National Emission Standards for Hazardous Air Pollutants for Iron and Steel Foundries Area Sources, 52984-53011 [E7-17972]
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Federal Register / Vol. 72, No. 179 / Monday, September 17, 2007 / Proposed Rules
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 63
[EPA–HQ–OAR–2006–0359; FRL–8466–7]
RIN 2060–AM36
National Emission Standards for
Hazardous Air Pollutants for Iron and
Steel Foundries Area Sources
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
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AGENCY:
SUMMARY: EPA is proposing national
emission standards for hazardous air
pollutants for two area source categories
(iron foundries and steel foundries). The
proposed requirements for the two area
source categories are combined in one
subpart. The proposed rule establishes
different requirements for foundries
based on size. Small iron and steel
foundries would be required to comply
with pollution prevention management
practices for metallic scrap, the removal
of mercury switches, and binder
formulations. Large iron and steel
foundries would be required to comply
with the same pollution prevention
management practices as small
foundries in addition to emissions
limitations for melting furnaces and
foundry operations. EPA is also coproposing two alternatives. One
alternative would set a higher size
threshold for large foundries. The
second alternative proposes that all iron
and steel foundries comply with the
pollution prevention management
practices for metallic scrap, the removal
of mercury switches, and binder
formulations. The proposed standards
reflect the generally achievable control
technology and/or management
practices for each subcategory.
DATES: Comments must be received on
or before October 17, 2007, unless a
public hearing is requested by
September 27, 2007. If a hearing is
requested on this proposed rule, written
comments must be received by
November 1, 2007. Under the
Paperwork Reduction Act, comments on
the information collection provisions
must be received by OMB on or before
October 17, 2007.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OAR–2006–0359, by one of the
following methods:
• www.regulations.gov: Follow the
on-line instructions for submitting
comments.
• E-mail: a-and-r-Docket@epa.gov.
• Fax: (202) 566–9744.
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• Mail: Area Source NESHAP for Iron
and Steel Foundries Docket,
Environmental Protection Agency, Air
and Radiation Docket and Information
Center, Mailcode: 2822T, 1200
Pennsylvania Ave., NW., Washington,
DC 20460. Please include a total of two
copies. In addition, please mail a copy
of your comments on the information
collection provisions to the Office of
Information and Regulatory Affairs,
Office of Management and Budget
(OMB), Attn: Desk Officer for EPA, 725
17th St., NW., Washington, DC 20503.
• Hand Delivery: EPA Docket Center,
Public Reading Room, EPA West, Room
3334, 1301 Constitution Ave., NW.,
Washington, DC 20460. Such deliveries
are only accepted during the Docket’s
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–HQ–OAR–2006–
0359. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or e-mail. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an e-mail
comment directly to EPA without going
through www.regulations.gov, your email address will be automatically
captured and included as part of the
comment that is placed in the public
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
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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 NESHAP for Iron and Steel
Foundries Area Sources Docket, at the
EPA Docket and Information Center,
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: Mr.
Conrad Chin, 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–
1512; fax number: (919) 541–3207; email address: chin.conrad@epa.gov.
SUPPLEMENTARY INFORMATION:
Outline. The information in this
preamble is organized as follows:
I. General Information
A. Does this action apply to me?
B. What should I consider as I prepare my
comments to EPA?
C. Where can I get a copy of this
document?
D. When would a public hearing occur?
II. Background Information for This Proposed
Rule
A. What is the statutory authority for
NESHAP?
B. What area source categories are affected
by the proposed NESHAP?
C. What are the processes and emissions
sources at iron and steel foundries?
III. Summary of This Proposed Rule
A. What are the applicability provisions
and compliance dates?
B. What emissions standards are in the
form of pollution prevention
management practices?
C. What are the requirements for small iron
and steel foundries?
D. What are the requirements for large iron
and steel foundries?
IV. Rationale for This Proposed Rule
A. How did EPA subcategorize iron and
steel foundries?
B. What is the performance of control
technologies for metal melting furnaces?
C. How did EPA determine the GACT
requirements for metal HAP from small
iron and steel foundries?
D. How did EPA determine the GACT
requirements for metal HAP from large
iron and steel foundries?
E. How did EPA determine the GACT
requirements for organic HAP from iron
and steel foundries?
F. How did EPA select the proposed
compliance requirements?
V. Summary of Impacts of This Proposed
Rule
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VI. Proposed Exemption From Title V Permit
Requirements
VII. 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
Category
NAICS code 1
Industry ........................
331511 ........................
331512 ........................
331513 ........................
1 North
Minority Populations and Low-Income
Populations
I. General Information
A. Does this action apply to me?
The regulated category and entities
potentially affected by this proposed
action include:
Examples of regulated entities
Iron foundries. Iron and steel plants. Automotive and large equipment manufacturers.
Steel investment foundries.
Steel foundries (except investment).
American Industry Classification System.
This table is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
affected by this action. To determine
whether your facility would be
regulated by this action, you should
examine the applicability criteria in 40
CFR 63.10880 of subpart ZZZZZ
(National Emission Standards for
Hazardous Air Pollutants for Iron and
Steel Foundries Area Sources). If you
have any questions regarding the
applicability of this action to a
particular entity, consult either the air
permit authority for the entity or your
EPA regional representative as listed in
40 CFR 63.13 of subpart A (General
Provisions).
B. What should I consider as I prepare
my comments to EPA?
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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), Environmental
Protection Agency, Office of Air Quality
Planning and Standards, Research
Triangle Park, North Carolina 27711,
Attention Docket ID EPA–HQ–OAR–
2006–0359. 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.
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C. Where can I get a copy of this
document?
In addition to being available in the
docket, an electronic copy of this
proposed action will also be available
on the Worldwide Web (WWW) through
EPA’s Technology Transfer Network
(TTN). A copy of this proposed action
will be posted on the TTN’s policy and
guidance page for newly proposed or
promulgated rules at the following
address: https://www.epa.gov/ttn/oarpg/.
The TTN provides information and
technology exchange in various areas of
air pollution control.
D. When would a public hearing occur?
If anyone contacts EPA requesting to
speak at a public hearing concerning
this proposed rule by September 27,
2007, we will hold a public hearing on
October 2, 2007. If you are interested in
attending the public hearing, contact
Ms. Pamela Garrett at (919) 541–7966 to
verify that a hearing will be held. If a
public hearing is held, it will be held at
10 a.m. at the EPA’s Environmental
Research Center Auditorium, Research
Triangle Park, NC, or an alternate site
nearby.
II. Background Information for This
Proposed Rule
A. What is the statutory authority for
NESHAP?
Section 112(d) of the Clean Air Act
(CAA) requires us to establish national
emission standards for hazardous air
pollutants (NESHAP) for both major and
area sources of hazardous air pollutants
(HAP) that are listed for regulation
under CAA section 112(c). A major
source emits or has the potential to emit
10 tons per year (tpy) or more of any
single HAP or 25 tpy or more of any
combination of HAP. An area source is
a stationary source that is not a major
source.
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Section 112(k)(3)(B) of the CAA calls
for EPA to identify at least 30 air toxics
that pose the greatest potential health
threat in urban areas, and section
112(c)(3) requires EPA to regulate the
area source categories that represent 90
percent of the emissions of the 30
‘‘listed’’ air toxics. We implement these
requirements through the Integrated
Urban Air Toxics Strategy (64 FR 38715,
July 19, 1999). A primary goal of the
Strategy is to achieve a 75 percent
reduction in cancer incidence
attributable to HAP emitted from
stationary sources.
We added iron foundries and steel
foundries to the Integrated Urban Air
Toxics Strategy Area Source Category
List on June 26, 2002 (67 FR 43113). The
inclusion of these two source categories
to the section 112(c)(3) area source
category list is based on EPA’s use of
1990 as the baseline year for that listing.
Both of these source categories were
listed as contributing a percentage of the
total area source emissions for the
following ‘‘urban’’ HAP: Compounds of
chromium, lead, manganese, and nickel.
Under CAA section 112(d)(5), we may
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.’’ Additional information on
the definition of generally available
control technology (GACT) is found in
the Senate report on the legislation
(Senate Report Number 101–228,
December 20, 1989), which indicates
GACT means:
* * * methods, practices and techniques
which are commercially available and
appropriate for application by the sources in
the category considering economic impacts
and the technical capabilities of the firms to
operate and maintain the emissions control
systems.
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Consistent with the legislative history,
we can consider costs and economic
impacts in determining GACT, which is
particularly important when developing
regulations for source categories that
may have few establishments and many
small businesses.
Determining what constitutes GACT
involves considering the control
technologies and management practices
that are generally available to the area
sources in the source category. We also
consider the standards applicable to
major sources in the same industrial
sector to determine if the control
technologies and management practices
are transferable and generally available
to area sources. In appropriate
circumstances, we may also consider
technologies and practices at area and
major sources in similar categories to
determine whether such technologies
and practices could be considered
generally available for the area source
category at issue. Finally, as noted
above, in determining GACT for a
particular area source category, we
consider the costs and economic
impacts of available control
technologies and management practices
on that category.
Iron and steel foundries may emit
small quantities of mercury compounds,
dioxins, and HAP organics from
furnaces that melt scrap containing
tramp materials such as mercury
switches and chlorinated plastics.
Organic HAP emissions also result from
the use of binder and coating
formulations that contain HAP
components. As a result, we are
proposing pollution prevention
management practices for the control of
HAP (organics, metal compounds, and
mercury) in the charge materials used
by iron and steel foundries. Another
pollution prevention management
practice would require the use of nonmethanol binder formulations in certain
applications. We are also proposing that
foundries keep a record of the annual
quantity and composition of each HAPcontaining chemical binder or coating
material used to make molds and cores.
These records may assist area source
foundry owners or operators in their
pursuit of pollution prevention
opportunities.
We are proposing these national
emission standards in response to a
court-ordered deadline that requires
EPA to issue standards for 10 source
categories listed pursuant to section
112(c)(3) and (k) by December 15, 2007
(Sierra Club v. U.S. Environmental
Protection Agency, no. 01–1537, D.D.C.,
March 2006). Other rulemakings will
include standards for the remaining
source categories.
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B. What area source categories are
affected by the proposed NESHAP?
The Iron Foundries area source
category includes any facility engaged
in the production of final shape castings
from grades of iron. The Steel Foundries
area source category includes any
facility engaged in producing final
shape steel castings by the melting,
alloying, and molding of pig iron and
steel scrap. The proposed area source
NESHAP combines the requirements for
both area source categories into one rule
because the processes are similar and
many foundries produce both iron and
steel castings.
The U.S. Census Bureau industry
statistics indicate that there were 1,015
ferrous foundries operating in the U.S.
in 2002. In 1998, we conducted a
detailed survey of all known iron and
steel foundries and received responses
from approximately 600 foundries. This
list of 600 foundries was updated in
2006 based on information received
from the industry trade organization and
through direct contact with foundry
owners and operators; numerous
foundries closed between 1998 and
2006. Based on this information, we
have detailed, process-specific
information on approximately 510 iron
and steel foundries that are currently
operating in the United States.
Approximately 80 of these facilities are
major sources subject to the NESHAP
for Iron and Steel Foundries in 40 CFR
part 63, subpart EEEEE. We have
identified a total of 427 iron and steel
foundries that are area sources and for
which we have detailed data.
Based on a comparison of the Census
Bureaus statistics, the detailed industry
survey responses, and the trends in the
iron and steel foundry industry, we
estimate that there may be up to 300
additional iron and steel foundries
operating in the United States for which
we do not have information regarding
their process operations. We expect that
the vast majority of these foundries are
small operations with melt production
less than 10,000 tpy.
Based on the updated industry
database, area source iron and steel
foundries are located in 43 of the
contiguous 48 States; 27 of these States
have at least 5 iron and steel foundries.
The States that have the greatest number
of area source iron and steel foundries
include Ohio, Pennsylvania, Wisconsin,
and California; each of these States has
more than 30 iron and steel foundries.
A few of the States have regulations for
particulate matter (PM) that impact iron
and steel foundry operations. The State
and local regulations often have a
sliding scale that allows small melting
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capacity furnaces to have much higher
PM emission per ton of metal melted
than larger furnaces.
C. What are the processes and emissions
sources at iron and steel foundries?
Iron and steel foundries manufacture
castings by pouring molten iron or steel
melted in a furnace into a mold of a
desired shape. The primary processing
units of interest at iron and steel
foundries, because of their potential to
generate metal HAP emissions, are
metal melting furnaces. HAP metal
compounds may also be emitted from a
variety of ancillary sources at the
foundry such as metal inoculation,
pouring, and grinding stations. Iron and
steel foundries may also release organic
HAP from cooling and shakeout lines,
mold and core making lines, and mold
and core coating lines, depending on the
type of molding system and chemical
binders used.
There are three primary types of
furnaces used to melt scrap metal at iron
and steel foundries—cupolas, electric
arc furnaces (EAF), and electric
induction furnaces (EIF). Cupolas are
used exclusively to produce molten
iron; EAF are used predominately to
produce molten steel, but are used at a
few iron and steel foundries to produce
molten iron. EIF are used to produce
either molten iron or molten steel.
Cupolas and EAF typically have larger
melting capacities than EIF; the vast
majority of area source iron and steel
foundries use EIF.
Cupolas are continuous blast
furnaces. Almost all emissions from a
cupola are contained in the flow of air
exiting the stack of the furnace, which
contains PM and organic compounds in
addition to carbon monoxide (CO). The
metal HAP in PM emissions from
cupolas are primarily compounds of
lead and manganese, with other HAP
such as compounds of cadmium,
chromium, mercury, and nickel present
in lesser amounts. These HAP originate
as impurities or trace elements in the
scrap metal fed to the furnace. Most
cupolas control PM emissions by
dedicated baghouses or wet scrubbers.
EAF and EIF metal melting furnaces
operate in batch mode; an operating
cycle consisting of charging, melting,
backcharging (in some cases), and
tapping. PM emissions from EAF and
EIF contain similar HAP metal
compounds as cupola furnaces, but may
also contain significant amounts of
compounds of chromium or nickel if
stainless steel or nickel alloy castings
are produced. Emissions from EIF are
often uncontrolled, but baghouses,
cyclones, and wet scrubbers are used to
control PM emissions from EIF at
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certain iron and steel foundries. PM
emissions from EAF are typically
controlled by baghouses.
Other potential emission sources of
HAP metals at iron and steel foundries
include inoculation, pouring, and
grinding stations. The total quantity of
metal HAP emitted from these sources
is small in comparison with the
emissions from the metal melting
furnaces. Capture and control of
inoculation and pouring emissions are
difficult due to the need to access the
molten metal during these operations.
Consequently, inoculation and pouring
emissions are typically fugitive
emission sources within the foundry.
Metal grinding typically generates
coarse PM emissions, which are often
captured and controlled to improve the
workplace environment. This coarse PM
does not pose a significant air emission
source, as these particles do not
generally transport from the foundry
building.
The majority of organic HAP
emissions from iron and steel foundry
operations are organic HAP contained in
either chemical binder or coating
formulations that may partially
evaporate or are otherwise emitted
during the chemical application
process. Organic HAP are also generated
by incomplete combustion of organic
material in the mold and core sand,
such as binder chemicals and seacoal,
when molten metal comes into contact
with organic materials.
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III. Summary of This Proposed Rule
This section presents a summary of
the requirements of this proposed rule
and proposed regulatory alternatives.
Additional details and the rationale for
the proposed requirements are provided
in section IV of this preamble.
A. What are the applicability provisions
and compliance dates?
The NESHAP would apply to each
new and existing iron and steel foundry
that is an area source. The compliance
dates for existing area source standards
would depend on whether the foundry
is determined to be small or large. We
are proposing to define a ‘‘small iron
and steel foundry’’ as an iron and steel
foundry that has an annual metal melt
production of 10,000 tons or less. An
iron and steel foundry that has an
annual metal melt production greater
than 10,000 tons would be classified as
a large foundry.
Each foundry would determine its
initial classification as a small or large
foundry using production data for
calendar year 2008. All foundries would
be required to comply with the
pollution prevention management
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practices for metallic scrap, removal of
mercury switches, and binder
formulations no later than 1 year after
the date of publication of the final rule
in the Federal Register. A large foundry
would be required to comply with
applicable emissions limitations and
operation and maintenance
requirements no later than 2 years after
initial classification.1 The owner or
operator of a new area source foundry
would be required to comply with the
rule requirements by the date of
publication of the final rule in the
Federal Register or upon startup,
whichever is later.
After the initial classification, a small
foundry that exceeds the 10,000 ton
annual production threshold during the
preceding calendar year must notify the
Administrator and comply with the
applicable requirements for a large
foundry within 2 years. For example, if
a small foundry produces more than
10,000 tons of melted metal from
January 1 through December 31, 2009,
that foundry would be required to
comply with the requirements for a
large foundry by January 2012. If a
facility is initially classified as a large
foundry (or a small foundry becomes a
large foundry), that facility must meet
the applicable requirements for a large
foundry for at least 3 years, even if its
annual production falls below 10,000
tons of melted metal. After 3 years, the
foundry may reclassify the facility as a
small foundry provided the annual
production for the preceding calendar
year was 10,000 tons of melted metal or
less. A large foundry that becomes small
must notify the Administrator and
comply with the applicable
requirements for small foundries
immediately. If a large foundry becomes
small and then its production exceeds
10,000 for a subsequent calendar year,
the foundry must notify the
Administrator and comply with the
applicable requirements for large
foundries immediately.
We are also co-proposing an
alternative plant size threshold that
would define a ‘‘small iron and steel
foundry’’ as an iron and steel foundry
that has an annual metal melt
production of 15,000 tons or less. An
iron and steel foundry that has an
annual metal melt production greater
than 15,000 tons would be classified as
a large foundry. The proposed rule
requirements under this alternative
plant size threshold would not differ
1 If
additional time is needed to install controls,
the owner or operator of an existing source can,
pursuant to 40 CFR 63.6(i)(4), request from the
permitting authority up to a 1-year extension of the
compliance date. See CAA section 112(i)(3)(B).
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from the proposed rule requirements
described above.
B. What emissions standards are in the
form of pollution prevention
management practices?
1. Metallic Scrap
The proposed material specification
requirements are based on pollution
prevention and require removal of HAPgenerating materials from metallic scrap
before melting. All foundries would
prepare and operate according to
written material specifications for one of
two equivalent compliance options.
One compliance option would require
foundries to prepare and operate
pursuant to written material
specifications for the purchase and use
of only metal ingots, pig iron, slitter, or
other materials that do not include
metallic scrap from motor vehicle
bodies, engine blocks, oil filters, oily
turnings, lead components, chlorinated
plastics, or free liquids. The term ‘‘free
liquids’’ is defined as material that fails
the paint filter test by EPA Method
9095B (incorporated by reference—see
40 CFR 63.14) in EPA Publication SW–
846, ‘‘Test Methods for Evaluating Solid
Waste, Physical/Chemical Methods’’.
The second compliance option would
require foundries to prepare and operate
pursuant to written material
specifications for the purchase and use
of scrap that has been depleted (to the
extent practicable) of organics and HAP
metals in the charge materials used by
the foundry. For scrap charged to a
scrap preheater or metal melting furnace
that is not equipped with an afterburner,
the materials specifications must
include requirements for metal scrap to
be depleted (to the extent practicable) of
used oil filters, chlorinated plastic parts,
accessible lead-containing components,
and free liquids. For scrap charged to a
cupola metal melting furnace that is
equipped with an afterburner, the
material specifications must include
requirements for metal scrap to be
depleted (to the extent practicable) of
chlorinated plastics, accessible leadcontaining components, and free
liquids.
Either material specification option
will achieve a similar HAP reduction
impact. Foundries may have certain
scrap subject to one option and other
scrap subject to another option provided
the metallic scrap remains segregated
until charge make-up.
2. Mercury Switch Removal
The proposed standards for mercury
are based on pollution prevention and
require a foundry owner or operator
who melts scrap from motor vehicles
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either to purchase (or otherwise obtain)
the motor vehicle scrap only from scrap
providers participating in an EPAapproved program for the removal of
mercury switches or to fulfill the
alternative requirements described
below. Foundries participating in an
approved program must maintain
records identifying each scrap provider
and documenting the scrap provider’s
participation in the EPA-approved
mercury switch removal program. A
proposed equivalent compliance option
is for the foundry to prepare and operate
pursuant to an EPA-approved sitespecific plan that includes
specifications to the scrap provider that
mercury switches must be removed
from motor vehicle bodies at an
efficiency comparable to that of the
EPA-approved mercury switch removal
program (see below). An equivalent
compliance option is provided for
facilities that do not use motor vehicle
scrap that contains mercury switches.
We expect most facilities that use
motor vehicle scrap will choose to
comply by purchasing motor vehicle
scrap only from scrap providers who
participate in a program for removal of
mercury switches that has been
approved by the Administrator. The
National Vehicle Mercury Switch
Recovery Program (NVMSRP) 2 would
be an approved program under this
proposed standard. Facilities choosing
to use the NVMSRP as a compliance
option would have to assume all of the
responsibilities for steelmakers as
described in the Memorandum of
Understanding.
Foundries could also obtain scrap
from scrap providers participating in
other programs. To do so, the facility
owner or operator would have to submit
a request to the Administrator for
approval to comply by purchasing scrap
from scrap providers that are
participating in another switch removal
program and demonstrate to the
Administrator’s satisfaction that the
program meets the following specified
criteria: (1) There is an outreach
program that informs automobile
dismantlers of the need for removal of
mercury switches and provides training
and guidance on switch removal, (2) the
program has a goal for the removal of at
least 80 percent of the mercury
switches, and (3) the program sponsor
must submit annual progress reports on
the number of switches removed and
the estimated number of motor vehicle
bodies processed (from which a
2 For details see: https://www.epa.gov/mercury/
switch.htm. In particular, see the signed
Memorandum of Understanding.
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percentage of switches removed is easily
derivable).
Facilities that purchase motor vehicle
scrap from scrap providers that do not
participate in an EPA-approved mercury
switch removal program would have to
prepare and operate pursuant to and in
conformance with a site-specific plan
for the removal of mercury switches,
and the plan must include provisions
for obtaining assurance from scrap
providers that mercury switches have
been removed. The plan would be
submitted to the Administrator for
approval and would demonstrate how
the facility will comply with specific
requirements that include: (1) A means
of communicating to scrap purchasers
and scrap providers the need to obtain
or provide motor vehicle scrap from
which mercury switches have been
removed and the need to ensure the
proper disposal of the mercury
switches, (2) provisions for obtaining
assurance from scrap providers that
motor vehicle scrap provided to the
facility meets the scrap specifications,
(3) provisions for periodic inspection,
site visits, or other means of
corroboration to ensure that scrap
providers and dismantlers are
implementing appropriate steps to
minimize the presence of mercury
switches in motor vehicle scrap, (4)
provisions for taking corrective actions
if needed, and (5) requiring each motor
vehicle scrap provider to provide an
estimate of the number of mercury
switches removed from motor vehicle
scrap sent to the facility during the
previous year and the basis for the
estimate. The Administrator would be
able to request documentation or
additional information from the owner
or operator at any time. The site-specific
plan must establish a goal for the
removal of at least 80 percent of the
mercury switches. All documented and
verifiable mercury-containing
components removed from motor
vehicle scrap would count towards the
80 percent goal.
An equivalent compliance option
would be provided for foundries that do
not utilize motor vehicle scrap that
contains mercury. The option would
require the facility to certify that the
only materials they are charging from
motor vehicle scrap are materials
recovered for their specialty alloy
content, such as chromium in certain
exhaust systems, and these materials are
known not to contain mercury.
Records would be required to
document conformance with the
material specifications for metallic
scrap, restricted scrap, and mercury
switches. Each foundry would be
required to submit semiannual reports
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that clearly identify any deviation from
the scrap management requirements.
