the
                                     minimum allowable operating
                                     temperature established for the
                                     corresponding period during the
                                     most recent performance test, as
                                     determined according to item 11 of
                                     Table 4 to this subpart; and
                                    b. For each subsequent hour of the
                                     batch cycle, maintain the hourly
                                     average operating temperature in
                                     the thermal oxidizer combustion
                                     chamber at or above the minimum
                                     allowable operating temperature
                                     established for the corresponding
                                     hour during the most recent
                                     performance test, as specified in
                                     item 13 of Table 4 to this subpart.
9. Batch process units that are     a. From the start of each batch
 equipped with a catalytic           cycle until 3 hours have passed
 oxidizer.                           since the process unit reached
                                     maximum temperature, maintain the
                                     hourly average operating
                                     temperature at the inlet of the
                                     catalyst bed at or above the
                                     minimum allowable operating
                                     temperature established for the
                                     corresponding period during the
                                     most recent performance test, as
                                     determined according to item 12 of
                                     Table 4 to this subpart; and
                                    b. For each subsequent hour of the
                                     batch cycle, maintain the hourly
                                     average operating temperature at
                                     the inlet of the catalyst bed at or
                                     above the minimum allowable
                                     operating temperature established
                                     for the corresponding hour during
                                     the most recent performance test,
                                     as specified in item 13 of Table 4
                                     to this subpart; and
                                    c. Check the activity level of the
                                     catalyst at least every 12 months.
10. Each new kiln that is used to   Satisfy the applicable operating
 process clay refractory products.   limits specified in items 11
                                     through 13 of this table.
11. Each affected kiln that is      a. Maintain the 3-hour block average
 equipped with a DLA.                pressure drop across the DLA at or
                                     above the minimum levels
                                     established during the most recent
                                     performance test; and
                                    b. Maintain free-flowing limestone
                                     in the feed hopper, silo, and DLA
                                     at all times; and
                                    c. Maintain the limestone feeder at
                                     or above the level established
                                     during the most recent performance
                                     test; and
                                    d. Use the same grade of limestone
                                     from the same source as was used
                                     during the most recent performance
                                     test and maintain records of the
                                     source and type of limestone used;
                                     and
                                    e. Maintain no VE from the stack.
12. Each affected kiln that is      a. Initiate corrective action within
 equipped with a DIFF or DLS/FF.     1 hour of a bag leak detection
                                     system alarm and complete
                                     corrective actions in accordance
                                     with the OM&M plan; and
                                    b. Verify at least once each 8-hour
                                     shift that lime is free-flowing by
                                     means of a visual check, checking
                                     the output of a load cell, carrier
                                     gas/lime flow indicator, or carrier
                                     gas pressure drop measurement
                                     system; and
                                    c. Record the lime feeder setting
                                     daily to verify that the feeder
                                     setting is at or above the level
                                     established during the most recent
                                     performance test.
13. Each affected kiln that is      a. Maintain the 3-hour block average
 equipped with a wet scrubber.       pressure drop across the scrubber,
                                     liquid pH, and liquid flow rate at
                                     or above the minimum levels
                                     established during the most recent
                                     performance test; and
                                    b. If chemicals are added to the
                                     scrubber liquid, maintain the 3-
                                     hour block average chemical feed
                                     rate at or above the minimum
                                     chemical feed rate established
                                     during the most recent performance
                                     test.
14. Each new and existing kiln      Maintain the average carbon flow
 used to process clay refractory     rate for each 3-hour block period
 products that is equipped with an   at or above the average carbon flow
 activated carbon injection system.  rate established during the Hg
                                     performance test in which
                                     compliance was demonstrated.

[[Page 66072]]

 
15. Each new and existing kiln      Maintain no VE from the stack.
 that is used to process clay
 refractory products with no add-
 on control and each existing kiln
 that is equipped with a DLA.
16. Each existing kiln used to      Initiate corrective action within 1
 process clay refractory products    hour of a bag leak detection system
 that is equipped with a FF.         alarm and complete corrective
                                     actions in accordance with the OM&M
                                     plan OR maintain no VE from the
                                     stack.
17. Each existing kiln used to      Maintain the 3-hour block average
 process clay refractory products    pressure drop across the scrubber
 that is equipped with a wet         and liquid flow rate at or above
 scrubber.                           the minimum levels established
                                     during the most recent performance
                                     test.
------------------------------------------------------------------------


0
19. Table 3 to Subpart SSSSS is revised to read as follows:

Table 3 to Subpart SSSSS of Part 63--Work Practice Standards

    As stated in Sec.  63.9788, you must comply with the work practice 
standards for affected sources in the following table:

----------------------------------------------------------------------------------------------------------------
                                                                           According to one of the following
                For . . .                        You must . . .                    requirements . . .
----------------------------------------------------------------------------------------------------------------
1. Each basket or container that is used  a. Control POM emissions     i. At least every 10 preheating cycles,
 for holding fired refractory shapes in    from any affected shape      clean the residual pitch from the
 an existing shape preheater and           preheater.                   surfaces of the basket or container by
 autoclave during the pitch impregnation                                abrasive blasting prior to placing the
 process.                                                               basket or container in the affected
                                                                        shape preheater; or
                                                                       ii. At least every 10 preheating cycles,
                                                                        subject the basket or container to a
                                                                        thermal process cycle that meets or
                                                                        exceeds the operating temperature and
                                                                        cycle time of the affected preheater,
                                                                        AND is conducted in a process unit that
                                                                        is exhausted to a thermal or catalytic
                                                                        oxidizer that is comparable to the
                                                                        control device used on an affected
                                                                        defumer or coking oven; or
                                                                       iii. Capture emissions from the affected
                                                                        shape preheater and vent them to the
                                                                        control device that is used to control
                                                                        emissions from an affected defumer or
                                                                        coking oven, or to a comparable thermal
                                                                        or catalytic oxidizer.
2. Each new or existing pitch working     Control POM emissions......  Capture emissions from the affected pitch
 tank.                                                                  working tank and vent them to the
                                                                        control device that is used to control
                                                                        emissions from an affected defumer or
                                                                        coking oven, OR to a comparable thermal
                                                                        or catalytic oxidizer.
3. Each new or existing chromium          Minimize fuel-based HAP      Before May 19, 2022, use natural gas, or
 refractory products kiln.                 emissions.                   equivalent, as the kiln fuel, except
                                                                        during periods of natural gas
                                                                        curtailment or supply interruption, as
                                                                        defined in Sec.   63.9824. On and after
                                                                        May 19, 2022, use natural gas, or
                                                                        equivalent, as the kiln fuel at all
                                                                        times.
4. Each existing clay refractory          Minimize fuel-based HAP      Before May 19, 2022, use natural gas, or
 products kiln.                            emissions.                   equivalent, as the kiln fuel, except
                                                                        during periods of natural gas
                                                                        curtailment or supply interruption, as
                                                                        defined in Sec.   63.9824. On and after
                                                                        May 19, 2022, use natural gas, or
                                                                        equivalent, as the kiln fuel at all
                                                                        times.
5. Each affected continuous kiln used to  Minimize HAP emissions.....  i. Before May 19, 2022, minimize HAP
 manufacture refractory products that                                   emissions from the affected kiln during
 use organic HAP that is equipped with                                  all periods of scheduled maintenance of
 an emission control device for THC with                                the kiln control device when the kiln is
 Administrator approval to take the                                     operating and the control device is out
 control device out of service for                                      of service consistent with your OM&M
 scheduled maintenance, as specified in                                 plan and minimize the time period during
 Sec.   63.9792(e).                                                     which the kiln is operating and the
                                                                        control device is out of service; or
                                                                       ii. On and after May 19, 2022, minimize
                                                                        HAP emissions during the period when the
                                                                        kiln is operating and the control device
                                                                        is out of service by maintaining the
                                                                        organic HAP processing rate (lb/hr)
                                                                        below the average organic HAP processing
                                                                        rate based on actual production on a 6-
                                                                        month rolling basis (not to include
                                                                        periods of kiln shut down) or below the
                                                                        organic HAP processing rate (lb/hr) that
                                                                        coincides with the lowest hour of the
                                                                        most recent 3-hour performance test,
                                                                        whichever is lower); and minimize the
                                                                        time period during which the kiln is
                                                                        operating and the control device is out
                                                                        of service, not to exceed 750 hours for
                                                                        the year (on a 12-month rolling basis).
6. Each new or existing curing oven,      Minimize fuel-based HAP      Use natural gas, or equivalent, as the
 shape dryer, and kiln that is used to     emissions.                   kiln fuel, at all times.
 process refractory products that use
 organic HAP, on and after Novermber 19,
 2021.
----------------------------------------------------------------------------------------------------------------


[[Page 66073]]


0
20. Table 4 to Subpart SSSSS is revised to read as follows:

Table 4 to Subpart SSSSS to Part 63--Requirements for Performance Tests

    As stated in Sec.  63.9800, you must comply with the requirements 
for performance tests for affected sources in the following table:

----------------------------------------------------------------------------------------------------------------
                                                                                   According to the following
            For . . .               You must . . .          Using . . .                requirements . . .
----------------------------------------------------------------------------------------------------------------
1. Each affected source listed    a. Conduct          i. The requirements of   (1) Record the date of the test;
 in Table 1 to this subpart.       performance tests.  the general provisions   and
                                                       in subpart A of this    (2) Identify the emission source
                                                       part and the             that is tested; and
                                                       requirements to this    (3) Collect and record the
                                                       subpart.                 corresponding operating
                                                                                parameter and emission test data
                                                                                listed in this table for each
                                                                                run of the performance test; and
                                                                               (4) Repeat the performance test
                                                                                at least every 5 years; and
                                                                               (5) Repeat the performance test
                                                                                before changing the parameter
                                                                                value for any operating limit
                                                                                specified in your OM&M plan; and
                                                                               (6) If complying with the THC
                                                                                concentration or THC percentage
                                                                                reduction limits specified in
                                                                                items 2 through 9 of Table 1 to
                                                                                this subpart, repeat the
                                                                                performance test under the
                                                                                conditions specified in items
                                                                                2.a.2. and 2.a.3. of this table;
                                                                                and
                                                                               (7) If complying with the
                                                                                emission limits for new clay
                                                                                refractory products kilns
                                                                                specified in items 10 and 11 of
                                                                                Table 1 to this subpart, repeat
                                                                                the performance test under the
                                                                                conditions specified in items
                                                                                14.a.i.4. and 17.a.i.4. of this
                                                                                table.
                                  b. Select the       i. Method 1 or 1A of 40  (1) To demonstrate compliance
                                   locations of        CFR part 60, appendix    with the percentage reduction
                                   sampling ports      A-1.                     limits specified in items 2.b.,
                                   and the number of                            3.b., 6.b., 7.b., 10, and 11 of
                                   traverse points.                             Table 1 to this subpart, locate
                                                                                sampling sites at the inlet of
                                                                                the control device and at either
                                                                                the outlet of the control device
                                                                                or at the stack prior to any
                                                                                releases to the atmosphere; and
                                                                               (2) To demonstrate compliance
                                                                                with any other emission limit
                                                                                specified in Table 1 to this
                                                                                subpart, locate all sampling
                                                                                sites at the outlet of the
                                                                                control device or at the stack
                                                                                prior to any releases to the
                                                                                atmosphere.
                                  c. Determine gas    Method 2, 2A, 2C, 2D,    Measure gas velocities and
                                   velocity and        2F, or 2G of 40 CFR      volumetric flow rates at 1-hour
                                   volumetric flow     part 60, appendix A-1    intervals throughout each test
                                   rate.               and A-2.                 run.
                                  d. Conduct gas      i. Method 3, 3A, or 3B   As specified in the applicable
                                   molecular weight    of 40 CFR part 60,       test method.
                                   analysis.           appendix A-2; or.       You may use the manual procedures
                                                      ii. ASME PTC 19.10-       (but not instrumental
                                                       1981--Part 10 \a\.       procedures) of ASME PTC 19.10-
                                                                                1981--Part 10 \a\ as an
                                                                                alternative to EPA Method 3B.
                                  e. Measure gas      Method 4 of 40 CFR part  As specified in the applicable
                                   moisture content.   60, appendix A-3.        test method.

[[Page 66074]]

 
2. Each new or existing curing    a. Conduct          .......................  (1) Conduct the performance test
 oven, shape dryer, and kiln       performance tests.                           while the source is operating at
 that is used to process                                                        the maximum organic HAP
 refractory products that use                                                   processing rate, as defined in
 organic HAP; each new or                                                       Sec.   63.9824, reasonably
 existing coking oven and                                                       expected to occur; and
 defumer that is used to produce                                               (2) Repeat the performance test
 pitch-impregnated refractory                                                   before starting production of
 products; each new shape                                                       any product for which the
 preheater that is used to                                                      organic HAP processing rate is
 produce pitch-impregnated                                                      likely to exceed the maximum
 refractory products; AND each                                                  organic HAP processing rate
 new or existing process unit                                                   established during the most
 that is exhausted to a thermal                                                 recent performance test by more
 or catalytic oxidizer that also                                                than 10 percent, as specified in
 controls emissions from an                                                     Sec.   63.9798(c); and
 affected shape preheater or                                                   (3) Repeat the performance test
 pitch working tank.                                                            on any affected uncontrolled
                                                                                kiln following process changes
                                                                                (e.g., shorter curing oven cycle
                                                                                time) that could increase
                                                                                organic HAP emissions from the
                                                                                affected kiln, as specified in
                                                                                Sec.   63.9798(d).
                                  b. Satisfy the
                                   applicable
                                   requirements
                                   listed in items 3
                                   through 13 of
                                   this table.
3. Each affected continuous       a. Perform a        The appropriate test     Each test run must be at least 1
 process unit.                     minimum of 3 test   methods specified in     hour in duration.
                                   runs.               items 1, 4, and 5 of
                                                       this table.
                                  b. Establish the    i. Method 311 of 40 CFR  (1) Calculate and record the
                                   operating limit     part 63, appendix A,     organic HAP content of all
                                   for the maximum     OR material safety       refractory shapes that are
                                   organic HAP         data sheets (MSDS), OR   processed during the performance
                                   processing rate.    product labels to        test, based on the mass fraction
                                                       determine the mass       of organic HAP in the resins,
                                                       fraction of organic      binders, or additives; the mass
                                                       HAP in each resin,       fraction of each resin, binder,
                                                       binder, or additive;     or additive, in the product; and
                                                       and                      the process feed rate; and
                                                      ii. Product formulation  (2) Calculate and record the
                                                       data that specify the    organic HAP processing rate
                                                       mass fraction of each    (pounds per hour) for each test
                                                       resin, binder, and       run; and
                                                       additive in the
                                                       products that are
                                                       processed during the
                                                       performance test; and.
                                                      iii. Process feed rate   (3) Calculate and record the
                                                       data (tons per hour).    maximum organic HAP processing
                                                                                rate as the average of the
                                                                                organic HAP processing rates for
                                                                                the three test runs.
                                  c. Record the       Process data...........  During each test run and at least
                                   operating                                    once per hour, record the
                                   temperature of                               operating temperature in the
                                   the affected                                 highest temperature zone of the
                                   source.                                      affected source.
4. Each continuous process unit   a. Measure THC      i. Method 25A of 40 CFR  (1) Each minute, measure and
 that is subject to the THC        concentrations at   part 60, appendix A-7.   record the concentrations of THC
 emission limit listed in item     the outlet of the                            in the exhaust stream; and
 2.a., 3.a., 4, or 5 of Table 1    control device or                           (2) Provide at least 50 1-minute
 to this subpart.                  in the stack.                                measurements for each valid
                                                                                hourly average THC
                                                                                concentration.
                                  b. Measure oxygen   i. Method 3A of 40 CFR   (1) Each minute, measure and
                                   concentrations at   part 60, appendix A-2.   record the concentrations of
                                   the outlet of the                            oxygen in the exhaust stream;
                                   control device or                            and
                                   in the stack.                               (2) Provide at least 50 1-minute
                                                                                measurements for each valid
                                                                                hourly average THC
                                                                                concentration.

