National Emission Standards for Hazardous Air Pollutants for Refractory Products Manufacturing, 7415-7441 [06-1218]

Download as PDF wwhite on PROD1PC65 with RULES Federal Register / Vol. 71, No. 29 / Monday, February 13, 2006 / Rules and Regulations experienced State inspectors who are responsible for operating State PCB and asbestos compliance monitoring programs. This would not be in the public interest since States with compliance monitoring programs depend on EPA grant funds to retain the skilled personnel needed for effective program implementation. Moreover, in States that scale back programs due to funding reductions, any turnover of experienced inspectors would require EPA to divert its limited grant dollars from high priority compliance monitoring activities to training new inspectors. 2. States with existing TSCA asbestos and PCB compliance monitoring programs depend on EPA grant funding to run these programs and State activities under the grants comprise a significant portion of EPA’s national program for ensuring compliance with the TSCA asbestos and PCB requirements. Under a competition, these States may receive zero or reduced funding, which could cause them to discontinue their programs or cut back on inspections, potentially leading to an increased rate of non-compliance with PCB and asbestos regulations. Noncompliance with the regulations would pose a public health risk associated with the improper handling of PCB and asbestos materials. 3. Regions need to be able to work closely with States to ensure that their compliance monitoring programs meet current EPA standards and policies to ensure a cooperative and effective inspection program. Building and maintaining on-going State capacity is an important outcome of this grant program. This is particularly true for States seeking to become waiver States for purposes of the Asbestos Hazard Emergency Response Act (AHERA), which means they run the program entirely including the enforcement component. The need for such intensive interaction both before and during the application process makes it impracticable to compete these grants. This grant regulatory change is not subject to notice and comment requirements under the Administrative Procedures Act or any other statute and can be taken by EPA as a final action. Accordingly, the text of § 35.312 will read as follows: ‘‘EPA will allot and award Toxic Substances Control Act compliance monitoring grant funds to States in accordance with national program guidance.’’ In addition, EPA is renaming the title of this section ‘‘Basis for allotment’’ from ‘‘Competitive process’’. Statutory and Executive Order Reviews: Under Executive Order 12866 VerDate Aug<31>2005 17:25 Feb 10, 2006 Jkt 208001 (58 FR 51735, October 4, 1993), this action is not a ‘‘significant regulatory action’’ and is therefore not subject to OMB review. Because this grant action is not subject to notice and comment requirements under the Administrative Procedures Act or any other statute, it is not subject to the Regulatory Flexibility Act (5 U.S.C. 601 et. seq.) or sections 202 and 205 of the Unfunded Mandates Reform Act of 1999 (UMRA) (Pub. L. 104–4). In addition, this action does not significantly or uniquely affect small governments. This action does not have tribal implications, as specified in Executive Order 13175 (63 FR 67249, November 9, 2000). This action will not have federalism implications, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This action is not subject to Executive Order 13211, ‘‘Actions Concerning Regulations that Significantly Affect Energy Supply, Distribution, or Use’’ (66 FR 28355, May 22, 2001), because it is not a significant regulatory action under Executive Order 12866. This action does not involve technical standards; thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This action does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). The Congressional Review Act, 5 U.S.C. 801 et seq., generally provides that before certain actions may take affect, the agency promulgating the action must submit a report, which includes a copy of the action, to each House of the Congress and to the Comptroller General of the United States. Since this final grant action contains legally binding requirements, it is subject to the Congressional Review Act, and EPA will submit this action in its report to Congress under the Act prior to publication of the rule in the Federal Register. This rule is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). List of Subjects in 40 CFR Part 35 Environmental protection, Administrative practices and procedures, Grant programsenvironmental protection, Reporting and recordkeeping requirements. Dated: January 31, 2006. Stephen L. Johnson, Administrator. EPA amends 40 CFR part 35 as follows: I PART 35—[AMENDED] 1. The authority citation for part 35, subpart A continues to read as follows: I PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 7415 Authority: 42 U.S.C. 7401 et seq.; 33 U.S.C 1251 et seq.; 42 U.S.C. 300f et seq.; 42 U.S.C. 6901 et seq.; 7 U.S.C. 136 et seq.; 15 U.S.C. 2601 et seq.; 42 U.S.C. 13101 et seq.; Pub. L. 104–134, 110 Stat. 1321, 1321–299 (1996); Pub. L. 105–65, 111 Stat. 1344, 1373 (1997). 2. Section 35.312 is revised to read as follows: I § 35.312 Basis for allotment. EPA will allot and award Toxic Substances Control Act Compliance Monitoring grant funds to States based on national program guidance. [FR Doc. 06–1309 Filed 2–10–06; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 63 [OAR–2002–0088, FRL–8008–2] RIN 2060–AM90 National Emission Standards for Hazardous Air Pollutants for Refractory Products Manufacturing Environmental Protection Agency (EPA). ACTION: Direct final rule; amendments. AGENCY: SUMMARY: The EPA is taking direct final action on amendments to the national emission standards for hazardous air pollutants (NESHAP) for new and existing refractory products manufacturing facilities, which were promulgated on April 16, 2003, under section 112(d) of the Clean Air Act (CAA). The amendments clarify the testing and monitoring requirements and startup and shutdown requirements for batch processes, make certain technical corrections, and add recent changes to be consistent with the NESHAP General Provisions. DATES: The direct final rule is effective on April 14, 2006 without further notice, unless adverse comments are received by March 15, 2006 or by March 30, 2006 if a public hearing is requested. If we receive such comment, we will publish a timely withdrawal in the Federal Register indicating which amendments will become effective and which amendments are being withdrawn due to adverse comment. ADDRESSES: Submit your comments, identified by Docket ID No. OAR–2002– 0088, by one of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the on-line instructions for submitting comments. • Agency Web site: https:// www.epa.gov/edocket. EDOCKET, EPA’s electronic public docket and comment E:\FR\FM\13FER1.SGM 13FER1 7416 Federal Register / Vol. 71, No. 29 / Monday, February 13, 2006 / Rules and Regulations system, is EPA’s preferred method for receiving comments. Follow the on-line instructions for submitting comments. • E-mail: a-and-r-docket@epa.gov and fairchild.susan@epa.gov. • Fax: (202) 566–1741 and (919) 541– 5600. • Mail: U.S. Postal Service, send comments to: EPA Docket Center (6102T), Attn: Docket ID No. OAR– 2002–0088, 1200 Pennsylvania Ave., NW., Washington, DC 20460. Please include a total of two copies. • Hand Delivery: In person or by courier, deliver comments to: EPA Docket Center (6102T), Attention Docket ID No. OAR–2002–0088, 1301 Constitution Avenue, NW., Room B– 108, Washington, DC 20004. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. Please include a total of two copies. Instructions: Direct your comments to Docket ID No. OAR–2002–0088. The EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at https:// www.epa.gov/edkpub/index.jsp, including any personal information provided, unless the comment includes information claimed to be confidential business information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through EDOCKET, regulations.gov, or e-mail. Send or deliver information identified as CBI only to the following address: Mr. Roberto Morales, OAQPS Document Control Officer, EPA (C404–02), Attention Docket ID No. OAR–2002– 0088, Research Triangle Park, NC 27711. Clearly mark the part or all of the information that you claim to be CBI. The EPA EDOCKET and the Federal regulations.gov websites are ‘‘anonymous access’’ systems, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through EDOCKET or regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA’s public docket visit EDOCKET on-line or see the Federal Register of May 31, 2002 (67 FR 38102). Docket: All documents in the docket are listed in the EDOCKET index at https://www.epa.gov/edkpub/index.jsp. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in EDOCKET or in hard copy form at the EPA Docket Center, Docket ID No. OAR–2002–0088, EPA West Building, Room B–102, 1301 Constitution Ave., NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the EPA Docket Center is (202) 566–1742. For further information contact Susan Fairchild, EPA, Office of Air Quality Planning and Standards, Emission Standards Division, Minerals and Inorganic Chemicals Group (C504–05), Research Triangle Park, NC 27711; telephone number (919) 541–5167; fax number (919) 541–5600; e-mail address: fairchild.susan@epa.gov. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Regulated Entities. Categories and entities potentially regulated by this action include those listed in the following table: TABLE 1.—REGULATED ENTITIES TABLE Category NAICS* Industrial ........................................................................................................ Industrial ........................................................................................................ 327124 327125 Examples of regulated entities Clay refractories manufacturing plants. Nonclay refractories manufacturing plants. wwhite on PROD1PC65 with RULES *North American Industry Classification System This table is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be regulated by this action. To determine whether your facility is regulated by this action, you should examine the applicability criteria in 40 CFR 63.9782 of the Refractory Products Manufacturing NESHAP. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed in the preceding FOR FURTHER INFORMATION CONTACT section. Worldwide Web (WWW). In addition to being available in the docket, an electronic copy of today’s document will also be available on the WWW. Following the Administrator’s signature, VerDate Aug<31>2005 17:25 Feb 10, 2006 Jkt 208001 a copy of this action will be posted at https://www.epa.gov/ttn/oarpg on EPA’s Technology Transfer Network (TTN) policy and guidance page for newly proposed or promulgated rules. The TTN provides information and technology exchange in various areas of air pollution control. Comments. We are publishing the direct final rule without prior proposal because we view the amendments as noncontroversial and do not anticipate adverse comments because the amendments clarify several of the requirements of the NESHAP, bring the NESHAP into consistency with the General Provisions to 40 CFR part 63, and make technical corrections to the NESHAP. However, in the Proposed PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 Rules section of this Federal Register, we are publishing a separate document that will serve as the proposal to amend the NESHAP for refractory products manufacturing facilities if adverse comments are filed. If we receive adverse comment on one or more distinct amendments, we will publish a timely withdrawal in the Federal Register informing the public which amendments will become effective, and which amendments are being withdrawn due to adverse comment. We will address all public comments on withdrawn amendments in a subsequent final rule. We will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. E:\FR\FM\13FER1.SGM 13FER1 Federal Register / Vol. 71, No. 29 / Monday, February 13, 2006 / Rules and Regulations Judicial Review. Under section 307(b)(1) of the CAA, judicial review of the direct final rule amendments is available only by filing a petition for review in the United States Court of Appeals for the District of Columbia Circuit by April 14, 2006. Under section 307(d)(7)(B) of the CAA, only an objection to the direct final rule which was raised with reasonable specificity during the period for public comment can be raised during judicial review. Moreover, under section 307(b)(2) of the CAA, the requirements established by the direct final rule may not be challenged separately in any civil or criminal proceedings brought by EPA to enforce these requirements. Outline. The information presented in this preamble is organized as follows: wwhite on PROD1PC65 with RULES I. Background II. Amendments to 40 CFR Part 63, Subpart SSSSS A. Emission Testing B. Control Device Operation C. Operating Limits D. Monitoring E. Other Changes III. Statutory and Executive Order Reviews A. Executive Order 12866, Regulatory Planning and Review B. Paperwork Reduction Act C. Regulatory Flexibility Act D. Unfunded Mandates Reform Act E. Executive Order 13132, Federalism F. Executive Order 13175, Consultation and Coordination With Indian Tribal Governments G. Executive Order 13045, Protection of Children From Environmental Health Risks and Safety Risks H. Executive Order 13211, Actions That Significantly Affect Energy Supply, Distribution, or Use I. National Technology Transfer and Advancement Act J. Congressional Review Act I. Background The EPA promulgated the NESHAP for new and existing refractory products manufacturing facilities on April 16, 2003 (68 FR 18730) as 40 CFR part 63, subpart SSSSS. Shortly after promulgation of the Refractory Products Manufacturing NESHAP, EPA also promulgated amendments to the General Provisions to 40 CFR part 63 (68 FR 32586, May 30, 2003). After reviewing the final amendments to the General Provisions and comparing those to the Refractory Products Manufacturing NESHAP, we discovered discrepancies between sections of the General Provisions as cited in the NESHAP and the newly amended sections of the General Provisions. We also identified minor technical errors and other specific sections of the Refractory Products Manufacturing NESHAP that needed clarification. VerDate Aug<31>2005 17:25 Feb 10, 2006 Jkt 208001 Today’s action includes amendments to the Refractory Products Manufacturing NESHAP that clarify the requirements for testing, control device operation, operating limits, and monitoring. II. Amendments to 40 CFR Part 63, Subpart SSSSS A. Emission Testing The Refractory Products Manufacturing NESHAP specify several requirements that pertain to the testing of batch process sources. Because emissions of hazardous air pollutants (HAP) from a batch process source can vary significantly over the course of a batch cycle, the NESHAP specify emission limits in terms of the peak emissions period. In today’s action, we are revising the definition of the peak emissions period in terms of the applicable emission limits to include separate definitions for the 3-hour peak total hydrocarbons (THC) mass emissions period, which applies to batch process sources that comply with the THC percentage reduction limit; the 3-hour peak THC emissions concentration period, which applies to batch sources that satisfy the THC emission concentration limit; and the 3hour peak hydrogen fluoride (HF) mass emissions period, which pertains to the emission limits for batch process clay refractory products kilns. All references to the peak emissions period in the tables to 40 CFR part 63, subpart SSSSS, have been revised for consistency. The NESHAP include provisions to allow the owner or operator of an affected batch process source to develop an emissions profile and use the profile to limit emissions testing to the peak emissions period. In today’s action, we are amending 40 CFR 63.9802 to clarify that emissions profiles for sources subject to the THC emission limits must be developed using data collected at the maximum organic HAP processing rate. This amendment also clarifies that a new emissions profile must be developed if a facility wants to use an emissions profile to limit testing to the peak emissions period at a process, but increases its maximum organic HAP processing rate at that process. In addition, we are amending 40 CFR 63.9802 to clarify that emissions profiles for batch process clay refractory kilns must be developed using data from when the kiln is processing the clay refractory product with the highest uncalcined clay processing rate. We are amending 40 CRF 63.9798(a) to eliminate the reference to permit renewal, and stating that subsequent performance tests must be conducted at least every 5 years. Item 1(b)(i)(1) of PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 7417 Table 4 to Subpart SSSSS of Part 63 is amended to clarify that a sampling port is also required at the control device inlet if the owner or operator plans to develop an emissions profile or use the provision for reducing the operating temperature of a thermal or catalytic oxidizer on an affected batch process source. In both cases, sampling is required at the control device inlet. Item 8(a)(i)(5) of Table 4 to Subpart SSSSS of Part 63 is amended to specify the THC concentration in terms of the outlet of the control device. We also made other minor changes to this provision in Table 4 to simplify the wording. Item 13 of Table 4 to Subpart SSSSS of Part 63 is amended to eliminate the reference to the THC percentage reduction limit. We have clarified that regardless of which THC emission limit applies to a specific source, the owner or operator of the source must measure not only the THC concentration, but also the oxygen concentration at the control device inlet for at least the 1hour period that immediately follows the temperature reduction. This measurement is necessary for demonstrating that the source is meeting the limit of 20 parts per million dry volume (ppmvd) THC, corrected to 18 percent oxygen, after the oxidizer temperature has been reduced. Item 13.a.5 of Table 4 to Subpart SSSSS of Part 63 is amended to clarify that only the THC emissions concentration limit applies following any reduction in the oxidizer temperature. We received comment on the proposed rule (67 FR 42108, June 20, 2002) requesting a second emission limit be allowed for sources wanting to meet a percentage reduction limit rather than an emission concentration limit. The commenter believed that since EPA had promulgated percentage reduction limits for other MACT standards to reduce emissions of THC, and since air pollution control devices are usually rated and installed with a minimum percent reduction achieved by the devices, that emission limit would be simpler to meet. At promulgation of the final rule (68 FR 18730, April 16, 2003), we changed the rule to allow regulated sources to meet either the percentage reduction limit or the concentration limit. In the final rule, we allowed the choice between either the percentage reduction limit or the concentration limit, but required owners and operators to meet the selected emission limit during all times of operation. We also allowed owners and operators the option to turn off the control device when it was no longer needed. However, for those owners or operators E:\FR\FM\13FER1.SGM 13FER1 7418 Federal Register / Vol. 71, No. 29 / Monday, February 13, 2006 / Rules and Regulations wwhite on PROD1PC65 with RULES meeting the percentage reduction compliance option, it is not possible to meet that limit if the control device is not in operation. We believe that conserving energy is a beneficial option for all owners and operators, and regardless of the compliance option selected, all should have the opportunity to benefit from turning off the control device when it is no longer needed. Thus, we are clarifying that whether an owner or operator shows compliance with the percentage reduction limit or the concentration limit, compliance with the rule for a unit with a control device no longer in operation may only be demonstrated by meeting the concentration limit; that is, when the THC emissions are below 20 ppmvd corrected to 18 percent oxygen from the heated process unit. Owners and operators in this case may choose to meet the percentage reduction limit before turning off the control device and may show compliance with the concentration limit after turning off the control device. Item 14(a)(i)(1) of Table 4 to Subpart SSSSS of Part 63 is amended to specify that the performance tests must be performed while processing the clay refractory product with the highest uncalcined clay processing rate. B. Control Device Operation Refractory products manufacturing plants typically produce a wide range of products, some of which may contain organic HAP binders or additives, while other products may contain only inorganic binders or additives that do not contain or form HAP. Many plants do not have dedicated thermal process units (e.g., dryers and kilns) for each type of product they manufacture and instead, use the same process units to manufacture products that emit HAP and products that do not contain or emit HAP. Recognizing this situation, we are amending 40 CFR 63.9792 of the NESHAP to clarify that control devices used to comply with the emission limits established by 40 CFR part 63, subpart SSSSS, do not have to be operated when an otherwise affected process unit is processing products that do not contain or release HAP. This amendment applies to sources subject to the THC emission limits as well as the emission limits for HF and hydrogen chloride (also known as hydrochloric acid). Table 3 to Subpart SSSSS of Part 63, which specifies work practice standards, includes several options for controlling emissions of polycyclic organic matter from shape preheaters and pitch working tanks used in the manufacture of pitch-impregnated refractory products. Options include VerDate Aug<31>2005 17:25 Feb 10, 2006 Jkt 208001 exhausting the affected source to a thermal or catalytic oxidizer that is comparable to a thermal or catalytic oxidizer that is used to meet the emission limits for an affected defumer or coking oven. To clarify what is meant by a ‘‘comparable’’ thermal or catalytic oxidizer, we are amending 40 CFR 63.9824 to include a definition of ‘‘comparable control device.’’ C. Operating Limits The Refractory Products Manufacturing NESHAP refer to the operating limit as the ‘‘maximum allowable organic HAP processing rate.’’ We are amending the definition of maximum organic HAP processing rate in 40 CFR 63.9824 to distinguish between the operating limit and the actual processing rate measured during the performance test. The Refractory Products Manufacturing NESHAP include several operating limits for clay refractory products kilns that are controlled by dry limestone adsorbers (DLA). We are amending the NESHAP to eliminate the operating limits of maintaining freeflowing limestone throughout the DLA because the term ‘‘free-flowing’’ may not be appropriate for the grade of limestone used in DLA. The remaining operating limits specified for DLA in the NESHAP are adequate for ensuring compliance with the emission limits for clay refractory products kilns. As specified in Table 2 (Requirements for Establishing Operating Limits) of the rule, Subpart SSSSS of Part 63, owners and operators of certain thermal process sources of organic HAP are required to establish an operating limit for the maximum organic HAP processing rate. The organic HAP processing rate is a function of the amount of organic HAP in the raw materials and the amounts of those raw materials in the refractory product formulation. Because there are minor variations in the content of organic HAP in a specific binder or additive, the operating limit for the maximum organic HAP processing rate can inadvertently be exceeded without changing the product formulation. In today’s action, we are amending the procedure for establishing the operating limit and clarifying that minor exceedances of the maximum organic HAP processing rate established during the performance test are not violations of the operating limit. Specifically, we are amending items 3(b) and 8(b) of Table 4 (Requirements for Performance Tests) to Subpart SSSSS of Part 63 to be consistent with the requirements in Table 2 that reflect a 10 percent allowance when calculating the operating limit. PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 Today’s action amends the procedures for determining minimum temperature operating limits for thermal and catalytic oxidizers that are used to control emissions from certain batch process sources of organic HAP as they pertain to sources that comply with the provisions for reducing the operating temperature of a thermal or catalytic oxidizer. We are also amending subpart SSSSS to clarify that owners or operators of batch process sources controlled with thermal or catalytic oxidizers must measure the oxidizer operating temperature throughout each entire test run. D. Monitoring The Refractory Products Manufacturing NESHAP require THC continuous emission monitoring systems on thermal process sources of organic HAP that use process changes or control devices other than thermal or catalytic oxidizers to meet the THC emission limits. We are amending 40 CFR 63.9800(i)(1) by adding a reference to sources that use process changes to meet the emission limits. We are also amending 40 CFR 63.9800(i) to state that such sources must maintain the 3-hour block average THC concentration at or below 20 ppmvd, corrected to 18 percent oxygen. Today’s action amends the definition of ‘‘deviation’’ in 40 CFR 63.9824 to include failure to provide adequate continuous monitoring systems (CMS) data for demonstrating compliance with any emission limit or other requirement. In addition, we are amending the requirement that the owner or operator of an affected source that is required to use a CMS to meet an operating limit must report any deviations from those operating limits. E. Other Changes We are amending the Refractory Products Manufacturing NESHAP to include definitions for Shutdown and Startup to preclude unnecessary reporting of batch process source operation. III. Statutory and Executive Order Reviews A. Executive Order 12866, Regulatory Planning and Review Under Executive Order 12866 (58 FR 51735, October 4, 1993), EPA must determine whether the regulatory action is ‘‘significant’’ and, therefore, subject to review by the Office of Management and Budget (OMB) and the requirements of the Executive Order. The Executive Order defines ‘‘significant regulatory E:\FR\FM\13FER1.SGM 13FER1 Federal Register / Vol. 71, No. 29 / Monday, February 13, 2006 / Rules and Regulations wwhite on PROD1PC65 with RULES action’’ as one that is likely to result in a rule that may: (1) Have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities; (2) Create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; (3) Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs, or the rights and obligation of recipients thereof; or (4) Raise novel legal or policy issues arising out of legal mandates, the President’s priorities, or the principles set forth in the Executive Order. Pursuant to the terms of Executive Order 12866, it has been determined that this rule is a ‘‘significant regulatory action’’ because it raises novel legal or policy issues arising out of legal mandates. As such, this action was submitted to OMB for review. Changes made in response to OMB suggestions or recommendations will be documented in the public record. B. Paperwork Reduction Act This action does not impose an information collection burden under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501, et seq. The OMB approved the information collection requests for the NESHAP for refractory products manufacturing pursuant to the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501, et seq. The OMB assigned OMB control number 2060– 0515 (EPA ICR No. 2040.02) to these information collection requests (ICR). A copy of the ICR may be obtained from Susan Auby by mail at the Office of Environmental Information, Collection Strategies Division (2822T), EPA, 1200 Pennsylvania Ave., NW, Washington, DC 20460; by e-mail at auby.susan@epa.gov; or by calling (202) 566–1672. You may also download a copy off the Internet at https:// www.epa.gov/icr. Today’s action makes clarifying changes to the NESHAP for refractory products manufacturing and imposes no new information collection requirements on the industry. Because there is no additional burden on the industry as a result of the direct final rule amendments, the ICR has not been revised. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time VerDate Aug<31>2005 17:25 Feb 10, 2006 Jkt 208001 needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a current valid OMB control number. The OMB control numbers for EPA’s regulations are listed in 40 CFR part 9. C. Regulatory Flexibility Act EPA has determined that it is not necessary to prepare a regulatory flexibility analysis in connection with this final rule. For purposes of assessing the impacts of today’s rule on small entities, small entity is defined as: (1) A small business as defined by the Small Business Administrations’ regulations at 13 CFR 121.201; (2) a small governmental jurisdiction that is a government of a city, county, town, school district or special district with a population of less than 50,000; and (3) a small organization that is any not-for-profit enterprise which is independently owned and operated and is not dominant in its field. After considering the economic impacts of today’s direct final rule amendments on small entities, EPA has concluded that this action will not have a significant economic impact on a substantial number of small entities. This action includes minor corrections and clarifications to the Refractory Products Manufacturing NESHAP that do not add any additional requirements. Although the direct final rule amendments will not have a significant economic impact on a substantial number of small entities, EPA nonetheless has tried to reduce the impact of the direct final rule amendments on small entities. The EPA has limited the amendments to changes that clarify ambiguities of the Refractory Products Manufacturing NESHAP, correct citations to the General Provisions, and clarify the complex batch testing requirements of the Refractory Products Manufacturing NESHAP. The EPA believes that the amendments will simplify the NESHAP PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 7419 and will not add additional burden to regulated entities. D. Unfunded Mandates Reform Act Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public Law No. 104–4, establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local, and tribal governments and the private sector. Under section 202 of the UMRA, EPA generally must prepare a written statement, including a cost-benefit analysis, for proposed and final rules with ‘‘Federal mandates’’ that may result in expenditures by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any 1 year. Before promulgating an EPA rule for which a written statement is needed, section 205 of the UMRA generally requires EPA to identify and consider a reasonable number of regulatory alternatives and adopt the least costly, most costeffective, or least burdensome alternative that achieves the objectives of the rule. The provisions of section 205 do not apply when they are inconsistent with applicable law. Moreover, section 205 allows EPA to adopt an alternative other than the least costly, most cost-effective, or least burdensome alternative if the Administrator publishes with the final rule an explanation why that alternative was not adopted. Before EPA establishes any regulatory requirements that may significantly or uniquely affect small governments, including tribal governments, it must have developed under section 203 of the UMRA a small government agency plan. The plan must provide for notifying potentially affected small governments, enabling officials of affected small governments to have meaningful and timely input in the development of EPA’s regulatory proposals with significant Federal intergovernmental mandates, and informing, educating, and advising small governments on compliance with the regulatory requirements. The EPA has determined that today’s direct final rule amendments do not contain a Federal mandate that may result in expenditures of $100 million or more for State, local, and tribal governments, in the aggregate, or the private sector in any 1 year, nor do the direct final rule amendments significantly or uniquely impact small governments because there are no requirements that apply to such governments or impose obligations upon them. Thus, today’s direct final rule amendments are not subject to the E:\FR\FM\13FER1.SGM 13FER1 7420 Federal Register / Vol. 71, No. 29 / Monday, February 13, 2006 / Rules and Regulations requirements of sections 202 and 205 of the UMRA. E. Executive Order 13132, Federalism Executive Order 13132, entitled ‘‘Federalism’’ (64 FR 43255, August 10, 1999), requires EPA to develop an accountable process to ensure ‘‘meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications.’’ ‘‘Policies that have federalism implications’’ is defined in the Executive Order to include regulations that have ‘‘substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.’’ The direct final rule amendments do not have federalism implications. They will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132. None of the affected facilities are owned or operated by State or local governments, and the direct final rule amendments will not supercede State regulations that are more stringent. Thus, Executive Order 13132 does not apply to the direct final rule amendments. wwhite on PROD1PC65 with RULES F. Executive Order 13175, Consultation and Coordination With Indian Tribal Governments Executive Order 13175, entitled ‘‘Consultation and Coordination with Indian Tribal Governments’’ (65 FR 67249, November 9, 2000), requires EPA to develop an accountable process to ensure ‘‘meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications.’’ The direct final rule amendments do not have tribal implications, as specified in Executive Order 13175. They will not have substantial direct effects on tribal governments, on the relationship between the Federal government and Indian tribes, or on the distribution of power and responsibilities between the Federal government and Indian tribes, as specified in Executive Order 13175. No tribal governments own or operate refractory products manufacturing facilities. Thus, Executive Order 13175 does not apply to the direct final rule amendments. VerDate Aug<31>2005 17:25 Feb 10, 2006 Jkt 208001 G. Executive Order 13045, Protection of Children From Environmental Health Risks and Safety Risks Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any rule that: (1) Is determined to be ‘‘economically significant’’ as defined under Executive Order 12866 and (2) concerns an environmental health or safety risk that EPA has reason to believe may have a disproportionate effect on children. If the regulatory action meets both criteria, the Agency must evaluate the environmental health or safety effects of the planned rule on children, and explain why the planned rule is preferable to other potentially effective and reasonably feasible alternatives considered by the Agency. The EPA interprets Executive Order 13045 as applying only to those regulatory actions that are based on health or safety risks, such that the analysis required under section 5–501 of the Executive Order has the potential to influence the regulation. Today’s direct final rule amendments are not subject to Executive Order 13045 because they are based on technology performance and not on health or safety risks. In addition, the direct final rule amendments have been determined not to be ‘‘economically significant’’ as defined under Executive Order 12866. H. Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use This rule is not a ‘‘significant regulatory action’’ as defined in Executive Order 13211 (66 FR 28355, May 22, 2001) because it is not likely to have a significant adverse effect on the supply, distribution, or use of energy. We have concluded that the direct final rule amendments are not likely to have any adverse energy effects. I. National Technology Transfer and Advancement Act Section 12(d) of the National Technology Transfer and Advancement Act (NTTAA) of 1995, Public Law No. 104–113; 12(d) (15 U.S.C. 272 note) directs EPA to use voluntary consensus standards (VCS) in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. The VCS are technical standards (e.g., materials specifications, test methods, sampling procedures, and business practices) that are developed or adopted by VCS bodies. The NTTAA directs EPA to provide Congress, through the OMB, explanations when the Agency decides not to use available and applicable VCS. PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 The direct final rule amendments implement clarifications and corrections to the NESHAP for refractory product manufacturing, but do not change any technical standards. Therefore, EPA did not consider the use of any VCS. J. Congressional Review Act The Congressional Review Act, 5 U.S.C. 801, et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing the direct final rule amendments and other required information to the United States Senate, the United States House of Representatives, and the Comptroller General of the United States prior to publication of the direct final rule amendments in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). The direct final rule amendments are effective on April 14, 2006. List of Subjects in 40 CFR Part 63 Environmental protection, Administrative practice and procedure, Air pollution control, Hazardous substances, Intergovernmental relations, Reporting and recordkeeping requirements. Dated: December 7, 2005. Stephen L. Johnson, Administrator. For the reasons stated in the preamble, title 40, chapter I, part 63 of the Code of Federal Regulations is amended as follows: I PART 63—[AMENDED] 1. The authority citation for part 63 continues to read as follows: I Authority: 42 U.S.C. 7401, et seq. Subpart SSSSS—[Amended] 2. Section 63.9792 is amended as follows: I a. Revising paragraph (b); I b. Redesignating paragraph (f) as paragraph (g); and I c. Adding a new paragraph (f). I § 63.9792 What are my general requirements for complying with this subpart? * * * * * (b) Except as specified in paragraphs (e) and (f) of this section, you must E:\FR\FM\13FER1.SGM 13FER1 Federal Register / Vol. 71, No. 29 / Monday, February 13, 2006 / Rules and Regulations (a) You must conduct a performance test at least every 5 years following the initial performance test. * * * * * (c) If you own or operate a source that is subject to the emission limits specified in items 2 through 9 of Table 1 to this subpart, you must conduct a performance test on the source(s) listed in paragraphs (c)(1) and (2) of this section before you start production of any refractory product for which the organic HAP processing rate is likely to exceed the maximum allowable organic HAP processing rate, as defined in items 3(b) and 8(b) of Table 4 to this subpart, VerDate Aug<31>2005 17:25 Feb 10, 2006 Jkt 208001 § 63.9800 How do I conduct performance tests and establish operating limits? * * * * * (g) * * * (1) To determine compliance with the total hydrocarbon (THC) 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 1 of this section: CTHCC = 2.9 × CTHC ( 20.9 − C ) ( Eq. 1) O2 Where: CTHCC = THC concentration, corrected to 18 percent oxygen, parts per million by volume, dry basis (ppmvd) CTHC = THC concentration (uncorrected), ppmvd CO2 = Oxygen concentration, percent * * * * * (3) To determine compliance with production-based HF and HCl emission limits in Table 1 to this subpart, you must calculate your mass emissions per unit of uncalcined clay processed for each test run using Equation 3 of this section: MP = ER P ( Eq. 3) Where: MP = mass emissions of specific HAP (HF or HCl) per unit of production, kilograms of pollutant per megagram (pounds per ton) of uncalcined clay processed PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 ER = mass emissions rate of specific HAP (HF or HCl) during each performance test run, kilograms (pounds) per hour P = average uncalcined clay processing rate for the performance test, megagrams (tons) of uncalcined clay processed per hour * * * * * (i) * * * (1) For sources subject to the THC concentration limit specified in item 3, 4, 7, or 8 of Table 1 to this subpart, you must satisfy the requirements specified in paragraphs (i)(1)(i) through (vi) of this section. * * * * * (iv) You must meet the data reduction requirements specified in § 63.8(g). (v) You must maintain the 3-hour block average THC concentration at or below 20 ppmvd, corrected to 18 percent oxygen. (vi) To calculate the oxygen correction specified in paragraph (i)(1)(v) of this section, you may use oxygen concentration measurements concurrent with THC concentration measurements, the average oxygen concentration measured during the most recent performance test on the affected source, or other oxygen concentration measurements that are representative of normal operation for the affected source. * * * * * I 5. Section 63.9802 is revised to read as follows: § 63.9802 profile? How do I develop an emissions (a) If you decide to develop an emissions profile for an affected batch process source, as indicated in item 8(a)(i)(4) or 17(b)(i)(4) of Table 4 to this subpart, you must measure and record mass emissions of the applicable pollutant throughout a complete batch cycle of the affected batch process source according to the procedures described in paragraph (a)(1) or (2) of this section. (1) If your affected batch process source is subject to the THC concentration limit specified in item 6(a), 7(a), 8, or 9 of Table 1 to this subpart or the THC percentage reduction limit specified in item 6(b) or 7(b) of Table 1 to this subpart, you must measure and record the THC mass emissions rate at the inlet to the control device using the test methods, averaging periods, and procedures specified in items 10(a) and (b) of Table 4 to this subpart for each complete hour of the batch process cycle and while the source is processing the product with the maximum organic HAP processing rate. E:\FR\FM\13FER1.SGM 13FER1 ER13FE06.001</MATH> wwhite on PROD1PC65 with RULES § 63.9798 When must I conduct subsequent performance tests? established during the most recent performance test on that same source. * * * * * (2) Each affected kiln that follows an affected shape dryer or curing oven in the same process line and is used to process the refractory product with the higher organic HAP processing rate. (d) If you own or operate a kiln that is subject to the emission limits specified in item 5 or 9 of Table 1 to this subpart, you must conduct a performance test on the affected kiln following any process changes that are likely to increase organic HAP emissions from the kiln (e.g., a decrease in the curing cycle time for a curing oven that precedes the affected kiln in the same process line). * * * * * I 4. Section 63.9800 is amended as follows: I a. Revising paragraph (g)(1); I b. Revising paragraph (g)(3); I c. Revising paragraph (i)(1) introductory text; and I d. Adding paragraphs (i)(1)(iv) to (vi). ER13FE06.000</MATH> always operate and maintain your affected source, including air pollution control and monitoring equipment, according to the provisions in § 63.6(e)(1)(i). During the period between the compliance date specified for your affected source in § 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. * * * * * (f) For any affected source that is subject to any of the emission limits specified in Table 1 to this subpart, you do not have to operate the control device on that affected source under the conditions specified in paragraphs (f)(1) and (2) of this section. (1) For any source that is subject to the THC emissions concentration limit or the THC percentage reduction limit, you do not have to operate the control device on that source when none of the refractory products that are being processed by that source contain or form an organic HAP. (2) For any new clay refractory products kiln that is subject to the production-based mass emission limits or the percentage reduction limits for hydrogen flouride (HF) and hydrogen chloride (HCl), you do not have to operate the control device on that kiln when none of the refractory products that are being processed by that kiln are clay refractory products, as defined in § 63.9824. * * * * * I 3. Section 63.9798 is amended as follows: I a. Revising paragraph (a); I b. Revising paragraph (c) introductory text; and I c. Revising paragraphs (c)(2) and (d). 