Amendments to National Emission Standards for Hazardous Air Pollutants for Primary Copper Smelting and Secondary Copper Smelting Area Sources, 36363-36367 [E7-12847]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 72, Number 127 (Tuesday, July 3, 2007)]
[Rules and Regulations]
[Pages 36363-36367]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-12847]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2006-0510; FRL-8334-4]
RIN 2060-AO46


Amendments to National Emission Standards for Hazardous Air 
Pollutants for Primary Copper Smelting and Secondary Copper Smelting 
Area Sources

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to amend the national 
emission standards for primary copper smelting area sources and 
secondary copper smelting area sources published on January 23, 2007. 
The amendments to the national emission standards for primary copper 
smelting area sources clarify when plants must exhaust gases to a 
control device and what control devices may be used for this 
requirement; numbering errors are also corrected. The amendments to the 
national emission standards for secondary copper smelting area sources 
clarify the date which defines a new copper smelter and correct a 
cross-referencing error.

DATES: This direct final rule is effective on October 1, 2007 without 
further notice, unless EPA receives adverse comment by August 2, 2007. 
If the effective date is delayed, timely notice will be published in 
the Federal Register. If we receive adverse comment, we will publish a 
timely withdrawal in the Federal Register informing the public that 
some or all of the amendments in this rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2006-0510 by one of the following methods:
     https://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 Four Area Source Categories Docket, Environmental 
Protection Agency, Mailcode: 6102T, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460. Please include a total of two copies.
     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.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2006-0510. 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 Four Area Source 
Categories 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: The information presented in this preamble 
is organized as follows:

I. Why is EPA using a direct final rule?
II. Does this action apply to me?
III. Where can I get a copy of this document?
IV. What should I consider as I prepare my comments to EPA?
V. What are the changes to the NESHAP for primary copper smelting 
and secondary copper smelting area source?
    A. NEHSAP for Primary Copper Smelting Area Sources
    B. NESHAP for Secondary Copper Smelting Area Sources
VI. 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
    K. Congressional Review Act

[[Page 36364]]

I. Why is EPA using a direct final rule?

    EPA is publishing the rule without a prior proposed rule because we 
view this as a noncontroversial action and anticipate no adverse 
comment. The amendments to the national emission standards for primary 
copper smelting area sources (40 CFR part 63, subpart EEEEEE) and 
secondary copper smelting area sources (40 CFR part 63, subpart FFFFFF) 
consist of technical and editorial corrections that do not make 
material changes to the rule requirements. However, in the ``Proposed 
Rules'' section of this Federal Register, we are publishing a separate 
document that will serve as the proposed rule to make these amendments 
if adverse comments are received on this direct final rule. We will not 
institute a second comment period on this action. Any parties 
interested in commenting must do so at this time. For further 
information about commenting on the rule, see the ADDRESSES section of 
this document. If EPA receives adverse comment, we will publish a 
timely withdrawal in the Federal Register informing the public that 
this direct final rule will not take effect. We would address all 
comments in any subsequent final rule based on the proposed rule.

II. Does this action apply to me?

    The regulated categories and entities potentially affected by the 
final rule include:

------------------------------------------------------------------------
                                                   Examples of regulated
           Category               NAICS code \1\          entities
------------------------------------------------------------------------
Industry......................  331411...........  Primary copper
                                                    smelting area source
                                                    facilities that
                                                    produce copper from
                                                    copper sulfide ore
                                                    concentrates using
                                                    pyrometallurgical
                                                    techniques.
                                331423...........  Area source
                                                    facilities that
                                                    process copper scrap
                                                    in a blast furnace
                                                    and converter or use
                                                    another
                                                    pyrometallurgical
                                                    purification process
                                                    to produce anode
                                                    copper from copper
                                                    scrap, including low-
                                                    grade copper scrap.
------------------------------------------------------------------------
\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 is regulated by this action, 
you should examine the applicability criteria in 40 CFR 63.11146 of 
subpart EEEEEE (National Emission Standards for Hazardous Air 
Pollutants (NESHAP) for Primary Copper Smelting Area Sources) or 40 CFR 
63.11153 of subpart FFFFFF (NESHAP for Secondary Copper Smelting 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).