[[Page 66075]]

 
                                  c. Determine the    i. Equation 1 of Sec.    (1) Calculate the hourly average
                                   hourly average      63.9800(g)(1); and       THC concentration for each hour
                                   THC                ii. The 1-minute THC      of the performance test as the
                                   concentration,      and oxygen               average of the 1-minute THC
                                   corrected to 18     concentration data.      measurements; and
                                   percent oxygen.                             (2) Calculate the hourly average
                                                                                oxygen concentration for each
                                                                                hour of the performance test as
                                                                                the average of the 1-minute
                                                                                oxygen measurements; and
                                                                               (3) Correct the hourly average
                                                                                THC concentrations to 18 percent
                                                                                oxygen using Equation 1 of Sec.
                                                                                 63.9800(g)(1).
                                  d. Determine the 3- The hourly average       Calculate the 3-hour block
                                   hour block          concentration of THC,    average THC emission
                                   average THC         corrected to 18          concentration, corrected to 18
                                   emission            percent oxygen, for      percent oxygen, as the average
                                   concentration,      each test run.           of the hourly average THC
                                   corrected to 18                              emission concentrations,
                                   percent oxygen.                              corrected to 18 percent oxygen.
5. Each continuous process unit   a. Measure THC      i. Method 25A of 40 CFR  (1) Each minute, measure and
 that is subject to the THC        concentrations at   part 60, appendix A-7.   record the concentrations of THC
 percentage reduction limit        the inlet and                                at the inlet and outlet of the
 listed in item 2.b. or 3.b. of    outlet of the                                control device; and
 Table 1 to this subpart.          control device.                             (2) Provide at least 50 1-minute
                                                                                measurements for each valid
                                                                                hourly average THC concentration
                                                                                at the control device inlet and
                                                                                outlet.
                                  b. Determine the    i. The 1-minute THC      Calculate the hourly THC mass
                                   hourly THC mass     concentration data at    emissions rates at the control
                                   emissions rates     the control device       device inlet and outlet for each
                                   at the inlet and    inlet and outlet; and    hour of the performance test.
                                   outlet of the      ii. The volumetric flow
                                   control device.     rates at the control
                                                       device inlet and
                                                       outlet.
                                  c. Determine the 3- i. The hourly THC mass   (1) Calculate the hourly THC
                                   hour block          emissions rates at the   percentage reduction for each
                                   average THC         inlet and outlet of      hour of the performance test
                                   percentage          the control device.      using Equation 2 of Sec.
                                   reduction.                                   63.9800(g)(1); and
                                                                               (2) Calculate the 3-hour block
                                                                                average THC percentage
                                                                                reduction.
6. Each continuous process unit   a. Establish the    i. Continuous recording  (1) At least every 15 minutes,
 that is equipped with a thermal   operating limit     of the output of the     measure and record the thermal
 oxidizer.                         for the minimum     combustion chamber       oxidizer combustion chamber
                                   allowable thermal   temperature              temperature; and
                                   oxidizer            measurement device.     (2) Provide at least one
                                   combustion                                   measurement during at least
                                   chamber                                      three 15-minute periods per hour
                                   temperature.                                 of testing; and
                                                                               (3) Calculate the hourly average
                                                                                thermal oxidizer combustion
                                                                                chamber temperature for each
                                                                                hour of the performance test;
                                                                                and
                                                                               (4) Calculate the minimum
                                                                                allowable combustion chamber
                                                                                temperature as the average of
                                                                                the combustion chamber
                                                                                temperatures for the three test
                                                                                runs, minus 14 [deg]C (25
                                                                                [deg]F).
7. Each continuous process unit   a. Establish the    i. Continuous recording  (1) At least every 15 minutes,
 that is equipped with a           operating limit     of the output of the     measure and record the
 catalytic oxidizer.               for the minimum     temperature              temperature at the inlet of the
                                   allowable           measurement device.      catalyst bed; and
                                   temperature at                              (2) Provide at least one catalyst
                                   the inlet of the                             bed inlet temperature
                                   catalyst bed.                                measurement during at least
                                                                                three 15-minute periods per hour
                                                                                of testing; and
                                                                               (3) Calculate the hourly average
                                                                                catalyst bed inlet temperature
                                                                                for each hour of the performance
                                                                                test; and
                                                                               (4) Calculate the minimum
                                                                                allowable catalyst bed inlet
                                                                                temperature as the average of
                                                                                the catalyst bed inlet
                                                                                temperatures for the three test
                                                                                runs, minus 14 [deg]C (25
                                                                                [deg]F).
8. Each affected batch process    a. Perform a        i. The appropriate test  (1) Each test run must be
 unit.                             minimum of two      methods specified in     conducted over a separate batch
                                   test runs.          items 1, 9, and 10 of    cycle unless you satisfy the
                                                       this table.              requirements of Sec.
                                                                                63.9800(f)(3) and (4); and
                                                                               (2) Each test run must begin with
                                                                                the start of a batch cycle,
                                                                                except as specified in item
                                                                                8.a.i.4. of this table; and
                                                                               (3) Each test run must continue
                                                                                until the end of the batch
                                                                                cycle, except as specified in
                                                                                items 8.a.i.4. and 8.a.i.5. of
                                                                                this table; and
                                                                               (4) If you develop an emissions
                                                                                profile, as described in Sec.
                                                                                63.9802(a), AND for sources
                                                                                equipped with a thermal or
                                                                                catalytic oxidizer, you do not
                                                                                reduce the oxidizer operating
                                                                                temperature, as specified in
                                                                                item 13 of this table, you can
                                                                                limit each test run to the 3-
                                                                                hour peak THC emissions period;
                                                                                and

[[Page 66076]]

 
                                                                               (5) If you do not develop an
                                                                                emissions profile, a test run
                                                                                can be stopped, and the results
                                                                                of that run considered complete,
                                                                                if you measure emissions
                                                                                continuously until at least 3
                                                                                hours after the affected process
                                                                                unit has reached maximum
                                                                                temperature, AND the hourly
                                                                                average THC mass emissions rate
                                                                                has not increased during the 3-
                                                                                hour period since maximum
                                                                                process temperature was reached,
                                                                                and the hourly average
                                                                                concentrations of THC at the
                                                                                inlet of the control device have
                                                                                not exceeded 20 ppmvd, corrected
                                                                                to 18 percent oxygen, during the
                                                                                3-hour period since maximum
                                                                                process temperature was reached
                                                                                or the hourly average THC
                                                                                percentage reduction has been at
                                                                                least 95 percent during the 3-
                                                                                hour period since maximum
                                                                                process temperature was reached,
                                                                                AND, for sources equipped with a
                                                                                thermal or catalytic oxidizer,
                                                                                at least 1 hour has passed since
                                                                                any reduction in the operating
                                                                                temperature of the oxidizer, as
                                                                                specified in item 13 of this
                                                                                table.
                                  b. Establish the    i. Method 311 of 40 CFR  (1) Calculate and record the
                                   operating limit     part 63, appendix A,     organic HAP content of all
                                   for the maximum     OR MSDS, OR product      refractory shapes that are
                                   organic HAP         labels to determine      processed during the performance
                                   processing rate.    the mass fraction of     test, based on the mass fraction
                                                       organic HAP in each      of HAP in the resins, binders,
                                                       resin, binder, or        or additives; the mass fraction
                                                       additive; and            of each resin, binder, or
                                                                                additive, in the product, and
                                                                                the batch weight prior to
                                                                                processing; and
                                                      ii. Product formulation  (2) Calculate and record the
                                                       data that specify the    organic HAP processing rate
                                                       mass fraction of each    (pounds per batch) for each test
                                                       resin, binder, and       run; and
                                                       additive in the         (3) Calculate and record the
                                                       products that are        maximum organic HAP processing
                                                       processed during the     rate as the average of the
                                                       performance test; and.   organic HAP processing rates for
                                                      iii. Batch weight         the two test runs.
                                                       (tons).
                                  c. Record the       Process data...........  Record the total elapsed time
                                   batch cycle time.                            from the start to the completion
                                                                                of the batch cycle.
                                  d. Record the       Process data...........  Record the operating temperature
                                   operating                                    of the affected source at least
                                   temperature of                               once every hour from the start
                                   the affected                                 to the completion of the batch
                                   source.                                      cycle.
9. Each batch process unit that   a. Measure THC      i. Method 25A of 40 CFR  (1) Each minute, measure and
 is subject to the THC emission    concentrations at   part 60, appendix A-7.   record the concentrations of THC
 limit listed in item 6.a.,        the outlet of the                            in the exhaust stream; and
 7.a., 8, or 9 of Table 1 to       control device or                           (2) Provide at least 50 1-minute
 this subpart.                     in the stack.                                measurements for each valid
                                                                                hourly average THC
                                                                                concentration.
                                  b. Measure oxygen   i. Method 3A of 40 CFR   (1) Each minute, measure and
                                   concentrations at   part 60, appendix A-2.   record the concentrations of
                                   the outlet of the                            oxygen in the exhaust stream;
                                   control device or                            and
                                   in the stack.                               (2) Provide at least 50 1-minute
                                                                                measurements for each valid
                                                                                hourly average oxygen
                                                                                concentration.
                                  c. Determine the    i. Equation 1 of Sec.    (1) Calculate the hourly average
                                   hourly average      63.9800(g)(1); and       THC concentration for each hour
                                   THC                ii. The 1-minute THC      of the performance test as the
                                   concentration,      and oxygen               average of the 1-minute THC
                                   corrected to 18     concentration data.      measurements; and
                                   percent oxygen.                             (2) Calculate the hourly average
                                                                                oxygen concentration for each
                                                                                hour of the performance test as
                                                                                the average of the 1-minute
                                                                                oxygen measurements; and
                                                                               (3) Correct the hourly average
                                                                                THC concentrations to 18 percent
                                                                                oxygen using Equation 1 of Sec.
                                                                                 63.9800(g)(1).
                                  d. Determine the 3- The hourly average THC   Select the period of 3
                                   hour peak THC       concentrations,          consecutive hours over which the
                                   emissions period    corrected to 18          sum of the hourly average THC
                                   for each test run.  percent oxygen.          concentrations, corrected to 18
                                                                                percent oxygen, is greater than
                                                                                the sum of the hourly average
                                                                                THC emission concentrations,
                                                                                corrected to 18 percent oxygen,
                                                                                for any other period of 3
                                                                                consecutive hours during the
                                                                                test run.
                                  e. Determine the    The hourly average THC   Calculate the average of the
                                   average THC         emission                 hourly average THC
                                   concentration,      concentrations,          concentrations, corrected to 18
                                   corrected to 18     corrected to 18          percent oxygen, for the 3 hours
                                   percent oxygen,     percent oxygen, for      of the peak emissions period for
                                   for each test run.  the 3-hour peak THC      each test run.
                                                       emissions period.

[[Page 66077]]

 
                                  f. Determine the 2- The average THC          Calculate the average of the
                                   run block average   concentration,           average THC concentrations,
                                   THC                 corrected to 18          corrected to 18 percent oxygen,
                                   concentration,      percent oxygen, for      for each run.
                                   corrected to 18     each test run.
                                   percent oxygen,
                                   for the emission
                                   test.
10. Each batch process unit that  a. Measure THC      i. Method 25A of 40 CFR  (1) Each minute, measure and
 is subject to the THC             concentrations at   part 60, appendix A-7.   record the concentrations of THC
 percentage reduction limit        the inlet and                                at the control device inlet and
 listed in item 6.b. or 7.b. of    outlet of the                                outlet; and
 Table 1 to this subpart.          control device.                             (2) Provide at least 50 1-minute
                                                                                measurements for each valid
                                                                                hourly average THC concentration
                                                                                at the control device inlet and
                                                                                outlet.
                                  b. Determine the    i. The 1-minute THC      (1) Calculate the hourly mass
                                   hourly THC mass     concentration data at    emissions rates at the control
                                   emissions rates     the control device       device inlet and outlet for each
                                   at the control      inlet and outlet; and    hour of the performance test.
                                   device inlet and   ii. The volumetric flow
                                   outlet.             rates at the control
                                                       device inlet and
                                                       outlet.
                                  c. Determine the 3- The hourly THC mass      Select the period of 3
                                   hour peak THC       emissions rates at the   consecutive hours over which the
                                   emissions period    control device inlet.    sum of the hourly THC mass
                                   for each test run.                           emissions rates at the control
                                                                                device inlet is greater than the
                                                                                sum of the hourly THC mass
                                                                                emissions rates at the control
                                                                                device inlet for any other
                                                                                period of 3 consecutive hours
                                                                                during the test run.
                                  d. Determine the    i. Equation 2 of Sec.    Calculate the average THC
                                   average THC         63.9800(g)(2); and       percentage reduction for each
                                   percentage         ii. The hourly THC mass   test run using Equation 2 of
                                   reduction for       emissions rates at the   Sec.   63.9800(g)(2).
                                   each test run.      control device inlet
                                                       and outlet for the 3-
                                                       hour peak THC
                                                       emissions period.
                                  e. Determine the 2- The average THC          Calculate the average of the
                                   run block average   percentage reduction     average THC percentage
                                   THC percentage      for each test run.       reductions for each test run.
                                   reduction for the
                                   emission test.
11. Each batch process unit that  a. Establish the    i. Continuous recording  (1) At least every 15 minutes,
 is equipped with a thermal        operating limit     of the output of the     measure and record the thermal
 oxidizer.                         for the minimum     combustion chamber       oxidizer combustion chamber
                                   thermal oxidizer    temperature              temperature; and
                                   combustion          measurement device.     (2) Provide at least one
                                   chamber                                      temperature measurement during
                                   temperature.                                 at least three 15-minute periods
                                                                                per hour of testing; and
                                                                               (3) Calculate the hourly average
                                                                                combustion chamber temperature
                                                                                for each hour of the 3-hour peak
                                                                                emissions period, as defined in
                                                                                item 9.d. or 10.c. of this
                                                                                table, whichever applies; and
                                                                               (4) Calculate the minimum
                                                                                allowable thermal oxidizer
                                                                                combustion chamber operating
                                                                                temperature as the average of
                                                                                the hourly combustion chamber
                                                                                temperatures for the 3-hour peak
                                                                                emissions period, minus 14
                                                                                [deg]C (25 [deg]F).
12. Each batch process unit that  a. Establish the    i. Continuous recording  (1) At least every 15 minutes,
 is equipped with a catalytic      operating limit     of the output of the     measure and record the
 oxidizer.                         for the minimum     temperature              temperature at the inlet of the
                                   temperature at      measurement device.      catalyst bed; and
                                   the inlet of the                            (2) Provide at least one catalyst
                                   catalyst bed.                                bed inlet temperature
                                                                                measurement during at least
                                                                                three 15-minute periods per hour
                                                                                of testing; and
                                                                               (3) Calculate the hourly average
                                                                                catalyst bed inlet temperature
                                                                                for each hour of the 3-hour peak
                                                                                emissions period, as defined in
                                                                                item 9.d. or 10.c. of this
                                                                                table, whichever applies; and
                                                                               (4) Calculate the minimum
                                                                                allowable catalytic oxidizer
                                                                                catalyst bed inlet temperature
                                                                                as the average of the hourly
                                                                                catalyst bed inlet temperatures
                                                                                for the 3-hour peak emissions
                                                                                period, minus 14 [deg]C (25
                                                                                [deg]F).