7421 7422 Federal Register / Vol. 71, No. 29 / Monday, February 13, 2006 / Rules and Regulations (2) If your affected batch process source is subject to the HF and HCl percentage reduction emission limits in item 11 of Table 1 to this subpart, you must measure and record the HF mass emissions rate at the inlet to the control device through a series of 1-hour test runs using one of the test methods specified in item 14(a) of Table 4 to this subpart for each complete hour of the batch process cycle and while the source is processing the product with the highest uncalcined clay processing rate. (b) You must develop a new emissions profile if you meet all of the conditions specified in paragraphs (b)(1) through (3) of this section. (1) You own or operate a batch process source that is subject to the emission limits specified in item 6(a), 6(b), 7(a), 7(b), 8, or 9 of Table 1 to this subpart. (2) You use an emissions profile to limit emission testing to the 3-hour peak emissions period. (3) You begin manufacturing a new refractory product for which the organic HAP processing rate is likely to exceed the maximum allowable organic HAP processing rate established during the most recent performance test on that same source. I 6. Section 63.9812 is amended by revising paragraphs (b) and (c) to read as follows: § 63.9812 What notifications must I submit and when? * * * * * (b) As specified in § 63.9(b)(2), 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. (c) As specified in § 63.9(b)(2), 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. * * * * * I 7. Section 63.9816 is amended by revising paragraph (c)(9) to read as follows: § 63.9816 What records must I keep? wwhite on PROD1PC65 with RULES * * * * * (c) * * * (9) If you operate a source that is subject to the THC emission limits specified in item 2 or 6 of Table 1 to this subpart and is controlled with a catalytic oxidizer, records of annual checks of catalyst activity levels and subsequent corrective actions. * * * * * VerDate Aug<31>2005 17:25 Feb 10, 2006 Jkt 208001 8. Section 63.9824 is amended as follows: I a. Revising paragraph (3) and adding paragraph (4) to the definition of Deviation; I b. Revising the definitions of Maximum organic HAP processing rate and Peak emissions period; and I c. Adding the definitions of Comparable control device, Shutdown, and Startup. I § 63.9824 subpart? What definitions apply to this * * * * * Comparable control device means, subject to paragraphs (1), (2), and (3) of this definition, a control device with design and operating parameters that are comparable to the reference control device. (1) For a thermal oxidizer, a comparable control device is either: (i) A thermal oxidizer with a residence time at least as long as, and a combustion chamber operating temperature at least as high as the reference thermal oxidizer; or (ii) A control device that has been demonstrated to control emissions to a level that is comparable to or better than the level of emissions control achieved by the reference thermal oxidizer. (2) For a catalytic oxidizer, a comparable control device is either: (i) A catalytic oxidizer with a space velocity no greater than, and a catalyst bed inlet temperature at least as high as the reference catalytic oxidizer; or (ii) A control device that has been demonstrated to control emissions to a level that is comparable to or better than the level of emissions control achieved by the reference catalytic oxidizer. (3) For other control devices, a comparable control device is one that has been demonstrated either through engineering calculations or emission testing to control emissions to a level that is comparable to or better than the level of control achieved by the reference control device. * * * * * Deviation * * *. (3) Fails to meet any emission limitation (emission limit, operating limit, or work practice standard) in this subpart during startup, shutdown, or malfunction, regardless of whether or not such failure is permitted by this subpart; or (4) Fails to provide adequate monitoring data for demonstrating compliance with any emission limitation (emission limit, operating limit, or work practice standard) or other applicable requirement established by this subpart due to a PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 malfunction or failure of any CMS required by this subpart. * * * * * Maximum organic HAP processing rate means the maximum rate at which the mass of organic HAP materials in refractory shapes are processed in an affected process unit. (See also the definition of organic HAP processing rate.) * * * * * Peak emissions period means the period of consecutive hourly average emissions of the applicable pollutant that is greater than any other period of consecutive hourly average emissions for the same pollutant over the course of a specified batch process cycle, as defined in paragraphs (1) through (3) of this definition. The peak emissions period is a function of the rate at which the temperature of the refractory shapes is increased, the mass and loading configuration of the shapes in the process unit, the constituents of the refractory mix, and the type of pollutants emitted. (1) The 3-hour peak THC mass emissions period is the period of 3 consecutive hours over which the sum of the uncontrolled hourly THC mass emissions rates is greater than the sum of the uncontrolled hourly THC mass emissions rates for any other period of 3 consecutive hours during the same batch process cycle. (2) The 3-hour peak THC emissions concentration period is the period of 3 consecutive hours over which the sum of the THC concentrations, corrected to 18 percent oxygen, is greater than the sum of the THC concentrations at the same sampling location, corrected to 18 percent oxygen, for any other period of 3 consecutive hours during the same batch process cycle. (3) The 3-hour peak HF mass emissions period is the period of 3 consecutive hours over which the sum of the uncontrolled hourly HF mass emissions rates is greater than the sum of the uncontrolled hourly HF mass emissions rates for any other period of 3 consecutive hours during the same batch process cycle. * * * * * Shutdown means the cessation of operation of an affected source. For an affected batch process source, shutdown means the cessation of operation during a batch cycle. Shutdown does not include normal periods between batch cycles when the batch process source is not in operation. Startup means the setting into operation of an affected source. For an affected batch process source, startup means the initial startup of the source E:\FR\FM\13FER1.SGM 13FER1 7423 Federal Register / Vol. 71, No. 29 / Monday, February 13, 2006 / Rules and Regulations or the startup of the source following maintenance, replacement of equipment, or equipment repairs. Startup does not include routine recharging of a batch process source at the start of a batch cycle. * * * * * 9. Table 1 to subpart SSSSS is amended as follows: I a. Revising items 6.a and b; I b. Revising items 7.a and b; I c. Revising item 8; I d. Redesignating items 9, 10, and 11 as items 10, 11, and 12; I I e. Adding a new clarification as item 9; f. Revising newly redesignated items 11.a and b; and I TABLE 1 TO SUBPART SSSSS OF PART 63.—EMISSION LIMITS [As stated in § 63.9788, you must comply with the emission limits for affected sources in the following table:] For . . . You must meet the following emission limits . . . * * * * * * * 6. Batch process units that are controlled with a thermal or catalytic ox- a. The 2-run block average THC concentration for the 3-hour peak idizer. THC emissions concentration 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 THC mass emissions period must be reduced by at least 95 percent. 7. Batch process units that are equipped with a control device other a. The 2-run block average THC concentration for the 3-hour peak than a thermal or catalytic oxidizer. THC emissions concentration 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 THC mass emissions period must be reduced by at least 95 percent. 8. Batch process units that use process changes to reduce organic The 2-run block average THC concentration for the 3-hour peak THC HAP emissions. emissions concentration period must not exceed 20 ppmvd, corrected to 18 percent oxygen, at the outlet of the process gas stream. 9. Batch process units that have turned off the control device or are not The 2-run block average THC concentration for the 3-hour peak THC equipped with a control device. emissions concentration period must not exceed 20 ppmvd, corrected to 18 percent oxygen, at the outlet of the process gas stream. 10. Batch process kilns that are not equipped with a control device ...... The 2-run block average THC concentration for the 3-hour peak THC emissions concentration period must not exceed 20 ppmvd, corrected to 18 percent oxygen, at the outlet of the process gas stream. 11. Each new continuous kiln that is used to produce clay refractory a. The 3-hour block average HF emissions must not exceed 0.019 kiloproducts. grams per megagram (kg/Mg) (0.038 pounds per ton kiln that is (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. wwhite on PROD1PC65 with RULES * VerDate Aug<31>2005 * 17:25 Feb 10, 2006 * Jkt 208001 PO 00000 * Frm 00031 Fmt 4700 * Sfmt 4700 E:\FR\FM\13FER1.SGM * 13FER1 * 7424 Federal Register / Vol. 71, No. 29 / Monday, February 13, 2006 / Rules and Regulations 10. Table 2 to subpart SSSSS is amended as follows: I a. Revising item 1.c; I b. Revising item 4; I c. Revising 7; I d. Revising items 8.a and b and adding items 8.c through e; I e. Revising items 9.a and b, and adding new items 9.d through f; and I f. Removing item 11.b and redesignating items 11.c and d as items 11.b and c, respectively. I TABLE 2 TO SUBPART SSSSS OF PART 63.—OPERATING LIMITS [As stated in § 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 Table 1 to this subpart ........................ * * * 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 § 63.9792(e) and (f), item 2 of this table, and item 13 of Table 4 to this subpart; and * * * * * * * * * * 4. Each affected continuous process unit ................................................ Maintain the 3-hour block average organic HAP processing rate (pounds per hour) at or below the maximum allowable organic HAP processing rate established during the most recent performance test. wwhite on PROD1PC65 with RULES * * * * * * * 7. Each affected batch process unit ......................................................... For each batch cycle, maintain the organic HAP processing rate (pounds per batch) at or below the maximum allowable organic HAP processing rate established during the most recent performance test. 8. Batch process units that are equipped with a thermal oxidizer ........... a. Except as specified in item 8.b. of this table, maintain throughout the entire batch cycle the hourly average operating temperature in the thermal oxidizer combustion chamber at or above the minimum allowable operating temperature established during the most recent performance test, as determined according to item 11 of Table 4 to this subpart; and b. If complying with the provisions for reducing the thermal oxidizer operating temperature, as specified in item 13 of Table 4 to this subpart, satisfy the requirements of items 8.c. through 8.e. of this table; c. From the start of the batch cycle until the batch process unit reaches its maximum temperature, maintain the thermal oxidizer combustion chamber temperature at or above the minimum allowable temperature established during the most recent performance test, as determined according to item 11 of Table 4 to this subpart; d. From the time when the batch process unit reaches its maximum temperature, maintain the thermal oxidizer combustion chamber temperature at or above the minimum allowable temperature established during the most recent performance test, as determined according to item 11 of Table 4 to this subpart, for a length of time that equals or exceeds the length of time between the process unit reaching its maximum temperature and the start of the thermal oxidizer temperature reduction during the most recent performance test; e. For the remainder of the batch process cycle, maintain the thermal oxidizer combustion chamber temperature at or above the reduced thermal oxidizer temperature established during the most recent performance test, as specified in item 13 of Table 4 to this subpart. VerDate Aug<31>2005 17:25 Feb 10, 2006 Jkt 208001 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 E:\FR\FM\13FER1.SGM 13FER1 7425 Federal Register / Vol. 71, No. 29 / Monday, February 13, 2006 / Rules and Regulations TABLE 2 TO SUBPART SSSSS OF PART 63.—OPERATING LIMITS—Continued [As stated in § 63.9788, you must comply with the operating limits for affected sources in the following table] For . . . You must . . . 9. Batch process units that are equipped with a catalytic oxidizer .......... a. Except as specified in item 9.b. of this table, maintain throughout the entire batch cycle the hourly average operating temperature at the inlet of the catalyst bed at or above the minimum allowable operating temperature established during the most recent performance test, as determined according to item 12 of Table 4 to this subpart; and b. If complying with the provisions for reducing the catalytic oxidizer operating temperature, as specified in item 13 of Table 4 to this subpart, satisfy the requirements of items 9.d through 9.f of this table; and c. Check the activity level of the catalyst at least every 12 months. d. From the start of the batch cycle until the batch process unit reaches its maximum temperature, maintain the temperature at the inlet of the catalyst bed at or above the minimum allowable temperature established during the most recent performance test, as determined according to item 12 of Table 4 to this subpart; e. From the time when the batch process unit reaches its maximum temperature, maintain the temperature at the inlet of the catalyst bed at or above the minimum allowable temperature established during the most recent performance test, as determined according to item 12 of Table 4 to this subpart, for a length of time that equals or exceeds the length of time between the process unit reaching its maximum temperature and the start of the catalytic oxidizer temperature reduction during the most recent performance test; f. For the remainder of the batch process cycle, maintain the temperature at the inlet of the catalyst bed at or above the reduced catalyst bed inlet temperature established during the most recent performance test, as specified in item 13 of Table 4 to this subpart. * * * * * * * 11. Table 4 to subpart SSSSS is revised to read as follows: I TABLE 4 TO SUBPART SSSSS TO PART 63.—REQUIREMENTS FOR PERFORMANCE TESTS [As stated in § 63.9800, you must comply with the requirements for performance tests for affected sources in the following table:] You must . . . Using . . . According to the following requirements . . . 1. Each affected source listed in Table 1 to this subpart. wwhite on PROD1PC65 with RULES For . . . a. Conduct performance tests. i. The requirements of the General Provisions in subpart A of this part and the requirements to this subpart. (1) Record the date of the test; and (2) Identify the emission source that is tested; and (3) Collect and record the 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. VerDate Aug<31>2005 17:25 Feb 10, 2006 Jkt 208001 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 E:\FR\FM\13FER1.SGM 13FER1 7426 Federal Register / Vol. 71, No. 29 / Monday, February 13, 2006 / Rules and Regulations TABLE 4 TO SUBPART SSSSS TO PART 63.—REQUIREMENTS FOR PERFORMANCE TESTS—Continued [As stated in § 63.9800, you must comply with the requirements for performance tests for affected sources in the following table:] For . . . You must . . . Using . . . According to the following requirements . . . b. Select the locations of sampling ports and the number of traverse points. i. Method 1 or 1A of 40 CFR, part 60, appendix A. c. Determine gas velocity and volumetric flow rate. Method 2, 2A, 2C, 2D, 2F, or 2G of 40 CFR part 60, appendix A. (i) Method 3, 3A, or 3B of 40 CFR part 60, appendix A; or (ii) ASME PTC 19.10– 1981—Part 10. (1) To demonstrate compliance with the percentage reduction limits specified in items 2.b., 3.b., 6.b., 7.b., 10, and 11 of Table 1 to this subpart, OR to develop an emissions profile, OR to satisfy the requirements of item 13.a. of this table, 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. Measure gas velocities and volumetric flow rates at 1hr intervals throughout each test run. d. Conduct gas molecular weight analysis. 2. Each new or existing curing oven, shape dryer, and kiln that 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. 3. Each affected continuous process unit. e. Measure gas moisture content. a. Conduct performance tests. b. Satisfy the applicable requirements listed in items 3 through 13 of this table. Method 4 of 40 CFR part 60, appendix A. ............................................ a. Perform a minimum of 3 test runs. The appropriate test methods specified in items 1, 4, and 5 of this table. i. Method 311 of 40 CFR part 63, appendix A, OR material safety data sheets (MSDS), OR product labels to determine the mass fraction of organic HAP in each resin, binder, or additive; and ii. Product formulation data that specify the mass fraction of each resin, binder, and additive in the products that are processed during the performance test; and. iii. Process feed rate data (tons per hour). wwhite on PROD1PC65 with RULES b. Establish the operating limit for the maximum organic HAP processing rate. VerDate Aug<31>2005 17:25 Feb 10, 2006 Jkt 208001 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 As specified in the applicable test method. You may use ASME PTC 19.10–1981—Part 10 (available for purchase from Three Park Avenue, New York, NY 10016–5990) as an alternative to EPA Method 3B. As specified in the applicable test Method. (1) Conduct the performance test while the source is operating at the maximum organic HAP processing rate, as defined in § 63.9824, reasonably expected to occur; and (2) Repeat the performance test before starting production of any product for which the organic HAP processing rate is likely to exceed the maximum allowable organic HAP processing rate established during the most recent performance test, as specified in § 63.9798(c); and (3) Repeat the performance test 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 § 63.9798(d). Each test run must be at least 1 hour in duration. (1) Calculate and record the organic HAP content of all refractory shapes that are processed during the performance test, based on the mass fraction of organic HAP in the resins, binders, or additives; the mass fraction of each binder, or additive, in the product; and the process feed rate; and (2) Calculate and record the organic HAP processing rate (pounds per hour) for each test run; and (3) Calculate and record the maximum allowable organic HAP processing rate as 110 percent of the average of the processing rates for the three test runs. E:\FR\FM\13FER1.SGM 13FER1 Federal Register / Vol. 71, No. 29 / Monday, February 13, 2006 / Rules and Regulations 7427 TABLE 4 TO SUBPART SSSSS TO PART 63.—REQUIREMENTS FOR PERFORMANCE TESTS—Continued [As stated in § 63.9800, you must comply with the requirements for performance tests for affected sources in the following table:] For . . . You must . . . 5. Each continuous process unit that is subject to the THC percentage reduction limit listed in item 2.b. or 3.b. of Table 1 to this subpart. According to the following requirements . . . c. Record the operating temperature of the affected source. a. Measure THC concentrations at the outlet of the control device or in the stack. Process data ..................... During each test run and at least once per hour, record the operating temperature in the highest temperature zone of the affected source. (1) Each minute, measure and record the concentrations of THC in the exhaust stream; and (2) Provide at least 50 1-minute measurements for each valid hourly average THC concentration. b. Measure oxygen concentrations at the outlet of the control device or in the stack. c. Determine the hourly average THC concentration, corrected to 18 percent oxygen. 4. Each continuous process unit that is subject to the THC emission limit listed in item 2.a., 3.a., 4, or 5 of Table 1 to this subpart. Using . . . i. Method 3A of 40 CFR Part 60, appendix A. d. Determine the 3-hour block average THC emission concentration, corrected to 18 percent oxygen. a. Measure THC concentrations at the inlet and outlet of the control device. b. Determine the hourly THC mass emissions rates at the inlet and outlet of the control device. c. Determine the 3-hour block average THC percentage reduction. i. Method 25A of 40 CFR Part 60, appendix A. (1) Each minute, measure and record the concentrations of oxygen in the exhaust stream; and (2) Provide at least 50 1-minute measurements for each valid hourly average oxygen concentration. i. Equation 1 of (1) Calculate the hourly average THC concentration § 63,9800(g)(1); and for each hour of the performance test as the averii. The 1-minute THC and age of the 1-minute THC measurements; and oxygen concentration (2) Calculate the hourly average oxygen concentration data. 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 § 63.9800(g)(1). The hourly average Calculate the 3-hour block average THC emission concentrati on of THC, concentration, corrected to 18 percent oxygen, as corrected to 18 percent the average of the hourly average THC emission oxygen, for each test run. concentrations, corrected to 18 percent oxygen. i. Method 25A of 40 CFR part 60, appendix A. i. The 1-minute THC concentration data at the control device inlet and outlet; and ii. The volumetric flow rates at the control device inlet and outlet. i. The hourly THC mass emissions rates at the inlet and outlet of the control device. a. Establish the operating limit for the minimum allowable thermal oxidizer combustion chamber temperature. i. Continuous recording of the output of the combustion chamber temperature measurement device. 7. Each continuous process unit that is equipped with a catalytic oxidizer. wwhite on PROD1PC65 with RULES 6. Each continuous process unit that is equipped with a thermal oxidizer. a. Establish the operating limit for the minimum allowable temperature at the inlet of the catalyst bed. i. Continuous recording of the output of the temperature measurement device. VerDate Aug<31>2005 18:17 Feb 10, 2006 Jkt 208001 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 (1) Each minute, measure and record the concentrations of THC at the inlet and outlet of the control device; and (2) Provide at least 50 1-minute measurements for each valid hourly average THC at the control device inlet and outlet. Calculate the hourly THC mass emissions rates at the control device inlet and outlet for each hour of the performance test. (1) Calculate the hourly THC for each hour of the performance test using Equation 2 of § 63.9800(g)(1); and (2) Calculate the 3-hour block average THC percentage reduction. (1) At least every 15 minutes, measure and record the thermal oxidizer combustion temperature; and (2) Provide at least one measurement during at least three 15-minute periods per hour 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 °C (25 °F). (1) At least every the 15 minutes, measure and record the temperature at the inlet of the catalyst bed; and (2) Provide at least one catalyst 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 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 °C (25 °F). E:\FR\FM\13FER1.SGM 13FER1 7428 Federal Register / Vol. 71, No. 29 / Monday, February 13, 2006 / Rules and Regulations TABLE 4 TO SUBPART SSSSS TO PART 63.—REQUIREMENTS FOR PERFORMANCE TESTS—Continued [As stated in § 63.9800, you must comply with the requirements for performance tests for affected sources in the following table:] For . . . You must . . . Using . . . According to the following requirements . . . 8. Each affected batch process unit. a. Perform a minimum of 2 test runs. i. The appropriate test methods specified in items 1, 9, and 10 of this table. b. Establish the operating limit for the maximum organic HAP processing rate. i. Method 311 of 40 CFR part 63, appendix A, OR MSDS, OR product labels to determine the mass fraction of organic HAP in each resin, binder, or additive; and ii. Product formulation data that specify the mass fraction of each resin, binder, and additive in the products that are processed during the performance test; and. iii. Batch weight (tons) Process data ..................... (1) Each test run must be conducted over a separate batch cycle unless you satisfy the requirements of § 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 § 63.9802(a)(1), you can limit each test run to the 3-hour peak THC mass emissions period; and (5) If you do not develop an emissions profile, a test run can be stopped, and the results of that run considered complete, if either of the following provisions are met: (i) 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 at the outlet of the control device or in the stack has not increased during the 3-hour period since maximum process temperature was reached, AND the applicable emission limit specified in items 6 through 9 of Table 1 to this subpart was met during each of the 3 hours since maximum process temperature was reached, OR, (ii) 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. (1) Calculate and record the organic HAP content of all refractory shapes that are processed during the performance test, based on the mass fraction of organic HAP in the resins, binders, or additives; the mass fraction of each resin, binder, or additive, in the product, and the batch weight prior (2) Calculate and record the organic HAP processing rate (pounds per batch) for each test run; and (3) Calculate and record the maximum allowable organic HAP processing as 110 percent of the average of the organic HAP processing rates for the two test runs. 9. Each batch process unit that is subject to the THC emission limit listed in item 6.a., 7.a., 8, or 9 of Table 1 to this subpart. c. Record the batch cycle time. d. Record the operating temperature of the affected source. a. Measure THC concentrations at the outlet of the control device or in the stack. wwhite on PROD1PC65 with RULES b. Measure oxygen concentrations at the outlet of the control device or in the stack. c. Determine the hourly average THC concentration, corrected to 18 percent oxygen. VerDate Aug<31>2005 17:25 Feb 10, 2006 Jkt 208001 PO 00000 Process data ..................... i. Method 25A of 40 CFR part 60, appendix A. i. Method 3A of 40 CFR part 60, appendix A. i. Equation 1 of § 63.9800(g)(1); and ii. The 1-minute THC and oxygen concentration data. Frm 00036 Fmt 4700 Sfmt 4700 Record the total elapsed time from the start to the completion of the batch cycle. Record the operating temperature of the affected source at least once every hour from the start to the completion of the batch cycle. (1) Each minute, measure and record concentrations of THC in the exhaust stream; and (2) Provide at least 50 1-minute measurements for each valid hourly average THC concentration. (1) Each minute, measure and record concentrations of oxygen in the exhaust stream; and (2) Provide at least 50 1-minute measurements for each valid hourly average oxygen concentration. (1) Calculate the hourly average THC concentration for each hour of the performance test as the average of the 1-minute THC measurements; and (2) Calculate the hourly average oxygen concentration for each hour of the performance test as the average of the 1-minute oxygen measurement; and (3) Correct the hourly average THC concentrations to 18 percent oxygen using Equation 1 of § 63.9800(g)(1). E:\FR\FM\13FER1.SGM 13FER1 Federal Register / Vol. 71, No. 29 / Monday, February 13, 2006 / Rules and Regulations 7429 TABLE 4 TO SUBPART SSSSS TO PART 63.