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, 38864-38917 [E7-12018]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 72, Number 135 (Monday, July 16, 2007)]
[Rules and Regulations]
[Pages 38864-38917]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-12018]



[[Page 38863]]

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Part II





Environmental Protection Agency





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40 CFR Part 63



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

Federal Register / Vol. 72, No. 135 / Monday, July 16, 2007 / Rules 
and Regulations

[[Page 38864]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-AR-2006-0897; FRL-8330-1]
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: Final rule.

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SUMMARY: EPA is issuing six national emissions standards for hazardous 
air pollutants for seven area source categories. The final emissions 
standards and associated requirements for two area source categories 
(Flexible Polyurethane Foam Production and Flexible Polyurethane Foam 
Fabrication) are combined in one subpart. These final rules include 
emission standards that reflect the generally available control 
technologies or management practices in each of these area source 
categories.

DATES: These final rules are effective on July 16, 2007. The 
incorporation by reference of certain publications listed in these 
rules is approved by the Director of the Federal Register as of July 
16, 2007.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-HQ-OAR-2006-0897. All documents in the docket are 
listed in the Federal Docket Management System index at https://
www.regulations.gov. Although listed in the index, some information is 
not publicly available, e.g., confidential business information or 
other information whose disclosure is restricted by statute. Certain 
other material, such as copyrighted material, is not placed on the 
Internet and will be publicly available only in hard copy form. 
Publicly available docket materials are available either electronically 
through www.regulations.gov or in hard copy at the EPA Docket Center, 
Public Reading Room, 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: Outline. The information presented in this 
preamble is organized as follows:

I. General Information
    A. Does this action apply to me?
    B. Where can I get a copy of this document?
    C. Judicial Review
II. Background Information for Final Area Source Standards
III. Summary of Final Rules and Changes Since Proposal
    A. NESHAP for Acrylic and Modacrylic Fibers Production
    Area Sources
    B. NESHAP for Carbon Black Production Area Sources
    C. NESHAP for Chemical Manufacturing Area Sources: Chromium 
Compounds
    D. NESHAP for Flexible Polyurethane Foam Production and 
Fabrication Area Sources
    E. NESHAP for Lead Acid Battery Manufacturing Area Sources
    F. NESHAP for Wood Preserving Area Sources
IV. Exemption of Certain Area Source Categories from Title V 
Permitting Requirements
    A. Acrylic and Modacrylic Fibers Production
    B. Flexible Polyurethane Foam Production and Fabrication
    C. Lead Acid Battery Manufacturing
    D. Wood Preserving
V. Summary of Comments and Responses
    A. Basis for Area Source Standards
    B. Proposed NESHAP for Acrylic and Modacrylic Fibers Production 
Area Sources
    C. Proposed NESHAP for Carbon Black Production Area Sources
    D. Proposed NESHAP for Chemical Manufacturing Area Sources: 
Chromium Compounds
    E. Proposed NESHAP for Flexible Polyurethane Foam Production and 
Fabrication Area Sources
    F. Proposed NESHAP for Lead Acid Battery Manufacturing Area 
Sources
    G. Proposed NESHAP for Wood Preserving Area Sources
    H. Proposed Exemption of Certain Area Source Categories from 
Title V Permitting Requirements
    I. Compliance with Executive Order 13045: Protection of Children 
from Environmental Health and Safety Risks
    J. Compliance with Executive Order 12898: Federal Actions to 
Address Environmental Justice in Minority Populations and Low-Income 
Populations
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

I. General Information

A. Does this action apply to me?

    The regulated categories and entities potentially affected by these 
final standards include:

------------------------------------------------------------------------
                                                   Examples of regulated
           Category              NAICS  code \1\          entities
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Industry:
Acrylic and modacrylic fibers   325222...........  Area source
 production.                                        facilities that
                                                    manufacture
                                                    polymeric organic
                                                    fibers using
                                                    acrylonitrile as a
                                                    primary monomer.
Carbon black production.......  325182...........  Area source
                                                    facilities that
                                                    manufacture carbon
                                                    black using the
                                                    furnace, thermal, or
                                                    acetylene
                                                    decomposition
                                                    process.
Chemical manufacturing:         325188...........  Area source
 chromium compounds.                                facilities that
                                                    produce chromium
                                                    compounds,
                                                    principally sodium
                                                    dichromate, chromic
                                                    acid, and chromic
                                                    oxide, from chromite
                                                    ore.
Flexible polyurethane foam      326150...........  Area source
 production.                                        facilities that
                                                    manufacture foam
                                                    made from a
                                                    polyurethane
                                                    polymer.

