[Federal Register: April 16, 2003 (Volume 68, Number 73)]
[Rules and Regulations]
[Page 18729-18785]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16ap03-11]
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Part II
Environmental Protection Agency
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40 CFR Part 63
National Emission Standards for Hazardous Air Pollutants for Refractory
Products Manufacturing; Final Rule
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[OAR-2002-0088, FRL-7462-6]
RIN 2060-AG68
National Emission Standards for Hazardous Air Pollutants for
Refractory Products Manufacturing
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This action promulgates national emission standards for
hazardous air pollutants (NESHAP) for new and existing refractory
products manufacturing facilities and implements section 112(d) of the
Clean Air Act (CAA) by requiring all major sources to meet HAP emission
standards reflecting the application of maximum achievable control
technology (MACT). The final rule will protect air quality and promote
the public health by reducing emissions of several of the HAP listed in
section 112(b)(1) of the CAA, including ethylene glycol, formaldehyde,
hydrogen fluoride (HF), hydrochloric acid (HCl), methanol, phenol, and
polycyclic organic matter (POM). Exposure to these substances has been
demonstrated to cause adverse health effects such as irritation of the
lung, skin, and mucous membranes, effects on the central nervous
system, and damage to the liver, kidneys, and skeleton. The EPA has
classified the HAP formaldehyde and POM as probable human carcinogens.
The final rule will reduce nationwide emissions of HAP from these
facilities by an estimated 124 megagrams per year (Mg/yr) (137 tons per
year (tpy)).
EFFECTIVE DATE: April 16, 2003.
ADDRESSES: Docket No. OAR-2002-0088 contains supporting information
used in developing the final rule. The docket is located at the Air and
Radiation Docket and Information Center in the EPA Docket Center, (EPA/
DC), EPA West, Room B102, 1301 Constitution Avenue, NW, Washington, DC
20460, telephone (202) 566-1744.
FOR FURTHER INFORMATION CONTACT: Ms. Susan Fairchild, U.S. EPA, Office
of Air Quality Planning and Standards, Emission Standards Division,
Minerals and Inorganic Chemicals Group, (C504-05), Research Triangle
Park, NC 27711, telephone number (919) 541-5167, electronic mail
address fairchild.susan@epa.gov.
SUPPLEMENTARY INFORMATION:
Regulated Entities. Categories and entities potentially regulated
by this action include those listed in the following table:
------------------------------------------------------------------------
Examples of regulated
Category NAICS entities
------------------------------------------------------------------------
Industrial....................... 327124 Clay refractories
manufacturing plants.
Industrial....................... 327125 Nonclay refractories
manufacturing plants.
------------------------------------------------------------------------
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. To determine whether your facility is regulated by this action,
you should examine the applicability criteria in Sec. 63.9782 of
today's final rule. If you have any questions regarding the
applicability of this action to a particular entity, consult the person
listed in the preceding FOR FURTHER INFORMATION CONTACT section.
Electronic Docket (E-Docket). The EPA has established an official
public docket for this action under Docket ID No. OAR-2002-0088. The
official public docket is the collection of materials that is available
for public viewing in the Refractory Products Manufacturing NESHAP
Docket at the Air and Radiation Docket and Information Center in the
EPA Docket Center, (EPA/DC), EPA West, Room B102, 1301 Constitution
Avenue, NW., Washington, DC 20460. The Docket Center is open from 8:30
a.m. to 5:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Reading Room is (202) 566-1744, and the
telephone number for the Air Docket is (202) 566-1742.
Electronic Access. An electronic version of the public docket is
available through EPA's electronic public docket and comment system,
EPA Dockets. You may use EPA Dockets at http://www.epa.gov/edocket/ to
submit or view public comments, access the index of the contents of the
official public docket, and access those documents in the public docket
that are available electronically. Once in the system, select
``search'' and key in the appropriate docket identification number.
Certain types of information will not be placed in the EPA Dockets.
Information claimed as confidential business information and other
information whose disclosure is restricted by statute, which are not
included in the official public docket, will not be available for
public viewing in EPA's electronic public docket. The EPA's policy is
that copyrighted material will not be placed in EPA's electronic public
docket but will be available only in printed, paper form in the
official public docket. Although not all docket materials may be
available electronically, you may still access any of the publicly
available docket materials through the docket facility identified in
this document.
Worldwide Web (WWW). In addition to being available in the docket,
an electronic copy of today's document also will be available on the
WWW. Following the Administrator's signature, a copy of this action
will be posted at http://www.epa.gov/ttn/oarpg on EPA's Technology
Transfer Network (TTN) policy and guidance page for newly proposed or
promulgated rules. The TTN provides information and technology exchange
in various areas of air pollution control. If more information
regarding the TTN is needed, call the TTN HELP line at (919) 541-5384.
Judicial Review. Under section 307(b)(1) of the CAA, judicial
review of the final rule is available only by filing a petition for
review in the U.S. Court of Appeals for the District of Columbia
Circuit by June 16, 2003. Under section 307(d)(7)(B) of the CAA, only
an objection to the final rule that was raised with reasonable
specificity during the period for public comment can be raised during
judicial review. Moreover, under section 307(b)(2) of the CAA, the
requirements established by the final rule may not be challenged
separately in any civil or criminal proceedings brought by EPA to
enforce these requirements.
Outline. The information presented in this preamble is organized as
follows:
I. Background and Public Participation
A. What Is the Source of Authority for Development of NESHAP?
B. What Criteria Are Used in the Development of NESHAP?
C. How Was the Rule Developed?
II. Summary of the Final Rule
A. What Source Category Is Affected by the Final Rule?
B. What Are the Affected Sources?
C. What Are the Emission Limits?
D. What Are the Operating Limits?
E. What Are the Work Practice Standards?
F. What Are the Testing and Initial Compliance Requirements for
Sources Subject to Emission Limits?
[[Page 18731]]
G. What Are the Initial Compliance Requirements for Sources
Subject to a Work Practice Standard?
H. What Are the Continuous Compliance Requirements for Sources
Subject to Emission Limits?
I. What Are the Continuous Compliance Requirements for Sources
Subject to a Work Practice Standard?
J. What Are the Notification, Recordkeeping, and Reporting
Requirements?
K. What Are the Compliance Deadlines?
III. Summary of Major Changes Since Proposal
A. Emission Limits and Work Practice Standards
B. Compliance Testing
C. Control Device Monitoring and Operation
D. Definitions
IV. Summary of Responses to Major Comments
A. MACT Floors
B. Emission Limits
C. Compliance Testing and Monitoring
D. Economic and Environmental Impacts
E. Definitions
V. Summary of Impacts
A. What Are the Health Impacts?
B. What Are the Air Emission Reduction Impacts?
C. What Are the Cost Impacts?
D. What Are the Economic Impacts?
E. What Are the Non-Air Quality Environmental and Energy
Impacts?
VI. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act
J. Congressional Review Act
I. Background and Public Participation
A. What is the Source of Authority for Development of NESHAP?
Section 112 of the CAA requires us to list categories and
subcategories of major sources and area sources of HAP and to establish
NESHAP for the listed source categories and subcategories. Major
sources of HAP are those that have the potential to emit greater than
10 tpy of any one HAP or 25 tpy of any combination of HAP. The category
of major sources covered by the final rule was listed as Chromium
Refractories Production on July 16, 1992 (57 FR 31576).
Section 112(c) of the CAA allows EPA to revise the source category
list at any time. After obtaining information from chromium
refractories manufacturing plants that indicated that some facilities
were major sources due to HAP emissions from the manufacturing of
nonchromium refractories, we decided to expand the scope of the source
category to include most manufacturers of refractory products. On
November 18, 1999, we revised the source category name from Chromium
Refractories Production to Refractories Manufacturing (64 FR 63025) to
reflect the broadened scope of the source category. At proposal (67 FR
42108, June 20, 2002), we changed the source category name from
Refractories Manufacturing to Refractory Products Manufacturing to
further clarify the source category.
B. What Criteria Are Used in the Development of NESHAP?
Section 112 of the CAA requires that we establish NESHAP for the
control of HAP from both new and existing major sources. The CAA
requires the NESHAP to reflect the maximum degree of reduction in
emissions of HAP that is achievable. This level of control is commonly
referred to as MACT.
The MACT floor is the minimum control level allowed for NESHAP and
is defined under section 112(d)(3) of the CAA. In essence, the MACT
floor ensures that the standards are set at a level that assures that
all major sources achieve the level of control at least as stringent as
that already achieved by the better-controlled and lower-emitting
sources in each source category or subcategory. For new sources, the
MACT floor cannot be less stringent than the emission control that is
achieved in practice by the best-controlled similar source. The MACT
standards for existing sources can be less stringent than standards for
new sources, but they cannot be less stringent than the average
emission limitation achieved by the best-performing 12 percent of
existing sources in the category or subcategory (or the best-performing
five sources for categories or subcategories with fewer than 30
sources).
In developing MACT, we also consider control options that are more
stringent than the floor. We may establish standards more stringent
than the floor based on the consideration of the cost of achieving the
emissions reductions, any non-air quality health and environmental
impacts, and energy requirements.
C. How Was the Rule Developed?
We proposed the standards for refractory products manufacturing on
June 20, 2002 (67 FR 42108). The public comment period lasted from June
20, 2002 to August 19, 2002. Industry representatives, regulatory
agencies, environmental groups, and the general public were given the
opportunity to comment on the proposed rule and to provide additional
information during the public comment period. We offered at proposal
the opportunity for oral presentation of data, views, or arguments
concerning the proposed rule at a public hearing. One organization
requested a public hearing, but it later withdrew the request, and a
hearing was not held.
We received a total of eight public comments on the proposed rule.
Comments were submitted by three industry trade associations, two
refractory products manufacturing companies, and two other companies.
One trade association submitted two sets of comments. The final rule
reflects our full consideration of all of the comments received. Major
public comments on the proposed rule, along with our responses to those
comments, are summarized in this preamble.
II. Summary of the Final Rule
A. What Source Category Is Affected by the Final Rule?
Today's final rule applies to the Refractory Products Manufacturing
source category. This source category includes, but is not limited to,
any facility that manufactures refractory bricks and shapes that are
produced using an organic HAP compound, pitch-impregnated refractory
products, fired chromium refractory products, and fired clay refractory
products. Fired refractory products are those that have undergone
thermal processing in a kiln.
B. What Are the Affected Sources?
Today's final rule establishes emission limitations (emission
limits and operating limits) and work practice standards for several
types of refractory products manufacturing sources. Table 1 of this
preamble lists the affected sources that will be subject to today's
final rule.
Table 1.--Affected Sources for the Refractory Products Manufacturing
Rule
------------------------------------------------------------------------
Refractory product type Affected sources
------------------------------------------------------------------------
Sources subject to emission limits:
------------------------------------------------------------------------
Resin-bonded........................... Existing and new curing ovens
and kilns.
Pitch-bonded........................... Existing and new curing ovens
and kilns.
[[Page 18732]]
Pitch-impregnated...................... Existing and new defumers and
coking ovens, and new shape
preheaters.
Other formed products that use organic Existing and new shape dryers
additives. and kilns used to process
refractory shapes that are
made using an organic HAP
compound.
Clay................................... New kilns.
----------------------------------------
Sources subject to work practice standards:
------------------------------------------------------------------------
Pitch-impregnated...................... Existing shape preheaters and
existing and new pitch working
tanks.
Chromium............................... Existing and new kilns.
Clay................................... Existing kilns.
------------------------------------------------------------------------
C. What Are the Emission Limits?
Today's final rule specifies separate emission limits for existing
and new thermal process sources that emit organic HAP and new clay
refractory products kilns. Facilities that operate thermal process
sources that emit organic HAP have the option of meeting a total
hydrocarbon (THC) concentration limit of 20 parts per million by
volume, dry basis (ppmvd), corrected to 18 percent oxygen, or reducing
THC mass emissions by at least 95 percent. The sources that will be
subject to these organic HAP emission limits include new and existing
shape dryers, curing ovens, kilns, coking ovens, and defumers. In
addition, new shape preheaters will be subject to these same emission
limits. For continuous process sources of organic HAP, the format of
the emission limits is a 3-hour block average. For batch process
sources, the format of the standard is the average of the 3-hour peak
THC emissions periods for two test runs.
For affected new clay refractory products kilns, the final rule
includes separate emission limits for HF and HCl. For affected
continuous kilns, you will have to meet an HF emission limit of 0.019
kilograms per megagram (kg/Mg) (0.038 pounds per ton (lb/ton)) of
uncalcined clay processed or reduce HF mass emissions by at least 90
percent. You will also be required to meet an HCl emission limit of
0.091 kg/Mg (0.18 lb/ton) of product or reduce uncontrolled HCl
emissions by at least 30 percent. If you own or operate a new affected
periodic (batch process) clay refractory products kiln, you will be
required to reduce HF emissions by at least 90 percent and HCl
emissions by at least 30 percent.
D. What Are the Operating Limits?
Operating limits are limits on operating parameters of process
equipment or control devices. Today's final rule specifies process and
control device operating limits for thermal process sources that emit
organic HAP and for clay refractory kilns. For each of these operating
limits, you will be required to measure the appropriate operating
parameters during the performance test and establish limits on the
operating parameters based on those measurements. Following the
performance test, you will be required to monitor those parameters and
ensure that the established limits are not exceeded.
For affected thermal process sources that emit organic HAP, we are
requiring operating limits on the organic HAP processing rate and the
operating temperatures of your control devices. The operating limit on
the organic HAP processing rate requires you to maintain the rate at
which organic HAP are processed in an affected process unit at or below
the rate measured during the most recent performance test. For sources
that are controlled with a thermal oxidizer, you will be required to
establish the operating limit for the combustion chamber temperature.
For affected sources that are controlled with a catalytic oxidizer, you
will be required to establish the operating limit for the temperature
at the inlet of the catalyst bed. Also, you must check the activity
level of the catalyst at least every 12 months.
If you have a new clay refractory products kiln that is controlled
with a dry limestone adsorber (DLA), you will be required to monitor
continuously the pressure drop across the DLA and check the limestone
feed hopper and feeder setting at least daily to ensure that the
limestone is free flowing. You will also be required to document the
source of the limestone used during the most recent performance test
and maintain records that demonstrate that the source of limestone has
not changed.
If you own or operate a new clay refractory products kiln that is
controlled with dry lime injection fabric filters (DIFF) or dry lime
scrubber/fabric filters (DLS/FF), you will be required to install a bag
leak detection system, initiate corrective action within 1 hour of a
bag leak detection system alarm, and complete corrective actions
according to your operation, maintenance, and monitoring (OM&M) plan.
You will also be required to verify at least once every 8 hours that
lime is free flowing and record the lime feeder setting daily to
confirm that the feeder setting is at or above the level established
during the most recent performance test. If you use a wet scrubber, you
will be required to establish operating limits for the pressure drop
across the scrubber, liquid pH, liquid flow rate, and chemical feed
rate (if applicable).
If you use a control device or technique listed in today's final
rule, you may establish operating limits for alternative operating
parameters subject to prior written approval by the Administrator on a
case-by-case basis. You will be required to submit the application for
approval of alternative operating parameters no later than the
notification of the performance test. You will have to install,
operate, and maintain the alternative parameter monitoring systems in
accordance with the application approved by the Administrator.
