National Emission Standards for Hazardous Air Pollutants for Secondary Aluminum Production, 38085-38095 [2016-13505]
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Federal Register / Vol. 81, No. 113 / Monday, June 13, 2016 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 63
[EPA–HQ–OAR–2010–0544; FRL–9947–30–
OAR]
RIN 2060–AS94
National Emission Standards for
Hazardous Air Pollutants for
Secondary Aluminum Production
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to amend the National Emission
Standards for Hazardous Air Pollutants
for Secondary Aluminum Production
(Secondary Aluminum NESHAP). This
direct final rule amends the final rule
that was published in the Federal
Register on September 18, 2015, by
correcting inadvertent errors, clarifying
rule requirements for initial
performance tests and submittal of
malfunction reports, providing an
additional option for new round top
furnaces to account for unmeasured
emissions during compliance testing,
and clarifying what constitutes a change
in furnace operating mode. The direct
final rule also updates Web site
addresses for the EPA’s Electronic
Reporting Tool (ERT) and the
Compliance and Emissions Data
Reporting Interface (CEDRI). These
amendments will help to improve
compliance and implementation of the
rule.
DATES: This rule is effective on
September 12, 2016 without further
notice, unless the EPA receives adverse
comment by July 28, 2016 If the EPA
receives adverse comment, we will
publish a timely withdrawal in the
Federal Register informing the public
that the rule will not take effect.
Public Hearing. If anyone contacts the
EPA requesting to speak at a public
hearing by June 20, 2016 we will hold
a public hearing on June 28, 2016 on the
EPA campus at 109 T.W. Alexander
Drive, Research Triangle Park, North
Carolina.
ADDRESSES: Comments. Submit your
comments, identified by Docket ID No.
EPA–HQ–OAR–2010–0544, at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
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SUMMARY:
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Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the Web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
Ms.
Rochelle Boyd, Sector Policies and
Programs Division (D243–02), Office of
Air Quality Planning and Standards,
U.S. Environmental Protection Agency,
Research Triangle Park, North Carolina
27711; telephone number: (919) 541–
1390; fax number: (919) 541–3207; and
email address: boyd.rochelle@epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Organization of This Document. The
information in this preamble is
organized as follows:
I. General Information
A. Why is the EPA publishing a direct final
rule?
B. Does this direct final rule apply to me?
C. What should I consider as I prepare my
comments for the EPA?
II. What are the amendments made by this
direct final rule?
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
B. Paperwork Reduction Act (PRA)
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act
(UMRA)
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
Risks and Safety Risks
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
I. National Technology Transfer and
Advancement Act (NTTAA)
J. Executive Order 12898: Federal Actions
To Address Environmental Justice in
Minority Populations and Low-Income
Populations
K. Congressional Review Act (CRA)
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I. General Information
A. Why is the EPA publishing a direct
final rule?
The EPA is publishing this direct final
rule without a prior proposed rule
because we view this as a
noncontroversial action and anticipate
no adverse comment. However, in the
‘‘Proposed Rules’’ section of this
Federal Register, we are publishing a
separate document that will serve as the
proposed rule to amend the Secondary
Aluminum NESHAP, if adverse
comments are received on this direct
final rule. We will not institute a second
comment period on this action. Any
parties interested in commenting must
do so at this time. For further
information about commenting on this
rule, see the ADDRESSES section of this
document.
If the EPA receives adverse comment
on all or a distinct portion of this direct
final rule, we will publish a timely
withdrawal in the Federal Register
informing the public that some or all of
this direct final rule will not take effect.
We would address all public comments
in any subsequent final rule based on
the proposed rule.
B. Does this direct final rule apply to
me?
Categories and entities potentially
regulated by this direct final rule
include:
NAICS
code 1
Category
Primary Aluminum Production
Facilities.
Secondary Aluminum Production Facilities.
Aluminum Sheet, Plate, and
Foil Manufacturing Facilities.
Aluminum Extruded Product
Manufacturing Facilities.
Other Aluminum Rolling and
Drawing Facilities.
Aluminum Die Casting Facilities.
Aluminum Foundry Facilities ...
1 North
American
Industry
331312
331314
331315
331316
331319
331521
331524
Classification
System.
This table is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
regulated by this direct final rule. To
determine whether your facility is
affected, you should examine the
applicability criteria in 40 CFR 63.1500.
If you have any questions regarding the
applicability of any aspect of this action
to a particular entity, consult either the
air permitting authority for the entity or
your EPA Regional representative as
listed in 40 CFR 63.13.
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C. What should I consider as I prepare
my comments for the EPA?
Do not submit information containing
CBI to the EPA through https://
www.regulations.gov or email. Clearly
mark the part or all of the information
that you claim to be CBI. For CBI
information on a disk or CD–ROM that
you mail to the 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 comments that
includes information claimed as CBI, a
copy of the comments 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. Send or deliver
information identified as CBI only to the
following address: OAQPS Document
Control Officer (C404–02), OAQPS, U.S.
Environmental Protection Agency,
Research Triangle Park, North Carolina
27711, Attention Docket ID No. EPA–
HQ–OAR–2010–0544.
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II. What are the amendments made by
this direct final rule?
This direct final rule amends the table
in Appendix A titled ‘‘Appendix A to
Subpart RRR of Part 63—General
Provisions Applicability to Subpart
RRR.’’ As published in the Federal
Register on September 18, 2015, the
table consisted of three columns labeled
‘‘Citation,’’ ‘‘Applies to RRR,’’ and
‘‘Comment.’’ The EPA had intended to
include a fourth column labeled
‘‘Requirement,’’ but this column was
inadvertently omitted from the
September 18, 2015, publication in the
Federal Register. We are revising the
table by adding a column labeled
‘‘Requirement,’’ which contains a brief
description of the cited General
Provision and republishing the entire
table with appropriate updated
information and clarifications. This
amendment will provide additional
information to the public on the content
of the General Provision citations.
In response to stakeholder feedback,
this direct final rule also amends 40
CFR 63.1514(e), which contains the
limits on the frequency of changing
furnace operating mode. The
amendment clarifies that a change from
one operating mode and subsequently
back to the initial mode constitutes a
single change. With respect to the
options available to new round top
furnaces to account for unmeasured
emissions during compliance testing,
this direct final rule also amends 40
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CFR 63.1512(e)(5) to extend to new
round top furnaces a compliance testing
option to account for unmeasured
emissions during compliance testing
that is already available to uncontrolled
group 1 furnaces. With this amendment,
new round top furnaces will now have
the option of assuming an 80-percent
capture efficiency for the furnace
exhaust during testing. We are adding
40 CFR 63.1516(b)(4) of the reporting
requirements to clarify that malfunction
reports required by 40 CFR 63.1516(d)
must be submitted as part of the
semiannual excess emissions/summary
reports required by 40 CFR 63.1516(b).
With respect to reconstructed sources,
we are revising 40 CFR 63.1511(b) to
clarify that under this provision
reconstructed sources will be treated
like new sources. In addition to
correcting several minor typographical
errors, we are correcting the inadvertent
deletion of 40 CFR 63.1510(e)(1) and (2)
from the regulatory text. These
provisions relate to equipment accuracy
and calibration and were previously
codified when the Secondary
Aluminum NESHAP was originally
promulgated in 2000. The September
18, 2015, action mistakenly removed
these provisions. This rulemaking
replaces these provisions in the
regulatory text to ensure that the
regulated community has a clear
understanding of the applicable
compliance requirements.
III. Statutory and Executive Order
Reviews
Additional information about these
statutes and Executive Orders can be
found at https://www2.epa.gov/lawsregulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
This action is not a significant
regulatory action and was, therefore, not
submitted to the Office of Management
and Budget (OMB) for review.
B. Paperwork Reduction Act (PRA)
This action does not impose any new
information collection burden under the
PRA. OMB has previously approved the
information collection activities
contained in the existing regulation (40
CFR part 63, subpart RRR), and has
assigned OMB control number 2060–
0433. This action does not change the
information collection requirements.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have
a significant economic impact on a
substantial number of small entities
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under the RFA. This action will not
impose any requirements on small
entities. This action does not create any
new requirements or burdens and no
costs are associated with this direct final
action.
D. Unfunded Mandates Reform Act
(UMRA)
This action does not contain any
unfunded mandate as described in
UMRA, 2 U.S.C. 1531–1538, and does
not significantly or uniquely affect small
governments.
The action imposes no enforceable
duty on any state, local, or tribal
governments or the private sector.
E. Executive Order 13132: Federalism
This action does not have federalism
implications. It will 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.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action does not have tribal
implications, as specified in Executive
Order 13175. There are no secondary
aluminum production facilities owned
or operated by tribal governments. Thus,
Executive Order 13175 does not apply
to this action.
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
The EPA interprets Executive Order
13045 as applying only to those
regulatory actions that concern
environmental health or safety risks that
the EPA has reason to believe may
disproportionately affect children, per
the definition of ‘‘covered regulatory
action’’ in section 2–202 of the
Executive Order. This action is not
subject to Executive Order 13045
because it does not concern an
environmental health risk or safety risk.
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not subject to Executive
Order 13211 because it is not a
significant regulatory action under
Executive Order 12866.
I. National Technology Transfer and
Advancement Act (NTTAA)
This rulemaking does not involve
technical standards.
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J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
The EPA believes the human health or
environmental risk addressed by this
section will not have potential
disproportionately high and adverse
human health or environmental effects
on minority, low-income, or indigenous
populations. This action does not affect
the level of protection provided to
human health or the environment. The
final amendments are either
clarifications or corrections of
compliance alternatives that will neither
increase or decrease environmental
protection.
K. Congressional Review Act (CRA)
This action is subject to the CRA, and
the EPA will submit a rule report to
each House of the Congress and to the
Comptroller General of the United
States. This action is not a ‘‘major rule’’
as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 63
Environmental protection,
Administrative practice and procedures,
Air pollution control, Hazardous
substances, Intergovernmental relations,
Reporting and recordkeeping
requirements.
Dated: May 27, 2016.
Gina McCarthy,
Administrator.
For the reasons stated in the
preamble, the Environmental Protection
Agency is amending title 40, chapter I,
part 63 of the Code of Federal
Regulations (CFR) as follows:
PART 63—NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS FOR SOURCE
CATEGORIES
1. The authority citation for part 63
continues to read as follows:
■
Authority: 42 U.S.C. 7401, et seq.