These reports can be submitted as part
of the semiannual reports required by 40
CFR 63.10 of the general provisions.
3. Binder Formulations
For each furfuryl alcohol warm box
mold or core making line, new and
existing foundries would be required to
use a binder chemical formulation that
does not use methanol as a specific
ingredient of the catalyst formulation.
This requirement would not apply to
the resin portion of the binder system.
This proposed rule includes
recordkeeping requirements to
document conformance with this
requirement.
C. What are the requirements for small
iron and steel foundries?
This proposed rule requires small iron
and steel foundries to comply with the
pollution prevention management
practices for metallic scrap, mercury
switches, and binder formulations
described above. The owner or operator
would be required to submit an initial
notification of applicability no later
than 120 calendar days after the final
rule is published in the Federal Register
(or within 120 days after the foundry
becomes subject to the standard; see 40
CFR 63.9(b)(2)). The foundry would also
be required to submit an initial written
notification to the Administrator that
identifies their facility as a small (or
large) foundry; this notification would
be due no later than 1 year after the date
of publication of the final rule in the
Federal Register. Subsequent
notifications would be required within
30 days for a change in process or
operations that reclassifies the status of
the facility and its compliance
obligations. A small foundry would also
be required to submit a notification of
compliance status according to the
requirements in 40 CFR 63.9(h) of the
General Provisions (40 CFR part 63,
subpart A). The notification of
compliance status would include
certifications of compliance for the
pollution prevention management
practices. This proposed rule also
requires small foundries to keep records
of monthly metal melt production and
report any deviation from the pollution
prevention management practices in the
semiannual report required by 40 CFR
63.10 of the NESHAP general
provisions.
We are also proposing to require small
foundries to keep a record of the annual
quantity and composition of each HAPcontaining chemical binder or coating
material used to make molds and cores.
These records must be copies of
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purchasing records, Material Data Safety
Sheets, or other documentation that
provide information on binder
materials. The purpose of this
requirement is to encourage foundries to
investigate and use nonHAP binder and
coating materials wherever feasible.
D. What are the requirements for large
iron and steel foundries?
This proposed NESHAP requires large
iron and steel foundries to comply with
the pollution prevention management
practices described in section III.B of
this preamble. In addition, large iron
and steel foundries would be required to
operate capture and collection systems
for metal melting furnaces and comply
with emissions limitations, operation
and maintenance, monitoring, testing,
and recordkeeping and reporting
requirements. We are also co-proposing
an alternative under which we would
not subcategorize between large and
small foundries. Under this alternative,
all foundries would be required to
comply with the pollution prevention
management practices described in
section III.B of this preamble, but no
foundries would be subject to the
requirements described in section III.D
of this preamble, such as the
requirements for capture and collection
systems, emissions limitations, and
associated monitoring, recordkeeping,
and reporting.
mstockstill on PROD1PC66 with PROPOSALS3
1. Emissions Limitations
Large foundries would be required to
comply with emissions limits for metal
melting furnaces. A metal melting
furnace includes cupolas, EAF, EIF, or
other similar devices (excluding holding
furnaces, argon oxygen decarburization
vessels, or ladles that receive molten
metal from a metal melting furnace, to
which metal ingots or other materials
may be added to adjust the metal
chemistry). The proposed emissions
limits for metal melting furnaces are:
• 0.8 pounds of PM per ton of metal
melted (lb/ton of PM) or 0.06 pounds of
total metal HAP per ton of metal melted
(lb/ton of total metal HAP) for each
metal melting furnace at an existing iron
and steel foundry.
• 0.1 lb/ton of PM or 0.008 lb/ton of
total metal HAP for each metal melting
furnace at a new iron and steel foundry.
The owner or operator of a foundry
may choose to comply with these
emissions limits utilizing emissions
averaging as specified in this proposed
rule so that the production-weighted
average emissions from all metal
melting furnaces at the foundry for any
calendar month meet the applicable
emissions limit.
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Operating parameter limits would
apply to the control device applied to
emissions from a metal melting furnace.
For a wet scrubber, a foundry would
maintain the 3-hour average pressure
drop and scrubber water flow rate at or
above the minimum levels established
during the initial or subsequent
performance test. For an electrostatic
precipitator, a foundry would maintain
the voltage and secondary current (or
total power input) to the control device
at or above the level established during
the initial or subsequent performance
test. For a baghouse, a foundry would
maintain the pressure drop across each
baghouse cell within the range
established during the initial or
subsequent performance test.
The proposed NESHAP also includes
a fugitive emissions opacity limit of 20
percent for each building or structure
housing iron and steel foundry
operations. Foundry operations covered
by the fugitive emissions opacity limit
would include all process equipment
and practices used to produce metal
castings for shipment including mold or
core making and coating; scrap handling
and preheating; metal melting and
inoculation; pouring, cooling, and
shakeout; shotblasting, grinding and
other metal finishing operations; and
sand handling.
2. Operation and Maintenance
Requirements
The owner or operator would be
required to prepare and operate by an
operation and maintenance (O&M) plan
for each control device used to comply
with the standards. Any other O&M,
preventative maintenance, or similar
plan which satisfies the specified
requirements could be used to comply
with the requirements for an O&M plan.
3. Monitoring Requirements
We are proposing that large iron and
steel foundries install and operate
continuous parameter monitoring
systems (CPMS) to measure and record
operating parameters of wet scrubbers
used to comply with PM or total metal
HAP emissions limit. For electrostatic
precipitators, the owner or operator may
measure and record the voltage and
secondary current (or total power input)
using a CPMS or manually record the
parameter(s) at least once a shift. For
baghouses, the owner or operator of an
existing foundry would conduct
periodic baghouse inspections and
manually check and record the pressure
drop across each baghouse cell at least
once a day or measure and record the
pressure drop using a CPMS. All CPMS
would be operated and maintained
according to the O&M plan.
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As an alternative means of
compliance, the owner or operator of an
existing area source can use a bag leak
detection system to demonstrate
continuous compliance with a PM or
total metal HAP emissions limit. Bag
leak detection systems are required for
positive or negative pressure baghouses
at a new area source foundry. If a bag
leak detection system is used, the owner
or operator must prepare and operate
pursuant to a monitoring plan for each
bag leak detection system; specific
requirements for the plan are included
in this proposed rule. 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, National Technical
Information Service (NTIS) publication
number PB98164676. This document is
available from the NTIS, 5385 Port
Royal Road, Springfield, VA 22161.
Monthly inspections of the equipment
that is important to the performance of
the capture system are also required.
The owner or operator must repair any
defect or deficiency in the capture
system before the next scheduled
inspection and record the results of each
inspection and the date of any repair.
If a large foundry complies with the
emissions limits for furnaces using
emissions averaging, the proposed
NESHAP requires the owner or operator
to demonstrate compliance on a
monthly basis. The facility would
determine the weighted average
emissions from all metal melting
furnaces at the foundry using an
equation included in this proposed rule.
The owner or operator would maintain
records of the monthly calculations and
report any exceedance in the
semiannual report.
4. Performance Tests
We propose that each large foundry
conduct a performance test to
demonstrate initial compliance with the
PM or total metal HAP emissions limit
and the opacity limit for fugitive
emissions within 180 days of
promulgation and submit the results in
the notification of compliance status. In
lieu of conducting an initial
performance test to demonstrate
compliance with the applicable PM or
total metal HAP limit for metal melting
furnaces, the owner or operator of an
existing foundry would be allowed to
submit the results of a previous
performance test provided the test was
conducted within the last 5 years using
the methods and procedures specified
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in the rule and either no process
changes have been made since the test,
or the test results reliably demonstrate
compliance despite process changes. If
the owner or operator does not have a
previous performance test that meets the
rule requirements, a test must be
conducted within 180 days of the
compliance date. Performance tests
would be required for all new area
source foundries. Subsequent tests for
furnaces would be required every 5
years and each time an operating limit
is changed or a process change occurs
that is likely to increase metal HAP
emissions from the furnace. Provisions
are included in this proposed rule for
determining compliance with PM or
total metal HAP emissions limits in a lb/
ton of metal melted format and for
establishing control device operating
parameter limits. This proposed rule
also includes requirements to perform
visual opacity testing every 6 months.
This proposed rule describes the
methods and requirements for these
semiannual opacity observations.
mstockstill on PROD1PC66 with PROPOSALS3
5. Recordkeeping and Reporting
Requirements
The owner or operator would be
required to submit an initial notification
that identifies the facility as a large (or
small) foundry. In addition, the owner
or operator would be required to comply
with certain requirements of the General
Provisions (40 CFR part 63, subpart A),
which are identified in Table 3 of this
proposed rule. The General Provisions
include specific requirements for
notifications, recordkeeping, and
reporting, including provisions for a
startup, shutdown, and malfunction
plan/reports required by 40 CFR 63.6(e).
In addition to the records required by 40
CFR 63.10, all foundries would be
required to maintain records to
document conformance with the
pollution prevention management
practice emissions standards for
metallic scrap, mercury switch removal,
and binder formulations as well as to
maintain records of annual melt
production and corrective action(s).
Large foundries must also prepare and
operate according to the O&M plan and
record monthly compliance calculations
for metal melting furnaces that comply
using emissions averaging, if applicable.
The owner or operator would submit
semiannual reports that provide
summary information on excursions or
exceedances (including the corrective
action taken), monitor downtime
incidents, and deviations from
management practices or O&M
requirements according to the
requirements in 40 CFR 63.10.
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We are also proposing to require all
foundries to keep a record of the annual
quantity and composition of each HAPcontaining chemical binder or coating
material used to make molds and cores.
These records must be copies of
purchasing records, Material Data Safety
Sheets, or other documentation that
provide information on binder
materials. The purpose of this
requirement, among other things, is to
encourage foundries to investigate and
use nonHAP binder and coating
materials wherever feasible.
IV. Rationale for This Proposed Rule
A. How did EPA subcategorize iron and
steel foundries?
As part of the GACT analysis, we
considered whether there were
differences in processes, sizes, or other
factors affecting emissions and control
technologies that would warrant
subcategorization. Under section
112(d)(1) of the CAA, EPA ‘‘may
distinguish among classes, types, and
sizes within a source category or
subcategory in establishing such
standards * * *’’. In our review of the
available data, we observed significant
differences between iron and steel
foundries based on the total melt
production capacities of the foundry.
For example, foundries with melt
production quantities of 10,000 tpy or
less represented over 70 percent of the
facilities, but only 25 percent of the
nationwide emissions. Small foundries
are much more likely to use EIF; 77
percent of all area source EIF are at
foundries with production of 10,000 tpy
or less. On the other hand, only 37
percent of the cupolas and 28 percent of
the EAF at area sources are at foundries
with production of 10,000 tpy or less.
Based on these differences, we
determined that subcategorization of
iron and steel foundries by size was
justified.
We evaluated the impacts of requiring
all metal melting furnaces to operate
with either a wet scrubber or baghouse
control system. Under this scenario,
foundries with melt capacities of 10,000
tpy or less incurred 74 percent of the
annualized control costs and
represented over 99 percent of the
foundries with annualized costs that
exceeded 3 percent of sales; however,
these foundries represented only 31
percent of the air emission reductions.
We also evaluated the relative
proportion of costs and emission
reductions at size thresholds of 5,000,
15,000, and 20,000 tpy melting capacity.
At lower capacity thresholds, the
control costs for foundries above the
threshold increased significantly while
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the emission reductions increased only
slightly. At higher capacity thresholds,
the control costs for foundries above the
threshold decreased but the emissions
reductions also decreased significantly.
Detailed information about the costs and
emission reductions at these other size
thresholds is available in the docket
(EPA–HQ–OAR–2006–0359). In light of
the relative emissions reductions and
costs for various thresholds, we
determined that a 10,000 tpy facilitywide melting capacity was the
appropriate threshold for
subcategorizing large and small
foundries.
Consequently, we are proposing to
subcategorize the iron and steel foundry
industry into ‘‘small’’ and ‘‘large’’
foundries. A ‘‘small iron and steel
foundry’’ would be defined as an iron
and steel foundry that has an annual
melt production of 10,000 tpy or less. A
‘‘large iron and steel foundry’’ would be
defined as an iron and steel foundry that
has an annual melt production greater
than 10,000 tpy. It should be noted that
this designation of small and large
foundries is in no way related to the
definition of ‘‘small entity’’ under the
Regulatory Flexibility Act. Furthermore,
the term ‘‘large’’ is relative; large area
source foundries may be quite small
compared to foundries that are subject
to the major source rule (40 CFR part 63,
subpart EEEEE).
In light of limits on our information
about costs, HAP emissions reductions,
and foundry operations, EPA is
evaluating whether, and how, to
subcategorize the source categories, and
what GACT is for the source categories
or subcategories. Therefore, EPA is coproposing two alternatives along with
the 10,000 tpy threshold for large
foundries. Under the first alternative,
the threshold for large foundries would
be set at 15,000 tpy. Under the second
alternative, there would be no
subcategorization, and all sources
would be required to comply with the
pollution prevention management
practices described in section III.B of
this preamble.
We also evaluated the different types
of furnaces and are considering
subcategorization based on furnace type.
As the different types of melting
furnaces operate differently and have
their own emission characteristics,
subcategorization by the type of furnace
would also be justified. We
subcategorized by furnace type when we
promulgated the major source Iron and
Steel Foundries NESHAP (40 CFR part
63 subpart EEEEE). EAF and cupolas
tend to be used at the larger foundries,
whereas EIF are prevalent at the smaller
foundries. Additionally, EAF and
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cupolas tend to have higher melting
capacities than EIF, especially at the
larger foundries. For example, 88
percent of all cupolas and EAF at
foundries with melt production greater
than 10,000 tpy have metal melting
capacities of 4 tons per hour (tph) or
greater, whereas only 36 percent of EIF
at these large foundries have metal
melting capacity of 4 tph or greater.
Based on the abundance of very small
EIF melting furnaces, even at large
foundries, we are also considering
subcategorizing the EIF metal melting
furnaces into ‘‘low capacity EIF’’ and
‘‘high capacity EIF.’’ High capacity EIF
would be subject to requirements
similar to the large foundry
requirements in section III.D of this
preamble, and low capacity EIF would
be treated similarly to small foundries
under this proposal. The threshold for
classification as a high capacity EIF
would be 4 or 5 tph.
We request comment, along with
supporting documentation, on these and
other possible alternative subcategories
based on plant size or furnace type.
Supporting documentation must be
provided in sufficient detail to allow
characterization of the quality and
representativeness of the data. We
specifically request comment on the
appropriateness of using a 5,000,
10,000, 15,000, or 20,000 tpy melting
capacity as the plant size threshold for
subcategorization. We also request
comment on subcategorizing the melting
furnaces by furnace type and size.
Specifically, we request comment along
with supporting documentation on
subcategorizing EIF into low and high
capacity furnaces using either a 4 or 5
tph melting capacity threshold. Based
on the comments received, we may elect
to subcategorize between large and
small iron and steel foundries, between
furnaces using alternative size
thresholds, a combination of foundry
size and furnace type, or we may elect
not to subcategorize at all.
B. What is the performance of control
technologies for metal melting furnaces?
Facility-specific and process-specific
data were available for iron and steel
foundries from a survey of the industry
conducted in 1998. A total of 595 survey
responses were originally received; the
responses included the types of process
units used at each foundry, the type of
control device used for each process,
and key design parameters of the
processes and control systems. These
data were updated based on additional
data collected through direct facility
contacts and through information
provided by the industry trade
organizations. After updating the data
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base, we have detailed information for
427 iron and steel foundries that are
currently operating and that are area
sources (i.e., that are not subject to the
NESHAP for Iron and Steel Foundries in
40 CFR part 63, subpart EEEEE, which
applies to major sources). Although this
data base likely does not include every
foundry in the United States, it includes
a significant majority of the foundries,
especially those foundries with melt
production quantities of 5,000 tpy or
more, and we believe it is reasonably
representative of the industry’s current
practices and controls.
In addition to the process design
information, we requested foundries
that had conducted emissions tests on
their foundry processes and/or control
systems to submit the source test results
and supporting information.
Performance data were available for
over 70 furnaces. Although most of
these data are for larger (often major
source) iron and steel foundries, these
data provide a reasonable basis for
assessing the performance of various
control approaches for metal melting
furnaces.
Metal HAP compounds from iron and
steel foundries are emitted primarily
from metal melting furnaces. These
metal HAP compounds are released as
filterable PM emissions, and
conventional PM control systems can be
used to significantly reduce the metal
HAP emissions from iron and steel
foundries. Fabric filters (baghouses or
cartridge filters) and wet scrubbers are
the predominant technologies used to
control PM from metal melting furnaces.
Fabric filter systems generally achieve
higher PM emissions reductions than
wet scrubbers, as applied in the iron
and steel foundry industry. Fabric filter
systems generally achieve 98 to 99.9
percent control efficiency. PM wet
scrubbers as used in the iron and steel
foundry industry are typically venturitype wet scrubbers that achieve a PM
reduction efficiency of 85 to 95 percent.
Electrostatic precipitators and cyclone
separators are also used at some iron
and steel foundry operations to control
metal melting furnace emissions. We
have test data for only one ESP; its
performance is comparable to the
performance of wet scrubbers. Cyclone
separators are used in limited
applications, primarily for EIF; emission
reduction efficiencies of cyclone
separators are expected to be between
40 and 70 percent.
Our review of the emissions test data
for metal melting furnaces showed that
although the different types of melting
furnaces have widely different
uncontrolled emissions, the controlled
emissions from the different types of
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52991
metal melting furnaces were consistent
between the different types of furnaces
when expressed in terms of pounds of
PM emitted per ton of metal charged (lb/
ton). After considering the control
technologies in use at area source
foundries, we considered setting an
emission limit at 0.8 or 0.3 lb/ton of PM
(see section IV.D of this preamble for
our analysis of these emission limit
options). The 0.8 lb/ton of PM limit is
based on the performance of a welldesigned and operated wet scrubber
system at area source iron and steel
foundries, taking into account process
and control system variability. The 0.3
lb/ton of PM limit is based on the
performance of a reasonably-designed
and operated fabric filter control system
at area source iron and steel foundries,
taking into account process and control
system variability. For new sources, we
also considered a PM emission limit of
0.1 lb/ton based on the performance of
the best fabric filter control systems at
existing large area source iron and steel
foundries, taking into account process
and control system variability.
In addition to these control options
that are based on add-on control
systems, we identified scrap
management practices as a potential
means of reducing HAP emissions from
the metal melting furnaces. This is a
pollution prevention measure that can
either be applied in conjunction with
add-on controls or be applied when no
add-on controls are used. By reducing
the amount of tramp metals and other
materials in the scrap feed to the
furnace, emissions of both metal HAP
compounds and organic HAP can be
reduced. However, it should be noted
that the emissions reductions achievable
by implementing scrap management as
the primary HAP reduction activity are
not as great as when applied in
conjunction with add-on controls.
C. How did EPA determine the GACT
requirements for metal HAP from small
iron and steel foundries?
Based on the considerations of what
constitutes GACT as described in
section II.A of this preamble, we
identified and evaluated three emissions
control options for small iron and steel
foundries. Option 1 is the use of scrap
management practices alone. Option 2 is
the use of a management system that
includes scrap management practices
and developing and implementing
operation and maintenance plans, and
meeting building opacity limits. Thus,
Option 2 is aimed at reducing emissions
of ancillary sources at the iron and steel
foundry in addition to the metal melting
furnaces. Option 3 is the enhanced
management system in conjunction with
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a PM emissions limit of 0.8 lb/ton for
the metal melting furnaces. Table 1 of
this preamble summarizes the impacts
of these candidate control options for
iron and steel foundries having a
production capacity of 10,000 tpy or
less.
TABLE 1.—NATIONAL IMPACTS OF GACT OPTIONS FOR EXISTING IRON AND STEEL FOUNDRIES WITH ANNUAL MELT
PRODUCTION OF 10,000 TPY OR LESS 1
Total capital
cost,
$ (millions)
Option
Total annual
cost, $/yr
(millions)
Emissions
reduction,
(tons PM/yr)
Cost effectiveness
($/ton PM)
Overall
Incremental
Number of
foundries impacted greater
than 3% of
revenues
(A) Impacts in terms of metal HAP emissions reduction
1 ...............................................................................
2 ...............................................................................
3 ...............................................................................
....................
....................
135
0.19
0.50
29.3
0.75
1.35
22.6
Option
Total capital
cost,
$ (millions)
Total annual
cost, $/yr
(millions)
Emission reductions,
(tons metal
HAP/year)
250,000
370,000
1,300,000
........................
520,000
1,400,000
Cost effectiveness
($/ton mental HAO)
Overall
Incremental
0
8
148
Number of
foundaries impacted greater
than 3% of
revenues
(B) Impacts in terms of PM emissions reduction
1 ...............................................................................
2 ...............................................................................
3 ...............................................................................
1 Costs
0.19
0.50
29.3
16
36
480
12,000
14,000
61,000
........................
16,000
65,000
0
8
148
are in 2005 dollars.
The results for Option 3, as presented
in Table 1 of this preamble, indicate that
add-on controls are not cost-effective
and impose undue economic burden for
the small iron and steel foundry
subcategory. While the costeffectiveness values for the two
management practice options are
similar, eight foundries (all of which are
small entities) have cost impacts greater
than 3 percent of their revenue under
Option 2. Although not presented in
Table 1 of this preamble, the
management practices represented by
Option 2 also impose compliance costs
that are between 1 and 3 percent of sales
for an additional 13 iron and steel
foundries, whereas the scrap
management practices represented by
Option 1 do not result in any impacts
that exceed 1 percent of revenue.
Furthermore, the PM emitted from the
ancillary sources has lower content of
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....................
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HAP metal compounds than the PM
associated with the metal melting
furnaces. Therefore, the management
practices in Option 2 are relatively less
effective at reducing emissions of HAP
metal compounds as compared to
Option 1. The additional emissions
reductions achieved by the management
system under Option 2 do not justify the
additional costs and economic burden.
Therefore, we are proposing GACT for
emissions of metal HAP compounds
from small area source foundries is
scrap management practices. See section
III.B of this preamble for a summary of
proposed scrap management practices.
D. How did EPA determine the GACT
requirements for metal HAP from large
iron and steel foundries?
1. Existing Sources
Based on the considerations of what
constitutes GACT as described in
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section II.A of this preamble, we
identified and evaluated four control
options for existing large iron and steel
foundries. Option 1 is the use of a
management system that includes scrap
management practices, developing and
implementing operation and
maintenance plans and start-up,
shutdown, and malfunction plans, and
meeting building opacity limits. Option
2 is the management system in
conjunction with a PM emissions limit
of 0.8 lb/ton for the metal melting
furnaces. Option 3 is the management
practices in conjunction with a PM
emissions limit of 0.3 lb/ton. Table 2 of
this preamble presents the national
impacts of control options for existing
large iron and steel foundries with a
production capacity greater than 10,000
tpy.
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TABLE 2.—NATIONAL IMPACTS OF GACT OPTIONS FOR EXISTING IRON AND STEEL FOUNDRIES WITH ANNUAL MELT
PRODUCTION GREATER THAN 10,000 TPY 1
Total capital
cost, $
(millions)
Option
Total annual
cost, $/yr
(millions)
Emissions
reduction,
(tons PM/yr)
Cost effectiveness
($/ton PM)
Overall
Incremental
Number of
foundries impacted greater
than 3% of
revenues
(A) Impacts in terms of metal HAP emissions reduction
1 ...............................................................................
2 ...............................................................................
3 ...............................................................................
....................
47
91
0.90
10.3
15.5
3.7
34
43
Option
Total capital
cost, $ (millions)
Total annual
cost, $/yr
(millions)
Emissions
reduction,
(tons metal
HAP/yr)
240,000
300,000
360,000
........................
