National Emission Standards for Hazardous Air Pollutants for Area Sources: Acrylic and Modacrylic Fibers Production, Carbon Black Production, Chemical Manufacturing: Chromium Compounds, Flexible Polyurethane Foam Production and Fabrication, Lead Acid Battery Manufacturing, and Wood Preserving, 16636-16676 [E7-5790]
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16636
Federal Register / Vol. 72, No. 64 / Wednesday, April 4, 2007 / Proposed Rules
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 63
[EPA-HQ-OAR–2006–0897; FRL–8293–2]
RIN 2060-AN44
National Emission Standards for
Hazardous Air Pollutants for Area
Sources: Acrylic and Modacrylic
Fibers Production, Carbon Black
Production, Chemical Manufacturing:
Chromium Compounds, Flexible
Polyurethane Foam Production and
Fabrication, Lead Acid Battery
Manufacturing, and Wood Preserving
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
ycherry on PROD1PC64 with PROPOSALS2
AGENCY:
SUMMARY: EPA is proposing six national
emissions standards for hazardous air
pollutants for seven area source
categories. The proposed emissions
standards and associated requirements
for two area source categories (Flexible
Polyurethane Foam Production and
Flexible Polyurethane Foam
Fabrication) are combined in one
subpart. The proposed emissions
standards for new and existing sources
are based on EPA’s proposed
determination as to what constitutes the
generally available control technology
or management practices for each area
source category.
DATES: Comments must be received on
or before May 4, 2007, unless a public
hearing is requested by April 16, 2007.
If a hearing is requested on the proposed
rules, written comments must be
received by May 21, 2007. Under the
Paperwork Reduction Act, comments on
the information collection provisions
must be received by OMB on or before
May 4, 2007.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OAR–2006–0897 by one of the following
methods:
• www.regulations.gov: Follow the
on-line instructions for submitting
comments.
• E-mail: a-and-r-docket@epa.gov.
• Fax: (202) 566–1741.
• Mail: National Emission Standards
for Hazardous Air Pollutants for Area
Sources: Acrylic and Modacrylic Fibers
Production, Carbon Black Production,
Chemical Manufacturing: Chromium
Compounds, Flexible Polyurethane
Foam Production and Fabrication, Lead
Acid Battery Manufacturing, and Wood
Preserving Docket, Environmental
Protection Agency, Mailcode: 6102T,
1200 Pennsylvania Ave., NW.,
Washington, DC 20460. Please include a
total of two copies. In addition, please
mail a copy of your comments on the
information collection provisions to the
Office of Information and Regulatory
Affairs, Office of Management and
Budget (OMB), Attn: Desk Officer for
EPA, 725 17th St., NW., Washington, DC
20503.
• Hand Delivery: EPA Docket Center,
Public Reading Room, EPA West, Room
3334, 1301 Constitution Ave., NW.,
Washington, DC 20460. Such deliveries
are only accepted during the Docket’s
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information.
Note: The EPA Docket Center suffered
damage due to flooding during the last week
of June 2006. The Docket Center is
continuing to operate. However, during the
cleanup, there will be temporary changes to
Docket Center telephone numbers, addresses,
and hours of operation for people who wish
to make hand deliveries or visit the Public
Reading Room to view documents. Consult
EPA’s Federal Register notice at 71 FR 38147
(July 5, 2006) or the EPA Web site at https://
www.epa.gov/epahome/dockets.htm for
current information on docket operations,
locations and telephone numbers.
Instructions: Direct your comments to
Docket ID No. EPA–HQ–OAR–2006–
0897. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or e-mail. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an e-mail
comment directly to EPA without going
through www.regulations.gov, your email address will be automatically
captured and included as part of the
comment that is placed in the public
NAICS code 1
Category
Industry:
Acrylic and modacrylic fibers production.
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docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses.
Docket: All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically in
www.regulations.gov or in hard copy at
the National Emission Standards for
Hazardous Air Pollutants for Area
Sources: Acrylic and Modacrylic Fibers
Production, Carbon Black Production,
Chemical Manufacturing: Chromium
Compounds, Flexible Polyurethane
Foam Production and Fabrication, Lead
Acid Battery Manufacturing, and Wood
Preserving Docket, EPA/DC, EPA West,
Room 3334, 1301 Constitution Ave.,
NW., Washington, DC. The Public
Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone
number for the Public Reading Room is
(202) 566–1744, and the telephone
number for the Air Docket is (202) 566–
1742.
Ms.
Sharon Nizich, Sector Policies and
Programs Division, Office of Air Quality
Planning and Standards (D243–02),
Environmental Protection Agency,
Research Triangle Park, North Carolina
27711, telephone number: (919) 541–
2825; fax number: (919) 541–3207; email address: nizich.sharon@epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
The regulated categories and entities
potentially affected by the proposed
standards include:
Examples of regulated entities
Area source facilities that manufacture polymeric organic fibers using acrylonitrile
as a primary monomer.
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NAICS code 1
Category
Carbon black production ...................
325182
Chemical manufacturing: chromium
compounds.
Flexible polyurethane foam production.
Flexible polyurethane foam fabrication operations.
Lead acid battery manufacturing .......
325188
326150
326150
335911
Wood preserving ...............................
1 North
321114
Examples of regulated entities
Area source facilities that manufacture carbon black using the furnace, thermal, or
acetylene decomposition process.
Area source facilities that produce chromium compounds, principally sodium dichromate, chromic acid, and chromic oxide, from chromite ore.
Area source facilities that manufacture foam made from a polyurethane polymer.
Area source facilities that cut or bond flexible polyurethane foam pieces together or
to other substrates.
Area source facilities that manufacture lead acid storage batteries made from lead
alloy ingots and lead oxide.
Area source facilities that treat wood such as lumber, ties, poles, posts, or pilings
with a preservative.
American Industry Classification System.
This table is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
affected by this action. To determine
whether your facility would be
regulated by this action, you should
examine the applicability criteria in 40
CFR 63.11393 of subpart LLLLLL
(NESHAP for Acrylic and Modacrylic
Fibers Production Area Sources), 40
CFR 63.11400 of subpart MMMMMM
(NESHAP for Carbon Black Production
Area Sources), 40 CFR 63.11407 of
subpart NNNNNN (NESHAP for
Chemical Manufacturing Area Sources:
Chromium Compounds), 40 CFR
63.11414 of subpart OOOOOO
(NESHAP for Flexible Polyurethane
Foam Production and Fabrication Area
Sources), 40 CFR 63.11421 of subpart
PPPPPP (NESHAP for Lead Acid Battery
Manufacturing Area Sources), or 40 CFR
63.11428 of subpart QQQQQQ
(NESHAP for Wood Preserving Area
Sources). If you have any questions
regarding the applicability of this action
to a particular entity, consult either the
air permit authority for the entity or
your EPA regional representative as
listed in 40 CFR 63.13 of subpart A
(General Provisions).
B. What should I consider as I prepare
my comments to EPA?
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16637
Do not submit information containing
CBI to EPA through
www.regulations.gov or e-mail. Send or
deliver information identified as CBI
only to the following address: Roberto
Morales, OAQPS Document Control
Officer (C404–02), Office of Air Quality
Planning and Standards, Environmental
Protection Agency, Research Triangle
Park, North Carolina 27711, Attention
Docket ID EPA-HQ-OAR–2006–0897.
Clearly mark the part or all of the
information that you claim to be CBI.
For CBI information in a disk or CD
ROM that you mail to EPA, mark the
outside of the disk or CD ROM as CBI
and then identify electronically within
the disk or CD ROM the specific
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information that is claimed as CBI. In
addition to one complete version of the
comment that includes information
claimed as CBI, a copy of the comment
that does not contain the information
claimed as CBI must be submitted for
inclusion in the public docket.
Information so marked will not be
disclosed except in accordance with
procedures set forth in 40 CFR part 2.
C. Where can I get a copy of this
document?
In addition to being available in the
docket, an electronic copy of this
proposed action will also be available
on the Worldwide Web (WWW) through
the Technology Transfer Network
(TTN). Following signature, a copy of
this proposed action will be posted on
the TTN’s policy and guidance page for
newly proposed or promulgated rules at
the following address: https://
www.epa.gov/ttn/oarpg/. The TTN
provides information and technology
exchange in various areas of air
pollution control.
D. When would a public hearing occur?
If anyone contacts EPA requesting to
speak at a public hearing concerning the
proposed rules by April 16, 2007, we
will hold a public hearing on April 19,
2007. If you are interested in attending
the public hearing, contact Ms. Pamela
Garrett at (919) 541–7966 to verify that
a hearing will be held.
E. How is this document organized?
The supplementary information
presented in this preamble is organized
as follows:
I. General Information
A. Does this action apply to me?
B. What should I consider as I prepare my
comments to EPA?
C. Where can I get a copy of this
document?
D. When would a public hearing occur?
E. How is this document organized?
II. Background Information for Proposed Area
Source Standards
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III. Proposed Area Source NESHAP for
Acrylic and Modacrylic Fibers
Production
A. What area source category is affected by
the proposed NESHAP?
B. What are the production processes and
emissions points at facilities that
manufacture acrylic and modacrylic
fibers?
C. What are the proposed requirements for
area sources?
D. What is our rationale for selecting the
proposed standards for area sources?
IV. Proposed Area Source NESHAP for
Carbon Black Production
A. What area source category is affected by
the proposed NESHAP?
B. What are the production processes and
emissions points at facilities that
manufacture carbon black?
C. What are the proposed requirements for
area sources?
D. What is our rationale for selecting the
proposed standards for area sources?
V. Proposed Area Source NESHAP for
Chemical Manufacturing: Chromium
Compounds
A. What area source category is affected by
the proposed NESHAP?
B. What are the production processes and
emissions points at facilities that
manufacture chromium compounds?
C. What are the proposed requirements for
area sources?
D. What is our rationale for selecting the
proposed standards for area sources?
VI. Proposed Area Source NESHAP for
Flexible Polyurethane Foam Production
and Fabrication
A. What area source categories are affected
by the proposed NESHAP?
B. What are the production processes and
emissions points for flexible
polyurethane foam and fabrication?
C. What are the proposed requirements for
area sources?
D. What is our rationale for selecting the
proposed standards for area sources?
VII. Proposed Area Source NESHAP for Lead
Acid Battery Manufacturing
A. What area source category is affected by
the proposed NESHAP?
B. What are the production processes and
emissions points at facilities that
manufacture lead acid batteries?
C. What are the proposed requirements for
area sources?
D. What is our rationale for selecting the
proposed standards for area sources?
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VIII. Proposed Area Source NESHAP for
Wood Preserving
A. What area source category is affected by
the proposed NESHAP?
B. What are the production processes and
emissions points at wood preserving
facilities?
C. What are the proposed requirements for
area sources?
D. What is our rationale for selecting the
proposed standards for area sources?
IX. Proposed Exemption of Certain Area
Source Categories From Title V
Permitting Requirements
X. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation
and Coordination with Indian Tribal
Governments
G. Executive Order 13045: Protection of
Children from Environmental Health and
Safety Risks
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
I. National Technology Transfer
Advancement Act
J. Executive Order 12898: Federal Actions
to Address Environmental Justice in
Minority Populations and Low-Income
Populations
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II. Background Information for
Proposed Area Source Standards
Section 112(k)(3)(B) of the Clean Air
Act (CAA) requires EPA to identify at
least 30 hazardous air pollutants (HAP)
that pose the greatest potential health
threat in urban areas, and section
112(c)(3) requires EPA to regulate the
area source 1 categories that represent 90
percent of the emissions of the 30
‘‘listed’’ HAP (‘‘urban HAP’’). We
implemented these listing requirements
through the Integrated Urban Air Toxics
Strategy (64 FR 38715, July 19, 1999).2
Sierra Club sued EPA, alleging a failure
to complete standards for the source
categories listed pursuant to CAA
section 112(c)(3) within the timeframe
specified by the statute. See Sierra Club
v. Johnston, No. 01–1537, (D.D.C.). On
March 31, 2006, the court issued an
order requiring EPA to promulgate
standards under CAA section 112(d) for
those area source categories listed
pursuant to CAA section 112(c)(3).
Among other things, the order
requires that, by June 15, 2007, EPA
1 An area source is a stationary source of HAP
emissions that is not a major source. A major source
is a stationary source that emits or has the potential
to emit 10 tons per year (tpy) or more of any HAP
or 25 tpy or more of any combination of HAP.
2 Since its publication in the Integrated Urban Air
Toxics Strategy in 1999, the area source category
list has undergone several amendments.
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complete standards for six area source
categories. We have selected seven area
source categories to meet this obligation
even though standards are required for
only six area sources categories. The
seven area source categories that we
have selected to meet this obligation are:
(1) Acrylic and Modacrylic Fibers
Production; (2) Carbon Black
Production; (3) Chemical
Manufacturing: Chromium Compounds;
(4) Flexible Polyurethane Foam
Production; (5) Flexible Polyurethane
Foam Fabrication Operations; (6) Lead
Acid Battery Manufacturing; and (7)
Wood Preserving.
We listed Flexible Polyurethane Foam
Fabrication Operations as an area source
category under CAA section 112(c)(3) as
part of the 1999 Integrated Urban
Strategy (64 FR 38721, July 19, 1999).
On June 26, 2002, we amended the area
source category list by adding source
categories, including Acrylic and
Modacrylic Fibers Production, Flexible
Polyurethane Foam Production, Lead
Acid Battery Manufacturing, and Wood
Preserving (67 FR 43112, 43113). On
November 22, 2002, we added Carbon
Black Production and Chemical
Manufacturing: Chromium Compounds
to the area source category list (67 FR
70427, 70428).
The inclusion of each of these source
categories on the section 112(c)(3) area
source category list is based on 1990
emissions data, as EPA used 1990 as the
baseline year for that listing. The
Acrylic and Modacrylic Fibers area
source category listing was based on
emissions of the HAP acrylonitrile (AN).
Emissions of chromium were the basis
for the listing of the Chemical
Manufacturing: Chromium Compounds
source category. The Lead Acid Battery
Manufacturing area source category
listing was based on emissions of lead
and cadmium. The listing of Carbon
Black Production was based on HAP
emissions of polycyclic organic matter
(POM). The listings of Flexible
Polyurethane Foam Production and
Flexible Polyurethane Foam Fabrication
Operations were based on HAP
emissions of methylene chloride, and
the listing of Wood Preserving was
based on HAP emissions of arsenic,
chromium, methylene chloride, and
dioxin.
Under CAA section 112(d)(5), the
Administrator may, in lieu of standards
requiring maximum achievable control
technology (MACT) under section
112(d)(2), elect to promulgate standards
or requirements for area sources ‘‘which
provide for the use of generally
available control technologies or
management practices by such sources
to reduce emissions of hazardous air
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pollutants.’’ Under section 112(d)(5), the
Administrator has the discretion to use
generally available control technology
or management practices (GACT) in lieu
of MACT. Pursuant to section 112(d)(5),
we have decided not to issue MACT
standards and concluded that GACT is
appropriate for these seven source
categories.
Legislative history describes GACT as
standards or requirements reflecting
application of generally available
control technology or management
practices, that is, ‘‘methods, practices
and techniques which are commercially
available and appropriate for
application by the sources in the
category considering economic impacts
and the technical capabilities of the
firms to operate and maintain the
emissions control systems’’ (Senate
Report Number 101–228, December 20,
1989). Consistent with the legislative
history, in addition to considering
technical capabilities of the facilities
and the availability of control measures,
we may consider costs and economic
impacts in determining GACT, which is
particularly important when developing
regulations for source categories that
may have few establishments and many
small businesses, or when determining
whether additional control is necessary
for sources with emissions that are
already well controlled as a result of
other existing or applicable standards.
Determining what constitutes GACT
involves considering the control
technologies and management practices
that are generally available to the area
sources in the source category. We also
consider the standards applicable to
major sources in the same industrial
sector to determine if the control
technologies and management practices
are transferable and generally available
to area sources. In appropriate
circumstances, we may also consider
technologies and practices at area and
major sources in similar categories to
determine whether such technologies
and practices could be considered
generally available for the area source
category at issue. Finally, as noted
above, in determining GACT for a
particular area source category, we
consider the costs and economic
impacts of available control
technologies and management practices
on that category.
Existing facilities in the area source
categories at issue in this proposal are
currently well controlled as a result of
State and national standards and
permitting requirements for criteria
pollutants that obtain co-control of
HAP. There is only one area source
plant in the U.S. in the Acrylic and
Modacrylic Fibers Production area
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source category, and this plant is
currently subject to State permit
requirements. The two area source
plants that manufacture chromium
compounds and the one area source
plant in the Carbon Black Production
area source category are well controlled
as a result of title V permit requirements
for the control of criteria pollutants,
which provide co-control of urban HAP.
We believe that all of the 58 area source
plants in the Lead Acid Battery
Manufacturing area source category can
achieve the requirements of the new
source performance standard (NSPS) for
lead-acid battery manufacturing plants
at 40 CFR part 60, subpart KK. Facilities
constructed, reconstructed, or modified
after 1982 are already subject to the
NSPS.
There are hundreds of facilities in the
Flexible Polyurethane Foam Production
and Flexible Polyurethane Foam
Fabrication area source categories,
which were listed because of the use of
methylene chloride. The vast majority of
these facilities no longer use methylene
chloride in the processes for several
reasons, including State air emissions
standards and worker exposure limits
established by the Occupational Safety
and Health Administration (OSHA).
There are approximately 400 area
source facilities in the wood preserving
area source category. All of these
facilities are well controlled in terms of
metal HAP (i.e., chromium and arsenic)
emissions and dioxin emissions. These
facilities have also discontinued the use
of methylene chloride.
III. Proposed Area Source NESHAP for
Acrylic and Modacrylic Fibers
Production
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A. What area source category is affected
by the proposed NESHAP?
The Acrylic and Modacrylic Fibers
Production area source category consists
of facilities engaged in the manufacture
of synthetic fibers made from AN.
Acrylic fibers are synthetic fibers in
which the fiber-forming substance is
any long-chain synthetic polymer
composed of at least 85 percent by
weight of AN. Modacrylic fibers are
composed of 35 to 85 percent by weight
of AN.
There are currently four plants in the
U.S. that are known to produce acrylic
and modacrylic fibers. Three of these
plants are major sources. The fourth
plant is an area source and is located in
an urban area (Decatur, Alabama). The
area source plant produces
polyacrylonitrile that is primarily used
as a feed stock for the production of
carbon fibers.
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B. What are the production processes
and emissions points at facilities that
manufacture acrylic and modacrylic
fibers?
Acrylonitrile is the only urban HAP
that was reported to be released during
the production of acrylic and
modacrylic fibers at the one known
existing area source plant. The AN is fed
to a polymerization reactor where the
reaction (polymerization) takes place.
The area source plant uses a suspension
process in which insoluble beads of
polymer are formed in the reactor.
Residual unreacted AN is removed from
the polymer in a monomer recovery
column and is recycled to the process.
After removal of the residual AN, the
resulting polymer is spun into fibers.
Fibers are formed by forcing the viscous
polymer solution, referred to as ‘‘dope,’’
through the small orifices of a
spinnerette and immediately solidifying
or precipitating the resulting filaments.
At the area source plant, two 100,000
gallon storage tanks that receive the
purchased AN monomer are controlled
by internal floating roofs and are subject
to the NSPS for volatile organic liquids
(40 CFR part 60, subpart Kb). A packed
column scrubber controls emissions
from the polymerization process
equipment, including storage tanks,
recovered monomer tanks, monomer
measuring tanks, monomer preparation
tanks, monomer feed tanks, slurry
receiver tanks, polymerization reactors,
and drum filters. A second packed
column scrubber controls emissions
from the monomer recovery process,
including polymer holding tanks,
polymer buffer tanks, the monomer
vacuum pump flush drum, and the
drum filter vacuum pump flush drum.
Many of the pumps which move AN
at this facility are canned motor pumps,
which have no shaft protrusion to seal.
The common leak point on other types
of pumps is the seal for the shaft
protrusion; consequently, canned motor
pumps by design reduce leakage. Most
of the piping is connected by welding
rather than flanges, which reduces
emissions from pipe connectors.
C. What are the proposed requirements
for area sources?
1. Applicability and Compliance Dates
These proposed NESHAP apply to
any existing or new acrylic or
modacrylic fibers production plant that
is an area source. We are proposing that
owners or operators of existing sources
comply with all the requirements of the
area source NESHAP by 6 months after
the date of publication of the final rule
in the Federal Register. A new affected
source would be required to comply by
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the date of publication of the final rule
in the Federal Register or upon initial
startup, whichever is later.
2. Proposed Emissions Standards
Existing sources. The proposed
standards for existing area sources apply
to process vents from the
polymerization process, process vents
from monomer recovery, spinning lines
at plants that do not have a monomer
recovery process, and AN storage tanks.
We are proposing to adopt the State
permit requirements applicable to the
one existing area source as the NESHAP
for existing acrylic and modacrylic fiber
production area sources. The State
operating permit for the existing area
source establishes numerical limits for
AN emissions from the control devices
for polymerization process equipment
and monomer recovery process
equipment. The permit also establishes
operating limits for the scrubbers.
The control device for polymerization
process equipment would be subject to
an AN emissions limit of 0.2 pound per
hour (lb/hr). A control device operating
limit would require a minimum daily
average water flow rate to the scrubber
of 50 liters per minute (l/min). The
control device for emissions from the
monomer recovery process equipment
would be subject to an AN emissions
limit of 0.05 lb/hr, and the daily average
water flow rate must not drop below 30
l/min.
This proposed rule does not include
requirements for spinning lines for
existing sources that remove residual
AN using a monomer recovery process
prior to spinning. (See section D.1 of
this preamble.) However, existing
sources that do not have a monomer
recovery process prior to spinning must
meet the requirements for spinning lines
in 40 CFR part 63, subpart YY.
This proposed NESHAP for existing
sources would require that AN storage
tanks meeting certain capacity/vapor
pressure conditions comply with one of
three control options: (1) A fixed roof in
combination with an internal floating
roof, (2) an external floating roof, or (3)
a closed vent system and control device.
New sources. The proposed standards
for new area sources apply to process
vents, fiber spinning lines, AN storage
tanks, process wastewater, maintenance
wastewater, and equipment leaks. The
proposed process vent requirements
apply to each vent stream with an AN
concentration of 50 parts per million by
volume (ppmv) or greater and a flow
rate of 0.005 cubic meters per minute or
greater. The owner or operator would be
required to control AN emissions from
process vents meeting this applicability
criteria by reducing uncontrolled
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emissions by 98 weight percent or
meeting an emissions limit (20 ppmv)
by venting vapors through a closed vent
system to a recovery device, control
device, or flare. The owner or operator
would be required to determine which
process vents meet the applicability
criteria by using the procedures and
methods in § 63.1104 of subpart YY.
The closed vent system, recovery or
control device, and flare would be
subject to the applicable testing,
monitoring, recordkeeping, and
reporting requirements in 40 CFR part
63, subpart SS. The owner or operator
would be required to submit a
monitoring plan if another type of
control device is used.
The proposed emissions limits for
fiber spinning lines at new sources
require the owner or operator to: (1)
Reduce AN emissions by 85 weightpercent (e.g., by venting emissions from
a total enclosure through a closed vent
system to a control device that meets the
requirements in 40 CFR part 63, subpart
SS), (2) reduce AN emissions from the
spinning line to 0.5 pounds of AN per
ton (lb/ton) of acrylic and modacrylic
fiber produced, or (3) reduce the AN
concentration of the spin dope to less
than 100 parts per million by weight
(ppmw). The requirements in
63.1103(b)(4) of subpart YY would
apply to an enclosure for a fiber
spinning line.
For all AN storage vessels at a new
area source, the owner or operator
would be required to: (1) Reduce AN
emissions by 98 weight-percent by
venting emissions through a closed vent
system to any combination of control
devices as specified in § 63.982(a)(1) of
subpart SS or reduce AN emissions by
95 weight-percent or greater by venting
emissions through a closed system to a
recovery device as specified in § 63.993
of subpart SS; or (2) comply with the
equipment standards for internal or
external floating roofs in 40 CFR part 63,
subpart WW.
Process wastewater and maintenance
wastewater at new sources would be
subject to the requirements in
§ 63.1106(a) and (b) of subpart YY. The
owner or operator would also be
required to comply with the equipment
leak requirements in subpart YY.
Subpart YY applies the requirements in
either subpart TT or UU to equipment
that contains or contacts 10 percent by
weight or greater of AN and that
operates at least 300 hours per year.
3. Compliance Requirements
We are proposing to include in this
proposed NESHAP the monitoring,
testing, recordkeeping, and reporting
requirements in the State operating
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permit for the existing area source.
Continuous parameter monitoring
systems (CPMS) would be required to
measure and record the scrubber water
flow rates at least every 15 minutes. The
owner or operator would determine
compliance with the daily average
operating limits for the scrubber water
flow rates on a monthly basis and
submit quarterly compliance reports to
EPA or the delegated authority.
Compliance with the operating limits
would be determined on a monthly
basis; quarterly compliance reports also
would be required. The owner or
operator would be required to keep
records of each monthly compliance
determination and retain the records for
at least 2 years following the date of
each compliance determination. If the
daily average water flow rate falls below
the operating limit, the owner or
operator must notify EPA or the
delegated authority within 10 days of
the identification of the exceedance.
The owner or operator of an existing
source would be required to conduct a
performance test for each control device
for polymerization process equipment
and monomer recovery process
equipment. A performance test would
not be required for an existing source if
a prior performance test has been
conducted using the methods required
by this rule, which are the requirements
contained in § 63.1104 of subpart YY,
and either no process changes have been
made since the test, or the owner or
operator can demonstrate that the
results of the performance test, with or
without adjustments, reliably
demonstrate compliance despite process
changes.
For AN storage tanks at existing
sources, the owner or operator would be
required to comply with the applicable
testing, inspection, and notification
procedures in 40 CFR 60.113b(a) and
the recordkeeping and reporting
requirements in 40 CFR 60.115b and
60.116b of subpart Kb. The testing,
monitoring, recordkeeping, and
reporting requirements in 40 CFR part
65, subpart C would apply if the owner
or operator selected to comply with the
part 65 control option for AN storage
tanks. See 40 CFR 60.110b(e).
The owner or operator of an existing
area source would be required to
comply with certain notification
requirements in 40 CFR 63.9 of the
General Provisions (40 CFR part 63,
subpart A). These requirements would
include a notification of applicability
and a notification of compliance status.
We are also proposing that the owner or
operator comply with the requirements
for startup, shutdown, and malfunction
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(SSM) plans, reports, and records in 40
CFR 63.6(e)(3).
In the notification of compliance
status required in 40 CFR 63.9(h), the
owner or operator of an existing source
may certify initial compliance with the
emissions limits based on a previous
performance test if applicable. The
owner or operator must also certify
initial compliance with the NSPS
requirements in 40 CFR part 60, subpart
Kb.
The owner or operator of a new area
source would be required to perform
assessments 3 to identify affected
process vents, equipment, and
wastewater streams; conduct initial
performance tests and/or compliance
demonstrations; and comply with the
monitoring, inspection, recordkeeping,
and reporting requirements in each
applicable subpart. The testing,
monitoring, recordkeeping, and
reporting requirements in the subparts
described above, which we are adopting
in this proposed rule, vary according to
the emissions point and control option
(e.g., subpart SS for process vents). The
owner or operator of a new area source
would also be required to comply with
all of the NESHAP General Provisions
(40 CFR part 63, subpart A), including
requirements for notifications;
performance tests and reports; SSM
plans and reports; recordkeeping, and
reporting. We have identified in the
proposed NESHAP the General
Provisions of 40 CFR part 63 applicable
to existing and new sources.
D. What is our rationale for selecting the
proposed standards for area sources?
1. Selection of Proposed Standards
Existing sources. The process vents at
the existing area source plant are
controlled by packed bed scrubbers and
are subject to emissions limits
established in the State operating
permit. Emissions from the
polymerization process equipment are
limited to 0.2 lb/hr. This process
equipment includes process storage
tanks, recovered monomer tanks,
monomer measuring tanks, monomer
preparation tanks, monomer feed tanks,
the polymerization reactors, and drum
filter. Emissions from the monomer
recovery process equipment are limited
to 0.05 lb/hr. These process units
include the polymer holding tank,
polymer buffer tank, monomer vacuum
pump flush drum, and the drum filter
vacuum pump flush drum. Test data for
these two process vents show that the
vents are well controlled because the
3 These assessments are used to determine which
process vents and wastewater streams must be
controlled.
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facility achieves the level of control
required for major sources subject to 40
CFR part 63, subpart YY. We have
determined that the State operating
permit limits are GACT for process
vents at existing area sources.
The fiber spinning line at the existing
area source plant is not a source of AN
emissions because the residual
monomer is stripped from the polymer
in a monomer recovery column prior to
spinning. However, other existing
facilities might become area sources in
the future, and they might not have a
monomer recovery process.
Consequently, we are proposing that
any existing source without a monomer
recovery process must reduce the
residual AN concentration in the
polymer by removing residual monomer
prior to spinning or install an enclosure
for the spinning line and vent the
emissions to a control device. Existing
area sources without a monomer
recovery process must meet
requirements for fiber spinning lines in
40 CFR part 63, subpart YY. We have
determined that the requirements in 40
CFR part 63, subpart YY are GACT for
existing area sources without a
monomer recovery process.
The AN storage tanks at the existing
area source plant are subject to the
NSPS for volatile organic liquids (40
CFR part 60, subpart Kb). The NSPS
requires that a storage tank meeting
certain capacity/vapor pressure
conditions comply with either the
requirements for storage vessels in
subpart C of 40 CFR part 65
(Consolidated Federal Air Rules) or the
NSPS requirements for a fixed roof in
combination with an internal floating
roof, an external floating roof, or a
closed vent system and control device.
The AN storage tanks at the existing
area source are equipped with internal
floating roofs to comply with the NSPS
requirements. The controls in the NSPS
are currently being applied to AN
storage tanks and are the types of
controls generally applied to tanks
storing volatile organic liquids.
Consequently, we determined that the
controls required by the NSPS are GACT
for storage tanks at existing sources.
The potential for emissions from
equipment leaks is low at the existing
area source plant because of the use of
canned motor pumps and pipes
connected in large part by welding
rather than flanges. A fugitive emissions
survey using EPA’s protocol for
estimating emissions from equipment
leaks coupled with capture and
measurement of leaks resulted in
estimated emissions of only 0.5 tpy of
AN (assuming any leak that was
detected emitted for the full year). A
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leak detection and repair program for
this plant would cost several thousand
dollars in labor and in capital for the
monitoring equipment. After
considering the low level of current
emissions, the additional costs, and the
small emissions reduction that would be
achieved by a leak detection and repair
program, we propose that GACT for
existing area sources is no additional
control for equipment leaks.
Wastewater at the existing plant is
sent to a biological treatment unit to
degrade AN. Emissions of organic
compounds from wastewater can be
reduced by steam stripping the
wastewater to remove and recover the
organics. We estimate that the capital
cost of steam stripping to remove AN
from the wastewater at the existing area
source plant is $700,000 with a total
annualized cost of $630,000 per year.
Even assuming 90 percent removal by
the steam stripper, the emissions
reduction would be 7 tons per year. We
propose to conclude that pretreatment
using steam stripping is not GACT
because of the high cost effectiveness of
processing a low concentration stream
with a high volumetric flow rate. This
conclusion is consistent with previous
cost effectiveness analyses such as those
performed for major sources where EPA
determined that it is not cost effective
to apply controls to wastewater below
certain cutoffs (e.g., a concentration less
than 1,000 ppmw and a flow rate less
than 10 liters per minute (57 FR 62608,
December 31, 1992). The process
wastewater at the existing area source is
below these cutoffs. Consequently, we
are not proposing additional controls for
wastewater at the existing area source
plant and conclude that GACT is the
current level of control.
We are alternatively proposing that
GACT for this existing area source is no
further emission reduction. We request
comment on the basis, consistent with
section 112(d)(5), for asserting that
GACT is no further control for the
existing source. We request comment on
this issue because the standard
proposed above will not result in any
emission reductions beyond what is
already required by the State permit to
which the existing facility is already
subject.
New Sources. Test results for the
control devices applied to process vents
at the existing area source show that a
standard of 98 weight-percent reduction
or an outlet concentration of 20 ppmv
or less has been achieved by the
controls we propose as GACT at the
existing source.4 Consequently, we are
4 This is also the level of control that major
sources must meet for process vents.
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16641
proposing that GACT for process vents
at a new area source is a 98 weightpercent reduction of AN emissions, an
outlet concentration of 20 ppmv or less,
or venting emissions to a flare. This
format of the proposed standard is more
appropriate for new sources than a
process vent limit expressed in lb/hr (as
applied to the existing area source)
because we do not know what the size,
configuration, or emissions potential of
a new source might be.
As discussed earlier, the fiber
spinning line at the existing area source
plant is not a source of AN emissions
because the residual monomer is
stripped from the polymer in a
monomer recovery column prior to
spinning. However, we cannot be
certain what process configuration a
new source might use or that it would
have a monomer recovery system.
Consequently, we are proposing that a
new source must reduce the residual
AN concentration in the polymer by
removing residual monomer prior to
spinning or install an enclosure for the
spinning line and vent the emissions to
a control device. Data from acrylic and
modacrylic fiber production indicates
that a monomer recovery system can
reduce the AN concentration in the spin
dope to less than 100 ppmw, which we
are proposing as GACT for new area
sources. We are proposing alternatives
to the AN residual concentration limit
for new sources that are the same as the
alternatives that are available for major
sources in 40 CFR part 63, subpart YY.
One alternative is to reduce AN
emissions from the spinning line by 85
weight-percent or more. The second
alternative is to reduce AN emissions
from the spinning line to less than or
equal to 0.5 lb/ton of acrylic and
modacrylic fiber produced.
For storage tanks at new area sources,
we are proposing to adopt the
requirements in 40 CFR part 63, subpart
YY. These requirements have been
applied to AN storage tanks at other
acrylic and modacrylic fiber plants and
represent GACT for new sources
because they are cost effective and can
be easily included in the design and
construction of a new source.