Subpart RRR—National Emission
Standards for Hazardous Air Pollutants
for Secondary Aluminum Production
2. Section 63.1510 is amended by
revising paragraph (b) introductory text
and adding paragraphs (e)(1) and (2) to
read as follows:
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■
§ 63.1510
Monitoring requirements.
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(b) Operation, maintenance, and
monitoring (OM&M) plan. The owner or
operator must prepare and implement
for each new or existing affected source
and emission unit, a written OM&M
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plan. The owner or operator of an
existing affected source must submit the
OM&M plan to the permitting authority
for major sources, or the Administrator
for area sources no later than the
compliance date established by
§ 63.1501. The owner or operator of any
new affected source must submit the
OM&M plan to the permitting authority
for major sources, or the Administrator
for area sources within 90 days after a
successful initial performance test
under § 63.1511(b), or within 90 days
after the compliance date established by
§ 63.1501 if no initial performance test
is required. The plan must be
accompanied by a written certification
by the owner or operator that the
OM&M plan satisfies all requirements of
this section and is otherwise consistent
with the requirements of this subpart.
The owner or operator must comply
with all of the provisions of the OM&M
plan as submitted to the permitting
authority for major sources, or the
Administrator for area sources, unless
and until the plan is revised in
accordance with the following
procedures. If the permitting authority
for major sources, or the Administrator
for area sources determines at any time
after receipt of the OM&M plan that any
revisions of the plan are necessary to
satisfy the requirements of this section
or this subpart, the owner or operator
must promptly make all necessary
revisions and resubmit the revised plan.
If the owner or operator determines that
any other revisions of the OM&M plan
are necessary, such revisions will not
become effective until the owner or
operator submits a description of the
changes and a revised plan
incorporating them to the permitting
authority for major sources, or the
Administrator for area sources. Each
plan must contain the following
information:
*
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(e) * * *
(1) The accuracy of the weight
measurement device or procedure must
be ±1 percent of the weight being
measured. The owner or operator may
apply to the permitting agency for
approval to use a device of alternative
accuracy if the required accuracy cannot
be achieved as a result of equipment
layout or charging practices. A device of
alternative accuracy will not be
approved unless the owner or operator
provides assurance through data and
information that the affected source will
meet the relevant emission standard.
(2) The owner or operator must verify
the calibration of the weight
measurement device in accordance with
the schedule specified by the
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manufacturer, or if no calibration
schedule is specified, at least once every
6 months.
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■ 3. Section 63.1511 is amended by
revising paragraph (b) introductory text
and paragraph (i) heading to read as
follows:
§ 63.1511 Performance test/compliance
demonstration general requirements.
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*
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*
(b) Initial performance test. Following
approval of the site-specific test plan,
the owner or operator must demonstrate
initial compliance with each applicable
emission, equipment, work practice, or
operational standard for each affected
source and emission unit, and report the
results in the notification of compliance
status report as described in
§ 63.1515(b). The owner or operator of
any affected source constructed before
February 14, 2012, for which an initial
performance test is required to
demonstrate compliance must conduct
this initial performance test no later
than the date for compliance established
by § 63.1501. The owner or operator of
any affected source constructed or
reconstructed after February 14, 2012,
for which an initial performance test is
required must conduct this initial
performance test within 180 days after
the date for compliance established by
§ 63.1501. Except for the date by which
the performance test must be conducted,
the owner or operator must conduct
each performance test in accordance
with the requirements and procedures
set forth in § 63.7(c). Owners or
operators of affected sources located at
facilities which are area sources are
subject only to those performance
testing requirements pertaining to D/F.
Owners or operators of sweat furnaces
meeting the specifications of
§ 63.1505(f)(1) are not required to
conduct a performance test.
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(i) Testing of commonly-ducted units
not within a secondary aluminum
processing unit. * * *
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■ 4. Section 63.1512 is amended by
revising paragraph (e)(4) introductory
text, paragraph (e)(4)(v), and paragraph
(e)(5) to read as follows:
§ 63.1512 Performance test/compliance
demonstration requirements and
procedures.
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*
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(e) * * *
(4) When testing an existing
uncontrolled furnace, the owner or
operator must comply with the
requirements of either paragraphs
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(e)(4)(i), (ii), or (iii) of this section at the
next required performance test required
by § 63.1511(e).
*
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*
(v) Round top furnaces constructed
before February 14, 2012, and
reconstructed round top furnaces are
exempt from the requirements of
paragraphs (e)(4)(i), (ii), and (iii) of this
section. Round top furnaces must be
operated to minimize unmeasured
emissions according to paragraph (e)(7)
of this section.
(5) When testing a new uncontrolled
furnace, other than a new round top
furnace, constructed after February 14,
2012, the owner or operator must
comply with the requirements of
paragraph (e)(5)(i) or (ii) of this section
at the next required performance test
required by § 63.1511(e). When testing a
new round top furnace constructed after
February 14, 2012, the owner or
operator must comply with the
requirements of either paragraphs
(e)(5)(i), (ii), or (iii) of this section at the
next required performance test required
by § 63.1511(e).
(i) Install hooding that meets ACGIH
Guidelines (incorporated by reference,
see § 63.14), or
(ii) At least 180 days prior to testing
petition the permitting authority for
major sources, or the Administrator for
area sources, that such hoods are
impractical under the provisions of
paragraph (e)(6) of this section and
propose testing procedures that will
minimize unmeasured emissions during
the performance test according to the
paragraph (e)(7) of this section, or
(iii) Assume an 80-percent capture
efficiency for the furnace exhaust (i.e.,
multiply emissions measured at the
furnace exhaust outlet by 1.25). If the
source fails to demonstrate compliance
using the 80-percent capture efficiency
assumption, the owner or operator must
re-test with a hood that meets the
ACGIH Guidelines within 180 days, or
petition the permitting authority for
major sources, or the Administrator for
area sources, within 180 days that such
hoods are impractical under the
provisions of paragraph (e)(6) of this
section and propose testing procedures
that will minimize unmeasured
emissions during the performance test
according to paragraph (e)(7) of this
section.
(iv) The 80-percent capture efficiency
assumption is not applicable in the
event of testing conducted under an
approved petition submitted pursuant to
paragraphs (e)(5)(ii) or (iii) of this
section.
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*
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*
(f) * * *
(2) For periods of startup and
shutdown, divide your measured
emissions in lb/hr or mg/hr or ng/hr by
the feed/charge rate in tons/hr or Mg/hr
from your most recent performance test
associated with a production rate greater
than zero, or the rated capacity of the
affected source if no prior performance
test data are available.
■ 6. Section 63.1514 is amended by
revising paragraphs (e) heading and
(e)(1) to read as follows:
where delegation of authority under
section 112(l) of the CAA has not been
requested or approved, the owner or
operator must provide duplicate
notification to the applicable Regional
Administrator. If an owner or operator
submits the information specified in
this section at different times or in
different submittals, later submittals
may refer to earlier submittals instead of
duplicating and resubmitting the
information previously submitted. A
complete notification of compliance
status report must include:
*
*
*
*
*
■ 8. Section 63.1516 is amended by
revising paragraph (b)(3)(i)(A), adding
paragraph (b)(4), and revising paragraph
(d) to read as follows:
§ 63.1514
§ 63.1516
5. Section 63.1513 is amended by
revising paragraph (f)(2) to read as
follows:
■
§ 63.1513 Equations for determining
compliance.
*
Change of furnace classification.
*
*
*
*
*
(e) Limit on frequency of changing
furnace operating mode. (1) A change in
furnace operating mode, which consists
of changing from one furnace operating
mode to another and subsequently back
to the initial operating mode, as
provided in paragraphs (a) through (d)
of this section, may not be done more
frequently than 4 times in any 6-month
period unless you receive approval from
the permitting authority or
Administrator for additional changes
pursuant to paragraph (e)(2).
*
*
*
*
*
■ 7. Section 63.1515 is amended by
revising paragraph (b) introductory text
to read as follows:
§ 63.1515
Notifications.
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*
*
*
*
(b) Notification of compliance status
report. Each owner or operator of an
existing affected source must submit a
notification of compliance status report
within 60 days after the compliance
date established by § 63.1501. Each
owner or operator of a new affected
source must submit a notification of
compliance status report within 90 days
after conducting the initial performance
test required by § 63.1511(b), or within
90 days after the compliance date
established by § 63.1501 if no initial
performance test is required. The
notification must be signed by the
responsible official who must certify its
accuracy. A complete notification of
compliance status report must include
the information specified in paragraphs
(a)(1) through (10) of this section. The
required information may be submitted
in an operating permit application, in an
amendment to an operating permit
application, in a separate submittal, or
in any combination. In a State with an
approved operating permit program
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Reports.
*
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(b) * * *
(3) * * *
(i) * * *
(A) For data collected using test
methods supported by the EPA’s
Electronic Reporting Tool (ERT) as
listed on the EPA’s ERT Web site
(https://www3.epa.gov/ttn/chief/ert/ert_
info.html), you must submit the results
of the performance test to the EPA via
the Compliance and Emissions Data
Reporting Interface (CEDRI). (CEDRI can
be accessed through the EPA’s Central
Data Exchange (CDX) (https://
cdx.epa.gov/).) Performance test data
must be submitted in a file format
generated through the use of the EPA’s
ERT or an alternate electronic file
format consistent with the extensible
markup language (XML) schema listed
on the EPA’s ERT Web site. If you claim
that some of the performance test
information being submitted is
confidential business information (CBI),
you must submit a complete file
generated through the use of the EPA’s
ERT or an alternate electronic file
consistent with the XML schema listed
on the EPA’s ERT Web site, including
information claimed to be CBI, on a
compact disc, flash drive, or other
commonly used electronic storage
media to the EPA. The electronic media
must be clearly marked as CBI and
mailed to U.S. EPA/OAQPS/CORE CBI
Office, Attention: Group Leader,
Measurement Policy Group, MD C404–
02, 4930 Old Page Rd., Durham, NC
27703. The same ERT or alternate file
with the CBI omitted must be submitted
to the EPA via the EPA’s CDX as
described earlier in this paragraph.
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(4) A malfunction report that is
required under paragraph (d) of this
section shall be submitted
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simultaneously with the semiannual
excess emissions/summary report
required by paragraph (b) of this section.
