Revision of Source Category List for Standards Under Section 112(k) of the Clean Air Act; National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Aluminum, Copper, and Other Nonferrous Foundries, 30366-30399 [E9-14613]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 74, Number 121 (Thursday, June 25, 2009)]
[Rules and Regulations]
[Pages 30366-30399]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-14613]



[[Page 30365]]

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Part II





Environmental Protection Agency





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40 CFR Part 63



Revision of Source Category List for Standards Under Section 112(k) of 
the Clean Air Act; National Emission Standards for Hazardous Air 
Pollutants: Area Source Standards for Aluminum, Copper, and Other 
Nonferrous Foundries; Final Rule

Federal Register / Vol. 74, No. 121 / Thursday, June 25, 2009 / Rules 
and Regulations

[[Page 30366]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2008-0236; FRL-8920-9]
RIN 2060-AO93


Revision of Source Category List for Standards Under Section 
112(k) of the Clean Air Act; National Emission Standards for Hazardous 
Air Pollutants: Area Source Standards for Aluminum, Copper, and Other 
Nonferrous Foundries

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is revising the area source category list by changing the 
name of the ``Secondary Aluminum Production'' category to ``Aluminum 
Foundries'' and the ``Nonferrous Foundries, not elsewhere classified 
(nec)'' category to ``Other Nonferrous Foundries.'' At the same time, 
EPA is issuing final national emission standards for the Aluminum 
Foundries, Copper Foundries, and Other Nonferrous Foundries area source 
categories. These final emission standards for new and existing sources 
reflect EPA's determination regarding the generally available control 
technologies or management practices (GACT) for each of the three area 
source categories.

DATES: The final rule is effective on June 25, 2009. The incorporation 
by reference of certain publications listed in this rule is effective 
as of June 25, 2009.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-HQ-OAR-2008-0236. All documents in the docket are listed in the 
Federal Docket Management System index at https://www.regulations.gov. 
Although listed in the index, some information is not publicly 
available (e.g., confidential business information (CBI) or other 
information whose disclosure is restricted by statute). Certain other 
material, such as copyrighted material, will be publicly available only 
in hard copy form. Publicly available docket materials are available 
either electronically through https://www.regulations.gov or in hard 
copy at the EPA Docket Center, Public Reading Room, EPA West, Room 
3334, 1301 Constitution Ave., NW., Washington, DC. The Public Reading 
Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, 
excluding legal holidays. The telephone number for the Public Reading 
Room is (202) 566-1744, and the telephone number for the Air Docket is 
(202) 566-1742.

FOR FURTHER INFORMATION CONTACT: For questions about the final 
standards for aluminum foundries, contact Mr. David Cole, Office of Air 
Quality Planning and Standards, Outreach and Information Division, 
Regulatory Development and Policy Analysis Group (C404-05), 
Environmental Protection Agency, Research Triangle Park, NC 27711; 
Telephone Number: (919) 541-5565; Fax Number: (919) 541-0242; E-mail 
address: Cole.David@epa.gov. For questions about the final standards 
for copper foundries and other nonferrous foundries, contact Mr. Gary 
Blais, Office of Air Quality Planning and Standards, Outreach and 
Information Division, Regulatory Development and Policy Analysis Group 
(C404-05), Environmental Protection Agency, Research Triangle Park, NC 
27711; Telephone Number: (919) 541-3223; Fax Number: (919) 541-0242; E-
mail address: Blais.Gary@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. Where Can I Get a Copy of This Document?
    C. Judicial Review
II. Background Information for This Final Rule
III. Revision to the Source Category List
IV. Summary of Changes Since Proposal
V. Summary of Final Standards
    A. Is My Foundry Subject to This Subpart?
    B. Do These Standards Apply to My Source?
    C. When Must I Comply With These Standards?
    D. What Are the Final Standards?
    E. What Are the Testing and Monitoring Requirements?
    F. What Are the Notification, Recordkeeping, and Reporting 
Requirements?
    G. What Are the Title V Permit Requirements?
VI. Summary of Comments and Responses
    A. GACT Issues
    B. The Source Category Designation
    C. Subcategorization and Applicability Issues
    D. Management Practices
    E. Definitions
    F. Monitoring, Reporting and Recordkeeping
    G. Testing Requirements
    H. Exemption From Title V Permitting Requirements
    I. Miscellaneous
VII. Impacts of the Final Standards
VIII. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer Advancement Act
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    K. Congressional Review Act

I. General Information

A. Does This Action Apply to Me?

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

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                 Category                  NAICS code \1\              Examples of regulated entities
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Industry:
    Aluminum Foundries...................          331524  Area source facilities that pour molten aluminum into
                                                            molds to manufacture aluminum castings (excluding
                                                            die casting).
    Copper Foundries.....................          331525  Area source facilities that pour molten copper and
                                                            copper-based alloys (e.g., brass, bronze) into molds
                                                            to manufacture copper and copper-based alloy
                                                            castings (excluding die casting).
    Other Nonferrous Foundries...........          331528  Area source facilities that pour molten nonferrous
                                                            metals (except aluminum and copper) into molds to
                                                            manufacture nonferrous castings (excluding die
                                                            casting). Establishments in this industry purchase
                                                            nonferrous metals, such as nickel, zinc, and
                                                            magnesium that are made in other establishments.
----------------------------------------------------------------------------------------------------------------
\1\ North American Industry Classification System.


[[Page 30367]]

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be affected by this 
action. To determine whether your facility is regulated by this action, 
you should examine the applicability criteria in 40 CFR 63.11544 of 
subpart ZZZZZZ (National Emission Standards for Hazardous Air 
Pollutants: Area Source Standards for Aluminum, Copper, and Other 
Nonferrous Foundries). If you have any questions regarding the 
applicability of this action to a particular entity, consult either the 
air permit authority for the entity or your EPA Regional 
representative, as listed in 40 CFR 63.13 of subpart A (General 
Provisions).