[[Page 66078]]

 
13. Each batch process unit that  a. During each      .......................  (1) The oxidizer can be shut off
 is equipped with a thermal or     test run,                                    or the oxidizer operating
 catalytic oxidizer.               maintain the                                 temperature can be reduced if
                                   applicable                                   you do not use an emission
                                   operating                                    profile to limit testing to the
                                   temperature of                               3-hour peak emissions period, as
                                   the oxidizer                                 specified in item 8.a.i.4. of
                                   until emission                               this table; and
                                   levels allow the                            (2) At least 3 hours have passed
                                   oxidizer to be                               since the affected process unit
                                   shut off or the                              reached maximum temperature; and
                                   operating                                   (3) The applicable emission limit
                                   temperature of                               specified in item 6.a. or 6.b.
                                   the oxidizer to                              of Table 1 to this subpart was
                                   be reduced.                                  met during each of the previous
                                                                                three 1-hour periods; and
                                                                               (4) The hourly average THC mass
                                                                                emissions rate did not increase
                                                                                during the 3-hour period since
                                                                                maximum process temperature was
                                                                                reached; and
                                                                               (5) The applicable emission limit
                                                                                specified in item 6.a. and 6.b.
                                                                                of Table 1 to this subpart was
                                                                                met during each of the four 15-
                                                                                minute periods immediately
                                                                                following the oxidizer
                                                                                temperature reduction; and
                                                                               (6) If the applicable emission
                                                                                limit specified in item 6.a. or
                                                                                6.b. of Table 1 to this subpart
                                                                                was not met during any of the
                                                                                four 15-minute periods
                                                                                immediately following the
                                                                                oxidizer temperature reduction,
                                                                                you must return the oxidizer to
                                                                                its normal operating temperature
                                                                                as soon as possible and maintain
                                                                                that temperature for at least 1
                                                                                hour; and
                                                                               (7) Continue the test run until
                                                                                the applicable emission limit
                                                                                specified in items 6.a. and 6.b.
                                                                                of Table 1 to this subpart is
                                                                                met for at least four
                                                                                consecutive 15-minute periods
                                                                                that immediately follow the
                                                                                temperature reduction; and
                                                                               (8) Calculate the hourly average
                                                                                oxidizer operating temperature
                                                                                for each hour of the performance
                                                                                test since the affected process
                                                                                unit reached maximum
                                                                                temperature.
14. Each new continuous kiln      a. Measure          i. Method 26A of 40 CFR  (1) Conduct the test while the
 that is used to process clay      emissions of HF     part 60, appendix A-8;   kiln is operating at the maximum
 refractory products.              and HCl.            or.                      production level; and
                                                      ii. Method 26 of 40 CFR  (2) You may use EPA Method 26 of
                                                       part 60, appendix A-8;   40 CFR part 60, appendix A-8,
                                                       or.                      only if no acid PM (e.g., HF or
                                                      iii. Method 320 of 40     HCl dissolved in water droplets
                                                       CFR part 63, appendix    emitted by sources controlled by
                                                       A.                       a wet scrubber) is present; and
                                                                               (3) If you use EPA Method 320 of
                                                                                40 CFR part 63, appendix A, you
                                                                                must follow the analyte spiking
                                                                                procedures of Section 13 of EPA
                                                                                Method 320 unless you can
                                                                                demonstrate that the complete
                                                                                spiking procedure has been
                                                                                conducted at a similar source.
                                                                                ASTM D6348-12e1 \a\ may be used
                                                                                as an alternative to EPA Method
                                                                                320 if the test plan preparation
                                                                                and implementation in Annexes A1-
                                                                                A8 are mandatory and the %R in
                                                                                Annex A5 is determined for each
                                                                                target analyte and is equal or
                                                                                greater than 70 percent and less
                                                                                than or equal to 130 percent;
                                                                                and
                                                                               (4) Repeat the performance test
                                                                                if the affected source is
                                                                                controlled with a DLA and you
                                                                                change the source of the
                                                                                limestone used in the DLA.
                                  b. Perform a        The appropriate test     Each test run must be at least 1
                                   minimum of 3 test   methods specified in     hour in duration.
                                   runs.               items 1 and 14.a. of
                                                       this table.
15. Each new continuous kiln      a. Record the       i. Production data; and  (1) Record the production rate
 that is subject to the            uncalcined clay    ii. Product formulation   (tons per hour of fired
 production-based HF and HCl       processing rate.    data that specify the    product); and
 emission limits specified in                          mass fraction of        (2) Calculate and record the
 items 10.a. and 10.b. of Table                        uncalcined clay in the   average rate at which uncalcined
 1 to this subpart.                                    products that are        clay is processed (tons per
                                                       processed during the     hour) for each test run; and
                                                       performance test.       (3) Calculate and record the 3-
                                                                                run average uncalcined clay
                                                                                processing rate as the average
                                                                                of the average uncalcined clay
                                                                                processing rates for each test
                                                                                run.
                                  b. Determine the    i. Method 26A of 40 CFR  Calculate the HF mass emissions
                                   HF mass emissions   part 60, appendix A-8;   rate for each test.
                                   rate at the         or.                     ASTM D6348-12e1 \a\ may be used
                                   outlet of the      ii. Method 26 of 40 CFR   as an alternative to EPA Method
                                   control device or   part 60, appendix A-8;   320 if the test plan preparation
                                   in the stack.       or.                      and implementation in Annexes A1-
                                                      iii. Method 320 of 40     A8 are mandatory and the %R in
                                                       CFR part 63, appendix    Annex A5 is determined for each
                                                       A.                       target analyte and is equal or
                                                                                greater than 70 percent and less
                                                                                than or equal to 130 percent.

[[Page 66079]]

 
                                  c. Determine the 3- i. The HF mass           (1) Calculate the hourly
                                   hour block          emissions rate for       production-based HF emissions
                                   average             each test run; and.      rate for each test run using
                                   production-based   ii. The average           Equation 3 of Sec.
                                   HF emissions rate.  uncalcined clay          63.9800(g)(3); and
                                                       processing rate.        (2) Calculate the 3-hour block
                                                                                average production-based HF
                                                                                emissions rate as the average of
                                                                                the hourly production-based HF
                                                                                emissions rates for each test
                                                                                run.
                                  d. Determine the    i. Method 26A of 40 CFR  Calculate the HCl mass emissions
                                   HCl mass            part 60, appendix A-8;   rate for each test run.
                                   emissions rate at   or.                     ASTM D6348-12e1 \a\ may be used
                                   the outlet of the  ii. Method 26 of 40 CFR   as an alternative to EPA Method
                                   control device or   part 60, appendix A-8;   320 if the test plan preparation
                                   in the stack.       or.                      and implementation in Annexes A1-
                                                      iii. Method 320 of 40     A8 are mandatory and the %R in
                                                       CFR part 63, appendix    Annex A5 is determined for each
                                                       A.                       target analyte and is equal or
                                                                                greater than 70 percent and less
                                                                                than or equal to 130 percent.
                                  e. Determine the 3- i. The HCl mass          (1) Calculate the hourly
                                   hour block          emissions rate for       production-based HCl emissions
                                   average             each test run; and.      rate for each test run using
                                   production-based   ii. The average           Equation 3 of Sec.
                                   HCl emissions       uncalcined clay          63.9800(g)(3); and
                                   rate.               processing rate.        (2) Calculate the 3-hour block
                                                                                average production-based HCl
                                                                                emissions rate as the average of
                                                                                the production-based HCl
                                                                                emissions rates for each test
                                                                                run.
16. Each new continuous kiln      a. Measure the HF   i. Method 26A of 40 CFR  Calculate the HF mass emissions
 that is subject to the HF and     mass emissions      part 60, appendix A-8;   rates at the control device
 HCl percentage reduction limits   rates at the        or.                      inlet and outlet for each test
 specified in items 10.a. and      inlet and outlet   ii. Method 26 of 40 CFR   run.
 10.b. of Table 1 to this          of the control      part 60, appendix A-8;  ASTM D6348-12e1 \a\ may be used
 subpart.                          device.             or.                      as an alternative to EPA Method
                                                      iii. Method 320 of 40     320 if the test plan preparation
                                                       CFR part 63, appendix    and implementation in Annexes A1-
                                                       A.                       A8 are mandatory and the %R in
                                                                                Annex A5 is determined for each
                                                                                target analyte and is equal or
                                                                                greater than 70 percent and less
                                                                                than or equal to 130 percent.
                                  b. Determine the 3- i. The HF mass           (1) Calculate the hourly HF
                                   hour block          emissions rates at the   percentage reduction using
                                   average HF          inlet and outlet of      Equation 2 of Sec.
                                   percentage          the control device for   63.9800(g)(2); and
                                   reduction.          each test run.          (2) Calculate the 3-hour block
                                                                                average HF percentage reduction
                                                                                as the average of the HF
                                                                                percentage reductions for each
                                                                                test run.
                                  c. Measure the HCl  i. Method 26A of 40 CFR  Calculate the HCl mass emissions
                                   mass emissions      part 60, appendix A-8;   rates at the control device
                                   rates at the        or.                      inlet and outlet for each test
                                   inlet and outlet   ii. Method 26 of 40 CFR   run.
                                   of the control      part 60, appendix A-8;  ASTM D6348-12e1 \a\ may be used
                                   device.             or.                      as an alternative to EPA Method
                                                      iii. Method 320 of 40     320 if the test plan preparation
                                                       CFR part 63, appendix    and implementation in Annexes A1-
                                                       A.                       A8 are mandatory and the %R in
                                                                                Annex A5 is determined for each
                                                                                target analyte and is equal or
                                                                                greater than 70 percent and less
                                                                                than or equal to 130 percent.
                                  d. Determine the 3- i. The HCl mass          (1) Calculate the hourly HCl
                                   hour block          emissions rates at the   percentage reduction using
                                   average HCl         inlet and outlet of      Equation 2 of Sec.
                                   percentage          the control device for   63.9800(g)(2); and
                                   reduction..         each test run.          (2) Calculate the 3-hour block
                                                                                average HCl percentage reduction
                                                                                as the average of HCl percentage
                                                                                reductions for each test run.
17. Each new batch process kiln   a. Measure          i. Method 26A of 40 CFR  (1) Conduct the test while the
 that is used to process clay      emissions of HF     part 60, appendix A-8;   kiln is operating at the maximum
 refractory products.              and HCl at the      or.                      production level; and
                                   inlet and outlet   ii. Method 26 of 40 CFR  (2) You may use EPA Method 26 of
                                   of the control      part 60, appendix A-8;   40 CFR part 60, appendix A, only
                                   device.             or.                      if no acid PM (e.g., HF or HCl
                                                      iii. Method 320 of 40     dissolved in water droplets
                                                       CFR part 63, appendix    emitted by sources controlled by
                                                       A.                       a wet scrubber) is present; and
                                                                               (3) If you use EPA Method 320 of
                                                                                40 CFR part 63, you must follow
                                                                                the analyte spiking procedures
                                                                                of Section 13 of EPA Method 320
                                                                                unless you can demonstrate that
                                                                                the complete spiking procedure
                                                                                has been conducted at a similar
                                                                                source
                                                                               ASTM D6348-12e1 \a\ may be used
                                                                                as an alternative to EPA Method
                                                                                320 if the test plan preparation
                                                                                and implementation in Annexes A1-
                                                                                A8 are mandatory and the %R in
                                                                                Annex A5 is determined for each
                                                                                target analyte and is equal or
                                                                                greater than 70 percent and less
                                                                                than or equal to 130 percent.;
                                                                                and
                                                                               (4) Repeat the performance test
                                                                                if the affected source is
                                                                                controlled with a DLA and you
                                                                                change the source of the
                                                                                limestone used in the DLA.
                                  b. Perform a        i. The appropriate test  (1) Each test run must be
                                   minimum of 2 test   methods specified in     conducted over a separate batch
                                   runs.               items 1 and 17.a. of     cycle unless you satisfy the
                                                       this table.              requirements of Sec.
                                                                                63.9800(f)(3) and (4); and
                                                                               (2) Each test run must consist of
                                                                                a series of 1-hour runs at the
                                                                                inlet and outlet of the control
                                                                                device, beginning with the start
                                                                                of a batch cycle, except as
                                                                                specified in item 17.b.i.4. of
                                                                                this table; and

[[Page 66080]]

 
                                                                               (3) Each test run must continue
                                                                                until the end of the batch
                                                                                cycle, except as specified in
                                                                                item 17.b.i.4. of this table;
                                                                                and
                                                                               (4) If you develop an emissions
                                                                                profile, as described in Sec.
                                                                                63.9802(b), you can limit each
                                                                                test run to the 3-hour peak HF
                                                                                emissions period.
                                  c. Determine the    i. The appropriate test  Determine the hourly mass HF and
                                   hourly HF and HCl   methods specified in     HCl emissions rates at the inlet
                                   mass emissions      items 1 and 17.a. of     and outlet of the control device
                                   rates at the        this table.              for each hour of each test run.
                                   inlet and outlet
                                   of the control
                                   device.
                                  d. Determine the 3- The hourly HF mass       Select the period of 3
                                   hour peak HF        emissions rates at the   consecutive hours over which the
                                   emissions period.   inlet of the control     sum of the hourly HF mass
                                                       device.                  emissions rates at the control
                                                                                device inlet is greater than the
                                                                                sum of the hourly HF mass
                                                                                emissions rates at the control
                                                                                device inlet for any other
                                                                                period of 3 consecutive hours
                                                                                during the test run.
                                  e. Determine the 2- i. The hourly average    (1) Calculate the HF percentage
                                   run block average   HF emissions rates at    reduction for each hour of the 3-
                                   HF percentage       the inlet and outlet     hour peak HF emissions period
                                   reduction for the   of the control device.   using Equation 2 of Sec.
                                   emissions test.                              63.9800(g)(2); and
                                                                               (2) Calculate the average HF
                                                                                percentage reduction for each
                                                                                test run as the average of the
                                                                                hourly HF percentage reductions
                                                                                for the 3-hour peak HF emissions
                                                                                period for that run; and
                                                                               (3) Calculate the 2-run block
                                                                                average HF percentage reduction
                                                                                for the emission test as the
                                                                                average of the average HF
                                                                                percentage reductions for the
                                                                                two test runs.
                                  f. Determine the 2- i. The hourly average    (1) Calculate the HCl percentage
                                   run block average   HCl emissions rates at   reduction for each hour of the 3-
                                   HCl percentage      the inlet and outlet     hour peak HF emissions period
                                   reduction for the   of the control device.   using Equation 2 Sec.
                                   emission test.                               63.9800(g)(2); and
                                                                               (2) Calculate the average HCl
                                                                                percentage reduction for each
                                                                                test run as the average of the
                                                                                hourly HCl percentage reductions
                                                                                for the 3-hour peak HF emissions
                                                                                period for that run; and
                                                                               (3) Calculate the 2-run block
                                                                                average HCl percentage reduction
                                                                                for the emission test as the
                                                                                average of the average HCl
                                                                                percentage reductions for the
                                                                                two test runs.
18. Each new kiln that is used    a. Establish the    Data from the pressure   (1) At least every 15 minutes,
 to process clay refractory        operating limit     drop measurement         measure the pressure drop across
 products and is equipped with a   for the minimum     device during the        the DLA; and
 DLA.                              pressure drop       performance test.       (2) Provide at least one pressure
                                   across the DLA.                              drop measurement during at least
                                                                                three 15-minute periods per hour
                                                                                of testing; and
                                                                               (3) Calculate the hourly average
                                                                                pressure drop across the DLA for
                                                                                each hour of the performance
                                                                                test; and
                                                                               (4) Calculate and record the
                                                                                minimum pressure drop as the
                                                                                average of the hourly average
                                                                                pressure drops across the DLA
                                                                                for the two or three test runs,
                                                                                whichever applies.
                                  b. Establish the    Data from the limestone  (1) Ensure that limestone in the
                                   operating limit     feeder during the        feed hopper, silo, and DLA is
                                   for the limestone   performance test.        free-flowing at all times during
                                   feeder setting.                              the performance test; and
                                                                               (2) Establish the limestone
                                                                                feeder setting 1 week prior to
                                                                                the performance test; and
                                                                               (3) Record and maintain the
                                                                                feeder setting for the 1-week
                                                                                period that precedes the
                                                                                performance test and during the
                                                                                performance test.
19. Each new kiln that is used    a. Document         Data from the            Submit analyses and supporting
 to process clay refractory        conformance with    installation and         documentation demonstrating
 products and is equipped with a   specifications      calibration of the bag   conformance with EPA guidance
 DIFF or DLS/FF.                   and requirements    leak detection system.   and specifications for bag leak
                                   of the bag leak                              detection systems as part of the
                                   detection system.                            Notification of Compliance
                                                                                Status.
                                  b. Establish the    i. Data from the lime    (1) For continuous lime injection
                                   operating limit     feeder during the        systems, ensure that lime in the
                                   for the lime        performance test.        feed hopper or silo is free-
                                   feeder setting.                              flowing at all times during the
                                                                                performance test; and
                                                                               (2) Record the feeder setting for
                                                                                the three test runs; and
                                                                               (3) If the feed rate setting
                                                                                varies during the three test
                                                                                runs, calculate and record the
                                                                                average feed rate for the two or
                                                                                three test runs, whichever
                                                                                applies.