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(d) If there was a malfunction during
the reporting period, the owner or
operator must submit a report that
includes the emission unit ID, monitor
ID, pollutant or parameter monitored,
beginning date and time of the event,
end date and time of the event, cause of
the deviation or exceedance and
corrective action taken for each
malfunction which occurred during the
reporting period and which caused or
may have caused any applicable
emission limitation to be exceeded. The
report must include a list of the affected
source or equipment, an estimate of the
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Jkt 238001
quantity of each regulated pollutant
emitted over any emission limit, and a
description of the method used to
estimate the emissions, including, but
not limited to, product-loss calculations,
mass balance calculations,
measurements when available, or
engineering judgment based on known
process parameters. The report must
also include a description of actions
taken by an owner or operator during a
malfunction of an affected source to
minimize emissions in accordance with
§ 63.1506(a)(5).
*
*
*
*
*
9. Section 63.1517 is amended by
revising paragraph (b)(18)(ii) to read as
follows:
■
PO 00000
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§ 63.1517
38089
Records.
*
*
*
*
*
(b) * * *
(18) * * *
(ii) Records of actions taken during
periods of malfunction to minimize
emissions in accordance with
§ 63.1506(a)(5), including corrective
actions to restore malfunctioning
process and air pollution control and
monitoring equipment to its normal or
usual manner of operation.
*
*
*
*
*
■ 10. Table 1 to Subpart RRR of part 63
is revised to read as follows:
BILLING CODE 6560–50–P
E:\FR\FM\13JNR1.SGM
13JNR1
38090
Federal Register / Vol. 81, No. 113 / Monday, June 13, 2016 / Rules and Regulations
Table 1 to Subpart RRR of Part 63-Emission Standards for New and
Existing Affected Sources
Affected source/ Emission unit
All new and existing affected
sources and emission units that are
controlled with a PM add-on control
device and that choose to monitor
with a continuous opacity monitor
(COM); and all new and existing
aluminum scrap shredders that choose
to monitor with a COM or to monitor
visible emissions
New and existing aluminum scrap
shredder
New and existing thermal chip dryer
Pollutant
Opacity
Limit
10
Units
percent
PM
0.01
gr/dscf
THC
0/Fa
PM
HCl
THC
0/Fa
0.80
2.50
0.08
0.80
0.06
0.25
lb/ton of
j.lg TEQ/Mg
lb/ton of
lb/ton of
lb/ton of
j.lg TEQ/Mg
0.30
lb/ton of feed
lb/ton of feed
lb/ton of feed
j.lg TEQ/Mg of feed
ng TEQ/dscm
11% 02b
lb/ton of feed
lb/ton of feed
lb/ton of feed
Work practice: no
reactive fluxing
gr/dscf
Work practices:
clean charge only
and no reactive
fluxing
lb/ton of feed
lb/ton of feed
lb/ton of feed
New and existing scrap
dryer/delacquering kiln/decoating
kiln
feed
of feed
feed
feed
feed
of feed
Or
PM
HCl
THC
0/Fa
0/Fa
New and existing dross-only furnace
New and existing in-line fluxerc
PM
HCl
PM
New and existing in-line fluxer with
no reactive fluxing
New and existing rotary dross cooler
New and existing clean furnace
(Group 2)
New and existing group 1
melting/holding furnace (processing
only clean charge)c
mstockstill on DSK3G9T082PROD with RULES
New and existing group 1 furnacec
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PM
PM
HFh
HCl
PM
HFh
HCl
Fmt 4700
Sfmt 4725
1. 50
0.20
5.0
0.80
0.30
0.04
0.01
No
Limit
0.04
No
Limit
0.80
0.40
0.40
or
10
0.40
0.40
0.40
or
E:\FR\FM\13JNR1.SGM
percent of the HCl
upstream of the
add-on control
device
lb/ton of feed
lb/ton of feed
lb/ton of feed
13JNR1
ER13JN16.012
Alternative limits i f afterburner
has a design residence time of at
least 1 second and operates at a
temperature of at least 1400°F
New and existing sweat furnace
Federal Register / Vol. 81, No. 113 / Monday, June 13, 2016 / Rules and Regulations
Affected source/ Emission unit
Pollutant
D/Fa
PM
New and existing group 1 furnace
with clean charge onlyc
HFh
HCl
0/Fa
New and existing secondary aluminum
processing unita,ct (consists of all
existing group 1 furnaces and
existing in-line flux boxes at the
facility, or any combination of new
group 1 furnaces and new in-line
fluxers)
Limit
10
15.0
0.40
0.40
0.40
or
10
No
Limit
Units
percent of the HCl
upstream of the
add-on control
device
pg TEQ/Mg
lb/ton of
lb/ton of
lb/ton of
of feed
feed
feed
feed
percent of the HCl
upstream of an addon control device
Clean charge only
~(L xT)
L...J
= ...:i==lc____ _ __
l P!W
L /PM
38091
1
(Eq. 1)
HCl and
HFf,
h
L t HCJ!HF
(Eq.2)
~(L xr)
.L._.
= ...:i=-=1,___ _ _ __
1 DIF
L t DIF
l
(Eq. 3)
BILLING CODE 6560–50–C
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13JNR1
ER13JN16.013
mstockstill on DSK3G9T082PROD with RULES
i=l
a D/F llmlt applles to a unlt at a maJor or area source.
b Sweat furnaces equipped with afterburners meeting the specifications of
§ 63.1505(f) (1) are not required to conduct a performance test.
c These limits are also used to calculate the limits applicable to secondary
aluminum processing units.
ct Equation definitions: LiPM = the PM emission limit for individual emission
unit i in the secondary aluminum processing unit [kg/Mg (lb/ton) of feed];
Ti = the feed rate for individual emission unit i in the secondary aluminum
processing unit; LtPM = the overall PM emission limit for the secondary
aluminum processing unit [kg/Mg (lb/ton) of feed]; LiHCl/HF = the HCl or HF
emission limit for individual emission unit i in the secondary aluminum
processing unit [kg/Mg (lb/ton) of feed]; LtHcl/HF = the overall HCl or HF
emission limit for the secondary aluminum processing unit [kg/Mg (lb/ton) of
feed]; LiD/F = the D/F emission limit for individual emission unit i [pg
(TEQ)/Mg (gr TEQ/ton) of feed]; LtNF =the overall D/F emission limit for
the secondary aluminum processing unit [pg TEQ/Mg (gr TEQ/ton) of feed]; n
the number of units in the secondary aluminum processing unit.
e In-line fluxers using no reactive flux materials cannot be included in this
calculation since they are not subject to the PM limit.
f
In-line fluxers using no reactive flux materials cannot be included in this
calculation since they are not subject to the HCl and HF limit. Controlled
group 1 furnaces cannot be included in the HF emissions calculation because
they are not subject to HF limits.
9 Clean charge furnaces cannot be included in this calculation since they are
not subject to the D/F limit.
h HF limits apply only to uncontrolled group 1 furnaces.
38092
Federal Register / Vol. 81, No. 113 / Monday, June 13, 2016 / Rules and Regulations
11. Table 2 to Subpart RRR of part 63
is amended by revising the entry
■
‘‘Group 1 furnace without add-on air
pollution controls (including those that
are part of a secondary aluminum
processing unit)’’ to read as follows:
TABLE 2 TO SUBPART RRR OF PART 63—SUMMARY OF OPERATING REQUIREMENTS FOR NEW AND EXISTING AFFECTED
SOURCES AND EMISSION UNITS
Affected source/emission unit
Monitor type/operation/process
*
*
Group 1 furnace without add-on air
pollution controls (including those
that are part of a secondary aluminum processing unit).
*
*
*
*
*
*
*
*
Reactive flux injection rate .......... Maintain the total reactive chlorine flux injection rate and total reactive
fluorine flux injection rate for each operating cycle or time period
used in the performance test at or below the average rate established during the performance test.
*
*
*
Operating requirements
*
*
*
*
a. Revising the entry ‘‘In-line fluxer
with lime-injected fabric filter;’’
■ b. Revising the entry ‘‘Group 1 furnace
with lime-injected fabric filter:’’ and
■
12. Table 3 to Subpart RRR of part 63
is amended by:
■
*
■
*
c. Revising footnote d to Table 3.
The revisions read as follows:
TABLE 3 TO SUBPART RRR OF PART 63—SUMMARY OF MONITORING REQUIREMENTS FOR NEW AND EXISTING AFFECTED
SOURCES AND EMISSION UNITS
Affected source/emission unit
Monitor type/operation/process
Operating requirements
*
*
*
*
*
Bag leak detector or .................... Install and operate in accordance with manufacturer’s operating instructions.
COM ............................................ Design and install in accordance with PS–1; collect data in accordance
with subpart A of 40 CFR part 63; determine and record 6-minute
block averages.
Reactive flux injection rate .......... Weight measurement device accuracy of ±1%; b calibrate according to
manufacturer’s specifications or at least once every 6 months; record
time, weight and type of reactive flux added or injected for each 15minute block period while reactive fluxing occurs; calculate and
record total reactive chlorine flux injection rate and the total reactive
fluorine flux injection rate for each operating cycle or time period
used in performance test; or Alternative flux injection rate determination procedure per § 63.1510(j)(5). For solid flux added intermittently,
record the amount added for each operating cycle or time period
used in the performance test.
*
*
Group 1 furnace with lime-injected
fabric filter.
mstockstill on DSK3G9T082PROD with RULES
*
*
In-line fluxer with lime-injected fabric filter.
*
*
*
*
*
Bag leak detector or .................... Install and operate in accordance with manufacturer’s operating instructions.
COM ............................................ Design and install in accordance with PS–1; collect data in accordance
with subpart A of 40 part CFR 63; determine and record 6-minute
block averages.
Lime injection rate ....................... For continuous injection systems, record feeder setting daily and inspect each feed hopper or silo every 8 hours to verify that lime is
free-flowing; record results of each inspection. If blockage occurs, inspect every 4 hours for 3 days; return to 8-hour inspections if corrective action results in no further blockage during 3-day period.c Verify
monthly that the lime injection rate is no less than 90 percent of the
rate used during the compliance demonstration test.
Reactive flux injection rate .......... Weight measurement device accuracy of ±1%; b calibrate every 3
months; record weight and type of reactive flux added or injected for
each 15-minute block period while reactive fluxing occurs; calculate
and record total reactive chlorine flux injection rate and the total reactive fluorine flux injection rate for each operating cycle or time period used in performance test; or Alternative flux injection rate determination procedure per § 63.1510(j)(5). For solid flux added intermittently, record the amount added for each operating cycle or time period used in the performance test.