B. Where Can I Get a Copy of This Document?

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

C. Judicial Review

    Under section 307(b)(1) of the Clean Air Act (CAA), judicial review 
of this final rule is available only by filing a petition for review in 
the United States Court of Appeals for the District of Columbia Circuit 
by August 24, 2009. Under section 307(b)(2) of the CAA, the 
requirements established by this final rule may not be challenged 
separately in any civil or criminal proceedings brought by EPA to 
enforce these requirements.
    Section 307(d)(7)(B) of the CAA further provides that ``[o]nly an 
objection to a rule or procedure which was raised with reasonable 
specificity during the period for public comment (including any public 
hearing) may be raised during judicial review.'' This section also 
provides a mechanism for EPA to convene a proceeding for 
reconsideration, ``[i]f the person raising an objection can demonstrate 
to EPA that it was impracticable to raise such objection within [the 
period for public comment] or if the grounds for such objection arose 
after the period for public comment (but within the time specified for 
judicial review) and if such objection is of central relevance to the 
outcome of the rule.'' Any person seeking to make such a demonstration 
to us should submit a Petition for Reconsideration to the Office of the 
Administrator, U.S. EPA, Room 3000, Ariel Rios Building, 1200 
Pennsylvania Ave., NW., Washington, DC 20460, with a copy to both the 
person(s) listed in the preceding FOR FURTHER INFORMATION CONTACT 
section, and the Associate General Counsel for the Air and Radiation 
Law Office, Office of General Counsel (Mail Code 2344A), U.S. EPA, 1200 
Pennsylvania Ave., NW., Washington, DC 20460.

II. Background Information for This Final Rule

    Section 112(d) of the 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 HAP that, as the result of emissions from area sources, pose the 
greatest threat to public health in the largest number of urban areas. 
EPA implemented this provision in 1999 in the Integrated Urban Air 
Toxics Strategy (64 FR 38715, July 19, 1999). In the Strategy, EPA 
identified 30 HAP that pose the greatest potential health threat in 
urban areas; these HAP are referred to as the ``30 urban HAP.'' Section 
112(c)(3) requires EPA to list sufficient categories or subcategories 
of area sources to ensure that area sources representing 90 percent of 
the emissions of the 30 urban HAP are subject to regulation. We 
implemented these requirements through the Strategy and subsequent 
updates to the source category list. The aluminum foundry area source 
category was listed pursuant to section 112(c)(3) for its contribution 
toward meeting the 90 percent requirement for beryllium, cadmium, lead, 
manganese, and nickel compounds. The copper foundry area source 
category was listed due to emissions of lead, manganese, and nickel 
compounds, and the other nonferrous foundry area source category was 
listed due to emissions of chromium, lead, and nickel compounds.
    Under CAA section 112(d)(5), the Administrator may, in lieu of 
issuing a MACT standard pursuant to CAA section 112(d)(2), elect to 
promulgate standards or requirements for area sources ``which provide 
for the use of generally available control technology or management 
practices by such sources to reduce emissions of hazardous air 
pollutants.'' As explained in the preamble to the proposed NESHAP, EPA 
proposed, and is finalizing in today's action, standards based on 
generally available control technology and management practices (GACT).
    We are issuing these final standards in response to a court-ordered 
deadline that requires EPA to issue standards for these three foundry 
source categories listed pursuant to section 112(c)(3) and (k) by June 
15, 2009 (Sierra Club v. Johnson, No. 01-1537, (D.D.C., March 2006)).

III. Revision to the Source Category List

    This notice announces two revisions to the area source category 
list developed under our Integrated Urban Air Toxics Strategy pursuant 
to section 112(c)(3) of the CAA. The first revision changes the name of 
the ``Secondary Aluminum Production'' source category to ``Aluminum 
Foundries.'' The second revision changes the name of the ``Nonferrous 
Foundries, nec'' source category to ``Other Nonferrous Foundries.'' \1\
---------------------------------------------------------------------------

    \1\ We did not receive any adverse comments on the proposed 
revisions to the list.
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IV. Summary of Changes Since Proposal

    This final rule contains several clarifications to the proposed 
rule as a result of public comments. We explain the reasons for these 
changes in detail in the summary of comments and responses (section VI 
of this preamble).
    First, we established that the production from calendar year 2010 
is used to determine if your existing aluminum, copper, or other 
nonferrous foundry melted more than 600 tpy of aluminum, copper, other 
nonferrous metals, and all associated alloys and, therefore, is subject 
to the rule. If a foundry with an existing melting operation increases 
production after 2010 such that the annual metal melt production equals 
or exceeds 600 tpy, it must notify the permitting authority within 30 
days after the end of that calendar year and comply with the rule 
within 2 years following the date of the notification. If a foundry 
with an existing melting operation subsequently decreases annual 
production after 2010 such that it produces less than 600 tpy, the 
foundry remains subject to the rule. Foundries with new melting 
operations are subject to the rule if the annual metal melt capacity at 
the time of startup equals or exceeds 600 tpy. If a foundry with a new 
melting operation increases capacity after startup such that the annual 
metal melt capacity equals or

[[Page 30368]]