E. What Are the Work Practice Standards?
Today's final rule establishes work practice standards for existing
shape preheaters that are used to produce pitch-impregnated refractory
products, existing and new pitch working tanks that are used to produce
pitch-impregnated refractory products, existing and new chromium
refractory products kilns, and existing clay refractory products kilns.
If you operate an affected existing shape preheater, you will be
required to control emissions of POM from the shape preheater by
cleaning the residual pitch from the surfaces of the baskets or
containers that are used for holding refractory shapes in a shape
preheater and autoclave at least every ten impregnation cycles, or by
ducting the exhaust from the shape preheater to a control device that
meets the applicable emission limits for thermal process sources of
organic HAP. If you choose to clean the basket surfaces, you may remove
residual pitch by abrasive blasting or subject the baskets to a thermal
process cycle that matches or exceeds the temperature and cycle time of
the affected shape preheater and is ducted to a thermal or catalytic
oxidizer that is comparable to the control device for your defumer or
coking oven. If you choose to duct shape preheater emissions to a
control device, you may duct the emissions to the coking oven control
device, defumer control device, or to another thermal or catalytic
oxidizer that is comparable to the coking oven or defumer controls and
meets the applicable emission limits for thermal process sources of
organic HAP.
[[Page 18733]]
If you have an affected existing or new pitch working tank, you
must duct the exhaust from the tank to either the coking oven control
device, the defumer control device, or an equivalent thermal or
catalytic oxidizer.
If you have an affected existing or new chromium refractory
products kiln or an affected existing clay refractory products kiln,
you must use natural gas, or an equivalent fuel, as the kiln fuel at
all times except during periods of natural gas curtailment or other
periods when natural gas is not available.
F. What Are the Testing and Initial Compliance Requirements for Sources
Subject to Emission Limits?
Under today's final rule, you must conduct an initial performance
test on each affected source to demonstrate initial compliance with the
emission limits. In accordance with 40 CFR 63.7(a)(2), you are required
to conduct the test within 180 days after the compliance date using
specified test methods.
If you have an affected existing or new shape dryer, curing oven,
kiln, coking oven, or defumer, or a new shape preheater, and you choose
to comply with the THC concentration limit of 20 ppmvd corrected to 18
percent oxygen, you must measure emissions of THC in stack gases
exhausted to the atmosphere using EPA Method 25A of 40 CFR part 60,
appendix A, Determination of Total Gaseous Organic Concentration Using
a Flame Ionization Analyzer. You must also measure the oxygen
concentration of the stack gas using EPA Method 3A of 40 CFR part 60,
appendix A, Determination of Oxygen and Carbon Dioxide Concentrations
in Emissions From Stationary Sources (Instrumental Analyzer Procedure).
If you decide to comply with the 95 percent THC reduction limit, you
must measure THC mass emissions at the inlet and outlet of the control
device using EPA Method 25A.
For continuous process sources, you must conduct a minimum of three
1-hour test runs. For batch process sources, you must conduct at least
two test runs. Each batch process test run must be conducted over a
separate batch cycle, unless you manufacture the product associated
with the maximum organic HAP processing rate infrequently and it will
disrupt production to perform the compliance test over multiple process
cycles. In such cases, you may conduct both runs of the performance
test simultaneously over a single batch process cycle using paired
sampling trains.
Today's final rule requires affected batch process sources to be
tested throughout two complete batch cycles unless you develop an
emissions profile or meet certain conditions for terminating a
performance test run before the completion of the batch cycle. If you
choose to develop an emissions profile, you must sample THC emissions
throughout a complete batch cycle, determine the average THC mass
emissions rate for each hour of the batch cycle, and identify the 3-
hour period of peak THC emissions. During any subsequent test runs, you
are not required to sample emissions outside that 3-hour period of peak
THC emissions. During subsequent performance tests, you will have to
complete at least two test runs, but you will only have to test during
the 3-hour peak emissions period for each run.
If you choose not to develop an emissions profile, you may
terminate testing before the completion of a batch cycle if you meet
certain conditions. For each of two test runs, you will have to begin
testing at the start of the batch cycle and continue testing for at
least 3 hours beyond the precise time when the process reaches peak
operating temperature. You may stop the test run at that time if you
can show that the following conditions are met: (1) THC concentrations
are not increasing over the 3-hour period since the process peak
temperature was reached; (2) at least 1 hour has passed since any
reduction in the operating temperature of the control device (thermal
or catalytic oxidizer); and (3) either the average THC concentration at
the inlet to the control device for the previous hour has not exceeded
20 ppmvd, corrected to 18 percent oxygen, or your source met the
applicable emission limit at the control device outlet during each of
the previous 3 hours after the process reached peak temperature.
For both continuous process and batch process performance tests,
you must conduct performance tests on affected thermal process sources
under the conditions that will result in the highest levels of organic
HAP emissions expected to occur for that affected source. You determine
these ``worst-case'' conditions by taking into account the organic HAP
processing rate, the process operating temperatures, and the processing
times. The organic HAP processing rate is the rate at which the mass of
organic HAP materials contained in refractory shapes are processed in
an affected thermal process source.
If you decide to start production of a refractory product that is
likely to have an organic HAP processing rate that is more than 10
percent greater than the rate established during the most recent
performance test, you will be required to conduct a new performance
test for that product and establish a new operating limit for the
organic HAP processing rate. You will also have to conduct a new
performance test on an affected uncontrolled kiln following any process
changes that are likely to increase kiln emissions of organic HAP.
If the source is a batch process source and is controlled with a
thermal or catalytic oxidizer, you may reduce the operating temperature
of the control device or shut the control device off if you satisfy all
of the following conditions: (1) You do not use an emissions profile
and limit testing to the 3-hour peak emissions period; (2) at least 3
hours have passed since the process unit reached its maximum
temperature; (3) the applicable emission limit (THC concentration or
THC percentage reduction) has been met during each of the three 1-hour
periods since the process reached peak temperature; (4) mass emissions
of THC have not increased during the 3-hour period since maximum
process temperature was reached; and (5) either the average THC
concentration at the inlet to the oxidizer has not exceeded 20 ppmvd,
corrected to 18 percent oxygen, for at least 1 hour, or the applicable
emission limit has been met during each of the four 15-minute periods
immediately following the oxidizer temperature reduction. If you elect
to shut off or reduce the temperature of a thermal or catalytic
oxidizer by satisfying these conditions, you may use the results from
the performance test to establish the time at which the oxidizer for
that specific source can be shut off (or temperature reduced) during
the production of other refractory products that use organic HAP. For
any such product, you must operate the oxidizer at a temperature at
least as high as that established during the performance test, minus
16[deg]C (25[deg]F), from the start of the batch cycle until 3 hours
have passed since the process reached its peak temperature. You will
have to maintain that oxidizer temperature for the same length of time
beyond the process peak temperature as during the performance test.
For each new kiln that manufactures clay refractory products, you
must measure emissions of HF and HCl using one of three methods: (1)
EPA Method 26A of 40 CFR part 60, appendix A, Determination of Hydrogen
Halide and Halogen Emissions from Stationary Sources--Isokinetic
Method; (2) EPA Method 26 of 40 CFR part 60, appendix A, Determination
of Hydrogen Halide and Halogen Emissions from Stationary Sources--Non-
isokinetic Method; or (3)
[[Page 18734]]
EPA Method 320 of 40 CFR part 63, appendix A, Measurement of Vapor
Phase Organic and Inorganic Emissions by Extractive Fourier Transfer
Infrared (FTIR) Spectroscopy. You can use Method 26 only if the gas
stream does not contain HF or HCl in the solid phase (e.g., HF as PM or
HCl as PM). You must conduct the tests for HF and HCl while the
affected kiln is operating at the maximum production level likely to
occur. Each test run must last at least 1 hour in duration.
If you have an affected continuous clay refractory products kiln,
you must determine initial compliance with the production-based mass
emission limits for HF and HCl by calculating the mass emissions per
unit of production for each test run using the mass emission rates of
HF and HCl and the rate at which uncalcined clay is processed (on a
fired-product basis), as measured during your performance test. To
determine initial compliance with any of the percentage reduction
emission limits, you must measure mass emissions of the specific HAP
(HF or HCl) at the inlet and outlet of the control device for each test
run.
If you have an affected batch process clay refractory kiln, you
must comply with the percentage reduction limit. You will be required
to test throughout two complete batch cycles unless you develop an
emissions profile. If you choose to develop an emissions profile, you
must sample HF and HCl emissions throughout one complete batch cycle.
For both continuous and batch process kilns, you must measure and
record the average uncalcined clay processing rate for each test run.
If you own or operate an affected new clay refractory products kiln
that is controlled with a DLA, and you decide to change the source of
limestone, you must repeat the performance test on the kiln within 60
days of the date when you begin using limestone from the new limestone
source.
In addition to the procedures previously described, you will be
required to follow the procedures specified in EPA Methods 1 to 4 of
appendix A of 40 CFR part 60, where applicable. You must perform EPA
Method 1, Sample and Velocity Traverses for Stationary Sources, (or
Method 1A) to select the locations of sampling points and the number of
traverse points. You must perform EPA Method 2, Determination of Stack
Gas Velocity and Volumetric Flow Rate (Type S Pitot Tube), (or Method
2A, 2C, 2D, 2F, or 2G) to determine gas velocity and volumetric flow
rate. You must perform EPA Method 3, Gas Analysis for the Determination
of Dry Molecular Weight, (or Method 3A or 3B) to determine the exhaust
gas molecular weight. You must perform EPA Method 4, Determination of
Moisture Content in Stack Gases, to measure the moisture content of the
exhaust gas.
Prior to the initial performance test, you must install any
continuous parameter monitoring systems (CPMS) that are required for
demonstrating continuous compliance. During the performance test, you
must use those CPMS to establish the applicable operating limits (e.g.,
minimum thermal oxidizer combustion chamber temperature).
G. What Are the Initial Compliance Requirements for Sources Subject to
a Work Practice Standard?
If you own or operate an affected existing shape preheater, an
existing pitch working tank, or a new pitch working tank, you must
select a method for complying with the applicable work practice
standard and provide a description of that method as part of your
initial notification, as required by 40 CFR 63.9(b)(2). For affected
shape preheaters, if you choose to comply with the work practice
standard by cleaning pitch from basket or container surfaces, you must
describe in your initial notification the cleaning method. If you
choose to comply by capturing and ducting emissions from the shape
preheater to a control device, you must describe the design (e.g.,
thermal oxidizer combustion chamber temperature and residence time) and
operation of that control device.
For affected existing or new pitch working tanks, you must
describe, in your initial notification, the design and operation of the
control device to which the emissions from the working tank are
exhausted. You also must verify that the performance of the control
device is the same as, or is equivalent to, the control device that is
used to control organic HAP emissions from an affected defumer or
coking oven.
For affected new or existing chromium refractory products kilns and
for existing clay refractory products kilns, you must indicate, in your
initial notification, the type of fuel used in those kilns.
H. What Are the Continuous Compliance Requirements for Sources Subject
to Emission Limits?
Today's final rule requires owners and operators of affected
sources to demonstrate continuous compliance with each emission
limitation. You must follow the requirements in your OM&M plan and in
your startup, shutdown, and malfunction plan (SSMP) and document
conformance with both plans. For each affected source equipped with an
add-on air pollution control device (APCD), you must inspect each
system at least once each calendar year and record the results of each
inspection. You must install, operate, and maintain each required CPMS
to monitor the operating parameters established during your initial
performance test. You must collect all data while the process is
operational. You will have to operate the CPMS at all times when the
process is operating. You must also conduct proper maintenance of the
CPMS, including inspections, calibrations, and validation checks. You
must repeat any required performance tests at least every 5 years.
For each affected source, you must monitor and maintain the organic
HAP processing rate below the level established during the most recent
performance test. You must also record the process operating
temperature hourly. For batch process sources, you must record the
cycle time for each batch cycle. If you decide to start production of a
refractory product that is likely to have an organic HAP processing
rate that is more than 10 percent greater than the maximum organic HAP
processing rate established during the most recent performance test,
you will have to conduct a new performance test for that product and
establish a new operating limit for the maximum organic HAP processing
rate.
For affected continuous sources that are controlled with a thermal
oxidizer, you must maintain the 3-hour block average combustion chamber
temperature at or above the combustion chamber temperature operating
limit established during the most recent performance test. For affected
continuous sources that are controlled with a catalytic oxidizer, you
must maintain the 3-hour block average temperature at the inlet of the
catalyst bed at or above the corresponding temperature operating limit
established during the most recent performance test. For affected batch
process sources that are controlled with a thermal oxidizer, you must
maintain the average hourly combustion chamber temperature at or above
the combustion chamber temperature operating limit established during
the most recent performance test.
To document compliance with these operating limits for thermal or
catalytic oxidizers, you must measure and record the specified average
hourly temperatures. You must also report any average hourly control
device operating temperature below the operating limit
[[Page 18735]]
established during the most recent performance test.
If you control emissions from an affected source using process
modifications or an add-on control device other than a thermal or
catalytic oxidizer, you must demonstrate continuous compliance by
operating a THC continuous emission monitoring system (CEMS) in
accordance with Procedure 1 of 40 CFR part 60, appendix F.
For new clay refractory kilns that are controlled with a DLA, you
must monitor continuously the pressure drop across the DLA. You also
must check the limestone feed hopper and limestone feeder setting daily
to ensure that there is limestone in the hopper, the limestone is free
flowing, and the feed rate has not changed. In addition, you must
continue using the same source of limestone as was used during the most
recent performance test and maintain records that demonstrate that the
source of limestone has not changed.
For new clay refractory kilns that are controlled with a DIFF or
DLS/FF, you must maintain free-flowing lime in the feed hopper or silo
at all times. You also must maintain the lime feeder setting at or
above the level established during the most recent performance test and
record the feeder setting once each day. You must initiate corrective
action within 1 hour of a bag leak detection system alarm and complete
corrective actions according to your OM&M plan.
For kilns that are controlled with a wet scrubber, you must
continuously maintain the 3-hour block average scrubber pressure drop,
scrubber liquid pH, scrubber liquid flow rate, and chemical addition
rate (if applicable) at or above the corresponding operating limits
established during the most recent performance test. Finally, you must
record the uncalcined clay processing rate for all affected kilns.
If you operate an affected continuous kiln, you may bypass the
control device and continue operating the kiln during periods of
scheduled maintenance on the kiln control device, upon approval of the
permitting authority. However, you must request prior approval from the
permitting authority before taking the control device offline. You must
minimize HAP emissions during the period when the control device is
offline. You must also minimize the time period when the control device
is offline. Unlike scheduled maintenance, a malfunction of a control
device must be addressed in your SSMP. As specified in 40 CFR
63.6(f)(1) and (h)(1), emission standards do not apply during periods
of startup, shutdown, or malfunction.
I. What Are the Continuous Compliance Requirements for Sources Subject
to a Work Practice Standard?
If you have an affected existing shape preheater, an existing pitch
working tank, or a new pitch working tank, you must perform the
appropriate work practice, and you must document in your Notification
of Compliance Status that you have complied with the work practice
standard, as required by 40 CFR 63.9.
For affected new or existing chromium refractory products kilns and
for existing clay refractory products kilns, you must use natural gas,
or its equivalent, as the kiln fuel, and document the type of fuel
used. During periods of natural gas curtailment or other periods when
natural gas is unavailable, you are allowed to use an alternative fuel.
However, you must meet the notification requirements specified in 40
CFR 63.9812(f) and the reporting requirements specified in 40 CFR
63.9814(g). You must also incorporate procedures for using alternative
fuels in your OM&M Plan.