*
*
*
*
*
*
*
*
*
*
*
*
*
*
agency may approve measurement devices of alternative accuracy, for example in cases where flux rates are very low and costs
of meters of specified accuracy are prohibitive; or where feed/charge weighing devices of specified accuracy are not practicable due to equipment layout or charging practices.
b Permitting
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13JNR1
Federal Register / Vol. 81, No. 113 / Monday, June 13, 2016 / Rules and Regulations
38093
c Permitting authority for major sources, or the Administrator for area sources may approve other alternatives including load cells for lime hopper weight, sensors for carrier gas pressure, or HCl monitoring devices at fabric filter outlet.
d The frequency of volumetric flow rate measurements may be decreased to once every 5 years if daily differential pressure measures, daily
fan RPM, or daily fan motor amp measurements are made in accordance with § 63.1510(d)(2)(ii)–(iii). The frequency of annual verification of a
permanent total enclosure may be decreased to once every 5 years if negative pressure measurements in the enclosure are made daily in accordance with § 63.1510(d)(2)(iv). In lieu of volumetric flow rate measurements or verification of permanent total enclosure, sweat furnaces may
demonstrate annually negative air flow into the sweat furnace opening in accordance with § 63.1510(d)(3).
*
*
*
*
*
*
*
13. Revise Appendix A to Subpart
RRR of part 63 to read as follows:
■
APPENDIX A TO SUBPART RRR OF PART 63—GENERAL PROVISIONS APPLICABILITY TO SUBPART RRR
Citation
Requirement
Applies to RRR
§ 63.1(a)(1)–(4) ..........................
§ 63.1(a)(5) .................................
§ 63.1(a)(6) .................................
§ 63.1(a)(7)–(9) ..........................
§ 63.1(a)(10)–(12) ......................
§ 63.1(b) .....................................
§ 63.1(c)(1) .................................
General Applicability ......................
........................................................
........................................................
........................................................
........................................................
Initial Applicability Determination ...
Applicability After Standard Established.
........................................................
Yes.
No ...................................................
Yes.
No ...................................................
Yes.
Yes .................................................
Yes.
........................................................
........................................................
........................................................
Applicability of Permit Program .....
Definitions ......................................
Units and Abbreviations .................
Prohibited Activities ........................
........................................................
Circumvention ................................
Fragmentation ................................
Applicability of Preconstruction Review and Notification.
Requirements for Existing, Newly,
Constructed Sources and Reconstructed Sources.
........................................................
........................................................
........................................................
........................................................
........................................................
Application for Approval of Construction or Reconstruction.
Approval of Construction or Reconstruction.
Approval of Construction or Reconstruction Based on Prior
State Preconstruction Review.
Applicability for Compliance with
Standards and Maintenance Requirements.
Compliance Dates for New and
Reconstructed Sources.
........................................................
........................................................
Compliance Dates for Existing
Sources.
........................................................
........................................................
........................................................
........................................................
Operation and Maintenance Requirements.
No ...................................................
Yes.
No ...................................................
Yes.
Yes .................................................
Yes.
Yes.
No ...................................................
Yes.
Yes.
Yes.
§ 63.1(c)(2) .................................
§ 63.1(c)(3)–(4) ..........................
§ 63.1(c)(5) .................................
§ 63.1(d) .....................................
§ 63.1(e) .....................................
§ 63.2 .........................................
§ 63.3 .........................................
§ 63.4(a)(1)–(2) ..........................
§ 63.4(a)(3)–(5) ..........................
§ 63.4(b) .....................................
§ 63.4(c) .....................................
§ 63.5(a) .....................................
§ 63.5(b)(1) .................................
§ 63.5(b)(2) .................................
§ 63.5(b)(3)–(4) ..........................
§ 63.5(b)(5) .................................
§ 63.5(b)(6) .................................
§ 63.5(c) .....................................
§ 63.5(d) .....................................
§ 63.5(e) .....................................
§ 63.5(f) ......................................
§ 63.6(a) .....................................
§ 63.6(b)(1)–(5) ..........................
mstockstill on DSK3G9T082PROD with RULES
§ 63.6(b)(6) .................................
§ 63.6(b)(7) .................................
§ 63.6(c)(1) .................................
§ 63.6(c)(2) .................................
§ 63.6(c)(3)–(4) ..........................
§ 63.6(c)(5) .................................
§ 63.6(d) .....................................
§ 63.6(e)(1)(i) .............................
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Comment
Yes .................................................
[Reserved].
[Reserved].
EPA retains approval authority.
§ 63.1500(e)
exempts
area
sources subject to this subpart
from the obligation to obtain Title
V operating permits.
[Reserved].
[Reserved].
Additional definitions in § 63.1503.
[Reserved].
Yes.
No ...................................................
Yes.
No ...................................................
Yes.
No ...................................................
Yes.
[Reserved].
[Reserved].
[Reserved].
Yes.
Yes.
Yes.
Yes .................................................
§ 63.1501 specifies dates.
No ...................................................
Yes.
Yes .................................................
[Reserved].
Yes.
No ...................................................
Yes.
No ...................................................
No ...................................................
Sfmt 4700
E:\FR\FM\13JNR1.SGM
§ 63.1501 specifies dates.
[Reserved].
[Reserved].
See § 63.1506(a)(5) for general
duty requirement. Any other
cross reference to § 63.6(3)(1)(i)
in any other general provision
referenced shall be treated as a
cross
reference
to
§ 63.1506(a)(5).
13JNR1
38094
Federal Register / Vol. 81, No. 113 / Monday, June 13, 2016 / Rules and Regulations
APPENDIX A TO SUBPART RRR OF PART 63—GENERAL PROVISIONS APPLICABILITY TO SUBPART RRR—Continued
Citation
Requirement
Applies to RRR
§ 63.6(e)(1)(ii) .............................
§ 63.6(e)(2) .................................
§ 63.6(e)(3) .................................
........................................................
........................................................
Startup, Shutdown, and Malfunction Plan.
Compliance with Nonopacity Emission Standards.
........................................................
Use of an Alternative Nonopacity
Emission Standard.
Applicability for Compliance with
Opacity and Visible Emission
Standards.
Methods for Determining Compliance.
........................................................
........................................................
Extension of Compliance ...............
........................................................
........................................................
Exemption from Compliance ..........
Applicability and Performance Test
Dates.
No.
No ...................................................
No.
Notification of Performance Test ...
Quality Assurance Program ...........
Performance Testing Facilities ......
Conduct of Performance Tests ......
........................................................
........................................................
Use of an Alternative Test Method
Data Analysis, Recordkeeping, and
Reporting.
Waiver of Performance Tests ........
Applicability for Monitoring Requirements.
........................................................
........................................................
........................................................
Conduct of Monitoring ....................
Operation and Maintenance of
Continuous Monitoring Systems
(CMS).
........................................................
........................................................
........................................................
Quality Control Program ................
........................................................
Yes.
Yes.
Yes.
No.
Yes.
Yes.
Yes.
Yes .................................................
§ 63.6(f)(1) ..................................
§ 63.6(f)(2) ..................................
§ 63.6(g) .....................................
§ 63.6(h)(1) .................................
§ 63.6(h)(2) .................................
§ 63.6(h)(3) .................................
§ 63.6(h)(4)–(9) ..........................
§ 63.6(i)(1)–(14) .........................
§ 63.6(i)(15) ................................
§ 63.6(i)(16) ................................
§ 63.6(j) ......................................
§ 63.7(a) .....................................
§ 63.7(b) .....................................
§ 63.7(c) .....................................
§ 63.7(d) .....................................
§ 63.7(e)(1) .................................
§ 63.7(e)(2) .................................
§ 63.7(e)(3) .................................
§ 63.7(f) ......................................
§ 63.7(g)(1)–(3) ..........................
§ 63.7(h)(1)–(5) ..........................
§ 63.8(a)(1) .................................
§ 63.8(a)(2) .................................
§ 63.8(a)(3) .................................
§ 63.8(a)(4) .................................
§ 63.8(b) .....................................
§ 63.8(c)(1)(i) ..............................
§ 63.8(c)(1)(ii) .............................
§ 63.8(c)(1)(iii) ............................
§ 63.8(c)(2)–(8) ..........................
§ 63.8(d)(1)–(2) ..........................
§ 63.8(d)(3) .................................
§ 63.8(e) .....................................
§ 63.8(f)(1)–(5) ...........................
§ 63.8(f)(6) ..................................
§ 63.8(g)(1) .................................
§ 63.8(g)(2) .................................
mstockstill on DSK3G9T082PROD with RULES
§ 63.8(g)(3)–(5) ..........................
§ 63.9(a) .....................................
§ 63.9(b)(1)–(5) ..........................
§ 63.9(c) .....................................
§ 63.9(d) .....................................
§ 63.9(e) .....................................
§ 63.9(f) ......................................
§ 63.9(g) .....................................
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Performance Evaluation of CMS ...
Use of an Alternative Monitoring
Method.
Alternative to the Relative Accuracy Test.
Reduction of Monitoring Data ........
........................................................
........................................................
Applicability and General Information for Notification Requirements.
Initial Notifications ..........................
Request for Compliance Extension
Notification that Source is Subject
to Special Compliance Requirements.
Notification of Performance Test ...
Notification of Opacity and Visible
Emission Observations.
Additional Notification Requirement
for Sources with CMS.
Jkt 238001
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Comment
[Reserved].
No.
Yes.
No.
No.
Yes.
No ...................................................
Yes.
Yes.
No ...................................................
Yes.
Yes.
Yes .................................................
[Reserved].
[Reserved].
Except
dates
tests.
§ 63.1511
for initial
establishes
performance
Except for § 63.7(g)(2), which is reserved.
Yes.
Yes.
Yes.
No ...................................................
Yes.
Yes.
No ...................................................
Yes.
No.
Yes.
Yes.
Yes, except for last sentence,
which refers to an SSM plan.
SSM plans are not required.
Yes.
No ...................................................
[Reserved].
See § 63.1506(a)(5) for general
duty requirement.
§ 63.1501(w) includes provisions
for monitoring alternatives.
Yes.
Yes.
No ...................................................
§ 63.1512 requires five 6-minute
averages for an aluminum scrap
shredder.
Yes.
Yes.
Yes .................................................
Yes.
Yes.
Except § 63.9(b)(3) is reserved.
Yes.
Yes.
Yes.