[[Page 66081]]

 
20. Each new kiln that is used    a. Establish the    i. Data from the         (1) At least every 15 minutes,
 to process clay refractory        operating limit     pressure drop            measure the pressure drop across
 products and is equipped with a   for the minimum     measurement device       the scrubber; and
 wet scrubber.                     scrubber pressure   during the performance  (2) Provide at least one pressure
                                   drop.               test.                    drop measurement during at least
                                                                                three 15-minute periods per hour
                                                                                of testing; and
                                                                               (3) Calculate the hourly average
                                                                                pressure drop across the
                                                                                scrubber for each hour of the
                                                                                performance test; and
                                                                               (4) Calculate and record the
                                                                                minimum pressure drop as the
                                                                                average of the hourly average
                                                                                pressure drops across the
                                                                                scrubber for the two or three
                                                                                test runs, whichever applies.
                                  b. Establish the    i. Data from the pH      (1) At least every 15 minutes,
                                   operating limit     measurement device       measure scrubber liquid pH; and
                                   for the minimum     during the performance  (2) Provide at least one pH
                                   scrubber liquid     test.                    measurement during at least
                                   pH.                                          three 15-minute periods per hour
                                                                                of testing; and
                                                                               (3) Calculate the hourly average
                                                                                pH values for each hour of the
                                                                                performance test; and
                                                                               (4) Calculate and record the
                                                                                minimum liquid pH as the average
                                                                                of the hourly average pH
                                                                                measurements for the two or
                                                                                three test runs, whichever
                                                                                applies.
                                  c. Establish the    i. Data from the flow    (1) At least every 15 minutes,
                                   operating limit     rate measurement         measure the scrubber liquid flow
                                   for the minimum     device during the        rate; and
                                   scrubber liquid     performance test.       (2) Provide at least one flow
                                   flow rate.                                   rate measurement during at least
                                                                                three 15-minute periods per hour
                                                                                of testing; and
                                                                               (3) Calculate the hourly average
                                                                                liquid flow rate for each hour
                                                                                of the performance test; and
                                                                               (4) Calculate and record the
                                                                                minimum liquid flow rate as the
                                                                                average of the hourly average
                                                                                liquid flow rates for the two or
                                                                                three test runs, whichever
                                                                                applies.
                                  d. If chemicals     i. Data from the         (1) At least every 15 minutes,
                                   are added to the    chemical feed rate       measure the scrubber chemical
                                   scrubber liquid,    measurement device       feed rate; and
                                   establish the       during the performance  (2) Provide at least one chemical
                                   operating limit     test.                    feed rate measurement during at
                                   for the minimum                              least three 15-minute periods
                                   scrubber chemical                            per hour of testing; and
                                   feed rate.                                  (3) Calculate the hourly average
                                                                                chemical feed rate for each hour
                                                                                of the performance test; and
                                                                               (4) Calculate and record the
                                                                                minimum chemical feed rate as
                                                                                the average of the hourly
                                                                                average chemical feed rates for
                                                                                the two or three test runs,
                                                                                whichever applies.
21. Each new and existing kiln    Measure PM          Method 5 of 40 CFR part
 that is used to process clay      emissions.          60, appendix A-3.
 refractory products that is
 subject to the PM limits
 specified in items 10.c. 11.c,
 12.a, and 13.a of Table 1 to
 this subpart.
22. Each new and existing kiln    Measure Hg          Method 29 of 40 CFR      ASTM D6784-16 \a\ may be used as
 that is used to process clay      emissions.          part 60, appendix A-8.   an alternative to EPA Method 29
 refractory products that is                                                    (portion for Hg only).
 subject to the Hg limits
 specified in items 10.d. 11.d,
 12.b, and 13.b of Table 1 to
 this subpart.
23. Each new and existing kiln    Establish the       Data from the carbon     You must measure the carbon flow
 that is used to process clay      operating limit     flow rate measurement    rate during each test run,
 refractory products and is        for the average     conducted during the     determine and record the block
 equipped with an activated        carbon flow rate.   Hg performance test.     average carbon flow rate values
 carbon injection system.                                                       for the three test runs, and
                                                                                determine and record the 3-hour
                                                                                block average of the recorded
                                                                                carbon flow rate measurements
                                                                                for the three test runs. The
                                                                                average of the three test runs
                                                                                establishes your minimum site-
                                                                                specific activated carbon flow
                                                                                rate operating limit.

[[Page 66082]]

 
24. Each existing kiln that is    Document            Data from the            Submit analyses and supporting
 used to process clay refractory   conformance with    installation and         documentation demonstrating
 products and is equipped with a   specifications      calibration of the bag   conformance with EPA guidance
 FF and a bag leak detection       and requirements    leak detection system.   and specifications for bag leak
 system.                           of the bag leak                              detection systems as part of the
                                   detection system.                            Notification of Compliance
                                                                                Status.
25. Each existing kiln that is    a. Establish the    i. Data from the         (1) At least every 15 minutes,
 used to process clay refractory   operating limit     pressure drop            measure the pressure drop across
 products and is equipped with a   for the minimum     measurement device       the scrubber; and
 wet scrubber.                     scrubber pressure   during the performance  (2) Provide at least one pressure
                                   drop.               test.                    drop measurement during at least
                                                                                three 15-minute periods per hour
                                                                                of testing; and
                                                                               (3) Calculate the hourly average
                                                                                pressure drop across the
                                                                                scrubber for each hour of the
                                                                                performance test; and
                                                                               (4) Calculate and record the
                                                                                minimum pressure drop as the
                                                                                average of the hourly average
                                                                                pressure drops across the
                                                                                scrubber for the two or three
                                                                                test runs, whichever applies.
                                  b. Establish the    i. Data from the flow    (1) At least every 15 minutes,
                                   operating limit     rate measurement         measure the scrubber liquid flow
                                   for the minimum     device during the        rate; and
                                   scrubber liquid     performance test.       (2) Provide at least one flow
                                   flow rate.                                   rate measurement during at least
                                                                                three 15-minute periods per hour
                                                                                of testing; and
                                                                               (3) Calculate the hourly average
                                                                                liquid flow rate for each hour
                                                                                of the performance test; and
                                                                               (4) Calculate and record the
                                                                                minimum liquid flow rate as the
                                                                                average of the hourly average
                                                                                liquid flow rates for the two or
                                                                                three test runs, whichever
                                                                                applies.
----------------------------------------------------------------------------------------------------------------
\a\ Incorporated by reference, see Sec.   63.14.


0
21. Table 5 to Subpart SSSSS is revised to read as follows:

Table 5 to Subpart SSSSS of Part 63--Initial Compliance With Emission 
Limits

    As stated in Sec.  63.9806, you must show initial compliance with 
the emission limits for affected sources according to the following 
table:

------------------------------------------------------------------------
                                For the following
                                 emission limit .  You have demonstrated
           For . . .                   . .          compliance if . . .
 
------------------------------------------------------------------------
1. Each affected source listed  a. Each            i. Emissions measured
 in Table 1 to this subpart.     applicable         using the test
                                 emission limit     methods specified in
                                 listed in Table    Table 4 to this
                                 1 to this          subpart satisfy the
                                 subpart.           applicable emission
                                                    limits specified in
                                                    Table 1 to this
                                                    subpart; and
                                                   ii. You establish and
                                                    have a record of the
                                                    operating limits
                                                    listed in Table 2 to
                                                    this subpart over
                                                    the performance test
                                                    period; and
                                                   iii. You report the
                                                    results of the
                                                    performance test in
                                                    the Notification of
                                                    Compliance Status,
                                                    as specified by Sec.
                                                      63.9812(e)(1) and
                                                    (2).
2. Each new or existing curing  As specified in    You have satisfied
 oven, shape dryer, and kiln     items 3 through    the applicable
 that is used to process         8 of this table.   requirements
 refractory products that use                       specified in items 3
 organic HAP; each new or                           through 8 of this
 existing coking oven and                           table.
 defumer that is used to
 produce pitch-impregnated
 refractory products; each new
 shape preheater that is used
 to produce pitch-impregnated
 refractory products; AND each
 new or existing process unit
 that is exhausted to a
 thermal or catalytic oxidizer
 that also controls emissions
 from an affected shape
 preheater or pitch working
 tank.
3. Each affected continuous     The average THC    The 3-hour block
 process unit that is subject    concentration      average THC emission
 to the THC emission             must not exceed    concentration
 concentration limit listed in   20 ppmvd,          measured during the
 item 2.a., 3.a., 4, or 5 of     corrected to 18    performance test
 Table 1 to this subpart.        percent oxygen.    using EPA Methods
                                                    25A and 3A is equal
                                                    to or less than 20
                                                    ppmvd, corrected to
                                                    18 percent oxygen.

[[Page 66083]]

 
4. Each affected continuous     The average THC    The 3-hour block
 process unit that is subject    percentage         average THC
 to the THC percentage           reduction must     percentage reduction
 reduction limit listed in       equal or exceed    measured during the
 item 2.b. or 3.b. of Table 1    95 percent.        performance test
 to this subpart.                                   using EPA Method 25A
                                                    is equal to or
                                                    greater than 95
                                                    percent.
5. Each affected batch process  The average THC    The 2-run block
 unit that is subject to the     concentration      average THC emission
 THC emission concentration      must not exceed    concentration for
 limit listed in item 6.a.,      20 ppmvd,          the 3-hour peak
 7.a., 8, or 9 of Table 1 to     corrected to 18    emissions period
 this subpart.                   percent oxygen.    measured during the
                                                    performance test
                                                    using EPA Methods
                                                    25A and 3A is equal
                                                    to or less than 20
                                                    ppmvd, corrected to
                                                    18 percent oxygen.
6. Each affected batch process  The average THC    The 2-run block
 unit that is subject to the     percentage         average THC
 THC percentage reduction        reduction must     percentage reduction
 limit listed in item 6.b. or    equal or exceed    for the 3-hour peak
 7.b. of Table 1 to this         95 percent.        emissions period
 subpart.                                           measured during the
                                                    performance test
                                                    using EPA Method 25A
                                                    is equal to or
                                                    exceeds 95 percent.
7. Each affected continuous or  a. The average     i. You have installed
 batch process unit that is      THC                a THC CEMS at the
 equipped with a control         concentration      outlet of the
 device other than a thermal     must not exceed    control device or in
 or catalytic oxidizer and is    20 ppmvd,          the stack of the
 subject to the emission limit   corrected to 18    affected source; and
 listed in item 3 or 7 of        percent oxygen;   ii. You have
 Table 1 to this subpart.        or                 satisfied the
                                b. The average      requirements of PS-8
                                 THC percentage     of 40 CFR part 60,
                                 reduction must     appendix B.
                                 equal or exceed
                                 95 percent.
8. Each affected continuous or  The average THC    i. You have installed
 batch process unit that uses    concentration      a THC CEMS at the
 process changes to reduce       must not exceed    outlet of the
 organic HAP emissions and is    20 ppmvd,          control device or in
 subject to the emission limit   corrected to 18    the stack of the
 listed in item 4 or 8 of        percent oxygen.    affected source; and
 Table 1 to this subpart.                          ii. You have
                                                    satisfied the
                                                    requirements of PS-8
                                                    of 40 CFR part 60,
                                                    appendix B.
9. Each new continuous kiln     a. The average HF  i. The 3-hour block
 that is used to process clay    emissions must     average production-
 refractory products.            not exceed 0.019   based HF emissions
                                 kg/Mg (0.038 lb/   rate measured during
                                 ton) of            the performance test
                                 uncalcined clay    using one of the
                                 processed; OR      methods specified in
                                 the average        item 14.a.i. of
                                 uncontrolled HF    Table 4 to this
                                 emissions must     subpart is equal to
                                 be reduced by at   or less than 0.019
                                 least 90 percent.  kg/Mg (0.038 lb/ton)
                                                    of uncalcined clay
                                                    processed; or
                                                   The 3-hour block
                                                    average HF emissions
                                                    reduction measured
                                                    during the
                                                    performance test is
                                                    equal to or greater
                                                    than 90 percent.
                                b. The average     i. The 3-hour block
                                 HCl emissions      average production-
                                 must not exceed    based HCl emissions
                                 0.091 kg/Mg        rate measured during
                                 (0.18 lb/ton) of   the performance test
                                 uncalcined clay    using one of the
                                 processed; OR      methods specified in
                                 the average        item 14.a.i. of
                                 uncontrolled HCl   Table 4 to this
                                 emissions must     subpart is equal to
                                 be reduced by at   or less than 0.091
                                 least 30 percent.  kg/Mg (0.18 lb/ton)
                                                    of uncalcined clay
                                                    processed; or
                                                   ii. The 3-hour block
                                                    average HCl
                                                    emissions reduction
                                                    measured during the
                                                    performance test is
                                                    equal to or greater
                                                    than 30 percent.
                                c. The average PM  i. The 3-hour block
                                 emissions must     average PM emissions
                                 not exceed 1.4     measured during the
                                 kg/Mg (3.1 lb/     performance test
                                 hr).               using one of the
                                                    methods specified in
                                                    item 21 of Table 4
                                                    to this subpart is
                                                    equal to or less
                                                    than 1.4 kg/Mg (3.1
                                                    lb/hr).
                                d. The average Hg  i. The 3-hour block
                                 emissions must     average Hg emissions
                                 not exceed 6.1     measured during the
                                 [micro]g/dscm at   performance test
                                 18 percent         using one of the
                                 oxygen.            methods specified in
                                                    item 22 of Table 4
                                                    to this subpart is
                                                    equal to or less
                                                    than 6.1 [micro]g/
                                                    dscm at 18 percent
                                                    oxygen.
10. Each new batch process      a. The average     The 2-run block
 kiln that is used to process    uncontrolled HF    average HF emission
 clay refractory products.       emissions must     reduction measured
                                 be reduced by at   during the
                                 least 90 percent.  performance test is
                                                    equal to or greater
                                                    than 90 percent.
                                b. The average     The 2-run block
                                 uncontrolled HCl   average HCl
                                 emissions must     emissions reduction
                                 be reduced by at   measured during the
                                 least 30 percent.  performance test is
                                                    equal to or greater
                                                    than 30 percent.
                                c. The average PM  i. The 2-run block
                                 emissions must     average PM emissions
                                 not exceed 1.4     measured during the
                                 kg/Mg (3.1 lb/     performance test
                                 hr).               using one of the
                                                    methods specified in
                                                    item 21 of Table 4
                                                    to this subpart is
                                                    equal to or less
                                                    than 1.4 kg/Mg (3.1
                                                    lb/hr).
                                d. The average Hg  i. The 2-run block
                                 emissions must     average Hg emissions
                                 not exceed 6.1     measured during the
                                 [micro]g/dscm at   performance test
                                 18 percent         using one of the
                                 oxygen.            methods specified in
                                                    item 22 of Table 4
                                                    to this subpart is
                                                    equal to or less
                                                    than 6.1 [micro]g/
                                                    dscm at 18 percent
                                                    oxygen.
11. Each existing continuous    a. The average PM  i. The 3-hour block
 kiln that is used to produce    emissions must     average PM emissions
 clay refractory products on     not exceed 4.3     measured during the
 and after November 20, 2022.    kg/Mg (9.5 lb/     performance test
                                 hr).               using one of the
                                                    methods specified in
                                                    item 21 of Table 4
                                                    to this subpart is
                                                    equal to or less
                                                    than 4.3 kg/Mg (9.5
                                                    lb/hr).