310,000
580,000
Cost effectiveness
($/ton metal HAP)
Overall
Incremental
0
1
2
Number of
foundries impacted greater
than 3% of
revenues
(B) Impacts in terms of PM emissions reduction
1 ...............................................................................
2 ...............................................................................
3 ...............................................................................
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1 Costs
....................
47
91
0.90
10.3
15.5
88
1,060
1,210
10,000
9,700
12,800
........................
9,700
35,000
0
1
2
are in 2005 U.S. dollars.
As seen in Table 2 of this preamble,
none of the control options evaluated
for the large iron and steel foundry
subcategory resulted in a substantial
number of foundries with economic
impacts exceeding 3 percent of
revenues. The management practices
represented in Option 1 are costeffective for large iron and steel
foundries; however, Option 1 effects
minimal emissions reductions. Option 2
(an emissions limit of 0.8 lb/ton) has
similar cost-effectiveness as Option 1,
but achieves much greater emissions
reductions, primarily by requiring
controls on previously uncontrolled
furnaces. The incremental costeffectiveness when going from Option 2
to Option 3 is poor, indicating that it is
not cost-effective to require existing
large iron and steel foundries to achieve
a 0.3 lb/ton or lower PM emission limit.
This poor incremental cost-effectiveness
results because a significant percentage
of foundries would have to retrofit their
existing control system under Option 3,
and the cost-effectiveness of this retrofit
is very poor. Consequently, when
subcategorizing foundries by production
thresholds, we are proposing Option 2
(management systems and PM
emissions limit of 0.8 lb/ton) as GACT
for existing large iron and steel
foundries.
2. New Sources
The available emissions data for
existing large area source iron and steel
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foundries were reviewed. The bestperforming metal melting controls for
this subcategory were all baghouses,
regardless of furnace type. For each type
of metal melting furnace, the bestperforming baghouse control systems
achieved a PM emission limitation of
0.1 lb/ton. Therefore, when
subcategorizing foundries by production
thresholds, we are proposing that GACT
is a PM emission limit of 0.1 lb/ton for
new large iron and steel foundries.
E. How did EPA determine the GACT
requirements for organic HAP from iron
and steel foundries?
Iron and steel foundries were not
specifically listed under the Integrated
Urban Air Toxics Strategy for any
organic HAP. However, iron and steel
foundries have the potential to emit
organic HAP from a variety of sources
at the facility, including the metal
melting furnace; pouring, cooling, and
shake-out lines; mold and core making,
and mold and core coating. Reductions
in the organic content of binder systems,
for example, can reduce emissions from
both mold and core making as well as
from pouring, cooling, and shake-out.
We reviewed pollution prevention
measures applicable to reduce organic
HAP. Preventing pollution before it is
generated is environmentally sound and
preferable to controlling emissions after
they are created. Low emitting binders
and other pollution prevention
technologies have demonstrated
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reductions in organic HAP emissions.
However, there is no pollution
prevention technology that is
universally applicable for all iron and
steel foundries due to the vast variety of
casting production requirements
encountered by the industry. Each
technology must be evaluated on a caseby-case basis.
This proposed area source rule
provides an opportunity for EPA to
promote pollution prevention. We
identified several pollution prevention
measures which are feasible and
appropriate for this industry. For
example, the proposed scrap
management program can also reduce
emissions of organic HAP by ensuring
that the scrap is depleted of chlorinated
plastics at all times and that the scrap
is depleted, to the extent practicable, of
post-consumer oil filters and other oily
material unless an adequate organic
control system is used (e.g., an
afterburner on a cupola). Additionally,
we identified an alternative furfuryl
alcohol warm box catalyst system that
does not contain methanol. This
alternative catalyst formulation requires
no equipment re-tooling and provides
performance comparable to the
methanol-containing formulation.
Therefore, we are proposing that GACT
for iron and steel foundries include the
organic-related provisions in the scrap
management program for all iron and
steel foundries and the use of a furfuryl
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alcohol warm box catalyst system that
does not contain methanol for foundries
that use a furfuryl alcohol warm box
binder system.
EPA encourages the area source
foundries to learn about and investigate
pollution prevention (P2) methods and
technologies that may reduce or
eliminate organic HAP emissions, while
maintaining their quality, productivity,
and competitiveness. Therefore, as part
of this proposed rule, EPA is also
requiring foundries to keep copies of
purchasing records, Material Safety Data
Sheets, or other documentation that
provides information on liquid or solid
binder materials. Among other things,
these records may assist area source
foundry owners or operators in their
pursuit of cost-effective pollution
prevention opportunities.
F. How did EPA select the proposed
compliance requirements?
We are proposing testing, monitoring,
notification, and recordkeeping
requirements needed to ensure
compliance with the rule requirements.
These provisions include scaled-down
versions of requirements that have been
applied to several industries, including
larger iron and steel foundries that are
subject to the standards for major
sources in 40 CFR part 63, subpart
EEEEE. In selecting these requirements,
we identified the minimum information
necessary to ensure emissions controls
are maintained and operated properly
on a continuing basis (Option 1). We
also evaluated more enhanced
monitoring requirements, such as the
use of bag leak detection systems, that
were required in 40 CFR part 63,
subpart EEEEE (Option 2). The
enhanced monitoring requirements
under Option 2 increased by three the
number of foundries impacted greater
than 1 percent of revenue and caused
one additional small business foundry
to have compliance costs that exceed 3
percent of revenue. In light of the
additional burdens that enhanced
monitoring would pose for small
foundries, we are not proposing
enhanced monitoring requirements. The
selected monitoring option ensures
compliance with the requirements of
this proposed rule without posing a
significant additional burden for
foundries that must implement them.
We are allowing up to 1 year for all
existing area source foundries to comply
with the pollution prevention
management practices and up to 2 years
after initial classification for large
foundries to comply with the emissions
limitations, and operation and
maintenance requirements. If a small
foundry exceeds the annual metal melt
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production threshold for a large foundry
for the first time, the foundry would be
required to submit a notification of
reclassification within 30 days and
comply with the requirements for large
iron and steel foundries within 2 years.
A facility that is classified as a large
foundry must comply with the
requirements for a large foundry for at
least 3 years before reclassifying the
facility as a small facility, even if the
annual production falls below 10,000
tons of melted metal. All foundries
would be required to provide written
notification to the Administrator of a
change in compliance status.
Because of the uncertainty in the
emissions control status of existing
facilities, we are proposing that each
foundry conduct a performance test for
each metal melting furnace (or group of
all metal melting furnaces) subject to the
PM or total metal HAP emissions limit
and each building or structure subject to
the opacity limit for fugitive emissions.
Existing foundries may choose to use
the results of a previous performance
test that demonstrates compliance with
the applicable PM or total metal HAP
emissions limit for a metal melting
furnace or group of all metal melting
furnaces instead of conducting a new
test, provided the previous test meets
the rule requirements. This proposed
rule requires the owner or operator to
provide written notification of the intent
to use the previous test data, including
(if applicable) information
demonstrating that the test data is
representative of current operations and
processes. This notification would be
submitted no later than 60 days after the
compliance date for an existing foundry
in order that the foundry could still
conduct a test within 180 days of the
compliance date if the regulatory agency
determines a new test is needed.
Subsequent performance tests would be
required every 5 years and each time the
foundry changed an operating limit or
made a process change likely to increase
metal HAP emissions. We are proposing
subsequent tests because the proposed
monitoring requirements do not provide
a direct measurement of emissions.
We are proposing opacity
observations every 6 months to
demonstrate compliance with the
fugitive emissions limit. We evaluated
alternative requirements, including
equipment inspection and visible
emission observations. These
alternatives were not well correlated
with the 20 percent building opacity
emissions limit, and were therefore
rejected. We request comment on
alternative compliance requirements for
the building opacity limit and the
appropriate frequency of these
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observations. Alternatives to Method 9
observations must indicate how the
suggested alternative can be related to
the 20 percent opacity limit.
The proposed NESHAP allows CPMS
for the control devices. We are
proposing to require bag leak detection
systems for baghouses used at new area
sources; these are typical monitoring
requirements at facilities of the size and
complexity of iron and steel foundries
area sources. Inspection and repair
requirements are also proposed to
ensure proper operation and
maintenance of capture systems.
We are also proposing to apply the
notification, testing, monitoring,
operation and maintenance,
recordkeeping, and reporting
requirements in the part 63 General
Provisions (40 CFR part 63, subpart A).
The General Provisions are necessary for
effective application of the standard for
existing and new area sources. In the
notification of compliance status
required by 40 CFR 63.9(h), the owner
or operator would certify that specified
equipment has been installed and is
operating for each regulated emissions
source, the facility has complied with
specific equipment standards and
management practices, written plans
have been prepared, and whether the
plant is certifying compliance with
emissions limits based on a previous
performance test. Periodic startup,
shutdown, and malfunction reports
must be submitted as required by 40
CFR 63.6, and semiannual reports must
be submitted as required by 40 CFR
63.10. The proposed NESHAP also
includes recordkeeping requirements to
supplement the requirements in 40 CFR
63.10. These records are needed for EPA
to determine compliance with specific
rule requirements. The testing,
monitoring, notification, recordkeeping,
and reporting requirements are
necessary and sufficient to ensure
compliance with the proposed
requirements for existing and new area
sources.
V. Summary of Impacts of This
Proposed Rule
We estimate that the proposed
standard (10,000 tpy production
capacity threshold) will reduce
emissions of HAP metal compounds by
35 tpy and will reduce PM emissions by
1,074 tpy from the baseline.
Additionally, the proposed standard is
expected to reduce emissions of organic
HAP by 32 tpy. The total capital cost of
the proposed standard is estimated at
$47 million. The annual operating,
maintenance, monitoring,
recordkeeping, and reporting costs of
the proposed standard are estimated at
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$6.1 million per year. The total
annualized cost of the proposed
standard, including the annualized cost
of capital equipment, is estimated at
$10.5 million. Under the co-proposed
alternative that sets a higher size
threshold for large foundries, the
estimated emission reductions from
baseline are 29 tpy of metal HAP, 32 tpy
of organic HAP, and 905 tpy of PM; the
total capital cost of this alternative is
estimated at $34 million and the total
annualized cost of this alternative,
including the annualized cost of capital
equipment, is estimated at $7.9 million.
Under the co-proposed alternative that
does not subcategorize large foundries,
the estimated emission reductions from
baseline are 3.4 tpy of metal HAP, 32
tpy of organic HAP, and 64 tpy of PM;
there are no capital costs under this
alternative and the total annualized cost
is estimated at $1.0 million. Additional
information on our impact estimates on
the sources is available in the docket.
(See Docket Number EPA–HQ–OAR–
2006–0359.)
The proposed standard is estimated to
impact a total of 427 area source iron
and steel foundries. When
subcategorizing foundries by production
thresholds, we estimate that 96 to 124
of these foundries will be large iron and
steel foundries and 303 to 331 foundries
will be small iron and steel foundries
(depending on the production
threshold). Approximately 45 percent of
the large iron and steel foundries are
owned by small entities whereas 85
percent of the small iron and steel
foundries are owned by small entities.
The secondary impacts would include
solid waste generated as a result of the
PM emissions collected and energy
impacts associated with operation of
control devices. At a 10,000 tpy
production capacity threshold, we
estimate that 1,110 tpy of solid waste
would be generated and an additional
4,490 megawatts per hour (MW-hr) of
electrical energy would be consumed
each year as a result of the proposed
standard. Under the co-proposed
alternative that sets a higher size
threshold for large foundries, we
estimate that 930 tpy of solid waste
would be generated and an additional
3,680 megawatts per hour (MW-hr) of
electrical energy would be consumed
each year. Under the co-proposed
alternative that does not subcategorize
large foundries, there are no secondary
impacts.
VI. Proposed Exemption From Title V
Permit Requirements
Section 502(a) of the CAA provides
that the Administrator may exempt an
area source category from title V if he
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determines that compliance with title V
requirements is ‘‘impracticable,
infeasible, or ’’ on the area source
category. In December 2005, in a
national rulemaking, EPA interpreted
the term ‘‘unnecessarily burdensome’’
in CAA section 502 and developed a
four-factor test for determining whether
title V is unnecessarily burdensome for
a particular 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 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 CAA. 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
combination, and EPA determines
whether the factors, taken together,
support an exemption from title V for a
particular source category. In the
Exemption Rule, EPA also indicated
that, consistent with the guidance
provided by the legislative history of
section 502(a), EPA would consider
whether exempting the area source
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52995
category would adversely affect public
health, welfare or the environment in
deciding whether to exempt an area
source category. See 70 FR 15254–
15255.
We applied the four-factor test to
determine whether title V is
unnecessarily burdensome on the Iron
Foundries and Steel Foundries area
source categories. Starting with the first
factor, which is to determine whether
permits would result in significant
improvements to the compliance
requirements for the area source
categories, we compared the title V
monitoring, recordkeeping, and
reporting requirements of title V
permitting rules (40 CFR 70.6 and 40
CFR 71.6) to those requirements in the
proposed NESHAP. As noted above (see
section III of this preamble), this
proposed rule establishes different
monitoring, recordkeeping, and
reporting requirements for small and
large foundries.
Specifically, this proposed rule
requires all foundries to comply with
the pollution prevention management
practices for metallic scrap, mercury
switches, and binder formulations. All
foundries would be required to keep
records of information that demonstrate
compliance with the management
practices for metallic scrap and mercury
switch removal requirements. Records
to document the use of binder chemical
formulations that do contain methanol
as a specific ingredient of the catalyst
formulation for each furfuryl alcohol
warm box or core making line may be
the Material Data Safety Sheet (provided
it contains appropriate information), a
certified product data sheet, or a
manufacturer’s HAP data sheet. We are
proposing that the area source facilities
keep records of the annual quantity and
composition of each HAP-containing
chemical binder or coating material
used to make molds and cores. This
proposed rule also requires all foundries
to keep monthly production records to
document annual metal melt
production.
In addition to the pollution
prevention management practices, large
foundries would be required to comply
with emissions limits, control device
parameter operating limits, monitoring
requirements, and operating and
maintenance requirements. A CPMS
would be required to measure and
record operating parameters for a wet
scrubber every 15 minutes and
determine and record the 3-hour average
pressure drop and water flow rate. If an
electrostatic precipitator is used, the
owner or operator would be required to
measure the hourly average voltage and
secondary current (or total power input)
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using a CPMS or check and record the
secondary current (or total power input)
at least once a shift. For a baghouse, this
proposed rule requires a CPMS to
measure and record the baghouse
pressure drop across each cell using a
CPMS or by checking the pressure drop
once a day and recording the results.
Foundries would also make periodic
inspections of each baghouse and record
the results of each inspection.
Alternatively, the owner or operator of
an existing foundry may install and
operate bag leak detection systems. Bag
leak detection systems would be
required for any new foundry. Large
foundries would be required to make
monthly inspections of capture systems.
Performance tests for furnaces would be
required every 5 years and every 6
months for fugitive emissions from
buildings and structures housing
foundry operations; the results would be
reported in the next semiannual report.
The proposed NESHAP also requires
foundries to prepare and follow an
operation and maintenance plan that
identifies monitoring procedures and
schedules. If a facility elected to use
emissions averaging to demonstrate
compliance, the foundry would be
required to demonstrate compliance
once each calendar month by
calculating the weighted average
emissions for the group of all metal
melting furnaces at the foundry using an
equation in the rule. This proposed rule
requires records of the monthly
calculations. This proposed rule,
therefore, contains both continuous and
noncontinuous monitoring
requirements, which constitute periodic
monitoring that will assure compliance
with the proposed rule.
We also considered the extent to
which title V could enhance compliance
through additional recordkeeping or
reporting, including title V requirements
in 40 CFR 70.6 and 40 CFR 71.6 for a
semiannual report, deviation reports,
and an annual compliance certification.
All foundries would be required to
record specific information to
demonstrate conformance with the
pollution prevention management
practices and keep records of monthly
production data. All foundries also
would be required to submit a
notification that classifies the facility as
a small foundry or a large foundry and
to submit subsequent notifications for
any change in classification.
Small foundries would be required to
submit an initial notice of applicability
and a notification of compliance status.
Records would be required to
demonstrate conformance with the
pollution prevention management
standards for metallic scrap, mercury
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switches, and binder formulations.
Small foundries also would be required
to report any deviation from the
pollution prevention management
practices in the semiannual report
required by 40 CFR 63.10.
In addition to the records required by
40 CFR 63.10 of the general provisions,
large foundries would be required to
keep records to demonstrate
conformance with the pollution
prevention management standards for
metallic scrap, mercury switches, and
binder formulations; operation and
maintenance plans; capture system
inspections and repairs; control device
monitoring and inspections; emissions
averaging (if applicable); bag leak
detection system settings and alarms (if
applicable); and corrective actions. The
semiannual report submitted by large
foundries would include summary
information on the number, duration,
and cause of excursions or exceedances
and the corrective action taken, on
monitor downtime incidents, and
deviations from pollution prevention
management practices or operation and
maintenance requirements. The
proposed NESHAP requires large
foundries to comply with applicable
notification, recordkeeping, and
reporting requirements in the general
provisions (40 CFR part 63, subpart A)
including requirements for startup,
shutdown, and malfunction plans,
reports, and records in 40 CFR
63.6(e)(3); see Table 3 of this proposed
rule. When a startup, shutdown, and
malfunction 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. The
information in the reports required for
area source foundries (both large and
small) is similar to the information that
must be provided in the semiannual
reports required under 40 CFR 70.6(a)(3)
and 40 CFR 71.6(a)(3).
This proposed rule does not require
an annual compliance certification
report, which is a requirement of a title
V permit. See 40 CFR 70.5(c)(9)(iii) and
40 CFR 71.6(c)(5)(i). EPA believes that
the annual certification reporting
requirement is not necessary because
the initial compliance certifications,
recordkeeping requirements, and
semiannual reports are adequate to
determine compliance for new or
existing sources.
The monitoring, recordkeeping, and
reporting requirements in the proposed
NESHAP for the Iron Foundries and
Steel Foundries area source categories
are substantially equivalent to such
requirements under title V. Therefore,
we conclude that title V would not
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result in significant improvements to
the compliance requirements we are
proposing for these area source
categories.
We evaluated factor two to determine
whether title V permitting would
impose a significant burden on the area
source categories and whether that
burden would be aggravated by any
difficulty the source may have in
obtaining assistance from the permitting
agency. Subjecting any source to title V
permitting imposes certain burdens and
costs that do not exist outside of the title
V program. EPA estimated that the
average annual cost of obtaining and
complying with a title V permit was
$7,700 per year per source, including
fees, or $38,000 per source for a (5-year)
permit period. See Information
Collection Request (ICR) for Part 70
Operating Permit Regulations, January
2000, EPA ICR Number 1587.05. There
are certain activities associated with the
part 70 and 71 rules that are mandatory
and impose burdens on the source. They
include reading and understanding
permit program guidance and
regulations; obtaining and
understanding permit application forms;
answering follow-up questions from
permitting authorities after the
application is submitted; reviewing and
understanding the permit; collecting
records; preparing and submitting
monitoring reports on a 6-month or
more frequent basis; preparing and
submitting prompt deviation reports, as
defined by the State, which may include
a combination of written, verbal, and
other communications methods;
collecting information, preparing, and
submitting the annual compliance
certification; preparing applications for
permit revisions every 5 years; and, as
needed, preparing and submitting
applications for permit revisions. In
addition, although not required by the
permit rules, many sources obtain the
contractual services of professional
scientists and engineers (consultants) to
help them understand and meet the
permitting program’s requirements. The
ICR for part 70 provides information on
the overall burdens and costs, as well as
the relative burdens of each activity
described here. Also, for a more
comprehensive list of requirements
imposed on part 70 sources (hence,
burden on sources), see the
requirements of 40 CFR 70.3, 70.5, 70.6,
and 70.7.
In considering the second factor for
the 427 existing iron and steel foundries
(319 of which are owned by small
entities), we examined the potential
economic implications for the source
category. At a cost of $38,000 per
source, the cost to the area source
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category would be about $16.2 million.
The cost of permits for this area source
category would exceed the estimated
total annualized cost of the standards
($10.5 million). Although our economic
analysis of the impacts of this proposed
rule on small entities does not include
the cost of title V permitting, we believe
that such additional costs would result
in adverse impacts for many small
entities and perhaps on the industry as
a whole. We believe an additional cost
of $38,000 would create a significant
risk of closure for approximately 110
foundries, nearly all of which are owned
by small entities, as the $38,000 cost of
title V permitting alone would exceed 3
percent of revenues for these foundries.
We also looked at the economic
resources of facilities in this source
category. While some facilities are large,
sophisticated operations with expertise
in regulatory and permitting
requirements, the majority of facilities
in this area source category are small
entities which may not have this
expertise. Due to the sheer number of
facilities, we suspect that the cost
impact could be aggravated by
difficulties in obtaining assistance from
overburdened permitting authorities.
The third factor, which is closely
related to the second factor, is whether
the costs of title V permitting for these
area sources would be justified, taking
into consideration any potential gains in
compliance likely to occur for such
sources. We explained above under the
second factor that the economic and
non-economic costs of compliance with
title V would impose a significant
burden on approximately 110 area
source iron and steel foundries. In
addition, we do not think the costs for
the existing or new sources would lead
to any gains in compliance within the
category. As discussed above for factor
one, we determined that the compliance
requirements of this NESHAP are
substantially equivalent to the
requirements of title V. Furthermore, as
discussed below for factor four, there
are adequate implementation and
enforcement programs in place that are
sufficient to assure compliance with the
NESHAP. We conclude, therefore, that
the costs of title V are not justified for
the existing and new sources in this
category.
The fourth factor we considered is
whether there are implementation and
enforcement programs in place that are
sufficient to assure compliance with this
NESHAP without relying on title V
permits. We believe that the State
programs are sufficient to assure
compliance with these NESHAP. We
also note that EPA retains authority to
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enforce these NESHAP at any time
under CAA sections 112, 113 and 114.
We conclude that title V permitting is
‘‘unnecessary’’ to assure compliance
with this proposed NESHAP because
the statutory requirements for
implementation and enforcement of the
NESHAP by the delegated States and
EPA are sufficient to assure compliance
without title V permits. We also note
that small business assistance programs
required by CAA section 507 may be
used to assist area sources that have
been exempted from title V permitting.
In addition, States and EPA often
conduct voluntary compliance
assistance, outreach, and education
programs (compliance assistance
programs), which are not required by
statute. These additional programs can
be used to supplement and enhance the
success of compliance with this area
source NESHAP. In light of all of the
above, we conclude that there are
implementation and enforcement
programs in place that are sufficient to
assure compliance with the NESHAP
without relying on title V permitting.
In applying this factor in the
Exemption Rule, where EPA had
deferred action on the title V exemption
for several years, we had enforcement
data available to demonstrate that States
were not only enforcing the provisions
of the area source NESHAP that we
exempted, but that the States were also
providing compliance assistance to
ensure that the area sources were in the
best position to comply with the
NESHAP. See 70 FR 75325–75326. We
do not have similar data available for
this proposed rule, but we have no
reason to think that States will be less
diligent in enforcing this NESHAP. See
70 FR 75326. In fact, States must have
adequate programs to enforce the HAP
regulations and provide assurances that
they will enforce all NESHAP before
EPA will delegate the program. See 40
CFR part 63, subpart E. In light of the
above, we conclude that there are
implementation and enforcement
programs in place that are sufficient to
assure compliance with the final rule
without relying on title V permitting.
Considering the factors in
combination supports our proposed
finding that title V is unnecessarily
burdensome on these area source
categories. We conclude that title V
would not result in significant
improvements to the compliance
requirements applicable to these area
source categories and that there are
adequate implementation and
enforcement programs in place to assure
compliance with the NESHAP. We also
conclude that the cost of title V
permitting would be burdensome; we
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also find that the cost is not justified
because there would be little to no
potential gains in compliance within the
category if title V was required. Thus,
we conclude that title V permitting is
‘‘unnecessarily burdensome’’ for the
iron foundries and steel foundries area
source categories.