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Federal Register / Vol. 81, No. 113 / Monday, June 13, 2016 / Rules and Regulations
38095
APPENDIX A TO SUBPART RRR OF PART 63—GENERAL PROVISIONS APPLICABILITY TO SUBPART RRR—Continued
Citation
Requirement
Applies to RRR
Comment
§ 63.9(h)(1)–(3) ..........................
Notification of Compliance Status ..
Yes .................................................
§ 63.9(h)(4) .................................
§ 63.9(h)(5)–(6) ..........................
§ 63.9(i) ......................................
........................................................
........................................................
Adjustment of Deadlines for Required Communications.
Change in Information Already
Provided.
Applicability and General Information for Recordkeeping and Reporting Requirements.
General Recordkeeping Requirements.
........................................................
........................................................
No ...................................................
Yes.
Yes.
Except
§ 63.1515
establishes
dates notification of compliance
status reports.
[Reserved].
Yes.
§ 63.12(a)–(c) .............................
Recordkeeping Requirement for
Applicability Determinations.
Additional Recordkeeping Requirements for Sources with CMS.
........................................................
........................................................
........................................................
........................................................
........................................................
........................................................
........................................................
........................................................
General Reporting Requirements ..
Reporting Results of Performance
Tests.
Reporting Results of Opacity or
Visible Emission Observations.
Progress Reports ...........................
Periodic Startup, Shutdown, and
Malfunction Reports.
Additional Reporting Requirements
for Sources with CMS.
Excess Emissions and CMS Performance Report and Summary
Report.
Continuous Opacity Monitoring
System (COMS) Data Produced
During a Performance Test.
Waiver of Recordkeeping or Reporting Requirements.
Control Device and Work Practice
Requirements.
State Authority and Delegations ....
§ 63.13 .......................................
§ 63.14 .......................................
Addresses ......................................
Incorporations by Reference ..........
Yes.
Yes .................................................
§ 63.15 .......................................
Availability of Information and Confidentiality.
Performance Track Provisions .......
Yes.
§ 63.9(j) ......................................
§ 63.10(a) ...................................
§ 63.10(b)(1) ...............................
§ 63.10(b)(2)(i), (ii), (iv), (v) ........
§ 63.10(b)(2)(iii), (vi)–(xiv) ..........
§ 63.10(b)(3) ...............................
§ 63.10(c)(1) ...............................
§ 63.10(c)(2)–(4) ........................
§ 63.10(c)(5) ...............................
§ 63.10(c)(6) ...............................
§ 63.10(c)(7)–(8) ........................
§ 63.10(c)(9) ...............................
§ 63.10(c)(10)–(13) ....................
§ 63.10(c)(14) .............................
§ 63.10(c)(15) .............................
§ 63.10(d)(1) ...............................
§ 63.10(d)(2) ...............................
§ 63.10(d)(3) ...............................
§ 63.10(d)(4) ...............................
§ 63.10(d)(5) ...............................
§ 63.10(e)(1)–(2) ........................
§ 63.10(e)(3) ...............................
§ 63.10(e)(4) ...............................
§ 63.10(f) ....................................
§ 63.11(a)–(e) .............................
mstockstill on DSK3G9T082PROD with RULES
§ 63.16 .......................................
Yes.
Yes.
Yes.
No.
Yes .................................................
§ 63.1517 includes additional requirements.
Yes.
No ...................................................
Yes.
Yes.
Yes.
No ...................................................
Yes.
Yes.
No.
Yes.
Yes.
[Reserved].
[Reserved].
Yes.
No ...................................................
No ...................................................
See § 63.1516(d).
See § 63.1516(d).
Yes.
Yes .................................................
Reporting
deadline
§ 63.1516.
Yes.
No ...................................................
Flares not applicable.
Yes .................................................
EPA retains authority for applicability determinations.
ACGIH Guidelines, ASTM D7520–
13, and Interim Procedures for
Estimating Risks Associated with
Exposures
to
Mixtures
of
Chlorinated
Dibenzo-p-Dioxins
and -Dibenzofurans (CDDs and
CDFs) and 1989 Update.
No.
BILLING CODE 6560–50–P
16:33 Jun 10, 2016
Jkt 238001
PO 00000
Frm 00035
Fmt 4700
in
Yes.
[FR Doc. 2016–13505 Filed 6–10–16; 8:45 am]
VerDate Sep<11>2014
given
Sfmt 9990
E:\FR\FM\13JNR1.SGM
13JNR1
Agencies
[Federal Register Volume 81, Number 113 (Monday, June 13, 2016)]
[Rules and Regulations]
[Pages 38085-38095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13505]
[[Page 38085]]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[EPA-HQ-OAR-2010-0544; FRL-9947-30-OAR]
RIN 2060-AS94
National Emission Standards for Hazardous Air Pollutants for
Secondary Aluminum Production
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to amend the National Emission Standards for Hazardous Air
Pollutants for Secondary Aluminum Production (Secondary Aluminum
NESHAP). This direct final rule amends the final rule that was
published in the Federal Register on September 18, 2015, by correcting
inadvertent errors, clarifying rule requirements for initial
performance tests and submittal of malfunction reports, providing an
additional option for new round top furnaces to account for unmeasured
emissions during compliance testing, and clarifying what constitutes a
change in furnace operating mode. The direct final rule also updates
Web site addresses for the EPA's Electronic Reporting Tool (ERT) and
the Compliance and Emissions Data Reporting Interface (CEDRI). These
amendments will help to improve compliance and implementation of the
rule.
DATES: This rule is effective on September 12, 2016 without further
notice, unless the EPA receives adverse comment by July 28, 2016 If the
EPA receives adverse comment, we will publish a timely withdrawal in
the Federal Register informing the public that the rule will not take
effect.
Public Hearing. If anyone contacts the EPA requesting to speak at a
public hearing by June 20, 2016 we will hold a public hearing on June
28, 2016 on the EPA campus at 109 T.W. Alexander Drive, Research
Triangle Park, North Carolina.
ADDRESSES: Comments. Submit your comments, identified by Docket ID No.
EPA-HQ-OAR-2010-0544, at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the Web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Ms. Rochelle Boyd, Sector Policies and
Programs Division (D243-02), Office of Air Quality Planning and
Standards, U.S. Environmental Protection Agency, Research Triangle
Park, North Carolina 27711; telephone number: (919) 541-1390; fax
number: (919) 541-3207; and email address: boyd.rochelle@epa.gov.
SUPPLEMENTARY INFORMATION:
Organization of This Document. The information in this preamble is
organized as follows:
I. General Information
A. Why is the EPA publishing a direct final rule?
B. Does this direct final rule apply to me?
C. What should I consider as I prepare my comments for the EPA?
II. What are the amendments made by this direct final rule?
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
B. Paperwork Reduction Act (PRA)
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act (UMRA)
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 Risks and Safety Risks
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act (NTTAA)
J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
K. Congressional Review Act (CRA)
I. General Information
A. Why is the EPA publishing a direct final rule?
The EPA is publishing this direct final rule without a prior
proposed rule because we view this as a noncontroversial action and
anticipate no adverse comment. However, in the ``Proposed Rules''
section of this Federal Register, we are publishing a separate document
that will serve as the proposed rule to amend the Secondary Aluminum
NESHAP, if adverse comments are received on this direct final rule. We
will not institute a second comment period on this action. Any parties
interested in commenting must do so at this time. For further
information about commenting on this rule, see the ADDRESSES section of
this document.
If the EPA receives adverse comment on all or a distinct portion of
this direct final rule, we will publish a timely withdrawal in the
Federal Register informing the public that some or all of this direct
final rule will not take effect. We would address all public comments
in any subsequent final rule based on the proposed rule.
B. Does this direct final rule apply to me?
Categories and entities potentially regulated by this direct final
rule include:
------------------------------------------------------------------------
Category NAICS code \1\
------------------------------------------------------------------------
Primary Aluminum Production Facilities... 331312
Secondary Aluminum Production Facilities. 331314
Aluminum Sheet, Plate, and Foil 331315
Manufacturing Facilities.
Aluminum Extruded Product Manufacturing 331316
Facilities.
Other Aluminum Rolling and Drawing 331319
Facilities.
Aluminum Die Casting Facilities.......... 331521
Aluminum Foundry Facilities.............. 331524
------------------------------------------------------------------------
\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 regulated by this
direct final rule. To determine whether your facility is affected, you
should examine the applicability criteria in 40 CFR 63.1500. If you
have any questions regarding the applicability of any aspect of this
action to a particular entity, consult either the air permitting
authority for the entity or your EPA Regional representative as listed
in 40 CFR 63.13.
[[Page 38086]]
C. What should I consider as I prepare my comments for the EPA?
Do not submit information containing CBI to the EPA through https://www.regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information on a disk or
CD-ROM that you mail to the 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 comments that includes information claimed as
CBI, a copy of the comments 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. Send or deliver information
identified as CBI only to the following address: OAQPS Document Control
Officer (C404-02), OAQPS, U.S. Environmental Protection Agency,
Research Triangle Park, North Carolina 27711, Attention Docket ID No.
EPA-HQ-OAR-2010-0544.
II. What are the amendments made by this direct final rule?
This direct final rule amends the table in Appendix A titled
``Appendix A to Subpart RRR of Part 63--General Provisions
Applicability to Subpart RRR.'' As published in the Federal Register on
September 18, 2015, the table consisted of three columns labeled
``Citation,'' ``Applies to RRR,'' and ``Comment.'' The EPA had intended
to include a fourth column labeled ``Requirement,'' but this column was
inadvertently omitted from the September 18, 2015, publication in the
Federal Register. We are revising the table by adding a column labeled
``Requirement,'' which contains a brief description of the cited
General Provision and republishing the entire table with appropriate
updated information and clarifications. This amendment will provide
additional information to the public on the content of the General
Provision citations.