[[Page 38865]]

 
Flexible polyurethane foam      326150...........  Area source
 fabrication operations.                            facilities that cut
                                                    or bond flexible
                                                    polyurethane foam
                                                    pieces together or
                                                    to other substrates.
Lead acid battery               335911...........  Area source
 manufacturing.                                     facilities 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 is 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. 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.

C. Judicial Review

    Under section 307(b)(1) of the Clean Air Act (CAA), judicial review 
of these final rules is available only by filing a petition for review 
in the U.S. Court of Appeals for the District of Columbia Circuit by 
September 14, 2007. Under section 307(d)(7)(B) of the CAA, only an 
objection to these final rules that was raised with reasonable 
specificity during the period for public comment can be raised during 
judicial review. Moreover, under section 307(b)(2) of the CAA, the 
requirements established by these final rules may not be challenged 
separately in any civil or criminal proceedings brought by EPA to 
enforce these requirements.

II. Background Information for Final Area Source Standards

    Section 112(k)(3)(B) of the CAA requires EPA to identify at least 
30 hazardous air pollutants (HAP), which, as the result of emissions of 
area sources,\1\ pose the greatest threat to public health in urban 
areas. Consistent with this provision, in 1999, in the Integrated Urban 
Air Toxics Strategy, EPA identified the 30 HAP that pose the greatest 
potential health threat in urban areas, and these HAP are referred to 
as the ``Urban HAP.'' See 64 FR 38715, July 19, 1999. Section 112(c)(3) 
requires EPA to list sufficient categories or subcategories of area 
sources to ensure that area sources representing 90 percent of the 
emissions of the 30 Urban HAP are subject to regulation. EPA listed the 
source categories that account for 90 percent of the Urban HAP 
emissions in the Integrated Urban Air Toxics Strategy.\2\ Sierra Club 
sued EPA, alleging a failure to complete standards for the area source 
categories listed pursuant to CAA sections 112(c)(3) and (k)(3)(B) 
within the time frame 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 hazardous air 
pollutant (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, EPA has revised the area source category list 
several times.
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    Among other things, the order requires that, by June 15, 2007, EPA 
complete standards for six area source categories. On April 4, 2007, we 
proposed NESHAP for the following seven listed area source categories 
that we have selected to meet the June 15, 2007 deadline: (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. See 72 FR 
16632. These final NESHAP complete the required regulatory action for 
seven area source categories.
    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.'' As explained in the proposed 
NESHAP, we are setting standards for these seven area source categories 
pursuant to section 112(d)(5). See 72 FR 16638, April 7, 2007.

III. Summary of Final Rules and Changes Since Proposal

    This section summarizes the final rules and identifies and 
discusses changes since proposal. For changes that were made as a 
result of public comments, we have provided detailed explanations of 
the changes and the rationale in the responses to comments in section V 
of this preamble.

A. NESHAP for Acrylic and Modacrylic Fibers Production Area Sources

1. Applicability and Compliance Dates
    This final rule applies to any existing or new acrylic or 
modacrylic fibers production plant that is an area source of HAP. The 
owner or operator of an existing area source must comply with all the 
requirements of this area source

[[Page 38866]]