exceeds 600 tpy, it must notify the permitting authority within 30 days 
after the capacity increase and comply with the rule at the time of the 
capacity increase. If a foundry with a new melting operation 
subsequently decreases annual capacity after startup such that the 
capacity is less than 600 tpy, the foundry remains subject to the rule.
    Second, we revised the rule to clarify that the production from 
calendar year 2010 for existing sources (or capacity at the time of 
startup for new sources) is used to determine if you are a small copper 
or other nonferrous foundry or a large copper or other nonferrous 
foundry. Large foundries are subject to both management practices and 
particulate matter (PM) emission limits.
    The final rule also addresses comments on production levels that 
may fluctuate above or below the 6,000 tpy annual copper and other 
nonferrous metal melt production (excluding aluminum) and whether the 
PM/metal HAP control requirements apply to copper and other nonferrous 
foundries when the melt production rises above or falls below 6,000 
tpy. If a small copper or other nonferrous foundry with an existing 
melting operation increases production after the 2010 calendar year 
such that the annual copper and other nonferrous metal melt production 
equals or exceeds 6,000 tons, the foundry must submit a notification of 
foundry reclassification to the Administrator (or his or her authorized 
representative) within 30 days after the end of that calendar year and 
comply with the requirements for large copper or other nonferrous 
foundries no later than 2 years after the date of the foundry's 
notification that the annual copper and other nonferrous metal melt 
production equaled or exceeded 6,000 tons. If a large copper or other 
nonferrous foundry with an existing melting operation subsequently 
decreases production such that the quantity of copper and other 
nonferrous metal melted is less than 6,000 tpy, it remains a large 
copper or other nonferrous foundry.
    If, subsequent to start-up, a new source small copper or other 
nonferrous foundry increases its melting operation capacity such that 
the annual copper and other nonferrous metal melt capacity equals or 
exceeds 6,000 tons, the foundry must submit a notification of foundry 
reclassification to the Administrator (or his or her authorized 
representative) within 30 days after the increase in capacity and 
comply with the requirements for large copper or other nonferrous 
foundries at the time of the capacity increase. If a new source large 
copper or other nonferrous foundry subsequently decreases metal melt 
capacity such that the capacity is less than 6,000 tpy, it remains a 
large copper or other nonferrous foundry and must continue to comply 
with the PM/metal HAP control requirements.
    We further clarified in the final rule that, in determining whether 
a source's ``annual metal melt production'' (for existing sources) and 
``annual metal melt capacity'' (for new sources) exceeds 600 tpy, 
sources must identify the total amount of only aluminum, copper, and 
other nonferrous metal melted for existing sources (or the capacity to 
melt only aluminum, copper, and other nonferrous metal for new 
sources), and not the total amount of all types of metal melted (or the 
capacity to melt all metals for new sources). The comments EPA received 
noted that this clarification is particularly important for aluminum, 
copper, and other nonferrous melting operations that are co-located 
with ferrous metal melting operations. Similarly, we also clarified 
that the 6,000 tpy threshold between small and large copper and other 
nonferrous foundries (excluding aluminum foundries) is based on the 
annual amount of copper and other nonferrous metal (excluding aluminum) 
that is melted.
    We revised the recordkeeping requirements to remove the requirement 
to record the date and time of each melting operation. Several 
commenters, specifically for smaller sources, expressed that the burden 
of recording and keeping these records would not have provided useful 
documentation that the required management practices were being 
followed. We have added a provision to the final rule that requires 
monthly inspections to document that the management practices are being 
followed during melting operations.
    We also adjusted the visible emission (VE) monitoring requirements 
to allow a reduction from daily to weekly observations after 30 
consecutive days of no VE instead of 90 consecutive days. Several 
commenters noted that there are some special occasions when the cause 
of VE cannot be remedied within 3 hours as proposed. We changed the VE 
requirements to parallel those for bag leak detection systems, which 
allow more than 3 hours if the owner or operator identifies the 
specific conditions in a monitoring plan, adequately explains why more 
than 3 hours is necessary, and demonstrates that the requested time 
will alleviate the problem as expeditiously as practicable.
    Based on our survey results and a review of operating permits, we 
expect most (if not all) large copper and other nonferrous foundries 
will use a fabric filter to control emissions from melting operations. 
However, it is conceivable that a new or existing foundry could use a 
device other than a fabric filter. We revised the monitoring 
requirements for large copper and other nonferrous foundries that use a 
control device other than a fabric filter to require that they submit a 
request to use alternative monitoring procedures as required by the 
General Provisions (section 63.8(f)(4)). Submitting this request is 
consistent with EPA's requirements and procedures for alternative 
monitoring.
    Finally, we have clarified that the final rule does not include 
other source categories, such as secondary aluminum production, 
secondary copper production, secondary nonferrous metal production, and 
primary copper smelting. We have explicitly stated in the rule that 
primary and secondary metal melting operations are not subject to this 
foundry rule. We clarified the definition of foundries to include the 
casting of complex metal shapes and to exclude the products cast by 
primary and secondary metal production facilities (e.g., sows, ingots, 
bars, anode copper, rods, and copper cake).

V. Summary of Final Standards

A. Is My Foundry Subject to This Subpart?

    The three source categories subject to this rule include aluminum 
foundries, copper foundries, and other nonferrous foundries. Any 
aluminum, copper, or other nonferrous foundry is subject to this 
subpart if it (1) is an area source defined by 40 CFR 63.2, (2) has an 
annual metal melt production in calendar year 2010 for existing 
affected sources or an annual metal melt capacity at startup for new 
affected sources of 600 tpy or more, and (3) is an aluminum foundry 
that uses material containing ``aluminum foundry HAP,'' a copper 
foundry that uses material containing ``copper foundry HAP,'' or an 
other nonferrous foundry uses material containing ``other nonferrous 
foundry HAP'' (as these terms are defined in more detail below).
    Material containing ``aluminum foundry HAP'' is any material that 
contains beryllium, cadmium, lead, or nickel in amounts greater than or 
equal to 0.1 percent by weight (as the metal), or contains manganese in 
amounts greater than or equal to 1.0 percent by weight (as the metal). 
Material containing ``copper foundry HAP'' is any material that 
contains lead or nickel in amounts greater than or equal to 0.1 percent 
by weight (as the metal), or

[[Page 30369]]

contains manganese in amounts greater than or equal to 1.0 percent by 
weight (as the metal). Material containing ``other nonferrous foundry 
HAP'' is any material that contains chromium, lead, or nickel in 
amounts greater than or equal to 0.1 percent by weight (as the metal). 
The owner or operator must determine whether material contains 
aluminum, copper, or other nonferrous foundry HAP, for example, by 
using formulation data provided by the manufacturer or supplier, such 
as the material safety data sheet (MSDS).

B. Do These Standards Apply to My Source?

    The standards apply to the melting operations (the affected source) 
at foundries subject to the rule as discussed above. More specifically, 
the affected source is (and the standards apply to) (1) the collection 
of all aluminum foundry melting operations that melt any material 
containing aluminum foundry HAP, (2) the collection of all copper 
foundry melting operations that melt any material containing copper 
foundry HAP, and (3) the collection of all other nonferrous foundry 
melting operations that melt any material containing other nonferrous 
foundry HAP. ``Melting operations'' means the collection of furnaces 
(e.g., induction, reverberatory, crucible, tower, dry hearth) used to 
melt metal ingot, alloyed ingot and/or metal scrap to produce molten 
metal that is poured into molds to make castings.
    A foundry is an existing affected source if construction or 
reconstruction of the melting operations commenced on or before 
February 9, 2009. A foundry is a new affected source if construction or 
reconstruction of the melting operations commenced after February 9, 
2009. Because the affected source is the collection of all the melting 
operations at, for example, a copper foundry, addition of new melting 
equipment at an existing affected source (i.e., a source constructed 
before February 9, 2009) does not subject the foundry to the GACT 
standards for a new affected source. Furthermore, the standards for a 
new affected source would only apply to an aluminum, copper or other 
nonferrous foundry that is constructed or reconstructed after February 
9, 2009.

C. When Must I Comply With These Standards?

    The owner or operator of an existing affected source is required to 
comply with the rule no later than June 27, 2011. The owner or operator 
of a new affected source is required to comply by June 25, 2009 or upon 
startup of the source, whichever occurs later.