In addition to evaluating whether
compliance with title V requirements is
‘‘unnecessarily burdensome’’, EPA also
considered, consistent with guidance
provided by the legislative history of
CAA section 502(a), whether exempting
these area source categories from title V
requirements would adversely affect
public health, welfare, or the
environment. We see no reason to
believe that exemption of this area
source category from title V
requirements would adversely affect
public health, welfare, or the
environment because these national
standards would achieve a significant
reduction in HAP and other emissions
that would improve public health,
welfare, and the environment. For the
foregoing reasons, we propose to exempt
iron foundries and steel foundries area
source categories from title V permitting
requirements.
VII. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Review
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is a
‘‘significant regulatory action’’ because
it may ‘‘raise novel legal or policy
issues.’’ Accordingly, EPA submitted
this action to the Office of Management
and Budget (OMB) for review under
Executive Order 12866 and any changes
made in response to OMB
recommendations have been
documented in the docket for this
action.
B. Paperwork Reduction Act
The information requirements in this
proposed rule have been submitted for
approval to OMB under the Paperwork
Reduction Act, 44 U.S.C. 3501 et seq.
The information collection request (ICR)
document prepared by EPA has been
assigned EPA ICR number 2267.01
The recordkeeping and reporting
requirements in this proposed rule are
based on the requirements in EPA’s
National Program for Mercury Switch
Removal (a voluntary agreement with
participating industries) and the
NESHAP General Provisions (40 CFR
part 63, subpart A). The recordkeeping
and reporting requirements in the
General Provisions are mandatory
pursuant to section 114 of the CAA (42
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U.S.C. 7414). All information (other
than emissions data) submitted to EPA
pursuant to the information collection
requirements for which a claim of
confidentiality is made is safeguarded
according to CAA section 114(c) and the
Agency’s implementing regulations at
40 CFR part 2, subpart B.
All foundries would be required to
submit an initial notification that
classifies their facility as a small or large
foundry and a subsequent notification
for any change in classification. All
foundries also would be required to
maintain monthly production data to
support their classification as a large or
small foundry.
The proposed NESHAP requires small
area source foundries to submit an
initial notification of applicability and a
notification of compliance status
according to the requirements in the
General Provisions (40 CFR part 63,
subpart A). Small area source foundries
also report any deviation from the
pollution prevention management
standards in the semiannual report
required by 40 CFR 63.10 of the general
provisions. Large area source foundries
would be required to prepare and follow
an O&M plan, conduct initial
performance tests and follow-up tests
every 5 years, monitor control device
operating parameters, conduct opacity
tests every 6 months for fugitive
emissions, inspect and repair capture
systems, and keep records to document
compliance with the rule requirements.
The owner or operator of an existing
affected source would be allowed to
certify compliance with the emissions
limits based on the results of prior
performance tests that meet the rule
requirements; the owner or operator
would be required to provide advance
notification of the intent to use a prior
performance test instead of conducting
a new test. If compliance with the
emissions limits for metal melting
furnaces is demonstrated through
emissions averaging, the owner or
operator would be required to
demonstrate compliance for each
calendar month using a calculation
procedure in the rule. The owner or
operator of a large iron and steel
foundry would be subject to all
requirements in the General Provisions
(40 CFR part 63, subpart A), including
the requirements in 40 CFR 63.6(e) for
startup, shutdown, and malfunction
records and reports and the
recordkeeping and reporting
requirements in 40 CFR 63.10. The
semiannual report would include
summary information on excursions or
exceedances, monitor downtime
incidents, and deviations from
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management practices and operation
and maintenance requirements.
The annual burden for this
information collection averaged over the
first 3 years of this ICR is estimated to
total 5,990 labor hours per year at a cost
of $418,295 for the 427 area sources,
with annualized capital costs of $8,490
and no O&M costs. No new area sources
are estimated during the next 3 years.
These estimates represent the maximum
burden that would be imposed by the
proposed standards (based on a
subcategorization using a production
capacity threshold of 10,000 tpy for the
definition of ‘‘small iron and steel
foundry’’). Because this proposal
represents estimates of the maximum
burden, we did not estimate the ICR
burden associated with the co-proposed
standards for this proposed rule.
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.
To comment on the Agency’s need for
this information, the accuracy of the
provided burden estimates, and any
suggested methods for minimizing
respondent burden, including the use of
automated collection techniques, EPA
has established a public docket for this
action, which includes this ICR, under
Docket ID number EPA–HQ–OAR–
2006–0897. Submit any comments
related to the ICR for this proposed rules
to EPA and OMB. See ‘‘Addresses’’
section at the beginning of this notice
for where to submit comments to EPA.
Send comments to OMB at the Office of
Information and Regulatory Affairs,
Office of Management and Budget, 725
17th Street, NW., Washington, DC
20503, Attention: Desk Officer for EPA.
Since OMB is required to make a
decision concerning the ICR between 30
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and 60 days after September 17, 2007,
a comment to OMB is best assured of
having its full effect if OMB receives it
by October 17, 2007. This final rule will
respond to any OMB or public
comments on the information collection
requirements contained in this proposal.
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 proposed rule on small
entities, small entity is defined as: (1) A
small business that meets the Small
Business Administration size standards
for small businesses found at 13 CFR
121.201 (less than 500 employees for
NAICS codes 331511, 331512, and
331513); (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 proposed rule on small
entities, I certify that this action will not
have a significant economic impact on
a substantial number of small entities.
The proposed rule is estimated to
impact a total of 427 area source iron
and steel foundries; 319 of these
foundries are small entities. We estimate
that 124 of these foundries would be
large iron and steel foundries (metal
melt production greater than 10,000
tpy), and 303 foundries would be small
iron and steel foundries (metal melt
production of 10,000 tpy or less).
Approximately 45 percent of the large
iron and steel foundries are owned by
small entities whereas 85 percent of the
small iron and steel foundries are
owned by small entities. Our analysis
shows that small entity compliance
costs, as assessed by the foundry’s costto-sales ratio, are expected to range from
0.01 to 3.5 percent. The analysis also
shows that of the 60 foundries owned by
small entities subject to the
requirements for large foundries (i.e.,
exceeding 10,000 tpy melt production),
only one small entity may incur
economic impacts exceeding 3 percent
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of its revenue; see Table 2 of this
preamble.
This proposed rule minimizes the
impact on small entities by applying
special provisions for small foundries
that melt low quantities of metal (less
than 10,000 tpy). Small iron and steel
foundries would be required to prepare
and follow pollution prevention
management practices for metallic scrap
and binder formulations, submit onetime notifications, monitor their metal
melting rate on a monthly basis, report
deviations if they occur, and keep
certain records. Although this proposed
rule contains requirements for new area
sources, we are not specifically aware of
any new area sources being constructed
now or planned in the next 3 years, and
consequently, we did not estimate any
impacts for new sources.
We continue to be interested in the
potential impacts of the proposed action
on small entities and welcome
comments on issues related to such
impacts.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA), 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 by the private sector, of $100 million
or more in any 1 year. Before
promulgating an EPA rule for which a
written statement is needed, section 205
of the UMRA generally requires EPA to
identify and consider a reasonable
number of regulatory alternatives and
adopt the least costly, most costeffective, or least burdensome
alternative that achieves the objectives
of the rule. The provisions of section
205 do not apply when they are
inconsistent with applicable law.
Moreover, section 205 allows EPA to
adopt an alternative other than the least
costly, most cost-effective, or least
burdensome alternative if the
Administrator publishes with the final
rule an explanation why that alternative
was not adopted. Before EPA establishes
any regulatory requirements that may
significantly or uniquely affect small
governments, including tribal
governments, it must have developed
under section 203 of the UMRA a small
government agency plan. The plan must
provide for notifying potentially
affected small governments, enabling
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52999
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
proposed rule 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. This proposed rule is not
expected to impact State, local, or tribal
governments. Thus, this proposed rule
is not subject to the requirements of
sections 202 and 205 of the UMRA. EPA
has determined that this proposed rule
contains no regulatory requirements that
might significantly or uniquely affect
small governments. This proposed rule
contains no requirements that apply to
such governments, and impose no
obligations upon them. Therefore, this
proposed rule is not subject to section
203 of the UMRA.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
E. Executive Order 13132: Federalism
Executive Order 13045, ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997) applies to any rule that:
(1) Is determined to be ‘‘economically
significant’’ as defined under Executive
Order 12866, and (2) concerns an
environmental health or safety risk that
EPA has reason to believe may have a
disproportionate effect on children. If
the regulatory action meets both criteria,
EPA must evaluate the environmental
health or safety effects of the planned
rule on children, and explain why the
planned regulation is preferable to other
potentially effective and reasonably
feasible alternatives considered by the
Agency.
EPA interprets Executive Order 13045
as applying only to those regulatory
actions that are based on health or safety
risks, such that the analysis required
under section 5–501 of the Executive
Order has the potential to influence the
regulation. This proposed rule is not
subject to the Executive Order because
it is based on technology performance
and not on health or safety risks.
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’’ is
defined in the Executive Order to
include regulations that have
‘‘substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.’’
This proposed rule does not have
federalism implications. It would not
have substantial direct effects on the
States, on the relationship between the
national government and the States, or
on the distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132. This proposed
rule does not impose any requirements
on State and local governments. Thus,
Executive Order 13132 does not apply
to this proposed rule. In the spirit of
Executive Order 13132, and consistent
with EPA policy to promote
communications between EPA and State
and local governments, EPA specifically
solicits comment on this proposed rule
from State and local officials.
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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.’’ This proposed rule does
not have tribal implications, as specified
in Executive Order 13175. It would not
have substantial direct effects on tribal
governments, on the relationship
between the Federal government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal government and Indian tribes,
as specified in Executive Order 13175.
This proposed rule imposes no
requirements on tribal governments.
Thus, Executive Order 13175 does not
apply to this proposed rule. EPA
specifically solicits additional comment
on this proposed rule from tribal
officials.
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
This proposed rule is not a
‘‘significant energy action’’ as defined in
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
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Distribution, or Use’’ (66 FR 28355, May
22, 2001) because it is not likely to have
a significant adverse effect on the
supply, distribution, or use of energy.
We have concluded that this proposed
rule is not likely to have any adverse
energy effects because energy
requirements would not be significantly
impacted by the additional pollution
controls or other equipment that are
required by this proposed rule.
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.
This proposed rule involves technical
standards. The proposal cites the
following standards: EPA Methods 1,
1A, 2, 2A, 2C, 2D, 2F, 2G, 3, 3A, 3B, 4,
5, 5B, 5D, 5F, 5I, 9, and 29 in 40 CFR
part 60, appendix A; and EPA Method
9095B, ‘‘Paint Filter Liquids Test,’’ in
‘‘Test Methods for Evaluating Solid
Waste, Physical/Chemical Methods,’’
EPA Publication SW–846 (incorporated
by reference—see 40 CFR 63.14).
Consistent with the NTTAA, EPA
conducted searches to identify VCS in
addition to the EPA methods. No
applicable VCS were identified for EPA
Methods 1A, 2A, 2D, 2F, 2G, 5B, 5D, 5F,
9, 29, or 9095B. The search and review
results are in the docket for this rule.
One VCS was identified as applicable
to this proposed rule. The standard
ASME PTC 19.10–1981, ‘‘Flue and
Exhaust Gas Analyses,’’ (incorporated
by reference—see 40 CFR 63.14) is cited
in this proposed rule for its manual
method for measuring the oxygen,
carbon dioxide, and CO content of the
exhaust gas. This part of ASME PTC
19.10–1981 is an acceptable alternative
to EPA Method 3B.
The search for emissions
measurement procedures identified 13
other VCS. EPA determined that these
13 standards identified for measuring
emissions of the HAP or surrogates
subject to emission standards in this
proposed rule were impractical
alternatives to EPA test methods for the
purposes of this proposed rule.
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Therefore, EPA does not intend to adopt
these standards for this purpose. The
reasons for the determinations for the 13
methods are discussed in a
memorandum in the docket for this
proposed rule.
For the methods required or
referenced by this proposed rule, a
source may apply to EPA for permission
to use alternative test methods or
alternative monitoring requirements in
place of any required testing methods,
performance specifications, or
procedures under 40 CFR 63.7(f) and 40
CFR 63.8(f) of subpart A of the general
provisions. EPA welcomes comments on
this aspect of the proposed rulemaking
and, specifically, invites the public to
identify potentially-applicable VCS and
to explain why such standards should
be used in this regulation.
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 this
proposed rule will not have
disproportionately high and adverse
human health or environmental effects
on minority or low-income populations
because it increases the level of
environmental protection for all affected
populations without having any
disproportionately high and adverse
human health or environmental effects
on any population, including any
minority or low-income population. The
nationwide standards would reduce
HAP emissions and thus decrease the
amount of emissions to which all
affected populations are exposed.
List of Subjects in 40 CFR Part 63
Environmental protection, Air
pollution control, Hazardous
substances, Incorporations by reference,
Reporting and recordkeeping
requirements.
Dated: September 6, 2007.
Stephen L. Johnson,
Administrator.
For the reasons stated in the
preamble, title 40, chapter I, part 63 of
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the Code of Federal Regulations is
proposed to be amended as follows:
PART 63—[AMENDED]
1. The authority citation for part 63
continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart A—[Amended]
2. Section 63.14 is amended by
revising paragraphs (i)(1) and (k)(1)(iii)
to read as follows:
§ 63.14
Incorporations by reference.
*
*
*
*
*
(i) * * *
(1) ANSI/ASME PTC 19.10–1981,
‘‘Flue and Exhaust Gas Analyses [Part
10, Instruments and Apparatus],’’ IBR
approved for §§ 63.309(k)(1)(iii),
63.865(b), 63.3166(a)(3),
63.3360(e)(1)(iii), 63.3545(a)(3),
63.3555(a)(3), 63.4166(a)(3),
63.4362(a)(3), 63.4766(a)(3),
63.4965(a)(3), 63.5160(d)(1)(iii),
63.9307(c)(2), 63.9323(a)(3),
63.11148(e)(3)(iii), 63.11155(e)(3),
63.11162(f)(3)(iii) and (f)(4),
63.11163(g)(1)(iii) and (g)(2),
63.11410(j)(1)(iii), Table 5 to subpart
DDDDD of this part, and Table 1 to
subpart ZZZZZ of this part.
*
*
*
*
*
(k) * * *
(1) * * *
(iii) Method 9095B, ‘‘Paint Filter
Liquids Test,’’ dated November 2004
and in Update III, IBR approved for
§§ 63.7700(b) and 63.7765 of subpart
EEEEE of this part and §§ 63.10885(a)(1)
and 63.10906 of subpart ZZZZZ of this
part.
*
*
*
*
*
3. Part 63 is amended by adding
subpart ZZZZZ to read as follows:
Subpart ZZZZZ—National Emission
Standards for Hazardous Air Pollutants
for Iron and Steel Foundries Area
Sources
Applicability and Compliance Dates
Sec.
63.10880 Am I subject to this subpart?
63.10881 What are my compliance dates?
63.10882 How does this subpart apply to
small iron and steel foundries and large
iron and steel foundries?
Pollution Prevention Management
Practices
63.10885 What are my management
practices for metallic scrap and mercury
switches?
63.10886 What are my management
practices for binder formulations?
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Requirements for Small Iron and Steel
Foundries
63.10890 What are my management
practices and compliance requirements?
Requirements for Large Iron and Steel
Foundries
63.10895 What are my standards and
management practices?
63.10896 What are my operation and
maintenance requirements?
63.10897 What are my monitoring
requirements?
63.10898 What are my performance test
requirements?
63.10899 What are my recordkeeping and
reporting requirements?
63.10900 What parts of the General
Provisions apply to me?
Other Requirements and Information
63.10905 Who implements and enforces
this subpart?
63.10906 What definitions apply to this
subpart?
Tables to Subpart ZZZZZ of Part 63
Table 1 to Subpart ZZZZZ of Part
63—Performance Test Requirements for
Large Iron and Steel Foundries
Table 2 to Subpart ZZZZZ of Part
63—Establishment of Operating Limits
for Large Iron and Steel Foundries
Table 3 to Subpart ZZZZZ of Part
63—Applicability of General Provisions
to Large Iron and Steel Foundries
Table 4 to Subpart ZZZZZ of Part
63—Compliance Certifications for Large
Iron and Steel Foundries
Subpart ZZZZZ—National Emission
Standards for Hazardous Air Pollutants
for Iron and Steel Foundries Area
Sources
Applicability and Compliance Dates
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§ 63.10880
Am I subject to this subpart?
(a) You are subject to this subpart if
you own or operate an iron and steel
foundry that is an area source of
hazardous air pollutant (HAP)
emissions.
(b) This subpart applies to each new
or existing affected source. The affected
source is each iron and steel foundry.
(1) An affected source is existing if
you commenced construction or
reconstruction of the affected source
before September 17, 2007.
(2) An affected source is new if you
commenced construction or
reconstruction of the affected source on
or after September 17, 2007.
(c) On and after the date of
publication of the final rule in the
Federal Register, if your iron and steel
foundry becomes a major source as
defined in § 63.2, you must meet the
requirements of 40 CFR part 63, subpart
EEEEE.
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(d) This subpart does not apply to
research and development facilities, as
defined in section 112(c)(7) of the Clean
Air Act.
(e) You are exempt from the
obligation to obtain a permit under 40
CFR part 70 or 40 CFR part 71, provided
you are not otherwise required by law
to obtain a permit under 40 CFR 70.3(a)
or 40 CFR 71.3(a). Notwithstanding the
previous sentence, you must continue to
comply with the provisions of this
subpart.
(f) You must determine the initial
applicability of the requirements of this
subpart to a small foundry or a large
foundry based on your facility’s metal
melt production for calendar year 2008.
If the metal melt production for
calendar year 2008 is 10,000 tons or
less, your area source is a small foundry.
If your metal melt production for
calendar year 2008 is greater than
10,000 tons, your area source is a large
foundry. You must submit a written
notification to the Administrator that
identifies your area source as a small
foundry or a large foundry no later than
1 year after the date the final rule is
published in the Federal Register.
§ 63.10881
dates?
What are my compliance
(a) If you own or operate an existing
affected source, you must achieve
compliance with the applicable
provisions of this subpart by the dates
in paragraphs (a)(1) and (2) of this
section.
(1) Except as provided in paragraph
(d) of this section, not later than 1 year
after the date of publication of the final
rule in the Federal Register for the
pollution prevention management
practices in §§ 63.10885 and 63.10886.
(2) Except as provided in paragraph
(d) of this section, not later than 2 years
after the date of your large foundry’s
notification of the initial determination
required in § 63.10880(f) for the
standards and management practices in
§ 63.10895.
(b) If you have a new affected source
for which the initial startup date is on
or before the date of publication of the
final rule in the Federal Register, you
must achieve compliance with the
provisions of this subpart not later than
the date of publication of the final rule
in the Federal Register.
(c) If you own or operate a new
affected source for which the initial
startup date is after the date of
publication of the final rule in the
Federal Register, you must achieve
compliance with the provisions of this
subpart upon startup of your affected
source.
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(d) Following the initial
determination for a small foundry or
large foundry required in § 63.10880(f),
(1) If the annual metal melt
production of your small foundry
exceeds 10,000 tons during the
preceding calendar year, you must
notify the Administrator within 30 days
and comply with the requirements in
paragraphs (d)(1)(i) or (ii) of this section,
as applicable.
(i) If your small foundry has never
been classified as a large foundry, you
must comply with the requirements for
a large foundry no later than 2 years
after the date of your foundry’s
notification that the annual production
exceeded 10,000 tons.
(ii) If your small foundry had
previously been classified as a large
foundry, you must comply with the
requirements for a large foundry no later
than the date of your foundry’s most
recent notification that the annual
production exceeded 10,000 tons.
(2) If your facility is initially classified
as a large foundry (or your small
foundry subsequently becomes a large
foundry), you must comply with the
requirements for a large foundry for at
least 3 years before reclassifying your
facility as a small foundry, even if your
annual production falls below 10,000
tons of melted metal. After 3 years, you
may reclassify your facility as a small
foundry provided your annual
production for the preceding calendar
year was 10,000 tons of melted metal or
less. If you reclassify your large foundry
as a small foundry, you must comply
with the requirements for a small
foundry no later than the date you
notify the Administrator of the
reclassification.
§ 63.10882 How does this subpart apply to
small iron and steel foundries and large
iron and steel foundries?
(a) If you own or operate a new or
existing affected source that is a small
iron and steel foundry as defined in
§ 63.10906, you must comply with the
requirements in § 63.10890. The
requirements in § 63.10890 include the
pollution prevention management
practices in §§ 63.10885 and 63.10886.
(b) If you own or operate a large iron
and steel foundry as defined in
§ 63.10906, you must comply with the
requirements in §§ 63.10895 through
63.10900. The requirements in
§ 63.10895 include the pollution
prevention management practices in
§§ 63.10885 and 63.10886.
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Pollution Prevention Management
Practices
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§ 63.10885 What are my management
practices for metallic scrap and mercury
switches?
(a) Metallic scrap management
program. For each segregated metallic
scrap storage area, bin or pile, you must
comply with the materials acquisition
requirements in paragraph (a)(1) or (2)
of this section. You must keep a copy
of the material specifications onsite and
readily available to all personnel with
material acquisition duties, and provide
a copy to each of your scrap vendors.
You may have certain scrap subject to
paragraph (a)(1) of this section and other
scrap subject to paragraph (a)(2) of this
section at your facility provided the
metallic scrap remains segregated until
charge make-up.
(1) Restricted metallic scrap. You
must prepare and operate at all times
according to written material
specifications for the purchase and use
of only metal ingots, pig iron, slitter, or
other materials that do not include postconsumer automotive body scrap, postconsumer engine blocks, post-consumer
oil filters, oily turnings, lead
components, chlorinated plastics, or
free liquids. For the purpose of this
subpart, ‘‘free liquids’’ is defined as
material that fails the paint filter test by
EPA Method 9095B, ‘‘Paint Filter
Liquids Test’’ (Revision 2, November
2004), as published in EPA Publication
SW–846 ‘‘Test Methods for Evaluating
Solid Waste, Physical/Chemical
Methods’’ (incorporated by reference—
see § 63.14). The requirements of this
paragraph (a)(1) do not apply to the
routine recycling of baghouse bags or
other internal process or maintenance
materials in the furnace.
(2) General iron and steel scrap. You
must prepare and operate at all times
according to written material
specifications for the purchase and use
of only iron and steel scrap that has
been depleted (to the extent practicable)
of organics and HAP metals in the
charge materials used by the iron and
steel foundry. The materials
specifications must include at minimum
the information specified in paragraph
(a)(2)(i) or (ii) of this section.
(i) For scrap charged to a scrap
preheater or metal melting furnace that
is not equipped with an afterburner,
metallic scrap materials must be
depleted (to the extent practicable) of
the presence of used oil filters,
chlorinated plastic parts, accessible
lead-containing components (such as
batteries and wheel weights), and free
liquids.
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(ii) For scrap charged to a cupola
metal melting furnace that is equipped
with an afterburner, metallic scrap
materials must be depleted (to the
extent practicable) of the presence of
chlorinated plastics, accessible leadcontaining components (such as
batteries and wheel weights), and free
liquids.
(b) Mercury requirements. For each
scrap provider, contract, or shipment,
you must procure all motor vehicle
scrap pursuant to one of the alternatives
in paragraphs (b)(1), (2), or (3) of this
section. You may have one scrap
provider, contract, or shipment subject
to one alternative and others subject to
another alternative.