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

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

IV. 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 No. EPA-HQ-OAR-2006-0510. 
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.

V. What are the changes to the NESHAP for primary copper smelting and 
secondary copper smelting area source?

A. NESHAP for Primary Copper Smelting Area Sources

    On January 23, 2007 (72 FR 2944), we issued the NESHAP for Primary 
Copper Smelting Area Sources (40 CFR part 63, subpart EEEEEE). The 
final rule establishes air emission control requirements for new and 
existing primary copper smelters that use continuous or batch smelting 
technologies.
    The final rule makes two technical clarifications to this NESHAP in 
paragraph (a)(2)(ii) of 40 CFR 63.11148 (What are the standards and 
compliance requirements for existing sources using batch copper 
converters?). The existing provision states that ``during periods when 
no copper ore concentrate feed is charged to or molten material tapped 
from the smelting vessel but the smelting vessel remains in operation 
to temporarily hold molten material in the vessel before resuming 
copper production, you must exhaust the process off gas from the 
smelting vessel to an electrostatic precipitator or baghouse prior to 
discharge to the atmosphere.'' As stated, this provision contains 
conflicting language because molten materials cannot be tapped from and 
held in a smelting vessel at the same time. Accordingly, we are 
removing the phrase ``or molten materials tapped from'' to clarify that 
the operating conditions when the owner or operator must exhaust the 
process off gas from a smelting vessel to an appropriate particulate 
matter (PM) control device is when no copper ore concentrate feed is 
charged to the smelting vessel but the smelting vessel remains in 
operation to temporarily hold molten material in the vessel before 
resuming copper production.
    In addition, we are adding to this same provision in paragraph 
(a)(2)(ii) of 40 CFR 63.11148 ``wet scrubber'' as one of the types of 
PM control devices listed. Wet scrubbers are PM control devices that 
are used at some primary copper smelters for controlling PM emissions 
from smelting vessels during temporary holding operations. As we 
mentioned in the preamble to this NESHAP (72 FR 2932, 2938), we 
developed the standards for existing primary copper area source 
smelters

[[Page 36365]]

that use batch technology based on operations at batch converting 
facilities that we had determined to be effectively controlling their 
hazardous air pollutant emissions. One of these facilities uses a wet 
scrubber to control PM emissions from smelting vessels during the 
temporary holding operations described above. Having established the 
generally available control technology based on the use of a wet 
scrubber, we clearly did not intend to then exclude wet scrubbers from 
the types of PM control devices that affected owners and operators can 
use to comply with the rule requirement, nor would we have a basis for 
such exclusion. Accordingly, we are correcting 40 CFR 
63.11148(a)(2)(ii) to include wet scrubbers as one of the types of 
control devices that can be used to meet the requirement in that 
provision.
    We are also correcting numbering errors in paragraph (c) of 40 CFR 
63.11150 (What general provisions apply to this subpart?). Currently 
paragraph (c) contains two paragraphs numbered as (c)(3), and the 
introductory text to paragraph (c) makes a reference to four instead of 
five paragraphs. Accordingly, in the paragraph (c) introductory text, 
the reference to paragraphs (c)(1) through (4) is corrected to (c)(1) 
through (5), and the numbering for paragraphs (c)(3), (4), (5) is 
corrected.

B. NESHAP for Secondary Copper Smelting Area Sources

    On January 23, 2007 (72 FR 2952), we issued the NESHAP for 
Secondary Copper Smelting Area Sources (40 CFR part 63, subpart 
FFFFFF). The final rule corrects the date in Sec.  63.11153(b), which 
defines a new affected source under this NESHAP. Both section 112(a)(4) 
of the Clean Air Act and the part 63 General Provisions at 40 CFR 63.2 
define a ``new'' affected source as one for which construction or 
reconstruction commenced on or after the date EPA first proposes a 
relevant emission standard under section 112. In Sec.  63.11153(b), we 
inadvertently defined a new source as being constructed or 
reconstructed before the date of proposal of this NESHAP (October 6, 
2006). Therefore, we are amending Sec.  63.11153(b) to correctly state 
that a new affected source is one that is constructed or reconstructed 
on or after October 6, 2006. We are also correcting a cross reference 
in 40 CFR 63.11157(b)(5). Paragraph (b)(5) of this section is corrected 
to refer to the work practice standard in Sec.  63.11155(g) instead of 
Sec.  63.11157(g), which is not only an incorrect reference but is also 
nonexistent.