D. What Are the Final Standards?

    These final standards establish that the following management 
practices are GACT for all new and existing affected sources at 
aluminum, copper, and other nonferrous foundries: (1) Cover or enclose 
melting furnaces that are equipped with covers or enclosures during the 
melting process, to the extent practicable (e.g., except when access is 
needed, including, but not limited to, charging, alloy addition, and 
tapping); and (2) purchase only scrap material that has been depleted 
(to the extent practicable) of ``aluminum foundry HAP,'' ``copper 
foundry HAP'', or ``other nonferrous foundry HAP'' in the materials 
charged to the melting furnace(s), excluding HAP metals that are 
required to be added for the production of alloyed castings or that are 
required to meet written specifications for the casting. Owners or 
operators of affected sources must develop and operate under a written 
management practices plan for minimizing emissions from melting 
operations that apply the two techniques described above. The rule also 
requires owners or operators to retain the plan and the appropriate 
records to demonstrate that the two techniques are used during melting 
operations. Both EPA and the State permitting authority can request to 
review the management practices plan at their discretion.
    In addition, the owner or operator of an existing affected source 
at a large copper foundry and other nonferrous foundry (i.e., one that 
melts at least 6,000 tpy of copper and other nonferrous metal, 
excluding aluminum) is required to achieve a PM control efficiency of 
at least 95.0 percent or an outlet PM concentration of at most 0.015 
grains per dry standard cubic foot (gr/dscf). The owner or operator of 
a new affected source at a large copper foundry or other nonferrous 
foundry must achieve a PM control efficiency of at least 99.0 percent 
or an outlet PM concentration of at most 0.010 gr/dscf.

E. What Are the Testing and Monitoring Requirements?

1. Performance Test
    No performance tests are required for an aluminum foundry or for a 
small copper or other nonferrous foundry (i.e., one that melts less 
than 6,000 tpy of copper and other nonferrous metal, excluding 
aluminum) because they are subject only to the management practices as 
described in 63.11550(a). The owner or operator of any existing or any 
new affected source at a large copper or other nonferrous foundry is 
required to conduct a one-time initial performance test to demonstrate 
compliance with the PM/metal HAP standard. The owner or operator is 
required to test PM emissions from melting operations using EPA Method 
5 or 5D (40 CFR part 60, appendix A-3) or EPA Method 17 (40 CFR part 
60, appendix A-6).
    A performance test is not required for an existing affected source 
if a prior performance test has been conducted within 5 years of the 
compliance date using the methods required by this final rule, and 
either (1) no process changes have been made since the test, or (2) the 
owner or operator can demonstrate to the satisfaction of the permitting 
authority that the results of the performance test, with or without 
adjustments, reliably demonstrate compliance despite process changes.
2. Monitoring Requirements
    The owner or operator of a new or existing affected source (i.e., 
the collection of melting operations as defined in section 63.11556 of 
this final rule) is required to record information to document 
conformance with the management practices plan, including conducting 
monthly inspections, to document that the management practices are 
being followed.
    For existing affected sources at large copper or other nonferrous 
foundries where PM emissions are controlled by a fabric filter, the 
owner or operator is required to conduct daily observations of VE from 
the fabric filter outlet during melting operations. We do not expect 
any VE from a fabric filter that is properly designed, operated, and 
maintained. Should any of the daily observations reveal any VE, the 
owner or operator must initiate corrective action to determine the 
cause of the VE within 1 hour and alleviate the cause of the emissions 
within 3 hours of the observations by taking whatever corrective 
actions are necessary. The owner or operator may take more than 3 hours 
to alleviate the cause of VE if the owner or operator has already 
identified the specific condition requiring more time in a monitoring 
plan. In addition to identifying the condition in the plan, the owner 
or operator must also adequately explain in the monitoring plan why it 
is not feasible to alleviate this condition within 3 hours of the time 
the VE occurs, provide an estimate of the time that it would take to 
alleviate the cause, and demonstrate that the requested time will 
ensure alleviation of this condition

[[Page 30370]]

as expeditiously as practicable. The owner or operator must record the 
results of the daily observations and any corrective actions taken in 
response to VE. Owners or operators of large copper or other nonferrous 
foundries could decrease the frequency of observations from daily to 
weekly if the foundry operates for at least 30 consecutive days without 
any VE. The owner or operator must maintain adequate records to support 
the claim of no VE for the 30-day operating period. After the foundry 
converts to a weekly observation schedule, if any VE are observed, the 
foundry must revert back to daily observations. The foundry may 
subsequently reduce the observations to weekly if it operates for at 
least 30 consecutive days without any VE.
    As an alternative to the VE observations, an owner or operator of 
an existing affected source at a large copper or other nonferrous 
foundry may elect to operate and maintain a bag leak detection system 
as described below for a new affected source at a large copper or other 
nonferrous foundry.
    The owner or operator of a new affected source (i.e., collection of 
melting operations) at a large copper or other nonferrous foundry must 
install, operate and maintain a bag leak detection system to monitor 
the affected source. The owner or operator of a new affected source at 
a large copper or other nonferrous foundry must also prepare a site-
specific monitoring plan for each bag leak detection system. As with 
monitoring the VE for an existing affected source, EPA expects that a 
properly designed, operated and maintained filter system will not 
trigger the leak detection system.
    Our study of the industry indicates that fabric filters are used as 
the control device for melting furnaces; however, a new or existing 
melting operation may use some other type of control device to meet the 
PM emission standards. If a large copper or other nonferrous foundry 
uses a control device other than a fabric filter for a new or existing 
melting operation to comply with the PM emission standards, the owner 
or operator must submit a request to use an alternative monitoring 
procedure as required by the General Provisions in section 63.8(f)(4).