—REQUIREMENTS FOR PERFORMANCE TESTS—Continued [As stated in § 63.9800, you must comply with the requirements for performance tests for affected sources in the following table:] For . . . You must . . . According to the following requirements . . . d. Determine the 3-hour peak THC emissions concentration period for each test run. The hourly average THC concentrations, corrected to 18 percent oxygen. e. Determine the average THC concentration, corrected to 18 percent oxygen, for each test run. 10. Each batch process unit that is subject to the THC percentage reduction limit listed in item 6.b. or 7.b. of Table 1 to this subpart. Using . . . The hourly average THC emission concentrations, corrected to 18 percent oxygen, for the 3-hour peak THC emissions concentration period. The average THC concentration, corrected to 18 percent oxygen, for each test run. Select the period of 3 consecutive hours over which the sum of the hourly average THC concentrations, corrected to 18 percent oxygen, at the control device outlet or in the stack is greater than the sum of the hourly average THC emission concentrations, corrected to 18 percent oxygen, at the control device outlet or in the stack for any other period of 3 consecutive hours during the test run. Calculate the average of the hourly average THC concentrations, corrected to 18 percent oxygen, for the 3 hours of the peak THC emissions concentration period for each test run. f. Determine the 2-run block average THC concentration, corrected to 18 percent oxygen, for the emission test. a. Measure THC concentrations at the inlet and outlet of the control device. b. Determine the hourly THC mass emissions rates at the control device inlet and outlet. c. Determine the 3-hour peak THC mass emissions period for each test run. d. Determine the average THC percentage reduction for each test run. wwhite on PROD1PC65 with RULES e. Determine the 2-run block average THC percentage reduction for the emission test. f. If complying with the provisions for reducing the thermal oxidizer operating temperature, as specified in item 13 of Table 4 to this subpart, measure the oxygen concentration at the inlet to the control device. VerDate Aug<31>2005 17:25 Feb 10, 2006 Jkt 208001 PO 00000 i. Method 25A of 40 CFR part 60, appendix A. i. The 1-minute THC concentration data at the control device inlet and outlet; and ii. The volumetric flow rates at the control device inlet and outlet. The hourly THC mass emissions rates at the control device inlet. i. Equation 2 of § 63.9800(g)(2); and ii. The hourly THC mass emissions rates at the control device inlet and outlet for the 3-hour peak THC mass emissions period. The average THC percentage reduction for each test run. i. Method 3A of 40 CFR part 60, appendix A. Frm 00037 Fmt 4700 Sfmt 4700 Calculate the average of the average THC concentrations, corrected to 18 percent oxygen, for the two test runs. (1) Each minute, measure and record the concentrations of THC at the control device inlet and outlet; and (2) Provide at least 50 1-minute measurements for each valid hourly average THC concentration at the control device inlet and outlet. Calculate the hourly THC mass emissions rates at the control device inlet and outlet for each hour of the performance test. Select the period of 3 consecutive hours over which the sum of the hourly THC mass 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. Calculate the average THC percentage reduction for each test run using Equation 2 of § 63.9800(g)(2). Calculate the average of the average THC percentage reductions for the two test runs. (1) Each minute, measure and record the concentrations of oxygen in the exhaust stream; and (2) Calculate each hourly average oxygen concentration using at least 50 1-minute measurements for each valid hourly average oxygen concentration. E:\FR\FM\13FER1.SGM 13FER1 7430 Federal Register / Vol. 71, No. 29 / Monday, February 13, 2006 / Rules and Regulations TABLE 4 TO SUBPART SSSSS TO PART 63.—REQUIREMENTS FOR PERFORMANCE TESTS—Continued [As stated in § 63.9800, you must comply with the requirements for performance tests for affected sources in the following table:] You must . . . Using . . . According to the following requirements . . . 11. Each batch process unit that is equipped with a thermal oxidizer. a. Establish the operating limit for the minimum thermal oxidizer combustion chamber temperature. i. Continuous recording of the output of the combustion chamber temperature measurement device. 12. Each batch process unit that is equipped with a catalytic oxidizer. wwhite on PROD1PC65 with RULES For . . . a. Establish the operating limit for the minimum allowable temperature at the inlet of the catalyst bed. i. Continuous recording of the output of the temperature measurement device. (1) At least every 15 minutes of each entire test run, measure and record the thermal oxidizer combustion chamber temperature; and (2) Provide at least one temperature measurement during at least three 15-minute periods per hour of testing; and (3) For each test run, calculate the hourly average combustion chamber temperature for each hour of the 3-hour peak THC emissions concentration period or the 3-hour peak THC mass emissions period, as defined in § 63.9824, whichever applies; and (4) Calculate the average combustion chamber temperature for the applicable 3-hour peak emissions period for each test run using the average hourly combustion chamber temperatures for the applicable 3-hour peak emissions period; and (5) Calculate the minimum allowable thermal oxidizer combustion chamber operating temperature as the average of the average combustion chamber temperatures for the applicable 3-hour peak emissions period for the two test runs, minus 14 °C (25 °F). (1) At least every 15 minutes of each entire test run, measure and record the temperature at the inlet of the catalyst bed; and (2) Provide at least one catalyst bed inlet temperature measurement during at least three 15-minute periods per hour of testing; and (3) For each test run, calculate the hourly average catalyst bed inlet temperature for each hour of the 3hour peak THC emissions concentration period or the 3-hour peak THC mass emissions period, as defined in § 63.9824, whichever applies; and (4) Calculate the average catalyst bed inlet temperature for the applicable 3-hour peak emissions period for each test run using the average hourly catalyst bed inlet temperatures for the applicable 3-hour peak emissions period; and (5) Calculate the minimum allowable catalyst bed inlet operating temperature as the average of the average catalyst bed inlet temperatures for the applicable 3-hour peak emissions period for the two test runs, minus 14 °C (25 °F). VerDate Aug<31>2005 17:25 Feb 10, 2006 Jkt 208001 PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 E:\FR\FM\13FER1.SGM 13FER1 Federal Register / Vol. 71, No. 29 / Monday, February 13, 2006 / Rules and Regulations 7431 TABLE 4 TO SUBPART SSSSS TO PART 63.—REQUIREMENTS FOR PERFORMANCE TESTS—Continued [As stated in § 63.9800, you must comply with the requirements for performance tests for affected sources in the following table:] For . . . You must . . . Using . . . According to the following requirements . . . 13. Each batch process unit that is equipped with a thermal or catalytic oxidizer. a. During each test run, maintain the applicable operating temperature of the oxidizer until emission levels allow the oxidizer to be shut off or the operating temperature of the oxidizer to be reduced. ............................................ 14. Each new continuous kiln that is used to process clay refractory products. a. Measure emissions of HF and HCL. i. Method 26A of 40 CFR part 60, appendix A; or 60, appendix A; or ii. Method 26 of 40 CFR part 60, appendix A; or iii. Method 320 of 40 CFR part 63, appendix A. b. Perform a minimum of 3 test runs. The appropriate test methods specified in items 1 and 14.a. of this table. i. Production data; and ii. Product formulation data that specify the mass fraction of uncalcined clay in the products that are processed during the performance test. i. Method 26A of 40 CFR part 60, appendix A; or ii. Method 26 of 40 CFR part 60, appendix A; or iii. Method 320 of 40 CFR part 63, appendix A. (1) The oxidizer can be shut off or the oxidizer operating temperature can be reduced if you do not use an emissions profile to limit testing to the 3-hour peak THC mass emissions period, as specified in item 8.a.i.4. of this table; (2) At least 3 hours have passed since the affected process unit reached maximum temperature; and (3) The applicable emission limit specified in item 6.a. or 6.b. of Table 1 to this subpart was met during each of the previous three 3-hour periods; and (4) The hourly average THC mass emissions rate at the control device inlet did not increase during the 3-hour period that immediately preceded the oxidizer temperature reduction; and (5) The THC concentration at the oxidizer inlet did not exceed 20 ppmvd, corrected to 18 percent oxygen, during each of the four 15-minute periods immediately following the oxidizer temperature reduction; and (6) If the THC concentration exceeded 20 ppmvd, corrected to 18 percent oxygen, 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 THC concentration at the oxidizer inlet is no more than 20 ppmvd, corrected to 18 percent oxygen, for at least four consecutive 15-minute periods that immediately follow the oxidizer temperature reduction. (1) Conduct the test while the kiln is operating at the maximum production level and is processing the refractory product with the highest uncalcined clay processing rate, as specified in item 15.a. of this table; and (2) You may use Method 26 of 40 CFR part 60, appendix A, only if no acid PM (e.g., HF or HCL dissolved in water droplets emitted by sources controlled by a wet scrubber) is present; and (3) If you use Method 320 of 40 CFR part 63, appendix A, you must follow the analyte spiking procedures of Section 13 of Method 320 unless you can demonstrate that the complete spiking procedure has been conducted at a similar source; 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. Each test run must be at least 1 hour in duration. 15. Each new continuous kiln that is subject to the production-based HF and HCL emission limits specified in items 10.a. and 10.b. of Table 1 to this subpart. a. Record the uncalcined clay processing rate. wwhite on PROD1PC65 with RULES b. Determine the HF mass emissions rate at the outlet of the control device or in the stack. VerDate Aug<31>2005 18:08 Feb 10, 2006 Jkt 208001 PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 (1) Record the production rate (tons per hour of fired product); and (2) Calculate and record the average rate at which uncalcined clay is processed (tons per hour) for each test run. Calculate the HF mass emissions rate for each test run. E:\FR\FM\13FER1.SGM 13FER1 7432 Federal Register / Vol. 71, No. 29 / Monday, February 13, 2006 / Rules and Regulations TABLE 4 TO SUBPART SSSSS TO PART 63.—REQUIREMENTS FOR PERFORMANCE TESTS—Continued [As stated in § 63.9800, you must comply with the requirements for performance tests for affected sources in the following table:] For . . . You must . . . Using . . . According to the following requirements . . . c. Determine the 3-hour block average production-based HF emissions rate. i. The HF mass emissions rate for each test run; and ii. The average uncalcined clay processing rate. d. Determine the HCL mass emissions rate at the outlet of the control device or in the stack. i. Method 26A of 40 CFR part 60, appendix A; or ii. Method 26 of 40 CFR part 60, appendix A; or iii. Method 320 of 40 CFR part 63, appendix A i. The HCl mass emissions rate for each test run; and ii. The average uncalcined clay processing rate. (1) Calculate the hourly production-based HF emissions rate for each test run using Equation 3 of § 63.9800(g)(3); and (2) Calculate the 3-hour block average productionbased HF emissions rate as the average of the hourly production-based HF emissions rates for each test run. Calculate the HCl mass emissions rate for each test run. e. Determine the 3-hour block average production-based HCL emissions rate. 16. Each new continuous kiln that is subject to the HF and HCL percentage reduction limits specified in items 10.a. and 10.b. of Table 1 to this subpart. a. Measure the HF mass emissions rates at the inlet and outlet of the control device. b. Determine the 3-hour block average HF percentage reduction. c. Measure the HCL mass emissions rates at the inlet and outlet control device. d. Determine the 3-hour block average HCL percentage reduction. wwhite on PROD1PC65 with RULES 17. Each new batch process kiln that is used to process clay refractory products. VerDate Aug<31>2005 17:25 Feb 10, 2006 a. Measure emissions of HF and HCL at the inlet and outlet of the control device. Jkt 208001 PO 00000 i. Method 26A of 40 CFR part 60, appendix A; or ii. Method 26 of 40 CFR part 60, appendix A; or. iii. Method 320 of 40 CFR part 63, appendix A. i. The HF mass emissions rates at the inlet and outlet of the control device for each test run. i. Method 26A of 40 CFR part 60, appendix A; or ii. Method 26 of 40 CFR part 60, appendix A; or iii. Method 320 of 40 CFR part 63, appendix A i. The HCl mass emissions rates at the inlet and outlet of the control device for each test run. i. Method 26A of 40 CFR part 60, appendix A; or ii. Method 26 of 40 CFR part 60, appendix A; or iii. Method 320 of 40 CFR part 63, appendix A Frm 00040 Fmt 4700 Sfmt 4700 (1) Calculate the hourly production-based HCl emissions rate for each test run using Equation 3 of § 63.9800(g)(3); and (2) Calculate the 3-hour block average productionbased HCl rate as the average of the productionbased HCl emissions rates for each test run. Calculate the HF mass emissions rates at the control device inlet and outlet for each test run. (1) Calculate the hourly HF percentage reduction using Equation 2 of § 63.9800(g)(2); and (2) Calculate the 3-hour block average HF percentage reduction as the average of the HF percentage reductions for each test run. Calculate the HCl mass emissions rates at the control device inlet and outlet for each test run. (1) Calculate the hourly HCl percentage reduction using Equation 2 of § 63.9800(g)(2); and (2) Calculate the 3-hour block average HCl percentage reduction as the average of HCl percentage reductions for each test run. (1) Conduct the test while the kiln is operating at the maximum production level and is processing the refractory product with the highest uncalcined clay processing rate, as specified in item 15.a. of this table; and (2) You may use Method 26 of 40 CFR part 60, appendix A, only if no acid PM (e.g., HF or HCl dissolved in water droplets emitted by sources controlled by a wet scrubber) is present; and (3) If you use Method 320 of 40 CFR part 63, appendix A, you must follow the analyte spiking procedures of Section 13 of Method 320 unless you can demonstrate that the complete spiking procedure has been conducted at a similar source; 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. E:\FR\FM\13FER1.SGM 13FER1 Federal Register / Vol. 71, No. 29 / Monday, February 13, 2006 / Rules and Regulations 7433 TABLE 4 TO SUBPART SSSSS TO PART 63.—REQUIREMENTS FOR PERFORMANCE TESTS—Continued [As stated in § 63.9800, you must comply with the requirements for performance tests for affected sources in the following table:] For . . . You must . . . i. The hourly average HF emissions rates at the inlet and outlet of the control device. f. Determine the 2-run block average HCl percentage reduction for the emission test. i. The hourly average HCl emissions rates at the inlet and outlet of the control device. a. Establish the operating limit for the minimum pressure drop across the DLA. i. Data from the pressure drop measurement device during the performance test. b. Establish the operating limit for the limestone feeder setting. wwhite on PROD1PC65 with RULES i. The appropriate test methods specified in items 1 and 71.a. of this table. (1) Each test run must be conducted over a separate batch cycle unless you satisfy the requirements of § 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 (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 § 63.9802(a)(2), you can limit each test run to the 3-hour peak HF mass emissions period. Determine the hourly mass HF and HCl emissions rates at the inlet and outlet of the control device for each hour of each test run. e. Determine the 2-run block average HF percentage reduction for the emissions test. 17:25 Feb 10, 2006 i. The appropriate test methods specified in items 1 and 17.a. of this table. c. Determine the hourly HF and HCl mass emissions rates at the inlet and outlet of the control device. d. Determine the 3-hour peak HF mass emissions period. VerDate Aug<31>2005 According to the following requirements . . . b. Perform a minimum of 2 test runs. 18. Each new kiln that is used to process clay refractory products and is equipped with a DLA. Using . . . i. Data from the limestone feeder during the performance test. Jkt 208001 PO 00000 The hourly HF mass emissions rates at the inlet of the control device. Frm 00041 Fmt 4700 Sfmt 4700 Select the period of 3 consecutive hours over which the sum of the hourly HF mass 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. (1) Calculate the HF percentage reduction for each hour of the 3-hour peak HF mass emissions period using Equation 2 of § 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 mass 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. (1) Calculate the HCl percentage reduction for each hour of the 3-hour peak HF mass emissions period using Equation 2 of § 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 mass 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. (1) At least every 15 minutes, measure the pressure drop across the DLA; and (2) Provide at least one pressure 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. (1) Establish the limestone feeder setting 1 week prior to the performance test; and (2) Record and maintain the feeder setting for the 1week period that precedes the performance test and during the performance test. E:\FR\FM\13FER1.SGM 13FER1 7434 Federal Register / Vol. 71, No. 29 / Monday, February 13, 2006 / Rules and Regulations TABLE 4 TO SUBPART SSSSS TO PART 63.—REQUIREMENTS FOR PERFORMANCE TESTS—Continued [As stated in § 63.9800, you must comply with the requirements for performance tests for affected sources in the following table:] For . . . You must . . . Using . . . According to the following requirements . . . 19. Each new kiln that is used to process clay refractory products and is equipped with a DIFF or DLS/FF. a. Document conformance with specifications and requirements of the bag leak detection system. b. Establish the operating limit for the lime feeder setting. Data from the installation and calibration of the bag leak detection system. i. Data from the lime feeder during the performance test. 20. Each new kiln that is used to process clay refractory products and is equipped with a wet scrubber. a. Establish the operating limit for the minimum scrubber pressure drop. i. Data from the pressure drop measurement device during the performance test. b. Establish the operating limit for the minimum scrubber liquid pH. i. Data from the pH measurement device during the performance test. c. Establish the operating limit for the minimum scrubber liquid flow rate. i. Data from the flow rate measurement device during the performance test. d. If chemicals are added to the scrubber liquid, establish the operating limit for the minimum scrubber chemical feed rate. i. Data from the chemical feed rate measurement device during the performance test. Submit analyses and supporting documentation demonstrating conformance with EPA guidance and specifications for bag leak detection systems as part of the Notification of Compliance Status. (1) For continuous lime injection systems, ensure that lime in the feed hopper or silo is free-flowing at all times during the performance test; and (2) Record the feeder setting for the two or three runs, whichever applies. (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. (1) At least every 15 minutes, measure the pressure drop across the scrubber; and (2) Provide at least one pressure 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. (1) At least every 15 minutes, measure scrubber liquid pH; and (2) Provide at least one pH measurement during at least 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. (1) At least every 15 minutes, measure the scrubber liquid flow rate; and (2) Provide at least one flow 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. (1) At least every 15 minutes, measure the scrubber chemical feed rate; and (2) Provide at least one chemical feed rate measurement during at least three 15-minute periods per hour of testing; and (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. 12. Table 5 to subpart SSSSS is amended as follows: wwhite on PROD1PC65 with RULES I VerDate Aug<31>2005 18:08 Feb 10, 2006 Jkt 208001 I I a. Revising items 5 and 6; and b. Revising items 10.a and b. PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 E:\FR\FM\13FER1.SGM 13FER1 7435 Federal Register / Vol. 71, No. 29 / Monday, February 13, 2006 / Rules and Regulations TABLE 5 TO SUBPART SSSSS OF PART 63.—INITIAL COMPLIANCE WITH EMISSION LIMITS [As stated in § 63.9806, you must show initial compliance with the emission limits for affected sources according to the following table:] For . . . For the following emission limit . . . You have demonstrated initial compliance if . . . * * 5. Each affected batch process unit that is subject to the THC emission concentration limit listed in item 6.a., 7.a., 8, or 9 of Table 1 to this subpart. * * * The average THC concentration must not exceed 20 ppmvd, corrected to 18 percent oxygen. 6. Each affected batch process unit that is subject to the THC percentage reduction limit listed in item 6.b. or 7.b. of Table 1 to this subpart. The average THC percentage reduction must equal or exceed 95 percent. * * The 2-run block average THC emission concentration for the 3-hour peak THC emissions concentration period measured during the performance test using Methods 25A and 3A is equal to or less than 20 ppmvd, corrected to 18 percent oxygen. The 2-run block average THC percentage reduction for the 3-hour peak THC mass emissions period measured during the performance test using Method 25A is equal to or greater than 95 percent. * * 10. Each new batch process kiln that is used to process clay refractory products. * * * a. The average uncontrolled HF emissions must be reduced by at least 90 percent. b. The average uncontrolled HCl emissions must be reduced by at least 30 percent. * * * 13. Table 7 to subpart SSSSS is amended as follows: I a. Revising item 2; I b. Revising item 4 by designating the entry in column 3 as item i and adding item 4.ii; I * * * The 2-run block average HF emission reduction for the 3-hour peak HF mass emissions period measured during the performance test is equal to or greater than 90 percent. The 2-run block average HCl emissions reduction for the 3-hour peak HF mass emissions period measured during the performance test is equal to or greater than 30 percent. * c. Revising item 5 by designating the entry in column 3 as item i and adding item 5.ii; and I * * d. Removing item 9.a.ii and redesignating items 9.a.iii and iv as items 9.a.ii and iii, respectively. I TABLE 7 TO SUBPART SSSSS TO PART 63.