We also evaluated emissions controls
and management practices for
equipment leaks at new sources. We
know that equipment leaks are well
controlled at the existing area source
facility; however, we do not know with
assurance that a new source will have
primarily leakless equipment. In
addition, our studies of synthetic
organic chemical plants indicate that
leak inspection and repair requirements
are cost effective and not overly
burdensome. Consequently, we are
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proposing that new area sources be
subject to the same equipment leak
provisions as those applied to major
sources in 40 CFR part 63, subpart YY.
For wastewater streams at new area
sources, we do not know what flow
rates, concentrations and emissions
potential might occur, but our studies of
wastewater treatment controls indicate
that it is cost effective to control these
emissions when the concentration of
AN is high. For example, at most acrylic
and modacrylic fiber plants, all
wastewater streams with a
concentration of 10,000 parts per
million by weight (ppmw) or more must
be controlled, as well as streams with
both a concentration of 1,000 ppmw or
more and a flow rate of 10 l/min or
more. Controls are not required for
wastewater streams below these cutoffs
because they are not cost effective. Thus
we are proposing that GACT for new
sources is the control of wastewater
streams that exceed the cutoffs of
concentration and/or flow rate as
specified in subpart YY.
2. Selection of Proposed Compliance
Requirements
We have reviewed the compliance
requirements in the State operating
permit, the NSPS for volatile organic
liquid storage tanks, and other
requirements that apply to the existing
area source plant, and we propose that
these requirements are sufficient to
ensure compliance with the proposed
emissions standards. Therefore, we are
proposing to include the inspection,
monitoring, recordkeeping, and
reporting requirements that apply to the
existing area source plant in this
proposed rule for existing sources.
We are proposing to require that an
existing area source be subject to certain
notification requirements in the
NESHAP General Provisions (40 CFR
part 63, subpart A). Because permit
information for the existing facility does
not identify requirements for an SSM
plan, we are also proposing to require
the owner or operator of an existing area
source to comply with the SSM
requirements in 40 CFR 63.6(e)(3). We
are proposing to allow additional time
(6 months after promulgation) to allow
for preparation of the plan.
We have also reviewed the
compliance requirements in the
subparts of part 63 that would apply to
process vents, storage tanks, equipment
leaks, and wastewater at new area
sources as a result of this proposed rule.
These requirements are sufficient to
ensure compliance with the proposed
emissions limits and management
practices. Therefore, we are proposing
to include the testing, monitoring,
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recordkeeping, and reporting
requirements in each applicable subpart
in this proposed rule for new sources.
We are also proposing to apply to new
sources the notification, testing,
monitoring, operation and maintenance,
recordkeeping, and reporting
requirements in the part 63 General
Provisions (40 CFR part 63, subpart A).
The General Provisions are necessary for
effective application of the standard for
new area sources and are, therefore,
incorporated into the proposed rule. We
propose that these requirements are
sufficient to ensure compliance with the
proposed emissions limits and
management practices for new sources.
IV. Proposed Area Source NESHAP for
Carbon Black Production
A. What area source category is affected
by the proposed NESHAP?
The Carbon Black Production area
source category includes any facility
that produces carbon black by the
furnace black process, thermal black
process, or the acetylene decomposition
process. Carbon black is used primarily
as a reinforcing agent for rubber and is
used largely in the manufacturing of
automotive tires. It is also used as a
colorant in inks, paints, plastics, and
paper.
Currently, there are 20 carbon black
production facilities operating in the
U.S. Nineteen of these facilities are
major sources of HAP emissions and are
subject to NESHAP requirements for
carbon black production in 40 CFR part
63, subpart YY. According to the
National Emissions Inventory (NEI) and
the Toxics Release Inventory (TRI), one
carbon black production facility is an
area source of HAP emissions. We are
requesting comments on whether there
are any other area sources in this source
category.
B. What are the production processes
and emissions points at facilities that
manufacture carbon black?
A carbon black unit (CBU) consists of
the equipment used to produce carbon
black by either the furnace, thermal or
acetylene decomposition processes. The
major components of the CBU include:
(1) Feedstock and raw material storage
tanks; (2) production unit reactors; (3)
separation filters; (4) wet or dry
pelletization equipment and
densification equipment; (5) final
product silos and packaging for pellets
and powders; and (6) shipping storage
areas.
Carbon black is produced by the
furnace black process via thermaloxidative decomposition in a closed
system. The feedstock is primarily
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aromatic oils based on crude oil.
Feedstock is injected into the reactor
and is converted to carbon black. The
reactor is heated by a fuel, usually
natural gas.
The thermal black process produces
carbon black via thermal decomposition
in a cyclic process. The primary
feedstock is natural gas. The process
generally includes two vertical reactors
in parallel. While one reactor is heating,
the other reactor is in the decomposition
cycle.
The acetylene black process uses an
acetylene feedstock to produce carbon
black via thermal decomposition in a
continuous process. The acetylene black
reactor is similar to the reactor for the
thermal black process; however, since it
is a continuous process, usually only
one reactor is used.
The remaining processes for the
furnace black, thermal black and
acetylene black production processes
are similar. The carbon black and tailgas
stream from the reactor is cooled in a
heat exchanger. Energy from the carbon
black and tailgas stream is used to
preheat combustion air for the reactor.
Following the heat exchanger, a
secondary quench chamber is used to
further cool the carbon black and tailgas
stream.
Carbon black is separated from the
tailgas in the main separation filter.
Tailgas may be collected and used as
fuel in the dryer (if present), burned to
preheat the feedstock (if a preheater is
present), vented to the atmosphere, or
vented to a combustion device for
destruction.
Carbon black is separated from the
conveying air in the process filter. Solid
contaminants (e.g., coke particles,
abraded particles from the refractory
lining of the furnace, or rust particles)
are removed from the carbon black in
the grit separator.
Initial densification of the carbon
black takes place in the surge tank,
which also acts as a buffer to maintain
constant production levels. Carbon
black is processed into pellets in either
a wet pelletizer or a dry pelletizer. In
the wet pelletization process, water, and
sometimes additives, is injected into the
pelletizer and the carbon black leaves as
wet pellets and are dried in the dryer.
Tailgas may be used as fuel in the dryer
for external heating. Carbon black and
steam from the dryer exhaust are
separated in the purge filter and the
carbon black is recycled to the process
filter.
In the dry pelletization process, the
pelletizer is a rotating drum. A portion
of the pelletized carbon black is
recycled to the inlet of the drum to act
as seeds for the new pellets. Pelletized
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carbon black is housed in the storage
silo until it is discharged to trucks or
rail cars, intermediate bulk storage, or
packaging.
The Carbon Black Production area
source category was listed for regulation
due to emissions of the urban HAP
POM. Benzene is another urban HAP
emitted from the CBU. The HAP are
released into the atmosphere from the
tailgases from the reactors. The carbon
black and tailgas stream is sent to a
baghouse where the carbon black is
separated from the tailgas. After
separation of the carbon black product,
the tailgas is either emitted to the
atmosphere or sent to a combustion
control device.
C. What are the proposed requirements
for area sources?
1. Applicability and Compliance Dates
The proposed NESHAP applies to
each new or existing carbon black
production facility that is an area source
of HAP. Because the one existing area
source is already meeting requirements
that are the same as those in this
proposed NESHAP, we are proposing
that an existing affected source comply
by the date of publication of the final
rule in the Federal Register. A new
affected source would be required to
comply by the date of publication of the
final rule in the Federal Register or
upon initial startup, whichever is later.
2. Proposed Emissions Standards
We are proposing that the owner or
operator of an existing or new source be
required to control HAP emissions from
each carbon black production main unit
filter process vent that has a HAP
concentration equal to or greater than
260 ppmv. The specific control
requirements are: (1) Reduce emissions
of HAP by using a flare meeting all the
requirements of 40 CFR part 63, subpart
SS; or (2) reduce total HAP emissions by
98 weight-percent or to a concentration
of 20 ppmv, whichever is less, by
venting emissions through a closed vent
system to any combination of control
devices meeting the requirements 40
CFR 63.982(a)(2).
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3. Compliance Requirements
For existing and new area sources, we
are proposing to adopt the testing,
monitoring, recordkeeping, and
reporting requirements in subpart YY.
Compliance with the proposed
emissions limit for existing and new
area sources would be demonstrated by
monitoring the operating parameters of
the control device or devices selected to
comply with the requirements of the
NESHAP. The proposed NESHAP
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specifies requirements for the initial
notification, the notification of
compliance status, periodic reporting,
and SSM requirements.
The owner or operator of an existing
or new area source would be required to
comply with the subpart YY notification
requirements in 40 CFR 63.1110. In the
notification of compliance status
required in 40 CFR 63.1110(d), the
owner or operator of an existing source
may demonstrate initial compliance
with the proposed HAP emissions
standards based on the results of a
performance test that has been
previously conducted provided certain
conditions are met (e.g., using the same
methods as the test methods in the
proposed rule).
D. What is our rationale for selecting the
proposed standards for area sources?
1. Selection of Proposed Standards
Based on information in the NEI and
TRI, we identified only one existing
carbon black production facility that is
an area source. We are requesting
comments on whether there are any
other area sources in this source
category. This carbon black production
facility operates emissions control
systems that capture and control
tailgases from their four CBUs. The
tailgases from each CBU are routed to
control devices (two are routed to a flare
and two are routed to a thermal
incinerator) that achieve high-efficiency
removal of volatile organic compounds
(VOC), including polycyclic organic
matter (POM) and benzene.
The existing area source is currently
operating under a title V permit, which
requires a 98 weight-percent VOC
emissions reduction. The facility’s
ability to demonstrate compliance with
their title V permit emissions limits on
a long-term basis indicates that the
facility owner has the technical and
economic capabilities to continue to
reduce VOC emissions (including POM
and benzene) sufficiently to achieve
these limits. Further, although the
existing area source facility utilizes the
furnace black production process, a 98
weight-percent emissions reduction
would apply equally to all types of
production processes. Consequently, we
do not distinguish between the different
carbon black production processes.
After reviewing the existing facility’s
title V permit requirements, we
concluded that the permit requirements
are equivalent to the provisions of 40
CFR 63, subpart YY, which is the rule
to which major source carbon black
facilities are subject. Further, the facility
has applied for renewal of their title V
permit to specifically include the
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16643
requirements of subpart YY for their
CBU. Because control technologies to
reduce VOC emissions also reduce POM
and benzene emissions, the 98 weightpercent VOC emission reduction in their
title V permit is equivalent to the 98
weight-percent HAP level of control
specified in subpart YY. We have no
reason to believe that this emissions
reduction is infeasible or inappropriate
for all area sources in this category.
Therefore, we have determined that a 98
weight-percent HAP emissions
reduction is GACT for existing and new
carbon black production area source
facilities, which may be achieved using
one or more control devices or a flare
subject to § 63.11 of the NESHAP
General Provisions (40 CFR part 63,
subpart A).
In addition to the 98 weight-percent
level of control, we have established
that for low concentration streams (e.g.,
streams with concentrations less than
about 1,000 ppmv), a 98 weight-percent
reduction may not be achievable for all
process vents from the main unit filter
(65 FR 76423). Therefore, we have
determined that a HAP concentration
limit of 20 ppmv (corrected to 3 percent
oxygen if a combustion device is the
control device and supplemental
combustion air is used to combust the
emissions) is appropriate as GACT for
low-concentration streams.
The subpart YY NESHAP also include
a 260-ppmv control applicability cutoff.
This cutoff represents the lowest control
device inlet concentration reported at
one of the best-controlled facilities. We
do not have available information to
indicate that the single existing area
source controls process vent emissions
streams with concentrations below this
level. Therefore, we have included the
260-ppmv control applicability cutoff in
this proposed area source NESHAP.
We are alternatively proposing that
GACT for this existing area source is no
further emission reduction. We request
comment on the basis, consistent with
section 112(d)(5), for asserting that
GACT is no further control for the
existing source. We request comment on
this issue because the standard
proposed above will not result in any
emission reductions beyond what is
already required by the Federal permit
to which the existing facility is already
subject.
2. Selection of Proposed Compliance
Requirements
The existing carbon black area source
facility’s title V permit requires
operating parameter monitoring,
recordkeeping, and periodic reporting.
We reviewed these compliance
requirements and concluded that they
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are sufficient to ensure compliance with
the proposed emissions standards for
existing and new sources. Because these
requirements are equivalent to those in
40 CFR part 63, subpart YY, we have
adopted the subpart YY compliance
requirements in this proposed rule.
These requirements include operating
parameter monitoring, initial
performance testing, notifications, and
periodic reports.
Because permit information for the
existing facility does not identify
requirements for an SSM plan, we are
proposing that the owner or operator of
an existing area source comply with the
SSM requirements in 40 CFR 63.1111.
Section 63.1111(a)(1) of subpart YY
requires that the title V permit for a
source include provisions for an SSM
plan.
V. Proposed Area Source NESHAP for
Chemical Manufacturing: Chromium
Compounds
A. What area source category is affected
by the proposed NESHAP?
The area source category, ‘‘Chemical
Manufacturing: Chromium
Compounds,’’ includes facilities that
use chromite ore as the basic feedstock
to manufacture chromium compounds,
primarily sodium dichromate, chromic
acid, and chromic oxide. There are only
two plants in this area source category,
and both are located in urban areas. One
plant is located in Castle Hayne, North
Carolina (near Wilmington) and the
other is in Corpus Christi, Texas.
Most of the sodium dichromate
produced by the two plants is used to
make chromic acid. Sodium dichromate
is also used in leather tanning, chromic
oxide production, pigments
manufacture, textile dyeing, and in the
manufacture of numerous other
products. Chromic acid is used in the
metal finishing industry to produce
resistant coatings for a variety of base
metals. Other uses include decorative
plating, conversion coatings, and metal
coloring compounds. The two main uses
of chromic oxide are in pigments and
refractories.
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B. What are the production processes
and emissions points at facilities that
manufacture chromium compounds?
Although the basic processes at the
two plants are similar, there are some
subtle differences in the processing
steps, and the two plants have
somewhat different emissions points
and control configurations.
Consequently, separate profiles of the
processes and emissions controls are
provided in sections V.B.1 through
V.B.4 of this preamble.
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1. Sodium Chromate Production
The main feedstock for the
manufacturing process is chromite ore
imported from South Africa and
Finland, typically containing about 45
percent or more chromium oxide. At the
Texas plant, the chromite ore is dried
and ground in a ball mill. The ground
ore is mixed with alkaline material
(soda ash, sodium bicarbonate, and
sodium hydroxide) and fed to a rotary
kiln where it is heated to about 2,000
degrees Fahrenheit (°F). This process
(known as ‘‘roasting’’) oxidizes the
chromite ore, converting the majority of
the chromium in the ore from trivalent
to hexavalent chromium. Baghouses on
the ore drying and grinding unit control
emissions. Baghouses also control
emissions from the rotary kiln during
roasting. After roasting, the material
typically contains 20 to 40 percent
hexavalent chromium as sodium
chromate and 10 to 20 percent trivalent
chromium. The material exiting the
rotary kiln is quenched with water in
quench tanks. The quenching process is
controlled by a wet scrubber and wet
electrostatic precipitator.
The resulting ore slurry goes through
a belt filter to filter and purify the
sodium chromate. The filters remove
solid aluminum, vanadium, and
calcium residues. Sodium dichromate is
added to the ore slurry to aid in the
removal of aluminum. Calcium
hydroxide (lime) is added to remove
vanadium. Soda ash solution is added to
remove calcium. A baghouse on the
impurity treatment and filtration units
controls emissions.
Some of the impurities from the
impurity treatment and filtration unit
are placed in a secondary roasting kiln
with sodium hydroxide and additional
chromite ore for another round of
chromium recovery. Roasted and
quenched material from the secondary
kiln travels to impurity treatment and
filtration units for the same purification
process described above for materials
from the primary roasting unit. A
baghouse on the secondary kiln and wet
scrubber on the quench system control
emissions.
At the North Carolina plant, the
chromite ore is dried in rotary dryers
and then pulverized in ball mills. The
pulverized ore is prepared for roasting
by mixing the ore with lime, soda ash,
and recycled residue from the roasting
kilns. Emissions from the ore drying and
grinding units are controlled by
cyclones and dry electrostatic
precipitators. The kiln feed is fed to one
of three rotary kilns in which the
chromite ore is roasted. The hot gases
generated in the kilns are sent to waste
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heat boilers for energy recovery.
Emissions from the waste heat boilers
travel to dry electrostatic precipitators
and are vented through the main stack.
The dry electrostatic precipitators
process several gas streams, including
emissions from the ore drying and
grinding units, the roasting kiln waste
heat boilers, the ore mixing unit and
roasting kiln, and the post-leach ore
residue drying unit.
After exiting the kiln, the hot kiln
roast is quenched and leached with hot
water in tanks to dissolve the watersoluble sodium chromate and form a
sodium chromate slurry. The sodium
chromate slurry is sent to a recycle unit
where hydroclones separate
unconverted ore residue from the
sodium chromate solution. The ore
residue is washed and filtered on a filter
belt, dried, and recycled to the kiln. A
system of cyclonic scrubbers and wet
electrostatic precipitators on the quench
tanks and filter unit are used to control
emissions. Emissions from the ore
residue dryer are controlled by a
cyclone and the dry electrostatic
precipitators described earlier.
2. Sodium Dichromate Production
At the Texas plant, the purified
sodium chromate solution travels from
the impurity treatment and filtration
system to the electrolytic cell system for
electrolytic acidification. Water is added
to the electrolytic cells as well. This
process converts the sodium chromate
solution to sodium dichromate solution.
Fiber bed filters on the electrolytic cell
system control emissions. The sodium
dichromate can be sold or used on-site
in the production of chromic oxide or
chromic acid.
Some sodium chromate solution is
sent to a sodium chromate
crystallization, evaporation, and drying
unit to produce sodium chromate
crystals. These crystals are then
packaged for sale. Some sodium
dichromate solution is also sent to a
sodium dichromate crystallization,
evaporation, and drying unit for
production of sodium dichromate
crystals. The crystals are sent to a
packaging unit for packaging before sale.
The emissions from the crystallization,
evaporation, and drying units for the
sodium chromate and sodium
dichromate solutions are controlled by
an entrainment separator and wet
scrubber.
At the North Carolina plant, the
sodium chromate product stream
proceeds through a series of pH
adjustment and filtration steps using
sodium carbonate and sulfuric acid to
remove impurities such as iron,
aluminum, and other oxides from the
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sodium chromate solution. The sodium
chromate solution is neutralized to a pH
of 8.5 to precipitate and allow filtration
of the remaining ore residues. The
sodium chromate liquor is mixed with
a soda ash solution in the calcium
precipitator unit to precipitate the
calcium as calcium carbonate. The
sodium chromate liquor is then filtered
to remove the calcium carbonate. In the
acidification unit, the filtered raw
sodium chromate liquor is acidified to
a pH of 4.0 with sulfuric acid to produce
sodium dichromate. This solution is
partially evaporated to 85 percent
concentration and then centrifuged to
separate sodium sulfate (salt cake) from
the sodium dichromate solution. After
separation from the salt cake, the
sodium dichromate product solution is
either stored in tanks from which, after
dilution to the appropriate
concentration, it is either sold as
sodium dichromate product liquor or
used as feedstock in the chromic acid
plant. Some of the sodium dichromate
solution is crystallized, centrifuged, and
dried to form sodium dichromate
crystalline product. Emissions from the
crystallization area are controlled by an
impingement plate scrubber and
demister.
3. Chromic Acid Production
At the Texas plant, the production of
chromic acid is performed by
electrolytic reaction of sodium
dichromate solution through a series of
cells. Sodium dichromate solution is
introduced into the anode side of an
electrolytic cell, and water is introduced
to the cathode side. Direct current
causes a reaction on the anode side of
the cell, producing chromic acid,
sodium ions, and oxygen gas. Sodium
ions migrate to the cathode side (water)
of the cell through a membrane, which
produces sodium hydroxide and
hydrogen gas. The sodium dichromate/
chromic acid solution (anode side) is
withdrawn to be used as influent for the
next cell line. The effluent from the
anode side of the last stage is
crystallized, centrifuged, dried, and
packaged.
Three scrubbers are used to control
emissions from chromic acid
production. Emissions from the
electrolytic cells are controlled by two
scrubbers; one scrubber controls oxygen
gas and hexavalent chromium emitted
from the anode side of the cells and one
controls hydrogen gas and hexavalent
chromium from the cathode side of the
cell. Drying, storage, and packaging
operations are vented to the same wet
scrubber.
At the North Carolina plant, the
sodium dichromate liquor is further
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acidified with sulfuric acid to produce
chromic acid crystals. The acidified
slurry is filtered to recover the chromic
acid and the filtrate is recycled to the
sodium dichromate process. The
chromic acid crystals are fed to a reactor
where they are melted. The melted
chromic acid produced in the reactor is
cooled and then sent to a flaking process
to produce the chromic acid flakes
which are packaged and sold as final
products. Emissions from the chromic
acid area are controlled by a packed bed
scrubber and demister.
4. Chromic Oxide and Chromium
Hydrate Production
The Texas plant is the only facility
producing chromic oxide and chromium
hydrate. In the production of chromic
oxide, ammonium sulfate and sodium
dichromate solution that has been
concentrated by evaporation are mixed
and fed to a rotary roasting kiln to
produce chromic oxide, sodium sulfate
and nitrogen gas. The roast is quenched
with water in which the chromic oxide
is insoluble and the sodium sulfate is
soluble. The mixture is washed in
countercurrent thickeners, filtered,
dried, milled, and packaged. To produce
metallurgic grade chromic oxide and
certain other grades, the chromic oxide
is re-roasted in a secondary rotary kiln,
quenched, filtered, dried, milled, and
packaged.
The chromic oxide plant uses
baghouses and scrubbers for emissions
control; this production area has 10 bag
houses and 11 scrubbers. Four
baghouses control emissions from the
ammonium sulfate storage and grinding
area. Emissions from mixing of the
sodium dichromate and ammonium
sulfate are vented to a wet cyclone. Wet
scrubbers control emissions from the
quench tanks of both the primary and
secondary roasting kilns. A baghouse,
wet scrubber, and a mist eliminator
control emissions from the primary
roasting kiln. A wet scrubber controls
emissions from the secondary roasting
kiln. Filtration steps after both primary
and secondary roasting are each vented
to separate wet scrubbers. The dryer
vents to a bag filter. Chromic oxide
storage, grinding, and packaging steps
are vented to six baghouses.
In the production of chromium
hydrate, boric acid and concentrated
sodium dichromate are mixed and fed to
a furnace to produce a chromium
hydrate ‘‘clinker’’ and sodium borate.
The clinker is quenched with water. The
mixture is then leached in tanks and
filter presses to form chromium hydrate,
then filtered, dried, milled, and
packaged. Emissions controls include
baghouses for boric acid grinding,
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chromium hydrate roasting, and
chromium hydrate grinding and
packaging.
C. What are the proposed requirements
for area sources?
1. Applicability and Compliance Dates
The proposed NESHAP apply to the
owner or operator of a new or existing
area source that manufactures
chromium compounds. We are
proposing that owners or operators of
existing sources comply with all the
requirements of the area source
NESHAP by 6 months after the date of
publication of the final rule in the
Federal Register. A new affected source
would be required to comply by the date
of publication of the final rule in the
Federal Register or upon initial startup,
whichever is later.
2. Proposed Emissions Standards
The proposed NESHAP requires new
and existing facilities to operate a
capture system that collects gases and
fumes from each emissions source and
conveys the gases to a PM control
device. Emissions limits for PM, in lb/
hr format, would be established based
on the process rate of the emissions
unit. These PM emissions limits would
apply to more than 20 emissions units
in the production of chromium
compounds, including sodium
chromate, sodium dichromate, chromic
acid, chromic oxide, and chromium
dehydrate at new and existing sources.
3. Compliance Requirements for
Existing Area Sources
The control devices used at these
facilities include baghouses, dry
electrostatic precipitators, wet
electrostatic precipitators, and wet
scrubbers. The proposed monitoring
requirements for existing area sources
consist of inspection and maintenance
requirements specific to the type of
control device.
For a baghouse, this proposed
NESHAP requires monthly visual
inspections of the system ductwork and
baghouse units for leaks. The plant
owner or operator would also be
required to conduct an annual
inspection of the interior of each
baghouse for structural integrity and
condition of the filter fabric. For
electrostatic precipitators, plants would
be required to conduct: (1) A daily
check to verify that the electronic
controls for corona power and rapper
operation are functioning, that the
corona wires are energized, and that
adequate air pressure is present on the
rapper manifold; (2) a monthly visual
inspection of the system ductwork,
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cyclones (if applicable), housing unit,
and hopper for leaks; and (3) a biennial
internal inspection to determine the
condition and integrity of corona wires,
collection plates, plate rappers, hopper,
and air diffuser plates. For wet
electrostatic precipitators, plants would
also be required to conduct a daily
check to verify water flow and a
biennial internal inspection to
determine the condition and integrity of
plate wash spray heads. For wet
scrubbers, plants would be required to
conduct: (1) A daily check to verify
water flow to the scrubber; (2) a
monthly visual inspection of the system
ductwork and scrubber unit for leaks;
and (3) an annual internal inspection for
structural integrity and condition of the
demister and spray nozzle.
The owner or operator of an existing
plant would be required to record the
results of each inspection, the results of
any maintenance performed on the
control device, and the date and time of
each recorded action. The results of
inspections and maintenance of control
equipment would be recorded in a
logbook (written or electronic). The
logbook would be kept onsite and made
available to the permitting authority
upon request. The owner or operator of
an existing plant would be required to
report any deviations from the
emissions limits or monitoring
requirements in a semiannual report
submitted to the permitting authority.
The owner or operator of an existing
area source would be required to submit
an initial notification of applicability
and a notification of compliance status
according to the requirements in 40 CFR
63.9 of the General Provisions (40 CFR
part 63, subpart A). A performance test
would not be required if a performance
test has been conducted within the past
5 years using the specified test methods
and either no process changes have been
made since the test, or the owner or
operator can demonstrate that the
results of the performance test, with or
without adjustments, reliably
demonstrate compliance despite process
changes. We are also proposing that the
owner or operator comply with either
the requirements for SSM plans and
reports in 40 CFR 63.6(e)(3) or with the
malfunction requirements in this
proposed rule that are based on the title
V permit requirements. The permit
requires a report if an event occurs that
results in emissions in excess of a PM
limit and lasts for more than 4 hours.
4. Compliance Requirements for New
Area Sources
The owner or operator of a new
source would be required to install and
operate a bag leak detection system for
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each baghouse used to comply with a
PM emissions limit. The requirements
for the bag leak detection system are set
forth in proposed section 63.11410(g).
For additional information on bag leak
detection systems that operate on the
triboelectric effect, see ‘‘Fabric Filter
Bag Leak Detection Guidance’’, U.S.
Environmental Protection Agency,
Office of Air Quality Planning and
Standards, September 1997, EPA–454/
R–98–015, NTIS publication number
PB98164676. This document is available
from the National Technical Information
Service (NTIS), 5385 Port Royal Road,
Springfield, VA 22161.
The owner or operator of a new
source that uses a control device other
than a baghouse must submit a
monitoring plan to the permitting
authority for approval. The plan must
describe the control device, the
parameters to be monitored, and the
operating limits for the parameters
established during a performance test.
The owner or operator of a new
source would be required to
demonstrate initial compliance with
each applicable PM emissions limit by
conducting a performance test according
to the requirements in 40 CFR 63.7. EPA
Method 5 or 5D (40 CFR part 60,
appendix A), as applicable, would be
used to determine the PM emissions. All
of the testing, monitoring, operation and
maintenance, recordkeeping, and
reporting requirements of the part 63
General Provisions would apply to a
new area source. We have identified in
the proposed NESHAP the General
Provisions of 40 CFR part 63 applicable
to existing and new sources.
D. What is our rationale for selecting the
proposed standards for area sources?
1. Selection of PM as a Surrogate for
Chromium
The PM emissions from the various
processes used for manufacturing
chromium compounds contain the
urban HAP chromium, and emissions
control equipment that is designed and
operated to control PM emissions also
control chromium emissions. Both
plants have title V operating permits
that require PM emissions controls and
establish emissions limits for PM. For
these reasons, we decided to establish
standards using PM as a surrogate for
chromium emissions, which is the
urban HAP that was the basis for the
listing. Controlling PM emissions will
control chromium emissions since they
are contained within the PM—they are
in the particulate form as opposed to the
gaseous form. PM controls used at
existing chromium plants are the same
controls available to control particulate
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HAP metals such as chromium. These
controls capture particulate HAP metals
non-preferentially along with other PM,
thus making PM a reasonable surrogate
for chromium. We have used this
approach in several other NESHAP in
which PM was determined to be a
surrogate for the HAP metals in the PM.
2. Selection of Proposed Standards
The two existing chromium
compound production facilities
currently hold title V operating permits
issued by their respective State
permitting agencies. Both permits
contain PM emissions limits for all
processes used to produce chromium
compounds. We determined that the PM
emissions limits applicable to these
emissions sources are consistent with
the expected performance of similar
operations controlled by well-operated
and maintained emission control
devices. These control devices
(baghouses, wet scrubbers, and wet and
dry electrostatic precipitators) are
widely used to control the emissions
from both primary and secondary
production of many different metals,
they have been demonstrated to be
effective at controlling emissions of
metal HAP, they are cost effective, and
they represent GACT for new and
existing area sources in the chromium
compounds manufacturing industry.
We reviewed the PM limits in the title
V operating permits for both plants. The
North Carolina plant has PM limits that
are expressed in an equation as a
function of process throughput. For
example, as the process throughput
decreases, the PM emissions limit in lb/
hr also decreases. This equation is
applied to each of the production
processes for chromium compounds,
and the allowable emissions limit based
on throughput accounts for changes in
production levels, which affects the
level of emissions control that can be
achieved. The Texas plant has
emissions limits that are fixed in terms
of allowable lb/hr and are independent
of process throughput. A format that is
fixed in lb/hr is not an appropriate
approach for other existing plants or for
new plants because it does not account
for differences in size or capacity.
We determined that the format used
in the title V permit for the North
Carolina plant was appropriate for a
national standard for new and existing
area sources. This mechanism for
determining the emissions limit
accounts for differences in process rates
at different plants and it accounts for
changes in the process rate at a given
plant over time. We have also
determined that the Texas plant can
achieve the proposed emissions limits
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based on process throughput using their
existing emissions control equipment.
Consequently, we are proposing to
apply this equation to determine
emissions limits for each of the
production processes at all new and
existing area source plants for this
national standard.
We are alternatively proposing that
GACT for these existing area sources is
no further emission reduction. We
request comment on the basis,
consistent with section 112(d)(5), for
asserting that GACT is no further
control for these existing sources. We
request comment on this issue because
the standard proposed above will not
result in any emission reductions
beyond what is already required by the
Federal permits to which the existing
facilities are already subject.
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3. Selection of Proposed Compliance
Requirements
We are proposing to base the
compliance requirements for existing
area sources on the operation and
maintenance, recordkeeping, and
reporting requirements in the title V
permit of the area source located in
North Carolina. The title V permit
includes requirements for inspections
and maintenance of each type of control
device, semiannual reports of any
deviation, and records of control device
inspections and maintenance. In
contrast, the compliance requirements
for the Texas plant include very little
with respect to monitoring or
maintaining emissions control
equipment. The requirements we are
proposing are necessary to ensure
emissions controls are maintained and
operated properly on a continuing basis.
The requirements do not pose a
significant additional burden for the
Texas plant that must implement them.
We are allowing 6 additional months for
existing area sources to prepare a
startup, shutdown, and malfunction
plan and implement the inspection and
maintenance requirements for control
devices.
We would require that the existing
plants comply with limited initial
notification requirements in 40 CFR
63.9 of the NESHAP General Provisions
(40 CFR part 63, subpart A). In the
notification of compliance status
required by 40 CFR 63.9(h), the owner
or operator would certify that
equipment has been installed and is
operating for each regulated emissions
point and that the plant will comply
with the inspection and maintenance
requirements. The plant would be
required to conduct a performance test
to demonstrate initial compliance if a
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performance test has not been
conducted in the past five years.
We are proposing to require bag leak
detection systems for baghouses used at
new area sources; a monitoring plan
would be required if another type of
control device is used. Bag leak
detection systems are typical
requirements for new sources of the size
and complexity of chromium compound
manufacturing facilities. In addition,
these systems can be incorporated into
the design and operation for new
sources and would not require
retrofitting or duplicative monitoring as
would be the case if they were applied
to existing sources.
For new area sources, we are also
proposing to apply the notification,
testing, monitoring, operation and
maintenance, recordkeeping, and
reporting requirements in the part 63
General Provisions (40 CFR part 63,
subpart A). The General Provisions are
necessary for effective application of the
standard for new area sources. We
propose that these requirements are
sufficient to ensure compliance with the
proposed emissions limits for
equipment at new area sources.
VI. Proposed Area Source NESHAP for
Flexible Polyurethane Foam Production
and Fabrication
A. What area source categories are
affected by the proposed NESHAP?
This proposed NESHAP applies to
two area source categories: Flexible
Polyurethane Foam Production and
Flexible Polyurethane Foam Fabrication
Operations. We are addressing these two
area source categories in a single
NESHAP due to similarity of their
operations and because they are often
co-located.
The Flexible Polyurethane Foam
Production area source category
includes any facility which
manufactures foam made from a
polymer containing a plurality of
carbamate linkages in the chain
backbone (polyurethane). Polyurethane
is commonly made by reacting a
polyisocyanate with an organic
polyhydroxyl material in the presence
of water. Application of blowing agents,
catalysts, surfactants, and fillers
transform the polyurethane into a foam
with specialized properties.
There are three types of polyurethane
foam production facilities: slabstock
flexible polyurethane foam (slabstock
foam), molded flexible polyurethane
foam (molded foam), and rebond foam.
Slabstock foam is produced in large
continuous ‘‘buns’’ that are then cut into
the desired size and shape. Slabstock
foam is used in a wide variety of
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applications, including furniture and
mattresses. Molded foam is produced by
‘‘shooting’’ the foam mixture into a
mold of the desired shape and size.
Molded foam is used in office furniture,
automobile seats, novelties, and many
other applications. Rebond foam is
made from scrap foam that is converted
into a material primarily used for carpet
underlay.