[[Page 66084]]

 
                                b. The average Hg  i. The 3-hour block
                                 emissions must     average Hg emissions
                                 not exceed 18      measured during the
                                 [micro]g/dscm at   performance test
                                 18 percent         using one of the
                                 oxygen.            methods specified in
                                                    item 22 of Table 4
                                                    to this subpart is
                                                    equal to or less
                                                    than 18 [micro]g/
                                                    dscm at 18 percent
                                                    oxygen.
12. Each existing batch kiln    a. The average PM  i. The 2-run block
 that is used to produce clay    emissions must     average PM emissions
 refractory products on and      not exceed 4.3     measured during the
 after November 20, 2022.        kg/Mg (9.5 lb/     performance test
                                 hr).               using one of the
                                                    methods specified in
                                                    item 21 of Table 4
                                                    to this subpart is
                                                    equal to or less
                                                    than 4.3 kg/Mg (9.5
                                                    lb/hr).
                                b. The average Hg  i. The 2-run block
                                 emissions must     average Hg emissions
                                 not exceed 18      measured during the
                                 [mu]g/dscm at 18   performance test
                                 percent oxygen.    using one of the
                                                    methods specified in
                                                    item 22 of Table 4
                                                    to this subpart is
                                                    equal to or less
                                                    than 18 [micro]g/
                                                    dscm at 18 percent
                                                    oxygen.
------------------------------------------------------------------------


0
22. Table 6 to Subpart SSSSS is revised to read as follows:

Table 6 to Subpart SSSSS of Part 63--Initial Compliance With Work 
Practice Standards

    As stated in Sec.  63.9806, you must show initial compliance with 
the work practice standards for affected sources according to the 
following table:

------------------------------------------------------------------------
                                For the following  You have demonstrated
        For each . . .            standard . . .   initial compliance if
                                                           . . .
------------------------------------------------------------------------
1. Each affected source listed  a. Each            i. You have selected
 in Table 3 to this subpart.     applicable work    a method for
                                 practice           performing each of
                                 standard listed    the applicable work
                                 in Table 3 to      practice standards
                                 this subpart.      listed in Table 3 to
                                                    this subpart; and
                                                   ii. You have included
                                                    in your Initial
                                                    Notification a
                                                    description of the
                                                    method selected for
                                                    complying with each
                                                    applicable work
                                                    practice standard,
                                                    as required by Sec.
                                                     63.9(b); and
                                                   iii. You submit a
                                                    signed statement
                                                    with the
                                                    Notification of
                                                    Compliance Status
                                                    that you have
                                                    implemented the
                                                    applicable work
                                                    practice standard
                                                    listed in Table 3 to
                                                    this subpart; and
                                                   iv. You have
                                                    described in your
                                                    OM&M plan the method
                                                    for complying with
                                                    each applicable work
                                                    practice standard
                                                    specified in Table 3
                                                    to this subpart.
2. Each basket or container     a. Control POM     i. You have
 that is used for holding        emissions from     implemented at least
 fired refractory shapes in an   any affected       one of the work
 existing shape preheater and    shape preheater.   practice standards
 autoclave during the pitch                         listed in item 1 of
 impregnation process.                              Table 3 to this
                                                    subpart; and
                                                   ii. You have
                                                    established a system
                                                    for recording the
                                                    date and cleaning
                                                    method for each time
                                                    you clean an
                                                    affected basket or
                                                    container.
3. Each affected new or         Control POM        You have captured and
 existing pitch working tank.    emissions.         vented emissions
                                                    from the affected
                                                    pitch working tank
                                                    to the device that
                                                    is used to control
                                                    emissions from an
                                                    affected defumer or
                                                    coking oven, or to a
                                                    thermal or catalytic
                                                    oxidizer that is
                                                    comparable to the
                                                    control device used
                                                    on an affected
                                                    defumer or coking
                                                    oven.
4. Each new or existing         Minimize fuel-     You use natural gas,
 chromium refractory products    based HAP          or equivalent, as
 kiln.                           emissions.         the kiln fuel.
5. Each existing clay           Minimize fuel-     You use natural gas,
 refractory products kiln.       based HAP          or equivalent, as
                                 emissions.         the kiln fuel.
6. Each new or existing curing  Minimize fuel-     You use natural gas,
 oven, shape dryer, and kiln     based HAP          or equivalent, as
 that is used to process         emissions.         the kiln fuel.
 refractory products that use
 organic HAP, on and after
 November 19, 2021.
------------------------------------------------------------------------


0
23. Table 7 to Subpart SSSSS is revised to read as follows:

Table 7 to Subpart SSSSS of Part 63--Continuous Compliance With 
Emission Limits

    As stated in Sec.  63.9810, you must show continuous compliance 
with the emission limits for affected sources according to the 
following table:

------------------------------------------------------------------------
                                For the following
                                 emission limit .   You must demonstrate
           For . . .                   . .         continuous compliance
                                                          by . . .
------------------------------------------------------------------------
1. Each affected source listed  a. Each            i. Collecting and
 in Table 1 to this subpart.     applicable         recording the
                                 emission limit     monitoring and
                                 listed in Table    process data listed
                                 1 to this          in Table 2
                                 subpart.           (operating limits)
                                                    to this subpart; and
                                                   ii. Reducing the
                                                    monitoring and
                                                    process data
                                                    associated with the
                                                    operating limits
                                                    specified in Table 2
                                                    to this subpart; and
                                                   iii. Recording the
                                                    results of any
                                                    control device
                                                    inspections; and

[[Page 66085]]

 
                                                   iv. Reporting, in
                                                    accordance with Sec.
                                                      63.9814(e), any
                                                    deviation from the
                                                    applicable operating
                                                    limits specified in
                                                    Table 2 to this
                                                    subpart.
2. Each new or existing curing  As specified in    Satisfying the
 oven, shape dryer, and kiln     items 3 through    applicable
 that is used to process         7 of this table.   requirements
 refractory products that use                       specified in items 3
 organic HAP; each new or                           through 7 of this
 existing coking oven and                           table.
 defumer that is used to
 produce pitch-impregnated
 refractory products; each new
 shape preheater that is used
 to produce pitch-impregnated
 refractory products; AND each
 new or existing process unit
 that is exhausted to a
 thermal or catalytic oxidizer
 that also controls emissions
 from an affected shape
 preheater or pitch working
 tank.
3. Each affected process unit   a. The average     i. Collecting the
 that is equipped with a         THC                applicable data
 thermal or catalytic oxidizer.  concentration      measured by the
                                 must not exceed    control device
                                 20 ppmvd,          temperature
                                 corrected to 18    monitoring system,
                                 percent oxygen;    as specified in
                                 OR the average     items 5, 6, 8, and 9
                                 THC percentage     of Table 8 to this
                                 reduction must     subpart; and
                                 equal or exceed   ii. Reducing the
                                 95 percent.        applicable data
                                                    measured by the
                                                    control device
                                                    temperature
                                                    monitoring system,
                                                    as specified in
                                                    items 5, 6, 8, and 9
                                                    of Table 8 to this
                                                    subpart; and
                                                   iii. Maintaining the
                                                    average control
                                                    device operating
                                                    temperature for the
                                                    applicable averaging
                                                    period specified in
                                                    items 5, 6, 8, and 9
                                                    of Table 2 to this
                                                    subpart at or above
                                                    the minimum
                                                    allowable operating
                                                    temperature
                                                    established during
                                                    the most recent
                                                    performance test.
4. Each affected process unit   The average THC    Operating and
 that is equipped with a         concentration      maintaining a THC
 control device other than a     must not exceed    CEMS at the outlet
 thermal or catalytic oxidizer.  20 ppmvd,          of the control
                                 corrected to 18    device or in the
                                 percent oxygen;    stack of the
                                 OR the average     affected source,
                                 THC performance    according to the
                                 reduction must     requirements of
                                 equal or exceed    Procedure 1 of 40
                                 95 percent.        CFR part 60,
                                                    appendix F.
5. Each affected process unit   The average THC    Operating and
 that uses process changes to    concentration      maintaining a THC
 meet the applicable emission    must not exceed    CEMS at the outlet
 limit.                          20 ppmvd,          of the control
                                 corrected to 18    device or in the
                                 percent oxygen.    stack of the
                                                    affected source,
                                                    according to the
                                                    requirements of
                                                    Procedure 1 of 40
                                                    CFR part 60,
                                                    appendix F.
6. Each affected continuous     The average THC    Recording the organic
 process unit.                   concentration      HAP processing rate
                                 must not exceed    (pounds per hour)
                                 20 ppmvd,          and the operating
                                 corrected to 18    temperature of the
                                 percent oxygen;    affected source, as
                                 OR the average     specified in items
                                 THC percentage     3.b. and 3.c. of
                                 reduction must     Table 4 to this
                                 equal or exceed    subpart.
                                 95 percent.
7. Each affected batch process  The average THC    Recording the organic
 unit.                           concentration      HAP processing rate
                                 must not exceed    (pounds per batch);
                                 20 ppmvd,          and process cycle
                                 corrected to 18    time for each batch
                                 percent oxygen;    cycle; and hourly
                                 OR the average     average operating
                                 THC percentage     temperature of the
                                 reduction must     affected source, as
                                 equal or exceed    specified in items
                                 95 percent.        8.b. through 8.d. of
                                                    Table 4 to this
                                                    subpart.
8. Each new kiln that is used   As specified in    Satisfying the
 to process clay refractory      items 9 through    applicable
 products.                       11 of this table.  requirements
                                                    specified in items 9
                                                    through 11 of this
                                                    table.
9. Each new affected kiln that  a. The average HF  i. Maintaining the
 is equipped with a DLA.         emissions must     pressure drop across
                                 not exceed 0.019   the DLA at or above
                                 kg/Mg (0.038 lb/   the minimum levels
                                 ton) of            established during
                                 uncalcined clay    the most recent
                                 processed, OR      performance test;
                                 the average        and
                                 uncontrolled HF   ii. Verifying that
                                 emissions must     the limestone hopper
                                 be reduced by at   contains an adequate
                                 least 90           amount of free-
                                 percent; and       flowing limestone by
                                b. The average      performing a daily
                                 HCl emissions      visual check of the
                                 must not exceed    limestone in the
                                 0.091 kg/Mg        feed hopper; and
                                 (0.18 lb/ton) of  iii. Recording the
                                 uncalcined clay    limestone feeder
                                 processed, or      setting daily to
                                 the average        verify that the
                                 uncontrolled HCl   feeder setting is at
                                 emissions must     or above the level
                                 be reduced by at   established during
                                 least 30 percent.  the most recent
                                                    performance test;
                                                    and
                                                   iv. Using the same
                                                    grade of limestone
                                                    as was used during
                                                    the most recent
                                                    performance test and
                                                    maintaining records
                                                    of the source and
                                                    grade of limestone.

[[Page 66086]]

 
                                c. The average PM  i. Performing VE
                                 emissions must     observations of the
                                 not exceed 1.4     stack at the
                                 kg/Mg (3.1 lb/     frequency specified
                                 hr); and           in Sec.   63.9810(f)
                                d. The average Hg   using EPA Method 22
                                 emissions must     of 40 CFR part 60,
                                 not exceed 6.1     appendix A-7;
                                 [micro]g/dscm,     maintaining no VE
                                 corrected to 18    from the stack.
                                 percent oxygen.
10. Each new affected kiln      a. The average HF  i. Verifying at least
 that is equipped with a DIFF    emissions must     once each 8-hour
 or DLS/FF.                      not exceed 0.019   shift that lime is
                                 kg/Mg (0.038 lb/   free-flowing by
                                 ton) of            means of a visual
                                 uncalcined clay    check, checking the
                                 processed; OR      output of a load
                                 the average        cell, carrier gas/
                                 uncontrolled HF    lime flow indicator,
                                 emissions must     or carrier gas
                                 be reduced by at   pressure drop
                                 least 90           measurement system;
                                 percent; and       and
                                b. The average     ii. Recording feeder
                                 HCl emissions      setting daily to
                                 must not exceed    verify that the
                                 0.091 kg/Mg        feeder setting is at
                                 (0.18 lb/ton) of   or above the level
                                 uncalcined clay    established during
                                 processed; OR      the most recent
                                 the average        performance test;
                                 uncontrolled HCl   and
                                 emissions must    iii. Initiating
                                 be reduced by at   corrective action
                                 least 30           within 1 hour of a
                                 percent; and.      bag leak detection
                                c. The average PM   system alarm AND
                                 emissions must     completing
                                 not exceed 1.4     corrective actions
                                 kg/Mg (3.1 lb/     in accordance with
                                 hr); and.          the OM&M plan, AND
                                d. The average Hg   operating and
                                 emissions must     maintaining the
                                 not exceed 6.1     fabric filter such
                                 [micro]g/dscm,     that the alarm does
                                 corrected to 18    not engage for more
                                 percent oxygen.    than 5 percent of
                                                    the total operating
                                                    time in a 6-month
                                                    block reporting
                                                    period.
11. Each new affected kiln      a. The average HF  i. Maintaining the
 that is equipped with a wet     emissions must     pressure drop across
 scrubber.                       not exceed 0.019   the scrubber, liquid
                                 kg/Mg (0.038 lb/   pH, and liquid flow
                                 ton) of            rate at or above the
                                 uncalcined clay    minimum levels
                                 processed; OR      established during
                                 the average        the most recent
                                 uncontrolled HF    performance test;
                                 emissions must     and
                                 be reduced by at  ii. If chemicals are
                                 least 90           added to the
                                 percent; and       scrubber liquid,
                                b. The average      maintaining the
                                 HCl emissions      average chemical
                                 must not exceed    feed rate at or
                                 0.091 kg/Mg        above the minimum
                                 (0.18 lb/ton) of   chemical feed rate
                                 uncalcined clay    established during
                                 processed; OR      the most recent
                                 the average        performance test.
                                 uncontrolled HCl
                                 emissions must
                                 be reduced by at
                                 least 30
                                 percent; and.
                                c. The average PM
                                 emissions must
                                 not exceed 1.4
                                 kg/Mg (3.1 lb/
                                 hr); and.
                                d. The average Hg
                                 emissions must
                                 not exceed 6.1
                                 [micro]g/dscm,
                                 corrected to 18
                                 percent oxygen.
12. Each new affected kiln      The average Hg     Collecting the carbon
 that is equipped with an        emissions must     flow rate data
 activated carbon injection      not exceed 6.1     according to Sec.
 system.                         [micro]g/dscm,     63.9804(a); reducing
                                 corrected to 18    the carbon flow rate
                                 percent oxygen.    data to 3-hour block
                                                    averages according
                                                    to Sec.
                                                    63.9804(a);
                                                    maintaining the
                                                    average carbon flow
                                                    rate for each 3-hour
                                                    block period at or
                                                    above the average
                                                    carbon flow rate
                                                    established during
                                                    the Hg performance
                                                    test in which
                                                    compliance was
                                                    demonstrated.
13. Each existing affected      a. The average PM  i. Performing VE
 kiln that is equipped with a    emissions must     observations of the
 DLA or no add-on control.       not exceed 4.3     stack at the
                                 kg/Mg (9.5 lb/     frequency specified
                                 hr); and.          in Sec.   63.9810(f)
                                b. The average Hg   using EPA Method 22
                                 emissions must     of 40 CFR part 60,
                                 not exceed 18      appendix A-7;
                                 [micro]g/dscm,     maintaining no VE
                                 corrected to 18    from the stack.
                                 percent oxygen.
14. Each existing affected      a. The average PM  i. If you use a bag
 kiln that is equipped with a    emissions must     leak detection
 DIFF or DLS/FF.                 not exceed 4.3     system, as
                                 kg/Mg (9.5 lb/     prescribed in Sec.
                                 hr).               63.9804(f),
                                                    initiating
                                                    corrective action
                                                    within 1 hour of a
                                                    bag leak detection
                                                    system alarm AND
                                                    completing
                                                    corrective actions
                                                    in accordance with
                                                    the OM&M plan, AND
                                                    operating and
                                                    maintaining the
                                                    fabric filter such
                                                    that the alarm does
                                                    not engage for more
                                                    than 5 percent of
                                                    the total operating
                                                    time in a 6-month
                                                    block reporting
                                                    period; OR
                                                   ii. Performing VE
                                                    observations of the
                                                    stack at the
                                                    frequency specified
                                                    in Sec.   63.9810(f)
                                                    using EPA Method 22
                                                    of 40 CFR part 60,
                                                    appendix A-7;
                                                    maintaining no VE
                                                    from the stack.