(1) Site-specific plan for mercury
switches. You must comply with the
requirements in paragraphs (b)(1)(i)
through (v) of this section.
(i) You must include a requirement in
your scrap specifications for removal of
mercury switches from vehicle bodies
used to make the scrap.
(ii) You must prepare and operate
according to a plan demonstrating how
your facility will implement the scrap
specification in paragraph (b)(1)(i) of
this section for removal of mercury
switches. You must submit the plan to
the Administrator for approval. The
Administrator may change the approval
status of the plan upon 90-days written
notice based upon the semiannual
report or other information. The plan
must include:
(A) A means of communicating to
scrap purchasers and scrap providers
the need to obtain or provide motor
vehicle scrap from which mercury
switches have been removed and the
need to ensure the proper disposal of
the mercury switches removed as
required by the Resource Conservation
and Recovery Act (RCRA);
(B) Provisions for obtaining assurance
from scrap providers that motor vehicle
scrap provided to the facility meets the
scrap specification;
(C) Provisions for periodic inspection,
site visits, or other means of
corroboration to ensure that scrap
providers and dismantlers are
implementing appropriate steps to
minimize the presence of mercury
switches in motor vehicle scrap and that
they are properly disposing of the
mercury switches removed, including
the minimum frequency such means of
corroboration will be implemented; and
(D) Provisions for taking corrective
actions if needed, based on the results
of procedures implemented in
paragraph (b)(1)(ii)(C) of this section.
(iii) You must require each motor
vehicle scrap provider to provide an
estimate of the number of mercury
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switches removed from motor vehicle
scrap sent to the facility during the
previous year and the basis for the
estimate. The Administrator may
request documentation or additional
information at any time.
(iv) You must establish a goal for the
removal of at least 80 percent of the
mercury switches. Although a sitespecific plan approved under paragraph
(b)(1) of this section may require only
the removal of convenience light switch
mechanisms, the Administrator will
credit all documented and verifiable
mercury-containing components
removed from motor vehicle scrap (such
as sensors in anti-locking brake systems,
security systems, active ride control,
and other applications) when evaluating
progress towards the 80 percent goal.
(v) You must submit semiannual
progress reports to the Administrator
that provide the number of mercury
switches removed or the weight of
mercury recovered from the switches,
the number of vehicles processed, an
estimate of the percent of mercury
switches recovered, and certification
that the recovered mercury switches
were recycled at RCRA-permitted
facilities. The Administrator may
change the approval status of a sitespecific plan following 90-days notice
based on the progress reports or other
information.
(2) Alternative for approved mercury
programs. You must certify in your
notification of compliance status that
you participate in and purchase motor
vehicle scrap only from scrap providers
who participate in a program for
removal of mercury switches that has
been approved by the Administrator
based on the criteria in paragraphs
(b)(2)(i) through (iii) of this section.
(i) There is an outreach program that
informs the dismantlers of the need for
removal of mercury switches and
provides training and guidance for
removing mercury switches;
(ii) The program has a goal for the
removal of at least 80 percent of
mercury switches. Although a program
approved under paragraph (b)(2) of this
section may require only the removal of
convenience light switch mechanisms,
the Administrator will credit all
documented and verifiable mercurycontaining components removed from
motor vehicle scrap (such as sensors in
anti-locking brake systems, security
systems, active ride control, and other
applications) when evaluating progress
towards the 80 percent goal; and
(iii) The program sponsor agrees to
submit progress reports to the
Administrator no less frequently than
once every year that provide the number
of mercury switches removed or the
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weight of mercury recovered from the
switches, the number of vehicles
processed, an estimate of the percent of
mercury switches recovered, and
certification that the recovered mercury
switches were recycled at RCRApermitted facilities. The Administrator
may change the approval status of a
program following 90-days notice based
on the progress report or other
information.
(3) Alternative for specialty metal
scrap. You must certify in your
notification of compliance status that
the only materials from motor vehicles
in the scrap are materials recovered for
their specialty alloy (including, but not
limited to, chromium, nickel,
molybdenum, or other alloys) content
(such as certain exhaust systems) and,
based on the nature of the scrap and
purchase specifications, that the type of
scrap is not reasonably expected to
contain mercury switches.
§ 63.10886 What are my management
practices for binder formulations?
For each furfuryl alcohol warm box
mold or core making line at a new or
existing iron and steel foundry, you
must use a binder chemical formulation
that does not use methanol as a specific
ingredient of the catalyst formulation.
This requirement does not apply to the
resin portion of the binder system.
Requirements for Small Iron and Steel
Foundries
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§ 63.10890 What are my management
practices and compliance requirements?
(a) You must comply with the
pollution prevention management
practices for metallic scrap and mercury
switches in § 63.10885 and binder
formulations in § 63.10886.
(b) You must submit an initial
notification of applicability according to
§ 63.9(b)(2).
(c) You must submit a notification of
compliance status according to
§ 63.9(h)(1)(i). You must send the
notification of compliance status before
the close of business on the 30th day
after the applicable compliance date
specified in § 63.10881. The notification
must include the following compliance
certifications, as applicable:
(1) ‘‘This facility has prepared, and
will operate by, written material
specifications for metallic scrap
according to § 63.10885(a)(1)’’ and/or
‘‘This facility has prepared, and will
operate by, written material
specifications for general iron and steel
scrap according to § 63.10885(a)(2).’’
(2) ‘‘This facility has prepared, and
will operate by, written material
specifications for the removal of
mercury switches and a site-specific
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plan implementing the material
specifications according to
§ 63.10890(b)(1)’’ and/or ‘‘This facility
participates in and purchases motor
vehicles scrap only from scrap providers
who participate in a program for
removal of mercury switches that has
been approved by the Administrator
according § 63.10890(b)(2)’’ and/or
‘‘This facility complies with the
alternative requirements in
§ 63.10890(b)(3) for specialty metal
scrap and will recover only materials
from motor vehicles for their specialty
alloy content that are not reasonably
expected to contain mercury switches.’’
No mercury switch certification is
required if your facility does not
purchase any motor vehicles scrap.
(3) ‘‘This facility complies with the no
methanol requirement for the catalyst
portion of each binder chemical
formulation for a furfuryl alcohol warm
box mold or core making line according
to § 63.10886.’’
(d) You must maintain records of the
information specified in paragraphs
(d)(1) through (7) of this section
according to the requirements in
§ 63.10(b)(1).
(1) Records supporting your initial
notification of applicability and your
notification of compliance status
according to § 63.10(b)(2)(xiv).
(2) Records of your written materials
specifications according to § 63.10885(a)
and records that demonstrate
compliance with the requirements for
restricted metallic scrap in
§ 63.10885(a)(1) or general scrap in
§ 63.10885(a)(2).
(3) If you are subject to the
requirements for a site-specific plan for
mercury switch removal in
§ 63.10885(b)(1), you must:
(i) Maintain records of the number of
mercury switches removed or the
weight of mercury recovered from the
switches and properly managed, the
number of vehicles processed, and an
estimate of the percent of mercury
switches recovered; and
(ii) Submit semiannual reports of the
number of mercury switches removed or
the weight of mercury recovered from
the switches and properly managed, the
number of vehicles processed, an
estimate of the percent of mercury
switches recovered, and certification
that the recovered mercury switches
were recycled at RCRA-permitted
facilities. The semiannual reports must
include certification that you have
conducted inspections, site visits, or
taken other means of corroboration as
required under § 63.10885(b)(1)(ii)(C).
You must identify which alternative in
paragraph § 63.10885(b) applies to each
scrap provider, contract, or shipment.
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You may include this information in the
semiannual reports required under
paragraph (d) of this section.
(4) If you are subject to the alternative
for approved mercury programs under
paragraph (b)(2) of this section, you
must maintain records identifying each
scrap provider and documenting the
scrap provider’s participation in an
approved mercury switch removal
program.
(5) Records to document use of binder
chemical formulation that does not
contain methanol as a specific
ingredient of the catalyst formulation for
each furfuryl alcohol warm box mold or
core making line as required by
§ 63.10886. These records must be the
Material Safety Data Sheet (provided
that it contains appropriate
information), a certified product data
sheet, or a manufacturer’s hazardous air
pollutant data sheet.
(6) Records of the annual quantity and
composition of each HAP-containing
chemical binder or coating material
used to make molds and cores. These
records must be copies of purchasing
records, Material Safety Data Sheets, or
other documentation that provide
information on the binder or coating
materials used.
(7) Records of metal melt production
for each calendar year.
(e) You must submit semiannual
reports to the Administrator according
to the requirements in § 63.10(e). The
report must clearly identify any
deviation from the pollution prevention
management practices in §§ 63.10885 or
63.10886 and the corrective action
taken.
(f) Beginning January 1, 2010, if the
annual metal melt production for your
small foundry exceeds 10,000 tons
during the preceding year, you must
submit a notification of foundry
reclassification to the Administrator
within 30 days and you must comply
with the requirements for large
foundries by the applicable dates in
§ 63.10881(d)(1)(i) or (d)(1)(ii).
(g) You must comply with the
following requirements of General
Provisions (40 CFR part 63, subpart A):
§§ 63.1 through 63.5; § 63.6(a), (b), (c),
and (e)(1); § 63.9; § 63.10(a), (b)(1),
(b)(2)(xiv), (b)(3), (d)(1), (d)(4), and (f);
and §§ 63.13 through 63.16.
Requirements for Large Iron and Steel
Foundries
§ 63.10895 What are my standards and
management practices?
(a) You must operate a capture and
collection system for each metal melting
furnace at a new or existing iron and
steel foundry. Each capture and
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collection system must meet accepted
engineering standards, such as those
published by the American Conference
of Governmental Industrial Hygienists.
(b) You must not discharge to the
atmosphere emissions from any metal
melting furnace or group of all metal
melting furnaces that exceed the
applicable limit in paragraph (b)(1) or
(2) of this section.
(1) For an existing iron and steel
foundry, 0.8 pounds of particulate
matter (PM) per ton of metal charged
(lb/ton of PM) or 0.06 pounds of total
metal HAP per ton of metal charged (lb/
ton of total metal HAP).
(2) For a new iron and steel foundry,
0.1 lb/ton of PM or 0.008 lb/ton of total
metal HAP.
(c) If you own or operate a new or
existing iron and steel foundry, you
must comply with each control device
parameter operating limit in paragraphs
(c)(1) through (3) of this section that
applies to you.
(1) For each wet scrubber applied to
emissions from a metal melting furnace,
you must maintain the 3-hour average
pressure drop and scrubber water flow
rate at or above the minimum levels
established during the initial or
subsequent performance test.
(2) For each electrostatic precipitator
applied to emissions from a metal
melting furnace, you must maintain the
voltage and secondary current (or total
power input) to the control device at or
above the level established during the
initial or subsequent performance test.
(3) For each baghouse applied to
emissions from a metal melting furnace
that is subject to the monitoring and
inspection requirements in
§ 63.10897(c), you must maintain the
pressure drop across each baghouse cell
within the range established during the
initial or subsequent performance test.
(d) If you own or operate a new or
existing iron and steel foundry, you
must not discharge to the atmosphere
fugitive emissions from a building or
structure housing any iron and steel
foundry operations that exhibit opacity
greater than 20 percent (6-minute
average).
(e) You must comply with the
pollution prevention management
practices in §§ 63.10885 and 63.10886.
§ 63.10896 What are my operation and
maintenance requirements?
(a) You must prepare and follow a
written operation and maintenance
(O&M) plan for each control device used
to comply with the requirements of this
subpart. You must maintain a copy of
the O&M plan at the facility and make
it available for review upon request. At
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a minimum, each plan must contain the
following information:
(1) General facility and contact
information;
(2) Positions responsible for
inspecting, maintaining, and repairing
emissions control devices which are
used to comply with this subpart;
(3) Description of items, equipment,
and conditions that will be inspected,
including an inspection schedule for the
items, equipment, and conditions. For
baghouses, the O&M plan must include:
(i) If the baghouse is subject to the
monitoring requirements in
§ 63.10897(c), information on how the
baghouse system will be operated and
maintained, including monitoring of
pressure drop across baghouse cells and
frequency of visual inspections of the
baghouse interior and baghouse
components such as dust removal and
bag cleaning mechanisms and fans; or
(ii) If the baghouse is subject to the
monitoring requirements in
§ 63.10897(d), the site-specific
monitoring plan for each bag leak
detection system required in
§ 63.10897(d)(2).
(4) Identity and estimated quantity of
the replacement parts that will be
maintained in inventory; and
(5) Procedures for operating and
maintaining a continuous parameter
monitoring system (CPMS) in
accordance with manufacturer’s
specifications.
(b) You may use any other O&M,
preventative maintenance, or similar
plan which addresses the requirements
in paragraph (a)(1) through (5) of this
section to demonstrate compliance with
the requirements for an O&M plan.
§ 63.10897 What are my monitoring
requirements?
(a) For each wet scrubber applied to
emissions from a metal melting furnace,
you must use a continuous parameter
monitoring system (CPMS) to measure
and record the 3-hour average pressure
drop and scrubber water flow rate.
(b) For each electrostatic precipitator
applied to emissions from a metal
melting furnace, you must measure and
record the hourly average voltage and
secondary current (or total power input)
using a CPMS or check and record the
voltage and secondary current (or total
power input) at least once a shift.
(c) Except as specified in paragraph
(d) of this section, you must comply
with the monitoring and inspection
requirements in paragraphs (c)(1)
through (8) of this section for each
baghouse applied to emissions from a
metal melting furnace. You must record
the date and results of each inspection.
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(1) Measure and record the pressure
drop across each baghouse cell each
day.
(2) Confirm that dust is being
removed from hoppers through weekly
visual inspections or other means of
ensuring the proper functioning of
removal mechanisms.
(3) Check the compressed air supply
for pulse-jet baghouses each day.
(4) Monitor cleaning cycles to ensure
proper operation using an appropriate
methodology.
(5) Check bag cleaning mechanisms
for proper functioning through monthly
visual inspection or equivalent means.
(6) Make monthly visual checks of bag
tension on reverse air and shaker-type
baghouses to ensure that bags are not
kinked (kneed or bent) or lying on their
sides. You do not have to check for
shaker-type baghouses using selftensioning (spring-loaded) devices.
(7) Confirm the physical integrity of
the baghouse through quarterly visual
inspections of the baghouse interior for
air leaks.
(8) Inspect fans for wear, material
buildup, and corrosion through
quarterly visual inspections, vibration
detectors, or equivalent means.
(d) If you own or operate an existing
affected source, you may install,
operate, and maintain a bag leak
detection system for each negative
pressure baghouse or positive pressure
baghouse as an alternative to the
baghouse monitoring and inspection
requirements in paragraph (c) of this
section. If you own or operate a new
affected source, you must install,
operate, and maintain a bag leak
detection system for each negative
pressure baghouse or positive pressure
baghouse. You must install, operate, and
maintain each bag leak detection system
according to the requirements in
paragraphs (d)(1) through (3) of this
section.
(1) Each bag leak detection system
must meet the requirements in
paragraphs (d)(1)(i) through (vii) of this
section.
(i) The system must be certified by the
manufacturer to be capable of detecting
emissions of particulate matter at
concentrations of 10 milligrams per
actual cubic meter (0.00044 grains per
actual cubic foot) or less.
(ii) The bag leak detection system
sensor must provide output of relative
particulate matter loadings and the
owner or operator shall continuously
record the output from the bag leak
detection system using a strip chart
recorder, data logger, or other means.
(iii) The system must be equipped
with an alarm that will sound when an
increase in relative particulate loadings
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is detected over the alarm set point
established in the operation and
maintenance plan, and the alarm must
be located such that it can be heard by
the appropriate plant personnel.
(iv) The initial adjustment of the
system must, at minimum, consist of
establishing the baseline output by
adjusting the sensitivity (range) and the
averaging period of the device, and
establishing the alarm set points. If the
system is equipped with an alarm delay
time feature, you also must adjust the
alarm delay time.
(v) Following the initial adjustment,
do not adjust the sensitivity or range,
averaging period, alarm set point, or
alarm delay time. Except, once per
quarter, you may adjust the sensitivity
of the bag leak detection system to
account for seasonable effects including
temperature and humidity according to
the procedures in the monitoring plan
required by paragraph (d)(2) of this
section.
(vi) For negative pressure baghouses,
induced air baghouses, and positive
pressure baghouses that are discharged
to the atmosphere through a stack, the
bag leak detector sensor must be
installed downstream of the baghouse
and upstream of any wet scrubber.
(vii) Where multiple detectors are
required, the system’s instrumentation
and alarm may be shared among
detectors.
(2) You must prepare a site-specific
monitoring plan for each bag leak
detection system to be incorporated in
your O&M plan. You must operate and
maintain each bag leak detection system
according to the plan at all times. Each
plan must address all of the items
identified in paragraphs (d)(2)(i)
through (vi) of this section.
(i) Installation of the bag leak
detection system.
(ii) Initial and periodic adjustment of
the bag leak detection system including
how the alarm set-point will be
established.
(iii) Operation of the bag leak
detection system including quality
assurance procedures.
(iv) Maintenance of the bag leak
detection system including a routine
maintenance schedule and spare parts
inventory list.
(v) How the bag leak detection system
output will be recorded and stored.
(vi) Procedures for determining what
corrective actions are necessary in the
event of a bag leak detection alarm as
required in paragraph (d)(3) of this
section.
(3) In the event that a bag leak
detection system alarm is triggered, you
must initiate corrective action to
determine the cause of the alarm within
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1 hour of the alarm, initiate corrective
action to correct the cause of the
problem within 24 hours of the alarm,
and complete corrective action as soon
as practicable, but no later than 10
calendar days from the date of the
alarm. You must record the date and
time of each valid alarm, the time you
initiated corrective action, the
correction action taken, and the date on
which corrective action was completed.
Corrective actions may include, but are
not limited to:
(i) Inspecting the bag house for air
leaks, torn or broken bags or filter
media, or any other condition that may
cause an increase in emissions.
(ii) Sealing off defective bags or filter
media.
(iii) Replacing defective bags or filter
media or otherwise repairing the control
device.
(iv) Sealing off a defective baghouse
department.
(v) Cleaning the bag leak detection
system probe, or otherwise repairing the
bag leak detection system.
(vi) Shutting down the process
producing the particulate emissions.
(e) You must make monthly
inspections of the equipment that is
important to the performance of the
total capture system (i.e., pressure
sensors, dampers, and damper
switches). This inspection must include
observations of the physical appearance
of the equipment (e.g., presence of holes
in the ductwork or hoods, flow
constrictions caused by dents or
accumulated dust in the ductwork, and
fan erosion). You must repair any defect
or deficiency in the capture system
before the next scheduled inspection.
You must record the date and results of
each inspection and the date of repair of
any defect or deficiency.
(f) You must install, operate, and
maintain each CPMS or other
measurement device according to your
O&M plan. You must record all
information needed to document
conformance with these requirements.
(g) In the event of an exceedance of
an established emissions limitation
(including operating limit), you must
restore operation of the emissions
source (including the control device and
associated capture system) to its normal
or usual manner or operation as
expeditiously as practicable in
accordance with good air pollution
control practices for minimizing
emissions. The response shall include
minimizing the period of any startup,
shutdown or malfunction and taking
any necessary corrective actions to
restore normal operation and prevent
the likely recurrence of the exceedance.
You must record the date and time
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correction action was initiated, the
correction action taken, and the date
corrective action was completed.
(h) If you choose to comply with an
emissions limit in § 63.10895(b) using
emissions averaging, you must calculate
and record for each calendar month the
pounds of PM or total metal HAP per
ton of metal melted from the group of
all metal melting furnaces at your
foundry. You must calculate and record
the weighted average pounds per ton
emissions rate for the group of all metal
melting furnaces at the foundry
determined from the performance test
procedures in § 63.10898(d) and (e).
(i) Except for, as applicable,
monitoring malfunctions, associated
repairs, and required quality assurance
or control activities (including, as
applicable, calibration checks and
required zero and span adjustments),
you must conduct all continuous
monitoring (or must collect data at all
required intervals) at all times that the
emissions source is operating. Data
recorded during monitoring
malfunctions, associated repairs, and
required quality assurance or quality
control activities shall not be used for
the purposes of this subpart, including
data averages and calculations, or
fulfilling a minimum data availability
requirement, if applicable. You must
use all the data collected during all
other periods in assessing the operation
of the control device and associated
control system. A monitoring
malfunction is any sudden, infrequent,
and not reasonably preventable failure
of the monitoring to provide valid data.
Monitoring failures that are caused in
part by poor maintenance or careless
operation are not malfunctions.
§ 63.10898 What are my performance test
requirements?
(a) You must conduct a performance
test to demonstrate initial compliance
with the applicable emissions limits for
each metal melting furnace or group of
all metal melting furnaces that is subject
to an emissions limit in § 63.10895(b)
and for each building or structure
housing foundry operations that is
subject to the opacity limit for fugitive
emissions in § 63.10895(d). You must
conduct the test within 180 days of your
compliance date and report the results
in your notification of compliance
status.
(1) If you own or operate an existing
iron and steel foundry, you may choose
to submit the results of a prior
performance test for PM or total metal
HAP that demonstrates compliance with
the applicable emissions limit for a
metal melting furnace or group of all
metal melting furnaces provided the test
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metal melting furnace in a lb/ton of
metal charged format, compute the
process-weighted mass emissions (Ep)
for each test run using Equation 1 of this
section:
Where:
Ep = Process-weighted mass emissions of PM
or total metal HAP, lb/ton;
C = Concentration of PM or total metal HAP,
gr/dscf;
Q = Volumetric flow rate of stack gas, dscf/
hr;
T = Total time during a test run that a sample
is withdrawn from the stack during melt
production cycle, hr;
P = Total amount of metal charged during the
test run, tons; and
K = Conversion factor, 7,000 grains per
pound.
(e) To determine compliance with the
applicable emissions limit in
§ 63.10895(b) for a group of all metal
melting furnaces using emissions
averaging,
(1) Determine and record the monthly
average charge rate for each metal
melting furnace at your iron and steel
foundry for the previous calendar
month; and
(2) Compute the mass-weighted PM or
total metal HAP using Equation 2 of this
section.
n
Ec =
∑ (E
pi
× Tti )
i =1
n
∑ Tti
(Eq. 2)
i =1
Where:
EC = The mass-weighted PM or total metal
HAP emissions for the group of all metal
melting furnaces at the foundry, lb/ton;
% reduction =
Where:
Ei = Mass emissions rate of PM or total metal
HAP at the control device inlet, lb/hr;
(Eq. 1)
Ei − Eo
× 100%
Ei
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Where:
Ep1released = Calculated process-weighted mass
emissions of PM (or total metal HAP)
predicted to be released to the
atmosphere from the regulated emissions
source, lb/ton; and
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(Eq. 3)
Eo = Mass emissions rate of PM or total metal
HAP at the control device outlet, lb/hr.
(3) Meet the applicable emissions
limit based on the calculated PM or total
% reduction
E p1released = E pli × 1 −
100
(g) To determine compliance with an
emissions limit for situations when
Frm 00024
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metal HAP process-weighted mass
emissions for the regulated emissions
source using Equation 4 of this section:
(Eq. 4)
Ep1i = Process-weighted mass emissions of
PM (or total metal HAP) in the
uncontrolled regulated exhaust stream,
lb/ton.
PO 00000
(3) For an uncontrolled electric
induction furnace that is not equipped
with a capture system, you may assume
an emissions factor of 3 pounds per ton
of PM or 0.2 pounds per ton of total
metal HAP per ton of metal melted in
Equation 2 of this section instead of a
measured test value. If the uncontrolled
electric induction furnace is equipped
with a capture system, you must use a
measured test value.