Prior to the promulgation of the
NESHAP for major sources of foam
production (40 CFR part 63, subpart III)
in 1998, we estimated that there were 78
slabstock foam facilities in the U.S. and
228 molded foam production facilities.
A recent estimate is that there are 36
rebond foam facilities.
The Flexible Polyurethane Foam
Fabrication Operations area source
category includes processes engaged in
cutting, bonding, and/or laminating
pieces of flexible polyurethane foam
together or to other substrates. Typical
bonding techniques include gluing,
taping, and flame lamination.
Foam fabrication adhesive use
operations may use methylene chloridebased adhesives to adhere pieces of
foam together. Most foam fabrication
adhesives are applied by workers using
spray guns. It is typically performed in
large open rooms, with work stations
spaced along a conveyor which moves
the pieces of foam to be glued together.
Loop slitter adhesive use is a
specialized type of foam fabrication
adhesive use. Loop slitters are
equipment at slabstock foam production
and fabrication facilities that are used to
slice large foam buns into thin sheets.
Adhesive is used to attach the ends of
the foam buns to one another before
they are mounted on the loop slitter.
The amount of adhesive used for loop
slitters is relatively low because the
adhesive is not applied continuously,
just once or twice per shift when the
foam buns are loaded onto the loop
slitter.
Flame lamination refers to the
bonding of foam to other substrates (i.e.,
cloth, foam, plastic, and other materials)
where the bonding agent is scorched or
melted foam. Thin sheets of foam are
passed under a flame which scorches
the foam surface and makes it sticky.
The tacky foam sheet is then applied to
a foam or fabric substrate.
All slabstock foam production plants
perform foam fabrication, but there are
also independently operated foam
fabrication facilities. There is no foam
fabrication trade association, so we do
not have a good estimate of the number
of foam fabrication facilities in the U.S.
Prior to the promulgation of subpart III,
EPA estimated that there were loop
slitters at 40 slabstock foam production
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facilities in the U.S. and 21 flame
lamination facilities.
B. What are the production processes
and emissions points for flexible
polyurethane foam production and
fabrication?
Both the Flexible Polyurethane Foam
Production and Flexible Polyurethane
Fabrication Operations area source
categories were listed for regulation due
to emissions of the urban HAP
methylene chloride. Historically,
methylene chloride was the only urban
HAP used at foam production and foam
fabrication facilities. Slabstock foam
production facilities used methylene
chloride as an auxiliary blowing agent
(ABA) to control the density and other
properties of the foam as it expanded
during the pouring process. Methylene
chloride was also used as an equipment
cleaner, in particular for mix heads.
Currently, almost all slabstock foam
producers have discontinued any use of
methylene chloride. A small number of
molded and rebond foam facilities
previously used methylene chloride in
mold release agents and some molded
foam facilities used it as a mix-head
cleaner.
Foam fabricators used methylene
chloride-based adhesives to adhere
pieces of foam to one another. Flame
laminators have never used methylene
chloride.
C. What are the proposed requirements
for area sources?
1. Applicability and Compliance Dates
This proposed NESHAP applies to
both new and existing flexible foam
production and flexible foam fabrication
plants that are area sources. The owner
or operator of an existing source would
be required to comply with the area
source NESHAP by the date of
publication of the final rule in the
Federal Register. The owner or operator
of a new source would be required to
comply with the area source NESHAP
by the date of publication of the final
rule in the Federal Register or at
startup, whichever is later.
2. Proposed Emission Standards
Table 1 of this preamble summarizes
the various foam production and
fabrication area sources covered by this
proposed rule and the corresponding
proposed regulatory strategies. As
shown in Table 1 of this preamble,
slabstock foam producers may still use
limited amounts of methylene chloride
as an auxiliary blowing agent. The
technologies determined to be GACT for
this industry significantly reduce, but
do not always eliminate the use of
methylene chloride as an auxiliary
blowing agent. Methylene chloride use
is prohibited for other uses at foam
production and foam fabrication
facilities.
TABLE 1.—FOAM PRODUCTION AND FABRICATION PROCESSES AND CORRESPONDING PROPOSED REGULATIONS
Area source types
Proposed regulation
1. Slabstock polyurethane foam
production.
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2. Molded polyurethane foam production.
3. Rebond foam production ............
4. Foam fabrication adhesive use ..
a. Emission limits for methylene chloride used as an auxiliary blowing agent (ABA);
b. Controls on storage vessels;
c. Management practices for equipment leaks; and
d. Prohibition on use of methylene chloride as an equipment cleaner.
OR
Eliminate use of methylene chloride in slabstock foam production processes.
Prohibit use of methylene chloride as mold release agent or equipment cleaner.
Prohibit use of methylene chloride as mold release agent.
Prohibit use of methylene chloride adhesives.
For slabstock foam production area
sources, we are proposing emissions
limits and management practices to
reduce methylene chloride emissions
from the production line, storage tanks,
leaking equipment, and equipment
cleaning. Emissions limits for
methylene chloride used as an ABA are
based on a formula which varies
depending on the grades of foam being
produced. Vapor balance systems or
carbon beds would be required for
methylene chloride storage vessels. The
proposed management practices require
plants to identify and correct leaking
pumps and other equipment in
methylene chloride service.
Specifically, owners or operators would
check periodically for equipment leaks
(from quarterly for pumps and valves to
annual for connectors) using EPA
Method 21 (40 CFR part 60, appendix
A). Leaks, which are defined as a
reading of 10,000 parts per million
(ppm) or greater, must be corrected
within 15 days of when they are
detected. The use of methylene chloride
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to clean mix heads and other equipment
would be prohibited.
Slabstock foam facilities that do not
use any methylene chloride at the
facility would not be subject to these
emission limitations and management
practices. Such facilities would only
need to submit a one-time report.
This proposed rule prohibits the use
of methylene chloride-based mold
release agents at molded and rebond
foam facilities, methylene chloridebased equipment cleaners at molded
foam facilities, and methylene chloridebased adhesives for foam fabrication.
3. Compliance Requirements
Slabstock foam area sources
continuing to use methylene chloride
would be required to monitor the HAP
added at slabstock production mixheads
and the HAP contained in and added to
HAP ABA storage tanks. Plants using
carbon adsorber systems to control
emissions from HAP ABA storage tanks
would be required to monitor the HAP
content of exhaust streams from outlet
vents. Plants using a recovery device to
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reduce methylene chloride emissions
would be required to comply with a
recovered HAP ABA monitoring and
recordkeeping program.
The owner or operator would be
required to submit semiannual reports
containing information on allowable
and actual HAP ABA emissions, carbon
adsorbers on storage tanks, and
equipment leaks. Owners and operators
would also be required to submit annual
compliance certifications. Records
would be required to demonstrate
compliance, including a daily operating
log of foam runs containing the grades
of foam produced and related data, and
records related to storage tanks and
equipment leaks. This proposed
NESHAP also includes a simpler
facility-wide compliance option that
only requires that the facility measure
the total amount of methylene chloride
used at the facility. Slabstock foam
plants that do not use any methylene
chloride would be required to submit a
one-time certification as part of their
notification of compliance status.
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Molded foam, rebond foam, and foam
fabrication facilities which operate loop
slitters would be required to prepare,
and keep on file, compliance
certifications which certify that the
facility is not using the prohibited
methylene-chloride based products and
will not use them in the future. The
plants would also maintain records
documenting that the products they are
using for the specific purposes do not
contain any methylene chloride. These
can be records that would be kept in the
absence of this proposed rule such as
adhesive usage information and
Material Safety Data Sheets. Foam
fabrication plants which do not operate
loop slitters would have no compliance
certification or recordkeeping
requirements.
The owner or operator of each
slabstock foam affected source that
continues to use methylene chloride
and, therefore, would be subject to the
methylene chloride emissions limits,
would be required to comply with
several requirements of the General
Provisions in 40 CFR part 63, subpart A.
However, because of the intermittent
nature of the slabstock foam process, we
are not proposing to require that
affected sources comply with the
requirements for SSM plans and reports
in 40 CFR 63.6(e)(3).
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D. What is our rationale for selecting the
proposed standards for area sources?
1. Selection of Proposed Standards
When the NESHAP for major sources
of polyurethane foam production in 40
CFR part 63, subpart III was
promulgated in 1998, we estimated that
there were 78 slabstock foam facilities,
and that all of these facilities were major
sources. The NESHAP requirements,
along with the revisions to the
Occupational Safety and Health
Administration (OSHA) permissible
exposure and short-term exposure limits
for methylene chloride (63 FR 50711,
September 22, 1998), caused slabstock
foam facilities to investigate, evaluate,
and install technologies to reduce or
eliminate the use of methylene chloride
as an ABA at their facilities. These
technologies include alternative
formulations to reduce the amount of
methylene chloride ABA needed,
alternative non-HAP ABAs (acetone,
liquid carbon dioxide), controlled or
variable pressure foaming, and forced
cooling. Based on recent contacts with
the industry, we have verified that every
known slabstock facility has converted
their process to utilize one of these
technologies. In many cases, these
changes were instituted prior to the
compliance date for subpart III, making
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the facilities area sources. As these
technologies have been universally
applied to major and area source
slabstock foam production facilities, we
have no reason to believe that these
emissions reduction technologies are
infeasible or inappropriate for area
sources. Consequently, we propose to
conclude that emissions limitations
based on the application of these
technologies are generally available
control technology (GACT) for new and
existing area sources.
Because the installation and operation
of several of these pollution prevention
technologies have resulted in the near
total elimination of the use of and
emissions of methylene chloride at
slabstock foam production facilities, we
have included a provision in this
proposed rule that allows slabstock
facilities that do not use any methylene
chloride to submit a one-time report
certifying that they do not use, and will
not use in the future, any methylene
chloride. We included this provision to
reduce the recordkeeping and reporting
burden for these facilities.
We are also aware that methylene
chloride usage has been eliminated at
many molded foam and rebond foam
production facilities. Therefore, we have
no reason to believe that the use of nonmethylene chloride mold release agents
and cleaners at molded and rebond
foam production facilities is infeasible
or inappropriate for area sources.
Therefore, we determined that a
prohibition of methylene chloride mold
release agents and cleaners at molded
and rebond foam production facilities is
GACT for new and existing sources.
While we are not aware of any area
source molded foam or rebond foam
facility that is currently using
methylene chloride-based mold release
agents or cleaners, we believe that it is
appropriate to propose a prohibition on
the use of these products to ensure that
no methylene chloride is emitted from
these facilities in the future.5
The changes to the OSHA permissible
exposure and short-term worker
exposure limits for methylene chloride
had an even more significant impact on
the flexible polyurethane foam
fabrication source category, as it made it
infeasible to continue to use methylene
chloride-based adhesives for most foam
fabrication operations. Current
information indicates that owners and
operators of foam fabrication sources
have eliminated the use of methylene
5 Flame lamination foam fabrication facilities
have never used, and thus never emitted, any
methylene chloride and were not included in the
listed category. Therefore, this proposed rule does
not contain any emissions limitations for flame
lamination facilities.
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chloride-based adhesives. (Additional
details are provided in the background
information for this industry in Docket
ID No. EPA–HQ–OAR–2006–0897.) The
most common alternatives being used
are acetone-based and water-based
adhesives. Therefore, we have no reason
to believe that the use of non-methylene
chloride-based adhesives for foam
fabrication applications is infeasible or
inappropriate for area sources as a
generally available management
practice. In addition, because of the
nature of the adhesives application
process described above, we are not
aware of control technologies or
management practices that could be
employed to limit methylene chloride
emissions in foam fabrication
operations. Consequently, we are
proposing that a prohibition of the use
of adhesives containing methylene
chloride is GACT for foam fabrication
operations. We are requesting comments
on this proposed prohibition.
Among other things, we are asking for
comment on the availability of cost
effective alternatives to methylene
chloride adhesives. We are also
requesting comments on whether and
under what circumstances methylene
chloride-based adhesives (e.g., in small
specialty applications) are being used or
might be used by the foam fabrication
industry, and what quantities are or
might be involved in such applications.
We also request information on any
control technologies or management
practices used to limit emissions of
methylene chloride in the application of
the methylene chloride-based adhesives
and any cost information associated
with such control approaches.
2. Selection of Proposed Compliance
Requirements
For slabstock foam production
facilities that continue to use methylene
chloride, we concluded that
requirements for monitoring and
recording the amount of methylene
chloride used are sufficient to ensure
compliance with the proposed
emissions limitations.
For slabstock foam production
facilities that have eliminated the use of
methylene chloride and are exempt
from the emissions limitations in this
proposed rule, we are proposing to
require that owners or operators submit
a one-time notification certifying that
they do not use any methylene chloride
and will not use it in the future as their
notification of compliance status report.
In order to demonstrate compliance
with the prohibition of the use of
methylene chloride based mold release
agents and cleaners for molded and
rebond processes, we are proposing to
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require preparation of a compliance
certification, signed by a responsible
official and kept on file, indicating that
the facility has ceased the use of these
prohibited products. The plant owner or
operator would be required to maintain
adhesive usage records and Material
Safety Data Sheets or other
documentation to show that no
methylene chloride-based products are
being used.
Currently available information from
the foam fabrication industry and
adhesive manufacturers suggests that it
is not possible for typical foam
fabrication operations to use methylene
chloride-based adhesives and comply
with OSHA permissible exposure and
short-term worker exposure limits for
methylene chloride. Because we assume
that compliance with these OSHA
standards is being achieved through the
elimination of the use of methylene
chloride-based adhesives, we do not
believe that additional reporting or
recordkeeping is necessary to
demonstrate compliance with the
proposed prohibition of the use of
methylene-chloride based adhesives.
Therefore, this proposed rule contains
no compliance requirements for most
foam fabrication affected sources.
However, unlike typical foam
fabrication applications, we believe it
may be possible for loop slitters to use
methylenechloride— based adhesives
and still comply with the OSHA worker
exposure limits. This is because loop
slitter adhesive application is brief and
intermittent, typically not occurring
more than once during a single shift. As
a result, worker exposure is also brief
and intermittent. Thus, it is possible
that some loop slitter facilities could
meet the OSHA time-weighted average
exposure limitation without changing
any of their normal procedures.
Additionally, we believe that if
compliance with the OSHA
requirements could not be achieved
without changing normal operating
procedures, there are feasible measures
that could be implemented to achieve
compliance. For instance, the loop
slitter adhesive could be applied by
workers wearing respiration equipment,
or a hood or other ventilation
equipment could be added to the
adhesive application station. Because of
these possibilities, loop slitter
operations using methylene chloride
adhesives have the potential to meet the
worker exposure limits set by OSHA,
but still use and emit methylene
chloride.
Due to this possibility, we are
proposing to require that flexible
polyurethane foam fabrication affected
sources operating loop slitters prepare
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and keep on file a compliance
certification, signed by a responsible
official, indicating that the facility does
not use any methylene chloride and will
not use it in the future.
We are not proposing to apply the
SSM requirements in 40 CFR 63.6(e)(3)
to flexible polyurethane foam
production and fabrication area sources.
For slabstock facilities that elect not to
use any methylene chloride, and for
molded facilities, rebond facilities, and
loop slitters that are prohibited from
using methylene chloride-based
products, SSM periods will have no
impact on methylene chloride
emissions.
There are also fundamental problems
in applying the General Provision
requirements for SSM to slabstock foam
production facilities that continue to
use methylene chloride. The rationale
for not subjecting area source slabstock
foam plants to the SSM requirements
was laid out at promulgation of subpart
III, which exempted major sources from
these provisions.
The fundamental problem in applying
the General Provisions SSM provisions
to flexible polyurethane foam
production facilities is defining a
startup and a shutdown. The foam
production process is intermittent in
nature and, based on the EPA’s
knowledge of the industry, every foam
production process will undergo at least
one routine ‘‘startup’’ and one routine
‘‘shutdown’’ per day. The EPA never
intended that these routine activities be
addressed by the SSM requirements.
The intent of the SSM plan is to
identify methods to reduce excess
emissions that occur during these events
when air pollution is emitted in
quantities greater than the standard
allows. Given the comprehensive
approach of the adopted sections of
subpart III to regulate emissions by
restricting the amount of HAP used,
EPA does not believe that, for foam
production facilities, periods of SSM
provide the opportunity for emissions
not already anticipated.
VII. Proposed Area Source NESHAP for
Lead Acid Battery Manufacturing
A. What area source category is affected
by the proposed NESHAP?
The Lead Acid Battery Manufacturing
area source category includes plants that
manufacture batteries from lead, lead
oxide paste, and sulfuric acid. These
may be either of two types of batteries:
(1) Starting, lighting, and ignition (SLI)
batteries primarily used in automobiles,
or (2) industrial and traction batteries.
Industrial batteries include those used
for uninterruptible power supplies and
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traction batteries are used to power
electric vehicles such as forklifts.
We estimate that there are
approximately 58 lead acid battery
manufacturing area sources operating in
the U.S. Many of these area sources are
subject to the NSPS for lead acid battery
manufacturing plants in 40 CFR part 60,
subpart KK. Subpart KK applies to all
lead acid battery manufacturing plants
constructed or modified since 1982 if
they produce or have the design
capacity to produce in one day batteries
containing an amount of lead equal to
or greater than 5.9 megagrams (6.5 tons).
B. What are the production processes
and emissions points at facilities that
manufacture lead acid batteries?
The lead acid battery manufacturing
process includes preparing battery grids
through stamping or casting lead. Lead
oxide paste is added to the grids in the
grid pasting operation creating plates
that are cured and assembled into a
battery. Batteries are then charged using
sulfuric acid in the forming operations.
Lead oxide may be prepared by the
battery manufacturer, as is the case for
many larger battery manufacturing
plants, or may be purchased from a
supplier.
The lead acid battery manufacturing
area source category was listed for
regulation due to emissions of the urban
HAP lead, which is used as a primary
component of a battery. Cadmium,
another urban HAP emitted in trace
amounts, was also identified in the
listing of the lead acid battery
manufacturing area source category.
Cadmium and other trace urban HAP
metals that are emitted by lead acid
battery manufacturing plants (arsenic,
beryllium, chromium, manganese, and
nickel) are controlled by the same
devices that control lead emissions.
C. What are the proposed requirements
for area sources?
1. Applicability and Compliance Dates
The proposed NESHAP apply to both
new and existing lead acid battery
manufacturing plants that are area
sources. We are not aware of any major
source lead acid battery manufacturing
plants. We are proposing that owners or
operators of existing sources comply
with all the requirements of the area
source NESHAP no later than 1 year
after the date of publication of the final
rule in the Federal Register. The owner
or operator of a new source would be
required to comply with the area source
NESHAP on the date of publication of
the final rule in the Federal Register or
at startup, whichever is later.
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2. Proposed Emissions Standards
We are proposing to adopt as the
NESHAP for the lead acid battery
manufacturing area source category the
numerical emissions limits for grid
casting, paste mixing, three-process
operation, lead oxide manufacturing,
lead reclamation, and other lead
emitting processes in 40 CFR 60.372 of
the NSPS for lead acid batteries. These
lead discharge limits are:
• 0.40 milligram of lead per dry
standard cubic meter of exhaust (mg/m3)
from grid casting facilities,
• 1.00 mg/m3 from paste mixing
facilities,
• 1.00 mg/m3 from three-process
operations,
• 5.0 mg per kilogram of lead feed
from lead oxide manufacturing
facilities,
• 4.50 mg/m3 from lead reclamation
facilities, and
• 1.0 mg/m3 from any other leademitting operations.
We are also proposing to adopt as the
NESHAP for the lead acid battery
manufacturing area source category the
opacity limits from the lead acid battery
NSPS. The opacity must be no greater
than 5 percent from lead reclamation
facilities and no greater than 0 percent
from any affected facility except lead
reclamation facilities.
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3. Compliance Requirements
We are proposing to include in this
proposed NESHAP the monitoring,
testing, recordkeeping, and reporting
requirements in the NSPS for lead acid
batteries. This proposed NESHAP
requires controls for lead emissions
from the paste mixing, three-process
operation, lead oxide manufacturing,
grid casting, lead reclamation processes,
and other lead-emitting processes. The
owner or operator would be required to
submit quarterly reports containing
information on emissions that exceed
the applicable limits. Records would be
required to demonstrate compliance. We
are also proposing to adopt the testing,
monitoring, recordkeeping, and
reporting requirements in the part 60
General Provisions (40 CFR part 60,
subpart A) and the initial notification
and notification of compliance
requirements in the part 63 General
Provisions (40 CFR part 63, subpart A).
We have explicitly identified in the
proposed NESHAP the applicable
General Provisions of both 40 CFR parts
60 and 63.
The proposed NESHAP allows
existing plants to utilize previously
conducted performance tests, when they
are representative of current conditions,
to demonstrate compliance. Plants
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without representative prior
performance tests are required to
conduct performance tests by 180 days
after the compliance date.
D. What is our rationale for selecting the
proposed standards for area sources?
1. Selection of Proposed Standards
The NSPS applies to all lead acid
battery manufacturing plants
constructed or modified since 1982 if
they produce or have the design
capacity to produce in one day batteries
containing an amount of lead equal to
or greater than 5.9 megagrams (6.5 tons).
Many existing lead acid battery facilities
are subject to the NSPS and use fabric
filters and impingement scrubbers to
meet the lead emissions limits in the
NSPS. In addition, through discussions
with the industry trade organization, we
have concluded that the existing
facilities, whether they are subject to the
NSPS or not, have installed fabric filters
or other control devices that will allow
them to meet the standard.
Therefore, we have no reason to
believe that the conventional control
techniques employed to meet the
emissions limits in the NSPS are
infeasible or inappropriate for new or
existing area sources. We have
determined that the emissions control
requirements in the NSPS for lead acid
battery manufacturing are GACT for
new and existing sources in the lead
acid battery manufacturing area source
category.
2. Selection of Proposed Compliance
Requirements
We have reviewed the compliance
requirements in the NSPS for lead acid
batteries and the NSPS General
Provisions (40 CFR part 60, subpart A)
applicable to this proposed NESHAP
and concluded that these requirements
are sufficient to ensure compliance with
the proposed emissions limit standards.
Therefore, we are proposing to adopt the
NSPS testing, monitoring, and
recordkeeping requirements in this
proposed rule.
The part 60 General Provisions are
necessary for effective application of the
lead acid battery NSPS and are therefore
incorporated into this proposed rule as
well. We are also incorporating certain
provisions in the NESHAP General
Provisions (40 CFR part 63, subpart A)
to address aspects of this proposed rule
not covered by the part 60 General
Provisions.
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16651
VIII. Proposed Area Source NESHAP
for Wood Preserving
A. What area source category is affected
by the proposed NESHAP?
The Wood Preserving area source
category includes facilities that use
pressure or thermal processes to
impregnate chemicals into wood to a
depth that will provide effective longterm resistance to attack by fungi,
bacteria, insects, and marine borers. As
most sources in this source category are
minor sources, few are subject to State
air emissions regulations or permit
requirements.
Existing facilities in the wood
preserving source category are currently
well controlled in terms of emissions of
the urban HAP metals chromium and
arsenic as a result of a voluntary
decision by the industry to discontinue
certain specified uses of chromated
copper arsenate (CCA). The
discontinued uses include dimensional
lumber and wood used in play
structures, decks, picnic tables,
landscaping timbers, residential fencing,
patios, walkways, and boardwalks. The
voluntary agreement has reduced the
usage and emissions of arsenic and
chromium compounds from CCA
treatment facilities by more than 80
percent. On March 17, 2003, pursuant to
section 6(f)(1) of the Federal Insecticide,
Fungicide, and Rodenticide Act
(FIFRA), a cancellation order was signed
in response to the use terminations and
cancellations voluntarily requested by
the registrants of wood preservative
pesticide products containing CCA).
Under the cancellation order, as of
December 31, 2003, newly produced
CCA may only be used for preservative
treatment of a limited number of use
categories of forest products (e.g.,
lumber and timber for marine
construction for salt water use; wood for
highway construction; piles; poles;
agricultural posts; and treated wood
used as structural members on farms).
The use of CCA has been effectively
eliminated from household
commodities such as decking as a result
of the FIFRA cancellation order.
Household commodities such as
decking are now generally treated with
waterborne copper-based wood
preservative systems known as
ammoniacal copper quat (ACQ) or
copper azole (CA). These preservatives
do not contain arsenic or chromium, or
any other urban HAP as active
ingredients. (See Docket Item 0001
‘‘Background on the Wood Preserving
Industry’’ in Docket ID No. EPA–HQ–
OAR–2006–0897.)
With regard to dioxin emissions,
pursuant to FIFRA, EPA issued a notice
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on the wood preservative uses of
pentachlorophenol to establish reliable
and enforceable methods for
implementing certified limits for
hexachlorodibenzo-p-dioxin (HxCDD)
and 2,3,7,8-tetrachlorodibenzo-p-dioxin
(2,3,7,8–TCDD or dioxin) (52 FR 140,
January 2, 1987). Per the EPA notice,
levels of 2,3,7,8–TCDD are not allowed
to exceed 1 part per billion (ppb) in any
product, and any manufacturing-use
pentachlorophenol has to have HxCDD
levels below an average of 2 ppm over
a monthly release or a batch level limit
of 4 ppm. The pentachlorophenol
registrant has to submit monthly
analyses to EPA to demonstrate
compliance with these requirements.
Industry representatives have
reported there is no current use of
methylene chloride by the wood
preserving industry. In 1992, its use as
a solvent system was removed from the
standards of the American Wood
Preservers’ Association, which govern
the treatment of wood products.
All wood preserving plants currently
in operation are area sources. We
estimate that there are approximately
393 wood preserving area sources
operating in the U.S. and expect that
new facilities will be built in the coming
years. In this rule, we are proposing
standards for both new and existing area
sources.
B. What are the production processes
and emissions points at wood
preserving facilities?
Wood preserving or treatment is
accomplished by either pressure or
thermal processes. To initiate either
process, wood products are debarked,
sawed, and conditioned. More than 95
percent of all treated wood is preserved
through pressurized processes. These
processes are performed inside an
enclosed vessel and involve the
application of pneumatic or hydrostatic
pressure to expedite the movement of
preservative liquid into the wood.
In a thermal treatment process, the
wood is exposed to the preservative in
an open vessel. The thermal process
involves exposing wood to a heated
preservative for 6 to 12 hours followed
by exposure to the preservative at
ambient temperature for 2 to 4 hours.
According to industry representatives,
there are currently only three facilities
using the thermal process to treat the
bottom portion (i.e., the 6 to 8 feet that
will be below ground) on certain types
of utility poles.
There are two general classes of wood
preservatives: oils, such as creosote and
petroleum solutions of
pentachlorophenol (also called ‘‘penta’’
or ‘‘PCP’’) and copper naphthanate, and
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waterborne salts that are applied as
water solutions. Treated wood is used
throughout the U.S. in a variety of
capacities, including utility poles,
lumber and timber, railroad ties, fence
posts, marine pilings, plywood, and
other miscellaneous products. By
extending the service life of available
wood through treatment with chemicals,
wood treatment reduces the demands on
forestry resources, reduces operating
costs in industries such as utilities and
railroads, and helps ensure safe working
conditions where timbers are used as
support structures.
The urban HAP emitted from wood
preserving operations that were the
basis for the source category listing are
arsenic, chromium, methylene chloride,
and dioxins. These HAP may be
released from the treatment process or
an opening or leak in the process
equipment. Significant effort is made by
the industry to minimize any excess
preservative that might contribute to
emissions because the preservative can
be as much as one-third of the total
product cost. As a result, almost all
wood preservation employing a pressure
process takes place in a closed retort. A
retort is an airtight pressure vessel,
typically a long horizontal cylinder,
used for the pressure impregnation of
wood products with a liquid wood
preservative. Proper use of a retort or
similar vessel minimizes the loss of
excess preservative and thereby limits
HAP emissions.
All of the thermal treatment processes
that have been identified by industry
utilize air scavenging systems to capture
and control emissions coming from the
process treatment vessel during the
treatment process.
After the preservative has been
impregnated in the wood, the treated
wood is set out to dry over a drip pad
to collect preservative not absorbed
during the treatment process.
Regulations promulgated pursuant to
the Resource Conservation and
Recovery Act prohibit the presence of
any free preservative drippage from
products after they leave the process
drip pad.
C. What are the proposed requirements
for area sources?
1. Applicability and Compliance Dates
The proposed NESHAP apply to both
new and existing wood preserving
plants that are area sources. Because
existing area sources are already
complying with the proposed standards,
we are proposing that owners or
operators of existing sources comply
with all the requirements of the area
source NESHAP by the date of
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publication of the final rule in the
Federal Register. The owner or operator
of a new source would be required to
comply with the area source NESHAP
by the date of publication of the final
rule in the Federal Register or at
startup, whichever is later.
2. Proposed Standards
We are proposing to adopt as the
NESHAP for the Wood Preserving area
source category the control technologies
and management practices currently
used by most facilities within the wood
preserving industry. Facilities using a
pressure treatment process would be
required to use a retort or similarly
enclosed vessel for the preservative
treatment of wood involving any wood
preservatives containing chromium,
arsenic, dioxins, or methylene chloride.
Facilities using a thermal treatment
process involving any wood
preservatives containing chromium,
arsenic, dioxins, or methylene chloride
would be required to use process
treatment tanks equipped with air
scavenging systems to capture and
control air emissions.
These proposed standards would also
require facility operators to minimize
emissions from process tanks and
equipment (e.g., retorts, other enclosed
vessels, and thermal treatment tanks), as
well as storage, handling, and transfer
operations. These standards would have
to be documented in a management
practices plan that must include, but not
be limited to, the following activities:
• Minimizing preservative usage;
• Maintaining records on the type of
treatment process and types and
amounts of wood preservatives used at
the facility;
• For the pressure treatment process,
maintaining charge records identifying
pressure reading(s) inside the retorts (or
similarly enclosed vessels, if
applicable);
• For the thermal treatment process,
maintaining records that an air
scavenging system is installed and
operated properly during the treatment
process;
• For the pressure treatment process,
fully draining the retort prior to opening
the retort door;
• Storing treated wood product on
drip pads or in a primary containment
area to convey preservative drippage to
a collection system until drippage has
ceased;
• Promptly collecting any spills; and
• Performing relevant corrective
actions or preventative measures in the
event of a malfunction before resuming
operations.
Existing written standard operating
procedures may be used as the
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management practices plan if those
procedures include the minimum
activities required for a management
practices plan.
3. Compliance Requirements
Plants would be required to comply
with limited notification requirements
in the part 63 General Provisions (40
CFR part 63, subpart A). This proposed
rule establishes the content and
deadlines for submission of the
notifications. We have explicitly
identified in the proposed NESHAP the
applicable General Provisions of 40 CFR
part 63.
D. What is our rationale for selecting the
proposed standards for area sources?
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1. Selection of Proposed Standards
Over the past 15 years, the wood
preserving industry has undergone
several changes related to the types of
preservatives used for certain
applications and the associated
emissions with wood preservatives.
Prior to 2003, much of the urban HAP
metal emissions from the wood
preservation area source category came
from the preservative treatment of wood
using CCA.
In determining GACT for the wood
preserving source category, we
identified different management
practices and control technologies used
to reduce air emissions from pressure
treatment processes and thermal
treatment processes. Under section
112(d)(1) of the CAA, EPA may
‘‘distinguish among classes, types, and
sizes of sources within a category or
subcategory in establishing such
standards * * *.’’ There are basic
differences between the two treatment
processes in the type of process vessel
used, the mechanisms affecting the
potential generation of air emissions
(pressure versus thermal), and the way
emissions are controlled. Consequently,
we are proposing a GACT standard for
the pressure treatment subcategory and
a GACT standard for the thermal
treatment subcategory.
For wood treatment facilities using
pressure treatment processes, any metal
HAP that are included as part of the
wood preservative formulation (such as
CCA) are impregnated into the wood
product inside a pressurized vessel
(retort), and, therefore, significant air
emissions do not occur during the
process. After the retort is returned to
ambient pressure, excess preservative is
drained back into the storage tanks and
the treated product is stored on drip
pads prior to shipment. Metal HAP are
normally released into the environment
as PM and will not enter the air during
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the drying process. As demonstrated by
the 2004 TRI for this industry,
nationwide air emissions of all metal
HAP are negligible (i.e., arsenic = 0.0002
pounds and chromium compounds =
0.0003 pounds). We have not identified
any other management practices or
control technologies that would provide
additional emissions reductions in a
cost effective manner. Therefore, GACT
for pressure treatment processes is the
management practices described above
that are being used to minimize
emissions from the process equipment
and manufacturing operations.
The same type of retort process used
in the application of CCA is used for
most wood preservatives containing
pentachlorophenol and emissions of
dioxin are likewise limited as a result.
Dioxin also has a very low vapor
pressure, making it less likely to
volatilize into the air during the drying
process. In fact, the 2004 TRI shows less
than 0.005 grams of dioxin reported
nationwide for the wood preserving
industry. We have not identified any
other management practices or control
technologies that would provide
additional emissions reductions in a
cost effective manner for facilities using
pressure treatment processes. Therefore,
the management practices that are being
used to minimize emissions from the
retort or other similarly enclosed
process equipment associated with the
pressure treatment processes are GACT.
For wood treatment facilities using
thermal processes, the wood product is
placed inside a treatment tank that may
contain wood preservative with one of
the urban HAP for which this category
was listed. At the three existing
facilities using the thermal process, air
emissions are captured and controlled
by an air scavenging system, which
consists of a capture system (e.g.,
skirting around the tank) vented to a
vapor recovery tank that collects
condensate from the vapors. Therefore,
no significant air emissions occur
during the thermal treatment process.
We have not identified any other
management practices or control
technologies that would provide
additional emissions reductions in a
cost effective manner for thermal
treatment processes. Therefore, GACT
for thermal treatment facilities entails
using air scavenging systems to control
emissions from the process treatment
tanks associated with thermal processes
consistent with the practices described
above.
Industry representatives also
informed us that methylene chloride
was replaced in their processes several
years ago with different solvent carriers.
The use of methylene chloride as a
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solvent system was removed from the
standards of the American Wood
Preservers’ Association in 1992. (See
Docket Item 2006–0897–0001,
‘‘Background on the Wood Preserving
Industry’’ in Docket ID No. EPA–HQ–
OAR–2006–0897.) There have been no
emissions of methylene chloride
reported in the TRI for the industry
since 1992. However, because we
cannot be certain that a new use for
methylene chloride will not be
developed in the future, we are
proposing to require the same standards
for a preservative containing methylene
chloride.