J. What Are the Notification, Recordkeeping, and Reporting
Requirements?
If you have an affected refractory products manufacturing source,
you must submit initial notifications, notifications of performance
tests, and notifications of compliance status by the specified dates in
the final rule, which may vary depending on whether the affected source
is new or existing. In addition to the information specified in 40 CFR
63.9(h)(2)(i), you must also include the following in your Notification
of Compliance Status: (1) The operating limit parameter values
established for each affected source and a description of the
procedures used to establish the values; (2) design information and
analysis demonstrating conformance with requirements for capture and
collection systems; (3) your OM&M plan, as specified in 40 CFR 63.9794;
(4) your SSMP; and (5) descriptions of the methods you use to comply
with any applicable work practice standards. You must submit semiannual
compliance reports containing statements and information concerning
emission limitation deviations, out of control CPMS, and periods of
startup, shutdown, or malfunction when actions consistent with the
approved SSMP were taken in accordance with 40 CFR 63.6(e)(3).
If you operate an affected clay or chromium refractory products
kiln and you must use an alternative fuel due to a natural gas
curtailment or other interruption of natural gas supply, you must
submit a notification of alternative fuel use that includes the
information specified in 40 CFR 63.9812(f). You must submit a report of
alternative fuel use within 10 working days after terminating the use
of the alternative fuel. The report must include the information
specified in 40 CFR 63.9814(g).
If you operate a continuous kiln that is an affected thermal
process source of organic HAP or is a new clay refractory products
kiln, and you must take the control device offline for scheduled
maintenance, you must request prior approval from the permitting
authority, as specified in 40 CFR 63.9792(e). In addition, you must
maintain records of all maintenance activities and the time intervals
when the control device is offline. Finally, you must incorporate into
your OM&M plan the procedures for minimizing HAP emissions when the
control device is out of service.
For all affected sources, you must maintain records for at least 5
years from the date on which the data are recorded. You must keep the
records onsite for at least the first 2 years, but you can store the
records offsite for the remaining 3 years.
K. What Are the Compliance Deadlines?
Existing sources must comply within 3 years of the date of
publication of today's final rule. New or reconstructed sources must
comply at startup or upon the date of publication of today's final
rule, depending on their startup date.
III. Summary of Major Changes Since Proposal
A. Emission Limits and Work Practice Standards
For thermal process sources of organic HAP, we replaced the
proposed combustion efficiency limit with a 95 percent THC reduction
limit. We believe that the 95 percent THC reduction limit will result
in organic HAP emissions reductions that are comparable to the
reductions that would have been achieved through the proposed 99.8
percent combustion efficiency limit. Furthermore, percentage reduction
provides a better measure of the performance of a control device in
reducing organic emissions than does combustion efficiency, because
percentage reduction is a direct measure of reductions in THC emissions
across the control device. In addition, the combination of the proposed
THC concentration and the percentage reduction limits allows
considerable flexibility in how owners and operators
[[Page 18736]]
choose to comply with today's final rule.
The available emission data for the refractory products
manufacturing industry indicate that sources that are controlled to
levels above the MACT floor (i.e., more stringent than the MACT floor
control level) achieve THC emissions reductions of at least 95 percent,
and sources that are controlled to levels below the MACT floor achieve
THC emissions reductions that are less than 95 percent. Based on our
analysis of the data, we concluded that a 95 percent THC reduction
represents the level of emissions control that is achieved by a thermal
process source of organic HAP that is controlled to the MACT floor
level. Additional information on our analysis of the available THC
emission reduction data is provided in Docket No. OAR-2002-0088.
We did not propose a percentage THC reduction because we believed
that testing the inlets of the control devices used on thermal process
sources of organic HAP was not feasible for most sources. However,
based on the public comments received on the proposed rule, we believe
that refractory products manufacturers can measure THC at the inlets
and outlets of most affected sources. Furthermore, those facilities
that cannot obtain inlet and outlet measurements still have the option
of complying with the 20 ppmvd THC emission limit.
For the proposed rule, we developed HF and HCl emission limits
based on the emission levels that could be achieved by the best-
controlled kiln in the brick and structural clay products industry.
Since proposal, we have obtained additional information on the types of
emission controls used in the brick and structural clay products
industry to reduce emissions of HF and HCl from kilns. Based on that
information, we have concluded that the best-controlled similar source
for clay refractory products kilns is a small brick kiln that is
controlled with a DLA. A small brick kiln is a kiln with a production
capacity of less than 9.1 Mg per hour (Mg/hr) (10 tons per hour (tons/
hr)). The data indicate that a DLA can achieve HF emissions reductions
of 90 percent and HCl emissions reductions of 30 percent. We used those
emissions reductions to develop the HF and HCl emission limits
specified in the final rule. The revised emission limits for HF are a
90 percent reduction or 0.019 kg/Mg (0.038 lb/ton) of uncalcined clay
processed. For HCl, the revised emission limits are a 30 percent
reduction or 0.091 kg/Mg (0.18 lb/ton) of uncalcined clay processed.
For proposal, we based the HF and HCl emission limits for new clay
refractory products kilns on emission data for a brick kiln that was
controlled with a DLS/FF. When we developed those proposed emission
limits, we made no distinction between kiln size and control options.
However, a review of the emission data for controlled brick kilns
indicates that kiln size must be considered when determining feasible
control options for reducing emissions of HF and HCl. For brick kilns
with production capacities of 9.1 Mg/hr (10 tons/hr) or greater (i.e.,
large kilns), several control devices have been demonstrated to be
highly effective in reducing HF and HCl emissions. Those controls
include DLS/FF, DIFF, and wet scrubbers. However, for brick kilns that
are designed with production capacities below 9.1 Mg/hr (10 tons/hr),
only the DLA has been demonstrated to be a feasible control option for
HF and HCl. With DLS/FF, DIFF, and wet scrubbers, it is necessary to
maintain minimum exhaust gas flow rates for effective HF and HCl
removal, and those minimum exhaust flow rates are significantly greater
than the flow rates characteristic of small brick kilns. On the other
hand, the performance of the DLA is unaffected by exhaust gas flow
rates through the system, and DLA have been used on small brick kilns.
Consequently, we have concluded that the best-controlled small brick
kiln is equipped with a DLA. We have also concluded that clay
refractory products kilns are similar to small brick kilns because 90
percent of the clay refractory products tunnel kilns currently in use
were designed to operate at 4.5 Mg/hr (5 tons/hr) or less, and there
are no clay refractory products kilns that operate with production
rates greater than 8.2 Mg/hr (9 tons/hr).
For existing clay and chromium refractory products kilns, we are
still requiring limits on the types of fuels that can be used in
affected kilns. However, we have also included a provision for the
affected facilities to use alternative fuels during specified times of
natural gas curtailment and during other times when natural gas is
unavailable. To comply with this provision, owners or operators of
affected kilns must notify the permitting authority within 48 hours
following the declaration of such an emergency or the interruption of
the natural gas supply. In addition, within 10 working days after the
facility terminates the use of the alternative fuel, the final rule
requires submittal of a report that details the dates of alternative
fuel usage and the amount of alternative fuel used.
B. Compliance Testing
For batch process sources, we have reduced the minimum number of
compliance test runs from three to two. We believe that two test runs
are adequate for characterizing emissions from batch process sources.
Although we are still requiring a minimum of three 1-hour test runs for
continuous sources, we believe that it is unnecessary to test batch
process sources for three runs. Under the final rule, each test run on
a batch process source will last at least 3 hours, and in most cases a
test run will last considerably longer (i.e., in excess of 10 hours).
Thus, even with the reduced number of test runs, an emission test on a
batch process source will still require a much longer test period than
a test on a continuous process source. Because of the extensive
duration of each test run, we believe that a second test run is
adequate for corroborating the results of the initial test run, and a
third test run is unnecessary. Many batch process refractory products
are specialty items that are produced infrequently. Because we are
requiring each test run to be conducted over a separate batch process
cycle, it may not be practical, and it may disrupt production of other
products, to require testing over separate cycles. In some cases,
conducting the compliance test over multiple process cycles could
require a testing period of weeks or months, thereby preventing the use
of the batch process source for manufacturing other refractory
products. For this same reason, we have included in today's final rule
a provision for allowing owners and operators to conduct both test runs
simultaneously over a single batch process cycle using paired sampling
trains, under certain conditions. Rather than basing compliance on a
rolling 3-hour average, today's final rule requires compliance for
batch process sources to be based on emissions over the 3-hour peak
emissions period.
For situations in which a facility begins production of a new
product that constitutes a slight increase in the maximum organic HAP
processing rate, we are no longer requiring a repeat performance test.
Specifically, if the organic HAP processing rate for the new product is
no more than 10 percent greater than the organic HAP processing rate
established during the most recent compliance test, a repeat
performance test is not required. We believe this change is appropriate
for several reasons. The HAP content of some raw materials used in
refractory products manufacturing can vary slightly from shipment to
shipment, and those
[[Page 18737]]
variations may be beyond the control of the user. The net increase in
controlled emissions from a source that uses a material with a slightly
higher HAP content would most likely be within the measurement error of
the test method. On the other hand, if the organic HAP processing rate
for the new product is more than 10 percent greater than the operating
limit for the maximum organic HAP processing rate, a new compliance
test must be performed.
C. Control Device Monitoring and Operation
In the final rule, we have added the requirement that owners or
operators of affected sources that are controlled with a catalytic
oxidizer must have the catalyst activity level checked at least every
12 months and take any necessary corrective action, such as replacing
the catalyst, to ensure that the catalyst is performing as designed. We
continue to require catalyst bed inlet temperature monitoring. However,
we believe this additional requirement is needed because, unlike
thermal oxidizers, catalytic oxidizer performance cannot be ensured
simply by monitoring the operating temperature. Catalyst beds can
become poisoned and rendered ineffective without any apparent change in
operation. Requiring an annual check of catalyst activity will help to
identify catalyst poisoning and other potential performance problems
before they become serious. An activity level check can consist of
passing an organic compound of known concentration through a sample of
the catalyst, measuring the percentage reduction of the compound across
the catalyst sample, and comparing that percentage reduction to the
percentage reduction for a fresh sample of the same type of catalyst.
We have made several changes to the monitoring requirements for new
clay refractory products kilns. We have added monitoring requirements
for kilns controlled with a DLA. Specifically, owners or operators of
affected kilns are required to monitor continuously the pressure drop
across the DLA, check the limestone feed hopper daily to ensure that
limestone is free flowing, check the limestone feeder setting daily,
use the same source of limestone as was used during the most recent
performance test, and maintain records that demonstrate that the source
of limestone has not changed. We have eliminated the requirement to
monitor the fabric filter inlet temperature for affected clay
refractory kilns that are controlled with a DIFF or a DLS/FF. Finally,
we have eliminated the requirement to monitor the water injection rate
for kilns that are controlled with a DLS/FF.
We have also included in the final rule a provision to allow owners
and operators of affected continuous process kilns to bypass the
control device and continue operating the kilns during periods when the
control device is offline for scheduled maintenance. However, the owner
or operator must request approval from the permitting authority before
taking the control device out of service. The owner or operator must
minimize the time periods during which the control device is offline
and must also minimize HAP emissions from the affected sources during
these periods. The owner or operator must also maintain records of all
maintenance activities and the time when the control device was
offline. In addition, procedures for minimizing HAP emissions during
periods when the control device is offline must be incorporated into
the OM&M plan for the kiln.
D. Definitions
We have modified the definitions of refractory product and research
and development process unit, and have added definitions for dry
limestone adsorber, period of natural gas curtailment or supply
interruption, resin-bonded refractory products, pitch-bonded refractory
products, and redundant sensor. We also deleted the incorporation by
reference of the publication ``Industrial Ventilation: A Manual of
Recommended Practice.''
IV. Summary of Responses to Major Comments
A. MACT Floors
Comment: One commenter pointed out that more than 30 refractory
products manufacturing plants have closed permanently over the past 3
years. The commenter stated that the MACT floors used to develop the
proposed rule are based on data that no longer reflect the current
status of the industry. The commenter believes that it is improper for
us to use the old data while the industry is in the process of
realignment. In response to a request by us, the same commenter
provided a list of 35 plants that have closed recently.
Response: We have reviewed the list of 35 recently closed plants
provided by the commenter and among those plants, we considered only
one, the North American Refractories plant in Womelsdorf, PA, to be a
major or synthetic area source of organic HAP. However, we were aware
of the impending closure of that particular facility before we
determined the MACT floors for the proposed rule, and we did not
include affected sources at that plant in our MACT floor analyses.
Because we based our determination of the MACT floors for sources of
organic HAP emissions only on major and synthetic area sources and none
of those plants has closed, the closing of the 35 plants has no impact
on the MACT floor analyses used to develop the proposed or final
NESHAP.
B. Emission Limits
Comment: One commenter stated that the proposed combustion
efficiency limit has no relationship to the MACT floors for thermal
process sources of organic HAP. He believes that the proposed
combustion efficiency limit is an arbitrary limit based on theoretical
calculations and is not supported by the data. The commenter also
stated that we cannot identify any plants that have met a 99.8 percent
combustion efficiency. He believes that the proposed combustion
efficiency limit cannot be met by existing sources; consequently, the
stringency of the 99.8 percent combustion efficiency limit will force
all affected facilities to meet the alternative proposed limit on THC.
The same commenter stated that he has been informed by control device
vendors that sources would have to operate well above the MACT floor
level of control to meet a 99.8 percent combustion efficiency limit.
Another commenter agreed that the combustion efficiency limit will
force the industry to meet the alternative THC limit. Both commenters
also stated that most of the thermal oxidizers currently used in the
refractory products manufacturing industry would not be able to meet
the outlet exhaust gas limitation of 3 percent carbon dioxide that is a
prerequisite for choosing the combustion efficiency limit compliance
option. One commenter added that sources controlled with catalytic
oxidizers would be unable to meet the 99.8 percent combustion
efficiency limit.
The same two commenters also commented on the appropriateness of a
combustion efficiency limit. One of the commenters stated that he
contacted thermal oxidizer vendors and a trade association that
represents control device manufacturers and vendors, all of whom stated
that they were unfamiliar with combustion efficiency. They indicated
that thermal oxidizer performance guarantees invariably are written in
terms of destruction and removal efficiency (DRE). The other commenter
concurred that vendors offer performance guarantees in terms of DRE and
not in terms of combustion
[[Page 18738]]
efficiency. The commenter stated that he believes that there is no
known correlation between combustion efficiency and DRE, and he noted
that we also have made that point on several occasions. Finally, the
same commenter stated that the Pennsylvania Department of Environmental
Resources informed him that they do not incorporate emission limits for
combustion efficiency in their operating permits.
Response: After reviewing these comments, we have decided not to
include the combustion efficiency limit in the final rule. Although we
still maintain that the proposed combustion efficiency limit could be
achieved by refractory products manufacturing sources that are
controlled to the MACT floor level, we acknowledge that refractory
products manufacturing industry personnel, vendors, emission testing
contractors, and permitting agency personnel may not be familiar with
the concept of using combustion efficiency as a measure of the control
of organic pollutants. In addition, combustion efficiency is
essentially an indicator of control device performance rather than a
direct measure of emissions reductions or control. There are
alternatives to a combustion efficiency limit that provide reliable
measures of control device performance and emissions reductions, and we
have included one such alternative, a percentage THC reduction, in the
final rule. We believe that a THC percentage reduction is a more
appropriate format for an emission limit than is combustion efficiency
because percentage reduction is a measure of emissions reductions and
can be related directly to the MACT floor for thermal process sources
of organic HAP.