NESHAP by January 16, 2008. The owner or operator of a new area source 
must comply with this area source NESHAP by July 16, 2007 or upon 
initial startup, whichever is later.
2. Emissions Standards
    The Acrylic and Modacrylic Fibers Production area source category 
was listed pursuant to section 112(c)(3) for its contribution of the 
Urban HAP acrylonitrile (AN). In response to comments, we have revised 
the proposed AN requirements for existing area sources to include a new 
compliance alternative. We have also revised the compliance provisions 
for existing area sources to allow facilities to change the operating 
limits for a wet scrubber control device.
    Existing area sources. The final standards for existing area 
sources apply to emissions from the control devices for polymerization 
and monomer recovery process equipment, spinning lines at plants that 
do not have a monomer recovery process, and AN storage tanks. As 
proposed, we are adopting the State permit requirements applicable to 
the one existing area source as the NESHAP for existing acrylic and 
modacrylic fibers production area sources.
    No changes have been made since proposal to the AN emissions limits 
for control devices for polymerization and monomer recovery process 
equipment. The AN emissions limit for the control device for 
polymerization process equipment is 0.2 pound per hour (lb/hr). The AN 
emissions limit for the control device for monomer recovery process 
equipment is 0.05 lb/hr.
    In response to comments, we have revised the proposed rule to 
include an alternative compliance option for existing area sources. The 
new compliance option in Sec.  63.11395(b)(3) allows an existing area 
source to comply with the same requirements that apply to process vents 
for new area sources. Although the two requirements are expressed in 
different units, they provide an equivalent level of control.
    No changes have been made since proposal to the control device 
parameter operating limits for wet scrubbers. The daily average water 
flow rate to the wet scrubber control device for polymerization process 
equipment must not drop below 50 liters per minute (l/min). For the wet 
scrubber control device for monomer recovery process equipment, the 
daily average water flow rate must not drop below 30 l/min. We have 
revised the proposed standard to include procedures for changing the 
operating limits based on the results of a performance test. These 
procedures are contained in Sec.  63.11395(k).
    As explained in the proposed rule, this rule does not include 
requirements for spinning lines for existing sources that remove 
residual AN using a monomer recovery process prior to spinning. As 
proposed, 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.
    Acrylonitrile storage tanks meeting certain capacity/vapor pressure 
conditions must 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.
    In response to comments, we are clarifying in the final rule that 
process and maintenance wastewater containing AN must be treated in a 
wastewater treatment system. We are deleting the definition of 
``wastewater'' because we have specifically defined ``process 
wastewater'' and ``maintenance wastewater.''
    New area sources. No changes have been made to the proposed 
emissions standards for new area sources. The final standards apply to 
process vents, fiber spinning lines, AN storage tanks, process 
wastewater, maintenance wastewater, and equipment leaks. The 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 must 
control AN emissions from process vents meeting this threshold by 
reducing uncontrolled emissions by 98 weight percent or meeting an 
emissions limit of 20 ppmv by venting vapors through a closed vent 
system to a recovery device, control device, or flare. The owner or 
operator must determine which process vents meet the threshold noted 
above by using the procedures and methods in Sec.  63.1104 of subpart 
YY.
    The emissions limits for fiber spinning lines 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 Sec.  
63.1103(b)(4) of subpart YY apply to an enclosure for a fiber spinning 
line.
    For all AN storage vessels at a new area source, the owner or 
operator must: (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 are 
subject to the requirements in Sec.  63.1106(a) and (b) of subpart YY. 
We are clarifying that wastewater that contains AN but which is below 
the thresholds for control in subpart YY must be treated in a 
wastewater treatment system. The owner or operator is also 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
    No significant changes have been made to the compliance provisions 
for existing sources. As proposed, we are including in this final 
NESHAP the monitoring, testing, recordkeeping, and reporting 
requirements in the State operating permit for the one existing area 
source. The only change since proposal is the addition of records of 
process and maintenance wastewater streams that are treated in a 
wastewater treatment system. Specifically, for existing sources, 
continuous parameter monitoring systems (CPMS) are required to measure 
and record the scrubber water flow rates at least every 15 minutes. The 
owner or operator of an existing source must 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 is to be 
determined on a monthly basis; quarterly compliance reports also are 
required. The owner or operator must 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 required operating limit, the 
owner or operator must submit a report to EPA or the delegated 
authority that identifies the

[[Page 38867]]

exceedance; the owner or operator would be required to submit the 
report within 10 days of the exceedance.
    The owner or operator of an existing source must conduct a 
performance test for each control device for polymerization process 
equipment and monomer recovery process equipment. A performance test is 
not 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 
must 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 apply if the owner or operator elected 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 must comply with 
certain notification requirements in Sec.  63.9 of the General 
Provisions (40 CFR part 63, subpart A). These requirements include a 
notification of applicability and a notification of compliance status. 
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. We have revised the proposed certification of 
compliance for the emissions limit to include a certification for the 
new alternative compliance option for process vents. The owner or 
operator must also certify initial compliance with the NSPS 
requirements in 40 CFR part 60, subpart Kb.
    We are also requiring that the owner or operator of an existing 
source comply with the requirements for startup, shutdown, and 
malfunction (SSM) plans, reports, and records in 40 CFR 63.6(e)(3). As 
proposed, we are allowing additional time (6 months after promulgation) 
to allow for preparation of the plan.
    No changes have been made since proposal to the compliance 
provisions for new area sources. The owner or operator of a new area 
source must 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. For process vents, the owner or operator must 
comply with all testing, monitoring, recordkeeping, and reporting 
requirements in 40 CFR part 63, subpart SS. For other emissions 
sources, the owner or operator must comply with all testing, 
monitoring, recordkeeping, and reporting requirements in 40 CFR part 
63, subpart SS or WW for AN tanks, and subpart TT or UU for equipment 
leaks. Only specified provisions in subpart G apply for process 
wastewater and maintenance wastewater.
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    \3\ These assessments are used to determine which process vents 
and wastewater streams must be controlled.
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    The owner or operator of a new area source is also required to 
comply with 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 final NESHAP the General Provisions of 40 CFR part 63 
applicable to existing and new sources.