VI. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is 
therefore not subject to review under the Executive Order.

B. Paperwork Reduction Act

    This action does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. 
EPA is taking this action to make certain technical and editorial 
corrections in the NESHAP for primary and secondary copper smelting 
area sources. These corrections do not include any information 
collection requirement.
    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 generally requires an agency to 
prepare a regulatory flexibility analysis of any rule subject to notice 
and comment rulemaking requirements under the Administrative Procedure 
Act or any other statute unless the agency certifies that the rule 
would not have a significant economic impact on a substantial number of 
small entities. Small entities include small businesses, small not-for-
profit enterprises, and small governmental jurisdictions.
    For the purposes of assessing the impacts of the area source NESHAP 
on small entities, small entity is defined as: (1) A small business 
that meets the Small Business Administration size standards for small 
businesses at 13 CFR 121.201 (less than 1,000 employees for primary 
copper smelting and less than 750 employees for secondary copper 
smelting); (2) a small governmental jurisdiction that is a government 
of a city, county, town, school district, or special district with a 
population of less than 50,000; and (3) a small organization that is 
any not-for-profit enterprise which is independently owned and operated 
and is not dominant in its field.
    After considering the economic impacts of the final rule on small 
entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. We have 
determined that small businesses in these area source categories will 
not incur any adverse impacts because EPA is taking this action to make 
certain technical and editorial corrections in the NESHAP for primary 
and secondary copper smelting area sources, and these corrections do 
not create any new requirements or burdens. No costs are associated 
with these amendments to the two NESHAP.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures by State, local, and tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
1 year. Before promulgating an EPA rule for which a written statement 
is needed, section 205 of the UMRA generally requires EPA to identify 
and consider a reasonable number of regulatory alternatives and adopt 
the least costly, most cost-effective, or least burdensome alternative 
that achieves the objectives of the rule. The provisions of section 205 
do not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective, or least burdensome alternative if the 
Administrator publishes with the final rule an explanation why that 
alternative was not adopted. Before EPA establishes any regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal governments, it must have developed

[[Page 36366]]

under section 203 of the UMRA a small government agency plan. The plan 
must provide for notifying potentially affected small governments, 
enabling officials of affected small governments to have meaningful and 
timely input in the development of EPA regulatory proposals with 
significant Federal intergovernmental mandates, and informing, 
educating, and advising small governments on compliance with the 
regulatory requirements.
    EPA has determined that this action does 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. EPA is taking this action to make certain 
technical and editorial corrections to the NESHAP for primary and 
secondary copper smelting area sources. No costs are associated with 
these corrections. Thus, this action is not subject to the requirements 
of sections 202 and 205 of the UMRA. In addition, EPA has determined 
that this action contains no regulatory requirements that might 
significantly or uniquely affect small governments. The technical and 
editorial corrections made through this action contain no requirements 
that apply to such governments, impose no obligations upon them, and 
will not result in any expenditures by them or any disproportionate 
impacts on them. Therefore, the final rule is 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 final rule does not have federalism implications. The final 
rule makes certain technical and editorial corrections to the NESHAP 
for primary and secondary smelting area sources. These final 
corrections do not impose requirements on State and local governments. 
They have no 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. Thus, Executive Order 13132 does 
not apply to the final rule.

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 final rule does not have tribal 
implications, as specified in Executive Order 13175. The final rule 
makes certain technical and editorial corrections to the NESHAP for 
primary and secondary copper smelting area sources. These final 
corrections do not impose requirements on tribal governments. They also 
have no 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. Thus, Executive Order 13175 does not 
apply to the final rule.

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

    Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any 
rule that: (1) Is determined to be ``economically significant,'' as 
defined under Executive Order 12866, and (2) concerns an environmental 
health or safety risk that EPA has reason to believe may have a 
disproportionate effect on children. If the regulatory action meets 
both criteria, EPA must evaluate the environmental health or safety 
effects of the planned rule on children, and explain why the planned 
regulation is preferable to other potentially effective and reasonably 
feasible alternatives considered by EPA.
    EPA interprets Executive Order 13045 as applying 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. The final rule is not subject to 
Executive Order 13045 because it makes technical and editorial 
corrections to NESHAP that are based on technology performance and not 
on health or safety risks.