—CONTINUOUS COMPLIANCE WITH EMISSION LIMITS [As stated in § 63.9810, you must show continuous compliance with the emission limits for affected sources according to the following table:] For . . . For the following emission limit . . . You have demonstrated initial compliance if . . . * * Satisfying the applicable requirements specified in items 3 through 7 of this table. * * 4. Each affected process unit that is equipped with a control device other than a thermal or catalytic oxidizer. wwhite on PROD1PC65 with RULES * * * * * 2. Each new or existing curing oven, shape As specified in items 3 through 7 of this table dryer, and kiln that 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. * * i. Operating and maintaining a THC CEMS at the outlet of the control device or in the stack of the affected source, according to the requirements of Procedure 1 of 40 CFR part 60, appendix F; and ii. Maintaining the 3-hour block average THC concentration at or below 20 ppmvd, corrected to 18 percent oxygen. VerDate Aug<31>2005 18:08 Feb 10, 2006 Jkt 208001 * * * The average THC concentration must not exceed 20 ppmvd, corrected to 18 percent oxygen; OR the average THC percentage reduction must equal or exceed 95 percent. PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 E:\FR\FM\13FER1.SGM 13FER1 7436 Federal Register / Vol. 71, No. 29 / Monday, February 13, 2006 / Rules and Regulations TABLE 7 TO SUBPART SSSSS TO PART 63.—CONTINUOUS COMPLIANCE WITH EMISSION LIMITS—Continued [As stated in § 63.9810, you must show continuous compliance with the emission limits for affected sources according to the following table:] For . . . For the following emission limit . . . You have demonstrated initial compliance if . . . 5. Each affected process unit that uses process changes to meet the applicable emission limit. The average THC concentration must not exceed 20 ppmvd, corrected to 18 percent oxygen. i. Operating and maintaining a THC CEMS at the outlet of the control device or in the stack of the affected source, according to the requirements of Procedure 1 of 40 CFR part 60, appendix F; and ii. Maintaining the 3-hour block average THC concentration at or below 20 ppmvd, corrected to 18 percent oxygen. * * * 14. Table 8 to subpart SSSSS is amended as follows: I a. Revising item 4.iii and adding item 4.iv; I b. Revising item 7.iv and adding item 7.v; I c. Revising items 8 and 8.i through v and adding items 8.vi through viii; I * * d. Revising items 9 and 9.i through iv, redesignating items 9.v and vi as items 9.viii and ix, respectively, and adding items 9.v. through vii; I e. Revising items 11.a.ii and iii, adding item 11.a.iv, removing item 11.b, I * * and redesignating items 11.c and d as items 11.b and c, respectively; and I f. Revising items 13.a.ii and iii, 13.b.ii and iii, 13.c.ii and iii, and 13.d.ii and iii, and adding items 13.a.iv, 13.b.iv, 13.c.iv, and 13.d.iv. TABLE 8 TO SUBPART SSSSS OF PART 63.—CONTINUOUS COMPLIANCE WITH OPERATING LIMITS [As stated in § 63.9810, you must show continuous compliance with the operating limits for affected sources according to the following table:] For . . . * For the following operating limit . . . * * * 4. Each affected continuous process unit ........ * * * wwhite on PROD1PC65 with RULES 7. Each affected batch process unit ................. VerDate Aug<31>2005 17:25 Feb 10, 2006 Jkt 208001 * a. Maintain process operating parameters within the limits established during the most recent performance test. * Frm 00044 * Fmt 4700 Sfmt 4700 * * * * iii. Maintaining the 3-hour block average organic HAP processing rate at or below the maximum allowable organic HAP processing rate established during the most recent performance test; and iv. Reporting, in accordance with § 63.9814(e), any 3-hour block average organic HAP processing rate that exceeds the maximum allowable organic HAP processing rate established during the most recent performance test * a. Maintain process operating parameters within the limits established during the most recent performance test. PO 00000 You must demonstrate continuous compliance by . . . * * * * * iv. Maintaining the organic HAP processing rate at or below the maximum allowable organic HAP processing rate established during the most recent performance test; and v. Reporting, in accordance with § 63.9814(e), any organic HAP processing rate that exceeds the maximum allowable organic HAP processing rate established during the most recent performance test. E:\FR\FM\13FER1.SGM 13FER1 Federal Register / Vol. 71, No. 29 / Monday, February 13, 2006 / Rules and Regulations 7437 TABLE 8 TO SUBPART SSSSS OF PART 63.—CONTINUOUS COMPLIANCE WITH OPERATING LIMITS—Continued [As stated in § 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 continuous compliance by . . . 8. Batch process units that are equipped with a thermal oxidizer. wwhite on PROD1PC65 with RULES For . . . Maintain the hourly average temperature in the thermal oxidizer combustion chamber at or above the minimum allowable operating temperature established during the most recent performance test. i. Measuring and recording the thermal oxidizer combustion chamber temperature at least every 15 minutes throughout any period during which the thermal oxidizer is required to be in operation; and ii. Calculating the hourly average thermal oxidizer combustion chamber temperature for any period during which the thermal oxidizer is required to be in operation; and iii. Except as permitted by item 8.iv of this table, maintaining throughout the entire batch cycle the hourly average operating temperature in the thermal oxidizer combustion chamber at or above the minimum allowable operating temperature established during the most recent performance test; and iv. If complying with the provisions for reducing the thermal oxidizer operating temperature, as specified in item 13 of Table 4 to this subpart, satisfying the requirements of items 8.vi. through 8.viii. of this table; and v. Reporting, in accordance with § 63.9814(e), any temperature measurements below the minimum allowable thermal oxidizer combustion chamber temperature established during the most recent performance test. vi. From the start of the batch cycle until the batch process unit reaches its maximum temperature, maintaining the thermal oxidizer combustion chamber temperature at or above the minimum allowable temperature established during the most recent performance test, as determined according to item 11 of Table 4 to this subpart; vii. From the time when the batch process unit reaches its maximum temperature, maintaining the thermal oxidizer combustion chamber temperature at or above the minimum allowable temperature established during the most recent performance test, as determined according to item 11 of Table 4 to this subpart, for a length of time that equals or exceeds the length of time between the process unit reaching its maximum temperature and the start of the thermal oxidizer temperature reduction during the most recent performance test; viii. For the remainder of the batch process cycle, maintaining the thermal oxidizer combustion chamber temperature at or above the reduced thermal oxidizer temperature established during the most recent performance test, as specified in item 13 of Table 4 to this subpart. VerDate Aug<31>2005 17:25 Feb 10, 2006 Jkt 208001 PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 E:\FR\FM\13FER1.SGM 13FER1 7438 Federal Register / Vol. 71, No. 29 / Monday, February 13, 2006 / Rules and Regulations TABLE 8 TO SUBPART SSSSS OF PART 63.—CONTINUOUS COMPLIANCE WITH OPERATING LIMITS—Continued [As stated in § 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 continuous compliance by . . . 9. Batch process units that are equipped with a catalytic oxidizer. wwhite on PROD1PC65 with RULES For . . . Maintain the hourly average temperature at the inlet of the catalyst bed at or above the minimum allowable operating temperature established during the most recent performance test. i. Measuring and recording the temperature at the inlet of the catalyst bed at least every 15 minutes throughout any period during which the catalytic oxidizer is required to be in operation; and ii. Calculating the hourly average temperature at the catalyst bed inlet for any period during which the catalytic oxidizer is required to be in operation; and iii. Except as specified in items 9.a.iv through 9.a.vii of this table, maintaining throughout the entire batch cycle the hourly average operating temperature at the catalyst bed inlet at or above the minimum allowable performance allowable operating temperature established during the most recent performance test; and iv. If complying with the provisions for reducing the catalytic oxidizer operating temperature, as specified in item 13 of Table 4 to this subpart, satisfying the requirements of items 9.a.v. through 9.a.vii. of this table; and v. From the start of the batch cycle until the batch process unit reaches its maximum temperature, maintaining the temperature at the inlet of the catalyst bed at or above the minimum allowable temperature established during the most recent performance test, as determined according to item 12 of Table 4 to this subpart; and vi. From the time when the batch process unit reaches its maximum temperature, maintaining the temperature at the inlet of the catalyst bed at or above the minimum allowable temperature established during the most recent performance test, as determined according to item 12 of Table 4 to this subpart, for a length of time that equals or exceeds the length of time between the process unit reaching its maximum temperature and the start of the catalytic oxidizer temperature reduction during the most recent performance test; and vii. For the remainder of the batch process cycle, maintaining the temperature at the inlet of the catalyst bed at or above the reduced catalyst bed inlet temperature established during the most recent performance test, as specified in item 13 of Table 4 to this subpart; and viii. Reporting, in accordance with § 63.9814(e), any catalyst bed inlet temperature measurements below the minimum allowable bed inlet temperature measured during the most recent performance test; and ix. 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. VerDate Aug<31>2005 17:25 Feb 10, 2006 Jkt 208001 PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 E:\FR\FM\13FER1.SGM 13FER1 Federal Register / Vol. 71, No. 29 / Monday, February 13, 2006 / Rules and Regulations 7439 TABLE 8 TO SUBPART SSSSS OF PART 63.—CONTINUOUS COMPLIANCE WITH OPERATING LIMITS—Continued [As stated in § 63.9810, you must show continuous compliance with the operating limits for affected sources according to the following table:] For . . . * * * 11. Each new kiln that is equipped with a DLA * You must demonstrate continuous compliance by . . . For the following operating limit . . . * * * a. Maintain the average pressure drop the DLA for each 3-hour block period at or above the mininum pressure drop established during the most recent performance test. * * 13. Each new kiln that is used to process clay refractory products and is equipped with a wet scrubber. a. Maintain the average pressure drop across the scrubber for each 3-hour block period at or above the minimum pressure drop established during the most recent performance test. wwhite on PROD1PC65 with RULES c. Maintain the average scrubber liquid flow rate for each 3-hour block period at or above the minimum scrubber liquid flow rate established during the most recent performance test. 17:32 Feb 10, 2006 Jkt 208001 PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 * * * * ii. Calculating the hourly average pressure drop across the DLA; and 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; and iv. Reporting, in accordance with § 63.9814(e), any 3-hour block average pressure drop across the DLA below the minimum pressure drop established during the most recent performance test. * b. Maintain the average average scrubber liquid pH for each 3-hour block period at or above the minimum scrubber liquid pH established during the most recent performance test. VerDate Aug<31>2005 * * * * * * ii. Calculating the hourly average pressure drop across the scrubber; and iii. Maintaining the 3-hour block average scrubber pressure drop at or above the minimum pressure drop established during the most recent performance test; and iv. Reporting, in accordance with during the § 63.9814(e), any 3-hour block average most recent pressure drop across the scrubber below the minimum pressure drop established during the most recent performance test. * * * ii. Calculating the hourly average scrubber liquid pH; and iii. Maintaining the 3-hour block average scrubber liquid pH at or above the minimum scrubber liquid pH estalbished during the most recent perforamnce test; and iv. Reporting, in accordance with § 63.9814(e), any 3-hour block average scrubber liquid pH below the minimum liquid pH established during the most recent performance test. * * * ii. Calculating the hourly average scrubber liquid flow rate; and 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; and iv. Reporting, in accordance with § 63.9814(e), any 3-hour block average established scrubber liquid flow rate below the minimum liquid flow rate established during the most most recent performance test. E:\FR\FM\13FER1.SGM 13FER1 7440 Federal Register / Vol. 71, No. 29 / Monday, February 13, 2006 / Rules and Regulations TABLE 8 TO SUBPART SSSSS OF PART 63.—CONTINUOUS COMPLIANCE WITH OPERATING LIMITS—Continued [As stated in § 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 continuous compliance by . . . d. If chemicals are added to the scrubber liquid, maintain the average scrubber chemical feed rate for each 3-hour block period at or above the minimum scrubber chemical feed rate established during the most recent performance test. For . . . * * * ii. Calculating the hourly average scrubber chemical feed rate; and iii. Maintaining the 3-hour block average scrubber chemical feed rate at or above the scrubber minimum scrubber chemical feed rate established during the most recent rate for each performance test; and iv. Reporting, in accordance with § 63.9814(e), any 3-hour block average scrubber chemical feed rate below the minimum chemical feed rate established during the most recent performance test * * * * * 15. Table 10 to subpart SSSSS is amended by revising item 1 to read as follows: I TABLE 10 TO SUBPART SSSSS OF PART 63.—REQUIREMENTS FOR REPORTS [As stated in § 63.9814, you must comply with the requirements for reports in the following table:] You must submit a(n) . . . The report must contain . . . You must submit the report . . . 1. Compliance report ........................................ The information in § 63.9814(a) through (f) ...... Semiannually according to the requirements in § 63.9814(b) * * * 16. Table 11 to subpart SSSSS is amended as follows: I a. Revising citation § 63.4; I * * b. Adding citations § 63.6(i)(15) and (16); I c. Revising citation § 63.7(b)(2); I * * d. Revising citation § 63.7(e)(3); and e. Revising citations § 63.8(c)(1)(i), (ii), and (iii). I I TABLE 11 TO SUBPART SSSSS OF PART 63.—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART SSSSS [As stated in § 63.9820, you must comply with the applicable General Provisions requirements according to the following table:] Subject * § 63.4 ................ * * * * * Prohibited Activities ................ Compliance date; circumvention; fragmentation ..................... Yes. * * § 63.6(i)(15) ...... § 63.6(i)(16) ...... * * * * * [Reserved]. Administrator’s authority ......... Granting extension does not abrogate Administrator’s au- Yes. thority. * * § 63.7(b)(2) ....... * * * * * Notification of Rescheduling .. Must notify Administrator as soon as is practicable and pro- Yes. vide rescheduled date. * * § 63.7(e)(3) ....... wwhite on PROD1PC65 with RULES Citation * * * * * * Test Run Duration .................. Must have three test runs for at least the time specified in Yes; Yes, except where specthe relevant standard; compliance is based on arithmetic ified in § 63.9800 for batch mean of three runs; specifies conditions when data from process sources; Yes. an additional test run can be used. Operation and Maintenance of Must maintain CMS in accordance with § 63.6(e)(1) .............. Yes. CMS. Spare Parts for CMS .............. Must maintain spare parts for routine CMS repairs ............... Yes. SSMP for CMS ....................... Must develop and implement SSMP for CMS ........................ Yes. * * * * * * § 63.8(c)(1)(i) .... § 63.8(c)(1)(ii) ... § 63.8(c)(1)(iii) .. * VerDate Aug<31>2005 17:32 Feb 10, 2006 Brief description Jkt 208001 PO 00000 Frm 00048 Fmt 4700 Applies to subpart SSSSS Sfmt 4700 E:\FR\FM\13FER1.SGM 13FER1 Federal Register / Vol. 71, No. 29 / Monday, February 13, 2006 / Rules and Regulations [FR Doc. 06–1218 Filed 2–10–06; 8:45 am] Electronic Access BILLING CODE 6560–50–P Several of the background documents for the ALWTRP and the take reduction planning process can be downloaded from the ALWTRP web site at https:// www.nero.noaa.gov/whaletrp/. DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Background 50 CFR Part 229 [Docket No. 030221039–6029–27; I.D. 020606D] Taking of Marine Mammals Incidental to Commercial Fishing Operations; Atlantic Large Whale Take Reduction Plan (ALWTRP) National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule. AGENCY: SUMMARY: The Assistant Administrator for Fisheries (AA), NOAA, announces temporary restrictions consistent with the requirements of the ALWTRP’s implementing regulations. These regulations apply to lobster trap/pot and anchored gillnet fishermen for 15 days in an area southeast of Portland, ME, totaling approximately 886 nm2 to 1,569 nm2 (3,039 km2 to 5,382 km2), depending on the temporal and spatial overlap with two other DAM zones currently in effect. The two other overlapping DAM zones are in effect from 0001 hours February 3, 2006 through 2400 hours February 17, 2006,and from 0001 hours February 10, 2006, through 2400 hours February 24, 2006. The purpose of this action is to provide protection to an aggregation of northern right whales (right whales). DATES: Effective beginning at 0001 hours February 15, 2006, through 2400 hours March 1, 2006. ADDRESSES: Copies of the proposed and final Dynamic Area Management (DAM) rules, Environmental Assessments (EAs), Atlantic Large Whale Take Reduction Team (ALWTRT) meeting summaries, and progress reports on implementation of the ALWTRP may also be obtained by writing Diane Borggaard, NMFS/Northeast Region, One Blackburn Drive, Gloucester, MA 01930. wwhite on PROD1PC65 with RULES FOR FURTHER INFORMATION CONTACT: Diane Borggaard, NMFS/Northeast Region, 978–281–9300 x6503; or Kristy Long, NMFS, Office of Protected Resources, 301–713–2322. SUPPLEMENTARY INFORMATION: VerDate Aug<31>2005 17:25 Feb 10, 2006 Jkt 208001 The ALWTRP was developed pursuant to section 118 of the Marine Mammal Protection Act (MMPA) to reduce the incidental mortality and serious injury of three endangered species of whales (right, fin, and humpback) due to incidental interaction with commercial fishing activities. In addition, the measures identified in the ALWTRP would provide conservation benefits to a fourth species (minke), which are neither listed as endangered nor threatened under the Endangered Species Act (ESA). The ALWTRP, implemented through regulations codified at 50 CFR 229.32, relies on a combination of fishing gear modifications and time/area closures to reduce the risk of whales becoming entangled in commercial fishing gear (and potentially suffering serious injury or mortality as a result). On January 9, 2002, NMFS published the final rule to implement the ALWTRP’s DAM program (67 FR 1133). On August 26, 2003, NMFS amended the regulations by publishing a final rule, which specifically identified gear modifications that may be allowed in a DAM zone (68 FR 51195). The DAM program provides specific authority for NMFS to restrict temporarily on an expedited basis the use of lobster trap/ pot and anchored gillnet fishing gear in areas north of 40° N. lat. to protect right whales. Under the DAM program, NMFS may: (1) require the removal of all lobster trap/pot and anchored gillnet fishing gear for a 15–day period; (2) allow lobster trap/pot and anchored gillnet fishing within a DAM zone with gear modifications determined by NMFS to sufficiently reduce the risk of entanglement; and/or (3) issue an alert to fishermen requesting the voluntary removal of all lobster trap/pot and anchored gillnet gear for a 15–day period and asking fishermen not to set any additional gear in the DAM zone during the 15–day period. A DAM zone is triggered when NMFS receives a reliable report from a qualified individual of three or more right whales sighted within an area (75 nm2 (139 km2)) such that right whale density is equal to or greater than 0.04 right whales per nm2 (1.85 km2). A qualified individual is an individual ascertained by NMFS to be reasonably able, through training or experience, to PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 7441 identify a right whale. Such individuals include, but are not limited to, NMFS staff, U.S. Coast Guard and Navy personnel trained in whale identification, scientific research survey personnel, whale watch operators and naturalists, and mariners trained in whale species identification through disentanglement training or some other training program deemed adequate by NMFS. A reliable report would be a credible right whale sighting. On February 2, 2006, an aerial survey reported a sighting of seven right whales in the proximity 42° 59′ N. lat. and 69° 26′ W. long. This position lies southeast of Portland, ME. After conducting an investigation, NMFS ascertained that the report came from a qualified individual and determined that the report was reliable. Thus, NMFS has received a reliable report from a qualified individual of the requisite right whale density to trigger the DAM provisions of the ALWTRP. Once a DAM zone is triggered, NMFS determines whether to impose restrictions on fishing and/or fishing gear in the zone. This determination is based on the following factors, including but not limited to: the location of the DAM zone with respect to other fishery closure areas, weather conditions as they relate to the safety of human life at sea, the type and amount of gear already present in the area, and a review of recent right whale entanglement and mortality data. NMFS has reviewed the factors and management options noted above relative to the DAM under consideration. As a result of this review, NMFS prohibits lobster trap/pot and anchored gillnet gear in this area during the 15–day restricted period unless it is modified in the manner described in this temporary rule. The DAM zone overlaps with two other DAM zones: one in effect from 0001 hours February 3, 2006, through 2400 hours February 17, 2006 (71 FR 5180, February 1, 2006), and the other in effect from 0001 hours February 10, 2006, through 2400 hours February 24, 2006 (70 FR 6396, February 8, 2006). Effective from 0001 hours February 15, 2006 through 2400 hours February 17, 2006, the DAM zone is bounded by the following coordinates when it overlaps these previously established DAM zones: 43° 18′ N., 69° 53′ W. (NW Corner) 43° 18′ N., 69° 15′ W. 42° 49′ N., 69° 15′ W. 42° 49′ N., 68° 58′ W. 42° 39′ N., 68° 58′ W. 42° 39′ N., 69° 32′ W. 43° 00′ N., 69° 32′ W. 43° 00′ N., 69° 53′ W. E:\FR\FM\13FER1.SGM 13FER1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 71, Number 29 (Monday, February 13, 2006)]
[Rules and Regulations]
[Pages 7415-7441]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-1218]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[OAR-2002-0088, FRL-8008-2]
RIN 2060-AM90