B. NESHAP for Carbon Black Production Area Sources

1. Applicability and Compliance Dates
    The final NESHAP applies to each new or existing carbon black 
production facility that is an area source of HAP. The owner or 
operator of an existing affected source must comply with all the 
requirements of this area source NESHAP by July 16, 2007. The owner or 
operator of a new affected source must comply by July 16, 2007 or upon 
initial startup, whichever is later.
2. Emissions Standards
    The Carbon Black Production area source category was listed 
pursuant to section 112(c)(3) for regulation for its contribution of 
the Urban HAP POM (polycyclic organic matter). We have made no changes 
since proposal to the emissions standards for this source category.
    This final NESHAP requires the owner or operator of an existing or 
new source 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
    We have made no changes to the proposed compliance provisions for 
carbon black production area sources. For existing and new area 
sources, we are adopting in this final NESHAP the testing, monitoring, 
recordkeeping, and reporting requirements in subpart YY. The owner or 
operator must demonstrate compliance with the emissions limit for 
existing and new area sources by monitoring the operating parameters of 
the control device or devices selected to comply with the requirements 
of the NESHAP.
    The owner or operator of an existing or new area source must 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 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 final rule).
    As proposed, we are requiring 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 source 
include provisions for an SSM plan.

C. NESHAP for Chemical Manufacturing Area Sources: Chromium Compounds

1. Applicability and Compliance Dates
    The final rule applies to the owner or operator of a new or 
existing area source that manufactures chromium compounds. The owner or 
operator of an existing area source must comply with all the 
requirements of this area source NESHAP by January 16, 2008. The owner 
or operator of a new affected source must comply by July 16, 2007 or 
upon initial startup, whichever is later. In response to comments, we 
have also added a definition of ``chromium compounds manufacturing 
facility.''
2. Emissions Standards
    The Chemical Manufacturing: Chromium Compounds area source category 
was listed for regulation pursuant to section 112(c)(3) for its

[[Page 38868]]

contribution of the Urban HAP chromium. We have not revised the 
emissions standards for this area source category since proposal. 
However, we have revised Table 1 of subpart NNNNNN to clarify the 
regulated process equipment. These changes include revising the title 
of Table 1 to refer to emissions sources instead of emissions points, 
changing the ``filter for sodium chromate slurry'' to ``residue dryer 
system'', changing the ``reactor used to produce chromic acid'' to the 
``melter used to produce chromic acid'', and removing the ``sodium 
evaporation unit'' from the table. These changes do not affect the 
estimated level of emissions control or reduction for the rule.
    The final 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 that controls emissions to 
the levels required in the rule. Emissions limits for PM, in lb/hr 
format, are established based on the process rate of the emissions 
source. The PM emissions limits apply to more than 20 emissions sources 
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
    As proposed, the compliance requirements for existing area sources 
are based 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. The control devices used by the existing area sources in 
this source category include baghouses, dry electrostatic 
precipitators, wet electrostatic precipitators, and wet scrubbers. The 
monitoring requirements for existing area sources consist of inspection 
and maintenance requirements specific to the type of control device.
    In response to comments, we have revised the proposed requirements 
for initial and periodic inspections of control devices in several 
respects. The final rule requires an initial inspection for each 
installed control device which has operated within 60 days of the 
compliance date. An initial inspection for an installed control device 
which has not operated within 60 days of the compliance date must be 
conducted prior to startup. In addition, we have revised the 
requirements for initial inspections of the internal components of 
control devices to state that an initial inspection is not required if 
an inspection has been performed within the past 24 months (for an 
electrostatic precipitator) or within the past 12 months (for a 
baghouse or wet scrubber). The proposed requirements for initial 
inspections that do not require shutting down the process and control 
device, such as inspecting baghouses and ductwork for leaks and 
verifying proper operation of electrostatic precipitators and wet 
scrubbers, have not been revised. We have also clarified the timing for 
periodic inspections by requiring subsequent inspections 12 or 24 
months after the last inspections and then annual or biennial 
inspections thereafter. We have also revised the final rule to clarify 
that the requirements for internal inspections of control devices do 
not apply to cyclonic scrubbers installed upstream of electrostatic 
precipitators.
    For a baghouse, this final NESHAP requires monthly visual 
inspections of the system ductwork and baghouse units for leaks. The 
plant owner or operator must conduct an annual inspection of the 
interior of each baghouse for structural integrity and condition of the 
filter fabric. For electrostatic precipitators, plants are 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, 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 
also must 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 are 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 must 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 must be 
recorded in a logbook (written or electronic). The logbook must be kept 
onsite and made available to the permitting authority upon request. The 
owner or operator of an existing plant is 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 must 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). In the notification of 
compliance status required by 40 CFR 63.9(h), the owner or operator 
must 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. A performance test is not 
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. The final rule 
also requires 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 
requirements in this final rule. The owner or operator is required to 
submit 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
    No changes have been made to the compliance requirements for new 
area sources. The owner or operator of a new source must install and 
operate a bag leak detection system for each baghouse used to comply 
with a PM emissions limit. 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

[[Page 38869]]

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 is 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, 
is to 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 apply to a new area 
source. We have identified in the final NESHAP the General Provisions 
of 40 CFR part 63 applicable to existing and new sources.