(f) To determine compliance with the
applicable PM or total metal HAP
emissions limit for a metal melting
furnace in § 63.10895(b) when
emissions from one or more regulated
furnaces are combined with other nonregulated emissions sources, you may
demonstrate compliance using the
procedures in paragraphs (f)(1) through
(3) of this section.
(1) Determine the PM or total metal
HAP process-weighted mass emissions
for each of the regulated streams prior
to the combination with other exhaust
streams or control device.
(2) Measure the flow rate and PM or
total metal HAP concentration of the
combined exhaust stream both before
and after the control device and
calculate the mass removal efficiency of
the control device using Equation 3 of
this section.
EP17SE07.003
C×Q×T
P×K
Ep =
Epi = Process-weighted mass emissions of PM
or total metal HAP for individual
emission unit i as determined from the
performance test and calculated using
Equation 1 of this section, lb/ton;
Tti = Total tons of metal charged for
individual emission unit i for the
calendar month prior to the performance
test, tons; and
n = The total number of metal melting
furnaces at the iron and steel foundry.
EP17SE07.002
was conducted within the last 5 years
using the methods and procedures
specified in this subpart and either no
process changes have been made since
the test, or you can demonstrate that the
results of the performance test, with or
without adjustments, reliably
demonstrate compliance despite such
process changes.
(2) If you own or operate an existing
iron and steel foundry and you choose
to submit the results of a prior
performance test according to paragraph
(a)(1) of this section, you must submit
a written notification to the
Administrator of your intent to use the
previous test data no later than 60 days
after your compliance date. The
notification must contain a full copy of
the performance test and contain
information to demonstrate, if
applicable, that either no process
changes have been made since the test,
or that the results of the performance
test, with or without adjustments,
reliably demonstrate compliance despite
such process changes.
(b) You must conduct subsequent
performance tests to demonstrate
compliance with the applicable
emissions limit § 63.10895(b) for a metal
melting furnace or group of all metal
melting furnaces no less frequently than
every 5 years and each time you elect
to change an operating limit or make a
process change likely to increase HAP
emissions.
(c) You must conduct each
performance test according to the
requirements in § 63.7(e)(1), Table 1 to
this subpart, and paragraphs (d) through
(g) of this section.
(d) To determine compliance with the
applicable PM or total metal HAP
emissions limit in § 63.10895(b) for a
multiple sources are controlled by a
single control device, but only one
source operates at a time or other
situations that are not expressly
considered in paragraphs (d) through (f)
of this section, you must submit a site-
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specific test plan to the Administrator
for approval according to the
requirements in § 63.7(c)(2) and (3).
(h) You must conduct each opacity
test for fugitive emissions according to
the requirements in § 63.6(h)(5) and
Table 1 to this subpart.
(i) You must conduct subsequent
performance tests to demonstrate
compliance with the opacity limit in
§ 63.10895(d) no less frequently than
every 6 months and each time you make
a process change likely to increase
fugitive emissions.
(j) In your performance test report,
you must certify that the capture system
operated normally during the
performance test.
(k) You must establish operating
limits during the initial performance
test according to the requirements in
Table 2 of this subpart. You may use a
previous performance test conducted
prior to September 17, 2007 to establish
an operating limit provided the test
meets the requirements in paragraph
(a)(1) of this section.
(l) You may change the operating
limits for a wet scrubber, electrostatic
precipitator, or baghouse if you meet the
requirements in paragraphs (l)(1)
through (3) of this section.
(1) Submit a written notification to
the Administrator of your plan to
conduct a new performance test to
revise the operating limit.
(2) Conduct a performance test to
demonstrate compliance with the
applicable emissions limitation in
§ 63.10895(b).
(3) Establish revised operating limits
according to the applicable procedures
in Table 2 to this subpart.
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§ 63.10899 What are my recordkeeping
and reporting requirements?
(a) In addition to the records required
by 40 CFR 63.10, you must maintain
records of the information specified in
paragraphs (a)(1) through (12) of this
section according to the requirements in
§ 63.10(b)(1).
(1) Records of your written materials
specifications according to § 63.10885(a)
and records that demonstrate
compliance with the requirements for
restricted metallic scrap in
§ 63.10885(a)(1) or general scrap in
§ 63.10885(a)(2).
(2) If you are subject to the
requirements for a site-specific plan for
mercury switch removal in
§ 63.10885(b)(1), you must:
(i) Maintain records of the number of
mercury switches removed or the
weight of mercury recovered from the
switches and properly managed, the
number of vehicles processed, and an
estimate of the percent of mercury
switches recovered; and
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(ii) Submit semiannual reports of the
number of mercury switches removed or
the weight of mercury recovered from
the switches and properly managed, the
number of vehicles processed, an
estimate of the percent of mercury
switches recovered, and certification
that the recovered mercury switches
were recycled at RCRA-permitted
facilities. The semiannual reports must
include certification that you have
conducted inspections, site visits, or
taken other means of corroboration as
required under § 63.10885(b)(1)(ii)(C).
You must identify which alternative in
§ 63.10885(b) applies to each scrap
provider, contract, or shipment. You
may include this information in the
semiannual reports required under
paragraph (b) of this section.
(3) If you are subject to the alternative
for approved mercury programs under
§ 63.10885(b)(2), you must maintain
records identifying each scrap provider
and documenting the scrap provider’s
participation in an approved mercury
switch removal program.
(4) Records to document use of binder
chemical formulation that does not
contain methanol as a specific
ingredient of the catalyst formulation for
each furfuryl alcohol warm box mold or
core making line as required by
§ 63.10886. These records must be the
Material Safety Data Sheet (provided
that it contains appropriate
information), a certified product data
sheet, or a manufacturer’s hazardous air
pollutant data sheet.
(5) Records of the annual quantity and
composition of each HAP-containing
chemical binder or coating material
used to make molds and cores. These
records must be copies of purchasing
records, Material Safety Data Sheets, or
other documentation that provide
information on the binder or coating
materials used.
(6) Records of monthly metal melt
production for each calendar year.
(7) Operation and maintenance plan
as required by § 63.10896(a) and records
that demonstrate compliance with plan
requirements.
(8) If you use emissions averaging,
records of monthly metal melting rate
for each furnace at your iron and steel
foundry, and records of the calculated
pounds of PM or total metal HAP per
ton of metal melted for the group of all
metal melting furnaces required by
§ 63.10897(h).
(9) Records of baghouse monitoring
and inspections required by
§ 63.10897(c) or, if applicable, records
for bag leak detection systems as
follows:
(i) Records of the bag leak detection
system output;
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53007
(ii) Records of bag leak detection
system adjustments, including the date
and time of the adjustment, the initial
bag leak detection system settings, and
the final bag leak detection system
settings; and
(iii) The date and time of all bag leak
detection system alarms, and for each
valid alarm, the time you initiated
corrective action, the corrective action
taken, and the date on which corrective
action was completed.
(10) Records of capture system
inspections and repairs as required by
§ 63.10897(e).
(11) Records demonstrating
conformance with your O&M plan and
specifications for the operation of CPMS
as required by § 63.10897(f).
(12) Records of corrective action(s) for
exceedances and excursions as required
by § 63.10897(h).
(b) You must submit semiannual
reports to the Administrator according
to the requirements in § 63.10(e). The
reports must include, at a minimum, the
following information as applicable:
(1) Summary information on the
number, duration, and cause (including
unknown cause, if applicable) of
excursions or exceedances, as
applicable, and the corrective action
taken;
(2) Summary information on the
number, duration, and cause (including
unknown cause, if applicable) for
monitor downtime incidents (other than
downtime associated with zero and
span or other calibration checks, if
applicable); and
(3) Summary information on any
deviation from the pollution prevention
management practices in §§ 63.10885
and 63.10886 and the operation and
maintenance requirements in § 63.10896
and the corrective action taken.
§ 63.10900 What parts of the General
Provisions apply to me?
(a) If you own or operate a new or
existing affected source, you must
comply with the requirements of the
General Provisions (40 CFR part 63,
subpart A) according to Table 3 of this
subpart.
(b) Your notification of compliance
status required by § 63.9(h) must
include each applicable certification of
compliance, signed by a responsible
official, in Table 4 of this subpart.
Other Requirements and Information
§ 63.10905 Who implements and enforces
this subpart?
(a) This subpart can be implemented
and enforced by EPA or a delegated
authority such as your State, local, or
tribal agency. If the EPA Administrator
has delegated authority to your State,
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local, or tribal agency, then that agency,
in addition to the EPA, has the authority
to implement and enforce this subpart.
You should contact your EPA Regional
Office to find out if implementation and
enforcement of this subpart is delegated
to your State, local, or tribal agency.
(b) In delegating implementation and
enforcement authority of this subpart to
a State, local, or tribal agency under 40
CFR part 63, subpart E, the authorities
contained in paragraph (c) of this
section are retained by the EPA
Administrator and are not transferred to
the State, local, or tribal agency.
(c) The authorities that cannot be
delegated to State, local, or tribal
agencies are specified in paragraphs
(c)(1) through (4) of this section.
(1) Approval of an alternative nonopacity emissions standard under 40
CFR 63.6(g).
(2) Approval of an alternative opacity
emissions standard under § 63.6(h)(9).
(3) Approval of a major change to test
methods under § 63.7(e)(2)(ii) and (f). A
‘‘major change to test method’’ is
defined in § 63.90.
(4) Approval of a major change to
monitoring under § 63.8(f). A ‘‘major
change to monitoring’’ under is defined
in § 63.90.
(5) Approval of a major change to
recordkeeping and reporting under
§ 63.10(f). A ‘‘major change to
recordkeeping/reporting’’ is defined in
§ 63.90.
mstockstill on PROD1PC66 with PROPOSALS3
§ 63.10906
subpart?
What definitions apply to this
Terms used in this subpart are
defined in the Clean Air Act, in § 63.2,
and in this section.
Bag leak detection system means a
system that is capable of continuously
monitoring relative particulate matter
(dust) loadings in the exhaust of a
baghouse to detect bag leaks and other
upset conditions. A bag leak detection
system includes, but is not limited to,
an instrument that operates on
triboelectric, electrodynamic, light
scattering, light transmittance, or other
effect to continuously monitor relative
particulate matter loadings.
Binder chemical means a component
of a system of chemicals used to bind
sand together into molds, mold sections,
and cores through chemical reaction as
opposed to pressure.
Capture system means the collection
of components used to capture gases
and fumes released from one or more
emissions points and then convey the
captured gas stream to a control device
or to the atmosphere. A capture system
may include, but is not limited to, the
following components as applicable to a
given capture system design: duct intake
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devices, hoods, enclosures, ductwork,
dampers, manifolds, plenums, and fans.
Cupola means a vertical cylindrical
shaft furnace that uses coke and forms
of iron and steel such as scrap and
foundry returns as the primary charge
components and melts the iron and steel
through combustion of the coke by a
forced upward flow of heated air.
Deviation means any instance in
which an affected source or an owner or
operator of such an affected source:
(1) Fails to meet any requirement or
obligation established by this subpart
including, but not limited to, any
emissions limitation (including
operating limits), management practice,
or operation and maintenance
requirement;
(2) Fails to meet any term or condition
that is adopted to implement an
applicable requirement in this subpart
and that is included in the operating
permit for any iron and steel foundry
required to obtain such a permit; or
(3) Fails to meet any emissions
limitation (including operating limits)
or management standard in this subpart
during startup, shutdown, or
malfunction, regardless of whether or
not such failure is permitted by this
subpart.
Electric arc furnace means a vessel in
which forms of iron and steel such as
scrap and foundry returns are melted
through resistance heating by an electric
current flowing through the arcs formed
between the electrodes and the surface
of the metal and also flowing through
the metal between the arc paths.
Electric induction furnace means a
vessel in which forms of iron and steel
such as scrap and foundry returns are
melted though resistance heating by an
electric current that is induced in the
metal by passing an alternating current
through a coil surrounding the metal
charge or surrounding a pool of molten
metal at the bottom of the vessel.
Exhaust stream means gases emitted
from a process through a conveyance as
defined in this subpart.
Foundry operations means all process
equipment and practices used to
produce metal castings for shipment.
Foundry operations include: mold or
core making and coating; scrap handling
and preheating; metal melting and
inoculation; pouring, cooling, and
shakeout; shotblasting, grinding, and
other metal finishing operations; and
sand handling.
Free liquids means material that fails
the paint filter test by EPA Method
9095B (incorporated by reference—see
§ 63.14). That is, if any portion of the
material passes through and drops from
the filter within the 5-minute test
PO 00000
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period, the material contains free
liquids.
Furfuryl alcohol warm box mold or
core making line means a mold or core
making line in which the binder
chemical system used is that system
commonly designated as a furfuryl
alcohol warm box system by the
foundry industry.
Iron and steel foundry means a
facility or portion of a facility that melts
scrap, ingot, and/or other forms of iron
and/or steel and pours the resulting
molten metal into molds to produce
final or near final shape products for
introduction into commerce. Research
and development facilities and
operations that only produce noncommercial castings are not included in
this definition.
Large iron and steel foundry means an
iron and steel foundry with a metal melt
production greater than 10,000 tons per
year.
Metal charged means the quantity of
scrap metal, pig iron, metal returns,
alloy materials, and other solid forms of
iron and steel placed into a metal
melting furnace. Metal charged does not
include the quantity of fluxing agents
or, in the case of a cupola, the quantity
of coke that is placed into the metal
melting furnace.
Metal melting furnace means a
cupola, electric arc furnace, electric
induction furnace, or similar device that
converts scrap, foundry returns, and/or
other solid forms of iron and/or steel to
a liquid state. This definition does not
include a holding furnace, an argon
oxygen decarburization vessel, or ladle
that receives molten metal from a metal
melting furnace, to which metal ingots
or other material may be added to adjust
the metal chemistry.
Metal melt production means the
quantity of metal melted in a metal
melting furnace or group of all metal
melting furnaces at the iron and steel
foundry. For the purposes of this
subpart, metal melt production is
determined on the basis on the quantity
of metal charged to each metal melting
furnace; the sum of the metal melt
production rates for each furnace is the
total metal melt production of the
foundry.
Mold or core making line means the
collection of equipment that is used to
mix an aggregate of sand and binder
chemicals, form the aggregate into final
shape, and harden the formed aggregate.
This definition does not include a line
for making green sand molds or cores.
Responsible official means
responsible official as defined in § 63.2.
Scrap preheater means a vessel or
other piece of equipment in which
metal scrap that is to be used as melting
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furnace feed is heated to a temperature
high enough to eliminate volatile
impurities or other tramp materials by
direct flame heating or similar means of
heating. Scrap dryers, which solely
remove moisture from metal scrap, are
not considered to be scrap preheaters for
purposes of this subpart.
Scrubber blowdown means liquor or
slurry discharged from a wet scrubber
that is either removed as a waste stream
or processed to remove impurities or
adjust its composition or pH
Small iron and steel foundry means
an iron and steel foundry that has a
metal melt production of 10,000 tons
per year or less.
Total metal HAP means, for the
purposes of this subpart, the sum of the
concentrations of compounds of
antimony, arsenic, beryllium, cadmium,
chromium, cobalt, lead, manganese,
53009
mercury, nickel, and selenium as
measured by EPA Method 29 (40 CFR
part 60, appendix A).
Tables to Subpart ZZZZZ of Part 63
As required in § 63.10898(c), you
must conduct performance tests
according to the test methods and
procedures in the following table.
TABLE 1 TO SUBPART ZZZZZ OF PART 63.—PERFORMANCE TEST REQUIREMENTS FOR LARGE IRON AND STEEL
FOUNDRIES
You must . . .
According to the following requirements . . .
1. Each metal melting furnace subject to a PM or total metal HAP
limit in § 63.10895(b).
mstockstill on PROD1PC66 with PROPOSALS3
For . . .
a. Select sampling port locations
and the number of traverse
points in each stack or duct
using EPA Method 1 or 1A (40
CFR part 60, appendix A).
b. Determine volumetric flow rate
of the stack gas using Method
2, 2A, 2C, 2D, 2F, or 2G (40
CFR part 60, appendix A).
c. Determine dry molecular weight
of the stack gas using EPA
Method 3, 3A, or 3B (40 CFR
part 60, appendix A)1.
d. Measure moisture content of
the stack gas using EPA Method 4 (40 CFR part 60, appendix
A).
e. Determine PM concentration
using EPA Method 5, 5B, 5D,
5F, or 5I, as applicable or total
metal HAP concentration using
EPA Method 29 (40 CFR part
60, appendix A).
Sampling sites must be located at the outlet of the control device (or
at the outlet of the emissions source if no control device is present)
prior to any releases to the atmosphere.
2. Fugitive emissions from buildings
or structures housing any iron
and steel foundry emissions
sources subject to opacity limit in
§ 63.10895(f).
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Using a certified observer, conduct
each opacity test according to
EPA Method 9 (40 CFR part 60,
appendix A) and 40 CFR
63.6(h)(5).
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i. Collect a minimum sample volume of 60 dscf of gas during each
PM sampling run. The PM concentration is determined using only
the front-half (probe rinse and filter) of the PM catch.
ii. For Method 29, only the measured concentration of the listed metal
HAP analytes that are present at concentrations exceeding onehalf the quantification limit of the analytical method are to be used
in the sum. If any of the analytes are not detected or are detected
at concentrations less than one-half the quantification limit of the
analytical method, the concentration of those analytes is assumed
to be zero for the purposes of calculating the total metal HAP.
iii. A minimum of three valid test runs are needed to comprise a PM
or total metal HAP performance test.
iv. For cupola metal melting furnaces, sample PM or total metal HAP
only during times when the cupola is on blast.
v. For electric arc and electric induction metal melting furnaces, sample PM or total metal HAP only during normal melt production conditions, which may include, but are not limited to the following operations: charging, melting, alloying, refining, slagging, and tapping.
vi. Determine and record the total combined weight of tons of metal
charged during the duration of each test run. You must compute
the process-weighted mass emissions of PM according to Equation
1 of § 63.10898(d) for an individual furnace or Equation 2 of
§ 63.10898(e) for the group of all metal melting furnaces at the
foundry.
i. The certified observer may identify a limited number of openings or
vents that appear to have the highest opacities and perform opacity observations on the identified openings or vents in lieu of performing observations for each opening or vent from the building or
structure. Alternatively, a single opacity observation for the entire
building or structure may be performed, if the fugitive release
points afford such an observation.
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53010
Federal Register / Vol. 72, No. 179 / Monday, September 17, 2007 / Proposed Rules
TABLE 1 TO SUBPART ZZZZZ OF PART 63.—PERFORMANCE TEST REQUIREMENTS FOR LARGE IRON AND STEEL
FOUNDRIES—Continued
For . . .
You must . . .
According to the following requirements . . .
ii. During testing intervals when PM or total metal HAP performance
tests, if applicable, are being conducted, conduct the opacity test
such that the opacity observations are recorded during the PM or
total metal HAP performance tests.
1 You may also use as an alternative to EPA Method 3B (40 CFR part 60, appendix A), the manual method for measuring the oxygen, carbon
dioxide, and carbon monoxide content of exhaust gas, ANSI/ASME PTC 19.10–1981, ‘‘Flue and Exhaust Gas Analyses’’ (incorporated by reference—see § 63.14).
As required in § 63.10898(k), you
must establish operating limits using the
procedures in the following table.
TABLE 2 TO SUBPART ZZZZZ OF PART 63.—PROCEDURES FOR ESTABLISHING OPERATING LIMITS FOR LARGE IRON AND
STEEL FOUNDRIES
For . . .
You must . . .
1. Each wet scrubber subject to the operating limits in § 63.10895(c)(1)
for pressure drop and scrubber water flow rate.
Using the CPMS required in § 63.10897(a), measure and record the
pressure drop and scrubber water flow rate in intervals of no more
than 15 minutes during each PM or total metal HAP test run. Compute and record the average pressure drop and average scrubber
water flow rate for each valid sampling run in which the applicable
emissions limit is met.
Measure and record voltage and secondary current (or total power
input) manually or by CPMS every 15 minutes during each PM or
total metal HAP test run. Compute and record the minimum hourly
average voltage and secondary current (or total power input) from all
the readings for each valid sampling run in which the applicable
emissions limit is met.
Measure and record the minimum and maximum pressure drop across
each baghouse cell during each PM or total metal HAP test run.
Compute and record the average minimum and maximum pressure
drop values for the three runs.
2. Each electrostatic precipitator subject to operating limits in
§ 63.10895(c)(2) for voltage and secondary current (or total power
input).
3. Each baghouse subject to the operating limit in § 63.10895(c)(3) for
pressure drop.
As required in § 63.10900(a), you
must meet each requirement in the
following table that applies to you.
TABLE 3 TO SUBPART ZZZZZ OF PART 63.—APPLICABILITY OF GENERAL PROVISIONS TO LARGE IRON AND STEEL
FOUNDRIES
Applies to large iron
and steel foundry?
Citation
Subject
63.1 ...................................................................
63.2 ...................................................................
63.3 ...................................................................
63.4 ...................................................................
63.5 ...................................................................
63.6(a)–(g) ........................................................
Applicability .....................................................
Definitions .......................................................
Units and abbreviations ..................................
Prohibited activities .........................................
Construction/Reconstruction ...........................
Compliance with standards and maintenance
requirements.
Opacity and visible emissions standards .......
Compliance extension and Presidential compliance exemption.
Performance testing requirements ..................
Applicability and performance test dates ........
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Monitoring requirements .................................
Yes.
Additional monitoring requirements for control
devices in § 63.11.
Continuous monitoring system (CMS) requirements.
No.
63.6(h) ..............................................................
63.6(i)(i)–(j) .......................................................
mstockstill on PROD1PC66 with PROPOSALS3
63.7(a)(3), (b)–(h) .............................................
63.7(a)(1)–(a)(2) ...............................................
63.8(a)(1)–(a)(3),(b),
(c)(1)–(c)(3),
(c)(6)–
(c)(8), (d), (e), (f)(1)–(f)(6),(g)(1)–(g)(4).
63.8(a)(4) ..........................................................
63.8(c)(4) ..........................................................
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Explanation
Yes.
Yes.
Yes.
No ...............................
No.
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Subpart ZZZZZ specifies applicability and
performance test
dates.
Federal Register / Vol. 72, No. 179 / Monday, September 17, 2007 / Proposed Rules
53011
TABLE 3 TO SUBPART ZZZZZ OF PART 63.—APPLICABILITY OF GENERAL PROVISIONS TO LARGE IRON AND STEEL
FOUNDRIES—Continued
Applies to large iron
and steel foundry?
Citation
Subject
63.8(c)(5) ..........................................................
Continuous
opacity
monitoring
system
(COMS) Minimum Procedures.
Data reduction .................................................
Notification requirements ................................
Recordkeeping and reporting requirements ...
No.
Additional records for continuous monitoring
systems.
Records of excess emissions and parameter
monitoring exceedances for CMS.
Reporting opacity or visible emissions observations.
Excess emissions reports ...............................
Reporting COMS data ....................................
Control device requirements ...........................
State authority and delegations ......................
Addresses of State air pollution control agencies and EPA regional offices. Incorporation by reference. Availability of information
and confidentiality. Performance track provisions.
No.
63.8(g)(5) ..........................................................
63.9 ...................................................................
63.10(a), (b)(1)–(b)(2)(xii)–(b)(2)(xiv), (b)(3),
(d)(1)–(2), (e)(1)–(2), (f).
63.10(c)(1)–(6), (c)(9)–(15) ..............................
63.10(c)(7)–(8) ..................................................
63.10(d)(3) ........................................................
63.10(e)(3) ........................................................
63.10(e)(4) ........................................................
63.11 .................................................................
63.12 .................................................................
63.13–63.16 ......................................................
As required by § 63.10900(b), your
notification of compliance status must
Explanation
No.
Yes.
Yes.
Yes.
Yes.
Yes.
No.
No.
Yes.