[[Page 66087]]

 
15. Each existing affected      a. The average PM  i. Maintaining the
 kiln that is equipped with a    emissions must     pressure drop across
 wet scrubber.                   not exceed 4.3     the scrubber and
                                 kg/Mg (9.5 lb/     liquid flow rate at
                                 hr); and           or above the minimum
                                b. The average Hg   levels established
                                 emissions must     during the most
                                 not exceed 18      recent performance
                                 [micro]g/dscm,     test.
                                 corrected to 18
                                 percent oxygen.
16. Each existing affected      The average Hg     Collecting the carbon
 kiln that is equipped with an   emissions must     flow rate data
 activated carbon injection      not exceed 18      according to Sec.
 system.                         [micro]g/dscm,     63.9804(a); reducing
                                 corrected to 18    the carbon flow rate
                                 percent oxygen.    data to 3-hour block
                                                    averages according
                                                    to Sec.
                                                    63.9804(a);
                                                    maintaining the
                                                    average carbon flow
                                                    rate for each 3-hour
                                                    block period at or
                                                    above the average
                                                    carbon flow rate
                                                    established during
                                                    the Hg performance
                                                    test in which
                                                    compliance was
                                                    demonstrated.
------------------------------------------------------------------------


0
24. Table 8 to Subpart SSSSS is revised to read as follows:

Table 8 to Subpart SSSSS of Part 63--Continuous Compliance With 
Operating Limits

    As stated in Sec.  63.9810, you must show continuous compliance 
with the operating limits for affected sources according to the 
following table:

------------------------------------------------------------------------
                                For the following
                                operating limit .   You must demonstrate
           For . . .                   . .         continuous compliance
                                                          by . . .
------------------------------------------------------------------------
1. Each affected source listed  a. Each            i. Maintaining all
 in Table 2 to this subpart.     applicable         applicable process
                                 operating limit    and control device
                                 listed in Table    operating parameters
                                 2 to this          within the limits
                                 subpart.           established during
                                                    the most recent
                                                    performance test;
                                                    and
                                                   ii. Conducting
                                                    annually an
                                                    inspection of all
                                                    duct work, vents,
                                                    and capture devices
                                                    to verify that no
                                                    leaks exist and that
                                                    the capture device
                                                    is operating such
                                                    that all emissions
                                                    are properly vented
                                                    to the control
                                                    device in accordance
                                                    with the OM&M plan.
2. Each affected continuous     a. The operating   i. Operating the
 kiln used to manufacture        limits specified   control device on
 refractory products that use    in items 2.a.      the affected kiln
 organic HAP that is equipped    through 2.c. of    during all times
 with a THC control device.      Table 2 to this    except during
                                 subpart.           periods of approved
                                                    scheduled
                                                    maintenance, as
                                                    specified in Sec.
                                                    63.9792(e); and
                                                   ii. Before May 19,
                                                    2022, minimizing HAP
                                                    emissions from the
                                                    affected kiln during
                                                    all periods of
                                                    scheduled
                                                    maintenance of the
                                                    kiln control device
                                                    when the kiln is
                                                    operating and the
                                                    control device is
                                                    out of service; on
                                                    and after May 19,
                                                    2022, minimizing HAP
                                                    emissions during the
                                                    period when the kiln
                                                    is operating and the
                                                    control device is
                                                    out of service by
                                                    complying with the
                                                    applicable standard
                                                    in Table 3 to this
                                                    subpart; and
                                                   iii. Minimizing the
                                                    duration of all
                                                    periods of scheduled
                                                    maintenance of the
                                                    kiln control device
                                                    when the kiln is
                                                    operating and the
                                                    control device is
                                                    out of service; on
                                                    and after May 19,
                                                    2022, the total time
                                                    during which the
                                                    kiln is operating
                                                    and the control
                                                    device is out of
                                                    service for the each
                                                    year on a 12-month
                                                    rolling basis must
                                                    not exceed 750
                                                    hours.
3. Each new or existing curing  As specified in    Satisfying the
 oven, shape dryer, and kiln     items 4 through    applicable
 that is used to process         9 of this table.   requirements
 refractory products that use                       specified in items 4
 organic HAP; each new or                           through 9 of this
 existing coking oven and                           table.
 defumer that is used to
 produce pitch-impregnated
 refractory products; each new
 shape preheater that is used
 to produce pitch-impregnated
 refractory products; AND each
 new or existing process unit
 that is exhausted to a
 thermal or catalytic oxidizer
 that also controls emissions
 from an affected shape
 preheater or pitch working
 tank.
4. Each affected continuous     Maintain process   i. Recording the
 process unit.                   operating          organic HAP
                                 parameters         processing rate
                                 within the         (pounds per hour);
                                 limits             and
                                 established       ii. Recording the
                                 during the most    operating
                                 recent             temperature of the
                                 performance test.  affected source at
                                                    least hourly; and
                                                   iii. Maintaining the
                                                    3-hour block average
                                                    organic HAP
                                                    processing rate at
                                                    or below the maximum
                                                    organic HAP
                                                    processing rate
                                                    established during
                                                    the most recent
                                                    performance test.

[[Page 66088]]

 
5. Continuous process units     Maintain the 3-    i. Measuring and
 that are equipped with a        hour block         recording the
 thermal oxidizer.               average            thermal oxidizer
                                 operating          combustion chamber
                                 temperature in     temperature at least
                                 the thermal        every 15 minutes;
                                 oxidizer           and
                                 combustion        ii. Calculating the
                                 chamber at or      hourly average
                                 above the          thermal oxidizer
                                 minimum            combustion chamber
                                 allowable          temperature; and
                                 operating
                                 temperature
                                 established
                                 during the most
                                 recent
                                 performance test.
                                                   iii. Maintaining the
                                                    3-hour block average
                                                    thermal oxidizer
                                                    combustion chamber
                                                    temperature at or
                                                    above the minimum
                                                    allowable operating
                                                    temperature
                                                    established during
                                                    the most recent
                                                    performance test;
                                                    and
                                                   iv. Reporting, in
                                                    accordance with Sec.
                                                      63.9814(e), any 3-
                                                    hour block average
                                                    operating
                                                    temperature
                                                    measurements below
                                                    the minimum
                                                    allowable thermal
                                                    oxidizer combustion
                                                    chamber operating
                                                    temperature
                                                    established during
                                                    the most recent
                                                    performance test.
6. Continuous process units     a. Maintain the 3- i. Measuring and
 that are equipped with a        hour block         recording the
 catalytic oxidizer.             average            temperature at the
                                 temperature at     inlet of the
                                 the inlet of the   catalyst bed at
                                 catalyst bed at    least every 15
                                 or above the       minutes; and
                                 minimum           ii. Calculating the
                                 allowable          hourly average
                                 catalyst bed       temperature at the
                                 inlet              inlet of the
                                 temperature        catalyst bed; and
                                 established
                                 during the most
                                 recent
                                 performance test.
                                                   iii. Maintaining the
                                                    3-hour block average
                                                    temperature at the
                                                    inlet of the
                                                    catalyst bed at or
                                                    above the minimum
                                                    allowable catalyst
                                                    bed inlet
                                                    temperature
                                                    established during
                                                    the most recent
                                                    performance test;
                                                    and
                                                   iv. Reporting, in
                                                    accordance with Sec.
                                                      63.9814(e), any 3-
                                                    hour block average
                                                    catalyst bed inlet
                                                    temperature
                                                    measurements below
                                                    the minimum
                                                    allowable catalyst
                                                    bed inlet
                                                    temperature
                                                    established during
                                                    the most recent
                                                    performance; and
                                                   v. Checking the
                                                    activity level of
                                                    the catalyst at
                                                    least every 12
                                                    months and taking
                                                    any necessary
                                                    corrective action,
                                                    such as replacing
                                                    the catalyst, to
                                                    ensure that the
                                                    catalyst is
                                                    performing as
                                                    designed.
7. Each affected batch process  Maintain process   i. Recording the
 unit.                           operating          organic HAP
                                 parameters         processing rate
                                 within the         (pounds per batch);
                                 limits             and
                                 established       ii. Recording the
                                 during the most    hourly average
                                 recent             operating
                                 performance test.  temperature of the
                                                    affected source; and
                                                   iii. Recording the
                                                    process cycle time
                                                    for each batch
                                                    cycle; and
                                                   iv. Maintaining the
                                                    organic HAP
                                                    processing rate at
                                                    or below the maximum
                                                    organic HAP
                                                    processing rate
                                                    established during
                                                    the most recent
                                                    performance test.
8. Batch process units that     Maintain the       i. Measuring and
 are equipped with a thermal     hourly average     recording the
 oxidizer.                       temperature in     thermal oxidizer
                                 the thermal        combustion chamber
                                 oxidizer           temperature at least
                                 combustion         every 15 minutes;
                                 chamber at or      and
                                 above the hourly  ii. Calculating the
                                 average            hourly average
                                 temperature        thermal oxidizer
                                 established for    combustion chamber
                                 the                temperature; and
                                 corresponding 1-
                                 hour period of
                                 the cycle during
                                 the most recent
                                 performance test.
                                                   iii. From the start
                                                    of each batch cycle
                                                    until 3 hours have
                                                    passed since the
                                                    process unit reached
                                                    maximum temperature,
                                                    maintaining the
                                                    hourly average
                                                    operating
                                                    temperature in the
                                                    thermal oxidizer
                                                    combustion chamber
                                                    at or above the
                                                    minimum allowable
                                                    operating
                                                    temperature
                                                    established for the
                                                    corresponding period
                                                    during the most
                                                    recent performance
                                                    test, as determined
                                                    according to item 11
                                                    of Table 4 to this
                                                    subpart; and
                                                   iv. For each
                                                    subsequent hour of
                                                    the batch cycle,
                                                    maintaining the
                                                    hourly average
                                                    operating
                                                    temperature in the
                                                    thermal oxidizer
                                                    combustion chamber
                                                    at or above the
                                                    minimum allowable
                                                    operating
                                                    temperature
                                                    established for the
                                                    corresponding hour
                                                    during the most
                                                    recent performance
                                                    test, as specified
                                                    in item 13 of Table
                                                    4 to this subpart;
                                                    and
                                                   v. Reporting, in
                                                    accordance with Sec.
                                                      63.9814(e), any
                                                    temperature
                                                    measurements below
                                                    the minimum
                                                    allowable thermal
                                                    oxidizer combustion
                                                    chamber temperature
                                                    measured during the
                                                    most recent
                                                    performance test.

[[Page 66089]]

 
9. Batch process units that     Maintain the       i. Measuring and
 are equipped with a catalytic   hourly average     recording
 oxidizer.                       temperature at     temperatures at the
                                 the inlet of the   inlet of the
                                 catalyst bed at    catalyst bed at
                                 or above the       least every 15
                                 corresponding      minutes; and
                                 hourly average    ii. Calculating the
                                 temperature        hourly average
                                 established for    temperature at the
                                 the                inlet of the
                                 corresponding 1-   catalyst bed; and
                                 hour period of
                                 the cycle during
                                 the most recent
                                 performance test.
                                                   iii. From the start
                                                    of each batch cycle
                                                    until 3 hours have
                                                    passed since the
                                                    process unit reached
                                                    maximum temperature,
                                                    maintaining the
                                                    hourly average
                                                    operating
                                                    temperature at the
                                                    inlet of the
                                                    catalyst bed at or
                                                    above the minimum
                                                    allowable bed inlet
                                                    temperature
                                                    established for the
                                                    corresponding period
                                                    during the most
                                                    recent performance
                                                    test, as determined
                                                    according to item 12
                                                    of Table 4 to this
                                                    subpart; and
                                                   iv. For each
                                                    subsequent hour of
                                                    the batch cycle,
                                                    maintaining the
                                                    hourly average
                                                    operating
                                                    temperature at the
                                                    inlet of the
                                                    catalyst bed at or
                                                    above the minimum
                                                    allowable bed inlet
                                                    temperature
                                                    established for the
                                                    corresponding hour
                                                    during the most
                                                    recent performance
                                                    test, as specified
                                                    in item 13 of Table
                                                    4 to this subpart;
                                                    and
                                                   v. Reporting, in
                                                    accordance with Sec.
                                                      63.9814(e), any
                                                    catalyst bed inlet
                                                    temperature
                                                    measurements below
                                                    the minimum
                                                    allowable bed inlet
                                                    temperature measured
                                                    during the most
                                                    recent performance
                                                    test; and
                                                   vi. Checking the
                                                    activity level of
                                                    the catalyst at
                                                    least every 12
                                                    months and taking
                                                    any necessary
                                                    corrective action,
                                                    such as replacing
                                                    the catalyst, to
                                                    ensure that the
                                                    catalyst is
                                                    performing as
                                                    designed.
10. Each new kiln that is used  As specified in    Satisfying the
 to process clay refractory      items 11 through   applicable
 products.                       13 of this table.  requirements
                                                    specified in items
                                                    11 through 13 of
                                                    this table.
11. Each new kiln that is       a. Maintain the    i. Collecting the DLA
 equipped a DLA.                 average pressure   pressure drop data,
                                 drop across the    as specified in item
                                 DLA for each 3-    18.a. of Table 4 to
                                 hour block         this subpart; and
                                 period at or      ii. Reducing the DLA
                                 above the          pressure drop data
                                 minimum pressure   to 1-hour and 3-hour
                                 drop established   block averages; and
                                 during the most
                                 recent
                                 performance test.
                                                   iii. Maintaining the
                                                    3-hour block average
                                                    pressure drop across
                                                    the DLA at or above
                                                    the minimum pressure
                                                    drop established
                                                    during the most
                                                    recent performance
                                                    test.
                                b. Maintain free-  Verifying that the
                                 flowing            limestone hopper has
                                 limestone in the   an adequate amount
                                 feed hopper,       of free-flowing
                                 silo, and DLA.     limestone by
                                                    performing a daily
                                                    visual check of the
                                                    limestone hopper.
                                c. Maintain the    Recording the
                                 limestone feeder   limestone feeder
                                 setting at or      setting at least
                                 above the level    daily to verify that
                                 established        the feeder setting
                                 during the most    is being maintained
                                 recent             at or above the
                                 performance test.  level established
                                                    during the most
                                                    recent performance
                                                    test.
                                d. Use the same    Using the same grade
                                 grade of           of limestone as was
                                 limestone from     used during the most
                                 the same source    recent performance
                                 as was used        test and maintaining
                                 during the most    records of the
                                 recent             source and grade of
                                 performance test.  limestone.
                                e. Maintain no VE  i. Performing VE
                                 from the stack.    observations of the
                                                    stack at the
                                                    frequency specified
                                                    in Sec.   63.9810(f)
                                                    using EPA Method 22
                                                    of 40 CFR part 60,
                                                    appendix A-7; and
                                                   ii. Maintaining no VE
                                                    from the stack.
12. Each new kiln that is       a. Initiate        i. Initiating
 equipped with a DIFF or DLS/    corrective         corrective action
 FF.                             action within 1    within 1 hour of a
                                 hour of a bag      bag leak detection
                                 leak detection     system alarm and
                                 system alarm and   completing
                                 complete           corrective actions
                                 corrective         in accordance with
                                 actions in         the OM&M plan; and
                                 accordance with   >ii. Operating and
                                 the OM&M plan;     maintaining the
                                 AND operate and    fabric filter such
                                 maintain the       that the alarm does
                                 fabric filter      not engage for more
                                 such that the      than 5 percent of
                                 alarm does not     the total operating
                                 engage for more    time in a 6-month
                                 than 5 percent     block reporting
                                 of the total       period; in
                                 operating time     calculating this
                                 in a 6-month       operating time
                                 block reporting    fraction, if
                                 period.            inspection of the
                                                    fabric filter
                                                    demonstrates that no
                                                    corrective action is
                                                    required, no alarm
                                                    time is counted; if
                                                    corrective action is
                                                    required, each alarm
                                                    shall be counted as
                                                    a minimum of 1 hour;
                                                    if you take longer
                                                    than 1 hour to
                                                    initiate corrective
                                                    action, the alarm
                                                    time shall be
                                                    counted as the
                                                    actual amount of
                                                    time taken by you to
                                                    initiate corrective
                                                    action.