D. NESHAP for Flexible Polyurethane Foam Production and Fabrication 
Area Sources

1. Applicability and Compliance Dates
    This final NESHAP applies to both new and existing flexible foam 
production and flexible foam fabrication plants that are area sources. 
In response to comments, we have revised the compliance dates to allow 
more time for certain existing area sources to comply with the NESHAP. 
The owner or operator of an existing slabstock flexible polyurethane 
foam production-affected source must comply with all of the 
requirements of this area source NESHAP by July 16, 2008 instead of 
July 16, 2007. As proposed, the owner or operator of an existing molded 
flexible polyurethane foam production, an existing rebond foam 
production, or an existing flexible polyurethane foam fabrication 
affected source must comply by July 16, 2007. The owner or operator of 
a new area source must comply by July 16, 2007 or at startup, whichever 
is later.
2. Emissions Standards and Management Practices
    The Flexible Polyurethane Foam Production and Flexible Polyurethane 
Foam Fabrication area source categories were listed pursuant to section 
112(c)(3) for their contribution of the Urban HAP methylene chloride. 
No changes have been made since proposal to the required emissions 
standards and management practices. Table 1 of this preamble summarizes 
the various types of foam production and fabrication area sources 
covered by this final rule and the corresponding regulatory strategies. 
As shown in the table below, slabstock foam producers may still use 
limited amounts of methylene chloride as an auxiliary blowing agent 
(ABA). The technologies determined to be GACT for slabstock foam 
production area sources significantly reduce, but do not always 
eliminate the use of methylene chloride as an ABA. Methylene chloride 
use is prohibited for other uses at foam production and foam 
fabrication facilities.

  Table 1.--Foam Production and Fabrication Processes and Corresponding
                               Regulations
------------------------------------------------------------------------
           Area source types                     Final regulation
------------------------------------------------------------------------
1. Slabstock polyurethane foam           a. Emission limits for
 production.                              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.
2. Molded polyurethane foam production.  Prohibit use of methylene
                                          chloride as mold release agent
                                          or equipment cleaner.
3. Rebond foam production..............  Prohibit use of methylene
                                          chloride as mold release
                                          agent.
4. Foam fabrication adhesive use.......  Prohibit use of methylene
                                          chloride adhesives.
------------------------------------------------------------------------

    For slabstock foam production area sources, we are requiring 
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 are required 
for methylene chloride storage vessels. The management practices 
require plants to identify and correct leaking pumps and other 
equipment in methylene chloride service. Specifically, owners or 
operators must check periodically for equipment leaks (from quarterly 
for pumps and valves to annual for connectors) using EPA Method 21 (40 
CFR part 60, appendix A). Leaks, which are defined as a reading of 
10,000 parts per million (ppm) or greater, must be corrected within 15 
days of when they are detected. The use of methylene chloride to clean 
mix heads and other equipment is prohibited.
    Slabstock foam facilities that do not use any methylene chloride at 
the facility are not subject to these emissions limitations and 
management practices. Such facilities are, however, required to submit 
a one-time report.
    This final rule prohibits the use of methylene chloride-based mold 
release agents at molded and rebond foam facilities, methylene 
chloride-based equipment cleaners at molded foam facilities, and 
methylene chloride-based adhesives for foam fabrication.
3. Compliance Requirements
    No changes have been made since proposal to the compliance 
requirements. Slabstock foam area sources continuing to use methylene 
chloride are required to monitor methylene chloride added at slabstock 
production mixheads and the methylene chloride contained in and added 
to methylene chloride storage tanks. Plants using carbon adsorber 
systems to control emissions from methylene chloride storage tanks must 
monitor the methylene chloride content of exhaust streams from outlet 
vents. Plants using a recovery device to reduce methylene chloride 
emissions are required to comply with a recovered methylene chloride 
monitoring and recordkeeping program.
    The owner or operator of a slabstock foam production area source 
that continues to use methylene chloride as an ABA must submit 
semiannual reports containing information on allowable and actual 
methylene chloride emissions, carbon adsorbers on storage tanks, and 
equipment leaks. Owners and operators are also required to submit 
annual compliance