F. What Are the Notification, Recordkeeping, and Reporting 
Requirements?

    The owner or operator of an existing or new affected source is 
required to comply with certain notification, recordkeeping and 
reporting requirements of the General Provisions (40 CFR part 63, 
subpart A), which are identified in Table 1 of the final rule. Each 
owner or operator of an affected source is required to submit an 
Initial Notification according to the requirements section 63.9(a) 
through (d) and a Notification of Compliance Status according to the 
requirements in section 63.9(h) of the NESHAP General Provisions (40 
CFR part 63, subpart A). In addition to the information required in 
63.9(h), the owner or operator must indicate how it plans to comply 
with the requirements.
    Each owner or operator of an existing or new affected source is 
required to keep records to document compliance with the required 
management practices. If the melting operations use a cover or 
enclosure, the owner or operator must identify which melting furnaces 
are equipped with a cover or enclosure, and record the results of the 
monthly inspection in order to demonstrate compliance with the 
procedures in the management practices plan for covers or enclosures. 
These records may be in the form of a checklist.
    The owner or operator of a new or existing affected source must 
also keep records of the metal scrap purchased to demonstrate 
compliance with the requirement that only metal scrap that has been 
depleted of HAP metals prior to charging can be used in the melting 
furnace(s).
    Owners or operators of existing affected sources at large copper or 
other nonferrous foundries equipped with a fabric filter that choose to 
comply with the PM standard through visual emission observations must 
maintain records of all VE monitoring data including:
     Date, place, and time of the monitoring event;
     Person conducting the monitoring;
     Technique or method used;
     Operating conditions during the activity;
     Results, including the date, time, and duration of the 
period from the time the monitoring indicated a problem to the time 
that monitoring indicated proper operation.
     Maintenance or other corrective action.
    Recordkeeping requirements also apply to facilities that use bag 
leak detection systems, including records of the bag leak detection 
system output, bag leak detection system adjustments, the date and time 
of all bag leak detection system alarms, and for each valid alarm, the 
time corrective action was taken, the corrective action taken, and the 
date on which corrective action was completed.
    Existing affected sources at small copper and other nonferrous 
foundries (excluding aluminum) must keep records to demonstrate that 
the annual copper and other nonferrous metal melt production is less 
than 6,000 tpy for each calendar year.
    Similarly, new affected sources at small copper and other 
nonferrous foundries (excluding aluminum) must keep records to 
demonstrate that the annual copper and other nonferrous metal melt 
capacity is less than 6,000 tpy for each calendar year.
    If a deviation from the rule requirements occurs, an affected 
source is required to submit a compliance report for that reporting 
period. The final rule, section 63.11553(e), specifies the information 
requirements for such compliance reports.

G. What Are the Title V Permit Requirements?

    This final rule exempts the aluminum foundries, copper foundries, 
and other nonferrous foundries area source categories from title V 
permitting requirements unless the affected source is otherwise 
required by law to obtain a title V permit. For example, sources that 
have title V permits because they are major sources under the criteria 
pollutant program (i.e., for PM, ozone, carbon monoxide, nitrogen 
oxides, sulfur dioxide and lead) would maintain those permits.

VI. Summary of Comments and Responses

    We received public comments on the proposed rule from a total of 24 
commenters. These commenters included eight companies, seven trade 
associations, five representatives of State agencies, three private 
citizens, and one environmental organization. Sections VI.A through 
VI.I of this preamble summarize the comments and provide our responses.

A. GACT Issues

1. Selection of GACT
    Comment: One commenter stated that EPA's decision to issue GACT 
standards pursuant to CAA section 112(d)(5), instead of MACT standards 
pursuant to section 112(d)(2) and (3), is arbitrary and capricious 
because EPA provided no rationale for its decision to issue GACT 
standards. The commenter also claimed that the proposed standards are 
based solely on cost and are thus unlawful and arbitrary.
    The commenter claims that CAA section 112(d)(5) does not direct EPA 
to set standards based on what is cost effective; rather, according to 
the

[[Page 30371]]

commenter EPA must establish GACT based on the ``methods, practices and 
techniques which are commercially available and appropriate for 
application by the sources in the category considering economic 
impacts.'' The commenter stated that because cost effectiveness is not 
relevant under CAA section 112(d)(5), the reliance on cost 
effectiveness as the sole determining factor in establishing GACT 
renders the proposed standards unlawful.
    Response: As the commenter recognizes, in section 112(d)(5), 
Congress gave EPA explicit authority to issue alternative emission 
standards for area sources. Specifically, section 112(d)(5), which is 
titled ``Alternative standard for area sources,'' provides:

    With respect only to categories and subcategories of area 
sources listed pursuant to subsection (c) of this section, the 
Administrator may, in lieu of the authorities provided in paragraph 
(2) and subsection (f) of this section, elect to promulgate 
standards or requirements applicable to sources in such categories 
or subcategories which provide for the use of generally available 
control technologies or management practices by such sources to 
reduce emissions of hazardous air pollutants. See CAA section 
112(d)(5) (emphasis added).

    There are two critical aspects to section 112(d)(5). First, section 
112(d)(5) applies only to those categories and subcategories of area 
sources listed pursuant to section 112(c). The commenter does not 
dispute that EPA listed the aluminum, copper, and other nonferrous 
foundries area source categories pursuant to section 112(c). Second, 
section 112(d)(5) provides that for area sources listed pursuant to 
section 112(c)(3), EPA ``may, in lieu of'' the authorities provided in 
section 112(d)(2) and 112(f), elect to promulgate standards pursuant to 
section 112(d)(5). Section 112(d)(2) provides that emission standards 
established under that provision ``require the maximum degree of 
reduction in emissions'' of HAP (also known as MACT). Section 
112(d)(3), in turn, defines what constitutes the ``maximum degree of 
reduction in emissions'' for new and existing sources. See section 
112(d)(3).\2\ Webster's dictionary defines the phrase ``in lieu of'' to 
mean ``in the place of'' or ``instead of.'' See Webster's II New 
Riverside University (1994). Thus, section 112(d)(5) authorizes EPA to 
promulgate standards under section 112(d)(5) that provide for the use 
of GACT, instead of issuing MACT standards pursuant to section 
112(d)(2) and (d)(3). The statute does not set any condition precedent 
for issuing standards under section 112(d)(5) other than that the area 
source category or subcategory at issue must be one that EPA listed 
pursuant to section 112(c)(3), which is the case here.\3\
---------------------------------------------------------------------------

    \2\ Specifically, section 112(d)(3) sets the minimum degree of 
emission reduction that MACT standards must achieve, which is known 
as the MACT floor. For new sources, the degree of emission reduction 
shall not be less stringent than the emission control that is 
achieved in practice by the best-controlled similar source, and for 
existing sources, the degree of emission reduction shall not be less 
stringent than the average emission limitation achieved by the best 
performing 12 percent of the existing sources for which the 
Administrator has emissions information. Section 112(d)(2) directs 
EPA to consider whether more stringent--so called ``beyond-the-
floor''--limits are technologically achievable considering, among 
other things, the cost of achieving the emission reduction.
    \3\ Section 112(d)(5) also references section 112(f). See CAA 
section 112(f)(5) (titled ``Area Sources''), which provides that EPA 
is not required to conduct a review or promulgate standards under 
section 112(f) for any area source category or subcategory listed 
pursuant to section 112(c)(3) and for which an emission standard is 
issued pursuant to section 112(d)(5).
---------------------------------------------------------------------------