[[Page 66090]]

 
                                b. Maintain free-  i. Verifying at least
                                 flowing lime in    once each 8-hour
                                 the feed hopper    shift that lime is
                                 or silo at all     free-flowing via a
                                 times for          load cell, carrier
                                 continuous         gas/lime flow
                                 injection          indicator, carrier
                                 systems; AND       gas pressure drop
                                 maintain feeder    measurement system,
                                 setting at or      or other system;
                                 above the level    recording all
                                 established        monitor or sensor
                                 during the most    output, and if lime
                                 recent             is found not to be
                                 performance test   free flowing,
                                 for continuous     promptly initiating
                                 injection          and completing
                                 systems.           corrective actions;
                                                    and
                                                   ii. Recording the
                                                    feeder setting once
                                                    each day of
                                                    operation to verify
                                                    that the feeder
                                                    setting is being
                                                    maintained at or
                                                    above the level
                                                    established during
                                                    the most recent
                                                    performance test.
13. Each new kiln that is used  a. Maintain the    i. Collecting the
 to process clay refractory      average pressure   scrubber pressure
 products and is equipped with   drop across the    drop data, as
 a wet scrubber.                 scrubber for       specified in item
                                 each 3-hour        20.a. of Table 4 to
                                 block period at    this subpart; and
                                 or above the      ii. Reducing the
                                 minimum pressure   scrubber pressure
                                 drop established   drop data to 1-hour
                                 during the most    and 3-hour block
                                 recent             averages; and
                                 performance test.
                                                   iii. Maintaining the
                                                    3-hour block average
                                                    scrubber pressure
                                                    drop at or above the
                                                    minimum pressure
                                                    drop established
                                                    during the most
                                                    recent performance
                                                    test.
                                b. Maintain the    i. Collecting the
                                 average scrubber   scrubber liquid pH
                                 liquid pH for      data, as specified
                                 each 3-hour        in item 20.b. of
                                 block period at    Table 4 to this
                                 or above the       subpart; and
                                 minimum scrubber  ii. Reducing the
                                 liquid pH          scrubber liquid pH
                                 established        data to 1-hour and 3-
                                 during the most    hour block averages;
                                 recent             and
                                 performance test.
                                                   iii. Maintaining the
                                                    3-hour block average
                                                    scrubber liquid pH
                                                    at or above the
                                                    minimum scrubber
                                                    liquid pH
                                                    established during
                                                    the most recent
                                                    performance test.
                                c. Maintain the    i. Collecting the
                                 average scrubber   scrubber liquid flow
                                 liquid flow rate   rate data, as
                                 for each 3-hour    specified in item
                                 block period at    20.c. of Table 4 to
                                 or above the       this subpart; and
                                 minimum scrubber  ii. Reducing the
                                 liquid flow rate   scrubber liquid flow
                                 established        rate data to 1-hour
                                 during the most    and 3-hour block
                                 recent             averages; and
                                 performance test.
                                                   iii. Maintaining the
                                                    3-hour block average
                                                    scrubber liquid flow
                                                    rate at or above the
                                                    minimum scrubber
                                                    liquid flow rate
                                                    established during
                                                    the most recent
                                                    performance test.
                                d. If chemicals    i. Collecting the
                                 are added to the   scrubber chemical
                                 scrubber liquid,   feed rate data, as
                                 maintain the       specified in item
                                 average scrubber   20.d. of Table 4 to
                                 chemical feed      this subpart; and
                                 rate for each 3-  ii. Reducing the
                                 hour block         scrubber chemical
                                 period at or       feed rate data to 1-
                                 above the          hour and 3-hour
                                 minimum scrubber   block averages; and
                                 chemical feed
                                 rate established
                                 during the most
                                 recent
                                 performance test.
                                                   iii. Maintaining the
                                                    3-hour block average
                                                    scrubber chemical
                                                    feed rate at or
                                                    above the minimum
                                                    scrubber chemical
                                                    feed rate
                                                    established during
                                                    the most recent
                                                    performance test.
14. Each new and existing       a. Maintain the    i. Collecting the
 affected kiln that is           average carbon     carbon flow rate
 equipped with an activated      flow rate for      data, as specified
 carbon injection system.        each 3-hour        in item 23 of Table
                                 block period at    4 to this subpart;
                                 or above the       and
                                 average carbon    ii. Reducing the
                                 flow rate          carbon flow rate
                                 established        data to 3-hour block
                                 during the Hg      averages; and
                                 performance test
                                 in which
                                 compliance was
                                 demonstrated.
                                                   iii. Maintaining the
                                                    average carbon flow
                                                    rate for each 3-hour
                                                    block period at or
                                                    above the average
                                                    carbon flow rate
                                                    established during
                                                    the Hg performance
                                                    test in which
                                                    compliance was
                                                    demonstrated.
15. Each existing affected      a. Maintain no VE  i. Performing VE
 kiln that is equipped with a    from the stack.    observations of the
 DLA or no add-on control.                          stack at the
                                                    frequency specified
                                                    in Sec.   63.9810(f)
                                                    using EPA Method 22
                                                    of 40 CFR part 60,
                                                    appendix A-7; and
                                                   ii. Maintaining no VE
                                                    from the stack.
16. Each existing affected      a. Maintain no VE  i. Performing VE
 kiln that is equipped with a    from the stack;    observations of the
 FF.                             OR.                stack at the
                                                    frequency specified
                                                    in Sec.   63.9810(f)
                                                    using EPA Method 22
                                                    of 40 CFR part 60,
                                                    appendix A-7; and
                                                   ii. Maintaining no VE
                                                    from the stack.

[[Page 66091]]

 
                                b. Initiate        i. Initiating
                                 corrective         corrective action
                                 action within 1    within 1 hour of a
                                 hour of a bag      bag leak detection
                                 leak detection     system alarm and
                                 system alarm and   completing
                                 complete           corrective actions
                                 corrective         in accordance with
                                 actions in         the OM&M plan; and
                                 accordance with   ii. Operating and
                                 the OM&M plan;     maintaining the
                                 AND operate and    fabric filter such
                                 maintain the       that the alarm does
                                 fabric filter      not engage for more
                                 such that the      than 5 percent of
                                 alarm does not     the total operating
                                 engage for more    time in a 6-month
                                 than 5 percent     block reporting
                                 of the total       period; in
                                 operating time     calculating this
                                 in a 6-month       operating time
                                 block reporting    fraction, if
                                 period.            inspection of the
                                                    fabric filter
                                                    demonstrates that no
                                                    corrective action is
                                                    required, no alarm
                                                    time is counted; if
                                                    corrective action is
                                                    required, each alarm
                                                    shall be counted as
                                                    a minimum of 1 hour;
                                                    if you take longer
                                                    than 1 hour to
                                                    initiate corrective
                                                    action, the alarm
                                                    time shall be
                                                    counted as the
                                                    actual amount of
                                                    time taken by you to
                                                    initiate corrective
                                                    action.
17. Each existing affected      a. Maintain the    i. Collecting the
 kiln that is equipped with a    average pressure   scrubber pressure
 wet scrubber.                   drop across the    drop data, as
                                 scrubber for       specified in item
                                 each 3-hour        25.a of Table 4 to
                                 block period at    this subpart; and
                                 or above the      ii. Reducing the
                                 minimum pressure   scrubber pressure
                                 drop established   drop data to 1-hour
                                 during the most    and 3-hour block
                                 recent             averages; and
                                 performance test.
                                                   iii. Maintaining the
                                                    3-hour block average
                                                    scrubber pressure
                                                    drop at or above the
                                                    minimum pressure
                                                    drop established
                                                    during the most
                                                    recent performance
                                                    test.
                                b. Maintain the    i. Collecting the
                                 average scrubber   scrubber liquid flow
                                 liquid flow rate   rate data, as
                                 for each 3-hour    specified in item
                                 block period at    25.b. of Table 4 to
                                 or above the       this subpart; and
                                 minimum scrubber  ii. Reducing the
                                 liquid flow rate   scrubber liquid flow
                                 established        rate data to 1-hour
                                 during the most    and 3-hour block
                                 recent             averages; and
                                 performance test.
                                                   iii. Maintaining the
                                                    3-hour block average
                                                    scrubber liquid flow
                                                    rate at or above the
                                                    minimum scrubber
                                                    liquid flow rate
                                                    established during
                                                    the most recent
                                                    performance test.
------------------------------------------------------------------------


0
25. Table 9 to Subpart SSSSS is revised to read as follows:

Table 9 to Subpart SSSSS of Part 63--Continuous Compliance With Work 
Practice Standards

    As stated in Sec.  63.9810, you must show continuous compliance 
with the work practice standards for affected sources according to the 
following table:

------------------------------------------------------------------------
                                For the following
                                  work practice     You must demonstrate
           For . . .              standard . . .   continuous compliance
                                                          by . . .
------------------------------------------------------------------------
1. Each affected source listed  Each applicable    i. Performing each
 in Table 3 to this subpart.     work practice      applicable work
                                 requirement        practice standard
                                 listed in Table    listed in Table 3 to
                                 3 to this          this subpart; and
                                 subpart.          ii. Maintaining
                                                    records that
                                                    document the method
                                                    and frequency for
                                                    complying with each
                                                    applicable work
                                                    practice standard
                                                    listed in Table 3 to
                                                    this subpart, as
                                                    required by Sec.
                                                    Sec.   63.10(b) and
                                                    63.9816(c)(2).
2. Each basket or container     Control POM        i. Controlling
 that is used for holding        emissions from     emissions from the
 fired refractory shapes in an   any affected       volatilization of
 existing shape preheater and    shape preheater.   residual pitch by
 autoclave during the pitch                         implementing one of
 impregnation process.                              the work practice
                                                    standards listed in
                                                    item 1 of Table 3 to
                                                    this subpart; and
                                                   ii. Recording the
                                                    date and cleaning
                                                    method each time you
                                                    clean an affected
                                                    basket or container.
3. Each new or existing pitch   Control POM        Capturing and venting
 working tank.                   emissions.         emissions from the
                                                    affected pitch
                                                    working tank to the
                                                    control device that
                                                    is used to control
                                                    emissions from an
                                                    affected defumer or
                                                    coking oven, or to a
                                                    thermal or catalytic
                                                    oxidizer that is
                                                    comparable to the
                                                    control device used
                                                    on an affected
                                                    defumer or coking
                                                    oven.
4. Each new or existing         Minimize fuel-     i. Before November
 chromium refractory products    based HAP          19, 2021, using
 kiln.                           emissions.         natural gas, or
                                                    equivalent, as the
                                                    kiln fuel at all
                                                    times except during
                                                    periods of natural
                                                    gas curtailment or
                                                    supply interruption;
                                                    on and after
                                                    November 19, 2021,
                                                    using natural gas,
                                                    or equivalent, as
                                                    the kiln fuel at all
                                                    times; and
                                                   ii. Before November
                                                    19, 2021, if you
                                                    intend to use an
                                                    alternative fuel,
                                                    submitting a
                                                    notification of
                                                    alternative fuel use
                                                    within 48 hours of
                                                    the declaration of a
                                                    period of natural
                                                    gas curtailment or
                                                    supply interruption,
                                                    as defined in Sec.
                                                    63.9824; and
                                                   iii. Before November
                                                    19, 2021, submitting
                                                    a report of
                                                    alternative fuel use
                                                    within 10 working
                                                    days after
                                                    terminating the use
                                                    of the alternative
                                                    fuel, as specified
                                                    in Sec.
                                                    63.9814(g).

[[Page 66092]]

 
5. Each existing clay           Minimize fuel-     i. Before November
 refractory products kiln.       based HAP          19, 2021, using
                                 emissions.         natural gas, or
                                                    equivalent, as the
                                                    kiln fuel at all
                                                    times except during
                                                    periods of natural
                                                    gas curtailment or
                                                    supply interruption;
                                                    on and after
                                                    November 19, 2021,
                                                    using natural gas,
                                                    or equivalent, as
                                                    the kiln fuel at all
                                                    times; and
                                                   ii. Before November
                                                    19, 2021, if you
                                                    intend to use an
                                                    alternative fuel,
                                                    submitting a
                                                    notification of
                                                    alternative fuel use
                                                    within 48 hours of
                                                    the declaration of a
                                                    period of natural
                                                    gas curtailment or
                                                    supply interruption,
                                                    as defined in Sec.
                                                    63.9824; and
                                                   iii. Before November
                                                    19, 2021, submitting
                                                    a report of
                                                    alternative fuel use
                                                    within 10 working
                                                    days after
                                                    terminating the use
                                                    of the alternative
                                                    fuel, as specified
                                                    in Sec.
                                                    63.9814(g).
6. Each affected continuous     Minimize organic   i. Operating the
 kiln used to manufacture        HAP emissions.     control device at
 refractory products that use                       all times unless you
 organic HAP that is equipped                       receive
 with an emission control                           Administrator
 device for THC.                                    approval to take the
                                                    control device out
                                                    of service for
                                                    scheduled
                                                    maintenance, as
                                                    specified in Sec.
                                                    63.9792(e); and
                                                   ii. Minimizing HAP
                                                    emissions during the
                                                    period when the kiln
                                                    is operating and the
                                                    control device is
                                                    out of service as
                                                    specified in item 5
                                                    of Table 3 to this
                                                    subpart; and
                                                   iii. On and after
                                                    November 19, 2021,
                                                    recording the actual
                                                    hourly organic HAP
                                                    processing rate for
                                                    the kiln while the
                                                    control device was
                                                    out of service and
                                                    the amount of
                                                    product manufactured
                                                    in the kiln while
                                                    the control device
                                                    was out of service;
                                                    and
                                                   iv. Recording the
                                                    duration of each
                                                    period when the kiln
                                                    is operating and the
                                                    control device is
                                                    out of service and,
                                                    on and after
                                                    November 19, 2021,
                                                    the total amount of
                                                    time per year on a
                                                    12-month rolling
                                                    basis that the kiln
                                                    has operated and the
                                                    control device has
                                                    been out of service.
7. Each new or existing curing  Minimize fuel-     Using natural gas, or
 oven, shape dryer, and kiln     based HAP          equivalent, as the
 that is used to process         emissions.         kiln fuel at all
 refractory products that use                       times.
 organic HAP, on and after
 November 19, 2021.
------------------------------------------------------------------------


0
26. Table 10 to Subpart SSSSS is revised to read as follows:

Table 10 to Subpart SSSSS of Part 63--Requirements for Reports

    As stated in Sec.  63.9814, you must comply with the requirements 
for reports in the following table:

------------------------------------------------------------------------
                                 The report must    You must submit the
  You must submit a(n) . . .      contain . . .         report . . .
------------------------------------------------------------------------
1. Compliance report..........  The information    Semiannually
                                 in Sec.            according to the
                                 63.9814(c)         requirements in Sec.
                                 through (f).         63.9814(a) through
                                                    (f).
2. Before May 19, 2022,         a. Actions taken   By fax or telephone
 immediate SSM report if you     for the event.     within 2 working
 had a startup, shutdown, or                        days after starting
 malfunction during the                             actions inconsistent
 reporting period that is not                       with the plan.
 consistent with your SSMP, on
 and after May 19, 2022,
 immediate SSM report is not
 required.
                                b. The             By letter within 7
                                 information in     working days after
                                 Sec.               the end of the event
                                 63.10(d)(5)(ii).   unless you have made
                                                    alternative
                                                    arrangements with
                                                    the permitting
                                                    authority.
3. Before May 19, 2022, report  The information    If you are subject to
 of alternative fuel use.        in Sec.            the work practice
                                 63.9814(g) and     standard specified
                                 items 4 and 5 of   in item 3 or 4 of
                                 Table 9 to this    Table 3 to this
                                 subpart.           subpart, and you use
                                                    an alternative fuel
                                                    in the affected
                                                    kiln, by letter
                                                    within 10 working
                                                    days after
                                                    terminating the use
                                                    of the alternative
                                                    fuel.
4. Performance test report....  The information    According to the
                                 in Sec.            requirements of Sec.
                                 63.7(g).             63.9814(h).
5. CMS performance evaluation,  The information    According to the
 as required for CEMS.           in Sec.            requirements of Sec.
                                 63.7(g).             63.9814(i).
------------------------------------------------------------------------


0
27. Table 11 to Subpart SSSSS is revised to read as follows:

Table 11 to Subpart SSSSS of Part 63--Applicability of General 
Provisions to Subpart SSSSS