Based on our evaluation of the
industry emissions and not being able to
identify other cost effective management
practices or control technologies that
would provide additional emissions
reductions involving chromium,
arsenic, dioxins, or methylene chloride,
we are proposing to establish standards
based on current management practices
and control technologies to minimize air
emissions.
2. Selection of Proposed Compliance
Requirements
The proposed standards require a
minimal level of monitoring and
recordkeeping to demonstrate
compliance. For this reason, we are
proposing to base the compliance
requirements for new and existing area
sources on certain notification
requirements in the part 63 General
Provisions. The initial notification of
applicability required by 40 CFR
63.9(b)(2) would require the owner or
operator to identify the plant as an area
source subject to the standards. The
notification of compliance status would
require the owner or operator to certify
compliance with the standards. No
other recordkeeping or reporting
requirements in the General Provisions
would apply.
IX. Proposed Exemption of Certain
Area Source Categories From Title V
Permitting Requirements
Section 502(a) of the CAA provides
that EPA may exempt one or more area
sources from the requirements of title V
if EPA finds that compliance with such
requirements is ‘‘impracticable,
infeasible, or unnecessarily
burdensome’’ on such area sources. EPA
must determine whether to exempt an
area source from title V at the time we
issue the relevant section 112 standard
(40 CFR 70.3(b)(2)). We are proposing in
this action to exempt acrylic and
modacrylic fibers production, flexible
polyurethane foam production and
fabrication, lead acid battery
manufacturing, and wood preserving
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area source categories from the
requirements of title V. These area
source categories would not be required
to obtain title V permits solely as a
function of being the subject of the
proposed NESHAP; however, if they
were otherwise required to obtain title
V permits, such requirement(s) would
not be affected by the proposed
exemption.
Consistent with the statute, EPA has
found that compliance with title V
permitting is ‘‘unnecessarily
burdensome’’ for acrylic and modacrylic
fibers production, flexible polyurethane
foam production and fabrication, lead
acid battery manufacturing, and wood
preserving area sources. EPA’s inquiry
into whether this criterion was satisfied
was based primarily upon consideration
of the following four factors: (1)
Whether title V would result in
significant improvements to the
compliance requirements that we are
proposing for these area source
categories; (2) whether title V permitting
would impose a significant burden on
these area sources and whether that
burden would be aggravated by any
difficulty these sources may have in
obtaining assistance from permitting
agencies; (3) whether the costs of title V
permitting for these area sources would
be justified, taking into consideration
any potential gains in compliance likely
to occur for such sources; and (4)
whether there are implementation and
enforcement programs in place that are
sufficient to assure compliance with
these NESHAP without relying on title
V permits.
EPA also considered, consistent with
the guidance provided by the legislative
history of CAA section 502(a),6 whether
exempting area source categories would
adversely affect public health, welfare
or the environment. We have considered
the factors above in determining
whether to include an exemption from
title V in the proposed NESHAP for
acrylic and modacrylic fibers
production, flexible polyurethane foam
production and fabrication, lead acid
battery manufacturing, and wood
preserving area sources.
The first factor is whether title V
would result in significant
improvements to the compliance
requirements we are proposing for these
area source categories. We looked at the
compliance requirements of the
6 The legislative history of section 502(a) of the
Clean Air Act suggests that EPA should not grant
title V exemptions where doing so would adversely
affect public health, welfare, or the environment.
(See Chafee-Baucus Statement of Senate Managers,
Environment and Natural Resources Policy Division
1990 CAA Leg. Hist. 905, compiled November
1993.)
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proposed NESHAP to see if they were
substantially equivalent to the
monitoring, recordkeeping and
reporting requirements of title V (see 40
CFR 70.6 and 71.6) that we believe are
important for assuring compliance with
the NESHAP. The purpose of this
review was to determine if title V is
‘‘unnecessary’’ to improve compliance
with these NESHAP. A finding that title
V would not result in significant
improvements to the compliance
requirements in the proposed NESHAP
would support a conclusion that title V
permitting is ‘‘unnecessary’’ for area
sources in these categories. One way
that title V may improve compliance is
by requiring monitoring (including
recordkeeping designed to serve as
monitoring) to assure compliance with
the emissions limitations and control
technology requirements imposed in the
standard. The authority for adding new
monitoring in the permit is in the
‘‘periodic monitoring’’ provisions of 40
CFR 70.6(a)(3)(i)(B) and 40 CFR
71.6(a)(3)(i)(B), which allow new
monitoring to be added to the permit
when the underlying standard does not
already require ‘‘periodic testing or
instrumental or noninstrumental
monitoring (which may consist of
recordkeeping designed to serve as
monitoring).’’ In addition, title V
imposes a number of recordkeeping and
reporting requirements that may be
important for assuring compliance.
These include requirements for a
monitoring report at least every 6
months, prompt reports of deviations,
and an annual compliance certification.
See 40 CFR 70.6(a)(3) and 40 CFR
71.6(a)(3), 40 CFR 70.6(c)(1) and 40 CFR
71.6(c)(1), and 40 CFR 70.6(c)(5) and 40
CFR 71.6(c)(5).
We examined the first factor for each
of the source categories and determined
that a title V permit would not result in
significant improvements to the
compliance requirements that we are
proposing. The following paragraphs
discuss each source category separately.
To determine whether title V permits
would add significant compliance
requirements for the Acrylic and
Modacrylic Fibers Production area
source category, we compared the title
V monitoring, recordkeeping, and
reporting requirements mentioned
above to those requirements in the
proposed NESHAP, which adopts the
compliance requirements in the Stateissued permit for the one area source
plant currently in operation. The
proposed NESHAP requires CPMS to
measure and record the water flow rate
to the control device (wet scrubber)
every 15 minutes and to determine the
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daily average flow rate. Periodic visual
inspections of AN storage tanks
equipped with a fixed roof in
combination with an internal floating
roof must be conducted according to the
NSPS requirements in 40 CFR part 60,
subpart Kb. Because both the
continuous and noncontinuous
monitoring methods required by the
proposed NESHAP would provide
periodic monitoring, title V would not
add any monitoring to the proposed
NESHAP.
We also considered the extent to
which title V could enhance compliance
through recordkeeping or reporting
requirements, including title V
requirements for a 6-month monitoring
report, deviation reports, and an annual
compliance certification in 40 CFR 70.6
and 71.6. The proposed NESHAP for
acrylic and modacrylic fibers
production requires the plant to
determine compliance with daily
average operating limits for the water
flow rates to each control device on a
monthly basis and to submit compliance
reports to EPA or the delegated
authority on a quarterly basis. Should
the daily average water flow rate to a
wet scrubber control device fall below
the operating limits, the plant must
notify EPA or the delegated authority in
writing within 10 days of the
identification of the exceedance. All
area source plants would be required to
comply with the requirements for
startup, shutdown, and malfunction
plans, reports, and records in 40 CFR
63.6(e)(3).
Records are required to demonstrate
compliance with the NSPS inspection
and repair requirements for storage
tanks in 40 CFR part 60, subpart Kb. The
information required in the proposed
NESHAP is similar to the information
that must be provided in the deviation
reports and semiannual monitoring
reports required under 40 CFR 70.6(a)(3)
and 40 CFR 71.6(a)(3).
The proposed NESHAP does not
require an annual compliance
certification report, which is a
requirement of a title V permit. See 40
CFR 70.5(c)(9)(iii) and 40 CFR
71.6(c)(5)(i). EPA believes that the
annual certification reporting
requirement is not necessary because
the quarterly reports are adequate to
ensure compliance for existing sources.
New sources would submit notifications
and reports required by the part 63
General Provisions.
The monitoring, recordkeeping and
reporting requirements in the proposed
NESHAP for the Acrylic and Modacrylic
Fibers Production area source category
are substantially equivalent to such
requirements under title V. Therefore,
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we conclude that title V would not
result in significant improvements to
the compliance requirements we are
proposing for this area source category.
To determine whether title V permits
would add significant compliance
requirements to the proposed NESHAP
for Lead Acid Battery Manufacturing,
we also compared the title V
monitoring, recordkeeping, and
reporting requirements to those
requirements in the proposed NESHAP,
which adopts the compliance
requirements in the NSPS. The NSPS
requires that a facility using a scrubbing
system install, calibrate, maintain, and
operate a monitoring device that
measures and records the pressure drop
across the scrubbing system at least
once every 15 minutes. Each facility
must demonstrate compliance by either
conducting a performance test or
submitting the results of a previous
performance test conducted using the
methods and procedures in the
proposed NESHAP. Because both the
continuous and noncontinuous
monitoring methods required by the
proposed NESHAP would provide
periodic monitoring, title V would not
add any monitoring to the proposed
NESHAP.
We also considered the extent to
which title V could enhance compliance
through recordkeeping or reporting
requirements, including title V
requirements for a 6-month monitoring
report, deviation reports, and an annual
compliance certification in 40 CFR 70.6
and 71.6. Records are required to
demonstrate compliance. Plants also
would be required to comply with the
testing, monitoring, recordkeeping, and
reporting requirements in the part 60
General Provisions (40 CFR part 60,
subpart A). The information required in
the proposed NESHAP is similar to the
information that must be provided in
the deviation reports and semiannual
monitoring reports required under 40
CFR 70.6(a)(3) and 40 CFR 71.6(a)(3).
The proposed NESHAP does not
require an annual compliance
certification report, which is a
requirement of a title V permit. See 40
CFR 70.5(c)(9)(iii) and 40 CFR
71.6(c)(5)(i). EPA believes that the
annual certification reporting
requirement is not necessary because
the quarterly reports are adequate to
ensure compliance for new and existing
sources.
The monitoring, recordkeeping and
reporting requirements in the proposed
NESHAP for the Lead Acid Battery
Manufacturing area source category are
substantially equivalent to such
requirements under title V. Therefore,
we conclude that title V would not
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result in significant improvements to
the compliance requirements we are
proposing for this area source category.
To determine whether title V permits
would add significant compliance
requirements, we also compared the
title V monitoring, recordkeeping, and
reporting requirements to those
requirements in the proposed NESHAP
for Flexible Polyurethane Foam
Production and Fabrication area source
category. The proposed NESHAP does
not contain monitoring or periodic
reporting requirements for facilities that
have already reduced HAP emissions by
complying with the proposed ban on
methylene chloride. These provisions
are not included in the proposed
NESHAP for this area source category
because the discontinued use of
methylene chloride would reduce urban
HAP emissions without the need for
continuous or periodic monitoring of
equipment or operations. For slabstock
foam plants still using methylene
chloride, the proposed NESHAP
requires the same monitoring that must
be performed by major sources.
Therefore, title V would not add any
monitoring to the proposed NESHAP.
We also considered the extent to
which title V could enhance compliance
for area sources through recordkeeping
or reporting requirements, including
title V requirements for a 6-month
monitoring report, deviation reports,
and an annual compliance certification
in 40 CFR 70.6 and 71.6. The proposed
NESHAP requires foam plants that have
discontinued the use of methylene
chloride to certify compliance with the
prohibition on methylene chloride. For
slabstock foam plants still using
methylene chloride, the proposed
NESHAP requires the same
recordkeeping or reporting that must be
performed by major sources. The
information required in the proposed
reports and records is similar to the
information that must be provided in
the deviation reports and required
under 40 CFR 70.6(a)(3) and 40 CFR
71.6(a)(3).
The proposed NESHAP requires a
report if a deviation occurs, but does not
require periodic compliance reports.
The addition of periodic reports for
sources that are not subject to
monitoring requirements would not
result in significant improvements to
the compliance requirements we are
proposing for this area source category.
The proposed NESHAP does not
require an annual compliance
certification report, which is a
requirement of a title V permit. See 40
CFR 70.5(c)(9)(iii) and 40 CFR
71.6(c)(5)(i). EPA believes that the
annual certification reporting
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16655
requirement is not necessary because
the deviation reports are adequate to
ensure compliance for new and existing
sources.
To determine whether title V permits
would add significant compliance
requirements, we also compared the
title V monitoring, recordkeeping, and
reporting requirements to those
requirements in the proposed NESHAP
for the Wood Preserving area source
category. EPA determined that the good
management practices currently used at
most facilities during the application of
wood preservatives is GACT for this
source category. The rule proposes to
require recordkeeping and deviation
reporting to ensure compliance with the
NESHAP. Given the nature of the
management practices proposed for this
source category, we believe that the
recordkeeping and reporting
requirements in the rule are sufficient to
ensure compliance and find that
additional monitoring is not necessary
in this instance. The proposed NESHAP
does not contain monitoring or periodic
reporting requirements because the
facilities have reduced HAP emissions
by using good management practices as
part of their standard method of
operation.
The management practices would
reduce urban HAP emissions without
the need for continuous monitoring of
equipment or operations. Therefore, title
V would not add any monitoring to the
proposed NESHAP. We also considered
the extent to which title V could
enhance compliance for area sources
through recordkeeping or reporting
requirements, including title V
requirements for a 6-month monitoring
report, deviation reports, and an annual
compliance certification in 40 CFR 70.6
and 71.6.
The proposed NESHAP also requires
wood preserving plants to certify
compliance with the management
practices identified as GACT. In
addition, wood preserving plants must
maintain records showing compliance
with the required management practices
in the proposed NESHAP and report
deviations. The information required in
the proposed reports and records is
similar to the information that must be
provided in the deviation reports and
required under 40 CFR 70.6(a)(3) and 40
CFR 71.6(a)(3). We have determined that
title V would not enhance compliance
for area sources through additional
recordkeeping or reporting
requirements.
The second factor we considered is
whether title V permitting would
impose significant burdens on these
area sources and whether that burden
would be aggravated by any difficulty
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these sources may have in obtaining
assistance from permitting agencies. The
information collection request (ICR) for
parts 70 and 71 describes the title V
burdens and costs in the aggregate, and
although they do not focus on area
sources, they do describe the various
activities undertaken by title V sources,
including area sources, so many of the
same burdens and costs described in the
ICR will also apply to area sources.
Some examples of this burden include
reading and understanding permit
program guidance and regulations,
completing the permit application,
preparing and submitting applications
for permit revisions every 5 years, and
paying permit fees. We believe that this
cost is a significant burden for these
area sources.
The third factor we considered is
whether the costs of title V permitting
for these area sources would be
justified, taking into consideration any
potential gains in compliance likely to
occur for such sources. Based on our
consideration of factor 1 (described
above) and factor 4 (described below),
we did not identify potential gain in
compliance from title V permitting.
Therefore, we conclude that the costs of
title V permitting for these area source
categories are not justified.
The fourth factor we considered is
whether there are implementation and
enforcement programs in place that are
sufficient to assure compliance with
these NESHAP without relying on title
V permits. A conclusion that these
criteria can be met would support a
conclusion that title V permitting is
‘‘unnecessary’’ for these area sources.
See 70 FR 15254. There are State
programs in place to enforce these area
source NESHAP. We believe that these
programs are sufficient to assure
compliance with these NESHAP. In
addition, EPA retains authority to
enforce these NESHAP anytime under
CAA sections 112, 113 and 114. In light
of the above, we conclude that title V
permitting is ‘‘unnecessary’’ to assure
compliance with these NESHAP
because the statutory requirements for
implementation and enforcement of
these NESHAP by the delegated States
and EPA are sufficient to assure
compliance with these area source
NESHAP, in all parts of the U.S.,
without title V permits. In addition,
small business assistance programs
required by CAA section 507 may be
used to assist area sources that have
been exempted from title V permitting.
Also, States and EPA often conduct
voluntary compliance assistance,
outreach, and education programs
(compliance assistance programs),
which are not required by statute. These
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additional programs supplement and
enhance the success of compliance with
these area source NESHAP. In light of
all of the above, we conclude that there
are implementation and enforcement
programs in place that are sufficient to
assure compliance with these NESHAP
without relying on title V permitting.
In addition to evaluating whether
compliance with title V requirements is
‘‘unnecessarily burdensome’’, EPA also
considered, consistent with guidance
provided by the legislative history of
section 502(a), whether exempting these
area source categories from title V
requirements would adversely affect
public health, welfare, or the
environment. Exemption of these area
source categories from title V
requirements would not adversely affect
public health, welfare, or the
environment because the level of
control would remain the same if a
permit were required. Therefore, we
conclude that exempting these area
sources from title V permitting
requirements in these proposed rules
would not adversely affect public
health, welfare, or the environment.
One of the primary purposes of the
title V permitting program is to clarify,
in a single document, the various and
sometimes complex regulations that
apply to sources in order to improve
understanding of these requirements
and to help sources to achieve
compliance with the requirements. In
this case, however, we do not believe
that a title V permit is necessary for us
to understand the requirements
applicable to these area sources. This
proposal would add new requirements
to the NESHAP for new area sources.
We have determined that the current
requirements for existing area sources
reflect GACT and thus adopted them in
the proposed rules for existing sources.
Furthermore, we do not find the
requirements for existing sources to be
very complicated to understand or
implement. For these reasons, we do not
find that title V permitting is necessary
to improve understanding of and
achieve compliance with these
standards.
Based on the above analysis, we
conclude that title V permitting would
be ‘‘unnecessarily burdensome’’ for the
acrylic and modacrylic fibers
production, flexible polyurethane foam
production and fabrication, lead acid
battery manufacturing, and wood
preserving area source categories. We
are, therefore, proposing that these area
source categories be exempt from title V
permitting requirements.
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X. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Review
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is a
‘‘significant regulatory action’’ because
it may raise novel legal or policy issues.
Accordingly, EPA submitted this action
to OMB for review under Executive
Order 12866, and any changes made in
response to OMB recommendations
have been documented in the docket for
this action.
B. Paperwork Reduction Act
The information requirements in the
proposed NESHAP for Acrylic and
Modacrylic Fibers Production Area
Sources, Carbon Black Production Area
Sources, Chemical Manufacturing:
Chromium Compounds Area Sources,
Flexible Polyurethane Foam Production
and Fabrication Area Sources, Lead
Acid Battery Manufacturing Area
Sources, and Wood Preserving Area
Sources have been submitted for
approval to OMB under the Paperwork
Reduction Act, 44 U.S.C. 3501 et seq.
The ICR document prepared by EPA has
been assigned EPA ICR number 2256.01.
The recordkeeping and reporting
requirements in the proposed rules are
based on the existing permit
requirements as well as the information
collection requirements in the part 63
General Provisions (40 CFR part 63,
subpart A). The recordkeeping and
reporting requirements in the General
Provisions are mandatory pursuant to
section 114 of the CAA (42 U.S.C. 7414).
All information submitted to EPA
pursuant to the information collection
requirements for which a claim of
confidentiality is made is safeguarded
according to CAA section 114(c) and the
Agency’s implementing regulations at
40 CFR part 2, subpart B.
The proposed information collection
requirements for acrylic and modacrylic
fibers production are the same as the
requirements that are in the current
State operating permit for the one
existing source. The only new
information collection requirements that
would apply to this area source would
consist of initial notifications and an
SSM plan. Any new acrylic and
modacrylic fibers production area
source would be subject to all
information collection requirements in
the part 63 General Provisions.
The annual burden for this
information collection averaged over the
first 3 years of this ICR is estimated to
total 9 labor hours per year at a cost of
$780 for the one existing acrylic and
modacrylic fibers area source. No
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capital/startup costs or operation and
maintenance costs are associated with
the proposed requirements. No costs or
burden hours are estimated for new
acrylic and modacrylic fibers
production area sources because no new
area sources are estimated during the
next 3 years.
The proposed NESHAP for carbon
black production area sources includes
testing, monitoring, recordkeeping, and
reporting requirements equivalent to
current requirements applicable to the
existing area source carbon black
production facility. The only new
information collection requirements that
would apply to this area source would
consist of initial notifications and SSM
plans. Any new carbon black
production area source would be subject
to all information collection
requirements in the part 63 General
Provisions.
The annual burden for this
information collection averaged over the
first 3 years of this ICR is estimated to
total 9 labor hours per year at a cost of
$780 for the one existing carbon black
production area source. No capital/
startup costs or operation and
maintenance costs are associated with
the proposed requirements. No costs or
burden hours are estimated for new
carbon black production area sources
because no new sources are estimated
during the next 3 years.
The proposed PM testing, monitoring,
recordkeeping, and reporting
requirements for existing chromium
compounds manufacturing area sources
are the same as the requirements that
are in the current title V operating
permit for the two existing facilities.
The only new information collection
requirements that would apply to these
area sources would consist of initial
notifications, SSM plans, and control
device inspections at one plant. Any
new chromium compounds
manufacturing area source would be
subject to all information collection
requirements in the part 63 General
Provisions.
The annual burden for this
information collection averaged over the
first 3 years of this ICR is estimated to
total 194 labor hours per year at a cost
of $16,409 for the two existing
chromium compounds manufacturing
area sources. No capital/startup costs or
operation and maintenance costs are
associated with the proposed
requirements. No costs or burden hours
are estimated for new chromium
compounds manufacturing area sources
because no new area sources are
estimated during the next 3 years.
The proposed NESHAP for flexible
polyurethane foam production and
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fabrication operations area sources
requires a one-time notification by slab
stock foam facilities that they do not use
methylene chloride and records
documenting that they do not use
methylene chloride. One plant that uses
methylene chloride would be subject to
additional reporting requirements.
The annual burden for this
information collection averaged over the
first 3 years of this ICR is estimated to
total 835 labor hours per year at a cost
of $70,686 for the 500 or more existing
flexible foam fabrication and production
area sources. No capital/startup costs or
operation and maintenance costs are
associated with the proposed
requirements. No costs or burden hours
are estimated for new flexible foam
production or fabrication area sources
because no new sources are estimated
during the next 3 years.
The proposed PM testing, monitoring,
recordkeeping, and reporting
requirements for new and existing lead
acid battery manufacturing area sources
are the same as the requirements that
are in the NSPS (40 CFR part 60, subpart
KK). In addition, new information
collection requirements that would
apply to these area sources would
consist of either an initial performance
test or submission of the results of a
previous performance test and the
requirements in the part 63 General
Provisions for initial notifications.
The annual burden for this
information collection averaged over the
first 3 years of this ICR is estimated to
total 675 labor hours per year at a cost
of $57,147 for the 58 existing lead acid
battery manufacturing area sources. No
capital/startup costs or operation and
maintenance costs are associated with
the proposed requirements. No costs or
burden hours are estimated for new lead
acid battery manufacturing area sources
because no new sources are estimated
during the next 3 years.
The proposed NESHAP for wood
preserving area sources does not include
testing, monitoring, or recordkeeping
requirements because they are subject to
management practices. The only new
information collection requirements that
would apply to these existing area
sources would consist of initial
notifications and records demonstrating
compliance with the management
practice requirements.
The annual burden for this
information collection averaged over the
first 3 years of this ICR is estimated to
total 1,055 labor hours per year at a cost
of $89,324 for approximately 400
existing wood preserving area sources.
No capital/startup costs or operation
and maintenance costs are associated
with the proposed requirements. No
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16657
costs or burden hours are estimated for
new wood preserving area sources
because no new sources are estimated
during the next 3 years.
Burden means the total time, effort, or
financial resources expended by persons
to generate, maintain, retain, disclose, or
provide information to or for a Federal
agency. This includes the time needed
to review instructions; develop, acquire,
install, and utilize technology and
systems for the purposes of collecting,
validating, and verifying information,
processing and maintaining
information, and disclosing and
providing information; adjust the
existing ways to comply with any
previously applicable instructions and
requirements; train personnel to be able
to respond to a collection of
information; search data sources;
complete and review the collection of
information; and transmit or otherwise
disclose the information.
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a currently valid OMB
control number. The OMB control
numbers for EPA’s regulations in 40
CFR part 63 are listed in 40 CFR part 9.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
generally requires an agency to prepare
a regulatory flexibility analysis of any
rule subject to notice and comment
rulemaking requirements under the
Administrative Procedure Act or any
other statute unless the agency certifies
that the rule would not have a
significant economic impact on a
substantial number of small entities.
Small entities include small businesses,
small not-for-profit enterprises, and
small governmental jurisdictions.
For the purposes of assessing the
impacts of the proposed area source
NESHAP on small entities, small entity
is defined as: (1) A small business that
meets the Small Business
Administration size standards for small
businesses found at 13 CFR 121.201
(less than 1,000 employees for acrylic
and modacrylic fiber production and
chromium compounds manufacturing
and less than 500 employees for carbon
black production, flexible polyurethane
foam production and fabrication, leadacid battery manufacturing, and wood
preserving); (2) a small governmental
jurisdiction that is a government of a
city, county, town, school district, or
special district with a population of less
than 50,000; and (3) a small
organization that is any not-for-profit
enterprise which is independently
owned and operated and is not
dominant in its field.
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After considering the economic
impacts of the proposed rules on small
entities, I certify that this action will not
have a significant economic impact on
a substantial number of small entities.
There would not be adverse impacts on
existing area sources in any of the seven
source categories because the proposed
rules do not create any new
requirements or burdens for existing
sources other than minimal notification
requirements.
Although the proposed NESHAP
contain emissions control requirements
for new area sources in all seven source
categories, we are not specifically aware
of any new sources being constructed
now or planned in the next 3 years, and
consequently, we did not estimate any
impacts for new sources.
We continue to be interested in the
potential impacts of the proposed action
on small entities and welcome
comments on issues related to such
impacts.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA), Pub. L.
104–4, establishes requirements for
Federal agencies to assess the effects of
their regulatory actions on State, local,
and tribal governments and the private
sector. Under section 202 of the UMRA,
EPA generally must prepare a written
statement, including a cost-benefit
analysis, for proposed and final rules
with ‘‘Federal mandates’’ that may
result in expenditures by State, local,
and tribal governments, in the aggregate,
or to the private sector, of $100 million
or more in any 1 year. Before
promulgating an EPA rule for which a
written statement is needed, section 205
of the UMRA generally requires EPA to
identify and consider a reasonable
number of regulatory alternatives and
adopt the least costly, most 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
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to have meaningful and timely input in
the development of EPA regulatory
proposals with significant Federal
intergovernmental mandates, and
informing, educating, and advising
small governments on compliance with
the regulatory requirements.
EPA has determined that the
proposed rules do not contain a Federal
mandate that may result in expenditures
of $100 million or more for State, local,
and tribal governments, in the aggregate,
or the private sector in any one year.
Thus, the proposed rules are not subject
to the requirements of sections 202 and
205 of the UMRA. In addition, the
proposed rules do not significantly or
uniquely affect small governments. The
proposed rules contain no requirements
that apply to such governments, impose
no obligations upon them, and would
not result in expenditures by them of
$100 million or more in any one year or
any disproportionate impacts on them.
Therefore, the proposed rules are not
subject to section 203 of the UMRA.
E. Executive Order 13132: Federalism
Executive Order 13132 (64 FR 43255,
August 10, 1999) requires EPA to
develop an accountable process to
ensure ‘‘meaningful and timely input by
State and local officials in the
development of regulatory policies that
have federalism implications.’’ ‘‘Policies
that have federalism implications’’ are
defined in the Executive Order to
include regulations that have
‘‘substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.’’
The proposed rules do not have
federalism implications. They would
not have substantial direct effects on the
States, on the relationship between the
national government and the States, or
on the distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132. The proposed
rules impose requirements on owners
and operators of specified area sources
and not State and local governments.
Thus, Executive Order 13132 does not
apply to the proposed rules.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
Executive Order 13175 (65 FR 67249,
November 6, 2000), requires EPA to
develop an accountable process to
ensure ‘‘meaningful and timely input by
tribal officials in the development of
regulatory policies that have tribal
implications.’’ The proposed rules do
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not have tribal implications, as specified
in Executive Order 13175. They would
not have substantial direct effects on
tribal governments, on the relationship
between the Federal government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal government and Indian tribes,
as specified in Executive Order 13175.
The proposed rules impose
requirements on owners and operators
of specified area sources and not tribal
governments. Thus, Executive Order
13175 does not apply to the proposed
rules.
G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
Executive Order 13045, ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997) applies to any rule that:
(1) Is determined to be ‘‘economically
significant’’ as defined under Executive
Order 12866, and (2) concerns an
environmental health or safety risk that
EPA has reason to believe may have a
disproportionate effect on children. If
the regulatory action meets both criteria,
EPA must evaluate the environmental
health or safety effects of the planned
rule on children, and explain why the
planned regulation is preferable to other
potentially effective and reasonably
feasible alternatives considered by the
Agency. EPA interprets Executive Order
13045 as applying to those regulatory
actions that concern health or safety
risks, such that the analysis required
under section 5–501 of the Executive
Order has the potential to influence the
regulation. These proposed rules are not
subject to the Executive Order 13045
because they are based solely on
technology performance.
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
The proposed rules are not a
‘‘significant energy action’’ as defined in
Executive Order 13211 (66 FR 28355,
May 22, 2001) because they are not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. Further, we have concluded that
these proposed rules are not likely to
have any adverse energy effects because
energy requirements would remain at
existing levels. No additional pollution
controls or other equipment that would
consume energy are required by the
proposed rules.
I. National Technology Transfer
Advancement Act
Section 12(d) of the National
Technology Transfer and Advancement
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Act (NTTAA) of 1995 (Pub. L. 104–113,
Section 12(d), 15 U.S.C. 272 note)
directs EPA to use voluntary consensus
standards (VCS) in its regulatory
activities, unless to do so would be
inconsistent with applicable law or
otherwise impractical. The VCS are
technical standards (e.g., materials
specifications, test methods, sampling
procedures, and business practices) that
are developed or adopted by VCS
bodies. The NTTAA directs EPA to
provide Congress, through OMB,
explanations when the Agency does not
use available and applicable VCS.
The proposed rules involve technical
standards. The EPA cites the following
standards: EPA Methods 1, 1A, 2, 2A,
2C, 2D, 2F, 2G, 3, 3A, 3B, 4, 5, 5D, 9,
or 22 in 40 CFR part 60, appendix A.
The method ASME PTC 19.10–1981,
‘‘Flue and Exhaust Gas Analyses,’’
(incorporated by reference-see 40 CFR
63.14) is cited in this proposed rule for
its manual method for measuring the
oxygen, carbon dioxide, and carbon
monoxide content of the exhaust gas.
This part of ASME PTC 19.10–1981 is
an acceptable alternative to EPA Method
3B. This ASTM method is a VCS.
Consistent with the NTTAA, EPA
conducted searches to identify VCS in
addition to these EPA methods. No
applicable VCS were identified for EPA
Methods 1A, 2A, 2D, 2F, 2G, 5D, 9, or
22. The search and review results are in
the docket for these proposed rules.
The search for emissions
measurement procedures identified 12
other VCS. The EPA determined that
these 12 standards identified for
measuring emissions of the HAP or
surrogates subject to emissions
standards in these proposed rules were
impractical alternatives to EPA test
methods. Therefore, EPA does not
intend to adopt these standards for this
purpose. The reasons for the
determinations for the 12 methods
discussed in a memorandum included
in the docket for these proposed rules.
For the methods required or
referenced by these proposed rules, a
source may apply to EPA for permission
to use alternative test methods or
alternative monitoring requirements in
place of any required testing methods,
performance specifications, or
procedures under § 63.7(f) and § 63.8(f)
of subpart A of the General Provisions.
J. Executive Order 12898: Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order 12898 (59 FR 7629,
February 16, 1994) establishes Federal
executive policy on environmental
justice. Its main provision directs
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Federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States.
EPA has determined that these
proposed rules will not have
disproportionately high and adverse
human health or environmental effects
on minority or low-income populations
because it increases the level of
environmental protection for all affected
populations without having any
disproportionately high and adverse
human health or environmental effects
on any population, including any
minority or low-income population.
These proposed rules establish national
standards for each area source category.
List of Subjects in 40 CFR Part 63
Environmental protection, Air
pollution control, Hazardous
substances, Incorporations by reference,
Reporting and recordkeeping
requirements.
Dated: March 22, 2007.
Stephen L. Johnson,
Administrator.
PART 63—[AMENDED]
1. The authority citation for part 63
continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart A—[Amended]
2. Section 63.14 is amended by
revising paragraph (i)(1) to read as
follows:
Incorporations by reference.
*
*
*
*
*
(i) * * *
(1) ANSI/ASME PTC 19.10–1981,
‘‘Flue and Exhaust Gas Analyses [Part
10, Instruments and Apparatus],’’ IBR
approved for §§ 63.309(k)(1)(iii),
63.865(b), 63.3166(a)(3),
63.3360(e)(1)(iii), 63.3545(a)(3),
63.3555(a)(3), 63.4166(a)(3),
63.4362(a)(3), 63.4766(a)(3),
63.4965(a)(3), 63.5160(d)(1)(iii),
63.9307(c)(2), 63.9323(a)(3),
63.11148(e)(3)(iii), 63.11155(e)(3),
63.11162(f)(3)(iii) and (f)(4),
63.11163(g)(1)(iii) and (g)(2),
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63.11410(j)(1)(iii), and Table 5 of
subpart DDDDD of this part.
*
*
*
*
*
3. Part 63 is amended by adding
subpart LLLLLL to read as follows:
Subpart LLLLLL—National Emission
Standards for Hazardous Air Pollutants
for Acrylic and Modacrylic Fibers
Production Area Sources
Sec.
Applicability and Compliance Dates
63.11393
63.11394
Am I subject to this subpart?
What are my compliance dates?
Standards and Compliance Requirements
63.11395 What are the standards and
compliance requirements for existing
sources?
63.11396 What are the standards and
compliance requirements for new
sources?
Other Requirements and Information
63.11397 What General Provisions apply to
this subpart?
63.11398 What definitions apply to this
subpart?
63.11399 Who implements and enforces
this subpart?
Table 1 to Subpart LLLLLL of Part 63—
Applicability of General Provisions to
Subpart LLLLLL
Applicability and Compliance Dates
For the reasons stated in the
preamble, title 40, chapter I, part 63 of
the Code of Federal Regulations is
proposed to be amended as follows:
§ 63.14
16659
§ 63.11393
Am I subject to this subpart?
(a) You are subject to this subpart if
you own or operate an acrylic or
modacrylic fiber production plant that
is an area source of hazardous air
pollutant (HAP) emissions.
(b) This subpart applies to each new
or existing affected source. The affected
source is each acrylic or modacrylic
fiber plant.