    The commenter argues that EPA must provide a rationale for issuing 
GACT standards under section 112(d)(5), instead of MACT standards. The 
commenter is incorrect. Had Congress intended that EPA first conduct a 
MACT analysis for each area source category, Congress would have stated 
so expressly in section 112(d)(5). Congress did not require EPA to 
conduct any MACT analysis, floor analysis or beyond-the-floor analysis 
before the Agency could issue a section 112(d)(5) standard. Rather, 
Congress authorized EPA to issue GACT standards for area source 
categories listed under section 112(c)(3), and that is precisely what 
EPA has done in this rulemaking.
    Although EPA need not justify its exercise of discretion in 
choosing to issue a GACT standard for an area source listed pursuant to 
section 112(c)(3), EPA still must have a reasoned basis for the GACT 
determination for the particular area source category. The legislative 
history supporting section 112(d)(5) provides that GACT is to 
encompass:

* * * 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.

See Senate Report on the 1990 Amendments to the Act (S. Rep. No. 101-
228, 101st Cong. 1st session. 171-172). The discussion in the Senate 
report clearly provides that EPA may consider costs in determining what 
constitutes GACT for the area source category.
    Congress plainly recognized that area sources differ from major 
sources, which is why Congress allowed EPA to consider costs in setting 
GACT standards for area sources under section 112(d)(5), but did not 
allow that consideration in setting MACT floors for major sources 
pursuant to section 112(d)(3). This important dichotomy between section 
112(d)(3) and section 112(d)(5) provides further evidence that Congress 
sought to do precisely what the title of section 112(d)(5) states--
provide EPA the authority to issue ``[a]lternative standards for area 
sources.''
    Notwithstanding the commenter's claim, EPA properly issued 
standards for the area source categories at issue here under section 
112(d)(5) and in doing so provided a reasoned basis for its selection 
of GACT for these area source categories. As explained in the proposed 
rule and below, EPA evaluated the control technologies and management 
practices that reduce HAP emissions at aluminum, copper and other 
nonferrous foundries, including those at both major and area sources. 
See 74 FR 6512. In its evaluation, EPA used information from an EPA 
survey of the three source categories, discussed options for control 
with industry trade associations, and reviewed operating permits to 
identify the emission controls and management practices that are 
currently used to control PM and metal HAP emissions. We also 
considered technologies and practices at major and area sources in 
similar categories. For example, we reviewed the management practices 
required by the area source standards for iron and steel foundries (40 
CFR part 63, subpart ZZZZZ).
    In our evaluation, we identified certain management practices and 
PM control techniques that have been implemented at a significant 
number of foundries. Of the management practices identified, two in 
particular were used frequently: (1) Cover or enclose melting furnaces 
that are equipped with covers or enclosures during the melting process, 
and (2) purchase only scrap that has been depleted (to the extent 
practicable) of HAP metals in the materials charged to the melting 
furnace. Of the PM control technologies identified, we found that large 
copper and other nonferrous foundries (i.e., foundries melting 6,000 
tpy or more of copper and other nonferrous metal) frequently used 
control technologies to reduce PM/HAP emissions, while smaller (less 
than 6,000 tpy) did not. Furthermore, we found that large copper and 
other nonferrous foundries used fabric filters as the primary technique 
to reduce PM/HAP metal emissions. The

[[Page 30372]]