In response to stakeholder feedback, this direct final rule also
amends 40 CFR 63.1514(e), which contains the limits on the frequency of
changing furnace operating mode. The amendment clarifies that a change
from one operating mode and subsequently back to the initial mode
constitutes a single change. With respect to the options available to
new round top furnaces to account for unmeasured emissions during
compliance testing, this direct final rule also amends 40 CFR
63.1512(e)(5) to extend to new round top furnaces a compliance testing
option to account for unmeasured emissions during compliance testing
that is already available to uncontrolled group 1 furnaces. With this
amendment, new round top furnaces will now have the option of assuming
an 80-percent capture efficiency for the furnace exhaust during
testing. We are adding 40 CFR 63.1516(b)(4) of the reporting
requirements to clarify that malfunction reports required by 40 CFR
63.1516(d) must be submitted as part of the semiannual excess
emissions/summary reports required by 40 CFR 63.1516(b). With respect
to reconstructed sources, we are revising 40 CFR 63.1511(b) to clarify
that under this provision reconstructed sources will be treated like
new sources. In addition to correcting several minor typographical
errors, we are correcting the inadvertent deletion of 40 CFR
63.1510(e)(1) and (2) from the regulatory text. These provisions relate
to equipment accuracy and calibration and were previously codified when
the Secondary Aluminum NESHAP was originally promulgated in 2000. The
September 18, 2015, action mistakenly removed these provisions. This
rulemaking replaces these provisions in the regulatory text to ensure
that the regulated community has a clear understanding of the
applicable compliance requirements.
III. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at https://www2.epa.gov/laws-regulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was,
therefore, not submitted to the Office of Management and Budget (OMB)
for review.
B. Paperwork Reduction Act (PRA)
This action does not impose any new information collection burden
under the PRA. OMB has previously approved the information collection
activities contained in the existing regulation (40 CFR part 63,
subpart RRR), and has assigned OMB control number 2060-0433. This
action does not change the information collection requirements.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities. This action
does not create any new requirements or burdens and no costs are
associated with this direct final action.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments.
The action imposes no enforceable duty on any state, local, or
tribal governments or the private sector.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will 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.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175. There are no secondary aluminum production
facilities owned or operated by tribal governments. Thus, Executive
Order 13175 does not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it does not concern an environmental
health risk or safety risk.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211 because it is
not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act (NTTAA)
This rulemaking does not involve technical standards.
[[Page 38087]]
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
The EPA believes the human health or environmental risk addressed
by this section will not have potential disproportionately high and
adverse human health or environmental effects on minority, low-income,
or indigenous populations. This action does not affect the level of
protection provided to human health or the environment. The final
amendments are either clarifications or corrections of compliance
alternatives that will neither increase or decrease environmental
protection.
K. Congressional Review Act (CRA)
This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).
List of Subjects in 40 CFR Part 63
Environmental protection, Administrative practice and procedures,
Air pollution control, Hazardous substances, Intergovernmental
relations, Reporting and recordkeeping requirements.
Dated: May 27, 2016.
Gina McCarthy,
Administrator.
For the reasons stated in the preamble, the Environmental
Protection Agency is amending title 40, chapter I, part 63 of the Code
of Federal Regulations (CFR) as follows:
PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
FOR SOURCE CATEGORIES
0
1. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
Subpart RRR--National Emission Standards for Hazardous Air
Pollutants for Secondary Aluminum Production
0
2. Section 63.1510 is amended by revising paragraph (b) introductory
text and adding paragraphs (e)(1) and (2) to read as follows:
Sec. 63.1510 Monitoring requirements.
* * * * *
(b) Operation, maintenance, and monitoring (OM&M) plan. The owner
or operator must prepare and implement for each new or existing
affected source and emission unit, a written OM&M plan. The owner or
operator of an existing affected source must submit the OM&M plan to
the permitting authority for major sources, or the Administrator for
area sources no later than the compliance date established by Sec.
63.1501. The owner or operator of any new affected source must submit
the OM&M plan to the permitting authority for major sources, or the
Administrator for area sources within 90 days after a successful
initial performance test under Sec. 63.1511(b), or within 90 days
after the compliance date established by Sec. 63.1501 if no initial
performance test is required. The plan must be accompanied by a written
certification by the owner or operator that the OM&M plan satisfies all
requirements of this section and is otherwise consistent with the
requirements of this subpart. The owner or operator must comply with
all of the provisions of the OM&M plan as submitted to the permitting
authority for major sources, or the Administrator for area sources,
unless and until the plan is revised in accordance with the following
procedures. If the permitting authority for major sources, or the
Administrator for area sources determines at any time after receipt of
the OM&M plan that any revisions of the plan are necessary to satisfy
the requirements of this section or this subpart, the owner or operator
must promptly make all necessary revisions and resubmit the revised
plan. If the owner or operator determines that any other revisions of
the OM&M plan are necessary, such revisions will not become effective
until the owner or operator submits a description of the changes and a
revised plan incorporating them to the permitting authority for major
sources, or the Administrator for area sources. Each plan must contain
the following information:
* * * * *
(e) * * *
(1) The accuracy of the weight measurement device or procedure must
be 1 percent of the weight being measured. The owner or
operator may apply to the permitting agency for approval to use a
device of alternative accuracy if the required accuracy cannot be
achieved as a result of equipment layout or charging practices. A
device of alternative accuracy will not be approved unless the owner or
operator provides assurance through data and information that the
affected source will meet the relevant emission standard.
(2) The owner or operator must verify the calibration of the weight
measurement device in accordance with the schedule specified by the
manufacturer, or if no calibration schedule is specified, at least once
every 6 months.
* * * * *
0
3. Section 63.1511 is amended by revising paragraph (b) introductory
text and paragraph (i) heading to read as follows:
Sec. 63.1511 Performance test/compliance demonstration general
requirements.
* * * * *
(b) Initial performance test. Following approval of the site-
specific test plan, the owner or operator must demonstrate initial
compliance with each applicable emission, equipment, work practice, or
operational standard for each affected source and emission unit, and
report the results in the notification of compliance status report as
described in Sec. 63.1515(b). The owner or operator of any affected
source constructed before February 14, 2012, for which an initial
performance test is required to demonstrate compliance must conduct
this initial performance test no later than the date for compliance
established by Sec. 63.1501. The owner or operator of any affected
source constructed or reconstructed after February 14, 2012, for which
an initial performance test is required must conduct this initial
performance test within 180 days after the date for compliance
established by Sec. 63.1501. Except for the date by which the
performance test must be conducted, the owner or operator must conduct
each performance test in accordance with the requirements and
procedures set forth in Sec. 63.7(c). Owners or operators of affected
sources located at facilities which are area sources are subject only
to those performance testing requirements pertaining to D/F. Owners or
operators of sweat furnaces meeting the specifications of Sec.
63.1505(f)(1) are not required to conduct a performance test.
* * * * *
(i) Testing of commonly-ducted units not within a secondary
aluminum processing unit. * * *
* * * * *
0
4. Section 63.1512 is amended by revising paragraph (e)(4) introductory
text, paragraph (e)(4)(v), and paragraph (e)(5) to read as follows:
Sec. 63.1512 Performance test/compliance demonstration requirements
and procedures.
* * * * *
(e) * * *
(4) When testing an existing uncontrolled furnace, the owner or
operator must comply with the requirements of either paragraphs
[[Page 38088]]
(e)(4)(i), (ii), or (iii) of this section at the next required
performance test required by Sec. 63.1511(e).
* * * * *
(v) Round top furnaces constructed before February 14, 2012, and
reconstructed round top furnaces are exempt from the requirements of
paragraphs (e)(4)(i), (ii), and (iii) of this section. Round top
furnaces must be operated to minimize unmeasured emissions according to
paragraph (e)(7) of this section.
(5) When testing a new uncontrolled furnace, other than a new round
top furnace, constructed after February 14, 2012, the owner or operator
must comply with the requirements of paragraph (e)(5)(i) or (ii) of
this section at the next required performance test required by Sec.
63.1511(e). When testing a new round top furnace constructed after
February 14, 2012, the owner or operator must comply with the
requirements of either paragraphs (e)(5)(i), (ii), or (iii) of this
section at the next required performance test required by Sec.
63.1511(e).
(i) Install hooding that meets ACGIH Guidelines (incorporated by
reference, see Sec. 63.14), or
(ii) At least 180 days prior to testing petition the permitting
authority for major sources, or the Administrator for area sources,
that such hoods are impractical under the provisions of paragraph
(e)(6) of this section and propose testing procedures that will
minimize unmeasured emissions during the performance test according to
the paragraph (e)(7) of this section, or
(iii) Assume an 80-percent capture efficiency for the furnace
exhaust (i.e., multiply emissions measured at the furnace exhaust
outlet by 1.25). If the source fails to demonstrate compliance using
the 80-percent capture efficiency assumption, the owner or operator
must re-test with a hood that meets the ACGIH Guidelines within 180
days, or petition the permitting authority for major sources, or the
Administrator for area sources, within 180 days that such hoods are
impractical under the provisions of paragraph (e)(6) of this section
and propose testing procedures that will minimize unmeasured emissions
during the performance test according to paragraph (e)(7) of this
section.
(iv) The 80-percent capture efficiency assumption is not applicable
in the event of testing conducted under an approved petition submitted
pursuant to paragraphs (e)(5)(ii) or (iii) of this section.
* * * * *
0
5. Section 63.1513 is amended by revising paragraph (f)(2) to read as
follows:
Sec. 63.1513 Equations for determining compliance.
* * * * *
(f) * * *
(2) For periods of startup and shutdown, divide your measured
emissions in lb/hr or [micro]g/hr or ng/hr by the feed/charge rate in
tons/hr or Mg/hr from your most recent performance test associated with
a production rate greater than zero, or the rated capacity of the
affected source if no prior performance test data are available.
0
6. Section 63.1514 is amended by revising paragraphs (e) heading and
(e)(1) to read as follows:
Sec. 63.1514 Change of furnace classification.
* * * * *
(e) Limit on frequency of changing furnace operating mode. (1) A
change in furnace operating mode, which consists of changing from one
furnace operating mode to another and subsequently back to the initial
operating mode, as provided in paragraphs (a) through (d) of this
section, may not be done more frequently than 4 times in any 6-month
period unless you receive approval from the permitting authority or
Administrator for additional changes pursuant to paragraph (e)(2).
* * * * *
0
7. Section 63.1515 is amended by revising paragraph (b) introductory
text to read as follows:
Sec. 63.1515 Notifications.
* * * * *
(b) Notification of compliance status report. Each owner or
operator of an existing affected source must submit a notification of
compliance status report within 60 days after the compliance date
established by Sec. 63.1501. Each owner or operator of a new affected
source must submit a notification of compliance status report within 90
days after conducting the initial performance test required by Sec.