(1) An affected source is existing if
you commenced construction or
reconstruction of the affected source
before April 4, 2007.
(2) An affected source is new if you
commenced construction or
reconstruction of the affected source on
or after April 4, 2007.
(c) This subpart does not apply to
research and development facilities, as
defined in section 112(c)(7) of the Clean
Air Act (CAA).
(d) You are exempt from the
obligation to obtain a permit under 40
CFR part 70 or 40 CFR part 71, provided
you are not otherwise required by law
to obtain a permit under 40 CFR 70.3(a)
or 40 CFR 71.3(a). Notwithstanding the
previous sentence, you must continue to
comply with the provisions of this
subpart.
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What are my compliance
(a) If you own or operate an existing
affected source, you must achieve
compliance with the applicable
provisions in this subpart no later than
6 months after the date of publication of
the final rule in the Federal Register.
(b) If you startup a new affected
source on or before the date of
publication of the final rule in the
Federal Register, you must achieve
compliance with the applicable
provisions of this subpart not later than
the date of publication of the final rule
in the Federal Register.
(c) If you startup a new affected
source after the date of publication of
the final rule in the Federal Register,
you must achieve compliance with the
provisions in this subpart upon startup
of your affected source.
Standards and Compliance
Requirements
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§ 63.11395 What are the standards and
compliance requirements for existing
sources?
(a) You must operate and maintain
capture or enclosure systems that collect
the gases and fumes containing AN
released from polymerization process
equipment and monomer recovery
process equipment and convey the
collected gas stream through a closed
vent system to a control device.
(b) You must not discharge to the
atmosphere through any combination of
stacks or other vents captured gases
containing AN in excess of the
emissions limits in paragraphs (b)(1)
and (2) of this paragraph.
(1) 0.2 pounds of AN per hour (lb/hr)
from the control device for
polymerization process equipment.
(2) 0.05 lb/hr of AN from the control
device for monomer recovery process
equipment.
(c) If you use a wet scrubber control
device, you must comply with the
control device parameter operating
limits in paragraphs (c)(1) and (2) of this
section.
(1) You must maintain the daily
average water flow rate to a wet
scrubber used to control polymerization
process equipment at a minimum of 50
liters per minute (l/min). If the water
flow to the wet scrubber ceases, the
polymerization reactor(s) must be shut
down.
(2) You must maintain the daily
average water flow rate to a wet
scrubber used to control monomer
recovery process equipment at a
minimum of 30 l/min.
(d) You must comply with the
requirements of the New Source
Performance Standard for Volatile
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Organic Liquids (40 CFR part 60,
subpart Kb) for vessels that store
acrylonitrile. The provisions in 40 CFR
60.114b do not apply to this subpart.
(e) You must operate continuous
parameter monitoring systems (CPMS)
to measure and record the water flow
rate to a wet scrubber control device for
the polymerization process equipment
and the monomer recovery process
equipment. The CPMS must record the
water flow rate at least every 15 minutes
and determine and record the daily
average water flow rate.
(f) You must determine compliance
with the daily average control device
parameter operating limits for water
flow rate in paragraph (c) of this section
on a monthly basis and submit a
summary report to EPA or the delegated
authority on a quarterly basis. Should
the daily average water flow rate to a
wet scrubber control device for the
polymerization process equipment fall
below 50 l/min or the daily water flow
rate to a wet scrubber control device for
the monomer recovery process
equipment fall below 30 l/min, you
must notify EPA or the delegated
authority in writing within 10 days of
the identification of the exceedance.
(g) You must keep records of each
monthly compliance determination for
the water flow rate operating parameter
limits in a permanent form suitable for
inspection and retain the records for at
least 2 years following the date of each
compliance determination.
(h) You must conduct a performance
test for each control device for
polymerization process equipment and
monomer recovery process equipment
subject to an emissions limit in
paragraph (b) of this section within 180
days of your compliance date and report
the results in your notification of
compliance status. You must conduct
each test according to the requirements
in 40 CFR 63.7 and § 63.1104 of subpart
YY. You are not required to conduct a
performance test if a prior performance
test was conducted using the methods
specified in § 63.1104 of subpart YY and
either no process changes have been
made since the test, or you can
demonstrate that the results of the
performance test, with or without
adjustments, reliably demonstrate
compliance despite process changes.
(i) If you do not use a wet scrubber
control device for the polymerization
process equipment or the monomer
recovery process equipment, you must
submit a monitoring plan to EPA or the
delegated authority for approval. Each
plan must contain the information in
paragraphs (i)(1) through (5) of this
section.
(1) A description of the device;
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(2) Test results collected in
accordance with § 63.1104 of subpart
YY verifying the performance of the
device for reducing AN to the levels
required by this subpart;
(3) Operation and maintenance plan
for the control device (including a
preventative maintenance schedule
consistent with the manufacturer’s
instructions for routine and long-term
maintenance) and continuous
monitoring system.
(4) A list of operating parameters that
will be monitored to maintain
continuous compliance with the
applicable emissions limits; and
(5) Operating parameter limits based
on monitoring data collected during the
performance test.
(j) If you do not operate a monomer
recovery process that removes AN prior
to spinning, you must comply with the
requirements in paragraph (j)(1), (2), or
(3) of this section for each fiber spinning
line that uses a spin dope produced
from either a suspension polymerization
process or solution polymerization
process.
(1) You must reduce the AN
concentration of the spin dope to less
than 100 parts per million by weight
(ppmw); or
(2) You must design and operate a
fiber spinning line enclosure according
to the requirements in § 63.1103(b)(4) of
subpart YY and reduce AN emissions by
85 weight-percent or more by venting
emissions from the enclosure through a
closed vent system to any combination
of control devices meeting the
requirements in § 63.982(a)(2) of subpart
SS; or
(3) You must reduce AN emissions
from the spinning line to less than or
equal to 0.5 pounds of AN per ton (lb/
ton) of acrylic and modacrylic fiber
produced.
§ 63.11396 What are the standards and
compliance requirements for new sources?
(a) You must comply with the
requirements in paragraph (a)(1) or (2)
of this section for each process vent
where the AN concentration of the vent
stream is equal to or greater than 50
parts per million by volume (ppmv) and
the average flow rate is equal to or
greater than 0.005 cubic meters per
minute, as determined by the
applicability and assessment procedures
in § 63.1104 of subpart YY.
(1) You must reduce emissions of AN
by 98 weight-percent or limit the
concentration of AN in the emissions to
no more than 20 ppmv, whichever is
less stringent, by venting emissions
through a closed vent system to any
combination of control devices meeting
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the requirements for process vents in
§ 63.982(a)(2) of subpart SS; or
(2) You must reduce emissions of AN
by using a flare that meets the
requirements of § 63.987 of subpart SS.
(b) You must comply with the
requirements in paragraph (b)(1), (2), or
(3) of this section for each fiber spinning
line that uses a spin dope produced
from either a suspension polymerization
process or solution polymerization
process.
(1) You must reduce the AN
concentration of the spin dope to less
than 100 parts per million by weight
(ppmw); or
(2) You must design and operate a
fiber spinning line enclosure according
to the requirements in § 63.1103(b)(4) of
subpart YY and reduce AN emissions by
85 weight-percent or more by venting
emissions from the enclosure through a
closed vent system to any combination
of control devices meeting the
requirements in § 63.982(a)(2) of subpart
SS; or
(3) You must reduce AN emissions
from the spinning line to less than or
equal to 0.5 pounds of AN per ton (lb/
ton) of acrylic and modacrylic fiber
produced.
(c) You must comply with the
requirements for storage vessels holding
acrylonitrile as shown in Table 2 to
§ 63.1103(b)(3)(i) of subpart YY.
(d) You must comply with the
requirements for equipment that
contains or contacts 10 percent by
weight or more of AN and operates 300
hours per year as shown in Table 2 to
§ 63.1103(b)(3)(i) of subpart YY.
(e) You must comply with the
requirements for process wastewater
and maintenance wastewater from an
acrylic and modacrylic fiber production
process as shown in Table 2 to
§ 63.1103(b)(3)(i) of subpart YY.
(f) You must comply with all testing,
monitoring, recordkeeping, and
reporting requirements in subpart SS
(for process vents); subpart SS or WW
(for AN tanks); subpart TT or UU (for
equipment leaks); and subpart G (for
process wastewater and maintenance
wastewater). Only the provisions in
§§ 63.132 through 63.148 and §§ 63.151
through 63.153 of subpart G apply to
this subpart.
(g) If you use a control device other
than a wet scrubber, flare, incinerator,
boiler, process heater, absorber,
condenser, or carbon adsorber, you must
prepare and submit a monitoring plan to
the Administrator for approval. Each
plan must contain the information in
paragraphs (g)(1) through (5) of this
section.
(1) A description of the device;
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(2) Test results collected in
accordance with paragraph (f) of this
section verifying the performance of the
device for reducing AN to the levels
required by this subpart;
(3) Operation and maintenance plan
for the control device (including a
preventative maintenance schedule
consistent with the manufacturer’s
instructions for routine and long-term
maintenance) and continuous
monitoring system.
(4) A list of operating parameters that
will be monitored to maintain
continuous compliance with the
applicable emissions limits; and
(5) Operating parameter limits based
on monitoring data collected during the
performance test.
Other Requirements and Information
§ 63.11397 What General Provisions apply
to this subpart?
(a) You must meet the requirements of
the General Provisions in 40 CFR part
63, subpart A, as shown in Table 1 to
this subpart.
(b) If you own or operate an existing
affected source, your notification of
compliance status required by § 63.9(h)
must include the following information:
(1) This certification of compliance,
signed by a responsible official, for the
standards in § 63.11395(a): ‘‘This facility
complies with the management
practices required in § 63.11395(a) for
operation of capture systems for
polymerization process equipment and
monomer recovery process equipment.’’
(2) This certification of compliance,
signed by a responsible official, for the
emissions limits in § 63.11395(b): ‘‘This
facility complies with the emissions
limits in § 63.11395(b) for control
devices serving the polymerization
process equipment and monomer
recovery process equipment based on
previous performance tests in
accordance with § 63.11395(h).’’ If you
conduct a performance test to
demonstrate compliance, you must
include the results of the performance
test.
(3) This certification of compliance,
signed by a responsible official, for the
standards for storage tanks in
§ 63.11396(d): ‘‘This facility complies
with the requirements of 40 CFR part
60, subpart Kb for each tank that stores
acrylonitrile.’’
(4) This certification of compliance,
signed by a responsible official, for the
requirement in Table 1 to subpart
LLLLLL for preparation of a startup,
shutdown, and malfunction plan: ‘‘This
facility has prepared a startup,
shutdown, and malfunction plan in
accordance with the requirements of 40
CFR 63.6(e)(3).’’
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16661
(c) If you own or operate a new
affected source, your notification of
compliance status required by § 63.9(h)
must include:
(1) The results of the initial
performance test or compliance
demonstration for each process vent
(including closed vent system and
control device, flare, or recovery
device), fiber spinning line, AN storage
tank, equipment, and wastewater stream
subject to this subpart.
(2) This certification of compliance,
signed by a responsible official, for the
applicable emissions limit in
§ 63.11396(a) for process vents: ‘‘This
facility complies with the emissions
limits in § 63.11396(a) for each process
vent subject to control.’’
(3) This certification of compliance,
signed by a responsible official, for the
applicable emissions limit in
§ 63.11396(b) for each fiber spinning
line: ‘‘This facility complies with the
emissions limit and/or management
practice requirements in
§ 63.11396(b)(1), (2), or (3) for each fiber
spinning line.’’
(4) This certification of compliance,
signed by a responsible official, for the
storage tank requirements in
§ 63.11396(c): ‘‘This facility complies
with the requirements for storage
vessels holding acrylonitrile as shown
in Table 2 to § 63.1103(b)(3)(i) of
subpart YY.’’
(5) This certification of compliance,
signed by a responsible official, for the
equipment leak requirements in
§ 63.11396(d): ‘‘This facility complies
with the requirements for all equipment
that contains or contacts 10 percent by
weight or more of AN and operates 300
hours per year or more as shown in
Table 2 to § 63.1103(b)(3)(i) of subpart
YY.’’
(6) This certification of compliance,
signed by a responsible official, for the
process wastewater and maintenance
wastewater requirements in
§ 63.11396(e): ‘‘This facility complies
with the requirements in Table 2 to
§ 63.1103(b)(3)(i) of subpart YY for each
process wastewater stream and each
maintenance wastewater stream.’’
(d) If you own or operate a new
affected source, you must report any
deviation from the requirements of this
subpart in the semiannual report
required by 40 CFR 63.10(e)(3).
§ 63.11398
subpart?
What definitions apply to this
Acrylic fiber means a manufactured
synthetic fiber in which the fiberforming substance is any long-chain
synthetic polymer composed of at least
85 percent by weight of acrylonitrile
units.
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Federal Register / Vol. 72, No. 64 / Wednesday, April 4, 2007 / Proposed Rules
Acrylic and modacrylic fibers
production means the production of
either of the following synthetic fibers
composed of acrylonitrile units: acrylic
fiber or modacrylic fiber.
Acrylonitrile solution polymerization
means a process where acrylonitrile and
comonomers are dissolved in a solvent
to form a polymer solution (typically
polyacrylonitrile). The polyacrylonitrile
is soluble in the solvent. In contrast to
suspension polymerization, the
resulting reactor polymer solution (spin
dope) is filtered and pumped directly to
the fiber spinning process.
Acrylonitrile suspension
polymerization means a polymerization
process where small drops of
acrylonitrile and comonomers are
suspended in water in the presence of
a catalyst where they polymerize under
agitation. Solid beads of polymer are
formed in this suspension reaction
which are subsequently filtered,
washed, refiltered, and dried. The beads
must be subsequently redissolved in a
solvent to create a spin dope prior to
introduction to the fiber spinning
process.
Deviation means any instance in
which an affected source subject to this
subpart, or an owner or operator of such
a source:
(1) Fails to meet any requirement or
obligation established by this subpart,
including but not limited to any
emissions limitation or management
practice;
(2) Fails to meet any term or condition
that is adopted to implement an
applicable requirement in this subpart
and that is included in the operating
permit for any affected source required
to obtain such a permit; or
(3) Fails to meet any emissions
limitation or management practice in
this subpart during startup, shutdown,
or malfunction, regardless of whether or
not such failure is permitted by this
subpart.
Equipment means each of the
following that is subject to this subpart:
Pump, compressor, agitator, pressure
relief device, sampling collection
system, open-ended valve or line, valve
connector, instrumentation system in
organic HAP service which contains or
contacts greater than 10 percent by
weight of acrylonitrile and operates
more than 300 hours per year.
Fiber spinning line means the group
of equipment and process vents
associated with acrylic or modacrylic
fiber spinning operations. The fiber
spinning line includes (as applicable to
the type of spinning process used) the
blending and dissolving tanks, spinning
solution filters, wet spinning units, spin
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bath tanks, and the equipment used
downstream of the spin bath to wash,
dry, or draw the spun fiber.
Maintenance wastewater means
wastewater generated by the draining of
process fluid from components in the
process unit, whose primary product is
a product produced by a source category
subject to this subpart, into an
individual drain system prior to or
during maintenance activities.
Maintenance wastewater can be
generated during planned and
unplanned shutdowns and during
periods not associated with a shutdown.
Examples of activities that can generate
maintenance wastewaters include
descaling of heat exchanger tubing
bundles, cleaning of distillation column
traps, draining of low legs and high
point bleeds, draining of pumps into an
individual drain system, and draining of
portions of the process unit, whose
primary product is a product produced
by a source category subject to this
subpart, for repair.
Modacrylic fiber means a
manufactured synthetic fiber in which
the fiber-forming substance is any longchain synthetic polymer composed of at
least 35 percent by weight of
acrylonitrile units but less than 85
percent by weight of acrylonitrile units.
Monomer recovery process equipment
means the collection of process units
and associated process equipment used
to reclaim the monomer for subsequent
reuse, including but not limited to
polymer holding tanks, polymer buffer
tanks, monomer vacuum pump flush
drum, and drum filter vacuum pump
flush drum.
Polymerization process equipment
means the collection of process units
and associated process equipment used
in the acrylonitrile polymerization
process prior to the fiber spinning line,
including but not limited to
acrylonitrile storage tanks, recovered
monomer tanks, monomer measuring
tanks, monomer preparation tanks,
monomer feed tanks, slurry receiver
tanks, polymerization reactors, and
drum filters.
Process vent means the point of
discharge to the atmosphere (or point of
entry into a control device, if any) of a
gas stream from the acrylic and
modacrylic fibers production process.
Process wastewater means
wastewater, which during
manufacturing or processing, comes into
direct contact with or results from the
production of use of any raw material,
intermediate product, finished product,
by-product, or waste product.
Responsible official means
responsible official as defined at 40 CFR
70.2.
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Spin dope means the liquid mixture
of polymer and solvent that is fed to the
spinneret to form the acrylic and
modacrylic fibers.
Wastewater means process
wastewater that:
(1) Contains either an annual
concentration of organic hazardous air
pollutants listed in Table 9 to subpart G
of at least 5 parts per million by weight
at the point of determination and has an
annual average flow rate of 0.02 liter per
minute, or contains an annual average
concentration of organic hazardous air
pollutants listed in Table 9 to subpart G
of at least 10,000 parts per million by
weight at the point of determination at
any flow rate; and
(2) Is discarded from a polymerization
production process, monomer recovery
process, or other production operation.
§ 63.11399 Who implements and enforces
this subpart?
(a) This subpart can be implemented
and enforced by the U.S. EPA or a
delegated authority such as a State,
local, or tribal agency. If the U.S. EPA
Administrator has delegated authority to
a State, local, or tribal agency pursuant
to 40 CFR subpart E, then that Agency
has the authority to implement and
enforce this subpart. You should contact
your U.S. EPA Regional Office to find
out if this subpart is delegated to a State,
local, or tribal agency within your State.
(b) In delegating implementation and
enforcement authority of this subpart to
a State, local, or tribal agency under 40
CFR part 63, subpart E, the approval
authorities contained in paragraphs
(b)(1) through (4) of this section are
retained by the Administrator of the
U.S. EPA and are not transferred to the
State, local, or tribal agency.
(1) Approval of an alternative nonopacity emissions standard under
§ 63.6(g).
(2) Approval of a major change to a
test method under § 63.7(e)(2)(ii) and (f).
A ‘‘major change to test method’’ is
defined in § 63.90.
(3) Approval of a major change to
monitoring under § 63.8(f). A ‘‘major
change to monitoring’’ is defined in
§ 63.90.
(4) Approval of a major change to
recordkeeping/reporting under
§ 63.10(f). A ‘‘major change to
recordkeeping/reporting’’ is defined in
§ 63.90.
As required in § 63.11397(a), you
must comply with the requirements of
the NESHAP General Provisions (40
CFR part 63, subpart A) as shown in the
following table.
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16663
TABLE 1 TO SUBPART LLLLLL OF PART 63.—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART LLLLLL
Applies to subpart
LLLLLL?
Citation
Subject
63.1(a)(1), (a)(2), (a)(3),
(a)(4), (a)(6), (a)(10)–
(a)(12) (b)(1), (b)(3),
(c)(1), (c)(2), (c)(5), (e).
63.1(a)(5), (a)(7)–(a)(9),
(b)(2), (c)(3), (c)(4), (d).
63.2 ......................................
63.3 ......................................
63.4 ......................................
Applicability ..........................
Yes.
Reserved .............................
No.
Definitions ............................
Units and Abbreviations ......
Prohibited Activities and Circumvention.
Preconstruction Review and
Notification Requirements.
Compliance with Standards
and Maintenance Requirements.
Yes.
Yes.
Yes.
Reserved .............................
No.
..............................................
No ...............................
63.7(a), (e), (f), (g), (h) ........
Performance Testing Requirements.
Yes/No ........................
63.7(b), (c) ...........................
..............................................
Yes/No ........................
63.8(a)(1), (a)(2), (b), (c)(1)–
(c)(3), (f)(1)–(5).
63.8(a)(3) .............................
63.8(a)(4) .............................
Monitoring Requirements ....
Yes.
Reserved .............................
..............................................
No.
Yes .............................
63.8(c)(4)–(c)(8), (d), (e),
(f)(6), (g).
63.9(a), (b)(1), (b)(5), (c),
(d), (i), (j).
63.9(e) ..................................
..............................................
Yes .............................
Notification Requirements ...
Yes.
..............................................
Yes/No ........................
63.9(b)(2) .............................
..............................................
Yes .............................
63.9(b)(3), (h)(4) ..................
63.9(b)(4), (h)(5) ..................
63.9(f), (g) ............................
Reserved .............................
..............................................
..............................................
No.
No.
No ...............................
63.9(h)(1)–(h)(3), (h)(6) .......
..............................................
Yes .............................
63.10(a) ................................
Yes.
(b)(1) ....................................
Recordkeeping Requirements.
..............................................
63.10(b)(2) ...........................
..............................................
Yes .............................
63.10(b)(3) ...........................
..............................................
Yes .............................
63.10(c)(1), (c)(5)–(c)(14) ....
..............................................
Yes/No ........................
63.10(c)(2)–(c)(4), (c)(9) ......
63.10(d)(1), (d)(4), (e)(1),
(e)(2), (f).
63.10(d)(2) ...........................
Reserved .............................
Reporting Requirements ......
No.
Yes.
..............................................
Yes .............................
63.10(d)(3) ...........................
..............................................
No ...............................
63.5 ......................................
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63.6(a), (b)(1)–(b)(5), (b)(7),
(c)(1), (c)(2), (c)(5), (e)(1),
(e)(3)(i), (e)(3)(iii)–
(e)(3)(ix), (f) (g), (i), (j).
63.6(b)(6), (c)(3), (c)(4), (d),
(e)(2), (e)(3)(ii), (h)(3),
(h)(5)(iv).
63.6(h)(1)–(h)(4), (h)(5)(i)–
(h)(5)(iii), (h)(6)–(h)(9).
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Explanation
No.
Yes .............................
Yes/No ........................
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Subpart LLLLLL requires new and existing sources to
comply with requirements for startups, shutdowns, and
malfunctions in § 63.6(e)(3).
Subpart LLLLLL does not include opacity or visible emissions standards or require a continuous opacity monitoring system.
Subpart LLLLLL requires performance tests for new and
existing sources; a test for an existing source is not required if a prior test meets the conditions in
§ 63.11395(h).
Requirements for notification of performance test and for
quality assurance program apply to new sources but
not existing sources.
Requirements apply to new sources if flares are the selected control option.
Requirements apply to new sources but not to existing
sources.
Notification of performance test is required for new area
sources.
Initial notification of applicability is required for new and
existing area sources.
Subpart LLLLLL does not require a continuous opacity
monitoring system or continuous emissions monitoring
system.
Notification of compliance status is required for new and
existing area sources.
Record retention requirement applies to new area
sources but not existing area sources. Subpart LLLLLL
establishes 2-year retention period for existing area
sources.
Recordkeeping requirements for startups, shutdowns,
and malfunctions apply to new and existing area
sources.
Recordkeeping requirements for applicability determinations apply to new area sources.
Recordkeeping requirements for continuous parameter
monitoring systems apply to new sources but not existing sources.
Report of performance test results applies to each area
source required to conduct a performance test.
Subpart LLLLLL does not include opacity or visible emissions limits.
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TABLE 1 TO SUBPART LLLLLL OF PART 63.—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART LLLLLL—Continued
Citation
Subject
Applies to subpart
LLLLLL?
Explanation
63.10(d)(5) ...........................
..............................................
Yes .............................
(e)(1)–(e)(2), (e)(4) ..............
..............................................
No ...............................
63.10(e)(3) ...........................
..............................................
Yes/No ........................
63.11 ....................................
Control Device Requirements.
State Authorities and Delegations.
Addresses ............................
Incorporations by Reference
Availability of Information
and Confidentiality.
Performance Track Provisions.
Yes .............................
Requirements for startup, shutdown, and malfunction reports apply to new and existing area sources.
Subpart LLLLLL does not require a continuous emissions
monitoring system or continuous opacity monitoring
system.
Semiannual reporting requirements for excess emissions
and parameter monitoring exceedances apply to new
area sources but not existing area sources.
Requirements apply to new sources if flares are the selected control option.
63.12 ....................................
63.13 ....................................
63.14 ....................................
63.15 ....................................
63.16 ....................................
4. Part 63 is amended by adding
subpart MMMMMM to read as follows:
Subpart MMMMMM—National
Emission Standards for Hazardous Air
Pollutants for Carbon Black
Production Area Sources
Sec.
Applicability and Compliance Dates
63.11400 Am I subject to this subpart?
63.11401 What are my compliance dates?
Standards and Compliance Requirements
63.11402 What are the standards and
compliance requirements for new and
existing sources?
63.11403 [Reserved]
Applicability and Compliance Dates
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§ 63.11400
Am I subject to this subpart?
(a) You are subject to this subpart if
you own or operate a carbon black
production facility that is an area source
of hazardous air pollutant (HAP)
emissions.
(b) This subpart applies to each new
or existing affected source. The affected
source is each carbon black production
process unit. The affected source
includes all waste management units,
maintenance wastewater, and
equipment components that contain or
contact HAP that are associated with the
carbon black production unit.
(1) An affected source is an existing
source if you commenced construction
or reconstruction of the affected source
before April 4, 2007.
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Yes.
Yes.
Yes.
Yes.
(2) An affected source is new if you
commenced construction or
reconstruction of the affected source on
or after April 4, 2007.
(c) This subpart does not apply to
research and development facilities, as
defined in section 112(c)(7) of the Clean
Air Act (CAA).
(d) If you own or operate an area
source subject to this subpart, you must
obtain a permit under 40 CFR part 70 or
40 CFR part 71.
§ 63.11401
dates?
Other Requirements and Information
63.11404 What General Provisions apply to
this subpart?
63.11405 What definitions apply to this
subpart?
63.11406 Who implements and enforces
this subpart?
Yes.
What are my compliance
(a) If you own or operate an existing
affected source, you must achieve
compliance with the applicable
provisions of this subpart by the date of
publication of the final rule in the
Federal Register.
(b) If you startup a new affected
source on or before the date of
publication of the final rule in the
Federal Register, you must achieve
compliance with the applicable
provisions of this subpart not later than
the date of publication of the final rule
in the Federal Register.
(c) If you startup a new affected
source after the date of publication of
the final rule in the Federal Register,
you must achieve compliance with the
applicable provisions of this subpart
upon startup of your affected source.
Standards and Compliance
Requirements
§ 63.11402 What are the standards and
compliance requirements for new and
existing sources?
You must meet all the requirements in
§ 63.1103(f) of subpart YY.
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§ 63.11403
[Reserved]
Other Requirements and Information
§ 63.11404 What General Provisions apply
to this subpart?
The provisions in 40 CFR part 63,
subpart A, applicable to this subpart are
§§ 63.1 through 63.5 and §§ 63.11
through 63.16.
§ 63.11405
subpart?
What definitions apply to this
The terms used in this subpart are
defined in §§ 63.1101 and 63.1103(f)(2).
§ 63.11406 Who implements and enforces
this subpart?
(a) This subpart can be implemented
and enforced by the U.S. EPA or a
delegated authority such as a State,
local, or tribal agency. If the U.S. EPA
Administrator has delegated authority to
a State, local, or tribal agency pursuant
to 40 CFR subpart E, then that Agency
has the authority to implement and
enforce this subpart. You should contact
your U.S. EPA Regional Office to find
out if this subpart is delegated to a State,
local, or tribal agency within your State.
(b) In delegating implementation and
enforcement authority of this subpart to
a State, local, or tribal agency under 40
CFR part 63, subpart E, the approval
authorities contained in paragraphs
(b)(1) through (4) of this section are
retained by the Administrator of the
U.S. EPA and are not transferred to the
State, local, or tribal agency.
(1) Approval of an alternative nonopacity emissions standard under
§ 63.992(b)(1).
(2) Approval of a major change to test
methods under § 63.7(e)(2)(ii) and (f). A
‘‘major change to test method’’ is
defined in § 63.90.
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(3) Approval of a major change to
monitoring under § 63.8(f). A ‘‘major
change to monitoring’’ is defined in
§ 63.90.
(4) Approval of a major change to
recordkeeping/reporting under
§ 63.10(f). A ‘‘major change to
recordkeeping/reporting’’ is defined in
§ 63.90.
5. Part 63 is amended by adding
subpart NNNNNN to read as follows:
Subpart NNNNNN—National Emission
Standards for Hazardous Air Pollutants
for Chemical Manufacturing Area
Sources: Chromium Compounds
Sec.
compliance with the applicable
provisions in this subpart not later than
6 months after the date of publication of
the final rule in the Federal Register.
(b) If you startup a new affected
source on or before the date of
publication of the final rule in the
Federal Register, you must achieve
compliance with the applicable
provisions of this subpart not later than
the date of publication of the final rule
in the Federal Register.
(c) If you startup a new affected
source after the date of publication of
the final rule in the Federal Register,
you must achieve compliance with the
applicable provisions of this subpart
upon startup of your affected source.
Applicability and Compliance Dates
63.11407 Am I subject to this subpart?
63.11408 What are my compliance dates?
Standards and Compliance
Requirements
Standards and Compliance Requirements
63.11409 What are the standards?
63.11410 What are the compliance
requirements?
§ 63.11409
Other Requirements and Information
63.11411 What General Provisions apply to
this subpart?
63.11412 What definitions apply to this
subpart?
63.11413 Who implements and enforces
this subpart?
Table 1 to Subpart NNNNNN of Part 63—
HAP Emissions Units
Table 2 to Subpart NNNNNN of Part 63—
Applicability of General Provisions to
Subpart NNNNNN
Applicability and Compliance Dates
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§ 63.11407
Am I subject to this subpart?
(a) You are subject to this subpart if
you own or operate a chromium
compounds manufacturing facility that
is an area source of hazardous air
pollutant (HAP) emissions.
(b) This subpart applies to each new
or existing affected source. The affected
source is each chromium compounds
manufacturing facility.
(1) An affected source is existing if
you commenced construction or
reconstruction of the affected source
before April 4, 2007.
(2) An affected source is new if you
commence construction or
reconstruction of the affected source on
or after April 4, 2007.
(c) This subpart does not apply to
research and development facilities, as
defined in section 112(c)(7) of the CAA.
(d) If you own or operate an area
source subject to this subpart, you must
obtain a permit under 40 CFR part 70 or
40 CFR part 71.
§ 63.11408
dates?
What are my compliance
(a) If you own or operate an existing
affected source, you must achieve
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What are the standards?
(a) You must operate a capture system
that collects the gases and fumes
released during the operation of each
emissions unit listed in Table 1 of this
subpart and conveys the collected gas
stream to a particulate matter (PM)
control device.
(b) You must not discharge to the
atmosphere through any combination of
stacks or other vents process gases from
an emissions unit listed in Table 1 of
this subpart that contain PM in excess
of the allowable process rate determined
according to Equation 1 of this section
(for an emissions unit with a process
rate of less than 30 tons per hour) or
Equation 2 of this section (for an
emissions unit with a process rate of 30
tons per hour or greater). If more than
one process vents to a common stack,
the applicable emissions limit for the
stack is the sum of allowable emissions
calculated for each process using
Equation 1 or 2 of this section, as
applicable.
( Eq. 1)
E = 4.1× P 0.67
Where:
E = Emissions limit in pounds per hour (lb/
hr); and
P = Process rate of emissions unit in tons per
hour (ton/hr).
E = 55 × P 0.11 − 40
( Eq. 2 )
§ 63.11410 What are the compliance
requirements?
(a) Existing sources. If you own or
operate an existing area source, you
must comply with the requirements in
paragraphs (b) through (e) of this
section.
(b) Initial control device inspection.
You must conduct an initial inspection
of each PM control device according to
the requirements in paragraphs (b)(1)
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through (4) of this section. You must
conduct each inspection no later than
60 days after your applicable
compliance date.
(1) For each baghouse, you must
visually inspect the system ductwork
and baghouse unit for leaks. You must
also inspect the inside of each baghouse
for structural integrity and fabric filter
condition. You must record the results
of the inspection and any maintenance
action in the logbook required in
paragraph (d) of this section.
(2) For each dry electrostatic
precipitator, you must verify the proper
functioning of the electronic controls for
corona power and rapper operation, that
the corona wires are energized, and that
adequate air pressure is present on the
rapper manifold. You must also visually
inspect the system ductwork and
electrostatic precipitator housing unit
and hopper for leaks and inspect the
interior of the electrostatic precipitator
to determine the condition and integrity
of corona wires, collection plates,
hopper, and air diffuser plates.
(3) For each wet electrostatic
precipitator, you must verify the proper
functioning of the electronic controls for
corona power, that the corona wires are
energized, and that water flow is
present. You must also visually inspect
the system ductwork and electrostatic
precipitator housing unit and hopper for
leaks and inspect the interior of the
electrostatic precipitator to determine
the condition and integrity of corona
wires, collection plates, plate wash
spray heads, hopper, and air diffuser
plates.
(4) For each wet scrubber, you must
verify the presence of water flow to the
scrubber. You must also visually inspect
the system ductwork and scrubber unit
for leaks and inspect the interior of the
scrubber for structural integrity and the
condition of the demister and spray
nozzle.
(c) Periodic inspections/maintenance.
Following the initial inspections, you
must perform periodic inspections and
maintenance of each PM control device
according to the requirements in
paragraphs (c)(1) through (4) of this
section.
(1) You must inspect and maintain
each baghouse according to the
requirements in paragraphs (c)(1)(i) and
(ii) of this section.
(i) You must conduct monthly visual
inspections of the system ductwork for
leaks.
(ii) You must conduct annual
inspections of the interior of the
baghouse for structural integrity and to
determine the condition of the fabric
filter.
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(2) You must inspect and maintain
each dry electrostatic precipitator
according to the requirements in
paragraphs (c)(2)(i) through (iii) of this
section.
(i) You must conduct a daily
inspection to verify the proper
functioning of the electronic controls for
corona power and rapper operation, that
the corona wires are energized, and that
adequate air pressure is present on the
rapper manifold.
(ii) You must conduct monthly visual
inspections of the system ductwork,
housing unit, and hopper for leaks.
(iii) You must conduct biennial
inspections of the interior of the
electrostatic precipitator to determine
the condition and integrity of corona
wires, collection plates, plate rappers,
hopper, and air diffuser plates.