wide use of the management techniques and PM controls indicates that 
such practices are generally available for the area source categories 
at issue.
    The commenter further argues that EPA inappropriately chose the 
management practices and controls described above as GACT based solely 
on costs, and according to the commenter, cost is not relevant to GACT 
determinations and as such the standards are unlawful. We disagree. 
First, contrary to the commenter's assertions, EPA did not select GACT 
on cost alone, as the discussion above supports. Second, and also 
contrary to the commenter's assertions, the Agency's consideration of 
cost effectiveness in establishing GACT and the Agency's views on what 
is a cost-effective requirement under section 112(d)(5) are relevant. 
The U.S. Court of Appeals for the DC Circuit has stated that cost 
effectiveness is a reasonable measure of cost as long as the statute 
does not mandate a specific method of determining cost. See Husqvarna 
AB v. EPA, 254 F.3d 195, 201 (D.C. Cir. 2001) (finding EPA's decision 
to consider costs on a per ton of emissions removed basis reasonable 
because CAA section 213 did not mandate a specific method of cost 
analysis).
    In addition to evaluating what was generally available to the 
foundries at issue, we considered costs and economic impacts in 
determining GACT. We estimated the cost of compliance for the proposed 
rule to include a one-time first year cost of $656,000, a recurring 
total annualized cost of $645,000 per year, and an average of $2,000 
per year per plant. (74 FR 6522). To the best of our knowledge and 
based on the information we have available, the management practices 
are not costly to implement and would not result in any significant 
adverse economic impact on any foundry. Our economic impact analysis 
estimated that the proposed rule would have an impact of less than 0.05 
percent of sales (74 FR 6523). We believe the consideration of costs 
and economic impacts is especially important for determining GACT for 
the aluminum, copper, and other nonferrous foundries because, given 
their relatively low level of HAP emissions, requiring additional 
controls would result in only marginal reductions in emissions at very 
high costs for modest incremental improvement in control.
    Finally, even though not required, EPA did provide a rationale for 
why it set a GACT standard in the proposed rule. In the proposal, we 
explained that the facilities in the source categories at issue here 
are already well controlled for the urban HAP for which the source 
category was listed pursuant to section 112(c)(3). See 74 FR 6517 and 
6522. Consideration of costs and economic impacts proves especially 
important for the well-controlled area sources at issue in this final 
action. Given the current, well-controlled emission levels, a MACT 
floor determination, where costs cannot be considered, could result in 
only marginal reductions in emissions at very high costs for modest 
incremental improvement in control for the area source category.
2. Cost Effectiveness of the GACT Standards
    Comment: One commenter claimed that EPA did not undertake 
sufficient analysis to support the conclusion that ``given their 
relatively low levels of HAP emissions, requiring additional controls 
would result in only marginal reductions in emissions at very high 
costs for modest incremental improvement in control.'' (See 74 FR 
6517.) As an example, the commenter said that for copper and other 
nonferrous foundries that melt 6,000 tpy or more, EPA determined that 
the majority of facilities currently operate using a control system for 
PM, and that those controls achieve a reduction in PM emissions of 95 
percent. According to the commenter, EPA did not consider setting a 
tighter standard despite the fact that of the eight facilities that 
reported the efficiency of their add-on controls, four achieved an 
efficiency of 98 percent or higher. The commenter stated that when EPA 
analyzed and rejected stronger control options, the analysis was based 
solely on the cost-effectiveness of those controls. The commenter also 
asserted that EPA should not have rejected the option of requiring all 
copper and other nonferrous foundries to utilize add-on controls 
because, in the commenter's view, such controls are ``generally 
available'' and ``effective for controlling emissions of PM and metal 
HAP from copper and nonferrous foundries.''
    The commenter noted that EPA determined that it would be overly 
costly to require facilities to install new PM control devices for the 
under 6,000 tpy subcategory because the cost effectiveness was $50,000 
per ton of PM and $1 million per ton of metal HAP. According to the 
commenter, EPA neither claims that the economic impacts are too great 
based on the profitability of these plants, nor determines how 
economically significant it would be for such a plant to make the 
necessary investment in these controls.
    Response: EPA properly issued standards for the area source 
categories at issue here under section 112(d)(5), and cost 
effectiveness was not the only consideration in setting the standards.
    In establishing GACT standards for all three types of foundries, 
EPA determined that all affected sources subject to this rule must meet 
two management practices applicable to the melting operations to reduce 
the HAP emissions. First, covers or enclosures are used during the 
melting operation on furnaces that have them to suppress emissions. 
Second, the purchased scrap is depleted to the extent practicable of 
HAP metals that are contaminants and are not necessary to meet product 
specifications. EPA found that most of the sources in the survey 
employed one or both of these methods to control HAP emissions from the 
melting process. Affected sources must use these two practices to 
comply with this area source standard. The general use of these methods 
and their acceptable costs and economic impacts led EPA to choose these 
as part of the GACT standards applicable to aluminum, copper and other 
nonferrous foundries.
    For existing large copper and other nonferrous foundries, EPA 
determined these affected sources have generally available to them PM 
control techniques that result in a PM control efficiency of 95 
percent. The survey conducted prior to the proposal indicated that the 
large copper and other nonferrous foundries used operating practices 
and add-on control devices to control PM emissions. EPA requested test 
data as part of the industry survey, but none was provided. Sources did 
report control efficiencies, but in some cases, the control levels for 
the baghouses and cartridge filters were engineering estimates or 
equipment manufacturer specifications.
    In choosing the management practices for foundries in all three 
source categories and additional PM controls on large copper and other 
nonferrous foundries, EPA looked to the discussion on GACT as found in 
the Senate report on the legislation (Senate report No. 101-228, Dec. 
20, 1989), which describes GACT as:

* * * 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 emission controls systems.

    The information we collected supports a 95 percent control level 
for PM (as a surrogate for metal HAP) as GACT for these two categories 
of existing area sources. While the data collected during the survey 
shows that

[[Page 30373]]

some sources reported a 98 percent PM emission control efficiency, the 
data also showed that the control equipment commercially available and 
appropriate for application to these sources (e.g., baghouses) does not 
result in control efficiencies of 98 percent on a continuing basis. See 
Mossville Environmental Action Now v. EPA, 370 F.3d 1232, 1242 (D.C. 
Cir. 2004) (EPA may appropriately account for operational variability 
in setting section 112(d) emission standards).
    EPA also determined that the cost associated with replacing 
existing control equipment that achieves 95 percent control with newer 
equipment to achieve 98 percent control would result in a cost and cost 
effectiveness not justified by the incremental reduction in emissions. 
For example, consider a copper foundry melting 6,000 tpy of copper in 
electric induction furnaces with a fabric filter as the control device 
operating at 95 percent control efficiency. Uncontrolled emissions of 
PM (at 1.5 lb/ton) and HAP (at 5 percent of PM) of 4.5 tpy and 0.23 
tpy, respectively, would be reduced to 0.225 and 0.0113 tpy, 
respectively, assuming the 95 percent control efficiency of the 
existing fabric filter. Either a new baghouse in series or an expanded 
baghouse, both with newer fabric for the filter (e.g., membrane bags) 
and a lower air-to-cloth ratio, would be required to increase the 
control efficiency from 95 percent to 98 percent. At the new 98 percent 
control level, emissions of PM and HAP would be reduced to 0.09 tpy and 
0.0045 tpy, respectively. The capital cost of the new or expanded 
baghouse would be $520,000 with a total annualized cost of $119,000 per 
year (sized for a flow of 16,500 actual cubic feet per minute). The 
incremental cost effectiveness for the upgrade would be $880,000/ton 
for PM and $18,000,000/ton for HAP, which is a very high cost 
effectiveness to achieve an additional HAP emission reduction of only 
0.0067 tpy (0.0113 tpy at 95 percent control versus 0.0045 tpy at 98 
percent control). As the commenter noted and quoted, we also presented 
at proposal the very high cost effectiveness of requiring small copper 
and other nonferrous foundries (i.e., all of the copper and nonferrous 
foundries subject to the rule) to install PM controls. We do not 
believe the cost numbers presented here and in the proposal are 
reasonable for requiring PM controls for melting furnaces at all copper 
and other nonferrous foundries.
    Contrary to the commenter's assertions, the Agency's consideration 
of cost effectiveness in establishing GACT and the Agency's views on 
what is a cost-effective requirement under section 112(d)(5) are 
relevant. The U.S. Court of Appeals for the DC Circuit has stated that 
cost effectiveness is a reasonable measure of cost as long as the 
statute does not mandate a specific method of determining cost. See 
Husqvarna AB v. EPA, 349 U.S. App. D.C. 118, 254 F.3d 195, 201 (D.C. 
Cir. 2001) (Finding EPA's decision to consider costs on a per ton of 
emissions removed basis reasonable because CAA section 213 did not 
mandate a specific method of cost analysis). Section 112(d)(5) does not 
mandate a specific method for considering cost when setting GACT 
standards.
    The commenter has provided no information to support its assertion 
that add-on control requirements for small copper and other nonferrous 
foundries are generally available for melting operations in the two 
source categories. The commenter also failed to provide any information 
indicating that our cost- effectiveness determinations were 
unreasonable and likewise failed to provide any information concerning 
the economic impacts associated with requiring the standards that the 
commenter suggests represent GACT. The GACT standards for the three 
foundry area source categories are consistent with the requirements of 
section 112(d)(5).
    Comment: One commenter questioned the authority for the 
promulgation of the GACT standards. The commenter stated it is 
inconsistent with the CAA section 112(d)(1) schedules to promulgate 
this new area source standard after the expiration of the schedules. 
According to the commenter, it would be more appropriate to promulgate 
GACT standards under CAA section 112(f)(2)(C) to comply with the court 
order. The commenter stated he did not think the court intends to order 
EPA to violate the time frame specified by the CAA.
    Response: The commenter is incorrect. In Sierra Club v. Johnson, 
(D.D.C. 2006), the Court held, among other things, that EPA violated a 
mandatory duty by failing to establish emission standards for area 
source categories listed pursuant to section 112(c)(3) and (k)(3)(B) by 
the date specified in the statute. The Court issued an order in March 
2006, requiring the Agency to promulgate emission standards for the 
area source categories listed pursuant to section 112(c)(3) and 
(k)(3)(B). In August 2006, the Court issued an opinion establishing 
deadlines for issuing the standards. By issuing emission standards for 
the three area source categories at issue in this rule, the Agency is 
acting wholly consistently with the schedule set forth in the Court's 
August 2006 opinion, as amended. The commenter's thoughts about what 
the Court ``intend[ed] to order'' are wholly irrelevant. The order 
speaks for itself, and the Agency continues to comply with the terms of 
the order.
    Moreover, because the requirements of the Court's order are 
unambiguous, the commenter's thoughts about the ``appropriate[ness]'' 
of promulgating GACT standards under CAA section 112(f)(2)(C) are 
similarly irrelevant. Furthermore, the commenter fails to recognize 
that section 112(f) of the CAA addresses the second stage of standard 
setting under section 112, and this phase occurs 8 years after the 
initial promulgation of a technology-based standard under section 
112(d). This rule marks the promulgation of a technology-based standard 
under section 112(d). If EPA sought to conduct a residual risk analysis 
for these categories, it would do so 8 years after issuance of the 
section 112(d) standard. The commenter also fails to recognize that 
residual risk review is not required for area sources where the 
standards are based on GACT, as is the case in this rule. See CAA 
112(f)(5).
2. Estimates of Impacts of the Proposed Rule
    Comment: One commenter stated that EPA did not estimate the 
emissions reductions or cost effectiveness associated with the 
management practices that represent GACT. The commenter noted that EPA 
estimated the costs associated with the rule, but not the emissions 
reductions, and consequently, did not show that GACT was cost 
effective. The commenter asked that EPA identify the amount of HAP 
reductions associated with the rule, and reconsider the cost 
effectiveness and potential impacts on area sources (almost all of 
which are small businesses) if the environmental benefits are minimal.
    One commenter stated it was the intent of the CAA that the area 
source program results in reductions in emissions from area sources of 
hazardous air pollution and expressed disappointment that EPA's 
proposal states ``we estimate that the only impacts associated with the 
proposed rule are the compliance requirements (i.e., monitoring, 
reporting, recordkeeping and testing).'' The commenter was concerned 
that such proposals are merely paperwork exercises and are not 
responsive to Congress' intent to reduce hazardous air pollution when 
it included the area source provisions in the CAA. The