[[Page 38870]]

certifications. Records are 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. Slabstock foam plants that do not use any 
methylene chloride must submit a one-time certification as part of 
their notification of compliance status.
    Molded foam, rebond foam, and foam fabrication area source 
facilities which operate loop slitters must prepare, and keep on file, 
compliance certifications which certify that the facility is not using 
the prohibited methylene-chloride based products. The area source 
plants must also maintain records documenting that the products they 
are using do not contain any methylene chloride. These can be records 
that would be kept in the absence of this final rule such as adhesive 
usage information and Material Safety Data Sheets. Foam fabrication 
area source plants which do not operate loop slitters 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, is subject to the 
methylene chloride emissions limits, is required to comply with several 
requirements of the General Provisions in 40 CFR part 63, subpart A. We 
have identified in the final NESHAP the General Provisions that apply 
to existing and new sources.
    For slabstock foam production facilities that have eliminated the 
use of methylene chloride and are not subject to the emissions 
limitations in this final rule, we are requiring that owners or 
operators submit a notification certifying that they do not use any 
methylene chloride. Slabstock foam facilities that choose to use 
methylene chloride in the future will be subject to the emission limits 
and other requirements discussed above.

E. NESHAP for Lead Acid Battery Manufacturing Area Sources

1. Applicability and Compliance Dates
    This final NESHAP applies to new and existing lead acid battery 
manufacturing plants that are area sources. The owner or operator of an 
existing source must comply with all the requirements of this area 
source NESHAP by July 16, 2008. The owner or operator of a new source 
must comply with this area source NESHAP by July 16, 2007 or at 
startup, whichever is later.
2. Emissions Standards and Management Practices
    The Lead Acid Battery Manufacturing area source category was listed 
for regulation pursuant to section 112(c)(3) for its contribution of 
the Urban HAP lead and cadmium. As proposed, we are adopting as the 
NESHAP for the Lead Acid Battery Manufacturing area source category the 
numerical emissions limits for grid casting, paste mixing, three-
process operations, lead oxide manufacturing, lead reclamation, and 
other lead emitting processes in 40 CFR 60.372 of the new source 
performance standards (NSPS) for lead acid batteries. These lead 
discharge limits are:
     0.40 milligram of lead per dry standard cubic meter of 
exhaust (mg/m\3\) from grid casting facilities,
     1.00 mg/m\3\ from paste mixing facilities,
     1.00 mg/m\3\ from three-process operation facilities,
     5.0 mg per kilogram of lead feed from lead oxide 
manufacturing facilities,
     4.50 mg/m\3\ from lead reclamation facilities, and
     1.0 mg/m\3\ from any other lead-emitting operations.
    We are also adopting the opacity limits from the lead acid battery 
NSPS. The opacity of emissions must be no greater than 5 percent from 
lead reclamation facilities and no greater than 0 percent from any 
affected facility except lead reclamation facilities.
3. Compliance Requirements
    At proposal, we stated that we would adopt in this NESHAP the 
compliance requirements in the NSPS for lead acid batteries. We 
incorrectly stated in the proposal that title V would not add 
monitoring to the proposed NESHAP. While that statement was accurate 
for emissions units controlled by scrubbing systems, it was not 
accurate for emissions units controlled by fabric filters. We 
recognized our error during our consideration of comments submitted on 
the proposal. We have incorporated the part 63 monitoring, 
recordkeeping, and reporting requirements for all emissions units 
instead of those in part 60. We concluded that the part 63 General 
Provisions are more appropriate for this NESHAP than are the part 60 
General Provisions that were proposed. We have also added periodic 
monitoring, recordkeeping, and reporting requirements for emissions 
units controlled by fabric filters.
    We are adopting in this NESHAP the testing and monitoring and 
requirements in the NSPS for lead acid batteries. These provisions 
include the requirement to conduct a performance test and opacity 
measurement for each source. They also require continuous monitoring of 
the pressure drop for sources controlled by scrubbing systems. In 
addition to these requirements, we added to the final rule daily 
recordkeeping and semiannual reporting requirements for emissions units 
that are controlled by scrubbing systems.
    We added to the final rule monitoring, recordkeeping, and reporting 
requirements for emissions units that are controlled by fabric filters. 
These requirements direct facilities to conduct semiannual inspections 
of fabric filter structure and bags, and to either: (1) Measure and 
record the pressure drop across the fabric filter once per day, or (2) 
conduct daily visible emission observations. If visible emissions are 
detected, the final rule requires that an opacity measurement be made. 
A weekly rather than daily alternative monitoring frequency is also 
available for emissions units that utilize high efficiency particulate 
air (HEPA) filters in combination with fabric filters.
    We are also adopting the testing, monitoring, recordkeeping, and 
reporting requirements and the initial notification and notification of 
compliance requirements in the part 63 General Provisions (40 CFR part 
63, subpart A). We concluded that the part 63 General Provisions are 
more appropriate for this NESHAP than the part 60 General Provisions 
that were proposed.
    We have clarified the deadline for submission of initial 
notifications required by Sec.  63.9 of the General Provisions (40 CFR 
part 63, subpart A). The initial notification of applicability required 
for existing facilities is due by November 13, 2007. The notification 
of compliance status is due 60 days after the 1 year deadline for 
compliance September 15, 2008. We have identified in the final NESHAP 
the applicable General Provisions of 40 CFR part 63.
    The final NESHAP allows existing plants to utilize previously 
conducted performance tests, when they are representative of current 
conditions, to demonstrate compliance. Plants without representative 
prior performance tests are required to conduct performance tests by 
180 days after the compliance date.