(3) You must inspect and maintain
each wet electrostatic precipitator
according to the requirements in
paragraphs (c)(3)(i) through (iii) of this
section.
(i) You must conduct a daily
inspection to verify the proper
functioning of the electronic controls for
corona power, that the corona wires are
energized, and that water flow is
present.
(ii) You must conduct monthly visual
inspections of the system ductwork,
electrostatic precipitator housing unit,
and hopper for leaks.
(iii) You must conduct biennial
inspections of the interior of the
electrostatic precipitator to determine
the condition and integrity of corona
wires, collection plates, plate rappers,
hopper, and air diffuser plates.
(4) You must inspect and maintain
each wet scrubber according to the
requirements in paragraphs (c)(4)(i)
through (iii) of this section.
(i) You must conduct a daily
inspection to verify the presence of
water flow to the scrubber.
(ii) You must conduct monthly visual
inspections of the system ductwork and
scrubber unit for leaks.
(iii) You must conduct annual
inspections of the interior of the
scrubber to determine the structural
integrity and condition of the demister
and spray nozzle.
(d) Recordkeeping requirements. You
must record the results of each
inspection and maintenance action in a
logbook (written or electronic format).
You must keep the logbook onsite and
make the logbook available to the
permitting authority upon request. You
must keep records of the information
specified in paragraphs (d)(1) through
(4) of this section for 5 years following
the date of each recorded action.
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(1) The date and time of each
recorded action for a fabric filter, the
results of each inspection, and the
results of any maintenance performed
on the bag filters.
(2) The date and time of each
recorded action for a wet or dry
electrostatic precipitator (including
ductwork), the results of each
inspection, and the results of any
maintenance performed on the
electrostatic precipitator.
(3) The date and time of each
recorded action for a wet scrubber
(including ductwork), the results of each
inspection, and the results of any
maintenance performed on the wet
scrubber.
(4) Records of all required monitoring
data and supporting information
including all calibration and
maintenance records, original stripchart recordings for continuous
monitoring information, and copies of
all reports required by this subpart. You
must maintain records of required
monitoring data in a form suitable and
readily available for expeditious review.
All records must be kept onsite and
made available to EPA or the delegated
authority for inspection upon request.
You must maintain records of all
required monitoring data and
supporting information for at least 5
years from the date of the monitoring
sample, measurement, report, or
application.
(e) Reports. (1) You must report each
deviation (an action or condition not in
accordance with the requirements of
this subpart, including upset conditions
but excluding excess emissions) to the
permitting agency on the next business
day after becoming aware of the
deviation. You must submit a written
report within 2 business days which
identifies the probable cause of the
deviation and any corrective actions or
preventative actions taken. All reports
of deviations must be certified by a
responsible official.
(2) You must submit semiannual
reports of monitoring and recordkeeping
activities to your permitting authority.
(3) You must submit the results of any
maintenance performed on each PM
control device within 30 days of a
written request by the permitting
authority.
(f) New sources. If you own or operate
a new affected source, you must comply
with the requirements in paragraphs (g)
and (h) of this section.
(g) Bag leak detection systems. You
must install, operate, and maintain a bag
leak detection system on all baghouses
used to comply with the PM emissions
limit in § 63.11409 according to
paragraph (g)(1) of this section; prepare
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and operate by a site-specific
monitoring plan according to paragraph
(g)(2) of this section; take corrective
action according to paragraph (g)(3) of
this section; and record information
according to paragraph (g)(4) of this
section.
(1) Each bag leak detection system
must meet the specifications and
requirements in paragraphs (g)(1)(i)
through (viii) of this section.
(i) The bag leak detection system must
be certified by the manufacturer to be
capable of detecting PM emissions at
concentrations of 0.00044 grains per
actual cubic foot or less.
(ii) The bag leak detection system
sensor must provide output of relative
PM loadings. The owner or operator
shall continuously record the output
from the bag leak detection system using
electronic or other means (e.g., using a
strip chart recorder or a data logger).
(iii) The bag leak detection system
must be equipped with an alarm system
that will sound when the system detects
an increase in relative particulate
loading over the alarm set point
established according to paragraph
(g)(1)(iv) of this section, and the alarm
must be located such that it can be
heard by the appropriate plant
personnel.
(iv) In the initial adjustment of the bag
leak detection system, you must
establish, at a minimum, the baseline
output by adjusting the sensitivity
(range) and the averaging period of the
device, the alarm set points, and the
alarm delay time.
(v) Following initial adjustment, you
shall not adjust the averaging period,
alarm set point, or alarm delay time
without approval from the
Administrator or delegated authority
except as provided in paragraph
(g)(1)(vi) of this section.
(vi) Once per quarter, you may adjust
the sensitivity of the bag leak detection
system to account for seasonal effects,
including temperature and humidity,
according to the procedures identified
in the site-specific monitoring plan
required by paragraph (g)(2) of this
section.
(vii) You must install the bag leak
detection sensor downstream of the
baghouse and upstream of any wet
scrubber.
(viii) Where multiple detectors are
required, the system’s instrumentation
and alarm may be shared among
detectors.
(2) You must develop and submit to
the Administrator or delegated authority
for approval a site-specific monitoring
plan for each bag leak detection system.
You must operate and maintain the bag
leak detection system according to the
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site-specific monitoring plan at all
times. Each monitoring plan must
describe the items in paragraphs (g)(2)(i)
through (vi) of this section.
(i) Installation of the bag leak
detection system;
(ii) Initial and periodic adjustment of
the bag leak detection system, including
how the alarm set-point will be
established;
(iii) Operation of the bag leak
detection system, including quality
assurance procedures;
(iv) How the bag leak detection
system will be maintained, including a
routine maintenance schedule and spare
parts inventory list;
(v) How the bag leak detection system
output will be recorded and stored; and
(vi) Corrective action procedures as
specified in paragraph (g)(3) of this
section. In approving the site-specific
monitoring plan, the Administrator or
delegated authority may allow owners
and operators more than 3 hours to
alleviate a specific condition that causes
an alarm if the owner or operator
identifies in the monitoring plan this
specific condition as one that could lead
to an alarm, adequately explains why it
is not feasible to alleviate this condition
within 3 hours of the time the alarm
occurs, and demonstrates that the
requested time will ensure alleviation of
this condition as expeditiously as
practicable.
(3) For each bag leak detection
system, you must initiate procedures to
determine the cause of every alarm
within 1 hour of the alarm. Except as
provided in paragraph (g)(2)(vi) of this
section, you must alleviate the cause of
the alarm within 3 hours of the alarm by
taking whatever corrective action(s) are
necessary. Corrective actions may
include, but are not limited to the
following:
(i) Inspecting the baghouse for air
leaks, torn or broken bags or filter
media, or any other condition that may
cause an increase in particulate
emissions;
(ii) Sealing off defective bags or filter
media;
(iii) Replacing defective bags or filter
media or otherwise repairing the control
device;
(iv) Sealing off a defective baghouse
compartment;
(v) Cleaning the bag leak detection
system probe or otherwise repairing the
bag leak detection system; or
(vi) Shutting down the process
producing the particulate emissions.
(4) You must maintain records of the
information specified in paragraphs
(g)(4)(i) through (iii) of this section for
each bag leak detection system.
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(i) Records of the bag leak detection
system output;
(ii) Records of bag leak detection
system adjustments, including the date
and time of the adjustment, the initial
bag leak detection system settings, and
the final bag leak detection system
settings; and
(iii) The date and time of all bag leak
detection system alarms, the time that
procedures to determine the cause of the
alarm were initiated, the cause of the
alarm, an explanation of the actions
taken, the date and time the cause of the
alarm was alleviated, and whether the
alarm was alleviated within 3 hours of
the alarm.
(h) Other control devices. If you use
a control device other than a baghouse,
you must prepare and submit a
monitoring plan to EPA or the delegated
authority for approval. Each plan must
contain the information in paragraphs
(h)(1) through (5) of this section.
(1) A description of the device;
(2) Test results collected in
accordance with paragraph (i) of this
section verifying the performance of the
device for reducing PM to the levels
required by this subpart;
(3) Operation and maintenance plan
for the control device (including a
preventative maintenance schedule
consistent with the manufacturer’s
instructions for routine and long-term
maintenance) and continuous
monitoring system.
(4) A list of operating parameters that
will be monitored to maintain
continuous compliance with the
applicable emissions limits; and
(5) Operating parameter limits based
on monitoring data collected during the
performance test.
(i) Performance tests. If you own or
operate a new affected source, you must
conduct a performance test for each
emissions unit subject to an emissions
limit in § 63.11409(b) within 180 days of
your compliance date and report the
results in your notification of
compliance status. If you own or operate
an existing affected source, you are not
required to conduct a performance test
if a prior performance test was
conducted within the past five years of
the effective date using the same
methods specified in paragraph (j) of
this section and either no process
changes have been made since the test,
or if you can demonstrate that the
results of the performance test, with or
without adjustments, reliably
demonstrate compliance despite process
changes.
(j) Test methods. You must conduct
each performance test according to the
requirements in § 63.7 and paragraphs
(j)(1) through (3) of this section.
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(1) Determine the concentration of PM
according to the following test methods
in appendix A to part 60 of this chapter:
(i) Method 1 or 1A to select sampling
port locations and the number of
traverse points in each stack or duct.
Sampling sites must be located at the
outlet of the control device and prior to
any releases to the atmosphere.
(ii) Method 2, 2A, 2C, 2D, 2F, or 2G
to determine the volumetric flow rate of
the stack gas.
(iii) Method 3, 3A, or 3B to determine
the dry molecular weight of the stack
gas. You may use ANSI/ASME PTC
19.10–1981, Flue and Exhaust Gas
Analyses (incorporated by reference—
see § 63.14) as an alternative to EPA
Method 3B.
(iv) Method 4 to determine the
moisture content of the stack gas.
(v) Method 5 or 5D to determine the
concentration of particulate matter
(front half filterable catch only). Three
valid test runs are needed to comprise
a performance test.
(2) During the test, you must operate
each emissions unit within 10 percent
of the normal process rate specified in
your notification of compliance status.
You must monitor and record the
process rate during the test.
(3) Compute the mass emissions (E) in
pounds per hour (lb/hr) for each test run
using Equation 1 of this section and the
process rate measured during the test.
The PM emissions in lb/hr must be less
than the allowable PM emissions rate
for the emissions unit.
E=
C×Q
K
( Eq. 3)
Where:
E = Mass emissions of PM, pounds per hour
(lb/hr);
C = Concentration of PM, grains per dry
standard cubic foot (gr/dscf);
Q = Volumetric flow rate of stack gas, dry
standard cubic foot per hour (dscf/hr);
and
K = Conversion factor, 7,000 grains per
pound (gr/lb).
(k) Startups, shutdown, and
malfunctions. The requirements in
paragraphs (k)(1) and (2) of this section
apply to the owner or operator of a new
or existing affected source.
(1) Except as provided in paragraph
(k)(2) of this section, you must report
emissions in excess of a PM emissions
limit established by this subpart lasting
for more than 4 hours that result from
a malfunction, a breakdown of process
or control equipment, or any other
abnormal condition by 9 a.m. of the next
business day of becoming aware of the
occurrence. You must provide the name
and location of the facility, the nature
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and cause of the malfunction or
breakdown, the time when the
malfunction or breakdown is first
observed, the expected duration, and
the estimated rate of emissions. You
must also notify EPA or the delegated
authority immediately when corrected
measures have been accomplished and,
if requested, submit a written report
within 15 days after the request.
(2) As an alternative to the
requirements in paragraph (k)(1) of this
section, you must comply with the
startup, shutdown, and malfunction
requirements in 40 CFR 63.6(e)(3).
Other Requirements and Information
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§ 63.11411 What General Provisions apply
to this subpart?
(a) You must comply with the
requirements of the General Provisions
in 40 CFR part 63, subpart A as
specified in Table 2 to this subpart.
(b) Your notification of compliance
status required by § 63.9(h) must
include the following information for a
new or existing affected source:
(1) This certification of compliance,
signed by a responsible official, for the
standards in § 63.11409(a): ‘‘This facility
complies with the management practice
requirements in § 63.11409(a) for
installation and operation of capture
systems for each emissions unit subject
to an emissions limit in § 63.11409(b).’’
(2) This certification of compliance by
the owner or operator of an existing
source (if applicable), signed by a
responsible official, for the emissions
limits in § 63.11409(b): ‘‘This facility
complies with the emissions limits in
§ 63.11409(b) based on a previous
performance test in accordance with
§ 63.11410(i).’’
(3) The process rate for each
emissions point subject to an emissions
limit in § 63.11409(b) that represents
normal and representative production
operations.
(4) The procedures used to measure
and record the process rate for each
emissions unit point to an emissions
limit in § 63.11409(b).
(5) This certification of compliance by
the owner or operator of an existing
affected source, signed by a responsible
official, for the control device
inspection and maintenance
requirements in § 63.11410(b) through
(d): ‘‘This facility has conducted an
initial inspection of each control device
according to the requirements in
§ 63.11410(b), will conduct periodic
inspections and maintenance of control
devices in accordance with
§ 63.11410(c), and will maintain records
of each inspection and maintenance
action in the logbook required by
§ 63.11410(d).’’
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(6) This certification of compliance by
the owner or operator of a new affected
source, signed by a responsible official,
for the bag leak detection system
monitoring plan requirement in
§ 63.11410(g)(2): ‘‘This facility has an
approved bag leak detection system
monitoring plan in accordance with
§ 63.11410(g)(2).’’
(7) Performance test results for each
emissions unit at a new affected source
(or each emissions point at an existing
affected source if a test is required) in
accordance with § 63.11410(j). The
performance test results for a new
affected source must identify the daily
average parameter operating limit for
each PM control device.
(8) If applicable, this certification of
compliance by the owner or operator of
a new or existing source, signed by a
responsible official, for the requirement
in paragraph (k)(2) of this section to
comply with the startup, shutdown, and
malfunction provisions in 40 CFR
63.6(e)(3): ‘‘This facility has prepared a
startup, shutdown, and malfunction
plan in accordance with 40 CFR
63.6(e)(3)’’.
§ 63.11412
subpart?
What definitions apply to this
Terms used in this subpart are
defined in the CAA, in 40 CFR 63.2, and
in this section as follows:
Bag leak detection system means a
system that is capable of continuously
monitoring relative particulate matter
(dust loadings) in the exhaust of a
baghouse to detect bag leaks and other
upset conditions. A bag leak detection
system includes, but is not limited to,
an instrument that operates on
triboelectric, light scattering, light
transmittance, or other effect to
continuously monitor relative
particulate matter loadings.
Chromic acid means chromium
trioxide (CrO3). It is produced by the
electrolytic reaction or acidification of
sodium dichromate.
Chromium compounds
manufacturing means any process that
uses chromite ore as the basic feedstock
to manufacture chromium compounds,
primarily sodium dichromate, chromic
acid, and chromic oxide.
Chromite ore means an oxide of
chromium and iron (FeCr2O4) that is the
primary feedstock for chromium
compounds manufacturing.
Chromic oxide means Cr2O3. In the
production of chromic oxide,
ammonium sulfate and sodium
dichromate that have been concentrated
by evaporation are mixed and fed to a
rotary roasting kiln to produce chromic
oxide, sodium sulfate and nitrogen gas.
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Roasting means a heating (oxidizing)
process where ground chromite ore is
mixed with alkaline material (such as
soda ash, sodium bicarbonate, and
sodium hydroxide) and fed to a rotary
kiln where it is heated to about 2,000 °F,
converting the majority of the chromium
in the ore from trivalent to hexavalent
chromium.
Sodium chromate means Na 2CrO4. It
is produced by roasting chromite ore in
a rotary kiln.
Sodium dichromate means sodium
bichromate or sodium bichromate
dihydrate and is known technically as
sodium dichromate dihydrate
(Na2Cr2O7.2H2O). It is produced by the
electrolytic reaction or acidification of
sodium chromate.
§ 63.11413 Who implements and enforces
this subpart?
(a) This subpart can be implemented
and enforced by the U.S. EPA, or a
delegated authority such as a State,
local, or tribal agency. If the U.S. EPA
Administrator has delegated authority to
a State, local, or tribal agency pursuant
to 40 CFR subpart E, then that Agency
has the authority to implement and
enforce this subpart. You should contact
your U.S. EPA Regional Office to find
out if this subpart is delegated to a State,
local, or tribal agency.
(b) In delegating implementation and
enforcement authority of this subpart to
a State, local, or tribal agency under 40
CFR part 63, subpart E, the authorities
contained in paragraphs (b)(1) through
(4) of this section are retained by the
Administrator of the U.S. EPA and are
not transferred to the State, local, or
tribal agency.
(1) Approval of an alternative nonopacity emissions standard under
§ 63.6(g).
(2) Approval of a major change to test
methods under § 63.7(e)(2)(ii) and (f). A
‘‘major change to test method’’ is
defined in § 63.90.
(3) Approval of a major change to
monitoring under § 63.8(f). A ‘‘major
change to monitoring’’ is defined in
§ 63.90.
(4) Approval of a major change to
recordkeeping/reporting under
§ 63.10(f). A ‘‘major change to
recordkeeping/reporting’’ is defined in
§ 63.90.
As required in § 63.11409, you must
install and operate capture systems and
comply with the applicable emissions
limit for each emissions point shown in
the following table.
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TABLE 1 TO SUBPART NNNNNN OF PART 63.—HAP EMISSIONS UNITS
Process
Emissions points
1. Sodium chromate production ......
2. Sodium dichromate production ...
3. Chromic acid production .............
4. Chromic oxide production ...........
5. Chromium hydrate production ....
a. Ball mill used to grind chromite ore.
b. Dryer used to dry chromite ore.
c. Rotary kiln used to roast chromite ore to produce sodium chromate.
d. Secondary rotary kiln used to recycle and refine residues containing chromium compounds.
e. Filter for sodium chromate slurry.
f. Quench tanks.
a. Stack on the electrolytic cell system used to produce sodium dichromate.
b. Sodium dichromate crystallization unit.
c. Sodium dichromate evaporation unit.
d. Sodium dichromate drying unit.
a. Electrolytic cell system used to produce chromic acid.
b. Reactor used to produce chromic acid.
c. Chromic acid crystallization unit.
d. Chromic acid dryer.
a. Primary rotary roasting kiln used to produce chromic oxide.
b. Chromic oxide filter.
c. Chromic oxide dryer.
d. Chromic oxide grinding unit.
e. Chromic oxide storage vessel.
f. Secondary rotary roasting kiln.
g. Quench tanks.
a. Furnace used to produce chromium hydrate.
b. Chromium hydrate grinding unit.
As required in § 63.11411(a), you
must comply with the requirements of
the General Provisions (40 CFR part 63,
subpart A) as shown in the following
table.
TABLE 2 TO SUBPART NNNNNN OF PART 63.—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART NNNNNN
Applies to subpart
NNNNNN?
Explanation
Yes ....................................
The startup, shutdown, and malfunction requirements
in § 63.6(e)(3) apply at new and existing area
sources that choose to comply with § 63.11410(k)(2)
instead of the requirements in § 63.11410(k)(1).
Citation
Subject
63.1(a)(1), (a)(2), (a)(3),
(a)(4), (a)(6), (a)(10)(a)(12), (b)(1), (b)(3),
(c)(1), (c)(2), (c)(5), (e).
63.1(a)(5), (a)(7)–(a)(9),
(b)(2), (c)(3), (c)(4), (d).
63.2 ......................................
63.3 ......................................
63.4 ......................................
Applicability ........................
Yes.
Reserved ...........................
No.
Definitions ..........................
Units and Abbreviations ....
Prohibited Activities and
Circumvention.
Preconstruction Review
and Notification Requirements.
Compliance with Standards
and Maintenance Requirements.
Yes.
Yes.
Yes.
Reserved ...........................
No.
No ......................................
Subpart NNNNNN does
not include opacity or
visible emissions standards or require a continuous opacity monitoring
system.
Yes ....................................
63.5 ......................................
63.6(a), (b)(1)–(b)(5), (b)(7),
(c)(1), (c)(2), (c)(5), (e)(1),
(e)(3)(i), (e)(3)(iii)–
(e)(3)(ix), (f), (g), (i), (j).
63.6(b)(6), (c)(3), (c)(4), (d),
(e)(2), (e)(3)(ii), (h)(3),
(h)(5)(iv).
63.6(h)(1)–(h)(4), (h)(5)(i)–
(h)(5)(iii), (h)(6)–(h)(9).
No.
ycherry on PROD1PC64 with PROPOSALS2
63.7(a), (e), (f), (g), (h) ........
Performance Testing Requirements.
63.7(b), (c) ...........................
............................................
Yes/No ...............................
63.8(a)(1), (a)(2), (b), (c)(1)–
(c)(3), (f)(1)–(5).
63.8(a)(3) .............................
63.8(a)(4) .............................
Monitoring Requirements ..
Yes.
Reserved ...........................
............................................
No.
No ......................................
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Subpart NNNNNN requires a performance test for a
new source; a test for an existing source is not required
under
the
conditions
specified
in
§ 63.11410(i).
Requirements for notification of performance test and
for quality assurance program apply to new area
sources but not existing area sources.
Subpart NNNNNN does not require flares.
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TABLE 2 TO SUBPART NNNNNN OF PART 63.—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART NNNNNN—
Continued
Citation
Subject
Applies to subpart
NNNNNN?
Explanation
63.8(c)(4)–(c)(8), (d), (e),
(f)(6), (g).
63.9(a), (b)(1), (b)(5), (c),
(d), (i), (j).
63.9(e) .................................
............................................
No ......................................
Subpart NNNNNN establishes requirements for continuous parameter monitoring systems.
Notification Requirements
Yes.
............................................
Yes/No ...............................
63.9(b)(2) .............................
63.9(b)(3), (h)(4) ..................
63.9(b)(4), (h)(5) ..................
63.9(f), (g) ............................
............................................
Reserved ...........................
............................................
............................................
Yes.
No.
No.
No ......................................
63.9(h)(1)–(h)(3), (h)(6) .......
63.10(a), (b)(1), (b)(2)(xii),
(b)(2)(xiv), (b)(3).
63.10(b)(2)(i)–(b)(2)(v) .........
............................................
Recordkeeping Requirements.
............................................
Yes.
Yes.
63.10(b)(2)(vi)–(b)(2)(ix),
(c)(1), (c)(5)–(c)(14).
............................................
Yes/No ...............................
63.10(b)(2)(vii)(A)–(B),
(b)(2)(x), (b)(2)(xiii).
63.10(c)(2)–(c)(4), (c)(9) ......
63.10(d)(1), (d)(4), (e)(1),
(e)(2), (f).
63.10(d)(2) ...........................
............................................
No.
Reserved ...........................
Reporting Requirements ...
No.
Yes.
............................................
Yes ....................................
63.10(d)(3) ...........................
............................................
No ......................................
63.10(d)(5) ...........................
............................................
Yes ....................................
63.10(e)(1)–(e)(2), (e)(4) .....
............................................
No ......................................
63.10(e)(3) ...........................
............................................
Yes/No ...............................
63.11 ....................................
Control Device Requirements.
State Authorities and Delegations.
Addresses ..........................
Incorporations by Reference.
Availability of Information
and Confidentiality.
Performance Track Provisions.
No ......................................
63.12 ....................................
63.13 ....................................
63.14 ....................................
63.15 ....................................
63.16 ....................................
Yes ....................................
Notification of performance test is required only for
new area sources.
Subpart NNNNNN does not include opacity or visible
emissions standards or require a continuous opacity
monitoring system or continuous emissions monitoring system.
Recordkeeping requirements for startups, shutdowns,
and malfunctions apply to new and existing area
sources
that
choose
to
comply
with
§ 63.11410(k)(2).
Requirements apply to continuous parameter monitoring systems at new area sources but not existing
area sources.
Report of performance test results applies to new area
sources; requirement applies to existing area
sources if the permitting authority requests a performance test.
Subpart NNNNNN does not include opacity or visible
emissions limits.
Requirements for startup, shutdown, and malfunction
reports apply to new and existing area sources that
choose to comply with § 63.11410(k)(2).
Subpart NNNNNN does not require a continuous
emissions monitoring system or continuous opacity
monitoring system.
Semiannual reporting requirements apply to new area
sources but not existing area sources.
Subpart NNNNNN does not require flares.
Yes.
Yes.
Yes.
Yes.
Yes.
ycherry on PROD1PC64 with PROPOSALS2
6. Part 63 is amended by adding
subpart OOOOOO to read as follows:
63.11415
Subpart OOOOOO—National Emission
Standards for Hazardous Air Pollutants
for Flexible Polyurethane Foam
Production and Fabrication Area
Sources
63.11416 What are the standards for new
and existing sources?
63.11417 What are the compliance
requirements for new and existing
sources?
Tables to Subpart OOOOOO of Part 63
Table 1 to Subpart OOOOOO of Part 63—
Applicability of General Provisions (40
CFR Part 63, Subpart A) to Subpart
OOOOOO
Other Requirements and Information
Applicability and Compliance Dates
Sec.
63.11418 What General Provisions apply to
this subpart?
63.11419 What definitions apply to this
subpart?
§ 63.11414
Applicability and Compliance Dates
63.11414
Am I subject to this subpart?
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What are my compliance dates?
Standards and Compliance Requirements
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63.11420 Who implements and enforces
this subpart?
Am I subject to this subpart?
(a) You are subject to this subpart if
you own or operate an area source of
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substrates are not flexible polyurethane
foam fabrication affected sources.
(c) An affected source is existing if
you commenced construction or
reconstruction of the affected source
before April 4, 2007.
(d) An affected source is new if you
commenced construction or
reconstruction of the affected source on
or after April 4, 2007.
(e) This subpart does not apply to
research and development facilities, as
defined in section 112(c)(7) of the Clean
Air Act (CAA).
(f) You are exempt from the obligation
to obtain a permit under 40 CFR part 70
or 40 CFR part 71, provided you are not
otherwise required by law to obtain a
permit under 40 CFR 70.3(a) or 40 CFR
71.3(a). Notwithstanding the previous
sentence, you must continue to comply
with the provisions of this subpart.
§ 63.11415
dates?
What are my compliance
(a) If you own or operate an existing
affected source, you must achieve
compliance with the applicable
provisions in this subpart by the date of
publication of the final rule in the
Federal Register.
(b) If you startup a new affected
source on or before the date of
publication of the final rule in the
Federal Register, you must achieve
compliance with the applicable
provisions in this subpart not later than
the date of publication of the final rule
in the Federal Register.
(c) If you startup a new affected
source after the date of publication of
the final rule in the Federal Register,
you must achieve compliance with the
provisions in this subpart upon startup
of your affected source.
Standards and Compliance
Requirements
§ 63.11416 What are the standards for new
and existing sources?
(a) If you own or operate a slabstock
flexible polyurethane foam production
affected source, you must meet the
requirements in paragraph (b) of this
section. If you own or operate a molded
foam affected source, you must meet the
requirements in paragraph (c) of this
section. If you own or operate a rebond
foam affected source, you must meet the
requirements in paragraph (d) of this
section. If you own or operate a flexible
polyurethane foam fabrication affected
source you must meet the requirements
in paragraph (e) of this section.
(b) If you own or operate a new or
existing slabstock polyurethane foam
production affected source, you must
comply with the requirements in either
paragraph (b)(1) or (2) of this section.
(1) Comply with § 63.1293(a) or (b) of
subpart III, except that you must use
Equation 1 of this section to determine
the HAP auxiliary blowing agent (ABA)
formulation limit for each foam grade
instead of Equation 3 of § 63.1297 of
subpart III. You must use zero as the
formulation limitation for any grade of
foam where the result of the formulation
equation (using Equation 1 of this
section) is negative (i.e., less than zero):
1
1
ABA limit = − 0.2 ( IFD ) − 19.1
− 15.3 ( DEN ) − 6.8
+ 36.5
IFD
DEN
ycherry on PROD1PC64 with PROPOSALS2
Where:
ABAlimit = HAP ABA formulation limitation,
parts methylene chloride ABA allowed
per hundred parts polyol (pph).
IFD = Indentation force deflection, pounds.
DEN = Density, pounds per cubic foot.
(2) Use no material containing
methylene chloride for any purpose in
any slabstock flexible foam production
process.
(c) If you own or operate a new or
existing molded foam affected source,
you must comply with the requirements
in paragraphs (c)(1) and (2) of this
section.
(1) You must not use a material
containing methylene chloride as an
equipment cleaner to flush the mixhead
or use a material containing methylene
chloride elsewhere as an equipment
cleaner in a molded flexible
polyurethane foam process.
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(2) You must not use a mold release
agent containing methylene chloride in
a molded flexible polyurethane foam
process.
(d) If you own or operate a new or
existing rebond foam affected source,
you must comply with the requirements
in paragraphs (d)(1) and (2) of this
section.
(1) You must not use a material
containing methylene chloride as an
equipment cleaner in a rebond foam
process.
(2) You must not use a mold release
agent containing methylene chloride in
a rebond foam process.
(e) If you own or operate a new or
existing flexible polyurethane foam
fabrication affected source, you must
not use any adhesive containing
methylene chloride in a flexible
polyurethane foam fabrication process.
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( Equation 1)
(f) You may demonstrate compliance
with the requirements in paragraphs
(b)(2) and (c) through (e) of this section
using adhesive usage records, Material
Safety Data Sheets, and engineering
calculations.
§ 63.11417 What are the compliance
requirements for new and existing sources?
(a) If you own or operate a slabstock
flexible polyurethane foam production
affected source, you must comply with
the requirements in paragraph (b) of this
section. If you own or operate a molded
foam affected source, rebond foam
affected source, or a loop slitter at a
flexible polyurethane foam fabrication
affected source you must comply with
the requirements in paragraphs (c) and
(d) of this section.
(b) Each owner or operator of a new
or existing slabstock flexible
E:\FR\FM\04APP2.SGM
04APP2
EP04AP07.005
hazardous air pollutant (HAP) emissions
that meets the criteria in paragraph
(a)(1) or (2) of this section.
(1) You own or operate a plant that
produces flexible polyurethane foam or
rebond foam as defined in § 63.1292 of
subpart III.
(2) You own or operate a flexible
polyurethane foam fabrication facility,
as defined in § 63.11419.
(b) The provisions of this subpart
apply to each new and existing affected
source that meets the criteria listed in
paragraphs (b)(1) through (4) of this
section.
(1) A slabstock flexible polyurethane
foam production affected source is the
collection of all equipment and
activities necessary to produce slabstock
flexible polyurethane foam.
(2) A molded flexible polyurethane
foam production affected source is the
collection of all equipment and
activities necessary to produce molded
foam.
(3) A rebond foam production affected
source is the collection of all equipment
and activities necessary to produce
rebond foam.
(4) A flexible polyurethane foam
fabrication affected source is the
collection of all equipment and
activities at a flexible polyurethane
foam fabrication facility where
adhesives are used to bond foam to foam
or other substrates. Equipment and
activities at flexible polyurethane foam
fabrication facilities which do not use
adhesives to bond foam to foam or other
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polyurethane foam production affected
source who chooses to comply with
§ 63.11416(b)(1) must comply with
paragraph (b)(1) of this section. Each
owner or operator of a new or existing
slabstock flexible polyurethane foam
production affected source who chooses
to comply with § 63.11416(b)(2) must
comply with paragraphs (b)(2) and (3) of
this section.
(1) You must comply with paragraphs
(b)(1)(i) through (v) of this section.
(i) The monitoring requirements in
§ 63.1303 of subpart III.
(ii) The testing requirements in
§ 63.1304 or § 63.1305 of subpart III.
(iii) The reporting requirements in
§ 63.1306 of subpart III, with the
exception of the reporting requirements
in § 63.1306(d)(1), (2), (4), and (5) of
subpart III.
(iv) The recordkeeping requirements
in § 63.1307 of subpart III.
(v) The compliance demonstration
requirements in § 63.1308(a), (c), and (d)
of subpart III.
(2) You must submit a notification of
compliance status report no later than
180 days after your compliance date.
The report must contain the information
detailed in § 63.9(h)(2)(i) paragraphs (A)
and (G), and must contain this
certification of compliance, signed by a
responsible official, for the standards in
§ 63.11416(b)(2): ‘‘This facility uses no
material containing methylene chloride
for any purpose on any slabstock
flexible foam process and will not use
it in the future.’’
(3) You must maintain records of the
information used to demonstrate
compliance, as required in § 63.11416(f).
You must maintain the records for 5
years, with the last 2 years of data
retained on site. The remaining 3 years
of data may be maintained off site.
(c) You must have a compliance
certification on file by the compliance
date. This certification must contain the
statements in paragraph (c)(1), (2), or (3)
of this section, as applicable, and must
be signed by a responsible official.
(1) For a molded foam affected source:
(i) ‘‘This facility does not use, and
will not use in the future, any
equipment cleaner to flush the mixhead
which contains methylene chloride, or
any other equipment cleaner containing
methylene chloride in a molded flexible
polyurethane foam process in
accordance with § 63.11416(c)(1).’’
(ii) ‘‘This facility does not use, and
will not use in the future, any mold
release agent containing methylene
chloride in a molded flexible
polyurethane foam process in
accordance with § 63.11416(c)(2).’’
(2) For a rebond foam affected source:
(i) ‘‘This facility does not use, and
will not use in the future, any
equipment cleaner which contains
methylene chloride in a rebond flexible
polyurethane foam process in
accordance with § 63.11416(d)(1).’’
(ii) ‘‘This facility does not use, and
will not use in the future, any mold
release agent containing methylene
chloride in a rebond flexible
polyurethane foam process in
accordance with § 63.11416(d)(2).’’
(3) For a flexible polyurethane foam
fabrication affected source containing a
loop slitter: ‘‘This facility does not use,
and will not use in the future, any
adhesive containing methylene chloride
on a loop slitter process in accordance
with § 63.11416(e).’’
(d) For molded foam affected sources,
rebond foam affected sources, and
flexible polyurethane foam fabrication
affected sources containing a loop
slitter, you must maintain records of the
information used to demonstrate
compliance, as required in § 63.11416(f).
You must maintain the records for 5
years, with the last 2 years of data
retained on site. The remaining 3 years
of data may be maintained off site.
Other Requirements and Information
§ 63.11418 What General Provisions apply
to this subpart?