[[Page 30374]]

commenter recommended that in this rule and in future area source 
proposals, EPA incorporate provisions that will provide additional 
public health protection from the adverse effects of emissions of HAP 
from area sources.
    One commenter stated that, as described in the CAA section 
112(k)(1), the purpose of the area source program is to ``achieve a 
substantial reduction in emissions of hazardous air pollutants from 
area sources and an equivalent reduction in the public health risks 
associated with such sources * * *'' According to the commenter, the 
approach laid out by EPA in the proposed rule does not reflect this 
purpose and instead focuses entirely on cost estimates. The commenter 
stated that the preamble did not contain any discussion or estimate of 
the current emissions of HAP from the sources to be regulated or the 
public health risks associated with those sources, and that there was 
no discussion of the expected benefits of the proposed rule.
    Response: We disagree with the commenter's assertions that EPA did 
not show that GACT for these sources was cost effective. We examined 
all available HAP emission reduction approaches and determined GACT, 
considering costs, economic impacts, and the cost effectiveness of PM 
control devices (74 FR 6518 and 6523). Few additional quantifiable 
emission reductions at existing affected sources are expected to result 
from the requirements of this rule because most of the existing 
affected sources are already implementing the process improvements, 
management practices, and control devices required by this rule. The 
requirements in the final rule, however, will prevent any existing 
facilities from making changes that could result in less stringent 
requirements and an increase in HAP emissions. Codifying these 
requirements will result in fewer emissions from new affected sources 
at large copper and other nonferrous foundries due to the more 
stringent PM/metal HAP emission standards and continuous monitoring by 
bag leak detectors. In addition, we expect that the increased attention 
to the implementation of management practices, recordkeeping, and the 
monitoring of control devices required by the rule will result in 
additional emission reductions because the management practices will be 
applied more consistently and uniformly, and control device monitoring 
will result in shorter times that fabric filter bags are allowed to 
leak. The management practices will also focus more attention on the 
raw materials (metals) being melted and will promote pollution 
prevention for reducing HAP emissions.
    Although we are, in large part, codifying the status quo, the 
emission reductions we are obtaining, as compared to 1990 levels, are 
significant because these facilities have implemented controls over the 
past 20 years. For example, HAP emissions reported to the 1990 Toxics 
Release Inventory (TRI) by 86 foundries in these three source 
categories totaled 18.2 tpy compared to 13.6 tpy in 2005 with 132 
plants reporting (i.e., there has been a large decrease in emissions 
even though over 50 percent more plants were reporting to the TRI). 
These reductions are consistent with the goals of the Urban Air Toxics 
Strategy, which uses 1990 as the baseline year and measures reductions 
against that baseline.
    Finally, one commenter requests that EPA incorporate provisions 
that will provide additional public health protection from HAP 
emissions. In this rule, we set technology-based standards pursuant to 
section 112(d)(5) for three area source categories. The emission 
control requirements in the final rule reflect GACT. Although assessing 
public health risks is not a part of the GACT determination, we believe 
that the rule requirements will provide important public health 
protection, as discussed above.
3. GACT Determination for PM
    Comment: One commenter stated that it was unclear from the 
adm