National Emission Standards for Hazardous Air Pollutants for
Refractory Products Manufacturing

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule; amendments.

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SUMMARY: The EPA is taking direct final action on amendments to the
national emission standards for hazardous air pollutants (NESHAP) for
new and existing refractory products manufacturing facilities, which
were promulgated on April 16, 2003, under section 112(d) of the Clean
Air Act (CAA). The amendments clarify the testing and monitoring
requirements and startup and shutdown requirements for batch processes,
make certain technical corrections, and add recent changes to be
consistent with the NESHAP General Provisions.

DATES: The direct final rule is effective on April 14, 2006 without
further notice, unless adverse comments are received by March 15, 2006
or by March 30, 2006 if a public hearing is requested. If we receive
such comment, we will publish a timely withdrawal in the Federal
Register indicating which amendments will become effective and which
amendments are being withdrawn due to adverse comment.

ADDRESSES: Submit your comments, identified by Docket ID No. OAR-2002-
0088, by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Agency Web site: https://www.epa.gov/edocket. EDOCKET,
EPA's electronic public docket and comment

[[Page 7416]]

system, is EPA's preferred method for receiving comments. Follow the
on-line instructions for submitting comments.
E-mail: a-and-r-docket@epa.gov and
fairchild.susan@epa.gov.
Fax: (202) 566-1741 and (919) 541-5600.
Mail: U.S. Postal Service, send comments to: EPA Docket
Center (6102T), Attn: Docket ID No. OAR-2002-0088, 1200 Pennsylvania
Ave., NW., Washington, DC 20460. Please include a total of two copies.
Hand Delivery: In person or by courier, deliver comments
to: EPA Docket Center (6102T), Attention Docket ID No. OAR-2002-0088,
1301 Constitution Avenue, NW., Room B-108, Washington, DC 20004. Such
deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information. Please include a total of two copies.
Instructions: Direct your comments to Docket ID No. OAR-2002-0088.
The EPA's policy is that all comments received will be included in the
public docket without change and may be made available online at http:/
/www.epa.gov/edkpub/index.jsp, including any personal information
provided, unless the comment includes information claimed to be
confidential business information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through EDOCKET,
regulations.gov, or e-mail. Send or deliver information identified as
CBI only to the following address: Mr. Roberto Morales, OAQPS Document
Control Officer, EPA (C404-02), Attention Docket ID No. OAR-2002-0088,
Research Triangle Park, NC 27711. Clearly mark the part or all of the
information that you claim to be CBI. The EPA EDOCKET and the Federal
regulations.gov websites are ``anonymous access'' systems, which means
EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an e-mail comment
directly to EPA without going through EDOCKET or regulations.gov, your
e-mail address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket visit EDOCKET on-line or see the
Federal Register of May 31, 2002 (67 FR 38102).
Docket: All documents in the docket are listed in the EDOCKET index
at https://www.epa.gov/edkpub/index.jsp. Although listed in the index,
some information is not publicly available, i.e., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either electronically in
EDOCKET or in hard copy form at the EPA Docket Center, Docket ID No.
OAR-2002-0088, EPA West Building, Room B-102, 1301 Constitution Ave.,
NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Public Reading Room is (202) 566-1744, and the
telephone number for the EPA Docket Center is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: For further information contact Susan
Fairchild, EPA, Office of Air Quality Planning and Standards, Emission
Standards Division, Minerals and Inorganic Chemicals Group (C504-05),
Research Triangle Park, NC 27711; telephone number (919) 541-5167; fax
number (919) 541-5600; e-mail address: fairchild.susan@epa.gov.