63.1511(b), or within 90 days after the compliance date established by
Sec. 63.1501 if no initial performance test is required. The
notification must be signed by the responsible official who must
certify its accuracy. A complete notification of compliance status
report must include the information specified in paragraphs (a)(1)
through (10) of this section. The required information may be submitted
in an operating permit application, in an amendment to an operating
permit application, in a separate submittal, or in any combination. In
a State with an approved operating permit program where delegation of
authority under section 112(l) of the CAA has not been requested or
approved, the owner or operator must provide duplicate notification to
the applicable Regional Administrator. If an owner or operator submits
the information specified in this section at different times or in
different submittals, later submittals may refer to earlier submittals
instead of duplicating and resubmitting the information previously
submitted. A complete notification of compliance status report must
include:
* * * * *
0
8. Section 63.1516 is amended by revising paragraph (b)(3)(i)(A),
adding paragraph (b)(4), and revising paragraph (d) to read as follows:
Sec. 63.1516 Reports.
* * * * *
(b) * * *
(3) * * *
(i) * * *
(A) For data collected using test methods supported by the EPA's
Electronic Reporting Tool (ERT) as listed on the EPA's ERT Web site
(https://www3.epa.gov/ttn/chief/ert/ert_info.html), you must submit the
results of the performance test to the EPA via the Compliance and
Emissions Data Reporting Interface (CEDRI). (CEDRI can be accessed
through the EPA's Central Data Exchange (CDX) (https://cdx.epa.gov/).)
Performance test data must be submitted in a file format generated
through the use of the EPA's ERT or an alternate electronic file format
consistent with the extensible markup language (XML) schema listed on
the EPA's ERT Web site. If you claim that some of the performance test
information being submitted is confidential business information (CBI),
you must submit a complete file generated through the use of the EPA's
ERT or an alternate electronic file consistent with the XML schema
listed on the EPA's ERT Web site, including information claimed to be
CBI, on a compact disc, flash drive, or other commonly used electronic
storage media to the EPA. The electronic media must be clearly marked
as CBI and mailed to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group
Leader, Measurement Policy Group, MD C404-02, 4930 Old Page Rd.,
Durham, NC 27703. The same ERT or alternate file with the CBI omitted
must be submitted to the EPA via the EPA's CDX as described earlier in
this paragraph.
* * * * *
(4) A malfunction report that is required under paragraph (d) of
this section shall be submitted
[[Page 38089]]
simultaneously with the semiannual excess emissions/summary report
required by paragraph (b) of this section.
* * * * *
(d) If there was a malfunction during the reporting period, the
owner or operator must submit a report that includes the emission unit
ID, monitor ID, pollutant or parameter monitored, beginning date and
time of the event, end date and time of the event, cause of the
deviation or exceedance and corrective action taken for each
malfunction which occurred during the reporting period and which caused
or may have caused any applicable emission limitation to be exceeded.
The report must include a list of the affected source or equipment, an
estimate of the quantity of each regulated pollutant emitted over any
emission limit, and a description of the method used to estimate the
emissions, including, but not limited to, product-loss calculations,
mass balance calculations, measurements when available, or engineering
judgment based on known process parameters. The report must also
include a description of actions taken by an owner or operator during a
malfunction of an affected source to minimize emissions in accordance
with Sec. 63.1506(a)(5).
* * * * *
0
9. Section 63.1517 is amended by revising paragraph (b)(18)(ii) to read
as follows:
Sec. 63.1517 Records.
* * * * *
(b) * * *
(18) * * *
(ii) Records of actions taken during periods of malfunction to
minimize emissions in accordance with Sec. 63.1506(a)(5), including
corrective actions to restore malfunctioning process and air pollution
control and monitoring equipment to its normal or usual manner of
operation.
* * * * *
0
10. Table 1 to Subpart RRR of part 63 is revised to read as follows:
BILLING CODE 6560-50-P
[[Page 38090]]
[GRAPHIC] [TIFF OMITTED] TR13JN16.012
[[Page 38091]]
[GRAPHIC] [TIFF OMITTED] TR13JN16.013
BILLING CODE 6560-50-C
[[Page 38092]]
0
11. Table 2 to Subpart RRR of part 63 is amended by revising the entry
``Group 1 furnace without add-on air pollution controls (including
those that are part of a secondary aluminum processing unit)'' to read
as follows:
Table 2 to Subpart RRR of Part 63--Summary of Operating Requirements for New and Existing Affected Sources and
Emission Units
----------------------------------------------------------------------------------------------------------------
Affected source/emission unit Monitor type/operation/process Operating requirements
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Group 1 furnace without add-on air Reactive flux injection rate................... Maintain the total
pollution controls (including reactive chlorine flux
those that are part of a secondary injection rate and total
aluminum processing unit). reactive fluorine flux
injection rate for each
operating cycle or time
period used in the
performance test at or
below the average rate
established during the
performance test.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
0
12. Table 3 to Subpart RRR of part 63 is amended by:
0
a. Revising the entry ``In-line fluxer with lime-injected fabric
filter;''
0
b. Revising the entry ``Group 1 furnace with lime-injected fabric
filter:'' and
0
c. Revising footnote d to Table 3.
The revisions read as follows:
Table 3 to Subpart RRR of Part 63--Summary of Monitoring Requirements for New and Existing Affected Sources and
Emission Units
----------------------------------------------------------------------------------------------------------------
Affected source/emission unit Monitor type/operation/process Operating requirements
----------------------------------------------------------------------------------------------------------------
* * * * * * *
In-line fluxer with lime-injected Bag leak detector or........................... Install and operate in
fabric filter. accordance with
manufacturer's operating
instructions.
COM............................................ Design and install in
accordance with PS-1;
collect data in
accordance with subpart A
of 40 CFR part 63;
determine and record 6-
minute block averages.
Reactive flux injection rate................... Weight measurement device
accuracy of 1%; \b\ calibrate
according to
manufacturer's
specifications or at
least once every 6
months; record time,
weight and type of
reactive flux added or
injected for each 15-
minute block period while
reactive fluxing occurs;
calculate and record
total reactive chlorine
flux injection rate and
the total reactive
fluorine flux injection
rate for each operating
cycle or time period used
in performance test; or
Alternative flux
injection rate
determination procedure
per Sec. 63.1510(j)(5).
For solid flux added
intermittently, record
the amount added for each
operating cycle or time
period used in the
performance test.
* * * * * * *
Group 1 furnace with lime-injected Bag leak detector or........................... Install and operate in
fabric filter. accordance with
manufacturer's operating
instructions.
COM............................................ Design and install in
accordance with PS-1;
collect data in
accordance with subpart A
of 40 part CFR 63;
determine and record 6-
minute block averages.
Lime injection rate............................ For continuous injection
systems, record feeder
setting daily and inspect
each feed hopper or silo
every 8 hours to verify
that lime is free-
flowing; record results
of each inspection. If
blockage occurs, inspect
every 4 hours for 3 days;
return to 8-hour
inspections if corrective
action results in no
further blockage during 3-
day period.\c\ Verify
monthly that the lime
injection rate is no less
than 90 percent of the
rate used during the
compliance demonstration
test.
Reactive flux injection rate................... Weight measurement device
accuracy of 1%; \b\ calibrate
every 3 months; record
weight and type of
reactive flux added or
injected for each 15-
minute block period while
reactive fluxing occurs;
calculate and record
total reactive chlorine
flux injection rate and
the total reactive
fluorine flux injection
rate for each operating
cycle or time period used
in performance test; or
Alternative flux
injection rate
determination procedure
per Sec. 63.1510(j)(5).
For solid flux added
intermittently, record
the amount added for each
operating cycle or time
period used in the
performance test.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * * * *
\b\ Permitting agency may approve measurement devices of alternative accuracy, for example in cases where flux
rates are very low and costs of meters of specified accuracy are prohibitive; or where feed/charge weighing
devices of specified accuracy are not practicable due to equipment layout or charging practices.
[[Page 38093]]
\c\ Permitting authority for major sources, or the Administrator for area sources may approve other alternatives
including load cells for lime hopper weight, sensors for carrier gas pressure, or HCl monitoring devices at
fabric filter outlet.
\d\ The frequency of volumetric flow rate measurements may be decreased to once every 5 years if daily
differential pressure measures, daily fan RPM, or daily fan motor amp measurements are made in accordance with
Sec. 63.1510(d)(2)(ii)-(iii). The frequency of annual verification of a permanent total enclosure may be
decreased to once every 5 years if negative pressure measurements in the enclosure are made daily in
accordance with Sec. 63.1510(d)(2)(iv). In lieu of volumetric flow rate measurements or verification of
permanent total enclosure, sweat furnaces may demonstrate annually negative air flow into the sweat furnace
opening in accordance with Sec. 63.1510(d)(3).
* * * * * * *
0
13. Revise Appendix A to Subpart RRR of part 63 to read as follows:
Appendix A to Subpart RRR of Part 63--General Provisions Applicability to Subpart RRR
----------------------------------------------------------------------------------------------------------------
Citation Requirement Applies to RRR Comment
----------------------------------------------------------------------------------------------------------------
Sec. 63.1(a)(1)-(4)................ General Applicability.. Yes....................
Sec. 63.1(a)(5).................... ....................... No..................... [Reserved].
Sec. 63.1(a)(6).................... ....................... Yes....................
Sec. 63.1(a)(7)-(9)................ ....................... No..................... [Reserved].
Sec. 63.1(a)(10)-(12).............. ....................... Yes....................
Sec. 63.1(b)....................... Initial Applicability Yes.................... EPA retains approval
Determination. authority.
Sec. 63.1(c)(1).................... Applicability After Yes....................
Standard Established.
Sec. 63.1(c)(2).................... ....................... Yes.................... Sec. 63.1500(e)
exempts area sources
subject to this
subpart from the
obligation to obtain
Title V operating
permits.
Sec. 63.1(c)(3)-(4)................ ....................... No..................... [Reserved].
Sec. 63.1(c)(5).................... ....................... Yes....................
Sec. 63.1(d)....................... ....................... No..................... [Reserved].
Sec. 63.1(e)....................... Applicability of Permit Yes....................
Program.
Sec. 63.2.......................... Definitions............ Yes.................... Additional definitions
in Sec. 63.1503.
Sec. 63.3.......................... Units and Abbreviations Yes....................
Sec. 63.4(a)(1)-(2)................ Prohibited Activities.. Yes....................
Sec. 63.4(a)(3)-(5)................ ....................... No..................... [Reserved].
Sec. 63.4(b)....................... Circumvention.......... Yes....................
Sec. 63.4(c)....................... Fragmentation.......... Yes....................