Yes.
include certifications of compliance
according to the following table.
TABLE 4 TO SUBPART ZZZZZ OF PART 63.—COMPLIANCE CERTIFICATIONS FOR LARGE IRON AND STEEL FOUNDRIES
For . . .
Your notification of compliance status required by § 63.9(h) must include this certification of compliance, signed by a responsible official:
Each new or existing affected source subject to scrap management requirements in § 63.10885(a)(1) or (2).
‘‘This facility has prepared, and will operate by, written material specifications for
metallic scrap according to § 63.10885(a)(1)’’ or ‘‘This facility has prepared,
and will operate by, written material specifications for general iron and steel
scrap according to § 63.10890(a)(2).’’
‘‘This facility has prepared, and will operate by, written material specifications for
the removal of mercury switches and a site-specific plan implementing the material specifications according to § 63.10890(b)(1)’’ or ‘‘This facility participates
in and purchases motor vehicles scrap only from scrap providers who participate in a program for removal of mercury switches that has been approved by
the Administrator according to § 63.10890(b)(2)’’ or ‘‘This facility complies with
the alternative requirements in § 63.10890(b)(3) for specialty metal scrap and
will recover only materials from motor vehicles for their specialty alloy content
that are not reasonably expected to contain mercury switches.’’
‘‘This facility complies with the no methanol requirement for the catalyst portion
of each binder chemical formulation for a furfuryl alcohol warm box mold or
core making line according to § 63.10886.’’
‘‘This facility operates a capture and collection system for each emissions source
subject to this subpart according to § 63.10895(a).’’
‘‘This facility complies with the PM or total metal HAP emissions limit in
§ 63.10895(b) for each metal melting furnace or group of all metal melting furnaces based on a previous performance test in accordance with
§ 63.10898(a)(1).’’
‘‘This facility has prepared and will operate by an operation and maintenance
plan according to § 63.10896(a).’’
‘‘This facility has prepared and will operate by an emissions averaging plan according to § 63.10896(c).’’
‘‘This facility has prepared and will operate by a site-specific monitoring plan for
each bag leak detection system and submitted the plan to the Administrator for
approval according to § 63.10897(d)(2).’’
Each new or existing affected source subject to mercury
switch removal requirements in § 63.10885(b).
Each new or existing affected source subject to § 63.10886 ..
Each new or existing affected source subject to
§ 63.10895(a).
Each existing affected source subject to § 63.10895(b) ..........
Each new or existing affected source subject to 63.10896(a)
mstockstill on PROD1PC66 with PROPOSALS3
Each new or
§ 63.10896(c).
Each new or
§ 63.10897(d).
existing
affected
source
subject
to
existing
affected
source
subject
to
[FR Doc. E7–17972 Filed 9–14–07; 8:45 am]
BILLING CODE 6560–50–P
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Agencies
[Federal Register Volume 72, Number 179 (Monday, September 17, 2007)]
[Proposed Rules]
[Pages 52984-53011]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-17972]
[[Page 52983]]
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Part III
Environmental Protection Agency
-----------------------------------------------------------------------
40 CFR Part 63
National Emission Standards for Hazardous Air Pollutants for Iron and
Steel Foundries Area Sources; Proposed Rule
Federal Register / Vol. 72, No. 179 / Monday, September 17, 2007 /
Proposed Rules
[[Page 52984]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[EPA-HQ-OAR-2006-0359; FRL-8466-7]
RIN 2060-AM36
National Emission Standards for Hazardous Air Pollutants for Iron
and Steel Foundries Area Sources
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing national emission standards for hazardous air
pollutants for two area source categories (iron foundries and steel
foundries). The proposed requirements for the two area source
categories are combined in one subpart. The proposed rule establishes
different requirements for foundries based on size. Small iron and
steel foundries would be required to comply with pollution prevention
management practices for metallic scrap, the removal of mercury
switches, and binder formulations. Large iron and steel foundries would
be required to comply with the same pollution prevention management
practices as small foundries in addition to emissions limitations for
melting furnaces and foundry operations. EPA is also co-proposing two
alternatives. One alternative would set a higher size threshold for
large foundries. The second alternative proposes that all iron and
steel foundries comply with the pollution prevention management
practices for metallic scrap, the removal of mercury switches, and
binder formulations. The proposed standards reflect the generally
achievable control technology and/or management practices for each
subcategory.
DATES: Comments must be received on or before October 17, 2007, unless
a public hearing is requested by September 27, 2007. If a hearing is
requested on this proposed rule, written comments must be received by
November 1, 2007. Under the Paperwork Reduction Act, comments on the
information collection provisions must be received by OMB on or before
October 17, 2007.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2006-0359, by one of the following methods:
www.regulations.gov: Follow the on-line instructions for
submitting comments.
E-mail: a-and-r-Docket@epa.gov.
Fax: (202) 566-9744.
Mail: Area Source NESHAP for Iron and Steel Foundries
Docket, Environmental Protection Agency, Air and Radiation Docket and
Information Center, Mailcode: 2822T, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460. Please include a total of two copies. In
addition, please mail a copy of your comments on the information
collection provisions to the Office of Information and Regulatory
Affairs, Office of Management and Budget (OMB), Attn: Desk Officer for
EPA, 725 17th St., NW., Washington, DC 20503.
Hand Delivery: EPA Docket Center, Public Reading Room, EPA
West, Room 3334, 1301 Constitution Ave., NW., Washington, DC 20460.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2006-0359. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://www.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, 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 NESHAP for Iron and Steel
Foundries Area Sources Docket, at the EPA Docket and Information
Center, 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: Mr. Conrad Chin, 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) 541-1512; fax number: (919)
541-3207; e-mail address: chin.conrad@epa.gov.
SUPPLEMENTARY INFORMATION:
Outline. The information in this preamble is organized as follows:
I. General Information
A. Does this action apply to me?
B. What should I consider as I prepare my comments to EPA?
C. Where can I get a copy of this document?
D. When would a public hearing occur?
II. Background Information for This Proposed Rule
A. What is the statutory authority for NESHAP?
B. What area source categories are affected by the proposed
NESHAP?
C. What are the processes and emissions sources at iron and
steel foundries?
III. Summary of This Proposed Rule
A. What are the applicability provisions and compliance dates?
B. What emissions standards are in the form of pollution
prevention management practices?
C. What are the requirements for small iron and steel foundries?
D. What are the requirements for large iron and steel foundries?
IV. Rationale for This Proposed Rule
A. How did EPA subcategorize iron and steel foundries?
B. What is the performance of control technologies for metal
melting furnaces?
C. How did EPA determine the GACT requirements for metal HAP
from small iron and steel foundries?
D. How did EPA determine the GACT requirements for metal HAP
from large iron and steel foundries?
E. How did EPA determine the GACT requirements for organic HAP
from iron and steel foundries?
F. How did EPA select the proposed compliance requirements?
V. Summary of Impacts of This Proposed Rule
[[Page 52985]]
VI. Proposed Exemption From Title V Permit Requirements
VII. 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
I. General Information
A. Does this action apply to me?
The regulated category and entities potentially affected by this
proposed action include:
------------------------------------------------------------------------
Examples of regulated
Category NAICS code \1\ entities
------------------------------------------------------------------------
Industry...................... 331511........... Iron foundries. Iron
and steel plants.
Automotive and large
equipment
manufacturers.
331512........... Steel investment
foundries.
331513........... Steel foundries
(except investment).
------------------------------------------------------------------------
\1\ North American Industry Classification System.
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be affected by this
action. To determine whether your facility would be regulated by this
action, you should examine the applicability criteria in 40 CFR
63.10880 of subpart ZZZZZ (National Emission Standards for Hazardous
Air Pollutants for Iron and Steel Foundries Area Sources). If you have
any questions regarding the applicability of this action to a
particular entity, consult either the air permit authority for the
entity or your EPA regional representative as listed in 40 CFR 63.13 of
subpart A (General Provisions).
B. What should I consider as I prepare my comments to EPA?
Do not submit information containing CBI to EPA through
www.regulations.gov or e-mail. Send or deliver information identified
as CBI only to the following address: Roberto Morales, OAQPS Document
Control Officer (C404-02), Environmental Protection Agency, Office of
Air Quality Planning and Standards, Research Triangle Park, North
Carolina 27711, Attention Docket ID EPA-HQ-OAR-2006-0359. Clearly mark
the part or all of the information that you claim to be CBI. For CBI
information in a disk or CD ROM that you mail to EPA, mark the outside
of the disk or CD ROM as CBI and then identify electronically within
the disk or CD ROM the specific information that is claimed as CBI. In
addition to one complete version of the comment that includes
information claimed as CBI, a copy of the comment that does not contain
the information claimed as CBI must be submitted for inclusion in the
public docket. Information so marked will not be disclosed except in
accordance with procedures set forth in 40 CFR part 2.
C. Where can I get a copy of this document?
In addition to being available in the docket, an electronic copy of
this proposed action will also be available on the Worldwide Web (WWW)
through EPA's Technology Transfer Network (TTN). A copy of this
proposed action will be posted on the TTN's policy and guidance page
for newly proposed or promulgated rules at the following address:
https://www.epa.gov/ttn/oarpg/. The TTN provides information and
technology exchange in various areas of air pollution control.
D. When would a public hearing occur?
If anyone contacts EPA requesting to speak at a public hearing
concerning this proposed rule by September 27, 2007, we will hold a
public hearing on October 2, 2007. If you are interested in attending
the public hearing, contact Ms. Pamela Garrett at (919) 541-7966 to
verify that a hearing will be held. If a public hearing is held, it
will be held at 10 a.m. at the EPA's Environmental Research Center
Auditorium, Research Triangle Park, NC, or an alternate site nearby.
II. Background Information for This Proposed Rule
A. What is the statutory authority for NESHAP?
Section 112(d) of the Clean Air Act (CAA) requires us to establish
national emission standards for hazardous air pollutants (NESHAP) for
both major and area sources of hazardous air pollutants (HAP) that are
listed for regulation under CAA section 112(c). A major source emits or
has the potential to emit 10 tons per year (tpy) or more of any single
HAP or 25 tpy or more of any combination of HAP. An area source is a
stationary source that is not a major source.
Section 112(k)(3)(B) of the CAA calls for EPA to identify at least
30 air toxics that pose the greatest potential health threat in urban
areas, and section 112(c)(3) requires EPA to regulate the area source
categories that represent 90 percent of the emissions of the 30
``listed'' air toxics. We implement these requirements through the
Integrated Urban Air Toxics Strategy (64 FR 38715, July 19, 1999). A
primary goal of the Strategy is to achieve a 75 percent reduction in
cancer incidence attributable to HAP emitted from stationary sources.
We added iron foundries and steel foundries to the Integrated Urban
Air Toxics Strategy Area Source Category List on June 26, 2002 (67 FR
43113). The inclusion of these two source categories to the section
112(c)(3) area source category list is based on EPA's use of 1990 as
the baseline year for that listing. Both of these source categories
were listed as contributing a percentage of the total area source
emissions for the following ``urban'' HAP: Compounds of chromium, lead,
manganese, and nickel.
Under CAA section 112(d)(5), we may 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.''
Additional information on the definition of generally available control
technology (GACT) is found in the Senate report on the legislation
(Senate Report Number 101-228, December 20, 1989), which indicates GACT
means:
* * * methods, practices and techniques which are commercially
available and appropriate for application by the sources in the
category considering economic impacts and the technical capabilities
of the firms to operate and maintain the emissions control systems.
[[Page 52986]]
Consistent with the legislative history, we can consider costs and
economic impacts in determining GACT, which is particularly important
when developing regulations for source categories that may have few
establishments and many small businesses.
Determining what constitutes GACT involves considering the control
technologies and management practices that are generally available to
the area sources in the source category. We also consider the standards
applicable to major sources in the same industrial sector to determine
if the control technologies and management practices are transferable
and generally available to area sources. In appropriate circumstances,
we may also consider technologies and practices at area and major
sources in similar categories to determine whether such technologies
and practices could be considered generally available for the area
source category at issue. Finally, as noted above, in determining GACT
for a particular area source category, we consider the costs and
economic impacts of available control technologies and management
practices on that category.
Iron and steel foundries may emit small quantities of mercury
compounds, dioxins, and HAP organics from furnaces that melt scrap
containing tramp materials such as mercury switches and chlorinated
plastics. Organic HAP emissions also result from the use of binder and
coating formulations that contain HAP components. As a result, we are
proposing pollution prevention management practices for the control of
HAP (organics, metal compounds, and mercury) in the charge materials
used by iron and steel foundries. Another pollution prevention
management practice would require the use of non-methanol binder
formulations in certain applications. We are also proposing that
foundries keep a record of the annual quantity and composition of each
HAP-containing chemical binder or coating material used to make molds
and cores. These records may assist area source foundry owners or
operators in their pursuit of pollution prevention opportunities.
We are proposing these national emission standards in response to a
court-ordered deadline that requires EPA to issue standards for 10
source categories listed pursuant to section 112(c)(3) and (k) by
December 15, 2007 (Sierra Club v. U.S. Environmental Protection Agency,
no. 01-1537, D.D.C., March 2006). Other rulemakings will include
standards for the remaining source categories.
B. What area source categories are affected by the proposed NESHAP?
The Iron Foundries area source category includes any facility
engaged in the production of final shape castings from grades of iron.
The Steel Foundries area source category includes any facility engaged
in producing final shape steel castings by the melting, alloying, and
molding of pig iron and steel scrap. The proposed area source NESHAP
combines the requirements for both area source categories into one rule
because the processes are similar and many foundries produce both iron
and steel castings.
The U.S. Census Bureau industry statistics indicate that there were
1,015 ferrous foundries operating in the U.S. in 2002. In 1998, we
conducted a detailed survey of all known iron and steel foundries and
received responses from approximately 600 foundries. This list of 600
foundries was updated in 2006 based on information received from the
industry trade organization and through direct contact with foundry
owners and operators; numerous foundries closed between 1998 and 2006.
Based on this information, we have detailed, process-specific
information on approximately 510 iron and steel foundries that are
currently operating in the United States. Approximately 80 of these
facilities are major sources subject to the NESHAP for Iron and Steel
Foundries in 40 CFR part 63, subpart EEEEE. We have identified a total
of 427 iron and steel foundries that are area sources and for which we
have detailed data.
Based on a comparison of the Census Bureaus statistics, the
detailed industry survey responses, and the trends in the iron and
steel foundry industry, we estimate that there may be up to 300
additional iron and steel foundries operating in the United States for
which we do not have information regarding their process operations. We
expect that the vast majority of these foundries are small operations
with melt production less than 10,000 tpy.
Based on the updated industry database, area source iron and steel
foundries are located in 43 of the contiguous 48 States; 27 of these
States have at least 5 iron and steel foundries. The States that have
the greatest number of area source iron and steel foundries include
Ohio, Pennsylvania, Wisconsin, and California; each of these States has
more than 30 iron and steel foundries. A few of the States have
regulations for particulate matter (PM) that impact iron and steel
foundry operations. The State and local regulations often have a
sliding scale that allows small melting capacity furnaces to have much
higher PM emission per ton of metal melted than larger furnaces.
C. What are the processes and emissions sources at iron and steel
foundries?
Iron and steel foundries manufacture castings by pouring molten
iron or steel melted in a furnace into a mold of a desired shape. The
primary processing units of interest at iron and steel foundries,
because of their potential to generate metal HAP emissions, are metal
melting furnaces. HAP metal compounds may also be emitted from a
variety of ancillary sources at the foundry such as metal inoculation,
pouring, and grinding stations. Iron and steel foundries may also
release organic HAP from cooling and shakeout lines, mold and core
making lines, and mold and core coating lines, depending on the type of
molding system and chemical binders used.
There are three primary types of furnaces used to melt scrap metal
at iron and steel foundries--cupolas, electric arc furnaces (EAF), and
electric induction furnaces (EIF). Cupolas are used exclusively to
produce molten iron; EAF are used predominately to produce molten
steel, but are used at a few iron and steel foundries to produce molten
iron. EIF are used to produce either molten iron or molten steel.
Cupolas and EAF typically have larger melting capacities than EIF; the
vast majority of area source iron and steel foundries use EIF.
Cupolas are continuous blast furnaces. Almost all emissions from a
cupola are contained in the flow of air exiting the stack of the
furnace, which contains PM and organic compounds in addition to carbon
monoxide (CO). The metal HAP in PM emissions from cupolas are primarily
compounds of lead and manganese, with other HAP such as compounds of
cadmium, chromium, mercury, and nickel present in lesser amounts. These
HAP originate as impurities or trace elements in the scrap metal fed to
the furnace. Most cupolas control PM emissions by dedicated baghouses
or wet scrubbers.
EAF and EIF metal melting furnaces operate in batch mode; an
operating cycle consisting of charging, melting, backcharging (in some
cases), and tapping. PM emissions from EAF and EIF contain similar HAP
metal compounds as cupola furnaces, but may also contain significant
amounts of compounds of chromium or nickel if stainless steel or nickel
alloy castings are produced. Emissions from EIF are often uncontrolled,
but baghouses, cyclones, and wet scrubbers are used to control PM
emissions from EIF at
[[Page 52987]]
certain iron and steel foundries. PM emissions from EAF are typically
controlled by baghouses.
Other potential emission sources of HAP metals at iron and steel
foundries include inoculation, pouring, and grinding stations. The
total quantity of metal HAP emitted from these sources is small in
comparison with the emissions from the metal melting furnaces. Capture
and control of inoculation and pouring emissions are difficult due to
the need to access the molten metal during these operations.
Consequently, inoculation and pouring emissions are typically fugitive
emission sources within the foundry. Metal grinding typically generates
coarse PM emissions, which are often captured and controlled to improve
the workplace environment. This coarse PM does not pose a significant
air emission source, as these particles do not generally transport from
the foundry building.
The majority of organic HAP emissions from iron and steel foundry
operations are organic HAP contained in either chemical binder or
coating formulations that may partially evaporate or are otherwise
emitted during the chemical application process. Organic HAP are also
generated by incomplete combustion of organic material in the mold and
core sand, such as binder chemicals and seacoal, when molten metal
comes into contact with organic materials.
III. Summary of This Proposed Rule
This section presents a summary of the requirements of this
proposed rule and proposed regulatory alternatives. Additional details
and the rationale for the proposed requirements are provided in section
IV of this preamble.
A. What are the applicability provisions and compliance dates?
The NESHAP would apply to each new and existing iron and steel
foundry that is an area source. The compliance dates for existing area
source standards would depend on whether the foundry is determined to
be small or large. We are proposing to define a ``small iron and steel
foundry'' as an iron and steel foundry that has an annual metal melt
production of 10,000 tons or less. An iron and steel foundry that has
an annual metal melt production greater than 10,000 tons would be
classified as a large foundry.
Each foundry would determine its initial classification as a small
or large foundry using production data for calendar year 2008. All
foundries would be required to comply with the pollution prevention
management practices for metallic scrap, removal of mercury switches,
and binder formulations no later than 1 year after the date of
publication of the final rule in the Federal Register. A large foundry
would be required to comply with applicable emissions limitations and
operation and maintenance requirements no later than 2 years after
initial classification.\1\ The owner or operator of a new area source
foundry would be required to comply with the rule requirements by the
date of publication of the final rule in the Federal Register or upon
startup, whichever is later.
---------------------------------------------------------------------------
\1\ If additional time is needed to install controls, the owner
or operator of an existing source can, pursuant to 40 CFR
63.6(i)(4), request from the permitting authority up to a 1-year
extension of the compliance date. See CAA section 112(i)(3)(B).
---------------------------------------------------------------------------
After the initial classification, a small foundry that exceeds the
10,000 ton annual production threshold during the preceding calendar
year must notify the Administrator and comply with the applicable
requirements for a large foundry within 2 years. For example, if a
small foundry produces more than 10,000 tons of melted metal from
January 1 through December 31, 2009, that foundry would be required to
comply with the requirements for a large foundry by January 2012. If a
facility is initially classified as a large foundry (or a small foundry
becomes a large foundry), that facility must meet the applicable
requirements for a large foundry for at least 3 years, even if its
annual production falls below 10,000 tons of melted metal. After 3
years, the foundry may reclassify the facility as a small foundry
provided the annual production for the preceding calendar year was
10,000 tons of melted metal or less. A large foundry that becomes small
must notify the Administrator and comply with the applicable
requirements for small foundries immediately. If a large foundry
becomes small and then its production exceeds 10,000 for a subsequent
calendar year, the foundry must notify the Administrator and comply
with the applicable requirements for large foundries immediately.
We are also co-proposing an alternative plant size threshold that
would define a ``small iron and steel foundry'' as an iron and steel
foundry that has an annual metal melt production of 15,000 tons or
less. An iron and steel foundry that has an annual metal melt
production greater than 15,000 tons would be classified as a large
foundry. The proposed rule requirements under this alternative plant
size threshold would not differ from the proposed rule requirements
described above.
B. What emissions standards are in the form of pollution prevention
management practices?
1. Metallic Scrap
The proposed material specification requirements are based on
pollution prevention and require removal of HAP-generating materials
from metallic scrap before melting. All foundries would prepare and
operate according to written material specifications for one of two
equivalent compliance options.
One compliance option would require foundries to prepare and
operate pursuant to written material specifications for the purchase
and use of only metal ingots, pig iron, slitter, or other materials
that do not include metallic scrap from motor vehicle bodies, engine
blocks, oil filters, oily turnings, lead components, chlorinated
plastics, or free liquids. The term ``free liquids'' is defined as
material that fails the paint filter test by EPA Method 9095B
(incorporated by reference--see 40 CFR 63.14) in EPA Publication SW-
846, ``Test Methods for Evaluating Solid Waste, Physical/Chemical
Methods''.
The second compliance option would require foundries to prepare and
operate pursuant to written material specifications for the purchase
and use of scrap that has been depleted (to the extent practicable) of
organics and HAP metals in the charge materials used by the foundry.
For scrap charged to a scrap preheater or metal melting furnace that is
not equipped with an afterburner, the materials specifications must
include requirements for metal scrap to be depleted (to the extent
practicable) of used oil filters, chlorinated plastic parts, accessible
lead-containing components, and free liquids. For scrap charged to a
cupola metal melting furnace that is equipped with an afterburner, the
material specifications must include requirements for metal scrap to be
depleted (to the extent practicable) of chlorinated plastics,
accessible lead-containing components, and free liquids.
Either material specification option will achieve a similar HAP
reduction impact. Foundries may have certain scrap subject to one
option and other scrap subject to another option provided the metallic
scrap remains segregated until charge make-up.
2. Mercury Switch Removal
The proposed standards for mercury are based on pollution
prevention and require a foundry owner or operator who melts scrap from
motor vehicles
[[Page 52988]]
either to purchase (or otherwise obtain) the motor vehicle scrap only
from scrap providers participating in an EPA-approved program for the
removal of mercury switches or to fulfill the alternative requirements
described below. Foundries participating in an approved program must
maintain records identifying each scrap provider and documenting the
scrap provider's participation in the EPA-approved mercury switch
removal program. A proposed equivalent compliance option is for the
foundry to prepare and operate pursuant to an EPA-approved site-
specific plan that includes specifications to the scrap provider that
mercury switches must be removed from motor vehicle bodies at an
efficiency comparable to that of the EPA-approved mercury switch
removal program (see below). An equivalent compliance option is
provided for facilities that do not use motor vehicle scrap that
contains mercury switches.
We expect most facilities that use motor vehicle scrap will choose
to comply by purchasing motor vehicle scrap only from scrap providers
who participate in a program for removal of mercury switches that has
been approved by the Administrator. The National Vehicle Mercury Switch
Recovery Program (NVMSRP) \2\ would be an approved program under this
proposed standard. Facilities choosing to use the NVMSRP as a
compliance option would have to assume all of the responsibilities for
steelmakers as described in the Memorandum of Understanding.