SUPPLEMENTARY INFORMATION:
Regulated Entities. Categories and entities potentially regulated
by this action include those listed in the following table:

Table 1.--Regulated Entities Table
----------------------------------------------------------------------------------------------------------------
Category NAICS* Examples of regulated entities
----------------------------------------------------------------------------------------------------------------
Industrial..................... 327124 Clay refractories manufacturing plants.
Industrial..................... 327125 Nonclay refractories manufacturing plants.
----------------------------------------------------------------------------------------------------------------
*North American Industry Classification System

This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. To determine whether your facility is regulated by this action,
you should examine the applicability criteria in 40 CFR 63.9782 of the
Refractory Products Manufacturing NESHAP. If you have any questions
regarding the applicability of this action to a particular entity,
consult the person listed in the preceding FOR FURTHER INFORMATION
CONTACT section.
Worldwide Web (WWW). In addition to being available in the docket,
an electronic copy of today's document will also be available on the
WWW. Following the Administrator's signature, a copy of this action
will be posted at https://www.epa.gov/ttn/oarpg on EPA's Technology
Transfer Network (TTN) policy and guidance page for newly proposed or
promulgated rules. The TTN provides information and technology exchange
in various areas of air pollution control.
Comments. We are publishing the direct final rule without prior
proposal because we view the amendments as noncontroversial and do not
anticipate adverse comments because the amendments clarify several of
the requirements of the NESHAP, bring the NESHAP into consistency with
the General Provisions to 40 CFR part 63, and make technical
corrections to the NESHAP. However, in the Proposed Rules section of
this Federal Register, we are publishing a separate document that will
serve as the proposal to amend the NESHAP for refractory products
manufacturing facilities if adverse comments are filed. If we receive
adverse comment on one or more distinct amendments, we will publish a
timely withdrawal in the Federal Register informing the public which
amendments will become effective, and which amendments are being
withdrawn due to adverse comment. We will address all public comments
on withdrawn amendments in a subsequent final rule. We will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time.

[[Page 7417]]

Judicial Review. Under section 307(b)(1) of the CAA, judicial
review of the direct final rule amendments is available only by filing
a petition for review in the United States Court of Appeals for the
District of Columbia Circuit by April 14, 2006. Under section
307(d)(7)(B) of the CAA, only an objection to the direct final rule
which was raised with reasonable specificity during the period for
public comment can be raised during judicial review. Moreover, under
section 307(b)(2) of the CAA, the requirements established by the
direct final rule may not be challenged separately in any civil or
criminal proceedings brought by EPA to enforce these requirements.
Outline. The information presented in this preamble is organized as
follows:

I. Background
II. Amendments to 40 CFR Part 63, Subpart SSSSS
A. Emission Testing
B. Control Device Operation
C. Operating Limits
D. Monitoring
E. Other Changes
III. Statutory and Executive Order Reviews
A. Executive Order 12866, Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132, Federalism
F. Executive Order 13175, Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045, Protection of Children From
Environmental Health Risks and Safety Risks
H. Executive Order 13211, Actions That Significantly Affect
Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act
J. Congressional Review Act

I. Background

The EPA promulgated the NESHAP for new and existing refractory
products manufacturing facilities on April 16, 2003 (68 FR 18730) as 40
CFR part 63, subpart SSSSS. Shortly after promulgation of the
Refractory Products Manufacturing NESHAP, EPA also promulgated
amendments to the General Provisions to 40 CFR part 63 (68 FR 32586,
May 30, 2003). After reviewing the final amendments to the General
Provisions and comparing those to the Refractory Products Manufacturing
NESHAP, we discovered discrepancies between sections of the General
Provisions as cited in the NESHAP and the newly amended sections of the
General Provisions. We also identified minor technical errors and other
specific sections of the Refractory Products Manufacturing NESHAP that
needed clarification. Today's action includes amendments to the
Refractory Products Manufacturing NESHAP that clarify the requirements
for testing, control device operation, operating limits, and
monitoring.

II. Amendments to 40 CFR Part 63, Subpart SSSSS

A. Emission Testing

The Refractory Products Manufacturing NESHAP specify several
requirements that pertain to the testing of batch process sources.
Because emissions of hazardous air pollutants (HAP) from a batch
process source can vary significantly over the course of a batch cycle,
the NESHAP specify emission limits in terms of the peak emissions
period. In today's action, we are revising the definition of the peak
emissions period in terms of the applicable emission limits to include
separate definitions for the 3-hour peak total hydrocarbons (THC) mass
emissions period, which applies to batch process sources that comply
with the THC percentage reduction limit; the 3-hour peak THC emissions
concentration period, which applies to batch sources that satisfy the
THC emission concentration limit; and the 3-hour peak hydrogen fluoride
(HF) mass emissions period, which pertains to the emission limits for
batch process clay refractory products kilns. All references to the
peak emissions period in the tables to 40 CFR part 63, subpart SSSSS,
have been revised for consistency.
The NESHAP include provisions to allow the owner or operator of an
affected batch process source to develop an emissions profile and use
the profile to limit emissions testing to the peak emissions period. In
today's action, we are amending 40 CFR 63.9802 to clarify that
emissions profiles for sources subject to the THC emission limits must
be developed using data collected at the maximum organic HAP processing
rate. This amendment also clarifies that a new emissions profile must
be developed if a facility wants to use an emissions profile to limit
testing to the peak emissions period at a process, but increases its
maximum organic HAP processing rate at that process. In addition, we
are amending 40 CFR 63.9802 to clarify that emissions profiles for
batch process clay refractory kilns must be developed using data from
when the kiln is processing the clay refractory product with the
highest uncalcined clay processing rate.
We are amending 40 CRF 63.9798(a) to eliminate the reference to
permit renewal, and stating that subsequent performance tests must be
conducted at least every 5 years. Item 1(b)(i)(1) of Table 4 to Subpart
SSSSS of Part 63 is amended to clarify that a sampling port is also
required at the control device inlet if the owner or operator plans to
develop an emissions profile or use the provision for reducing the
operating temperature of a thermal or catalytic oxidizer on an affected
batch process source. In both cases, sampling is required at the
control device inlet. Item 8(a)(i)(5) of Table 4 to Subpart SSSSS of
Part 63 is amended to specify the THC concentration in terms of the
outlet of the control device. We also made other minor changes to this
provision in Table 4 to simplify the wording.
Item 13 of Table 4 to Subpart SSSSS of Part 63 is amended to
eliminate the reference to the THC percentage reduction limit. We have
clarified that regardless of which THC emission limit applies to a
specific source, the owner or operator of the source must measure not
only the THC concentration, but also the oxygen concentration at the
control device inlet for at least the 1-hour period that immediately
follows the temperature reduction. This measurement is necessary for
demonstrating that the source is meeting the limit of 20 parts per
million dry volume (ppmvd) THC, corrected to 18 percent oxygen, after
the oxidizer temperature has been reduced.
Item 13.a.5 of Table 4 to Subpart SSSSS of Part 63 is amended to
clarify that only the THC emissions concentration limit applies
following any reduction in the oxidizer temperature. We received
comment on the proposed rule (67 FR 42108, June 20, 2002) requesting a
second emission limit be allowed for sources wanting to meet a
percentage reduction limit rather than an emission concentration limit.
The commenter believed that since EPA had promulgated percentage
reduction limits for other MACT standards to reduce emissions of THC,
and since air pollution control devices are usually rated and installed
with a minimum percent reduction achieved by the devices, that emission
limit would be simpler to meet. At promulgation of the final rule (68
FR 18730, April 16, 2003), we changed the rule to allow regulated
sources to meet either the percentage reduction limit or the
concentration limit.
In the final rule, we allowed the choice between either the
percentage reduction limit or the concentration limit, but required
owners and operators to meet the selected emission limit during all
times of operation. We also allowed owners and operators the option to
turn off the control device when it was no longer needed. However, for
those owners or operators

[[Page 7418]]

meeting the percentage reduction compliance option, it is not possible
to meet that limit if the control device is not in operation. We
believe that conserving energy is a beneficial option for all owners
and operators, and regardless of the compliance option selected, all
should have the opportunity to benefit from turning off the control
device when it is no longer needed. Thus, we are clarifying that
whether an owner or operator shows compliance with the percentage
reduction limit or the concentration limit, compliance with the rule
for a unit with a control device no longer in operation may only be
demonstrated by meeting the concentration limit; that is, when the THC
emissions are below 20 ppmvd corrected to 18 percent oxygen from the
heated process unit. Owners and operators in this case may choose to
meet the percentage reduction limit before turning off the control
device and may show compliance with the concentration limit after
turning off the control device.
Item 14(a)(i)(1) of Table 4 to Subpart SSSSS of Part 63 is amended
to specify that the performance tests must be performed while
processing the clay refractory product with the highest uncalcined clay
processing rate.

B. Control Device Operation

Refractory products manufacturing plants typically produce a wide
range of products, some of which may contain organic HAP binders or
additives, while other products may contain only inorganic binders or
additives that do not contain or form HAP. Many plants do not have
dedicated thermal process units (e.g., dryers and kilns) for each type
of product they manufacture and instead, use the same process units to
manufacture products that emit HAP and products that do not contain or
emit HAP. Recognizing this situation, we are amending 40 CFR 63.9792 of
the NESHAP to clarify that control devices used to comply with the
emission limits established by 40 CFR part 63, subpart SSSSS, do not
have to be operated when an otherwise affected process unit is
processing products that do not contain or release HAP. This amendment
applies to sources subject to the THC emission limits as well as the
emission limits for HF and hydrogen chloride (also known as
hydrochloric acid).
Table 3 to Subpart SSSSS of Part 63, which specifies work practice
standards, includes several options for controlling emissions of
polycyclic organic matter from shape preheaters and pitch working tanks
used in the manufacture of pitch-impregnated refractory products.
Options include exhausting the affected source to a thermal or
catalytic oxidizer that is comparable to a thermal or catalytic
oxidizer that is used to meet the emission limits for an affected
defumer or coking oven. To clarify what is meant by a ``comparable''
thermal or catalytic oxidizer, we are amending 40 CFR 63.9824 to
include a definition of ``comparable control device.''

C. Operating Limits

The Refractory Products Manufacturing NESHAP refer to the operating
limit as the ``maximum allowable organic HAP processing rate.'' We are
amending the definition of maximum organic HAP processing rate in 40
CFR 63.9824 to distinguish between the operating limit and the actual
processing rate measured during the performance test.
The Refractory Products Manufacturing NESHAP include several
operating limits for clay refractory products kilns that are controlled
by dry limestone adsorbers (DLA). We are amending the NESHAP to
eliminate the operating limits of maintaining free-flowing limestone
throughout the DLA because the term ``free-flowing'' may not be
appropriate for the grade of limestone used in DLA. The remaining
operating limits specified for DLA in the NESHAP are adequate for
ensuring compliance with the emission limits for clay refractory
products kilns.
As specified in Table 2 (Requirements for Establishing Operating
Limits) of the rule, Subpart SSSSS of Part 63, owners and operators of
certain thermal process sources of organic HAP are required to
establish an operating limit for the maximum organic HAP processing
rate. The organic HAP processing rate is a function of the amount of
organic HAP in the raw materials and the amounts of those raw materials
in the refractory product formulation. Because there are minor
variations in the content of organic HAP in a specific binder or
additive, the operating limit for the maximum organic HAP processing
rate can inadvertently be exceeded without changing the product
formulation. In today's action, we are amending the procedure for
establishing the operating limit and clarifying that minor exceedances
of the maximum organic HAP processing rate established during the
performance test are not violations of the operating limit.
Specifically, we are amending items 3(b) and 8(b) of Table 4
(Requirements for Performance Tests) to Subpart SSSSS of Part 63 to be
consistent with the requirements in Table 2 that reflect a 10 percent
allowance when calculating the operating limit.
Today's action amends the procedures for determining minimum
temperature operating limits for thermal and catalytic oxidizers that
are used to control emissions from certain batch process sources of
organic HAP as they pertain to sources that comply with the provisions
for reducing the operating temperature of a thermal or catalytic
oxidizer.
We are also amending subpart SSSSS to clarify that owners or
operators of batch process sources controlled with thermal or catalytic
oxidizers must measure the oxidizer operating temperature throughout
each entire test run.

D. Monitoring

The Refractory Products Manufacturing NESHAP require THC continuous
emission monitoring systems on thermal process sources of organic HAP
that use process changes or control devices other than thermal or
catalytic oxidizers to meet the THC emission limits. We are amending 40
CFR 63.9800(i)(1) by adding a reference to sources that use process
changes to meet the emission limits.
We are also amending 40 CFR 63.9800(i) to state that such sources
must maintain the 3-hour block average THC concentration at or below 20
ppmvd, corrected to 18 percent oxygen.
Today's action amends the definition of ``deviation'' in 40 CFR
63.9824 to include failure to provide adequate continuous monitoring
systems (CMS) data for demonstrating compliance with any emission limit
or other requirement. In addition, we are amending the requirement that
the owner or operator of an affected source that is required to use a
CMS to meet an operating limit must report any deviations from those
operating limits.

E. Other Changes

We are amending the Refractory Products Manufacturing NESHAP to
include definitions for Shutdown and Startup to preclude unnecessary
reporting of batch process source operation.

III. Statutory and Executive Order Reviews

A. Executive Order 12866, Regulatory Planning and Review

Under Executive Order 12866 (58 FR 51735, October 4, 1993), EPA
must determine whether the regulatory action is ``significant'' and,
therefore, subject to review by the Office of Management and Budget
(OMB) and the requirements of the Executive Order. The Executive Order
defines ``significant regulatory

[[Page 7419]]

action'' as one that is likely to result in a rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs, or the rights and obligation of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
Pursuant to the terms of Executive Order 12866, it has been
determined that this rule is a ``significant regulatory action''
because it raises novel legal or policy issues arising out of legal
mandates. As such, this action was submitted to OMB for review. Changes
made in response to OMB suggestions or recommendations will be
documented in the public record.

B. Paperwork Reduction Act

This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501, et seq.
The OMB approved the information collection requests for the NESHAP for
refractory products manufacturing pursuant to the provisions of the
Paperwork Reduction Act, 44 U.S.C. 3501, et seq. The OMB assigned OMB
control number 2060-0515 (EPA ICR No. 2040.02) to these information
collection requests (ICR). A copy of the ICR may be obtained from Susan
Auby by mail at the Office of Environmental Information, Collection
Strategies Division (2822T), EPA, 1200 Pennsylvania Ave., NW,
Washington, DC 20460; by e-mail at auby.susan@epa.gov; or by calling
(202) 566-1672. You may also download a copy off the Internet at http:/
/www.epa.gov/icr.
Today's action makes clarifying changes to the NESHAP for
refractory products manufacturing and imposes no new information
collection requirements on the industry. Because there is no additional
burden on the industry as a result of the direct final rule amendments,
the ICR has not been revised.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a current
valid OMB control number. The OMB control numbers for EPA's regulations
are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

EPA has determined that it is not necessary to prepare a regulatory
flexibility analysis in connection with this final rule.
For purposes of assessing the impacts of today's rule on small
entities, small entity is defined as: (1) A small business as defined
by the Small Business Administrations' regulations at 13 CFR 121.201;
(2) a small governmental jurisdiction that is a government of a city,
county, town, school district or special district with a population of
less than 50,000; and (3) a small organization that is any not-for-
profit enterprise which is independently owned and operated and is not
dominant in its field.
After considering the economic impacts of today's direct final rule
amendments on small entities, EPA has concluded that this action will
not have a significant economic impact on a substantial number of small
entities. This action includes minor corrections and clarifications to
the Refractory Products Manufacturing NESHAP that do not add any
additional requirements.
Although the direct final rule amendments will not have a
significant economic impact on a substantial number of small entities,
EPA nonetheless has tried to reduce the impact of the direct final rule
amendments on small entities. The EPA has limited the amendments to
changes that clarify ambiguities of the Refractory Products
Manufacturing NESHAP, correct citations to the General Provisions, and
clarify the complex batch testing requirements of the Refractory
Products Manufacturing NESHAP. The EPA believes that the amendments
will simplify the NESHAP and will not add additional burden to
regulated entities.

D. Unfunded Mandates Reform Act

Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law No. 104-4, establishes requirements for Federal agencies to assess
the effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures by State, local, and tribal governments, in
the aggregate, or by the private sector, of $100 million or more in any
1 year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective, or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective, or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA's regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
The EPA has determined that today's direct final rule amendments do
not contain a Federal mandate that may result in expenditures of $100
million or more for State, local, and tribal governments, in the
aggregate, or the private sector in any 1 year, nor do the direct final
rule amendments significantly or uniquely impact small governments
because there are no requirements that apply to such governments or
impose obligations upon them. Thus, today's direct final rule
amendments are not subject to the

[[Page 7420]]

requirements of sections 202 and 205 of the UMRA.

E. Executive Order 13132, Federalism

Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
The direct final rule amendments do not have federalism
implications. They will not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132.
None of the affected facilities are owned or operated by State or local
governments, and the direct final rule amendments will not supercede
State regulations that are more stringent. Thus, Executive Order 13132
does not apply to the direct final rule amendments.