F. NESHAP for Wood Preserving Area Sources

1. Applicability and Compliance Dates
    This final NESHAP applies to new and existing wood preserving 
plants

[[Page 38871]]

that are area sources. The owner or operator of an existing source must 
comply with all the requirements of this area source NESHAP by July 16, 
2007. The owner or operator of a new source must comply by July 16, 
2007 or at startup, whichever is later.
2. Emissions Standards and Management Practices
    The Wood Preserving area source category was listed for regulation 
under section 112(c)(3) for its contribution of the following Urban 
HAP: arsenic, chromium, methylene chloride, and dioxin. The only 
changes to the rule made since proposal are clarifications of 
applicability and the required management practices.
    We are adopting as the NESHAP for the Wood Preserving area source 
category the control technologies and management practices that we have 
determined are generally available, considering cost, for the wood 
preserving industry. We have revised the rule since proposal to clarify 
that the management practices and other recordkeeping and notification 
requirements in the NESHAP apply to those facilities that are using a 
wood preservative containing arsenic, chromium, dioxins, or methylene 
chloride.
    The NESHAP requires that facilities using a pressure treatment 
process use a retort or similarly enclosed vessel for the preservative 
treatment of wood involving any wood preservative containing chromium, 
arsenic, dioxins, or methylene chloride. Facilities using a thermal 
treatment process involving any wood preservative containing chromium, 
arsenic, dioxins, or methylene chloride are required to use process 
treatment tanks equipped with air scavenging systems to capture and 
control air emissions.
    This final rule also requires facility owners or operators using 
any wood preservative containing chromium, arsenic, dioxins, or 
methylene chloride 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 are 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 retort (or similarly 
enclosed vessel, 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, we proposed a 
requirement for facilities to fully drain the retort prior to opening 
the retort door. In the final rule, we have clarified this provision to 
require facilities to fully drain the retort to the extent practicable, 
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 
management practices plan if those procedures include the minimum 
activities required for a management practices plan.
3. Compliance Requirements
    No changes have been made since proposal to the compliance 
requirements for wood preserving facilities. Plants that use any wood 
preservative containing chromium, arsenic, dioxins, or methylene 
chloride are required to comply with the notification requirements in 
the part 63 General Provisions (40 CFR part 63, subpart A). This final 
rule establishes the content and deadlines for submission of the 
notifications. We have explicitly identified in this final NESHAP the 
applicable General Provisions of 40 CFR part 63.
    The final standards require recordkeeping to serve as monitoring 
and deviation reporting to demonstrate compliance. The compliance 
requirements for new and existing area sources are based on certain 
notification requirements in the part 63 General Provisions. The 
initial notification of applicability required by 40 CFR 63.9(b)(2) 
requires the owner or operator to identify the plant as an area source 
subject to the standards. The notification of compliance status 
requires the owner or operator to certify compliance with the 
standards. No other recordkeeping or reporting requirements in the 
General Provisions are applicable.