Sec. 63.5(a)....................... Applicability of Yes....................
Preconstruction Review
and Notification.
Sec. 63.5(b)(1).................... Requirements for Yes....................
Existing, Newly,
Constructed Sources
and Reconstructed
Sources.
Sec. 63.5(b)(2).................... ....................... No..................... [Reserved].
Sec. 63.5(b)(3)-(4)................ ....................... Yes....................
Sec. 63.5(b)(5).................... ....................... No..................... [Reserved].
Sec. 63.5(b)(6).................... ....................... Yes....................
Sec. 63.5(c)....................... ....................... No..................... [Reserved].
Sec. 63.5(d)....................... Application for Yes....................
Approval of
Construction or
Reconstruction.
Sec. 63.5(e)....................... Approval of Yes....................
Construction or
Reconstruction.
Sec. 63.5(f)....................... Approval of Yes....................
Construction or
Reconstruction Based
on Prior State
Preconstruction Review.
Sec. 63.6(a)....................... Applicability for Yes....................
Compliance with
Standards and
Maintenance
Requirements.
Sec. 63.6(b)(1)-(5)................ Compliance Dates for Yes.................... Sec. 63.1501
New and Reconstructed specifies dates.
Sources.
Sec. 63.6(b)(6).................... ....................... No..................... [Reserved].
Sec. 63.6(b)(7).................... ....................... Yes....................
Sec. 63.6(c)(1).................... Compliance Dates for Yes.................... Sec. 63.1501
Existing Sources. specifies dates.
Sec. 63.6(c)(2).................... ....................... Yes....................
Sec. 63.6(c)(3)-(4)................ ....................... No..................... [Reserved].
Sec. 63.6(c)(5).................... ....................... Yes....................
Sec. 63.6(d)....................... ....................... No..................... [Reserved].
Sec. 63.6(e)(1)(i)................. Operation and No..................... See Sec.
Maintenance 63.1506(a)(5) for
Requirements. general duty
requirement. Any other
cross reference to
Sec. 63.6(3)(1)(i)
in any other general
provision referenced
shall be treated as a
cross reference to
Sec. 63.1506(a)(5).
[[Page 38094]]
Sec. 63.6(e)(1)(ii)................ ....................... No.....................
Sec. 63.6(e)(2).................... ....................... No..................... [Reserved].
Sec. 63.6(e)(3).................... Startup, Shutdown, and No.....................
Malfunction Plan.
Sec. 63.6(f)(1).................... Compliance with No.....................
Nonopacity Emission
Standards.
Sec. 63.6(f)(2).................... ....................... Yes....................
Sec. 63.6(g)....................... Use of an Alternative No.....................
Nonopacity Emission
Standard.
Sec. 63.6(h)(1).................... Applicability for No.....................
Compliance with
Opacity and Visible
Emission Standards.
Sec. 63.6(h)(2).................... Methods for Determining Yes....................
Compliance.
Sec. 63.6(h)(3).................... ....................... No..................... [Reserved].
Sec. 63.6(h)(4)-(9)................ ....................... Yes....................
Sec. 63.6(i)(1)-(14)............... Extension of Compliance Yes....................
Sec. 63.6(i)(15)................... ....................... No..................... [Reserved].
Sec. 63.6(i)(16)................... ....................... Yes....................
Sec. 63.6(j)....................... Exemption from Yes....................
Compliance.
Sec. 63.7(a)....................... Applicability and Yes.................... Except Sec. 63.1511
Performance Test Dates. establishes dates for
initial performance
tests.
Sec. 63.7(b)....................... Notification of Yes....................
Performance Test.
Sec. 63.7(c)....................... Quality Assurance Yes....................
Program.
Sec. 63.7(d)....................... Performance Testing Yes....................
Facilities.
Sec. 63.7(e)(1).................... Conduct of Performance No.....................
Tests.
Sec. 63.7(e)(2).................... ....................... Yes....................
Sec. 63.7(e)(3).................... ....................... Yes....................
Sec. 63.7(f)....................... Use of an Alternative Yes....................
Test Method.
Sec. 63.7(g)(1)-(3)................ Data Analysis, Yes.................... Except for Sec.
Recordkeeping, and 63.7(g)(2), which is
Reporting. reserved.
Sec. 63.7(h)(1)-(5)................ Waiver of Performance Yes....................
Tests.
Sec. 63.8(a)(1).................... Applicability for Yes....................
Monitoring
Requirements.
Sec. 63.8(a)(2).................... ....................... Yes....................
Sec. 63.8(a)(3).................... ....................... No..................... [Reserved].
Sec. 63.8(a)(4).................... ....................... Yes....................
Sec. 63.8(b)....................... Conduct of Monitoring.. Yes....................
Sec. 63.8(c)(1)(i)................. Operation and No..................... See Sec.
Maintenance of 63.1506(a)(5) for
Continuous Monitoring general duty
Systems (CMS). requirement.
Sec. 63.8(c)(1)(ii)................ ....................... Yes....................
Sec. 63.8(c)(1)(iii)............... ....................... No.....................
Sec. 63.8(c)(2)-(8)................ ....................... Yes....................
Sec. 63.8(d)(1)-(2)................ Quality Control Program Yes....................
Sec. 63.8(d)(3).................... ....................... Yes, except for last
sentence, which refers
to an SSM plan. SSM
plans are not required.
Sec. 63.8(e)....................... Performance Evaluation Yes....................
of CMS.
Sec. 63.8(f)(1)-(5)................ Use of an Alternative No..................... Sec. 63.1501(w)
Monitoring Method. includes provisions
for monitoring
alternatives.
Sec. 63.8(f)(6).................... Alternative to the Yes....................
Relative Accuracy Test.
Sec. 63.8(g)(1).................... Reduction of Monitoring Yes....................
Data.
Sec. 63.8(g)(2).................... ....................... No..................... Sec. 63.1512 requires
five 6-minute averages
for an aluminum scrap
shredder.
Sec. 63.8(g)(3)-(5)................ ....................... Yes....................
Sec. 63.9(a)....................... Applicability and Yes....................
General Information
for Notification
Requirements.
Sec. 63.9(b)(1)-(5)................ Initial Notifications.. Yes.................... Except Sec.
63.9(b)(3) is
reserved.
Sec. 63.9(c)....................... Request for Compliance Yes....................
Extension.
Sec. 63.9(d)....................... Notification that Yes....................
Source is Subject to
Special Compliance
Requirements.
Sec. 63.9(e)....................... Notification of Yes....................
Performance Test.
Sec. 63.9(f)....................... Notification of Opacity Yes....................
and Visible Emission
Observations.
Sec. 63.9(g)....................... Additional Notification Yes....................
Requirement for
Sources with CMS.
[[Page 38095]]
Sec. 63.9(h)(1)-(3)................ Notification of Yes.................... Except Sec. 63.1515
Compliance Status. establishes dates
notification of
compliance status
reports.
Sec. 63.9(h)(4).................... ....................... No..................... [Reserved].
Sec. 63.9(h)(5)-(6)................ ....................... Yes....................
Sec. 63.9(i)....................... Adjustment of Deadlines Yes....................
for Required
Communications.
Sec. 63.9(j)....................... Change in Information Yes....................
Already Provided.
Sec. 63.10(a)...................... Applicability and Yes....................
General Information
for Recordkeeping and
Reporting Requirements.
Sec. 63.10(b)(1)................... General Recordkeeping Yes....................
Requirements.
Sec. 63.10(b)(2)(i), (ii), (iv), ....................... No.....................
(v).
Sec. 63.10(b)(2)(iii), (vi)-(xiv).. ....................... Yes.................... Sec. 63.1517 includes
additional
requirements.
Sec. 63.10(b)(3)................... Recordkeeping Yes....................
Requirement for
Applicability
Determinations.
Sec. 63.10(c)(1)................... Additional Yes....................
Recordkeeping
Requirements for
Sources with CMS.
Sec. 63.10(c)(2)-(4)............... ....................... No..................... [Reserved].
Sec. 63.10(c)(5)................... ....................... Yes....................
Sec. 63.10(c)(6)................... ....................... Yes....................
Sec. 63.10(c)(7)-(8)............... ....................... Yes....................
Sec. 63.10(c)(9)................... ....................... No..................... [Reserved].
Sec. 63.10(c)(10)-(13)............. ....................... Yes....................
Sec. 63.10(c)(14).................. ....................... Yes....................
Sec. 63.10(c)(15).................. ....................... No.....................
Sec. 63.10(d)(1)................... General Reporting Yes....................
Requirements.
Sec. 63.10(d)(2)................... Reporting Results of Yes....................
Performance Tests.
Sec. 63.10(d)(3)................... Reporting Results of Yes....................
Opacity or Visible
Emission Observations.
Sec. 63.10(d)(4)................... Progress Reports....... No..................... See Sec. 63.1516(d).
Sec. 63.10(d)(5)................... Periodic Startup, No..................... See Sec. 63.1516(d).
Shutdown, and
Malfunction Reports.
Sec. 63.10(e)(1)-(2)............... Additional Reporting Yes....................
Requirements for
Sources with CMS.
Sec. 63.10(e)(3)................... Excess Emissions and Yes.................... Reporting deadline
CMS Performance Report given in Sec.
and Summary Report. 63.1516.
Sec. 63.10(e)(4)................... Continuous Opacity Yes....................
Monitoring System
(COMS) Data Produced
During a Performance
Test.
Sec. 63.10(f)...................... Waiver of Recordkeeping Yes....................
or Reporting
Requirements.
Sec. 63.11(a)-(e).................. Control Device and Work No..................... Flares not applicable.
Practice Requirements.
Sec. 63.12(a)-(c).................. State Authority and Yes.................... EPA retains authority
Delegations. for applicability
determinations.
Sec. 63.13......................... Addresses.............. Yes....................
Sec. 63.14......................... Incorporations by Yes.................... ACGIH Guidelines, ASTM
Reference. D7520-13, and Interim
Procedures for
Estimating Risks
Associated with
Exposures to Mixtures
of Chlorinated Dibenzo-
p-Dioxins and -
Dibenzofurans (CDDs
and CDFs) and 1989
Update.
Sec. 63.15......................... Availability of Yes....................
Information and
Confidentiality.
Sec. 63.16......................... Performance Track No.....................
Provisions.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2016-13505 Filed 6-10-16; 8:45 am]
BILLING CODE 6560-50-P