Comment: Two commenters recommended that we consider a limit on DRE
instead of a combustion efficiency limit. One of the commenters stated
that control device vendors typically offer performance guarantees in
terms of a DRE limit, coupled with an outlet concentration limit for
low-emitting sources. The other commenter stated that an alternative
limit of 95 percent DRE for THC would be appropriate for the refractory
products manufacturing industry. One of the commenters evaluated two
catalytic oxidizers used at his facility. He concluded that the
oxidizers would be unable to meet a 99.8 percent combustion efficiency
limit or the proposed THC limit of 20 ppmvd, corrected to 18 percent
oxygen. However, he believes that both of the catalytic oxidizers he
evaluated could achieve a DRE of approximately 95 percent. The same
commenter also disagreed with our statement that a DRE limit would be
problematic due to the lack of access to control device inlets for
emission testing on most affected sources. He stated that facilities
can retrofit existing sources to allow for control device inlet
testing.
Response: We agree with the commenters that a DRE limit, which
generally is referred to as a percentage reduction limit in NESHAP,
would be appropriate for the refractory products manufacturing
industry. Consequently, we have decided to incorporate an emission
limit of 95 percent THC reduction in today's final rule as an
alternative to the THC emission concentration limit. We believe that
percentage reduction provides the best measure of the performance of a
control device in reducing organic emissions. Because percentage
reduction is a direct measure of emissions reductions, we also believe
it is more consistent with the MACT floor concept than is the proposed
combustion efficiency limit. Unlike combustion efficiency, we have THC
percentage reduction data for several refractory products manufacturing
sources. By comparing those data to the MACT floor levels established
by today's rule (see Docket No. OAR-2002-0088), we were able to
conclude that the 95 percent THC reduction limit that we have
incorporated into the final rule is representative of the emissions
reductions that sources controlled to the MACT floor level should be
able to achieve on a consistent basis.
Comment: One commenter commented on the fact that the same
combustion efficiency limit was proposed for several different types of
thermal process sources, such as periodic kilns, tunnel kilns, dryers,
and coking ovens. He believes that differences in the operation of
these various types of sources warrant different emission limits.
Response: We considered establishing separate emission limits for
each type of thermal process source of organic HAP. However, the MACT
floors for both existing and new sources are based on thermal oxidizer
control, and the MACT floor level thermal oxidizer operating
temperatures and residence times are similar for the various types of
thermal process sources. These thermal oxidizers represent relatively
high levels of control, and based on their design and operating
parameters, we would not expect there to be significant differences in
performance levels among them. Furthermore, when the theoretical
performance levels of these thermal oxidizers are compared, the
Arrhenius equation predicts that all of them would achieve essentially
complete control of organic emissions. The available valid emission
test data on organic emissions from controlled thermal process sources
of organic HAP also do not support making such distinctions in emission
limits. Consequently, we decided to establish the same emission limits
for all types of thermal process sources of organic HAP subject to
today's final rule.
Comment: Two commenters stated that the available emission data do
not support the proposed THC limit of 20 ppmvd. The commenters believe
that the data support an emission limit of 30 ppmvd THC, based on the
average THC emission concentration for the available test data on
controlled kilns.
Response: To determine the MACT floors and the corresponding
emission limits for existing sources, we first must consider the number
of sources in operation at major and synthetic area source facilities.
In the case of kilns that are used to fire refractory products that
contain organic HAP, there are fewer than 30 kilns that can be
considered in establishing the MACT floor. Under section 112(d)(3) of
the CAA, we must select the average or median of the best-performing
five sources. In this case, the MACT floor for kilns corresponds to the
third-best performing kiln.
To rank kilns in terms of their performance in controlling organic
HAP emissions, we needed emissions data for each of the best-performing
kilns. However, we did not have data on emissions of organic HAP (or
THC as a surrogate for organic HAP) for any of the best-controlled
kilns. The specific kilns referenced by the commenters are not among
the best-performing kilns in operation at major or synthetic area
source facilities, so it would be contrary to the requirements of the
CAA to average emission data for those kilns, as the commenters
suggest, because such an average would include data from sources that
are clearly not among the top five best-performing kilns located at
major or synthetic area source facilities.
An alternative approach to determining MACT floors by ranking
sources according to demonstrated emissions reductions is to rank the
sources based on the likely performance level of the control devices in
place. We used this alternative approach to determine the MACT floors
for organic HAP emissions from thermal process sources. Using the
Arrhenius equation, we ranked all of the controlled kilns located at
major or synthetic area source facilities and selected the third-best
kiln as the MACT floor. However, to develop the 20 ppmvd THC emission
limit, we did consider all of the available data,
[[Page 18739]]
including the kiln emission data referenced by the commenters. After
considering the design of the control devices for those kilns and the
likely variations in emission data, we concluded that the available
data support a 20 ppmvd THC emission limit.
Comment: One commenter stated that Congress intended MACT standards
to be industry-specific, and he objected to the use of data for the
brick and structural clay products industry to establish emission
limits for HF and HCl from clay refractory products kilns. The
commenter stated that it is inappropriate to use data from another
industry to develop emission limits for the refractory products
manufacturing industry.
Response: Section 112(d) of the CAA requires us to establish
emission limits for new sources based on the performance of the best-
controlled similar source. The CAA does not specify that the similar
source must be within the same source category. To the contrary, our
interpretation of section 112(d) is that we are obligated to consider
similar sources from other source categories in determining the best-
controlled similar source for establishing MACT for new sources.
For clay refractory products kilns, we concluded that the best-
controlled similar sources are found in the brick and structural clay
products industry. We believe that brick kilns are similar to clay
refractory products kilns for several reasons: (1) Most clay refractory
products are fired in tunnel kilns, as is the case for brick
manufacturing; (2) in both industries, tunnel kilns are designed to
have three temperature zones, a preheating or drying zone, a firing
zone, and a cooling zone; (3) in both industries, unfired shapes
(bricks or refractories) are loaded onto rail cars and transported
through each successive temperature zone through a series of timed
pushes; (4) both clay refractory kilns and brick kilns typically
operate at peak temperatures of approximately 2000[deg]F; (5) firing
times in clay refractory and brick kilns are similar; (6) the raw
materials used in producing bricks (primarily common clay and shale,
but also fire clay) and clay refractories (primarily fire clay) are
similar; and (7) at least one refractory products manufacturer fires
both clay refractory products and brick and structural clay products in
the same kilns.
The HF and HCl controls currently used in the brick and structural
clay products industry are a function of kiln size (i.e., production
rate). Kilns with production capacities of less than 9.1 Mg/hr (10
tons/hr) are classified as small kilns, and those with production
capacities of at least 9.1 Mg/hr (10 tons/hr) are classified as large
kilns. For small brick kilns, the best-performing source is a kiln
controlled with a DLA. For large kilns, the best-performing sources are
those controlled with either a DIFF, DLS/FF, or wet scrubber. Although
DIFF, DLS/FF, and wet scrubbers generally are more effective than DLA
in reducing emissions of HF and HCl, large kiln controls require
minimum exhaust gas flow rates that are significantly higher than the
flow rates characteristic of small kilns. Consequently, the DLA is the
only device that has been demonstrated to be feasible for controlling
HF and HCl emissions from small brick kilns. Using the same size
classification system, the clay refractory products kilns currently in
operation would all be classified as small kilns. All operate at less
than 9.1 Mg/hr (10 tons/hr), and 90 percent operate at no more than 4.5
Mg/hr (5 tons/hr). Because of the similarities in design and operation
discussed in the previous paragraph, and taking into account kiln size,
we have concluded that small brick kilns and clay refractory products
kilns are similar sources. In the final rule, we are incorporating HF
and HCl emission limits based on the performance of DLA-controlled
brick kilns.
Comment: One commenter expressed concern with how we used data for
the brick and structural clay products industry to develop emission
limits for new clay refractory products kilns. He stated that we used
the same data to propose more stringent HF and HCl limits for new clay
refractory products kilns than were proposed for new brick and
structural clay products kilns under the proposed Brick and Structural
Clay Products NESHAP (67 FR 47894, July 22, 2002). The proposed HF
emission limit for new brick and structural clay products kilns is
0.014 kg/Mg (0.027 lb/ton), whereas the proposed HF limit for new clay
refractory products kilns is 0.001 kg/Mg (0.002 lb/ton). In addition,
the proposed HCl emission limit for new brick and structural clay
products kilns is 0.019 kg/Mg (0.037 lb/ton), whereas the proposed HCl
limit for new clay refractory products kilns is 0.0025 kg/Mg (0.005 lb/
ton).
Response: In selecting the proposed HF and HCl emission limits for
new clay refractory products kilns, we reviewed the available emission
data from the brick and structural clay products industry and selected
the single best-performing similar source, which was an individual
brick kiln controlled with a DLS/FF. To select the HF and HCl emission
limits for brick kilns in the proposed Brick and Structural Clay
Products NESHAP, we used a different approach based on the overall
performance of the available control technologies. We reviewed the
available data and concluded that the three best-performing control
technologies (DLS/FF, DIFF, and wet scrubbers) are essentially
comparable in terms of reducing HF and HCl emissions. We also
considered the variability in the data and selected the percentage
reductions that we believe all three technologies can achieve on a
continuous basis according to the available test data. We used those
percentage reductions, which were 95 percent for HF and 90 percent for
HCl, to derive the proposed production-based emission limits from the
emission factors for uncontrolled HF and HCl from brick kilns. Those
production-based emission limits were 0.014 kg/Mg (0.027 lb/ton) for HF
and 0.019 kg/Mg (0.037 lb/ton) for HCl. After reconsidering both
approaches for selecting emission limits, we have concluded that the
technology-based approach that we used to develop the emission limits
for the proposed Brick and Structural Clay Products NESHAP is the
appropriate method for establishing HF and HCl emission limits for new
clay refractory products kilns.
In the proposed Brick and Structural Clay Products NESHAP, we also
subcategorized according to kiln size by differentiating between large
kilns (i.e., those with production capacities of 9.1 Mg/hr (10 tons/hr)
or greater) and small kilns (i.e., those with production capacities
that are less than 9.1 Mg/hr (10 tons/hr)). For today's final rule, we
have incorporated this same size classification system into our
determination of the emission limits for new clay refractory products
kilns. We have concluded that small brick kilns are similar to clay
refractory products kilns and that the best-controlled similar source
for clay refractory products kilns is a small brick kiln controlled
with a DLA. Although there are other technologies that perform well in
controlling HF and HCl emissions from brick kilns (i.e., DLS/FF, DIFF,
and wet scrubbers), those control devices have been used only on large
brick kilns. On the other hand, DLA are currently in use on both large
and small brick kilns. The available data indicates that a DLA can
achieve emissions reductions of 90 percent HF and 30 percent HCl on a
consistent basis. We have applied these emissions reductions to HF and
HCl data from uncontrolled clay refractory products kilns and are
incorporating into today's final rule the
[[Page 18740]]
revised emission limits for new clay refractory products kilns. The
resulting emission limits for HF are a 90 percent reduction or 0.019
kg/Mg (0.038 lb/ton) of uncalcined clay processed. For HCl, the limits
are a 30 percent reduction or 0.091 kg/Mg (0.18 lb/ton) of uncalcined
clay processed.
Comment: One commenter questioned the need to establish emission
limits for chromium refractory products kilns. He stated that chromium
compounds should be treated no differently than any of the other listed
HAP. He noted that the use of chromium for refractory products
manufacturing has decreased significantly in recent years, and that our
own estimates indicate that total chromium compound emissions in 1996
were less than 10 tpy for the entire industry. He also pointed out that
the large chromium refractory products facility referenced in the
proposal has been shut down.
Response: As noted by the commenter, chromium compounds are one of
the listed HAP in section 112(b) of the CAA. Chromium, in the form of
chromite or chromium oxide, is a principal ingredient in the
formulation of many refractory products and is emitted from kilns that
fire chromium refractory products. Some of the chromium is emitted in
the hexavalent form, which is a known human carcinogen. Under section
112(d) of the CAA, we are required to establish emission standards that
are at least as stringent as the MACT floor for all listed HAP that are
emitted from major sources. Consequently, regardless of the trend in
chromium refractory production, we are required to establish emission
limits based on the MACT floor level of control, which for chromium
refractory products kilns is the work practice of firing kilns with
natural gas or the equivalent.
Comment: One commenter opposed the provision in the proposed rule
that limits the types of fuels used to fire clay and chromium
refractory products kilns. He stated that many refractory products
manufacturing industry kilns are designed to use fuels other than
natural gas, such as fuel oil, propane, and pulverized coal. The need
to use these alternative fuels is of particular importance during
natural gas shortages or price increases. He pointed out that during
natural gas shortages, residential users receive priority over
industrial users of natural gas. He believes that prohibiting the use
of these alternative fuels could adversely impact the viability of some
refractory products manufacturing operations.
Response: We agree with the commenter that the Refractory Products
Manufacturing NESHAP should include appropriate provisions for the use
of alternative fuels during specified times of natural gas curtailment
and other situations when natural gas is unavailable. We consider such
situations analogous to malfunctions, which are addressed in 40 CFR
63.6. Just as an exceedance of emission limits during a malfunction is
not considered a violation, as indicated in 40 CFR 63.6(f)(1) and
(h)(1), we believe that using other fuels during periods when natural
gas is unavailable should also not be considered a violation of the
work practice standard for clay and chromium refractory products kilns.
We also note that operating permits for existing refractory products
manufacturing facilities generally allow the use of fuel oil and other
substitutes for natural gas in some situations. Thus, the MACT floor
for existing clay and chromium refractory products kilns is the use of
natural gas or equivalent fuel except during periods when natural gas
is unavailable.
In the final rule, we are allowing owners and operators of affected
chromium and clay refractory products kilns to use alternative fuels
during periods when natural gas in unavailable due to a supply
curtailment or other factors. However, we do not believe that natural
gas price increases constitute such a situation, and the final rule
makes it clear that natural gas prices cannot be considered the basis
for a MACT floor that requires using an alternative fuel. The final
rule also requires owners or operators to notify the regulatory
authority within 48 hours after the declaration of natural gas
curtailment or the interruption of natural gas supply. In addition, the
owner or operator must submit a report that details the dates of
alternative fuel usage and the amount of alternative fuel used within
10 working days after the facility terminates the use of the
alternative fuel.
C. Compliance Testing and Monitoring
Comment: One commenter stated that the requirement to test batch
process sources during three separate process cycles is redundant,
unnecessary, and burdensome. He believes that it would be adequate to
test one process cycle. He pointed out that there are significant
variations in product mixes and raw materials from cycle to cycle, and
that while it could be argued that testing one cycle is adequate, it
could also be argued that testing ten cycles is inadequate for
characterizing emissions. He noted that testing during cool-down
periods, in particular, is unnecessary.
Response: We agree with the commenter that testing batch process
sources for three cycles of a ``worst-case'' batch may be unnecessary
to characterize emissions and control device performance. Under the
final rule, we are requiring owners and operators of affected batch
process sources to perform at least two test runs on each of two
separate process cycles. We believe that a second test run is necessary
to corroborate the results of the initial test run. However, we also
note that each test run on a batch process source must be a minimum of
3 hours in duration, and for many batch process sources, the minimum
test run duration is likely to be in excess of 10 hours. Thus, even
requiring only two test runs will necessitate at least 20 hours of
testing for such sources, and we consider a test of that duration to be
adequate for demonstrating compliance with emission limits. We also
note that other NESHAP, such as subparts U, JJJ, OOO, and UUUU to 40
CFR part 63, do not require batch process sources to be tested for
three test runs.