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

Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' The direct final rule
amendments do not have tribal implications, as specified in Executive
Order 13175. They will not have substantial direct effects on tribal
governments, on the relationship between the Federal government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal government and Indian tribes, as specified in
Executive Order 13175. No tribal governments own or operate refractory
products manufacturing facilities. Thus, Executive Order 13175 does not
apply to the direct final rule amendments.

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

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

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

This rule is not a ``significant regulatory action'' as defined in
Executive Order 13211 (66 FR 28355, May 22, 2001) because it is not
likely to have a significant adverse effect on the supply,
distribution, or use of energy. We have concluded that the direct final
rule amendments are not likely to have any adverse energy effects.

I. National Technology Transfer and Advancement Act

Section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) of 1995, Public Law No. 104-113; 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards (VCS) in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. The VCS are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
VCS bodies. The NTTAA directs EPA to provide Congress, through the OMB,
explanations when the Agency decides not to use available and
applicable VCS.
The direct final rule amendments implement clarifications and
corrections to the NESHAP for refractory product manufacturing, but do
not change any technical standards. Therefore, EPA did not consider the
use of any VCS.

J. Congressional Review Act

The Congressional Review Act, 5 U.S.C. 801, et seq., as added by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. The EPA will submit a report containing
the direct final rule amendments and other required information to the
United States Senate, the United States House of Representatives, and
the Comptroller General of the United States prior to publication of
the direct final rule amendments in the Federal Register. A major rule
cannot take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2). The direct final rule amendments are effective on April 14,
2006.

List of Subjects in 40 CFR Part 63

Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous substances, Intergovernmental
relations, Reporting and recordkeeping requirements.

Dated: December 7, 2005.
Stephen L. Johnson,
Administrator.

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

PART 63--[AMENDED]

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

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

Subpart SSSSS--[Amended]

0
2. Section 63.9792 is amended as follows:
0
a. Revising paragraph (b);
0
b. Redesignating paragraph (f) as paragraph (g); and
0
c. Adding a new paragraph (f).

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

* * * * *
(b) Except as specified in paragraphs (e) and (f) of this section,
you must

[[Page 7421]]

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.
* * * * *
(f) For any affected source that is subject to any of the emission
limits specified in Table 1 to this subpart, you do not have to operate
the control device on that affected source under the conditions
specified in paragraphs (f)(1) and (2) of this section.
(1) For any source that is subject to the THC emissions
concentration limit or the THC percentage reduction limit, you do not
have to operate the control device on that source when none of the
refractory products that are being processed by that source contain or
form an organic HAP.
(2) For any new clay refractory products kiln that is subject to
the production-based mass emission limits or the percentage reduction
limits for hydrogen flouride (HF) and hydrogen chloride (HCl), you do
not have to operate the control device on that kiln when none of the
refractory products that are being processed by that kiln are clay
refractory products, as defined in Sec. 63.9824.
* * * * *

0
3. Section 63.9798 is amended as follows:
0
a. Revising paragraph (a);
0
b. Revising paragraph (c) introductory text; and
0
c. Revising paragraphs (c)(2) and (d).

Sec. 63.9798 When must I conduct subsequent performance tests?

(a) You must conduct a performance test at least every 5 years
following the initial performance test.
* * * * *
(c) If you own or operate a source that is subject to the emission
limits specified in items 2 through 9 of Table 1 to this subpart, you
must conduct a performance test on the source(s) listed in paragraphs
(c)(1) and (2) of this section before you start production of any
refractory product for which the organic HAP processing rate is likely
to exceed the maximum allowable organic HAP processing rate, as defined
in items 3(b) and 8(b) of Table 4 to this subpart, established during
the most recent performance test on that same source.
* * * * *
(2) Each affected kiln that follows an affected shape dryer or
curing oven in the same process line and is used to process the
refractory product with the higher organic HAP processing rate.
(d) If you own or operate a kiln that is subject to the emission
limits specified in item 5 or 9 of Table 1 to this subpart, you must
conduct a performance test on the affected kiln following any process
changes that are likely to increase organic HAP emissions from the kiln
(e.g., a decrease in the curing cycle time for a curing oven that
precedes the affected kiln in the same process line).
* * * * *

0
4. Section 63.9800 is amended as follows:
0
a. Revising paragraph (g)(1);
0
b. Revising paragraph (g)(3);
0
c. Revising paragraph (i)(1) introductory text; and
0
d. Adding paragraphs (i)(1)(iv) to (vi).

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

* * * * *
(g) * * *
(1) To determine compliance with the total hydrocarbon (THC)
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 1 of this section:
[GRAPHIC] [TIFF OMITTED] TR13FE06.000

Where:

CTHCC = THC concentration, corrected to 18 percent oxygen,
parts per million by volume, dry basis (ppmvd)
CTHC = THC concentration (uncorrected), ppmvd
CO2 = Oxygen concentration, percent
* * * * *
(3) To determine compliance with production-based HF and HCl
emission limits in Table 1 to this subpart, you must calculate your
mass emissions per unit of uncalcined clay processed for each test run
using Equation 3 of this section:
[GRAPHIC] [TIFF OMITTED] TR13FE06.001

Where:

MP = mass emissions of specific HAP (HF or HCl) per unit of production,
kilograms of pollutant per megagram (pounds per ton) of uncalcined clay
processed
ER = mass emissions rate of specific HAP (HF or HCl) during each
performance test run, kilograms (pounds) per hour
P = average uncalcined clay processing rate for the performance test,
megagrams (tons) of uncalcined clay processed per hour
* * * * *
(i) * * *
(1) For sources subject to the THC concentration limit specified in
item 3, 4, 7, or 8 of Table 1 to this subpart, you must satisfy the
requirements specified in paragraphs (i)(1)(i) through (vi) of this
section.
* * * * *
(iv) You must meet the data reduction requirements specified in
Sec. 63.8(g).
(v) You must maintain the 3-hour block average THC concentration at
or below 20 ppmvd, corrected to 18 percent oxygen.
(vi) To calculate the oxygen correction specified in paragraph
(i)(1)(v) of this section, you may use oxygen concentration
measurements concurrent with THC concentration measurements, the
average oxygen concentration measured during the most recent
performance test on the affected source, or other oxygen concentration
measurements that are representative of normal operation for the
affected source.
* * * * *

0
5. Section 63.9802 is revised to read as follows:

Sec. 63.9802 How do I develop an emissions profile?

(a) If you decide to develop an emissions profile for an affected
batch process source, as indicated in item 8(a)(i)(4) or 17(b)(i)(4) of
Table 4 to this subpart, you must measure and record mass emissions of
the applicable pollutant throughout a complete batch cycle of the
affected batch process source according to the procedures described in
paragraph (a)(1) or (2) of this section.
(1) If your affected batch process source is subject to the THC
concentration limit specified in item 6(a), 7(a), 8, or 9 of Table 1 to
this subpart or the THC percentage reduction limit specified in item
6(b) or 7(b) of Table 1 to this subpart, you must measure and record
the THC mass emissions rate at the inlet to the control device using
the test methods, averaging periods, and procedures specified in items
10(a) and (b) of Table 4 to this subpart for each complete hour of the
batch process cycle and while the source is processing the product with
the maximum organic HAP processing rate.

[[Page 7422]]

(2) If your affected batch process source is subject to the HF and
HCl percentage reduction emission limits in item 11 of Table 1 to this
subpart, you must measure and record the HF mass emissions rate at the
inlet to the control device through a series of 1-hour test runs using
one of the test methods specified in item 14(a) of Table 4 to this
subpart for each complete hour of the batch process cycle and while the
source is processing the product with the highest uncalcined clay
processing rate.
(b) You must develop a new emissions profile if you meet all of the
conditions specified in paragraphs (b)(1) through (3) of this section.
(1) You own or operate a batch process source that is subject to
the emission limits specified in item 6(a), 6(b), 7(a), 7(b), 8, or 9
of Table 1 to this subpart.
(2) You use an emissions profile to limit emission testing to the
3-hour peak emissions period.
(3) You begin manufacturing a new refractory product for which the
organic HAP processing rate is likely to exceed the maximum allowable
organic HAP processing rate established during the most recent
performance test on that same source.

0
6. Section 63.9812 is amended by revising paragraphs (b) and (c) to
read as follows:

Sec. 63.9812 What notifications must I submit and when?

* * * * *
(b) As specified in Sec. 63.9(b)(2), 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.
(c) As specified in Sec. 63.9(b)(2), 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.
* * * * *

0
7. Section 63.9816 is amended by revising paragraph (c)(9) to read as
follows:

Sec. 63.9816 What records must I keep?

* * * * *
(c) * * *
(9) If you operate a source that is subject to the THC emission
limits specified in item 2 or 6 of Table 1 to this subpart and is
controlled with a catalytic oxidizer, records of annual checks of
catalyst activity levels and subsequent corrective actions.
* * * * *

0
8. Section 63.9824 is amended as follows:
0
a. Revising paragraph (3) and adding paragraph (4) to the definition of
Deviation;
0
b. Revising the definitions of Maximum organic HAP processing rate and
Peak emissions period; and
0
c. Adding the definitions of Comparable control device, Shutdown, and
Startup.

Sec. 63.9824 What definitions apply to this subpart?

* * * * *
Comparable control device means, subject to paragraphs (1), (2),
and (3) of this definition, a control device with design and operating
parameters that are comparable to the reference control device.
(1) For a thermal oxidizer, a comparable control device is either:
(i) A thermal oxidizer with a residence time at least as long as,
and a combustion chamber operating temperature at least as high as the
reference thermal oxidizer; or
(ii) A control device that has been demonstrated to control
emissions to a level that is comparable to or better than the level of
emissions control achieved by the reference thermal oxidizer.
(2) For a catalytic oxidizer, a comparable control device is
either:
(i) A catalytic oxidizer with a space velocity no greater than, and
a catalyst bed inlet temperature at least as high as the reference
catalytic oxidizer; or
(ii) A control device that has been demonstrated to control
emissions to a level that is comparable to or better than the level of
emissions control achieved by the reference catalytic oxidizer.
(3) For other control devices, a comparable control device is one
that has been demonstrated either through engineering calculations or
emission testing to control emissions to a level that is comparable to
or better than the level of control achieved by the reference control
device.
* * * * *
Deviation * * *.
(3) Fails to meet any emission limitation (emission limit,
operating limit, or work practice standard) in this subpart during
startup, shutdown, or malfunction, regardless of whether or not such
failure is permitted by this subpart; or
(4) Fails to provide adequate monitoring data for demonstrating
compliance with any emission limitation (emission limit, operating
limit, or work practice standard) or other applicable requirement
established by this subpart due to a malfunction or failure of any CMS
required by this subpart.
* * * * *
Maximum organic HAP processing rate means the maximum rate at which
the mass of organic HAP materials in refractory shapes are processed in
an affected process unit. (See also the definition of organic HAP
processing rate.)
* * * * *
Peak emissions period means the period of consecutive hourly
average emissions of the applicable pollutant that is greater than any
other period of consecutive hourly average emissions for the same
pollutant over the course of a specified batch process cycle, as
defined in paragraphs (1) through (3) of this definition. The peak
emissions period is a function of the rate at which the temperature of
the refractory shapes is increased, the mass and loading configuration
of the shapes in the process unit, the constituents of the refractory
mix, and the type of pollutants emitted.
(1) The 3-hour peak THC mass emissions period is the period of 3
consecutive hours over which the sum of the uncontrolled hourly THC
mass emissions rates is greater than the sum of the uncontrolled hourly
THC mass emissions rates for any other period of 3 consecutive hours
during the same batch process cycle.
(2) The 3-hour peak THC emissions concentration period is the
period of 3 consecutive hours over which the sum of the THC
concentrations, corrected to 18 percent oxygen, is greater than the sum
of the THC concentrations at the same sampling location, corrected to
18 percent oxygen, for any other period of 3 consecutive hours during
the same batch process cycle.
(3) The 3-hour peak HF mass emissions period is the period of 3
consecutive hours over which the sum of the uncontrolled hourly HF mass
emissions rates is greater than the sum of the uncontrolled hourly HF
mass emissions rates for any other period of 3 consecutive hours during
the same batch process cycle.
* * * * *
Shutdown means the cessation of operation of an affected source.
For an affected batch process source, shutdown means the cessation of
operation during a batch cycle. Shutdown does not include normal
periods between batch cycles when the batch process source is not in
operation.
Startup means the setting into operation of an affected source. For
an affected batch process source, startup means the initial startup of
the source

[[Page 7423]]

or the startup of the source following maintenance, replacement of
equipment, or equipment repairs. Startup does not include routine
recharging of a batch process source at the start of a batch cycle.
* * * * *

0
9. Table 1 to subpart SSSSS is amended as follows:
0
a. Revising items 6.a and b;
0
b. Revising items 7.a and b;
0
c. Revising item 8;
0
d. Redesignating items 9, 10, and 11 as items 10, 11, and 12;
0
e. Adding a new clarification as item 9;
0
f. Revising newly redesignated items 11.a and b; and

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
For . . . emission limits . . .
------------------------------------------------------------------------

* * * * * * *
6. Batch process units that are a. The 2-run block average THC
controlled with a thermal or catalytic concentration for the 3-hour
oxidizer. peak THC emissions
concentration 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 THC mass 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 other concentration for the 3-hour
than a thermal or catalytic oxidizer. peak THC emissions
concentration 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 THC mass emissions
period must be reduced by at
least 95 percent.
8. Batch process units that use process The 2-run block average THC
changes to reduce organic HAP concentration for the 3-hour
emissions. peak THC emissions
concentration period must not
exceed 20 ppmvd, corrected to
18 percent oxygen, at the
outlet of the process gas
stream.
9. Batch process units that have turned The 2-run block average THC
off the control device or are not concentration for the 3-hour
equipped with a control device. peak THC emissions
concentration period must not
exceed 20 ppmvd, corrected to
18 percent oxygen, at the
outlet of the process gas
stream.
10. Batch process kilns that are not The 2-run block average THC
equipped with a control device. concentration for the 3-hour
peak THC emissions
concentration period must not
exceed 20 ppmvd, corrected to
18 percent oxygen, at the
outlet of the process gas
stream.
11. Each new continuous kiln that is a. The 3-hour block average HF
used to produce clay refractory emissions must not exceed
products. 0.019 kilograms per megagram
(kg/Mg) (0.038 pounds per ton
kiln that is (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.

* * * * * * *
------------------------------------------------------------------------

[[Page 7424]]

0
10. Table 2 to subpart SSSSS is amended as follows:
0
a. Revising item 1.c;
0
b. Revising item 4;
0
c. Revising 7;
0
d. Revising items 8.a and b and adding items 8.c through e;
0
e. Revising items 9.a and b, and adding new items 9.d through f; and
0
f. Removing item 11.b and redesignating items 11.c and d as items 11.b
and c, respectively.

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 Table 1 to this * * *
subpart. 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) and (f),
item 2 of this table, and item 13 of Table 4 to this
subpart; and * * *

* * * * * * *
4. Each affected continuous process unit............... Maintain the 3-hour block average organic HAP
processing rate (pounds per hour) at or below the
maximum allowable organic HAP processing rate
established during the most recent performance test.

* * * * * * *
7. Each affected batch process unit.................... For each batch cycle, maintain the organic HAP
processing rate (pounds per batch) at or below the
maximum allowable organic HAP processing rate
established during the most recent performance test.
8. Batch process units that are equipped with a thermal a. Except as specified in item 8.b. of this table,
oxidizer. maintain throughout the entire batch cycle the hourly
average operating temperature in the thermal oxidizer
combustion chamber at or above the minimum allowable
operating temperature established during the most
recent performance test, as determined according to
item 11 of Table 4 to this subpart; and
b. If complying with the provisions for reducing the
thermal oxidizer operating temperature, as specified
in item 13 of Table 4 to this subpart, satisfy the
requirements of items 8.c. through 8.e. of this table;
c. From the start of the batch cycle until the batch
process unit reaches its maximum temperature, maintain
the thermal oxidizer combustion chamber temperature at
or above the minimum allowable temperature established
during the most recent performance test, as determined
according to item 11 of Table 4 to this subpart;
d. From the time when the batch process unit reaches
its maximum temperature, maintain the thermal oxidizer
combustion chamber temperature at or above the minimum
allowable temperature established during the most
recent performance test, as determined according to
item 11 of Table 4 to this subpart, for a length of
time that equals or exceeds the length of time between
the process unit reaching its maximum temperature and
the start of the thermal oxidizer temperature
reduction during the most recent performance test;
e. For the remainder of the batch process cycle,
maintain the thermal oxidizer combustion chamber
temperature at or above the reduced thermal oxidizer
temperature established during the most recent
performance test, as specified in item 13 of Table 4
to this subpart.

[[Page 7425]]

9. Batch process units that are equipped with a a. Except as specified in item 9.b. of this table,
catalytic oxidizer. maintain throughout the entire batch cycle the hourly
average operating temperature at the inlet of the
catalyst bed at or above the minimum allowable
operating temperature established during the most
recent performance test, as determined according to
item 12 of Table 4 to this subpart; and
b. If complying with the provisions for reducing the
catalytic oxidizer operating temperature, as specified
in item 13 of Table 4 to this subpart, satisfy the
requirements of items 9.d through 9.f of this table;
and
c. Check the activity level of the catalyst at least
every 12 months.
d. From the start o

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