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

    The final rule is not subject to Executive Order 13211, ``Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a 
significant regulatory action under Executive Order 12866.

I. National Technology Transfer Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act (NTTAA) of 1995 (Pub. L. 104-113, section 12(d), 15 U.S.C. 272 
note) directs EPA to use voluntary consensus standards (VCS) in its 
regulatory activities, unless to do so would be inconsistent with 
applicable law or otherwise impractical. The VCS are technical 
standards (e.g., materials specifications, test methods, sampling 
procedures, and business practices) that are developed or adopted by 
VCS bodies. The NTTAA directs EPA to provide Congress, through OMB, 
explanations when the Agency does not use available and applicable VCS.
    The final rule does not involve technical standards. Therefore, EPA 
did not consider the use of any VCS.

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

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes 
Federal executive policy on environmental justice. Its main provision 
directs Federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States.
    EPA has determined that the final rule will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it does not 
affect the level of protection provided to human health or the 
environment. The technical and editorial corrections in the final rule 
do not change the level of control required by the NESHAP.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801, et seq., as added by 
the Small Business Regulatory Enforcement Fairness Act of 1996, 
generally provides that before a rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to each House of Congress and to the Comptroller General

[[Page 36367]]

of the United States. EPA will submit a report containing these final 
rule amendments and other required information to the U.S. Senate, the 
U.S. House of Representatives, and the Comptroller General of the 
United States prior to publication of the final rule amendments in the 
Federal Register. A major rule cannot take effect until 60 days after 
it is published in the Federal Register. This action is not a ``major 
rule'' as defined by 5 U.S.C. 804(2). This final rule will be effective 
on October 1, 2007.

List of Subjects in 40 CFR Part 63

    Environmental protection, Air pollution control, Hazardous 
substances, Reporting and Recordkeeping requirements.

    Dated: June 27, 2007.
Stephen L. Johnson,
Administrator.

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

PART 63--[AMENDED]

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

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

Subpart EEEEEE--[Amended]

0
2. Section 63.11148 is amended by revising paragraph (a)(2)(ii) to read 
as follows:


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

    (a) * * *
    (2) * * *
    (ii) During periods when no copper ore concentrate feed is charged 
to the smelting vessel but the smelting vessel remains in operation to 
temporarily hold molten material in the vessel before resuming copper 
production, you must exhaust the process off gas from the smelting 
vessel to an electrostatic precipitator, wet scrubber, or baghouse 
prior to discharge to the atmosphere.
* * * * *

0
3. Section 63.11150 is amended as follows:
0
a. By revising paragraph (c) introductory text.
0
b. By redesignating paragraph (c)(4) as paragraph (c)(5).
0
c. By redesignating the second paragraph (c)(3) as paragraph (c)(4).


Sec.  63.11150  What General Provisions apply to this subpart?

* * * * *
    (c) If you own or operate an existing affected source subject to 
Sec.  63.11148, your notification of compliance status required by 
Sec.  63.9(h) must include the information specified in paragraphs 
(c)(1) through (5) of this section.
* * * * *

Subpart FFFFFF--[Amended]

0
4. Section 63.11153 is amended by revising the last sentence in 
paragraph (b) to read as follows:


Sec.  63.11153  Am I subject to this subpart?

* * * * *
    (b) * * * Your secondary copper smelter is a new affected source if 
you commenced constructed or reconstruction of the affected source on 
or after October 6, 2006.
* * * * *

0
5. Section 63.11157 is amended by revising paragraph (b)(5) to read as 
follows:


Sec.  63.11157  What General Provisions apply to this subpart?

* * * * *
    (b) * * *
    (5) This certification of compliance, signed by a responsible 
official, for the work practice standard in Sec.  63.11155(g): ``This 
facility has an approved monitoring plan in accordance with Sec.  
63.11155(g).''

[FR Doc. E7-12847 Filed 7-2-07; 8:45 am]
BILLING CODE 6560-50-P