We are also including in the final rule a separate batch process
testing provision for refractory products that are produced
infrequently. In such cases, we are allowing owners and operators of
affected batch process sources to test a single batch process cycle
using two separate sampling trains simultaneously, rather than
requiring them to conduct test runs over two separate batch cycles.
Many refractory products that are produced in batch process sources are
specialty items that may only be manufactured a few times per year.
When such products represent the ``worst-case'' in terms of organic HAP
emissions, requiring multiple test runs over separate process cycles
could extend the test period over several weeks or months. Production
of other refractory products could inadvertently be disrupted while the
facility attempts to complete its compliance demonstration. We also
point out that requiring performance tests on batch process sources to
be conducted over no more than a single process cycle is not without
precedent; at least four other NESHAP (subparts U, JJJ, OOO, and UUUU
to 40 CFR part 63) require batch process sources to be tested over only
a single process cycle. To satisfy this provision of today's final
rule, owners or operators will be required to include in the
Notification of Performance Test an explanation for why testing two
separate batch cycles is impractical.
Comment: Two commenters expressed concern with the requirement that
the compliance test on an affected source would have to be repeated
before
[[Page 18741]]
the facility began manufacturing a new product that represents the
``worst-case'' in terms of organic HAP emissions (i.e., the organic HAP
processing rate for the new product would exceed the maximum organic
HAP processing rate established during the most recent performance
test). One commenter stated that this requirement would be costly,
time-consuming, and could result in disruptions in production. Another
commenter further elaborated that production delays could result while
the facility tries to schedule a performance test. Both commenters
requested that we specify a level for the allowable changes in the HAP
content of raw materials and not require a new compliance test when the
changes in HAP content are below that level. One of the commenters
stated that a level of 10 percent would be appropriate.
Response: We agree with the commenters that a new compliance test
should not be required when a facility begins producing a new product
that constitutes a slight increase in the maximum organic HAP
processing rate established during the most recent performance test. We
have written this provision in the final rule to allow increases in the
maximum organic HAP processing rate up to 10 percent without triggering
a new performance test. We believe this is appropriate for two reasons.
The HAP content of some raw materials (e.g., resins or binders) used in
refractory products manufacturing can vary slightly from shipment to
shipment, and those variations may be beyond the control of the user.
Even if the HAP content of the resin or binder is 10 percent more than
the HAP content of the same material that was processed during the
compliance test, the net increase in controlled emissions would most
likely be within the measurement error of the test method. Therefore,
we believe it is reasonable to allow increases of up to 10 percent in
the organic HAP processing rate without requiring a new compliance
test.
Comment: Two commenters questioned the requirement for monitoring
catalytic oxidizer temperatures at the inlet to the catalyst bed. Both
commenters stated that monitoring the catalyst bed outlet temperatures
would be a much better indicator of performance.
Response: We disagree with the commenters that monitoring catalyst
bed outlet temperatures would provide a better indication of catalyst
oxidizer performance than monitoring catalyst bed inlet temperatures.
Monitoring catalyst bed inlet temperatures ensures that the inlet gas
stream is heated to the minimum temperature at which catalytic
oxidation will occur. Above this minimum temperature, as temperature
increases through catalytic oxidization, control (destruction)
efficiency increases. We also note that the monitoring of inlet
temperature must be performed at the inlet to the catalyst bed and not
at the inlet to the oxidizer itself. After passing through the inlet to
the oxidizer, the waste gases pass through a preheat zone, which raises
the temperature to the minimum required for catalytic oxidization.
Monitoring must take place between this preheat zone and the inlet to
the catalyst bed. We do not believe that monitoring catalyst bed outlet
temperatures would be appropriate for two reasons: (1) Catalyst bed
outlet temperature is more of an indicator of the concentration of
organics in the inlet gas stream; the higher the organic concentration
at the inlet, the higher the bed outlet temperature; and (2) some
catalytic oxidizers are equipped with heat recovery units that are
located at the outlet of the catalyst bed and can interfere with bed
outlet temperature monitoring. Consequently, we have concluded that
monitoring the bed inlet temperature is a better indicator of the
performance of catalytic oxidizers than bed outlet temperature
monitoring. We continue to require catalyst bed inlet temperature
monitoring in the final rule. In addition, we are requiring owners or
operators of affected sources that are controlled with catalytic
oxidizers to measure the activity of the catalyst bed at least every 12
months and take whatever corrective action is needed, such as replacing
the catalyst, to ensure that the catalyst is performing as designed.
D. Economic and Environmental Impacts
Comment: Two commenters disagreed with our estimates of the annual
increase in energy costs that would be associated with the proposed
NESHAP. One of the commenters stated that, based on our estimated
annual energy costs of $569,800 and estimated annual natural gas
consumption of 644 million cubic feet (644 x 10\6\ ft\3\), the unit
price for natural gas would be $0.89 per thousand standard cubic feet
(scf) ($/1,000 scf) without accounting for electricity costs. If the
cost of electricity is considered, the resulting unit price for natural
gas would be even lower. He pointed out that current unit prices for
natural gas are considerably higher. The average natural gas unit
prices in four States (Kentucky, Missouri, Indiana, and Pennsylvania)
for the years 2000 to 2002 ranged from $6.34 to $6.97/1,000 scf and
averaged $6.37/1,000 scf for the four States. Based on data from the
Department of Energy's Energy Information Administration (DOE-EIA), one
of the commenters stated that the average unit price for natural gas in
2001 was $4.56/1,000 scf. The commenter believes that, regardless of
which of these current unit prices are used, the estimated annual
energy costs should have been several times greater.
Response: After reviewing our estimated annual energy costs, we
discovered an error in our estimate that an additional 644 x 10\6\
ft\3\ of natural gas would be consumed annually under the proposed
NESHAP. That estimate was based on the inclusion of several sources
that would not have been subject to the final rule. However, we did not
use that figure (644 x 10\6\ ft\3\) to estimate annual energy costs.
Our estimated annual energy costs were based on the assumption that
annual natural gas consumption would increase by 158 x 10\6\ ft\3\.
That figure was derived from the models used to estimate annual control
costs, and we believe that figure is accurate. Using a consumption of
158 x 10\6\ ft\3\ of natural gas per year and a natural gas unit price
of $3.30/1,000 scf, we estimated the cost of natural gas to be
$520,200/yr. The difference between this cost and the total energy
costs presented in the preamble to the proposed rule ($569,800) is the
cost of electricity, which we estimated to be approximately $49,600/yr.
We agree with the commenters that current natural gas unit prices
are considerably higher than the unit price ($3.30/1,000 scf) that we
used to estimate energy costs for the proposed rule. However, according
to DOE-EIA, natural gas prices are projected to drop back to their pre-
1999 levels within a year and remain below $4.00/1,000 scf until the
year 2020. Natural gas unit prices are projected to average $3.45/1,000
scf for the years 2006 to 2009, which represent the first 3 years in
which facilities will be required to comply with the Refractory
Products Manufacturing NESHAP. This average unit price is only slightly
higher than the unit price of $3.30/1,000 scf that we used to estimate
energy costs for the proposed rule. Furthermore, electricity prices are
projected by DOE-EIA to average $0.043 per kilowatt-hour (kw-hr) for
the same 3-year period, whereas our estimated energy costs were based
on electricity unit prices of $0.059/kw-hr. Using those projected unit
prices for natural gas and electricity, our energy costs for the
proposed rule would have been $580,000, as compared to the figure of
$569,800 reported in the preamble to the proposed rule. (See
[[Page 18742]]
Docket No. OAR-2002-0088 for additional information).
Comment: Two commenters stated that the proposed Refractory
Products Manufacturing NESHAP does not account for the current economic
status of the refractory products manufacturing industry. One of the
commenters noted that approximately 40 percent of the domestic steel
industry is in bankruptcy, and the steel industry accounts for about 60
percent of the domestic refractory products market. He also pointed out
that three major refractory products manufacturing companies are in
bankruptcy, more than 30 plants have permanently closed in recent
years, and pressure from foreign competition in the refractory products
market is increasing. The other commenter reiterated the statements of
the first commenter regarding bankruptcies among major domestic
refractory producers and the increase in foreign competition.
Response: During the early stages of regulatory development, we
issued an information collection request (ICR) to the refractory
products manufacturing industry. Our economic impact analysis (EIA)
makes use of detailed facility-level data on production for the year
1997 obtained from the industry's responses to the ICR. This
information, along with publically available data (i.e., U.S. Census
Bureau), was used at proposal to construct a model of the markets for
refractory products that is consistent with market, facility, and
company conditions in 1997. Because the ICR provided data only for
1997, we are limited in our ability to update the model completely to
reflect conditions in later years. However, for the final rule we have,
to the extent practicable, updated the economic model to reflect
current market conditions, including: (1) The exclusion of refractory
manufacturing facilities known to have closed since the base year of
1997; (2) the assumption that producers will absorb the full cost of
the rule; with only six out of 147 producers affected by the rule and
the financial stress on the industry, we assume producers will be
unable to increase market prices to recover some of their increase in
production costs; and (3) the incorporation of parameters from a recent
update of an iron and steel model to inform the estimated demand for
refractories (i.e., the demand elasticity, or the sensitivity of demand
from the steel market based on market conditions in the iron and steel
industry). The iron and steel model was specifically revised to address
current conditions in the steel industry.
We also acknowledged in the EIA at proposal that both steel and
refractory manufacturing companies are currently under financial
stress. In the EIA, we discussed several trends that have placed
considerable pressure on refractory manufacturers, including reduced
production by integrated domestic steelmakers, improved quality of
refractories (thus requiring less frequent replacement), and increased
imports of refractory products.
We note that the vast majority of facilities in the industry (both
foreign and domestic producers) are unaffected by the rule. The
regulatory costs of the rule are approximately $2 million per year,
which represents a small share of total industry production costs of
approximately $2,300 million per year. In the model for the final rule,
prices are not predicted to change, and the quantities of refractories
produced are projected to decrease by 3,792 tons. It is assumed that
the loss in domestic production will be absorbed by foreign imports.
Our analysis concludes these six facilities incurring regulatory costs
will absorb the majority of the costs and burden of the rule, with one
facility projected to close as a result of the rule. At the parent
company level, the costs uniformly are less than 1 percent of baseline
corporate sales. Overall, we have adjusted the economic model to
address the issues raised by the commenters, and we believe that the
final rule will have a limited impact on the refractory products
manufacturing industry.
E. Definitions
Comment: Two commenters commented on how the term refractory
product is defined in the proposed rule. Both commenters stated that,
based on this definition, some graphite manufacturing sources could be
confused with certain refractory products manufacturing sources that
would be affected by the final rule. It is their understanding that we
intend to develop a separate NESHAP for the graphite manufacturing
industry, and graphite manufacturing sources, although similar to some
refractory products manufacturing sources, would not be subject to the
Refractory Products Manufacturing NESHAP. The commenters suggested
adding the phrase, ``. . . containing less than 50 percent carbon'' to
the definition of refractory product.
Response: We agree with the commenters that the definition of
refractory product in the proposed rule could inadvertently affect
certain graphite manufacturing sources. Consequently, we have written
the definition as requested by the commenters. In addition, we are
including a definition for pitch-bonded refractory products in the
final rule. We believe that definition will help to preclude graphite
baking ovens, which are not subject to today's final rule, from being
classified as pitch-bonded curing ovens, which are regulated under
today's final rule.
Comment: One commenter commented on how the term research and
development process unit is defined in the proposed rule. The commenter
stated that the proposed definition is inconsistent with the definition
of research and development facilities specified in section 112(c)(7)
of the CAA, 40 CFR 63.41, and several other NESHAP published in 40 CFR
part 63. The difference between those definitions and the proposed
definition specified in the Refractory Products Manufacturing NESHAP is
the exclusion of the phrase ``in a de minimis manner'' from the
proposed rule.
Response: We agree with the commenter that the definition of
research and development process unit in the Refractory Products
Manufacturing NESHAP should be consistent with the definition of
research facilities in the CAA and in other rules. We have written the
definition of research and development process unit as suggested by the
commenter.
V. Summary of Impacts
A. What Are the Health Impacts?
The HAP that will be controlled by today's final rule are
associated with a variety of adverse health effects. These adverse
health effects include chronic health disorders (e.g., irritation of
the lung, skin, and mucous membranes, gastrointestinal effects, and
damage to the kidneys and liver) and acute health disorders (e.g.,
respiratory irritation and central nervous system effects such as
drowsiness, headache, and nausea). The EPA has classified two of the
HAP (formaldehyde and POM) as probable human carcinogens.
The EPA does not have the type of current detailed data on each of
the facilities and the people living around the facilities covered by
today's final rule for this source category that would be necessary to
conduct an analysis to determine the actual population exposures to the
HAP emitted from these facilities and the potential for resultant
health effects. Therefore, EPA does not know the extent to which the
adverse health effects described above occur in the populations
surrounding
[[Page 18743]]
these facilities. However, to the extent the adverse effects do occur,
and today's final rule reduces emissions, subsequent exposures will be
reduced.
Following is a discussion of the health effects of seven HAP:
ethylene glycol, formaldehyde, HF, HCl, methanol, phenol, and POM.
Although today's rule will reduce emissions of HF and HCl from any new
clay refractory product kilns that emit these HAP, it will not reduce
emissions of these HAP from existing kilns. We estimate that emissions
of methanol from affected existing thermal process sources of organic
HAP (i.e., shape dryers, curing ovens, and kilns) also will not be
reduced by today's final rule. However, methanol is a constituent of
some resins used in resin-bonded refractory production, and today's
final rule will regulate methanol emissions from any affected source
that produces refractory products made with resins that contain
methanol.
Ethylene Glycol
Acute (short-term) exposure of humans to ethylene glycol by
ingesting large quantities causes central nervous system depression
(including drowsiness and respiratory failure), gastrointestinal upset,
cardiopulmonary effects, and renal damage. The only effects noted in
the one available study of humans acutely exposed to low levels of
ethylene glycol by inhalation were throat and upper respiratory tract
irritation. Rats and mice exposed chronically (long-term) to ethylene
glycol in their diet exhibited signs of kidney toxicity and liver
effects. No information is available on the reproductive or
developmental effects of ethylene glycol in humans, but several studies
of rodents have shown ethylene glycol to be fetotoxic. The EPA has not
classified ethylene glycol for carcinogenicity.
Formaldehyde
Both acute and chronic exposure to formaldehyde irritates the eyes,
nose, and throat, and may cause coughing, chest pains, and bronchitis.
Reproductive effects, such as menstrual disorders and pregnancy
problems, have been reported in female workers exposed to formaldehyde.
Limited human studies have reported an association between formaldehyde
exposure and lung and nasopharyngeal cancer. Animal inhalation studies
have reported an increased incidence of nasal squamous cell cancer. The
EPA considers formaldehyde a probable human carcinogen (Group B2).