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

    Section 502(a) of the CAA provides that the Administrator may 
exempt an area source category from title V if he determines that 
compliance with title V requirements is ``impracticable, infeasible, or 
unnecessarily burdensome'' on an area source category. See CAA section 
502(a). In December 2005, in a national rulemaking, EPA interpreted the 
term ``unnecessarily burdensome'' in CAA section 502 and developed a 
four-factor balancing test for determining whether title V is 
unnecessarily burdensome for a particular area source category, such 
that an exemption from title V is appropriate. See 70 FR 75320, 
December 19, 2005 (``Exemption Rule'').
    The four factors that EPA identified in the Exemption Rule for 
determining whether title V is ``unnecessarily burdensome'' on a 
particular area source category include: (1) Whether title V would 
result in significant improvements to the compliance requirements, 
including monitoring, recordkeeping, and reporting, that are proposed 
for an area source category (70 FR 75323); (2) whether title V 
permitting would impose significant burdens on the area source category 
and whether the burdens would be aggravated by any difficulty the 
sources may have in obtaining assistance from permitting agencies (70 
FR 75324); (3) whether the costs of title V permitting for the area 
source category would be justified, taking into consideration any 
potential gains in compliance likely to occur for such sources (70 FR 
75325); and (4) whether there are implementation and enforcement 
programs in place that are sufficient to assure compliance with the 
NESHAP for the area source category, without relying on title V permits 
(70 FR 75326).
    In discussing the above factors in the Exemption Rule, we explained 
that we considered on ``a case-by-case basis the extent to which one or 
more of the four factors supported title V exemptions for a given 
source category, and then we assessed whether considered together those 
factors demonstrated that compliance with title V requirements would be 
`unnecessarily burdensome' on the category, consistent with section 
502(a) of the Act.'' See 70 FR 75323. Thus, in the Exemption Rule, we 
explained that not all of the four factors must weigh in favor of 
exemption for EPA to determine that title V is unnecessarily burdensome 
for a particular area source category. Instead, the factors are to be 
considered in

[[Page 38872]]

combination, and EPA determines whether the factors, taken together, 
support an exemption from title V for a particular source category.
    In response to the proposed rule, we received a comment concerning 
the proposed title V exemptions. In response to this comment, we re-
examined the four factors for each of the area source categories for 
which we had proposed an exemption. As explained below, after 
evaluating the relevant factors, we again conclude that the 
requirements of title V would be unnecessarily burdensome on the area 
source categories for which we proposed an exemption from title V.
    In the Exemption Rule, in addition to determining whether 
compliance with title V requirements would be unnecessarily burdensome 
on an area source category, we considered, consistent with the guidance 
provided by the legislative history of section 502(a), whether 
exempting the area source category would adversely affect public 
health, welfare or the environment. See 70 FR 15254-15255, March 25, 
2005. As discussed below in sections IV.A through IV.D of this 
preamble, we have determined that the proposed exemptions from title V 
would not adversely affect public health, welfare and the environment. 
We therefore finalize the proposed exemptions in this rule.

A. Acrylic and Modacrylic Fibers Production

    In sections IV.A through IV.D of this preamble, we apply the four-
factor balancing test to determine whether title V is unnecessarily 
burdensome on the area source category. Starting with the first factor, 
which is to determine whether title V permits would result in 
significant improvements to the compliance requirements for the Acrylic 
and Modacrylic Fibers Production area source category, we compared the 
monitoring, recordkeeping, and reporting requirements of title V 
permitting to those requirements in the final NESHAP. As noted above 
(see section III.A of this preamble), the final NESHAP adopts the 
compliance requirements in the State-issued permit for the one area 
source plant currently in operation.
    Specifically, this final rule requires CPMS to measure and record 
the water flow rate to the control device (wet scrubber) every 15 
minutes and to determine the daily average flow rate. Periodic visual 
inspections of AN storage tanks equipped with a fixed roof in 
combination with an internal floating roof must be conducted according 
to the NSPS requirements in 40 CFR part 60, subpart Kb. This final 
rule, therefore, contains both continuous and noncontinuous monitoring 
requirements, which constitute periodic monitoring. Under EPA's Final 
Rule Interpreting the Scope of Certain Monitoring Requirements for 
State and Federal Operating Permits Programs (71 FR 75422, December 15, 
2006) (``Interpretive Rule''), if an applicable requirement, such as a 
NESHAP, contains periodic testing or instrumental or non-instrumental 
monitoring (i.e., periodic monitoring), permitting authorities are not 
authorized to assess the sufficiency of or impose new monitoring 
requirements on a case-by-case basis; therefore, title V would not 
impose additional monitoring requirements on sources in this category.
    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 final rule for acrylic and modacrylic fibers production 
requires the owner or operator to submit an initial certification of 
compliance that must be signed by a responsible official. In addition, 
the owner or operator must determine compliance with daily average 
operating limits for the water flow rates to each control device on a 
monthly basis and 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 the delegated authority in writing within 10 days 
of the identification of the exceedance. Reports of performance test 
results are required. New and existing sources are also required to 
comply with the requirements for SSM plans, reports, and records in 40 
CFR 63.6(e)(3). When an SSM report must be submitted, it must consist 
of a letter, containing the name, title, and signature of the owner or 
operator or other responsible official who is certifying its accuracy.
    Records are required to demonstrate compliance with the NSPS 
inspection and repair requirements for storage tanks in 40 CFR part 60, 
subpart Kb. Records are also required for the monthly compliance 
determination for scrubber operating limits. The information required 
in the final rule is similar to the information that must be provided 
in the deviation reports and semiannual monitoring reports requi