The provisions in 40 CFR part 63,
subpart A, applicable to sources subject
to § 63.11416(b)(1) are specified in Table
1 of this subpart.
§ 63.11419
subpart?
What definitions apply to this
The terms used in this subpart are
defined in the CAA; § 63.1292 of
subpart III; § 63.8830 of subpart
MMMMM; § 63.2 of subpart A; and in
this section as follows:
Flexible polyurethane foam
fabrication facility means a facility
where pieces of flexible polyurethane
foam are cut, bonded, and/or laminated
together or to other substrates.
§ 63.11420 Who implements and enforces
this subpart?
(a) This subpart can be implemented
and enforced by the U.S. EPA or a
delegated authority such as a State,
local, or tribal agency. If the U.S. EPA
Administrator has delegated authority to
a State, local, or tribal agency pursuant
to 40 CFR subpart E, then that Agency
has the authority to implement and
enforce this subpart. You should contact
your U.S. EPA Regional Office to find
out if this subpart is delegated to a State,
local, or tribal agency within your State.
(b) In delegating implementation and
enforcement authority of this subpart to
a State, local, or tribal agency under 40
CFR part 63, subpart E, the approval
authorities contained in paragraphs
(b)(1) through (4) of this section are
retained by the Administrator of the
U.S. EPA and are No transferred to the
State, local, or tribal agency.
(1) Approval of an alternative Noopacity emissions standard under
§ 63.6(g).
(2) Approval of a major change to test
methods under § 63.7(e)(2)(ii) and (f). A
‘‘major change to test method’’ is
defined in § 63.90.
(3) Approval of a major change to
monitoring under § 63.8(f). A ‘‘major
change to monitoring’’ is defined in
§ 63.90.
(4) Approval of a major change to
recordkeeping/reporting under
§ 63.10(f). A ‘‘major change to
recordkeeping/reporting’’ is defined in
§ 63.90.
Tables to Subpart OOOOOO of Part 63
As required in § 63.11418, you must
comply with the requirements of the
NESHAP General Provisions (40 CFR
part 63, subpart A) as shown in the
following table.
TABLE 1 TO SUBPART OOOOOO.—APPLICABILITY OF GENERAL PROVISIONS (40 CFR PART 63, SUBPART A) TO
SUBPART OOOOOO
ycherry on PROD1PC64 with PROPOSALS2
Subpart A reference
Applies to
subpart
OOOOOO?
§ 63.1 ...........................................................
§ 63.2 ...........................................................
§ 63.3 ...........................................................
§ 63.4 ...........................................................
§ 63.5 ...........................................................
§ 63.6(a)–(d) ................................................
Yes.
Yes ...........
Yes.
Yes.
Yes.
Yes.
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Comment
Definitions are modified and supplemented by § 63.11419.
Frm 00038
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16673
TABLE 1 TO SUBPART OOOOOO.—APPLICABILITY OF GENERAL PROVISIONS (40 CFR PART 63, SUBPART A) TO
SUBPART OOOOOO—Continued
Subpart A reference
Applies to
subpart
OOOOOO?
§ 63.6(e)(1)–(2) ............................................
§ 63.6(e)(3) ..................................................
Yes.
No .............
§ 63.6 (f)–(g) ................................................
§ 63.6(h) .......................................................
§ 63.6 (i)–(j) .................................................
§ 63.7 ...........................................................
§ 63.8 ...........................................................
Yes.
No .............
Yes.
No .............
No .............
§ 63.9(a)–(d) ................................................
§ 63.9(e)–(g) ................................................
§ 63.9(h) .......................................................
§ 63.9 (i)–(j) .................................................
§ 63.10(a)–(b) ..............................................
§ 63.10(c) .....................................................
§ 63.10(d)(1) ................................................
§ 63.10(d)(2)–(3) ..........................................
§ 63.10(d)(4) ................................................
§ 63.10(d)(5) ................................................
§ 63.10(e) .....................................................
§ 63.10(f) ......................................................
§ 63.11 .........................................................
§ 63.12 .........................................................
§ 63.13 .........................................................
§ 63.14 .........................................................
§ 63.15 .........................................................
§ 63.16 .........................................................
Yes.
No.
No .............
Yes.
Yes ...........
No.
Yes.
No.
Yes.
No.
No.
Yes.
No.
Yes.
Yes.
Yes.
Yes.
Yes.
7. Part 63 is amended by adding
subpart PPPPPP to read as follows:
Subpart PPPPPP—National Emission
Standards for Hazardous Air Pollutants
for Lead Acid Battery Manufacturing
Area Sources
Sec.
Applicability and Compliance Dates
63.11421 Am I subject to this subpart?
63.11422 What are my compliance dates?
Standards and Compliance Requirements
63.11423 What are the standards and
compliance requirements for new and
existing sources?
63.11424 [Reserved]
Other Requirements and Information
63.11425 What General Provisions apply to
this subpart?
63.11426 What definitions apply to this
subpart?
63.11427 Who implements and enforces
this subpart?
Applicability and Compliance Dates
ycherry on PROD1PC64 with PROPOSALS2
§ 63.11421
Am I subject to this subpart?
(a) You are subject to this subpart if
you own or operate a lead acid battery
manufacturing plant that is an area
source of hazardous air pollutants
(HAP) emissions.
(b) This subpart applies to each new
or existing affected source. The affected
source is each lead acid battery
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Comment
Owners and operators of subpart OOOOOO affected sources are No required to develop and implement a startup, shutdown, and malfunction plan.
Subpart OOOOOO does No require opacity and visible emissions standards.
Performance tests No required by subpart OOOOOO.
Continuous monitoring, as defined in subpart A, is No required by subpart
OOOOOO.
Subpart OOOOOO specifies Noification of Compliance Status requirements.
Except that the records specified in § 63.10(b)(2) are No required.
manufacturing plant. The affected
source includes all grid casting
facilities, paste mixing facilities, threeprocess operation facilities, lead oxide
manufacturing facilities, lead
reclamation facilities, and any other
lead-emitting operation that are
associated with the lead acid battery
manufacturing plant.
(1) An affected source is existing if
you commenced construction or
reconstruction of the affected source
before April 4, 2007.
(2) An affected source is new if you
commenced construction or
reconstruction of the affected source on
or after April 4, 2007.
(c) This subpart does not apply to
research and development facilities, as
defined in section 112(c)(7) of the Clean
Air Act (CAA).
(d) You are exempt from the
obligation to obtain a permit under 40
CFR part 70 or 40 CFR part 71, provided
you are not otherwise required by law
to obtain a permit under 40 CFR 70.3(a)
or 40 CFR 71.3(a). Notwithstanding the
previous sentence, you must continue to
comply with the provisions of this
subpart.
§ 63.11422
dates?
What are my compliance
(a) If you own or operate an existing
affected source, you must achieve
compliance with the applicable
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provisions in this subpart by no later
than 1 year after the date of publication
of the final rule in the Federal Register.
(b) If you start up a new affected
source on or before the date of
publication of the final rule in the
Federal Register, you must achieve
compliance with the applicable
provisions in this subpart not later than
the date of publication of the final rule
in the Federal Register.
(c) If you start up a new affected
source after the date of publication of
the final rule in the Federal Register,
you must achieve compliance with the
provisions in this subpart upon startup
of your affected source.
Standards and Compliance
Requirements
§ 63.11423 What are the standards and
compliance requirements for new and
existing sources?
(a) You must meet all the
requirements in 40 CFR 60.372, 60.373,
and 60.374, with the exception noted in
paragraph (b) of this section.
(b) Existing sources are not required
to conduct a performance test if a prior
performance test was conducted using
the same methods specified in 40 CFR
60.374 and either no process changes
have been made since the test, or you
can demonstrate that the results of the
performance test, with or without
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adjustments, reliably demonstrates
compliance despite process changes.
(c) Sources without a prior
performance test, as described in
paragraph (b) of this section, must
conduct a performance test using the
methods specified in 40 CFR 60.374 by
180 days after the compliance date.
§ 63.11424
[Reserved]
Other Requirements and Information
§ 63.11425 What General Provisions apply
to this subpart?
(a) The provisions in 40 CFR part 60,
subpart A, applicable to this subpart are
§§ 60.7 through 60.8, §§ 60.11 through
60.13, and § 60.17.
(b) The provisions in 40 CFR part 63,
subpart A, applicable to this subpart are
§§ 63.1 through 63.4, § 63.6(g), § 63.9(b)
through (d), § 63.9(h), and §§ 63.12
through 63.16.
§ 63.11426
subpart?
What definitions apply to this
The terms used in this subpart are
defined in the CAA; 40 CFR 60.371; 40
CFR 60.2 for terms used in the
applicable provisions of part 60, subpart
A, as specified in § 63.11425(a); and
§ 63.2 for terms used in the applicable
provisions of part 63, subpart A, as
specified in § 63.11425(b).
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§ 63.11427 Who implements and enforces
this subpart?
(a) This subpart can be implemented
and enforced by the U.S. EPA or a
delegated authority such as a State,
local, or tribal agency. If the U.S. EPA
Administrator has delegated authority to
a State, local, or tribal agency pursuant
to 40 CFR subpart E, then that Agency
has the authority to implement and
enforce this subpart. You should contact
your U.S. EPA Regional Office to find
out if this subpart is delegated to a State,
local, or tribal agency within your State.
(b) In delegating implementation and
enforcement authority of this subpart to
a State, local, or tribal agency under 40
CFR part 63, subpart E, the approval
authorities contained in paragraphs
(b)(1) through (4) of this section are
retained by the Administrator of the
U.S. EPA and are not transferred to the
State, local, or tribal agency.
(1) Approval of an alternative nonopacity emissions standard under
§ 63.6(g).
(2) Approval of a major change to test
methods under 40 CFR 60.8(b). A
‘‘major change to test method’’ is
defined in § 63.90.
(3) Approval of a major change to
monitoring under 40 CFR 60.13(i). A
‘‘major change to monitoring’’ is defined
in § 63.90.
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(4) Approval of a major change to
recordkeeping/reporting under 40 CFR
60.7(b) through (f). A ‘‘major change to
recordkeeping/reporting’’ is defined in
§ 63.90.
8. Part 63 is amended by adding
subpart QQQQQQ to read as follows:
(c) If you startup a new affected
source after the date of publication of
the final rule in the Federal Register,
you must achieve compliance with
applicable provisions in this subpart
upon initial startup.
Subpart QQQQQQ—National Emission
Standards for Hazardous Air Pollutants
for Wood Preserving Area Sources
§ 63.11430
Sec.
Applicability and Compliance Dates
63.11428 Am I subject to this subpart?
63.11429 What are my compliance dates?
Standards
63.11430 What are the standards?
63.11431 [Reserved]
Other Requirements and Information
63.11432 What General Provisions apply to
this subpart?
63.11433 What definitions apply to this
subpart?
63.11434 Who implements and enforces
this subpart?
Applicability and Compliance Dates
§ 63.11428
Am I subject to this subpart?
(a) You are subject to this subpart if
you own or operate a wood preserving
operation that is an area source of
hazardous air pollutant (HAP)
emissions.
(b) The affected source is each new or
existing wood preserving operation.
(1) An affected source is existing if
you commenced construction or
reconstruction of the affected source
before April 4, 2007.
(2) An affected source is new if you
commenced construction or
reconstruction of the affected source on
or after April 4, 2007.
(c) You are exempt from the
obligation to obtain a permit under 40
CFR part 70 or 40 CFR part 71, provided
you are not otherwise required by law
to obtain a permit under 40 CFR 70.3(a)
or 40 CFR 71.3(a). Notwithstanding the
previous sentence, you must continue to
comply with the provisions of this
subpart.
§ 63.11429
dates?
What are my compliance
(a) If you have an existing affected
source, you must achieve compliance
with applicable provisions in this
subpart by the date of publication of the
final rule in the Federal Register.
(b) If you startup a new affected
source on or before the date of
publication of the final rule in the
Federal Register, you must achieve
compliance with applicable provisions
in this subpart not later than the date of
publication of the final rule in the
Federal Register.
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Standards
What are the standards?
(a) If you use a pressure treatment
process with any wood preservatives
containing chromium, arsenic, dioxins,
or methylene chloride at a new or
existing area source, the preservatives
must be applied to the wood product
inside a retort or similarly enclosed
vessel.
(b) If you use a thermal treatment
process with any wood preservatives
containing chromium, arsenic, dioxins,
or methylene chloride at a new or
existing area source, the preservatives
must be applied using process treatment
tanks equipped with an air scavenging
system to control emissions.
(c) You must prepare and operate
according to a management practice
plan to minimize air emissions from the
preservative treatment of wood at a new
or existing area source. You may use
your standard operating procedures to
meet the requirements for a
management practice plan if it includes
the minimum activities required for a
management practice plan. The
management practice plan must
include, but is not limited to, the
following activities:
(1) Minimize preservative usage;
(2) Maintain records on the type of
treatment process and types and
amounts of wood preservatives used at
the facility;
(3) For the pressure treatment process,
maintain charge records identifying
pressure reading(s) inside the retorts (or
similarly enclosed vessel);
(4) For the thermal treatment process,
maintain records that the air scavenging
system is in place and operated properly
during the treatment process;
(5) Store treated wood product on
drip pads or in a primary containment
area to convey preservative drippage to
a collection system until drippage has
ceased;
(6) For the pressure treatment process,
fully drain the retort prior to opening
the retort door;
(7) Promptly collect any spills; and
(8) Perform relevant corrective actions
or preventative measures in the event of
a malfunction before resuming
operations.
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§ 63.11431
[Reserved]
Other Requirements and Information
§ 63.11432 What General Provisions apply
to this subpart?
(a) If you own or operate a new or
existing affected source, you must
comply with the requirements of the
General Provisions in 40 CFR part 63,
subpart A, according to Table 1 to this
subpart.
(b) You must submit an initial
notification of applicability required by
§ 63.9(a)(2) no later than 90 days after
the applicable compliance date
specified in § 63.11429. The initial
notification may be combined with the
notification of compliance status
required in paragraph (c) of this section.
The notification of applicability must
include the following information:
(1) The name and address of the
owner or operator;
(2) The address (i.e., physical
location) of the affected source; and
(3) An identification of the relevant
standard, or other requirement, that is
the basis of the notification and the
source’s compliance date.
(c) You must submit a notification of
compliance status required by § 63.9(h)
no later than 90 days after the
applicable compliance date specified in
§ 63.11429. Your notification of
compliance status must include this
certification of compliance, signed by a
responsible official, for the standards in
§ 63.11430: ‘‘This facility complies with
the management practices to minimize
air emissions from the preservative
treatment of wood in accordance with
§ 63.11430.’’
(d) You must report any deviation
from the requirements of this subpart
within 30 days of the deviation.
§ 63.11433
subpart?
What definitions apply to this
Terms used in this subpart are
defined in the Clean Air Act, § 63.2, and
in this section as follows:
Air scavenging system means an air
collection and control system that
collects and removes vapors from a
thermal treatment process vessel and
vents the emissions to a vapor recovery
tank that collects condensate from the
vapors.
Chromated copper arsenate (CCA)
means a chemical wood preservative
consisting of mixtures of water-soluble
chemicals containing metal oxides of
chromium, copper, and arsenic. CCA is
used in pressure treated wood to protect
wood from rotting due to insects and
microbial agents.
Deviation means any instance in
which an affected source subject to this
subpart, or an owner or operator of such
a source:
(1) Fails to meet any requirement or
obligation established by this subpart,
including but not limited to any
emissions limitation or management
practice;
(2) Fails to meet any term or condition
that is adopted to implement an
applicable requirement in this subpart
and that is included in the operating
permit for any affected source required
to obtain such a permit; or
(3) Fails to meet any emissions
limitation or management practice in
this subpart during startup, shutdown,
or malfunction, regardless of whether or
not such failure is permitted by this
subpart.
Pressure treatment process means a
wood treatment process involving an
enclosed vessel, usually a retort, and the
application of pneumatic or hydrostatic
pressure to expedite the movement of
preservative liquid into the wood.
Responsible official means
responsible official as defined in 40 CFR
70.2.
Retort means an airtight pressure
vessel, typically a long horizontal
cylinder, used for the pressure
impregnation of wood products with a
liquid wood preservative.
Thermal treatment process means a
non-pressurized wood treatment process
where the wood is exposed to a heated
preservative.
16675
Wood preserving means the pressure
or thermal impregnation of chemicals
into wood to provide effective long-term
resistance to attack by fungi, bacteria,
insects, and marine borers.
§ 63.11434 Who implements and enforces
this subpart?
(a) This subpart can be implemented
and enforced by the U.S. EPA or a
delegated authority such as a State,
local, or tribal agency. If the U.S. EPA
Administrator has delegated authority to
a State, local, or tribal agency pursuant
to 40 CFR subpart E, then that Agency
has the authority to implement and
enforce this subpart. You should contact
your U.S. EPA Regional Office to find
out if this subpart is delegated to your
State, local, or tribal agency.
(b) In delegating implementation and
enforcement authority of this subpart to
a State, local, or tribal agency under 40
CFR part 63, subpart E, the authorities
contained in paragraphs (b)(1) through
(4) of this section are retained by the
Administrator of the U.S. EPA and are
not transferred to the State, local, or
tribal agency.
(1) Approval of an alternative nonopacity emissions standard under
§ 63.6(g).
(2) Approval of a major change to test
methods under § 63.7(e)(2)(ii) and (f). A
‘‘major change to test method’’ is
defined in § 63.90
(3) Approval of a major change to
monitoring under § 63.8(f). A ‘‘major
change to monitoring’’ is defined in
§ 63.90.
(4) Approval of a major change to
recordkeeping/reporting under
§ 63.10(f). A ‘‘major change to
recordkeeping/reporting’’ is defined in
§ 63.90.
As required in § 63.11432, you must
comply with the requirements of the
NESHAP General Provisions (40 CFR
part 63, subpart A) as shown in the
following table.
TABLE 1 TO SUBPART QQQQQQ OF PART 63.—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART QQQQQQ
Applies to
subpart
QQQQQQ?
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Citation
Subject
63.1(a)(1), (a)(2), (a)(3), (a)(4),
(a)(6), (a)(10)–(a)(12) (b)(1),
(b)(3), (c)(1), (c)(2), (c)(5), (e).
63.1(a)(5), (a)(7)–(a)(9), (b)(2),
(c)(3), (c)(4), (d).
63.2 ...........................................
63.3 ...........................................
63.4 ...........................................
Applicability ..............................
Yes.
Reserved ..................................
No.
Definitions .................................
Units and Abbreviations ...........
Prohibited Activities and Circumvention.
Preconstruction Review and
Notification Requirements.
Yes.
Yes.
Yes.
63.5 ...........................................
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16676
Federal Register / Vol. 72, No. 64 / Wednesday, April 4, 2007 / Proposed Rules
TABLE 1 TO SUBPART QQQQQQ OF PART 63.—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART QQQQQQ—
Continued
Applies to
subpart
QQQQQQ?
Citation
Subject
63.6(a), (b)(1)–(b)(5), (b)(7),
(c)(1), (c)(2), (c)(5), (e)(1), (i),
(j).
63.6(e)(3)(i), (e)(3)(iii)–
(e)(3)(ix), (f), (g), (h)(1),
(h)(2), (h)(4), (h)(5)(i)–
(h)(5)(iii), (h)(v)(v), (h)(6)–
(h)(9).
63.6(b)(6), (c)(3), (c)(4), (d),
(e)(2), (e)(3)(ii), (h)(3),
(h)(5)(iv).
63.7 ...........................................
Compliance with Standards
and Maintenance Requirements.
...................................................
Yes.
Reserved ..................................
No.
Performance Testing Requirements.
Monitoring Requirements .........
No .............
Subpart QQQQQQ does not require performance tests.
No .............
Subpart QQQQQQ does not require monitoring of emissions.
Reserved ..................................
Notification Requirements ........
No.
Yes.
...................................................
Yes.
...................................................
Reserved ..................................
Recordkeeping and Reporting
Requirements.
No.
No.
No .............
Reserved ..................................
Control Device Requirements ..
State Authorities and Delegations.
Addresses ................................
Incorporations by Reference ....
Availability of Information and
Confidentiality.
Performance Track Provisions
No.
No .............
Yes.
63.8(a)(1), (a)(2), (a)(4), (b),
(c), (d), (e), (f), (g).
63.8(a)(3) ..................................
63.9(a), (b)(1), (b)(2), (b)(4),
(b)(5), (c), (d), (h)(1), (h)(6),
(i), (j).
63.9(b)(2)(i)–(b)(2)(v), (h)(2)(i)–
(h)(2)(ii), (h)(3), (h)(5).
63.9(e), (f), (g) ..........................
63.9(b)(3), (h)(4) .......................
63.10(a), (b), (c)(1), (c)(5)–
(c)(8), (c)(10)–(c)(14), (d),
(e), (f).
63.10(c)(2)–(c)(4), (c)(9) ...........
63.11 .........................................
63.12 .........................................
63.13 .........................................
63.14 .........................................
63.15 .........................................
63.16 .........................................
No .............
Explanation
Subpart QQQQQQ does not require startup, shutdown, and
malfunction plan or contain emission or opacity limits.
Subpart QQQQQQ establishes requirements for a report of deviations within 30 days.
Subpart QQQQQQ does not require flares.
Yes.
Yes.
Yes.
Yes.
[FR Doc. E7–5790 Filed 4–3–07; 8:45 am]
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04APP2
Agencies
[Federal Register Volume 72, Number 64 (Wednesday, April 4, 2007)]
[Proposed Rules]
[Pages 16636-16676]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-5790]
[[Page 16635]]
-----------------------------------------------------------------------
Part IV
Environmental Protection Agency
-----------------------------------------------------------------------
40 CFR Part 63
National Emission Standards for Hazardous Air Pollutants for Area
Sources: Acrylic and Modacrylic Fibers Production, Carbon Black
Production, Chemical Manufacturing: Chromium Compounds, Flexible
Polyurethane Foam Production and Fabrication, Lead Acid Battery
Manufacturing, and Wood Preserving; Proposed Rule
Federal Register / Vol. 72, No. 64 / Wednesday, April 4, 2007 /
Proposed Rules
[[Page 16636]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[EPA-HQ-OAR-2006-0897; FRL-8293-2]
RIN 2060-AN44
National Emission Standards for Hazardous Air Pollutants for Area
Sources: Acrylic and Modacrylic Fibers Production, Carbon Black
Production, Chemical Manufacturing: Chromium Compounds, Flexible
Polyurethane Foam Production and Fabrication, Lead Acid Battery
Manufacturing, and Wood Preserving
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing six national emissions standards for
hazardous air pollutants for seven area source categories. The proposed
emissions standards and associated requirements for two area source
categories (Flexible Polyurethane Foam Production and Flexible
Polyurethane Foam Fabrication) are combined in one subpart. The
proposed emissions standards for new and existing sources are based on
EPA's proposed determination as to what constitutes the generally
available control technology or management practices for each area
source category.
DATES: Comments must be received on or before May 4, 2007, unless a
public hearing is requested by April 16, 2007. If a hearing is
requested on the proposed rules, written comments must be received by
May 21, 2007. Under the Paperwork Reduction Act, comments on the
information collection provisions must be received by OMB on or before
May 4, 2007.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2006-0897 by one of the following methods:
www.regulations.gov: Follow the on-line instructions for
submitting comments.
E-mail: a-and-r-docket@epa.gov.
Fax: (202) 566-1741.
Mail: National Emission Standards for Hazardous Air
Pollutants for Area Sources: Acrylic and Modacrylic Fibers Production,
Carbon Black Production, Chemical Manufacturing: Chromium Compounds,
Flexible Polyurethane Foam Production and Fabrication, Lead Acid
Battery Manufacturing, and Wood Preserving Docket, Environmental
Protection Agency, Mailcode: 6102T, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460. Please include a total of two copies. In
addition, please mail a copy of your comments on the information
collection provisions to the Office of Information and Regulatory
Affairs, Office of Management and Budget (OMB), Attn: Desk Officer for
EPA, 725 17th St., NW., Washington, DC 20503.
Hand Delivery: EPA Docket Center, Public Reading Room, EPA
West, Room 3334, 1301 Constitution Ave., NW., Washington, DC 20460.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Note: The EPA Docket Center suffered damage due to flooding
during the last week of June 2006. The Docket Center is continuing
to operate. However, during the cleanup, there will be temporary
changes to Docket Center telephone numbers, addresses, and hours of
operation for people who wish to make hand deliveries or visit the
Public Reading Room to view documents. Consult EPA's Federal
Register notice at 71 FR 38147 (July 5, 2006) or the EPA Web site at
https://www.epa.gov/epahome/dockets.htm for current information on
docket operations, locations and telephone numbers.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2006-0897. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be confidential
business information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or e-mail.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through www.regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD-ROM you submit. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy
form. Publicly available docket materials are available either
electronically in www.regulations.gov or in hard copy at the National
Emission Standards for Hazardous Air Pollutants for Area Sources:
Acrylic and Modacrylic Fibers Production, Carbon Black Production,
Chemical Manufacturing: Chromium Compounds, Flexible Polyurethane Foam
Production and Fabrication, Lead Acid Battery Manufacturing, and Wood
Preserving Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave.,
NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Public Reading Room is (202) 566-1744, and the
telephone number for the Air Docket is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: Ms. Sharon Nizich, Sector Policies and
Programs Division, Office of Air Quality Planning and Standards (D243-
02), Environmental Protection Agency, Research Triangle Park, North
Carolina 27711, telephone number: (919) 541-2825; fax number: (919)
541-3207; e-mail address: nizich.sharon@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
The regulated categories and entities potentially affected by the
proposed standards include:
------------------------------------------------------------------------
Examples of regulated
Category NAICS code \1\ entities
------------------------------------------------------------------------
Industry:
Acrylic and modacrylic 325222 Area source facilities
fibers production. that manufacture
polymeric organic
fibers using
acrylonitrile as a
primary monomer.
[[Page 16637]]
Carbon black production.... 325182 Area source facilities
that manufacture
carbon black using the
furnace, thermal, or
acetylene
decomposition process.
Chemical manufacturing: 325188 Area source facilities
chromium compounds. that produce chromium
compounds, principally
sodium dichromate,
chromic acid, and
chromic oxide, from
chromite ore.
Flexible polyurethane foam 326150 Area source facilities
production. that manufacture foam
made from a
polyurethane polymer.
Flexible polyurethane foam 326150 Area source facilities
fabrication operations. that cut or bond
flexible polyurethane
foam pieces together
or to other
substrates.
Lead acid battery 335911 Area source facilities
manufacturing. that manufacture lead
acid storage batteries
made from lead alloy
ingots and lead oxide.
Wood preserving............ 321114 Area source facilities
that treat wood such
as lumber, ties,
poles, posts, or
pilings with a
preservative.
------------------------------------------------------------------------
\1\ North American Industry Classification System.
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be affected by this
action. To determine whether your facility would be regulated by this
action, you should examine the applicability criteria in 40 CFR
63.11393 of subpart LLLLLL (NESHAP for Acrylic and Modacrylic Fibers
Production Area Sources), 40 CFR 63.11400 of subpart MMMMMM (NESHAP for
Carbon Black Production Area Sources), 40 CFR 63.11407 of subpart
NNNNNN (NESHAP for Chemical Manufacturing Area Sources: Chromium
Compounds), 40 CFR 63.11414 of subpart OOOOOO (NESHAP for Flexible
Polyurethane Foam Production and Fabrication Area Sources), 40 CFR
63.11421 of subpart PPPPPP (NESHAP for Lead Acid Battery Manufacturing
Area Sources), or 40 CFR 63.11428 of subpart QQQQQQ (NESHAP for Wood
Preserving Area Sources). If you have any questions regarding the
applicability of this action to a particular entity, consult either the
air permit authority for the entity or your EPA regional representative
as listed in 40 CFR 63.13 of subpart A (General Provisions).
B. What should I consider as I prepare my comments to EPA?
Do not submit information containing CBI to EPA through
www.regulations.gov or e-mail. Send or deliver information identified
as CBI only to the following address: Roberto Morales, OAQPS Document
Control Officer (C404-02), Office of Air Quality Planning and
Standards, Environmental Protection Agency, Research Triangle Park,
North Carolina 27711, Attention Docket ID EPA-HQ-OAR-2006-0897. Clearly
mark the part or all of the information that you claim to be CBI. For
CBI information in a disk or CD ROM that you mail to EPA, mark the
outside of the disk or CD ROM as CBI and then identify electronically
within the disk or CD ROM the specific information that is claimed as
CBI. In addition to one complete version of the comment that includes
information claimed as CBI, a copy of the comment that does not contain
the information claimed as CBI must be submitted for inclusion in the
public docket. Information so marked will not be disclosed except in
accordance with procedures set forth in 40 CFR part 2.
C. Where can I get a copy of this document?
In addition to being available in the docket, an electronic copy of
this proposed action will also be available on the Worldwide Web (WWW)
through the Technology Transfer Network (TTN). Following signature, a
copy of this proposed action will be posted on the TTN's policy and
guidance page for newly proposed or promulgated rules at the following
address: https://www.epa.gov/ttn/oarpg/. The TTN provides information
and technology exchange in various areas of air pollution control.
D. When would a public hearing occur?
If anyone contacts EPA requesting to speak at a public hearing
concerning the proposed rules by April 16, 2007, we will hold a public
hearing on April 19, 2007. If you are interested in attending the
public hearing, contact Ms. Pamela Garrett at (919) 541-7966 to verify
that a hearing will be held.
E. How is this document organized?
The supplementary information presented in this preamble is
organized as follows:
I. General Information
A. Does this action apply to me?
B. What should I consider as I prepare my comments to EPA?
C. Where can I get a copy of this document?
D. When would a public hearing occur?
E. How is this document organized?
II. Background Information for Proposed Area Source Standards
III. Proposed Area Source NESHAP for Acrylic and Modacrylic Fibers
Production
A. What area source category is affected by the proposed NESHAP?
B. What are the production processes and emissions points at
facilities that manufacture acrylic and modacrylic fibers?
C. What are the proposed requirements for area sources?
D. What is our rationale for selecting the proposed standards
for area sources?
IV. Proposed Area Source NESHAP for Carbon Black Production
A. What area source category is affected by the proposed NESHAP?
B. What are the production processes and emissions points at
facilities that manufacture carbon black?
C. What are the proposed requirements for area sources?
D. What is our rationale for selecting the proposed standards
for area sources?
V. Proposed Area Source NESHAP for Chemical Manufacturing: Chromium
Compounds
A. What area source category is affected by the proposed NESHAP?
B. What are the production processes and emissions points at
facilities that manufacture chromium compounds?
C. What are the proposed requirements for area sources?
D. What is our rationale for selecting the proposed standards
for area sources?
VI. Proposed Area Source NESHAP for Flexible Polyurethane Foam
Production and Fabrication
A. What area source categories are affected by the proposed
NESHAP?
B. What are the production processes and emissions points for
flexible polyurethane foam and fabrication?
C. What are the proposed requirements for area sources?
D. What is our rationale for selecting the proposed standards
for area sources?
VII. Proposed Area Source NESHAP for Lead Acid Battery Manufacturing
A. What area source category is affected by the proposed NESHAP?
B. What are the production processes and emissions points at
facilities that manufacture lead acid batteries?
C. What are the proposed requirements for area sources?
D. What is our rationale for selecting the proposed standards
for area sources?
[[Page 16638]]
VIII. Proposed Area Source NESHAP for Wood Preserving
A. What area source category is affected by the proposed NESHAP?
B. What are the production processes and emissions points at
wood preserving facilities?
C. What are the proposed requirements for area sources?
D. What is our rationale for selecting the proposed standards
for area sources?
IX. Proposed Exemption of Certain Area Source Categories From Title
V Permitting Requirements
X. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination with
Indian Tribal Governments
G. Executive Order 13045: Protection of Children from
Environmental Health and Safety Risks
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
I. National Technology Transfer Advancement Act
J. Executive Order 12898: Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations
II. Background Information for Proposed Area Source Standards
Section 112(k)(3)(B) of the Clean Air Act (CAA) requires EPA to
identify at least 30 hazardous air pollutants (HAP) that pose the
greatest potential health threat in urban areas, and section 112(c)(3)
requires EPA to regulate the area source \1\ categories that represent
90 percent of the emissions of the 30 ``listed'' HAP (``urban HAP'').
We implemented these listing requirements through the Integrated Urban
Air Toxics Strategy (64 FR 38715, July 19, 1999).\2\ Sierra Club sued
EPA, alleging a failure to complete standards for the source categories
listed pursuant to CAA section 112(c)(3) within the timeframe specified
by the statute. See Sierra Club v. Johnston, No. 01-1537, (D.D.C.). On
March 31, 2006, the court issued an order requiring EPA to promulgate
standards under CAA section 112(d) for those area source categories
listed pursuant to CAA section 112(c)(3).
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\1\ An area source is a stationary source of HAP emissions that
is not a major source. A major source is a stationary source that
emits or has the potential to emit 10 tons per year (tpy) or more of
any HAP or 25 tpy or more of any combination of HAP.
\2\ Since its publication in the Integrated Urban Air Toxics
Strategy in 1999, the area source category list has undergone
several amendments.
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Among other things, the order requires that, by June 15, 2007, EPA
complete standards for six area source categories. We have selected
seven area source categories to meet this obligation even though
standards are required for only six area sources categories. The seven
area source categories that we have selected to meet this obligation
are: (1) Acrylic and Modacrylic Fibers Production; (2) Carbon Black
Production; (3) Chemical Manufacturing: Chromium Compounds; (4)
Flexible Polyurethane Foam Production; (5) Flexible Polyurethane Foam
Fabrication Operations; (6) Lead Acid Battery Manufacturing; and (7)
Wood Preserving.
We listed Flexible Polyurethane Foam Fabrication Operations as an
area source category under CAA section 112(c)(3) as part of the 1999
Integrated Urban Strategy (64 FR 38721, July 19, 1999). On June 26,
2002, we amended the area source category list by adding source
categories, including Acrylic and Modacrylic Fibers Production,
Flexible Polyurethane Foam Production, Lead Acid Battery Manufacturing,
and Wood Preserving (67 FR 43112, 43113). On November 22, 2002, we
added Carbon Black Production and Chemical Manufacturing: Chromium
Compounds to the area source category list (67 FR 70427, 70428).