Hydrogen Fluoride
Acute inhalation exposure to gaseous HF can cause severe
respiratory damage in humans, including severe irritation and pulmonary
edema. Chronic exposure to fluoride at low levels has a beneficial
effect of dental cavity prevention and may also be useful for the
treatment of osteoporosis. Exposure to higher levels of fluoride may
cause dental fluorosis or mottling, while very high exposures through
drinking water or air can result in crippling skeletal fluorosis. One
study reported menstrual irregularities in women occupationally exposed
to fluoride. The EPA has not classified HF for carcinogenicity.
Hydrogen Chloride
Hydrogen chloride, also called hydrochloric acid, is corrosive to
the eyes, skin, and mucous membranes. Acute inhalation exposure may
cause eye, nose, and respiratory tract irritation and inflammation and
pulmonary edema in humans. Chronic occupational exposure to HCl has
been reported to cause gastritis, bronchitis, and dermatitis in
workers. Prolonged exposure to low concentrations may also cause dental
discoloration and erosion. No information is available on the
reproductive or developmental effects of HCl in humans. In rats exposed
to HCl by inhalation, altered estrus cycles have been reported in
females, and increased fetal mortality and decreased fetal weight have
been reported in offspring. The EPA has not classified HCl for
carcinogenicity.
Methanol
Acute or chronic exposure of humans to methanol by inhalation or
ingestion may result in blurred vision, headache, dizziness, and
nausea. No information is available on the reproductive, developmental,
or carcinogenic effects of methanol in humans. Birth defects have been
observed in the offspring of rats and mice exposed to methanol by
inhalation. A methanol inhalation study using rhesus monkeys reported a
decrease in the length of pregnancy and limited evidence of impaired
learning ability in offspring. The EPA has not classified methanol with
respect to carcinogenicity.
Phenol
Acute inhalation and dermal exposure to phenol is highly irritating
to the skin, eyes, and mucous membranes in humans. Oral exposure to
small amounts of phenol may cause irregular breathing, muscular
weakness and tremors, coma, and respiratory arrest at lethal
concentrations. Anorexia, progressive weight loss, diarrhea, vertigo,
salivation, and a dark coloration of the urine have been reported in
chronically exposed humans. Gastrointestinal irritation and blood and
liver effects have also been reported. No studies of developmental or
reproductive effects of phenol in humans are available, but animal
studies have reported reduced fetal body weights, growth retardation,
and abnormal development in the offspring of animals exposed to phenol
by the oral route. The EPA has classified phenol in Group D, not
classifiable as to human carcinogenicity.
Polycyclic Organic Matter
The term polycyclic organic matter defines a broad class of
compounds that includes the polycyclic aromatic hydrocarbon (PAH)
compounds, of which benzo[a]pyrene is a member. Dermal exposures to
mixtures of PAH cause skin disorders in humans and animals. No
information is available on the reproductive or developmental effects
of POM in humans, but animal studies have reported that oral exposure
to benzo[a]pyrene causes reproductive and developmental effects. Human
studies have reported an increase in lung cancer in humans exposed to
POM-bearing mixtures including coke oven emissions, roofing tar
emissions, and cigarette smoke. Animal studies have reported
respiratory tract tumors from inhalation exposure to benzo[a]pyrene and
forestomach tumors, leukemia, and lung tumors from oral exposure to
benzo[a]pyrene. The EPA has classified seven PAH compounds
(benzo[a]pyrene, benz[a]anthracene, chrysene, benzo[b]fluoranthene,
benzo[k]fluoranthene, dibenz[a,h]anthracene, and indeno[1,2,3-
cd]pyrene) as Group B2, probable human carcinogens.
B. What Are the Air Emission Reduction Impacts?
At the current level of control and 1996 production levels, we
estimate nationwide emissions of HAP from the refractory products
manufacturing industry to be about 246 Mg/yr (271 tpy). For the eight
refractory products facilities that we estimate to be major sources,
baseline annual HAP emissions are about 153 Mg/yr (169 tpy). We
estimate that today's final rule will reduce nationwide HAP emissions
by about 124 Mg/yr (137 tpy).
Among the major sources, POM emissions account for approximately 60
percent of the total annual HAP emissions. Phenol, HF, HCl, and
ethylene glycol account for 13 percent, 10 percent, 7 percent, and 7
percent of total annual HAP emissions,
[[Page 18744]]
respectively. Formaldehyde and chromium compounds each account for less
than 1 percent of total baseline annual HAP emissions. Today's final
rule will reduce annual POM emissions by as much as 90 Mg/yr (99 tpy).
Emissions of phenol and ethylene glycol will be reduced by
approximately 19 Mg/yr (21 tons/year) and 11 Mg/yr (12 tpy),
respectively. Implementing today's rule will also reduce volatile
organic compound (VOC) and carbon monoxide (CO) emissions by 166 Mg/yr
(182 tpy) and 71 Mg/yr (78 tpy), respectively. The final rule will
result in an increase in annual nitrogen oxides (NOX)
emissions of about 79 Mg/yr (87 tpy) due to the operation of additional
thermal oxidizers to control organic HAP emissions.
Indirect or secondary air impacts of today's final rule result from
increased electricity usage associated with operation of control
devices required by the rule. Assuming that affected plants will
purchase electricity from a power plant, we estimate that the final
rule will result in increases of secondary emissions of criteria
pollutants, including particulate matter less than 10 micrometers in
aerodynamic diameter (PM-10), sulfur dioxide (SO2),
NOX, and CO from power plants. Under today's final rule,
secondary PM-10 emissions will increase by 0.22 Mg/yr (0.24 tpy);
secondary SO2 emissions will increase by about 8.9 Mg/yr
(9.8 tpy); secondary NOX emissions will increase about 4.5
Mg/yr (4.9 tpy); and secondary CO emissions will increase by about 0.15
Mg/yr (0.16 tpy).
We estimate that there will be no new sources within the refractory
products manufacturing industry within the next 3 years. Therefore, we
are not projecting air impacts for new sources under today's final
rule.
C. What Are the Cost Impacts?
The estimated total capital costs of today's final rule are $4.6
million. These capital costs apply to existing sources and include the
costs to purchase and install thermal oxidizers on affected sources
that are not currently controlled. The estimated annualized cost of
today's final rule is $2.3 million. The annualized costs account for
the annualized capital costs of the control and monitoring equipment,
operation and maintenance expenses, performance testing, and
recordkeeping and reporting costs.
D. What Are the Economic Impacts?
Given the estimated costs to comply with the regulation, we
prepared an economic analysis to evaluate how these costs would impact
producers and consumers of refractories, and society as a whole. The
refractory products manufacturing industry currently consists of 147
establishments. There are eight major sources in the industry affected
by the rule, six of which will incur costs to reduce emissions and
report compliance, and two of which only incur minor recordkeeping and
reporting costs. In recent years, the industry has experienced
substantial financial stress that coincides with the decline in the
steel industry, which is a major consumer of refractory products. Since
our analysis at proposal, the number of facilities in operation has
decreased by 14 due to bankruptcies or closures.
The industry consists of three market sectors, including: bricks
and shapes, monolithics, and RCF. In 1997, the industry produced about
two million tons of bricks and shapes, 870,000 tons of monolithics, and
about 34,000 tons of RCF for a total market value of approximately two
billion dollars.
The total annualized regulatory compliance cost of the rule is $2.3
million (in 1998 dollars), which represents 0.001 percent of total
market value. Because foreign competition currently has a strong
influence on this industry, and only six out of 147 producers are
affected by the rule, our analysis of the final rule assumes that
producers of bricks and shapes will not be able to increase prices to
recover a portion of the compliance costs. Thus, these producers are
assumed to absorb the full cost of the regulation, which represents the
maximum potential impact on producers. If prices happen to rise as a
result of the regulation, impacts on producers will be lower than
reported here.
Our analysis predicts that domestic production of bricks and shapes
will decrease by approximately 4,000 tons (or 2/10ths of one percent).
Foreign imports are assumed to absorb this loss in domestic production,
which represents approximately two percent of total foreign imports.
The monolithics and RCF sectors of the market are not subject to the
rule and thus no price or production level changes are predicted. After
accounting for the changes in the market for refractories and the
increase in foreign imports, the total cost of the regulation on
society as a whole is approximately $2 million.
Of the eight plants affected by the rule, one facility may close
due to regulatory costs. The estimated regulatory cost to this facility
assumes the use of add-on controls, which would exceed the total
revenues of this facility, hence our model estimates that it would
close. However, we recognize that this facility, as well as the other
affected facilities, have several options to change input materials, or
attributes of their production process such that they could
substantially reduce the cost associated with add-on control
technology. Without explicit knowledge of decisions to be made by this
and other facilities in response to the regulation, our analysis
assumes that only add-on control technology will be installed.
E. What Are the Non-Air Quality Environmental and Energy Impacts?
To comply with today's final rule, we expect that affected
facilities will control organic HAP emissions by installing and
operating thermal oxidizers. Therefore, we project that today's rule
will have no water or solid waste impacts.
Energy impacts consist of the electricity and fuel needed to
operate control devices and other equipment that are required under the
final rule. Assuming that affected facilities comply with the final
rule by installing and operating thermal oxidizers, we project that
today's final rule will increase overall energy demand (i.e.,
electricity and natural gas) by about 280 thousand gigajoules per year
(265 billion British thermal units per year). Electricity requirements
are expected to increase by about 1,570 megawatt-hours per year under
today's rule. Natural gas requirements are expected to increase by
about 7 million cubic meters per year (250 million cubic feet per year)
under today's final rule.
VI. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), EPA
must determine whether the regulatory action is ``significant'' and,
therefore, subject to review by the Office of Management and Budget
(OMB) and the requirements of the Executive Order. The Executive Order
defines ``significant regulatory action'' as one that is likely to
result in a rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees,
[[Page 18745]]
or loan programs, or the rights and obligation of recipients thereof;
or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
Pursuant to the terms of Executive Order 12866, it has been
determined that this rule is not a ``significant regulatory action''
because none of the listed criteria applies to this action.
Consequently, this action was not submitted to OMB for review under
Executive Order 12866.
B. Paperwork Reduction Act
The information collection requirements in the final rule will be
submitted for approval to OMB under the requirements of the Paperwork
Reduction Act, 44 U.S.C. 3501 et seq. The EPA has prepared an
Information Collection Request (ICR) document (ICR No. 2040.01), and a
copy may be obtained from Susan Auby by mail at U.S. EPA, Office of
Environmental Information, Collection Strategies Division (MD-2822T),
1200 Pennsylvania Avenue, NW., Washington, DC 20460; by e-mail at
auby.susan@epa.gov; or by calling (202) 566-1672. You may also download
a copy off the Internet at http://www.epa.gov/icr. The information
requirements are not enforceable until OMB approves them.
The information requirements are based on notification,
recordkeeping, and reporting requirements in the NESHAP General
Provisions (40 CFR part 63, subpart A), which are mandatory for all
operators subject to national emission standards. These recordkeeping
and reporting requirements are specifically authorized by section 114
of the CAA (42 U.S.C. 7414). All information submitted to EPA pursuant
to the recordkeeping and reporting requirements for which a claim of
confidentiality is made is safeguarded according to EPA's policies set
forth in 40 CFR part 2, subpart B.
With two exceptions, the final rule will not require any
notifications, reports, or recordkeeping beyond those required by the
NESHAP General Provisions. The first exception applies to facilities
that operate sources that are subject to limits on the type of fuel
used. In such cases, the owner or operator may use an alternative fuel
under certain conditions but must submit a notification before using
the alternative fuel, must report on alternative fuel use after
terminating use of the alternative fuel, and must maintain records of
alternative fuel use. The second exception pertains to continuous
kilns; the final rule requires reporting and recordkeeping whenever the
control device used on a continuous kiln is taken offline for scheduled
maintenance.
The annual monitoring, reporting, and recordkeeping burden for this
collection of information (averaged over the first 3 years after the
effective date of the rule) is estimated to be 726 labor hours per year
at a total annual cost of $31,460. This burden estimate includes time
for acquisition, installation, and use of monitoring technology and
systems; preparation and a one-time submission of an SSMP, with
immediate reports for any event when the procedures in the plan were
not followed; preparation of an OM&M plan; one-time notifications;
semiannual compliance reports; and recordkeeping. Total annualized
capital/startup costs associated with the monitoring requirements
(e.g., costs for hiring performance test contractors and purchase of
monitoring and file storage equipment) over the 3-year period of the
ICR are estimated at $45,390, with operation and maintenance costs of
$910/yr.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
An Agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a current
valid OMB control number. The OMB control numbers for EPA's regulations
are listed in 40 CFR part 9 and 48 CFR chapter 15.
C. Regulatory Flexibility Act (RFA)
The EPA has determined that it is not necessary to prepare a
regulatory flexibility analysis in connection with the final rule. The
EPA has also determined that the rule will not have a significant
economic impact on a substantial number of small entities. For purposes
of assessing the impact of today's rule on small entities, small
entities are defined as: (1) A small business whose parent company has
fewer than 500 employees, according to Small Business Administration
size standards established under the NAICS for the industries affected
by today's rule; (2) a small governmental jurisdiction that is a
government or a city, county, town, school district or special district
with a population of less than 50,000; or (3) a small organization that
is any not-for-profit enterprise that is independently owned and
operated and is not dominant in its field.
After considering the economic impacts of today's final rule on
small entities, EPA has concluded that this action will not have a
significant economic impact on a substantial number of small entities.
We have determined that of the six facilities affected by the rule,
there is one facility owned by a small company that will experience an
impact of less than one-half of one percent (<0.50 percent) of company
sales.
Although the final rule will not have a significant economic impact
on a substantial number of small entities, EPA nonetheless has tried to
reduce the impact of the rule on small entities. However, we were
unable to identify any specific requirements of the final rule that we
could relax to reduce the burden of today's rule on small entities. If
the final rule had established emission limits more stringent than the
MACT floor, we could have reduced the stringency of the emission limits
for small entities. However, the emission limits established by today's
rule are based on the MACT floor, which is the minimum level of
stringency allowed under section 112 of the CAA. Today's rule does
provide two options for owners and operators of affected thermal
process sources of organic HAP. Thus, the one small entity that is
affected by today's rule can choose to comply with either of two
organic HAP emission limits. Having the choice between compliance
options will provide small business with some measure of flexibility in
how it chooses to comply with the final rule.
Today's rule requires continuous parameter monitoring rather than
continuous emission monitoring. We believe that the parameter
monitoring requirements we have incorporated in the final rule satisfy
the requirements of section 114(a)(3) of the CAA for enhanced
monitoring without the additional expense that would have been
associated with continuous emission monitoring. Finally, the reporting
and recordkeeping requirements of today's rule are consistent with the
requirements of the General Provisions to 40 CFR part 63. For these
reasons, we believe that today's rule satisfies the requirements of
[[Page 18746]]
the CAA without imposing any unnecessary burden on small businesses or
any other affected entity.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law No. 104-4, establishes requirements for Federal agencies to assess
the effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures by State, local, and tribal governments, in
the aggregate, or by the private sector, of $100 million or more in any
1 year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective, or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective, or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA's regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
The EPA has determined that today's final rule does not contain a
Federal mandate that may result in expenditures of $100 million or more
for State, local, and tribal governments, in the aggregate, or the
private sector in any 1 year. The maximum total annual cost of today's
final rule for any year has been estimated to be approximately $2.3
million. Thus, this final rule is not subject to the requirements of
sections 202 and 205 of the UMRA. In addition, EPA has determined that
this final rule contains no regulatory requirements that might
significantly or uniquely affect small governments because it contains
no requirements that apply to such governments or impose obligations
upon them. Therefore, today's final rule is not subject to the
requirements of section 203 of the UMRA.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
The final rule 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,
as specified in Executive Order 13132. None of the affected facilities
is owned or operated by State governments, and the rule requirements
will not supercede State regulations that are more stringent. Thus,
Executive Order 13132 does not apply to the rule.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' The final rule does not have
tribal implications, as specified in Executive Order 13175. It will not
have substantial direct effects on tribal governments, on the
relationship between the Federal government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
government and Indian tribes, as specified in Executive Order 13175. No
tribal governments own or operate refractory products manufacturing
facilities. Thus, Executive Order 13175 does not apply to the final
rule.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any
rule that: (1) Is determined to be ``economically significant'' as
defined under Executive Order 12866, and (2) concerns an environmental
health or safety risk that EPA has reason to believe may have a
disproportionate effect on children. If the regulatory action meets
both criteria, EPA must evaluate the environmental health or safety
effects of the planned rule on children, and explain why the planned
rule is preferable to other potentially effective and reasonably
feasible alternatives that EPA considered.