    As stated in Sec.  63.9820, you must comply with the applicable 
General Provisions requirements according to the following table:

[[Page 66093]]



----------------------------------------------------------------------------------------------------------------
                                                                                            Applies to subpart
              Citation                       Subject              Brief description                SSSSS
----------------------------------------------------------------------------------------------------------------
Sec.   63.1........................  Applicability.........  ...........................  Yes.
Sec.   63.2........................  Definitions...........  ...........................  Yes.
Sec.   63.3........................  Units and               ...........................  Yes.
                                      Abbreviations.
Sec.   63.4........................  Prohibited Activities.  Compliance date;             Yes.
                                                              circumvention,
                                                              severability.
Sec.   63.5........................  Construction/           Applicability;               Yes.
                                      Reconstruction.         applications; approvals.
Sec.   63.6(a).....................  Applicability.........  General Provisions (GP)      Yes.
                                                              apply unless compliance
                                                              extension; GP apply to
                                                              area sources that become
                                                              major.
Sec.   63.6(b)(1)-(4)..............  Compliance Dates for    Standards apply at           Yes.
                                      New and Reconstructed   effective date; 3 years
                                      Sources.                after effective date; upon
                                                              startup; 10 years after
                                                              construction or
                                                              reconstruction commences
                                                              for section 112(f).
Sec.   63.6(b)(5)..................  Notification..........  ...........................  Yes.
Sec.   63.6(b)(6)..................  [Reserved]............
Sec.   63.6(b)(7)..................  Compliance Dates for    Area sources that become     Yes.
                                      New and Reconstructed   major must comply with
                                      Area Sources That       major source standards
                                      Become Major.           immediately upon becoming
                                                              major, regardless of
                                                              whether required to comply
                                                              when they were area
                                                              sources.
Sec.   63.6(c)(1)-(2)..............  Compliance Dates for    Comply according to date in  Yes.
                                      Existing Sources.       subpart, which must be no
                                                              later than 3 years after
                                                              effective date; for
                                                              section 112(f) standards,
                                                              comply within 90 days of
                                                              effective date unless
                                                              compliance extension.
Sec.   63.6(c)(3)-(4)..............  [Reserved]............
Sec.   63.6(c)(5)..................  Compliance Dates for    Area sources that become     Yes.
                                      Existing Area Sources   major must comply with
                                      That Become Major.      major source standards by
                                                              date indicated in subpart
                                                              or by equivalent time
                                                              period (for example, 3
                                                              years).
Sec.   63.6(d).....................  [Reserved]............
Sec.   63.6(e)(1)-(2)..............  Operation &             Operate to minimize          Yes before May 19,
                                      Maintenance.            emissions at all times;      2022. No on and after
                                                              correct malfunctions as      May 19, 2022.
                                                              soon as practicable;
                                                              requirements independently
                                                              enforceable; information
                                                              Administrator will use to
                                                              determine if operation and
                                                              maintenance requirements
                                                              were met; see Sec.
                                                              63.9792(b) for general
                                                              duty requirement..
Sec.   63.6(e)(3)..................  SSMP requirements.....  ...........................  Yes before May 19,
                                                                                           2022. No on and after
                                                                                           May 19, 2022.
Sec.   63.6(f)(1)..................  Compliance Except       You must comply with         No.
                                      During SSM.             emission standards at all
                                                              times except during SSM.
Sec.   63.6(f)(2)-(3)..............  Methods for             Compliance based on          Yes.
                                      Determining             performance test,
                                      Compliance.             operation and maintenance
                                                              plans, records, inspection.
Sec.   63.6(g)(1)-(3)..............  Alternative Standard..  Procedures for getting an    Yes.
                                                              alternative standard..
Sec.   63.6(h)(1)-(9)..............  Opacity/Visible         ...........................  Not applicable.
                                      Emission (VE)
                                      Standards.
Sec.   63.6(i)(1)-(14).............  Compliance Extension..  Procedures and criteria for  Yes.
                                                              Administrator to grant
                                                              compliance extension.
Sec.   63.6(j).....................  Presidential            President may exempt source  Yes.
                                      Compliance Exemption.   category.
Sec.   63.7(a)(1)-(2)..............  Performance Test Dates  Dates for conducting         Yes.
                                                              initial performance
                                                              testing and other
                                                              compliance demonstrations;
                                                              must conduct 180 days
                                                              after first subject to
                                                              rule.
Sec.   63.7(a)(3)..................  Section 114 Authority.  Administrator may require a  Yes.
                                                              performance test under CAA
                                                              section 114 at any time.
Sec.   63.7(b)(1)..................  Notification of         Must notify Administrator    Yes.
                                      Performance Test.       60 days before the test.
Sec.   63.7(b)(2)..................  Notification of         Must notify Administrator 5  Yes.
                                      Rescheduling.           days before scheduled date
                                                              and provide rescheduled
                                                              date.
Sec.   63.7(c).....................  Quality Assurance/Test  Requirements; test plan      Yes.
                                      Plan.                   approval procedures;
                                                              performance audit
                                                              requirements; internal and
                                                              external QA procedures for
                                                              testing.
Sec.   63.7(d).....................  Testing Facilities....  ...........................  Yes.
Sec.   63.7(e)(1)..................  Conditions for          See Sec.   63.9800.........  No, Sec.   63.9800
                                      Conducting                                           specifies
                                      Performance Tests.                                   requirements.
Sec.   63.7(e)(2)..................  Conditions for          Must conduct according to    Yes.
                                      Conducting              subpart and EPA test
                                      Performance Tests.      methods unless
                                                              Administrator approves
                                                              alternative.
Sec.   63.7(e)(3)..................  Test Run Duration.....  Must have three test runs    Yes; Yes, except where
                                                              of at least 1 hour each;     specified in Sec.
                                                              compliance is based on       63.9800 for batch
                                                              arithmetic mean of three     process sources; Yes.
                                                              runs; conditions when data
                                                              from an additional test
                                                              run can be used.
Sec.   63.7(f).....................  Alternative Test        ...........................  Yes.
                                      Method.
Sec.   63.7(g).....................  Performance Test Data   ...........................  Yes, except this
                                      Analysis.                                            subpart specifies how
                                                                                           and when the
                                                                                           performance test and
                                                                                           performance
                                                                                           evaluation results
                                                                                           are reported.

[[Page 66094]]

 
Sec.   63.7(h).....................  Waiver of Test........  ...........................  Yes.
Sec.   63.8(a)(1)..................  Applicability of        ...........................  Yes.
                                      Monitoring
                                      Requirements.
Sec.   63.8(a)(2)..................  Performance             Performance Specifications   Yes.
                                      Specifications.         in appendix B of 40 CFR
                                                              part 60 apply.
Sec.   63.8(a)(3)..................  [Reserved]............
Sec.   63.8(a)(4)..................  Monitoring with Flares  ...........................  Not applicable.
Sec.   63.8(b)(1)..................  Monitoring............  Must conduct monitoring      Yes.
                                                              according to standard
                                                              unless Administrator
                                                              approves alternative.
Sec.   63.8(b)(2)-(3)..............  Multiple Effluents and  Specific requirements for    Yes.
                                      Multiple Monitoring     installing and reporting
                                      Systems.                on monitoring systems.
Sec.   63.8(c)(1)..................  Continuous Monitoring   Maintenance consistent with  Yes before May 19,
                                      System Operation and    good air pollution control   2022. No on and after
                                      Maintenance.            practices.                   May 19, 2022.
Sec.   63.8(c)(2)-(3)..............  Monitoring System       Must install to get          Yes.
                                      Installation.           representative emission
                                                              and parameter measurements.
Sec.   63.8(c)(4)..................  CMS Requirements......  ...........................  No, Sec.   63.9808
                                                                                           specifies
                                                                                           requirements.
Sec.   63.8(c)(5)..................  COMS Minimum            ...........................  Not applicable.
                                      Procedures.
Sec.   63.8(c)(6)..................  CMS Requirements......  ...........................  Applies only to
                                                                                           sources required to
                                                                                           install and operate a
                                                                                           THC CEMS.
Sec.   63.8(c)(7)(i)(A)............  CMS Requirements......  ...........................  Applies only to
                                                                                           sources required to
                                                                                           install and operate a
                                                                                           THC CEMS.
Sec.   63.8(c)(7)(i)(B)............  CMS Requirements......  ...........................  Applies only to
                                                                                           sources required to
                                                                                           install and operate a
                                                                                           THC CEMS.
Sec.   63.8(c)(7)(i)(C)............  CMS Requirements......  ...........................  Not applicable.
Sec.   63.8(c)(7)(ii)..............  CMS Requirements......  Corrective action required   Yes.
                                                              when CMS is out of control.
Sec.   63.8(c)(8)..................  CMS Requirements......  ...........................  Yes.
Sec.   63.8(d)(1) and (2)..........  CMS Quality Control...  ...........................  Yes.
Sec.   63.8(d)(3)..................  Written procedures for  ...........................  No, Sec.
                                      CMS.                                                 63.9794(a)(8)
                                                                                           specifies
                                                                                           requirements.
Sec.   63.8(e).....................  CMS Performance         ...........................  Applies only to
                                      Evaluation.                                          sources required to
                                                                                           install and operate a
                                                                                           THC CEMS, except this
                                                                                           subpart specifies how
                                                                                           and when the
                                                                                           performance
                                                                                           evaluation results
                                                                                           are reported.
Sec.   63.8(f)(1)-(5)..............  Alternative Monitoring  ...........................  Yes.
                                      Method.
Sec.   63.8(f)(6)..................  Alternative to          ...........................  Yes.
                                      Relative Accuracy
                                      Test.
Sec.   63.8(g).....................  Data Reduction........  ...........................  Applies only to
                                                                                           sources required to
                                                                                           install and operate a
                                                                                           THC CEMS.
Sec.   63.9(a).....................  Notification            ...........................  Yes.
                                      Requirements.
Sec.   63.9(b)(1)-(5)..............  Initial Notifications.  ...........................  Yes.
Sec.   63.9(c).....................  Request for Compliance  ...........................  Yes.
                                      Extension.
Sec.   63.9(d).....................  Notification of         ...........................  Yes.
                                      Special Compliance
                                      Requirements for New
                                      Source.
Sec.   63.9(e).....................  Notification of         Notify Administrator 60      Yes.
                                      Performance Test.       days prior.
Sec.   63.9(f).....................  Notification of VE/     ...........................  Not applicable.
                                      Opacity Test.
Sec.   63.9(g).....................  Additional              ...........................  Applies only to
                                      Notifications When                                   sources required to
                                      Using CMS.                                           install and operate a
                                                                                           THC CEMS.
Sec.   63.9(h).....................  Notification of         ...........................  Yes.
                                      Compliance Status.
Sec.   63.9(i).....................  Adjustment of           ...........................  Yes.
                                      Submittal Deadlines.
Sec.   63.9(j).....................  Change in Previous      ...........................  Yes.
                                      Information.
Sec.   63.9(k).....................  Notifications.........  Electronic reporting         Yes, only as specified
                                                              procedures.                  in Sec.   63.9(j).
Sec.   63.10(a)....................  Recordkeeping/          ...........................  Yes.
                                      Reporting.
Sec.   63.10(b)(1).................  General Recordkeeping   ...........................  Yes.
                                      Requirements.

[[Page 66095]]

 
Sec.   63.10(b)(2)(i)-(ii).........  Recordkeeping of        See Sec.   63.9816.........  Yes before May 19,
                                      Occurrence and                                       2022. No on and after
                                      Duration of Startups                                 May 19, 2022.
                                      and Shutdowns and
                                      Failures to Meet
                                      Standards.
Sec.   63.10(b)(2)(iii)............  Recordkeeping Relevant  ...........................  Yes.
                                      to Maintenance of Air
                                      Pollution Control and
                                      Monitoring Equipment.
Sec.   63.10(b)(2)(iv)-(v).........  Actions Taken to        ...........................  Yes before May 19,
                                      Minimize Emissions                                   2022. No on and after
                                      during SSM.                                          May 19, 2022.
Sec.   63.10(b)(2)(vi).............  Recordkeeping for CMS   See Sec.   63.9816(c)(5)...  Yes before May 19,
                                      Malfunctions.                                        2022. No on and after
                                                                                           May 19, 2022.
Sec.   63.10(b)(2)(vii)-(xi).......  Records...............  Measurements to demonstrate  Yes.
                                                              compliance with emission
                                                              limitations; performance
                                                              test, performance
                                                              evaluation, and visible
                                                              emission observation
                                                              results; measurements to
                                                              determine conditions of
                                                              performance tests and
                                                              performance evaluations.
Sec.   63.10(b)(2)(xii)............  Records...............  Records when under waiver..  Yes.
Sec.   63.10(b)(2)(xiii)...........  Records...............  Records when using           Not applicable.
                                                              alternative to relative
                                                              accuracy test.
Sec.   63.10(b)(2)(xiv)............  Records...............  All documentation            Yes.
                                                              supporting Initial
                                                              Notification and
                                                              Notification of Compliance
                                                              Status.
Sec.   63.10(b)(3).................  Records...............  Applicability                Yes.
                                                              Determinations.
Sec.   63.10(c)(1), (c)(5)-(6).....  Additional Records for  ...........................  Yes.
                                      CMS.
Sec.   63.10(c)(2)-(4).............  Records...............  Additional Records for CMS.  Not applicable.
Sec.   63.10(c)(7)-(8).............  Records of excess       Sec.   63.9816 specifies     No.
                                      emissions and           requirements..
                                      parameter monitoring
                                      exceedances for CMS.
Sec.   63.10(c)(9).................  Records...............  Additional Records for CMS.  Not applicable.
Sec.   63.10(c)(10)-(14)...........  Additional Records for  ...........................  Yes.
                                      CMS.
Sec.   63.10(c)(15)................  Records Regarding the   ...........................  Yes before May 19,
                                      SSMP.                                                2022. No on and after
                                                                                           May 19, 2022.
Sec.   63.10(d)(1).................  General Reporting       Requirements for reporting.  Yes.
                                      Requirements.
Sec.   63.10(d)(2).................  Report of Performance   When to submit to Federal    No. This subpart
                                      Test Results.           or State authority.          specifies how and
                                                                                           when the performance
                                                                                           test results are
                                                                                           reported.
Sec.   63.10(d)(3).................  Reporting Opacity or    ...........................  Not applicable.
                                      VE Observations.
Sec.   63.10(d)(4).................  Progress Reports......  Must submit progress         Yes.
                                                              reports on schedule if
                                                              under compliance extension.
Sec.   63.10(d)(5).................  SSM Reports...........  Contents and submission See  Yes before May 19,
                                                              Sec.   63.9814 (d) and (e)   2022. No on and after
                                                              for malfunction reporting    May 19, 2022.
                                                              requirements..
Sec.   63.10(e)(1)-(2).............  Additional CMS Reports  ...........................  Applies only to
                                                                                           sources required to
                                                                                           install and operate a
                                                                                           THC CEMS, except this
                                                                                           subpart specifies how
                                                                                           and when the
                                                                                           performance
                                                                                           evaluation results
                                                                                           are reported.
Sec.   63.10(e)(3).................  Reports...............  ...........................  No, Sec.   63.9814
                                                                                           specifies
                                                                                           requirements.
Sec.   63.10(e)(4).................  Reporting COMS data...  ...........................  Not applicable.
Sec.   63.10(f)....................  Waiver for              ...........................  Yes.
                                      Recordkeeping/
                                      Reporting.
Sec.   63.11.......................  Flares................  ...........................  Not applicable.
Sec.   63.12.......................  Delegation............  ...........................  Yes.
Sec.   63.13.......................  Addresses.............  ...........................  Yes.
Sec.   63.14.......................  Incorporation by        ...........................  Yes.
                                      Reference.
Sec.   63.15.......................  Availability of         ...........................  Yes.
                                      Information and
                                      Confidentiality.
Sec.   63.16.......................  Performance Track       ...........................  Yes.
                                      Provisions.
----------------------------------------------------------------------------------------------------------------


[[Page 66096]]

[FR Doc. 2021-24100 Filed 11-18-21; 8:45 am]
BILLING CODE 6560-50-P