---------------------------------------------------------------------------
\2\ For details see: https://www.epa.gov/mercury/switch.htm. In
particular, see the signed Memorandum of Understanding.
---------------------------------------------------------------------------
Foundries could also obtain scrap from scrap providers
participating in other programs. To do so, the facility owner or
operator would have to submit a request to the Administrator for
approval to comply by purchasing scrap from scrap providers that are
participating in another switch removal program and demonstrate to the
Administrator's satisfaction that the program meets the following
specified criteria: (1) There is an outreach program that informs
automobile dismantlers of the need for removal of mercury switches and
provides training and guidance on switch removal, (2) the program has a
goal for the removal of at least 80 percent of the mercury switches,
and (3) the program sponsor must submit annual progress reports on the
number of switches removed and the estimated number of motor vehicle
bodies processed (from which a percentage of switches removed is easily
derivable).
Facilities that purchase motor vehicle scrap from scrap providers
that do not participate in an EPA-approved mercury switch removal
program would have to prepare and operate pursuant to and in
conformance with a site-specific plan for the removal of mercury
switches, and the plan must include provisions for obtaining assurance
from scrap providers that mercury switches have been removed. The plan
would be submitted to the Administrator for approval and would
demonstrate how the facility will comply with specific requirements
that include: (1) A means of communicating to scrap purchasers and
scrap providers the need to obtain or provide motor vehicle scrap from
which mercury switches have been removed and the need to ensure the
proper disposal of the mercury switches, (2) provisions for obtaining
assurance from scrap providers that motor vehicle scrap provided to the
facility meets the scrap specifications, (3) provisions for periodic
inspection, site visits, or other means of corroboration to ensure that
scrap providers and dismantlers are implementing appropriate steps to
minimize the presence of mercury switches in motor vehicle scrap, (4)
provisions for taking corrective actions if needed, and (5) requiring
each motor vehicle scrap provider to provide an estimate of the number
of mercury switches removed from motor vehicle scrap sent to the
facility during the previous year and the basis for the estimate. The
Administrator would be able to request documentation or additional
information from the owner or operator at any time. The site-specific
plan must establish a goal for the removal of at least 80 percent of
the mercury switches. All documented and verifiable mercury-containing
components removed from motor vehicle scrap would count towards the 80
percent goal.
An equivalent compliance option would be provided for foundries
that do not utilize motor vehicle scrap that contains mercury. The
option would require the facility to certify that the only materials
they are charging from motor vehicle scrap are materials recovered for
their specialty alloy content, such as chromium in certain exhaust
systems, and these materials are known not to contain mercury.
Records would be required to document conformance with the material
specifications for metallic scrap, restricted scrap, and mercury
switches. Each foundry would be required to submit semiannual reports
that clearly identify any deviation from the scrap management
requirements. These reports can be submitted as part of the semiannual
reports required by 40 CFR 63.10 of the general provisions.
3. Binder Formulations
For each furfuryl alcohol warm box mold or core making line, new
and existing foundries would be required to use a binder chemical
formulation that does not use methanol as a specific ingredient of the
catalyst formulation. This requirement would not apply to the resin
portion of the binder system. This proposed rule includes recordkeeping
requirements to document conformance with this requirement.
C. What are the requirements for small iron and steel foundries?
This proposed rule requires small iron and steel foundries to
comply with the pollution prevention management practices for metallic
scrap, mercury switches, and binder formulations described above. The
owner or operator would be required to submit an initial notification
of applicability no later than 120 calendar days after the final rule
is published in the Federal Register (or within 120 days after the
foundry becomes subject to the standard; see 40 CFR 63.9(b)(2)). The
foundry would also be required to submit an initial written
notification to the Administrator that identifies their facility as a
small (or large) foundry; this notification would be due no later than
1 year after the date of publication of the final rule in the Federal
Register. Subsequent notifications would be required within 30 days for
a change in process or operations that reclassifies the status of the
facility and its compliance obligations. A small foundry would also be
required to submit a notification of compliance status according to the
requirements in 40 CFR 63.9(h) of the General Provisions (40 CFR part
63, subpart A). The notification of compliance status would include
certifications of compliance for the pollution prevention management
practices. This proposed rule also requires small foundries to keep
records of monthly metal melt production and report any deviation from
the pollution prevention management practices in the semiannual report
required by 40 CFR 63.10 of the NESHAP general provisions.
We are also proposing to require small foundries to keep a record
of the annual quantity and composition of each HAP-containing chemical
binder or coating material used to make molds and cores. These records
must be copies of
[[Page 52989]]
purchasing records, Material Data Safety Sheets, or other documentation
that provide information on binder materials. The purpose of this
requirement is to encourage foundries to investigate and use nonHAP
binder and coating materials wherever feasible.
D. What are the requirements for large iron and steel foundries?
This proposed NESHAP requires large iron and steel foundries to
comply with the pollution prevention management practices described in
section III.B of this preamble. In addition, large iron and steel
foundries would be required to operate capture and collection systems
for metal melting furnaces and comply with emissions limitations,
operation and maintenance, monitoring, testing, and recordkeeping and
reporting requirements. We are also co-proposing an alternative under
which we would not subcategorize between large and small foundries.
Under this alternative, all foundries would be required to comply with
the pollution prevention management practices described in section
III.B of this preamble, but no foundries would be subject to the
requirements described in section III.D of this preamble, such as the
requirements for capture and collection systems, emissions limitations,
and associated monitoring, recordkeeping, and reporting.
1. Emissions Limitations
Large foundries would be required to comply with emissions limits
for metal melting furnaces. A metal melting furnace includes cupolas,
EAF, EIF, or other similar devices (excluding holding furnaces, argon
oxygen decarburization vessels, or ladles that receive molten metal
from a metal melting furnace, to which metal ingots or other materials
may be added to adjust the metal chemistry). The proposed emissions
limits for metal melting furnaces are:
0.8 pounds of PM per ton of metal melted (lb/ton of PM) or
0.06 pounds of total metal HAP per ton of metal melted (lb/ton of total
metal HAP) for each metal melting furnace at an existing iron and steel
foundry.
0.1 lb/ton of PM or 0.008 lb/ton of total metal HAP for
each metal melting furnace at a new iron and steel foundry.
The owner or operator of a foundry may choose to comply with these
emissions limits utilizing emissions averaging as specified in this
proposed rule so that the production-weighted average emissions from
all metal melting furnaces at the foundry for any calendar month meet
the applicable emissions limit.
Operating parameter limits would apply to the control device
applied to emissions from a metal melting furnace. For a wet scrubber,
a foundry would maintain the 3-hour average pressure drop and scrubber
water flow rate at or above the minimum levels established during the
initial or subsequent performance test. For an electrostatic
precipitator, a foundry would maintain the voltage and secondary
current (or total power input) to the control device at or above the
level established during the initial or subsequent performance test.
For a baghouse, a foundry would maintain the pressure drop across each
baghouse cell within the range established during the initial or
subsequent performance test.
The proposed NESHAP also includes a fugitive emissions opacity
limit of 20 percent for each building or structure housing iron and
steel foundry operations. Foundry operations covered by the fugitive
emissions opacity limit would include all process equipment and
practices used to produce metal castings for shipment including mold or
core making and coating; scrap handling and preheating; metal melting
and inoculation; pouring, cooling, and shakeout; shotblasting, grinding
and other metal finishing operations; and sand handling.
2. Operation and Maintenance Requirements
The owner or operator would be required to prepare and operate by
an operation and maintenance (O&M) plan for each control device used to
comply with the standards. Any other O&M, preventative maintenance, or
similar plan which satisfies the specified requirements could be used
to comply with the requirements for an O&M plan.
3. Monitoring Requirements
We are proposing that large iron and steel foundries install and
operate continuous parameter monitoring systems (CPMS) to measure and
record operating parameters of wet scrubbers used to comply with PM or
total metal HAP emissions limit. For electrostatic precipitators, the
owner or operator may measure and record the voltage and secondary
current (or total power input) using a CPMS or manually record the
parameter(s) at least once a shift. For baghouses, the owner or
operator of an existing foundry would conduct periodic baghouse
inspections and manually check and record the pressure drop across each
baghouse cell at least once a day or measure and record the pressure
drop using a CPMS. All CPMS would be operated and maintained according
to the O&M plan.
As an alternative means of compliance, the owner or operator of an
existing area source can use a bag leak detection system to demonstrate
continuous compliance with a PM or total metal HAP emissions limit. Bag
leak detection systems are required for positive or negative pressure
baghouses at a new area source foundry. If a bag leak detection system
is used, the owner or operator must prepare and operate pursuant to a
monitoring plan for each bag leak detection system; specific
requirements for the plan are included in this proposed rule. 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, National
Technical Information Service (NTIS) publication number PB98164676.
This document is available from the NTIS, 5385 Port Royal Road,
Springfield, VA 22161.
Monthly inspections of the equipment that is important to the
performance of the capture system are also required. The owner or
operator must repair any defect or deficiency in the capture system
before the next scheduled inspection and record the results of each
inspection and the date of any repair.
If a large foundry complies with the emissions limits for furnaces
using emissions averaging, the proposed NESHAP requires the owner or
operator to demonstrate compliance on a monthly basis. The facility
would determine the weighted average emissions from all metal melting
furnaces at the foundry using an equation included in this proposed
rule. The owner or operator would maintain records of the monthly
calculations and report any exceedance in the semiannual report.
4. Performance Tests
We propose that each large foundry conduct a performance test to
demonstrate initial compliance with the PM or total metal HAP emissions
limit and the opacity limit for fugitive emissions within 180 days of
promulgation and submit the results in the notification of compliance
status. In lieu of conducting an initial performance test to
demonstrate compliance with the applicable PM or total metal HAP limit
for metal melting furnaces, the owner or operator of an existing
foundry would be allowed to submit the results of a previous
performance test provided the test was conducted within the last 5
years using the methods and procedures specified
[[Page 52990]]
in the rule and either no process changes have been made since the
test, or the test results reliably demonstrate compliance despite
process changes. If the owner or operator does not have a previous
performance test that meets the rule requirements, a test must be
conducted within 180 days of the compliance date. Performance tests
would be required for all new area source foundries. Subsequent tests
for furnaces would be required every 5 years and each time an operating
limit is changed or a process change occurs that is likely to increase
metal HAP emissions from the furnace. Provisions are included in this
proposed rule for determining compliance with PM or total metal HAP
emissions limits in a lb/ton of metal melted format and for
establishing control device operating parameter limits. This proposed
rule also includes requirements to perform visual opacity testing every
6 months. This proposed rule describes the methods and requirements for
these semiannual opacity observations.
5. Recordkeeping and Reporting Requirements
The owner or operator would be required to submit an initial
notification that identifies the facility as a large (or small)
foundry. In addition, the owner or operator would be required to comply
with certain requirements of the General Provisions (40 CFR part 63,
subpart A), which are identified in Table 3 of this proposed rule. The
General Provisions include specific requirements for notifications,
recordkeeping, and reporting, including provisions for a startup,
shutdown, and malfunction plan/reports required by 40 CFR 63.6(e). In
addition to the records required by 40 CFR 63.10, all foundries would
be required to maintain records to document conformance with the
pollution prevention management practice emissions standards for
metallic scrap, mercury switch removal, and binder formulations as well
as to maintain records of annual melt production and corrective
action(s). Large foundries must also prepare and operate according to
the O&M plan and record monthly compliance calculations for metal
melting furnaces that comply using emissions averaging, if applicable.
The owner or operator would submit semiannual reports that provide
summary information on excursions or exceedances (including the
corrective action taken), monitor downtime incidents, and deviations
from management practices or O&M requirements according to the
requirements in 40 CFR 63.10.
We are also proposing to require all foundries to keep a record of
the annual quantity and composition of each HAP-containing chemical
binder or coating material used to make molds and cores. These records
must be copies of purchasing records, Material Data Safety Sheets, or
other documentation that provide information on binder materials. The
purpose of this requirement, among other things, is to encourage
foundries to investigate and use nonHAP binder and coating materials
wherever feasible.
IV. Rationale for This Proposed Rule
A. How did EPA subcategorize iron and steel foundries?
As part of the GACT analysis, we considered whether there were
differences in processes, sizes, or other factors affecting emissions
and control technologies that would warrant subcategorization. Under
section 112(d)(1) of the CAA, EPA ``may distinguish among classes,
types, and sizes within a source category or subcategory in
establishing such standards * * *''. In our review of the available
data, we observed significant differences between iron and steel
foundries based on the total melt production capacities of the foundry.
For example, foundries with melt production quantities of 10,000 tpy or
less represented over 70 percent of the facilities, but only 25 percent
of the nationwide emissions. Small foundries are much more likely to
use EIF; 77 percent of all area source EIF are at foundries with
production of 10,000 tpy or less. On the other hand, only 37 percent of
the cupolas and 28 percent of the EAF at area sources are at foundries
with production of 10,000 tpy or less. Based on these differences, we
determined that subcategorization of iron and steel foundries by size
was justified.
We evaluated the impacts of requiring all metal melting furnaces to
operate with either a wet scrubber or baghouse control system. Under
this scenario, foundries with melt capacities of 10,000 tpy or less
incurred 74 percent of the annualized control costs and represented
over 99 percent of the foundries with annualized costs that exceeded 3
percent of sales; however, these foundries represented only 31 percent
of the air emission reductions. We also evaluated the relative
proportion of costs and emission reductions at size thresholds of
5,000, 15,000, and 20,000 tpy melting capacity. At lower capacity
thresholds, the control costs for foundries above the threshold
increased significantly while the emission reductions increased only
slightly. At higher capacity thresholds, the control costs for
foundries above the threshold decreased but the emissions reductions
also decreased significantly. Detailed information about the costs and
emission reductions at these other size thresholds is available in the
docket (EPA-HQ-OAR-2006-0359). In light of the relative emissions
reductions and costs for various thresholds, we determined that a
10,000 tpy facility-wide melting capacity was the appropriate threshold
for subcategorizing large and small foundries.
Consequently, we are proposing to subcategorize the iron and steel
foundry industry into ``small'' and ``large'' foundries. A ``small iron
and steel foundry'' would be defined as an iron and steel foundry that
has an annual melt production of 10,000 tpy or less. A ``large iron and
steel foundry'' would be defined as an iron and steel foundry that has
an annual melt production greater than 10,000 tpy. It should be noted
that this designation of small and large foundries is in no way related
to the definition of ``small entity'' under the Regulatory Flexibility
Act. Furthermore, the term ``large'' is relative; large area source
foundries may be quite small compared to foundries that are subject to
the major source rule (40 CFR part 63, subpart EEEEE).
In light of limits on our information about costs, HAP emissions
reductions, and foundry operations, EPA is evaluating whether, and how,
to subcategorize the source categories, and what GACT is for the source
categories or subcategories. Therefore, EPA is co-proposing two
alternatives along with the 10,000 tpy threshold for large foundries.
Under the first alternative, the threshold for large foundries would be
set at 15,000 tpy. Under the second alternative, there would be no
subcategorization, and all sources would be required to comply with the
pollution prevention management practices described in section III.B of
this preamble.
We also evaluated the different types of furnaces and are
considering subcategorization based on furnace type. As the different
types of melting furnaces operate differently and have their own
emission characteristics, subcategorization by the type of furnace
would also be justified. We subcategorized by furnace type when we
promulgated the major source Iron and Steel Foundries NESHAP (40 CFR
part 63 subpart EEEEE). EAF and cupolas tend to be used at the larger
foundries, whereas EIF are prevalent at the smaller foundries.
Additionally, EAF and
[[Page 52991]]
cupolas tend to have higher melting capacities than EIF, especially at
the larger foundries. For example, 88 percent of all cupolas and EAF at
foundries with melt production greater than 10,000 tpy have metal
melting capacities of 4 tons per hour (tph) or greater, whereas only 36
percent of EIF at these large foundries have metal melting capacity of
4 tph or greater. Based on the abundance of very small EIF melting
furnaces, even at large foundries, we are also considering
subcategorizing the EIF metal melting furnaces into ``low capacity
EIF'' and ``high capacity EIF.'' High capacity EIF would be subject to
requirements similar to the large foundry requirements in section III.D
of this preamble, and low capacity EIF would be treated similarly to
small foundries under this proposal. The threshold for classification
as a high capacity EIF would be 4 or 5 tph.
We request comment, along with supporting documentation, on these
and other possible alternative subcategories based on plant size or
furnace type. Supporting documentation must be provided in sufficient
detail to allow characterization of the quality and representativeness
of the data. We specifically request comment on the appropriateness of
using a 5,000, 10,000, 15,000, or 20,000 tpy melting capacity as the
plant size threshold for subcategorization. We also request comment on
subcategorizing the melting furnaces by furnace type and size.
Specifically, we request comment along with supporting documentation on
subcategorizing EIF into low and high capacity furnaces using either a
4 or 5 tph melting capacity threshold. Based on the comments received,
we may elect to subcategorize between large and small iron and steel
foundries, between furnaces using alternative size thresholds, a
combination of foundry size and furnace type, or we may elect not to
subcategorize at all.
B. What is the performance of control technologies for metal melting
furnaces?
Facility-specific and process-specific data were available for iron
and steel foundries from a survey of the industry conducted in 1998. A
total of 595 survey responses were originally received; the responses
included the types of process units used at each foundry, the type of
control device used for each process, and key design parameters of the
processes and control systems. These data were updated based on
additional data collected through direct facility contacts and through
information provided by the industry trade organizations. After
updating the data base, we have detailed information for 427 iron and
steel foundries that are currently operating and that are area sources
(i.e., that are not subject to the NESHAP for Iron and Steel Foundries
in 40 CFR part 63, subpart EEEEE, which applies to major sources).
Although this data base likely does not include every foundry in the
United States, it includes a significant majority of the foundries,
especially those foundries with melt production quantities of 5,000 tpy
or more, and we believe it is reasonably representative of the
industry's current practices and controls.
In addition to the process design information, we requested
foundries that had conducted emissions tests on their foundry processes
and/or control systems to submit the source test results and supporting
information. Performance data were available for over 70 furnaces.
Although most of these data are for larger (often major source) iron
and steel foundries, these data provide a reasonable basis for
assessing the performance of various control approaches for metal
melting furnaces.
Metal HAP compounds from iron and steel foundries are emitted
primarily from metal melting furnaces. These metal HAP compounds are
released as filterable PM emissions, and conventional PM control
systems can be used to significantly reduce the metal HAP emissions
from iron and steel foundries. Fabric filters (baghouses or cartridge
filters) and wet scrubbers are the predominant technologies used to
control PM from metal melting furnaces. Fabric filter systems generally
achieve higher PM emissions reductions than wet scrubbers, as applied
in the iron and steel foundry industry. Fabric filter systems generally
achieve 98 to 99.9 percent control efficiency. PM wet scrubbers as used
in the iron and steel foundry industry are typically venturi-type wet
scrubbers that achieve a PM reduction efficiency of 85 to 95 percent.
Electrostatic precipitators and cyclone separators are also used at
some iron and steel foundry operations to control metal melting furnace
emissions. We have test data for only one ESP; its performance is
comparable to the performance of wet scrubbers. Cyclone separators are
used in limited applications, primarily for EIF; emission reduction
efficiencies of cyclone separators are expected to be between 40 and 70
percent.
Our review of the emissions test data for metal melting furnaces
showed that although the different types of melting furnaces have
widely different uncontrolled emissions, the controlled emissions from
the different types of metal melting furnaces were consistent between
the different types of furnaces when expressed in terms of pounds of PM
emitted per ton of metal charged (lb/ton). After considering the
control technologies in use at area source foundries, we considered
setting an emission limit at 0.8 or 0.3 lb/ton of PM (see section IV.D
of this preamble for our analysis of these emission limit options). The
0.8 lb/ton of PM limit is based on the performance of a well-designed
and operated wet scrubber system at area source iron and steel
foundries, taking into account process and control system variability.
The 0.3 lb/ton of PM limit is based on the performance of a reasonably-
designed and operated fabric filter control system at area source iron
and steel foundries, taking into account process and control system
variability. For new sources, we also considered a PM emission limit of
0.1 lb/ton based on the performance of the best fabric filter control
systems at existing large area source iron and steel foundries, taking
into account process and control system variability.
In addition to these control options that are based on add-on
control systems, we identified scrap management practices as a
potential means of reducing HAP emissions from the metal melting
furnaces. This is a pollution prevention measure that can either be
applied in conjunction with add-on controls or be applied when no add-
on controls are used. By reducing the amount of tramp metals and other
materials in the scrap feed to the furnace, emissions of both metal HAP
compounds and organic HAP can be reduced. However, it should be noted
that the emissions reductions achievable by implementing scrap
management as the primary HAP reduction activity are not as great as
when applied in conjunction with add-on controls.
C. How did EPA determine the GACT requirements for metal HAP from small
iron and steel foundries?
Based on the considerations of what constitutes GACT as described
in section II.A of this preamble, we identified and evaluated three
emissions control options for small iron and steel foundries. Option 1
is the use of scrap management practices alone. Option 2 is the use of
a management system that includes scrap management practices and
developing and implementing operation and maintenance plans, and
meeting building opacity limits. Thus, Option 2 is aimed at reducing
emissions of ancillary sources at the iron and steel foundry in
addition to the metal melting furnaces. Option 3 is the enhanced
management system in conjunction with
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a PM emissions limit of 0.8 lb/ton for the metal melting furnaces.
Table 1 of this preamble summarizes the impacts of these candidate
control options for iron and steel foundries having a production
capacity of 10,000 tpy or less.
Table 1.--National Impacts of GACT Options for Existing Iron and Steel Foundries With Annual Melt Production of
10,000 tpy or Less \1\
----------------------------------------------------------------------------------------------------------------
Cost effectiveness ($/ton Number of
Total Total Emissions PM) foundries
Option capital annual reduction, ----------------------------- impacted
cost, $ cost, $/yr (tons PM/ greater than
(millions) (millions) yr) Overall Incremental 3% of revenues
----------------------------------------------------------------------------------------------------------------
(A) Impacts in terms of metal HAP emissions reduction
----------------------------------------------------------------------------------------------------------------
1........................... ........... 0.19 0.75 250,000 .............. 0
2........................... ........... 0.50 1.35 370,000 520,000 8
3........................... 135 29.3 22.6 1,300,000 1,400,000 148
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Cost effectiveness ($/ton Number of
Total Total Emission mental HAO) foundaries
Option capital annual reductions, ----------------------------- impacted
cost, $ cost, $/yr (tons metal greater than
(millions) (millions) HAP/year) Overall Incremental 3% of revenues
----------------------------------------------------------------------------------------------------------------
(B) Impacts in terms of PM emissions reduction
----------------------------------------------------------------------------------------------------------------
1........................... ........... 0.19 16 12,000 .............. 0
2........................... ........... 0.50 36 14,000 16,000 8
3........................... 135 29.3 480 61,000 65,000 148
----------------------------------------------------------------------------------------------------------------
\1\ Costs are in 2005 dollars.
The results for Option 3, as presented in Table 1 of this preamble,
indicate that add-on controls are not cost-effective and impose undue
economic burden for the small iron and steel foundry subcategory. While
the cost-effectiveness values for the two management practice options
are similar, eight foundries (all of which are small entities) have
cost impacts greater than 3 percent of their revenue under Option 2.
Although not presented in Table 1 of this preamble, the management
practices represented by Option 2 also impose compliance costs that are
between 1 and 3 percent of sales for an additional 13 iron and steel
foundries, whereas the scrap management practices represented by Option
1 do not result in any impacts that exceed 1 percent of revenue.
Furthermore, the PM emitted from the ancillary sources has lower
content of HAP metal compounds than the PM associated with the metal
melting furnaces. Therefore, the management practices in Option 2 are
relatively less effective at reducing emissions