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that are based on health or safety risks, such that
the analysis required under section 5-501 of the Executive Order has
the potential to influence the regulation. Today's final rule is not
subject to Executive Order 13045 because it is based on technology
performance and not on health or safety risks. No children's risk
analysis was performed because no alternative technologies exist that
would provide greater stringency at a reasonable cost. Furthermore, the
final rule has been determined not to be ``economically significant''
as defined under Executive Order 12866.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
Today's final rule is not subject to Executive Order 13211 (66 FR
28355, May 22, 2001) because it is not a significant regulatory action
under Executive Order 12866.
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) of 1995 (Pub. L. 104-113; 15 U.S.C. 272 note) directs the
EPA to use voluntary consensus standards in their regulatory and
procurement activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, business practices) developed or adopted by one or
more voluntary consensus bodies. The NTTAA directs EPA to provide
Congress, through annual reports to the OMB, with explanations when an
agency does not
[[Page 18747]]
use available and applicable voluntary consensus standards.
Today's final rule involves technical standards. The EPA cites the
following standards: EPA Methods 1, 1A, 2, 2A, 2C, 2D, 2F, 2G, 3, 3A,
3B, 4, 25A, 26, 26A, 311, and 320. Consistent with the NTTAA, EPA
conducted searches to identify voluntary consensus standards in
addition to these EPA method/performance specifications. No applicable
voluntary consensus standards were identified for EPA Methods 1A, 2A,
2D, 2F, 2G, and 311. The search and review results have been documented
and can be found in Docket No. OAR-2002-0088.
The voluntary consensus standard ASME PTC 19-10-1981-Part 10,
``Flue and Exhaust Gas Analyses,'' is cited in the rule for its manual
methods for measuring the oxygen, carbon dioxide, and carbon monoxide
content of exhaust gas. This part of ASME PTC 19-10-1981-Part 10 is an
acceptable alternative to Method 3B.
Also, five voluntary consensus standards: ASTM D1979-91, ASTM
D3432-89, ASTM D4747-87, ASTM D4827-93, and ASTM PS9-94 are
incorporated by reference in EPA Method 311.
In addition to the voluntary consensus standards EPA cites in the
rule, the search for emissions measurement procedures identified 13
other voluntary consensus standards. The EPA determined that ten of the
13 standards identified for measuring emissions of the HAP or
surrogates subject to emission standards in the rule were impractical
alternatives to EPA test methods for the purposes of the rule.
Therefore, EPA does not intend to adopt these standards for this
purpose. The reasons for this determination for the ten methods are
discussed in the docket.
Two of the 12 voluntary consensus standards identified in this
search were not available at the time the review was conducted for the
purposes of the rule because they are under development by a voluntary
consensus body: ASME/BSR MFC 13M, ``Flow Measurement by Velocity
Traverse,'' for EPA Method 2 (and possibly 1); and ASME/BSR MFC 12M,
``Flow in Closed Conduits Using Multiport Averaging Pitot Primary
Flowmeters,'' for EPA Method 2.
The voluntary consensus standard ASTM D6348-98, ``Determination of
Gaseous Compounds by Extractive Direct Interface Fourier Transform
(FTIR) Spectroscopy,'' has been reviewed by the EPA as a potential
alternative to EPA Method 320. Suggested revisions to ASTM D6348-98
were sent to ASTM by the EPA that would allow the EPA to accept ASTM
D6348-98 as an acceptable alternative. The ASTM Subcommittee D22-03 is
currently undertaking a revision of ASTM D6348-98. Because of this, we
are not citing this standard as a acceptable alternative for EPA Method
320 in the rule today. However, upon successful ASTM balloting and
demonstration of technical equivalency with the EPA FTIR methods, the
revised ASTM standard could be incorporated by reference for EPA
regulatory applicability. In the interim, facilities have the option to
request ASTM D6348-98 as an alternative test method under 40 CFR
63.7(f) and 63.8(f) on a case-by-case basis.
J. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing the rule and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until June 16, 2003. 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 procedure,
Air pollution control, Hazardous substances, Intergovernmental
relations, Reporting and recordkeeping requirements.
Dated: February 28, 2003.
Christine Todd Whitman,
Administrator.
0
For the reasons stated in the preamble, title 40, chapter I, part 63 of
the Code of Federal Regulations is amended as follows:
PART 63--[AMENDED]
0
1. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
0
2. Part 63 is amended by adding subpart SSSSS to read as follows:
Subpart SSSSS--National Emission Standards for Hazardous Air Pollutants
for Refractory Products Manufacturing
What This Subpart Covers
Sec.
63.9780 What is the purpose of this subpart?
63.9782 Am I subject to this subpart?
63.9784 What parts of my plant does this subpart cover?
63.9786 When do I have to comply with this subpart?
Emission Limitations and Work Practice Standards
63.9788 What emission limits, operating limits, and work practice
standards must I meet?
63.9790 What are my options for meeting the emission limits?
General Compliance Requirements
63.9792 What are my general requirements for complying with this
subpart?
63.9794 What do I need to know about operation, maintenance, and
monitoring plans?
Testing and Initial Compliance Requirements
63.9796 By what date must I conduct performance tests?
63.9798 When must I conduct subsequent performance tests?
63.9800 How do I conduct performance tests and establish operating
limits?
63.9802 How do I develop an emissions profile?
63.9804 What are my monitoring system installation, operation, and
maintenance requirements?
63.9806 How do I demonstrate initial compliance with the emission
limits, operating limits, and work practice standards?
Continuous Compliance Requirements
63.9808 How do I monitor and collect data to demonstrate continuous
compliance?
63.9810 How do I demonstrate continuous compliance with the emission
limits, operating limits, and work practice standards?
Notifications, Reports, and Records
63.9812 What notifications must I submit and when?
63.9814 What reports must I submit and when?
63.9816 What records must I keep?
63.9818 In what form and how long must I keep my records?
Other Requirements and Information
63.9820 What parts of the General Provisions apply to me?
63.9822 Who implements and enforces this subpart?
63.9824 What definitions apply to this subpart?
Tables to Subpart SSSSS of Part 63
Table 1 to Subpart SSSSS of Part 63--Emission Limits
Table 2 to Subpart SSSSS of Part 63--Operating Limits
Table 3 to Subpart SSSSS of Part 63--Work Practice Standards
Table 4 to Subpart SSSSS of Part 63--Requirements for Performance
Tests
Table 5 to Subpart SSSSS of Part 63--Initial Compliance with
Emission Limits
[[Page 18748]]
Table 6 to Subpart SSSSS of Part 63--Initial Compliance with Work
Practice Standards
Table 7 to Subpart SSSSS of Part 63--Continuous Compliance with
Emission Limits
Table 8 to Subpart SSSSS of Part 63--Continuous Compliance with
Operating Limits
Table 9 to Subpart SSSSS of Part 63--Continuous Compliance with Work
Practice Standards
Table 10 to Subpart SSSSS of Part 63--Requirements for Reports
Table 11 to Subpart SSSSS of Part 63--Applicability of General
Provisions to Subpart SSSSS
What This Subpart Covers
Sec. 63.9780 What is the purpose of this subpart?
This subpart establishes national emission standards for hazardous
air pollutants (NESHAP) for refractory products manufacturing
facilities. This subpart also establishes requirements to demonstrate
initial and continuous compliance with the emission limitations.
Sec. 63.9782 Am I subject to this subpart?
You are subject to this subpart if you own or operate a refractory
products manufacturing facility that is, is located at, or is part of,
a major source of hazardous air pollutant (HAP) emissions according to
the criteria in paragraphs (a) and (b) of this section.
(a) A refractory products manufacturing facility is a plant site
that manufactures refractory products (refractory bricks, refractory
shapes, monolithics, kiln furniture, crucibles, and other materials
used for lining furnaces and other high temperature process units), as
defined in Sec. 63.9824. Refractory products manufacturing facilities
typically process raw material by crushing, grinding, and screening;
mixing the processed raw materials with binders and other additives;
forming the refractory mix into shapes; and drying and firing the
shapes.
(b) A major source of HAP is a plant site that emits or has the
potential to emit any single HAP at a rate of 9.07 megagrams (10 tons)
or more per year or any combination of HAP at a rate of 22.68 megagrams
(25 tons) or more per year.
Sec. 63.9784 What parts of my plant does this subpart cover?
(a) This subpart applies to each new, reconstructed, or existing
affected source at a refractory products manufacturing facility.
(b) The existing affected sources are shape dryers, curing ovens,
and kilns that are used to manufacture refractory products that use
organic HAP; shape preheaters, pitch working tanks, defumers, and
coking ovens that are used to produce pitch-impregnated refractory
products; kilns that are used to manufacture chromium refractory
products; and kilns that are used to manufacture clay refractory
products.
(c) The new or reconstructed affected sources are shape dryers,
curing ovens, and kilns that are used to manufacture refractory
products that use organic HAP; shape preheaters, pitch working tanks,
defumers, and coking ovens used to produce pitch-impregnated refractory
products; kilns that are used to manufacture chromium refractory
products; and kilns that are used to manufacture clay refractory
products.
(d) Shape dryers, curing ovens, kilns, coking ovens, defumers,
shape preheaters, and pitch working tanks that are research and
development (R&D) process units are not subject to the requirements of
this subpart. (See definition of research and development process unit
in Sec. 63.9824).
(e) A source is a new affected source if you began construction of
the affected source after June 20, 2002, and you met the applicability
criteria at the time you began construction.
(f) An affected source is reconstructed if you meet the criteria as
defined in Sec. 63.2.
(g) An affected source is existing if it is not new or
reconstructed.
Sec. 63.9786 When do I have to comply with this subpart?
(a) If you have a new or reconstructed affected source, you must
comply with this subpart according to paragraphs (a)(1) and (2) of this
section.
(1) If the initial startup of your affected source is before April
16, 2003, then you must comply with the emission limitations for new
and reconstructed sources in this subpart no later than April 16, 2003.
(2) If the initial startup of your affected source is after April
16, 2003, then you must comply with the emission limitations for new
and reconstructed sources in this subpart upon initial startup of your
affected source.
(b) If you have an existing affected source, you must comply with
the emission limitations for existing sources no later than April 17,
2006.
(c) You must be in compliance with this subpart when you conduct a
performance test on an affected source.
(d) If you have an existing area source that increases its
emissions or its potential to emit such that it becomes a major source
of HAP, you must be in compliance with this subpart according to
paragraphs (d)(1) and (2) of this section.
(1) Any portion of the existing facility that is a new affected
source or a new reconstructed source must be in compliance with this
subpart upon startup.
(2) All other parts of the existing facility must be in compliance
with this subpart by 3 years after the date the area source becomes a
major source.
(e) If you have a new area source (i.e., an area source for which
construction or reconstruction was commenced after June 20, 2002) that
increases its emissions or its potential to emit such that it becomes a
major source of HAP, you must be in compliance with this subpart upon
initial startup of your affected source as a major source.
(f) You must meet the notification requirements in Sec. 63.9812
according to the schedule in Sec. 63.9812 and in 40 CFR part 63,
subpart A. Some of the notifications must be submitted before you are
required to comply with the emission limitations in this subpart.
Emission Limitations and Work Practice Standards
Sec. 63.9788 What emission limits, operating limits, and work
practice standards must I meet?
(a) You must meet each emission limit in Table 1 to this subpart
that applies to you.
(b) You must meet each operating limit in Table 2 to this subpart
that applies to you.
(c) You must meet each work practice standard in Table 3 to this
subpart that applies to you.
Sec. 63.9790 What are my options for meeting the emission limits?
To meet the emission limits in Table 1 to this subpart, you must
use one or both of the options listed in paragraphs (a) and (b) of this
section.
(a) Emissions control system. Use an emissions capture and
collection system and an add-on air pollution control device (APCD) and
demonstrate that the resulting emissions or emissions reductions meet
the applicable emission limits in Table 1 to this subpart, and
demonstrate that the capture and collection system and APCD meet the
applicable operating limits in Table 2 to this subpart.
(b) Process changes. Use raw materials that have little or no
potential to emit HAP during the refractory products manufacturing
process or implement manufacturing process changes and demonstrate that
the resulting emissions or emissions reductions meet the applicable
emission
[[Page 18749]]
limits in Table 1 to this subpart without an add-on APCD.
General Compliance Requirements
Sec. 63.9792 What are my general requirements for complying with this
subpart?
(a) You must be in compliance with the emission limitations
(including operating limits and work practice standards) in this
subpart at all times, except during periods specified in paragraphs
(a)(1) and (2) of this section.
(1) Periods of startup, shutdown, and malfunction.
(2) Periods of scheduled maintenance on a control device that is
used on an affected continuous kiln, as specified in paragraph (e) of
this section.
(b) Except as specified in paragraph (e) of this section, you must
always operate and maintain your affected source, including air
pollution control and monitoring equipment, according to the provisions
in Sec. 63.6(e)(1)(i). During the period between the compliance date
specified for your affected source in Sec. 63.9786 and the date upon
which continuous monitoring systems have been installed and validated
and any applicable operating limits have been established, you must
maintain a log detailing the operation and maintenance of the process
and emissions control equipment.
(c) You must develop and implement a written startup, shutdown, and
malfunction plan (SSMP) according to the provisions in Sec.
63.6(e)(3).
(d) You must prepare and implement a written operation,
maintenance, and monitoring (OM&M) plan according to the requirements
in Sec. 63.9794.
(e) If you own or operate an affected continuous kiln and must
perform scheduled maintenance on the control device for that kiln, you
may bypass the kiln control device and continue operating the kiln upon
approval by the Administrator, provided you satisfy the conditions
listed in paragraphs (e)(1) through (3) of this section.
(1) You must request approval from the Administrator to bypass the
control device while the scheduled maintenance is performed. You must
submit a separate request each time you plan to bypass the control
device, and your request must include the information specified in
paragraphs (e)(1)(i) through (vi) of this section.
(i) Reason for the scheduled maintenance.
(ii) Explanation for why the maintenance cannot be performed when
the kiln is shut down.
(iii) Detailed description of the maintenance activities.
(iv) Time required to complete the maintenance.
(v) How you will minimize HAP emissions from the kiln during the
period when the control device is out of service.
(vi) How you will minimize the time when the kiln is operating and
the control device is out of service for scheduled maintenance.