The inclusion of each of these source categories on the section
112(c)(3) area source category list is based on 1990 emissions data, as
EPA used 1990 as the baseline year for that listing. The Acrylic and
Modacrylic Fibers area source category listing was based on emissions
of the HAP acrylonitrile (AN). Emissions of chromium were the basis for
the listing of the Chemical Manufacturing: Chromium Compounds source
category. The Lead Acid Battery Manufacturing area source category
listing was based on emissions of lead and cadmium. The listing of
Carbon Black Production was based on HAP emissions of polycyclic
organic matter (POM). The listings of Flexible Polyurethane Foam
Production and Flexible Polyurethane Foam Fabrication Operations were
based on HAP emissions of methylene chloride, and the listing of Wood
Preserving was based on HAP emissions of arsenic, chromium, methylene
chloride, and dioxin.
Under CAA section 112(d)(5), the Administrator may, in lieu of
standards requiring maximum achievable control technology (MACT) under
section 112(d)(2), elect to promulgate standards or requirements for
area sources ``which provide for the use of generally available control
technologies or management practices by such sources to reduce
emissions of hazardous air pollutants.'' Under section 112(d)(5), the
Administrator has the discretion to use generally available control
technology or management practices (GACT) in lieu of MACT. Pursuant to
section 112(d)(5), we have decided not to issue MACT standards and
concluded that GACT is appropriate for these seven source categories.
Legislative history describes GACT as standards or requirements
reflecting application of generally available control technology or
management practices, that is, ``methods, practices and techniques
which are commercially available and appropriate for application by the
sources in the category considering economic impacts and the technical
capabilities of the firms to operate and maintain the emissions control
systems'' (Senate Report Number 101-228, December 20, 1989). Consistent
with the legislative history, in addition to considering technical
capabilities of the facilities and the availability of control
measures, we may consider costs and economic impacts in determining
GACT, which is particularly important when developing regulations for
source categories that may have few establishments and many small
businesses, or when determining whether additional control is necessary
for sources with emissions that are already well controlled as a result
of other existing or applicable standards.
Determining what constitutes GACT involves considering the control
technologies and management practices that are generally available to
the area sources in the source category. We also consider the standards
applicable to major sources in the same industrial sector to determine
if the control technologies and management practices are transferable
and generally available to area sources. In appropriate circumstances,
we may also consider technologies and practices at area and major
sources in similar categories to determine whether such technologies
and practices could be considered generally available for the area
source category at issue. Finally, as noted above, in determining GACT
for a particular area source category, we consider the costs and
economic impacts of available control technologies and management
practices on that category.
Existing facilities in the area source categories at issue in this
proposal are currently well controlled as a result of State and
national standards and permitting requirements for criteria pollutants
that obtain co-control of HAP. There is only one area source plant in
the U.S. in the Acrylic and Modacrylic Fibers Production area
[[Page 16639]]
source category, and this plant is currently subject to State permit
requirements. The two area source plants that manufacture chromium
compounds and the one area source plant in the Carbon Black Production
area source category are well controlled as a result of title V permit
requirements for the control of criteria pollutants, which provide co-
control of urban HAP. We believe that all of the 58 area source plants
in the Lead Acid Battery Manufacturing area source category can achieve
the requirements of the new source performance standard (NSPS) for
lead-acid battery manufacturing plants at 40 CFR part 60, subpart KK.
Facilities constructed, reconstructed, or modified after 1982 are
already subject to the NSPS.
There are hundreds of facilities in the Flexible Polyurethane Foam
Production and Flexible Polyurethane Foam Fabrication area source
categories, which were listed because of the use of methylene chloride.
The vast majority of these facilities no longer use methylene chloride
in the processes for several reasons, including State air emissions
standards and worker exposure limits established by the Occupational
Safety and Health Administration (OSHA).
There are approximately 400 area source facilities in the wood
preserving area source category. All of these facilities are well
controlled in terms of metal HAP (i.e., chromium and arsenic) emissions
and dioxin emissions. These facilities have also discontinued the use
of methylene chloride.
III. Proposed Area Source NESHAP for Acrylic and Modacrylic Fibers
Production
A. What area source category is affected by the proposed NESHAP?
The Acrylic and Modacrylic Fibers Production area source category
consists of facilities engaged in the manufacture of synthetic fibers
made from AN. Acrylic fibers are synthetic fibers in which the fiber-
forming substance is any long-chain synthetic polymer composed of at
least 85 percent by weight of AN. Modacrylic fibers are composed of 35
to 85 percent by weight of AN.
There are currently four plants in the U.S. that are known to
produce acrylic and modacrylic fibers. Three of these plants are major
sources. The fourth plant is an area source and is located in an urban
area (Decatur, Alabama). The area source plant produces
polyacrylonitrile that is primarily used as a feed stock for the
production of carbon fibers.
B. What are the production processes and emissions points at facilities
that manufacture acrylic and modacrylic fibers?
Acrylonitrile is the only urban HAP that was reported to be
released during the production of acrylic and modacrylic fibers at the
one known existing area source plant. The AN is fed to a polymerization
reactor where the reaction (polymerization) takes place. The area
source plant uses a suspension process in which insoluble beads of
polymer are formed in the reactor. Residual unreacted AN is removed
from the polymer in a monomer recovery column and is recycled to the
process. After removal of the residual AN, the resulting polymer is
spun into fibers. Fibers are formed by forcing the viscous polymer
solution, referred to as ``dope,'' through the small orifices of a
spinnerette and immediately solidifying or precipitating the resulting
filaments.
At the area source plant, two 100,000 gallon storage tanks that
receive the purchased AN monomer are controlled by internal floating
roofs and are subject to the NSPS for volatile organic liquids (40 CFR
part 60, subpart Kb). A packed column scrubber controls emissions from
the polymerization process equipment, including storage tanks,
recovered monomer tanks, monomer measuring tanks, monomer preparation
tanks, monomer feed tanks, slurry receiver tanks, polymerization
reactors, and drum filters. A second packed column scrubber controls
emissions from the monomer recovery process, including polymer holding
tanks, polymer buffer tanks, the monomer vacuum pump flush drum, and
the drum filter vacuum pump flush drum.
Many of the pumps which move AN at this facility are canned motor
pumps, which have no shaft protrusion to seal. The common leak point on
other types of pumps is the seal for the shaft protrusion;
consequently, canned motor pumps by design reduce leakage. Most of the
piping is connected by welding rather than flanges, which reduces
emissions from pipe connectors.
C. What are the proposed requirements for area sources?
1. Applicability and Compliance Dates
These proposed NESHAP apply to any existing or new acrylic or
modacrylic fibers production plant that is an area source. We are
proposing that owners or operators of existing sources comply with all
the requirements of the area source NESHAP by 6 months after the date
of publication of the final rule in the Federal Register. A new
affected source would be required to comply by the date of publication
of the final rule in the Federal Register or upon initial startup,
whichever is later.
2. Proposed Emissions Standards
Existing sources. The proposed standards for existing area sources
apply to process vents from the polymerization process, process vents
from monomer recovery, spinning lines at plants that do not have a
monomer recovery process, and AN storage tanks. We are proposing to
adopt the State permit requirements applicable to the one existing area
source as the NESHAP for existing acrylic and modacrylic fiber
production area sources. The State operating permit for the existing
area source establishes numerical limits for AN emissions from the
control devices for polymerization process equipment and monomer
recovery process equipment. The permit also establishes operating
limits for the scrubbers.
The control device for polymerization process equipment would be
subject to an AN emissions limit of 0.2 pound per hour (lb/hr). A
control device operating limit would require a minimum daily average
water flow rate to the scrubber of 50 liters per minute (l/min). The
control device for emissions from the monomer recovery process
equipment would be subject to an AN emissions limit of 0.05 lb/hr, and
the daily average water flow rate must not drop below 30 l/min.
This proposed rule does not include requirements for spinning lines
for existing sources that remove residual AN using a monomer recovery
process prior to spinning. (See section D.1 of this preamble.) However,
existing sources that do not have a monomer recovery process prior to
spinning must meet the requirements for spinning lines in 40 CFR part
63, subpart YY.
This proposed NESHAP for existing sources would require that AN
storage tanks meeting certain capacity/vapor pressure conditions comply
with one of three control options: (1) A fixed roof in combination with
an internal floating roof, (2) an external floating roof, or (3) a
closed vent system and control device.
New sources. The proposed standards for new area sources apply to
process vents, fiber spinning lines, AN storage tanks, process
wastewater, maintenance wastewater, and equipment leaks. The proposed
process vent requirements apply to each vent stream with an AN
concentration of 50 parts per million by volume (ppmv) or greater and a
flow rate of 0.005 cubic meters per minute or greater. The owner or
operator would be required to control AN emissions from process vents
meeting this applicability criteria by reducing uncontrolled
[[Page 16640]]
emissions by 98 weight percent or meeting an emissions limit (20 ppmv)
by venting vapors through a closed vent system to a recovery device,
control device, or flare. The owner or operator would be required to
determine which process vents meet the applicability criteria by using
the procedures and methods in Sec. 63.1104 of subpart YY. The closed
vent system, recovery or control device, and flare would be subject to
the applicable testing, monitoring, recordkeeping, and reporting
requirements in 40 CFR part 63, subpart SS. The owner or operator would
be required to submit a monitoring plan if another type of control
device is used.
The proposed emissions limits for fiber spinning lines at new
sources require the owner or operator to: (1) Reduce AN emissions by 85
weight-percent (e.g., by venting emissions from a total enclosure
through a closed vent system to a control device that meets the
requirements in 40 CFR part 63, subpart SS), (2) reduce AN emissions
from the spinning line to 0.5 pounds of AN per ton (lb/ton) of acrylic
and modacrylic fiber produced, or (3) reduce the AN concentration of
the spin dope to less than 100 parts per million by weight (ppmw). The
requirements in 63.1103(b)(4) of subpart YY would apply to an enclosure
for a fiber spinning line.
For all AN storage vessels at a new area source, the owner or
operator would be required to: (1) Reduce AN emissions by 98 weight-
percent by venting emissions through a closed vent system to any
combination of control devices as specified in Sec. 63.982(a)(1) of
subpart SS or reduce AN emissions by 95 weight-percent or greater by
venting emissions through a closed system to a recovery device as
specified in Sec. 63.993 of subpart SS; or (2) comply with the
equipment standards for internal or external floating roofs in 40 CFR
part 63, subpart WW.
Process wastewater and maintenance wastewater at new sources would
be subject to the requirements in Sec. 63.1106(a) and (b) of subpart
YY. The owner or operator would also be required to comply with the
equipment leak requirements in subpart YY. Subpart YY applies the
requirements in either subpart TT or UU to equipment that contains or
contacts 10 percent by weight or greater of AN and that operates at
least 300 hours per year.
3. Compliance Requirements
We are proposing to include in this proposed NESHAP the monitoring,
testing, recordkeeping, and reporting requirements in the State
operating permit for the existing area source. Continuous parameter
monitoring systems (CPMS) would be required to measure and record the
scrubber water flow rates at least every 15 minutes. The owner or
operator would determine compliance with the daily average operating
limits for the scrubber water flow rates on a monthly basis and submit
quarterly compliance reports to EPA or the delegated authority.
Compliance with the operating limits would be determined on a monthly
basis; quarterly compliance reports also would be required. The owner
or operator would be required to keep records of each monthly
compliance determination and retain the records for at least 2 years
following the date of each compliance determination. If the daily
average water flow rate falls below the operating limit, the owner or
operator must notify EPA or the delegated authority within 10 days of
the identification of the exceedance.
The owner or operator of an existing source would be required to
conduct a performance test for each control device for polymerization
process equipment and monomer recovery process equipment. A performance
test would not be required for an existing source if a prior
performance test has been conducted using the methods required by this
rule, which are the requirements contained in Sec. 63.1104 of subpart
YY, and either no process changes have been made since the test, or the
owner or operator can demonstrate that the results of the performance
test, with or without adjustments, reliably demonstrate compliance
despite process changes.
For AN storage tanks at existing sources, the owner or operator
would be required to comply with the applicable testing, inspection,
and notification procedures in 40 CFR 60.113b(a) and the recordkeeping
and reporting requirements in 40 CFR 60.115b and 60.116b of subpart Kb.
The testing, monitoring, recordkeeping, and reporting requirements in
40 CFR part 65, subpart C would apply if the owner or operator selected
to comply with the part 65 control option for AN storage tanks. See 40
CFR 60.110b(e).
The owner or operator of an existing area source would be required
to comply with certain notification requirements in 40 CFR 63.9 of the
General Provisions (40 CFR part 63, subpart A). These requirements
would include a notification of applicability and a notification of
compliance status. We are also proposing that the owner or operator
comply with the requirements for startup, shutdown, and malfunction
(SSM) plans, reports, and records in 40 CFR 63.6(e)(3).
In the notification of compliance status required in 40 CFR
63.9(h), the owner or operator of an existing source may certify
initial compliance with the emissions limits based on a previous
performance test if applicable. The owner or operator must also certify
initial compliance with the NSPS requirements in 40 CFR part 60,
subpart Kb.
The owner or operator of a new area source would be required to
perform assessments \3\ to identify affected process vents, equipment,
and wastewater streams; conduct initial performance tests and/or
compliance demonstrations; and comply with the monitoring, inspection,
recordkeeping, and reporting requirements in each applicable subpart.
The testing, monitoring, recordkeeping, and reporting requirements in
the subparts described above, which we are adopting in this proposed
rule, vary according to the emissions point and control option (e.g.,
subpart SS for process vents). The owner or operator of a new area
source would also be required to comply with all of the NESHAP General
Provisions (40 CFR part 63, subpart A), including requirements for
notifications; performance tests and reports; SSM plans and reports;
recordkeeping, and reporting. We have identified in the proposed NESHAP
the General Provisions of 40 CFR part 63 applicable to existing and new
sources.
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\3\ These assessments are used to determine which process vents
and wastewater streams must be controlled.
---------------------------------------------------------------------------
D. What is our rationale for selecting the proposed standards for area
sources?
1. Selection of Proposed Standards
Existing sources. The process vents at the existing area source
plant are controlled by packed bed scrubbers and are subject to
emissions limits established in the State operating permit. Emissions
from the polymerization process equipment are limited to 0.2 lb/hr.
This process equipment includes process storage tanks, recovered
monomer tanks, monomer measuring tanks, monomer preparation tanks,
monomer feed tanks, the polymerization reactors, and drum filter.
Emissions from the monomer recovery process equipment are limited to
0.05 lb/hr. These process units include the polymer holding tank,
polymer buffer tank, monomer vacuum pump flush drum, and the drum
filter vacuum pump flush drum. Test data for these two process vents
show that the vents are well controlled because the
[[Page 16641]]
facility achieves the level of control required for major sources
subject to 40 CFR part 63, subpart YY. We have determined that the
State operating permit limits are GACT for process vents at existing
area sources.
The fiber spinning line at the existing area source plant is not a
source of AN emissions because the residual monomer is stripped from
the polymer in a monomer recovery column prior to spinning. However,
other existing facilities might become area sources in the future, and
they might not have a monomer recovery process. Consequently, we are
proposing that any existing source without a monomer recovery process
must reduce the residual AN concentration in the polymer by removing
residual monomer prior to spinning or install an enclosure for the
spinning line and vent the emissions to a control device. Existing area
sources without a monomer recovery process must meet requirements for
fiber spinning lines in 40 CFR part 63, subpart YY. We have determined
that the requirements in 40 CFR part 63, subpart YY are GACT for
existing area sources without a monomer recovery process.
The AN storage tanks at the existing area source plant are subject
to the NSPS for volatile organic liquids (40 CFR part 60, subpart Kb).
The NSPS requires that a storage tank meeting certain capacity/vapor
pressure conditions comply with either the requirements for storage
vessels in subpart C of 40 CFR part 65 (Consolidated Federal Air Rules)
or the NSPS requirements for a fixed roof in combination with an
internal floating roof, an external floating roof, or a closed vent
system and control device. The AN storage tanks at the existing area
source are equipped with internal floating roofs to comply with the
NSPS requirements. The controls in the NSPS are currently being applied
to AN storage tanks and are the types of controls generally applied to
tanks storing volatile organic liquids. Consequently, we determined
that the controls required by the NSPS are GACT for storage tanks at
existing sources.
The potential for emissions from equipment leaks is low at the
existing area source plant because of the use of canned motor pumps and
pipes connected in large part by welding rather than flanges. A
fugitive emissions survey using EPA's protocol for estimating emissions
from equipment leaks coupled with capture and measurement of leaks
resulted in estimated emissions of only 0.5 tpy of AN (assuming any
leak that was detected emitted for the full year). A leak detection and
repair program for this plant would cost several thousand dollars in
labor and in capital for the monitoring equipment. After considering
the low level of current emissions, the additional costs, and the small
emissions reduction that would be achieved by a leak detection and
repair program, we propose that GACT for existing area sources is no
additional control for equipment leaks.
Wastewater at the existing plant is sent to a biological treatment
unit to degrade AN. Emissions of organic compounds from wastewater can
be reduced by steam stripping the wastewater to remove and recover the
organics. We estimate that the capital cost of steam stripping to
remove AN from the wastewater at the existing area source plant is
$700,000 with a total annualized cost of $630,000 per year. Even
assuming 90 percent removal by the steam stripper, the emissions
reduction would be 7 tons per year. We propose to conclude that
pretreatment using steam stripping is not GACT because of the high cost
effectiveness of processing a low concentration stream with a high
volumetric flow rate. This conclusion is consistent with previous cost
effectiveness analyses such as those performed for major sources where
EPA determined that it is not cost effective to apply controls to
wastewater below certain cutoffs (e.g., a concentration less than 1,000
ppmw and a flow rate less than 10 liters per minute (57 FR 62608,
December 31, 1992). The process wastewater at the existing area source
is below these cutoffs. Consequently, we are not proposing additional
controls for wastewater at the existing area source plant and conclude
that GACT is the current level of control.
We are alternatively proposing that GACT for this existing area
source is no further emission reduction. We request comment on the
basis, consistent with section 112(d)(5), for asserting that GACT is no
further control for the existing source. We request comment on this
issue because the standard proposed above will not result in any
emission reductions beyond what is already required by the State permit
to which the existing facility is already subject.
New Sources. Test results for the control devices applied to
process vents at the existing area source show that a standard of 98
weight-percent reduction or an outlet concentration of 20 ppmv or less
has been achieved by the controls we propose as GACT at the existing
source.\4\ Consequently, we are proposing that GACT for process vents
at a new area source is a 98 weight-percent reduction of AN emissions,
an outlet concentration of 20 ppmv or less, or venting emissions to a
flare. This format of the proposed standard is more appropriate for new
sources than a process vent limit expressed in lb/hr (as applied to the
existing area source) because we do not know what the size,
configuration, or emissions potential of a new source might be.
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\4\ This is also the level of control that major sources must
meet for process vents.
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As discussed earlier, the fiber spinning line at the existing area
source plant is not a source of AN emissions because the residual
monomer is stripped from the polymer in a monomer recovery column prior
to spinning. However, we cannot be certain what process configuration a
new source might use or that it would have a monomer recovery system.
Consequently, we are proposing that a new source must reduce the
residual AN concentration in the polymer by removing residual monomer
prior to spinning or install an enclosure for the spinning line and
vent the emissions to a control device. Data from acrylic and
modacrylic fiber production indicates that a monomer recovery system
can reduce the AN concentration in the spin dope to less than 100 ppmw,
which we are proposing as GACT for new area sources. We are proposing
alternatives to the AN residual concentration limit for new sources
that are the same as the alternatives that are available for major
sources in 40 CFR part 63, subpart YY. One alternative is to reduce AN
emissions from the spinning line by 85 weight-percent or more. The
second alternative is to reduce AN emissions from the spinning line to
less than or equal to 0.5 lb/ton of acrylic and modacrylic fiber
produced.
For storage tanks at new area sources, we are proposing to adopt
the requirements in 40 CFR part 63, subpart YY. These requirements have
been applied to AN storage tanks at other acrylic and modacrylic fiber
plants and represent GACT for new sources because they are cost
effective and can be easily included in the design and construction of
a new source.
We also evaluated emissions controls and management practices for
equipment leaks at new sources. We know that equipment leaks are well
controlled at the existing area source facility; however, we do not
know with assurance that a new source will have primarily leakless
equipment. In addition, our studies of synthetic organic chemical
plants indicate that leak inspection and repair requirements are cost
effective and not overly burdensome. Consequently, we are
[[Page 16642]]
proposing that new area sources be subject to the same equipment leak
provisions as those applied to major sources in 40 CFR part 63, subpart
YY.
For wastewater streams at new area sources, we do not know what
flow rates, concentrations and emissions potential might occur, but our
studies of wastewater treatment controls indicate that it is cost
effective to control these emissions when the concentration of AN is
high. For example, at most acrylic and modacrylic fiber plants, all
wastewater streams with a concentration of 10,000 parts per million by
weight (ppmw) or more must be controlled, as well as streams with both
a concentration of 1,000 ppmw or more and a flow rate of 10 l/min or
more. Controls are not required for wastewater streams below these
cutoffs because they are not cost effective. Thus we are proposing that
GACT for new sources is the control of wastewater streams that exceed
the cutoffs of concentration and/or flow rate as specified in subpart
YY.
2. Selection of Proposed Compliance Requirements
We have reviewed the compliance requirements in the State operating
permit, the NSPS for volatile organic liquid storage tanks, and other
requirements that apply to the existing area source plant, and we
propose that these requirements are sufficient to ensure compliance
with the proposed emissions standards. Therefore, we are proposing to
include the inspection, monitoring, recordkeeping, and reporting
requirements that apply to the existing area source plant in this
proposed rule for existing sources.
We are proposing to require that an existing area source be subject
to certain notification requirements in the NESHAP General Provisions
(40 CFR part 63, subpart A). Because permit information for the
existing facility does not identify requirements for an SSM plan, we
are also proposing to require the owner or operator of an existing area
source to comply with the SSM requirements in 40 CFR 63.6(e)(3). We are
proposing to allow additional time (6 months after promulgation) to
allow for preparation of the plan.
We have also reviewed the compliance requirements in the subparts
of part 63 that would apply to process vents, storage tanks, equipment
leaks, and wastewater at new area sources as a result of this proposed
rule. These requirements are sufficient to ensure compliance with the
proposed emissions limits and management practices. Therefore, we are
proposing to include the testing, monitoring, recordkeeping, and
reporting requirements in each applicable subpart in this proposed rule
for new sources.
We are also proposing to apply to new sources the notification,
testing, monitoring, operation and maintenance, recordkeeping, and
reporting requirements in the part 63 General Provisions (40 CFR part
63, subpart A). The General Provisions are necessary for effective
application of the standard for new area sources and are, therefore,
incorporated into the proposed rule. We propose that these requirements
are sufficient to ensure compliance with the proposed emissions limits
and management practices for new sources.
IV. Proposed Area Source NESHAP for Carbon Black Production
A. What area source category is affected by the proposed NESHAP?
The Carbon Black Production area source category includes any
facility that produces carbon black by the furnace black process,
thermal black process, or the acetylene decomposition process. Carbon
black is used primarily as a reinforcing agent for rubber and is used
largely in the manufacturing of automotive tires. It is also used as a
colorant in inks, paints, plastics, and paper.
Currently, there are 20 carbon black production facilities
operating in the U.S. Nineteen of these facilities are major sources of
HAP emissions and are subject to NESHAP requirements for carbon black
production in 40 CFR part 63, subpart YY. According to the National
Emissions Inventory (NEI) and the Toxics Release Inventory (TRI), one
carbon black production facility is an area source of HAP emissions. We
are requesting comments on whether there are any other area sources in
this source category.
B. What are the production processes and emissions points at facilities
that manufacture carbon black?
A carbon black unit (CBU) consists of the equipment used to produce
carbon black by either the furnace, thermal or acetylene decomposition
processes. The major components of the CBU include: (1) Feedstock and
raw material storage tanks; (2) production unit reactors; (3)
separation filters; (4) wet or dry pelletization equipment and
densification equipment; (5) final product silos and packaging for
pellets and powders; and (6) shipping storage areas.
Carbon black is produced by the furnace black process via thermal-
oxidative decomposition in a closed system. The feedstock is primarily
aromatic oils based on crude oil. Feedstock is injected into the
reactor and is converted to carbon black. The reactor is heated by a
fuel, usually natural gas.
The thermal black process produces carbon black via thermal
decomposition in a cyclic process. The primary feedstock is natural
gas. The process generally includes two vertical reactors in parallel.
While one reactor is heating, the other reactor is in the decomposition
cycle.
The acetylene black process uses an acetylene feedstock to produce
carbon black via thermal decomposition in a continuous process. The
acetylene black reactor is similar to the reactor for the thermal black
process; however, since it is a continuous process, usually only one
reactor is used.
The remaining processes for the furnace black, thermal black and
acetylene black production processes are similar. The carbon black and
tailgas stream from the reactor is cooled in a heat exchanger. Energy
from the carbon black and tailgas stream is used to preheat combustion
air for the reactor. Following the heat exchanger, a secondary quench
chamber is used to further cool the carbon black and tailgas stream.
Carbon black is separated from the tailgas in the main separation
filter. Tailgas may be collected and used as fuel in the dryer (if
present), burned to preheat the feedstock (if a preheater is present),
vented to the atmosphere, or vented to a combustion device for
destruction.
Carbon black is separated from the conveying air in the process
filter. Solid contaminants (e.g., coke particles, abraded particles
from the refractory lining of the furnace, or rust particles) are
removed from the carbon black in the grit separator.
Initial densification of the carbon black takes place in the surge
tank, which also acts as a buffer to maintain constant production
levels. Carbon black is processed into pellets in either a wet
pelletizer or a dry pelletizer. In the wet pelletization process,
water, and sometimes additives, is injected into the pelletizer and the
carbon black leaves as wet pellets and are dried in the dryer. Tailgas
may be used as fuel in the dryer for external heating. Carbon black and
steam from the dryer exhaust are separated in the purge filter and the
carbon black is recycled to the process filter.
In the dry pelletization process, the pelletizer is a rotating
drum. A portion of the pelletized carbon black is recycled to the inlet
of the drum to act as seeds for the new pellets. Pelletized
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carbon black is housed in the storage silo until it is discharged to
trucks or rail cars, intermediate bulk storage, or packaging.
The Carbon Black Production area source category was listed for
regulation due to emissions of the urban HAP POM. Benzene is another
urban HAP emitted from the CBU. The HAP are released into the
atmosphere from the tailgases from the reactors. The carbon black and
tailgas stream is sent to a baghouse where the carbon black is
separated from the tailgas. After separation of the carbon black
product, the tailgas is either emitted to the atmosphere or sent to a
combustion control device.
C. What are the proposed requirements for area sources?
1. Applicability and Compliance Dates
The proposed NESHAP applies to each new or existing carbon black
production facility that is an area source of HAP. Because the one
existing area source is already meeting requirements that are the same
as those in this proposed NESHAP, we are proposing that an existing
affected source comply by the date of publication of the final rule in
the Federal Register. A new affected source would be required to comply
by the date of publication of the final rule in the Federal Register or
upon initial startup, whichever is later.
2. Proposed Emissions Standards
We are proposing that the owner or operator of an existing or new
source be required to control HAP emissions from each carbon black
production main unit filter process vent that has a HAP concentration
equal to or greater than 260 ppmv. The specific control requirements
are: (1) Reduce emissions of HAP by using a flare meeting all the
requirements of 40 CFR part 63, subpart SS; or (2) reduce total HAP
emissions by 98 weight-percent or to a concentration of 20 ppmv,
whichever is less, by venting emissions through a closed vent system to
any combination of control devices meeting the requirements 40 CFR
63.982(a)(2).
3. Compliance Requirements
For existing and new area sources, we are proposing to adopt the
testing, monitoring, recordkeeping, and reporting requirements in
subpart YY. Compliance with the proposed emissions limit for existing
and new area sources would be demonstrated by monitoring the operating
parameters of the control device or devices selected to comply with the
requirements of the NESHAP. The proposed NESHAP specifies requirements
for the initial notification, the notification of compliance status,
periodic reporting, and SSM requirements.
The owner or operator of an existing or new area source would be
required to comply with the subpart YY notification requirements in 40
CFR 63.1110. In the notification of compliance status required in 40
CFR 63.1110(d), the owner or operator of an existing source may
demonstrate initial compliance with the proposed HAP emissions
standards based on the results of a performance test that has been
previously conducted provided certain conditions are met (e.g., using
the same methods as the test methods in the proposed rule).
D. What is our rationale for selecting the proposed standards for area
sources?
1. Selection of Proposed Standards
Based on information in the NEI and TRI, we identified only one
existing carbon black production facility that is an area source. We
are requesting comments on whether there are any other area sources in
this source category. This carbon black production facility operates
emissions control systems that capture and control tailgases from their
four CBUs. The tailgases from each CBU are routed to control devices
(two are routed to a flare and two are routed to a thermal incinerator)
that achieve high-efficiency removal of volatile organic compounds
(VOC), including polycyclic organic matter (POM) and benzene.
The existing area source is currently operating under a title V
permit, which requires a 98 weight-percent VOC emissions reduction. The
facility's ability to demonstrate compliance with their title V permit
emissions limits on a long-term basis indicates that the facility owner
has the technical and economic capabilities to continue to reduce VOC
emissions (including POM and benzene) sufficiently to achieve these
limits. Further, although the existing area source facility utilizes
the furnace black production process, a 98 weight-percent emissions
reduction would apply equally to all types of production processes.
Consequently, we do not distinguish between the different carbon black
production processes.
After reviewing the existing facility's title V permit
requirements, we concluded that the permit requirements are equivalent
to the provisions of 40 CFR 63, subpart YY, which is the rule to which
major source carbon black facilities are subject. Further, the facility
has applied for renewal of their title V permit to specifically include
the requirements of subpart YY for their CBU. Because control
technologies to reduce VOC emissions also reduce POM and benzene
emissions, the 98 weight-percent VOC emission reduction in their title
V permit is equivalent to the 98 weight-percent HAP level of control
specified in subpart YY. We have no reason to believe that this
emissions reduction is infeasible or inappropriate for all area sources
in this category. Therefore, we have determined that a 98 weight-
percent HAP emissions reduction is GACT for existing and new carbon
black production area source facilities, which may be achieved using
one or more control devices or a flare subject to Sec. 63.11 of the
NESHAP General Provisions (40 CFR part 63, subpart A).
In addition to the 98 weight-percent level of control, we have
established that for low concentration streams (e.g., streams with
concentrations less than about 1,000 ppmv), a 98 weight-percent
reduction may not be achievable for all process vents from the main
unit filter (65 FR 76423). Therefore, we have determined that a HAP
concentration limit of 20 ppmv (corrected to 3 percent oxygen if a
combustion device is the control device and supplemental combustion air
is used to combust the emissions) is appropriate as GACT for low-
concentration streams.
The subpart YY NESHAP also include a 260-ppmv control applicability
cutoff. This cutoff represents the lowest control device inlet
concentration reported at one of the best-controlled facilities. We do
not have available information to indicate that the single existing
area source controls process vent emissions streams with concentrations
below this level. Therefore, we have included the 260-ppmv control
applicability cutoff in this proposed area source NESHAP.
We are alternatively proposing that GACT for this existing area
source is no further emission reduction. We request comment on the
basis, consistent with section 112(d)(5), for asserting that GACT is no
further control for the existing source. We request comment on this
issue because the standard proposed above will not result in any
emission reductions beyond what is already required by the Federal
permit to which the existing facility is already subject.
2. Selection of Proposed Compliance Requirements
The existing carbon black area source facility's title V permit
requires operating parameter monitoring, recordkeeping, and periodic
reporting. We reviewed these compliance requirements and concluded that
they
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are sufficient to ensure compliance with the proposed emissions
standards for existing and new sources. Because these requirements are
equivalent to those in 40 CFR part 63, subpart YY, we have adopted the
subpart YY compliance requirements in this proposed rule. These
requirements include operating parameter monitoring, initial
performance testing, notifications, and periodic reports.
Because permit information for the existing facility does not
identify requirements for an SSM plan, we are proposing that the owner
or operator of an existing area source comply with the SSM requirements
in 40 CFR 63.1111. Section 63.1111(a)(1) of subpart YY requires that
the title V permit for a source include provisions for an SSM plan.
V. Proposed Area Source NESHAP for Chemical Manufacturing: Chromium
Compounds
A. What area source category is affected by the proposed NESHAP?
The area source category, ``Chemical Manufacturing: Chromium
Compounds,'' includes facilities that use chromite ore as the basic
feedstock to manufacture chromium compounds, primarily sodium
dichromate, chromic acid, and chromic oxide. There are only two plants
in this area source category, and both are located in urban areas. One
plant is located in Castle Hayne, North Carolina (near Wilmington) and
the other is in Corpus Christi, Texas.
Most of the sodium dichromate produced by the two plants is used to
make chromic acid. Sodium dichromate is also used in leather tanning,
chromic oxide production, pigments manufacture, textile dyeing, and in
the manufacture of numerous other products. Chromic acid is used in the
metal finishing industry to produce resistant coatings for a variety of
base metals. Other uses include decorative plating, conversion
coatings, and metal coloring compounds. The two main uses of chromic
oxide are in pigments and refractories.
B. What are the production processes and emissions points at facilities
that manufacture chromium compounds?
Although the basic processes at the two plants are similar, there
are some subtle differences in the processing steps, and the two plants
have somewhat different emissions points and control configurations.
Consequently, separate profiles of the processes and emissions controls
are provided in sections V.B.1 through V.B.4 of this preamble.
1. Sodium Chromate Production
The main feedstock for the manufacturing process is chromite ore
imported from South Africa and Finland, typically containing about 45
percent or more chromium oxide. At the Texas plant, the chromite ore is
dried and ground in a ball mill. The ground ore is mixed with alkaline
material (soda ash, sodium bicarbonate, and sodium hydroxide) and fed
to a rotary kiln where it is heated to about 2,000 degrees Fahrenheit
([deg]F). This process (known as ``roasting'') oxidizes the chromite
ore, converting the majority of the chromium in the ore from trivalent
to hexavalent chromium. Baghouses on the ore drying and grinding unit
control emissions. Baghouses also control emissions from the rotary
kiln during roasting. After roasting, the material typically co