(2) You must minimize HAP emissions during the period when the kiln
is operating and the control device is out of service.
(3) You must minimize the time period during which the kiln is
operating and the control device is out of service.
(f) You must be in compliance with the provisions of subpart A of
this part, except as noted in Table 11 to this subpart.
Sec. 63.9794 What do I need to know about operation, maintenance, and
monitoring plans?
(a) For each continuous parameter monitoring system (CPMS) required
by this subpart, you must develop, implement, make available for
inspection, and revise, as necessary, an OM&M plan that includes the
information in paragraphs (a)(1) through (13) of this section.
(1) A list and identification of each process and add-on APCD that
is required by this subpart to be monitored, the type of monitoring
device that will be used, and the operating parameters that will be
monitored.
(2) Specifications for the sensor, signal analyzer, and data
collection system.
(3) A monitoring schedule that specifies the frequency that the
parameter values will be determined and recorded.
(4) The operating limits for each parameter that represent
continuous compliance with the emission limitations in Sec. 63.9788,
based on values of the monitored parameters recorded during performance
tests.
(5) Procedures for installing the CPMS at a measurement location
relative to each process unit or APCD such that measurement is
representative of control of emissions.
(6) Procedures for the proper operation and routine and long-term
maintenance of each process unit and APCD, including a maintenance and
inspection schedule that is consistent with the manufacturer's
recommendations.
(7) Procedures for the proper operation and maintenance of
monitoring equipment consistent with the requirements in Sec. Sec.
63.8(c)(1), (3), (4)(ii), (7), and (8), and 63.9804.
(8) Ongoing data quality assurance procedures in accordance with
the general requirements of Sec. 63.8(d).
(9) Procedures for evaluating the performance of each CPMS.
(10) Procedures for responding to operating parameter deviations,
including the procedures in paragraphs (a)(10)(i) through (iii) of this
section:
(i) Procedures for determining the cause of the operating parameter
deviation.
(ii) Actions for correcting the deviation and returning the
operating parameters to the allowable limits.
(iii) Procedures for recording the times that the deviation began
and ended, and when corrective actions were initiated and completed.
(11) Procedures for keeping records to document compliance and
reporting in accordance with the requirements of Sec. 63.10(c),
(e)(1), and (e)(2)(i).
(12) If you operate a kiln that is subject to the limits on the
type of fuel used, as specified in items 3 and 4 of Table 3 to subpart
SSSSS, procedures for using alternative fuels.
(13) If you operate an affected continuous kiln and you plan to
take the kiln control device out of service for scheduled maintenance,
as specified in Sec. 63.9792(e), the procedures specified in
paragraphs (a)(13)(i) and (ii) of this section.
(i) Procedures for minimizing HAP emissions from the kiln during
periods of scheduled maintenance of the kiln control device when the
kiln is operating and the control device is out of service.
(ii) Procedures for minimizing any period of scheduled maintenance
on the kiln control device when the kiln is operating and the control
device is out of service.
(b) Changes to the operating limits in your OM&M plan require a new
performance test. If you are revising an operating limit parameter
value, you must meet the requirements in paragraphs (b)(1) and (2) of
this section.
(1) Submit a Notification of Performance Test to the Administrator
as specified in Sec. 63.7(b).
(2) After completing the performance tests to demonstrate that
compliance with the emission limits can be achieved at the revised
operating limit parameter value, you must submit the performance test
results and the revised operating limits as part of the Notification of
Compliance Status required under Sec. 63.9(h).
(c) If you are revising the inspection and maintenance procedures
in your
[[Page 18750]]
OM&M plan, you do not need to conduct a new performance test.
Testing and Initial Compliance Requirements
Sec. 63.9796 By what date must I conduct performance tests?
You must conduct performance tests within 180 calendar days after
the compliance date that is specified for your source in Sec. 63.9786
and according to the provisions in Sec. 63.7(a)(2).
Sec. 63.9798 When must I conduct subsequent performance tests?
(a) You must conduct a performance test every 5 years following the
initial performance test, as part of renewing your 40 CFR part 70 or 40
CFR part 71 operating permit.
(b) You must conduct a performance test when you want to change the
parameter value for any operating limit specified in your OM&M plan.
(c) If you own or operate a source that is subject to the emission
limits specified in items 2 through 9 of Table 1 to this subpart, you
must conduct a performance test on the source(s) listed in paragraphs
(c)(1) and (2) of this section before you start production of any
refractory product for which the organic HAP processing rate is likely
to exceed by more than 10 percent the maximum organic HAP processing
rate established during the most recent performance test on that same
source.
(1) Each affected shape dryer or curing oven that is used to
process the refractory product with the higher organic HAP processing
rate.
(2) Each affected kiln that follows an affected shape dryer or
curing oven and is used to process the refractory product with the
higher organic HAP processing rate.
(d) If you own or operate a kiln that is subject to the emission
limits specified in item 5 or 9 of Table 1 to this subpart, you must
conduct a performance test on the affected kiln following any process
changes that are likely to increase organic HAP emissions from the kiln
(e.g., a decrease in the curing cycle time for a curing oven that
precedes the affected kiln in the process line).
(e) If you own or operate a clay refractory products kiln that is
subject to the emission limits specified in item 10 or 11 of Table 1 to
this subpart and is controlled with a dry limestone adsorber (DLA), you
must conduct a performance test on the affected kiln following any
change in the source of limestone used in the DLA.
Sec. 63.9800 How do I conduct performance tests and establish
operating limits?
(a) You must conduct each performance test in Table 4 to this
subpart that applies to you.
(b) Before conducting the performance test, you must install and
validate all monitoring equipment.
(c) Each performance test must be conducted according to the
requirements in Sec. 63.7 and under the specific conditions in Table 4
to this subpart.
(d) You may not conduct performance tests during periods of
startup, shutdown, or malfunction, as specified in Sec. 63.7(e)(1).
(e) You must conduct separate test runs for at least the duration
specified for each performance test required in this section, as
specified in Sec. 63.7(e)(3) and Table 4 to this subpart.
(f) For batch process sources, you must satisfy the requirements
specified in paragraphs (f)(1) through (5) of this section.
(1) You must conduct at least two test runs.
(2) Each test run must last an entire batch cycle unless you
develop an emissions profile, as specified in items 8(a)(i)(4) and
17(b)(i)(4) of Table 4 to this subpart, or you satisfy the conditions
for terminating a test run prior to the completion of a batch cycle as
specified in item 8(a)(i)(5) of Table 4 to this subpart.
(3) Each test run must be performed over a separate batch cycle
unless you satisfy the conditions for conducting both test runs over a
single batch cycle, as described in paragraphs (f)(3)(i) and (ii) of
this section.
(i) You do not produce the product that corresponds to the maximum
organic HAP processing rate for that batch process source in
consecutive batch cycles.
(ii) To produce that product in two consecutive batch cycles would
disrupt production of other refractory products.
(4) If you want to conduct a performance test over a single batch
cycle, you must include in your Notification of Performance Test the
rationale for testing over a single batch cycle.
(5) If you are granted approval to conduct a performance test over
a single batch cycle, you must use paired sampling trains and collect
two sets of emissions data. Each set of data can be considered a
separate test run.
(g) You must use the data gathered during the performance test and
the equations in paragraphs (g)(1) through (3) of this section to
determine compliance with the emission limitations.
(1) To determine compliance with the total hydrocarbon (THC)
emission concentration limit listed in Table 1 to this subpart, you
must calculate your emission concentration corrected to 18 percent
oxygen for each test run using Equation 1 of this section:
[GRAPHIC] [TIFF OMITTED] TR16AP03.000
Where:
C THC-C=THC concentration, corrected to 18 percent oxygen,
parts per million by volume, dry basis (ppmvd)
C THC=THC concentration (uncorrected), ppmvd
CO2=oxygen concentration, percent.
(2) To determine compliance with any of the emission limits based
on percentage reduction across an emissions control system specified in
Table 1 to this subpart, you must calculate the percentage reduction
for each test run using Equation 2 of this section:
[GRAPHIC] [TIFF OMITTED] TR16AP03.001
Where:
PR=percentage reduction, percent
ERi=mass emissions rate of specific HAP or pollutant (THC,
HF, or HCl) entering the control device, kilograms (pounds) per hour
ERo=mass emissions rate of specific HAP or pollutant (THC,
HF, or HCl) exiting the control device, kilograms (pounds) per hour.
(3) To determine compliance with production-based hydrogen fluoride
(HF) and hydrogen chloride (HCl) emission limits in Table 1 to this
subpart, you must calculate your mass emissions per unit of uncalcined
clay processed for each test run using Equation 3 of this section:
[GRAPHIC] [TIFF OMITTED] TR16AP03.002
Where:
MP=mass per unit of production, kilograms of pollutant per megagram
(pounds per ton) of uncalcined clay processed
ER=mass emissions rate of specific HAP (HF or HCl) during each
performance test run, kilograms (pounds) per hour
P=average uncalcined clay processing rate for the performance test,
megagrams (tons) of uncalcined clay processed per hour.
(h) You must establish each site-specific operating limit in Table
2 to
[[Page 18751]]
this subpart that applies to you, as specified in Table 4 to this
subpart.
(i) For each affected source that is equipped with an add-on APCD
that is not addressed in Table 2 to this subpart or that is using
process changes as a means of meeting the emission limits in Table 1 to
this subpart, you must meet the requirements in Sec. 63.8(f) and
paragraphs (i)(1) through (3) of this section.
(1) For sources subject to the THC concentration limit specified in
item 3 or 7 of Table 1 to this subpart, you must satisfy the
requirements specified in paragraphs (i)(1)(i) through (iii) of this
section.
(i) You must install a THC continuous emissions monitoring system
(CEMS) at the outlet of the control device or in the stack of the
affected source.
(ii) You must meet the requirements specified in Performance
Specification (PS) 8 of 40 CFR part 60, appendix B.
(iii) You must meet the requirements specified in Procedure 1 of 40
CFR part 60, appendix F.
(2) For sources subject to the emission limits specified in item 3,
4, 7, or 8 of Table 1 to this subpart, you must submit a request for
approval of alternative monitoring methods to the Administrator no
later than the submittal date for the Notification of Performance Test,
as specified in Sec. 63.9812(d). The request must contain the
information specified in paragraphs (i)(2)(i) through (v) of this
section.
(i) Description of the alternative add-on APCD or process changes.
(ii) Type of monitoring device or method that will be used,
including the sensor type, location, inspection procedures, quality
assurance and quality control measures, and data recording device.
(iii) Operating parameters that will be monitored.
(iv) Frequency that the operating parameter values will be
determined and recorded to establish continuous compliance with the
operating limits.
(v) Averaging time.
(3) You must establish site-specific operating limits during the
performance test based on the information included in the approved
alternative monitoring methods request and, as applicable, as specified
in Table 4 to this subpart.
Sec. 63.9802 How do I develop an emissions profile?
If you decide to develop an emissions profile for an affected batch
process source; as indicated in item 8(a)(i)(4) or 17(b)(i)(4) of Table
4 to this subpart, you must measure and record mass emissions of the
applicable pollutant throughout a complete batch cycle of the affected
batch process source according to the procedures described in paragraph
(a) or (b) of this section.
(a) If your affected batch process source is subject to the THC
concentration limit specified in item 6(a), 7(a), 8, or 9 of Table 1 to
this subpart or the THC percentage reduction limit specified in item
6(b) or 7(b) of Table 1 to this subpart, you must measure and record
the THC mass emissions rate at the inlet to the control device using
the test methods, averaging periods, and procedures specified in items
10(a) and (b) of Table 4 to this subpart for each complete hour of the
batch process cycle.
(b) If your affected batch process source is subject to the HF and
HCl percentage reduction emission limits in item 11 of Table 1 to this
subpart, you must measure and record the HF mass emissions rate at the
inlet to the control device through a series of 1-hour test runs
according to the test method specified in item 14(a) of Table 4 to this
subpart for each complete hour of the batch process cycle.
Sec. 63.9804 What are my monitoring system installation, operation,
and maintenance requirements?
(a) You must install, operate, and maintain each CPMS required by
this subpart according to your OM&M plan and the requirements in
paragraphs (a)(1) through (15) of this section.
(1) You must satisfy all applicable requirements of performance
specifications for CPMS specified in 40 CFR part 60, appendix B, upon
promulgation of such performance specifications.
(2) You must satisfy all applicable requirements of quality
assurance (QA) procedures for CPMS specified in 40 CFR part 60,
appendix F, upon promulgation of such QA procedures.
(3) You must install each sensor of your CPMS in a location that
provides representative measurement of the appropriate parameter over
all operating conditions, taking into account the manufacturer's
guidelines.
(4) You must use a CPMS that is capable of measuring the
appropriate parameter over a range that extends from a value of at
least 20 percent less than the lowest value that you expect your CPMS
to measure, to a value of at least 20 percent greater than the highest
value that you expect your CPMS to measure.
(5) You must use a data acquisition and recording system that is
capable of recording values over the entire range specified in
paragraph (a)(4) of this section.
(6) You must use a signal conditioner, wiring, power supply, and
data acquisition and recording system that are compatible with the
output signal of the sensors used in your CPMS.
(7) You must perform an initial calibration of your CPMS based on
the procedures specified in the manufacturer's owner's manual.
(8) You must use a CPMS that is designed to complete a minimum of
one cycle of operation for each successive 15-minute period. To have a
valid hour of data, you must have at least three of four equally-spaced
data values (or at least 75 percent of the total number of values if
you collect more than four data values per hour) for that hour (not
including startup, shutdown, malfunction, or out-of-control periods).
(9) You must record valid data from at least 90 percent of the
hours during which the affected source or process operates.
(10) You must determine and record the 15-minute block averages of
all measurements, calculated after every 15 minutes of operation as the
average of the previous 15 operating minutes (not including periods of
startup, shutdown, or malfunction).
(11) You must determine and record the 3-hour block averages of all
15-minute recorded measurements, calculated after every 3 hours of
operation as the average of the previous 3 operating hours (not
including periods of startup, shutdown, or malfunction).
(12) You must record the results of each inspection, calibration,
initial validation, and accuracy audit.
(13) At all times, you must maintain your CPMS including, but not
limited to, maintaining necessary parts for routine repairs of the
CPMS.
(14) You must perform an initial validation of your CPMS under the
conditions specified in paragraphs (14)(i) and (ii) of this section.
(i) Prior to the initial performance test on the affected source
for which the CPMS is required.
(ii) Within 180 days of your replacing or relocating one or more of
the sensors of your CPMS.
(15) Except for redundant sensors, as defined in Sec. 63.9824, any
device that you use to conduct an initial validation or accuracy audit
of your CPMS must meet the accuracy requirements specified in
paragraphs (15)(i) and (ii) of this section.
(i) The device must have an accuracy that is traceable to National
Institute of Standards and Technology (NIST) standards.
(ii) The device must be at least three times as accurate as the
required accuracy for the CPMS.
[[Page 18752]]
(b) For each temperature CPMS that is used to monitor the
combustion chamber temperature of a thermal oxidizer or the catalyst
bed inlet temperature of a catalytic oxidizer, you must meet the
requirements in paragraphs (a) and (b)(1) through (6) of this section.
(1) Use a temperature CPMS with a minimum accuracy of +/-1.0
percent of the temperature value or 2.8 degrees Celsius ([deg]C) (5
degrees Fahrenheit ([deg]F)), whichever is greater.
(2) Use a data recording system with a minimum resolution of one-
half or better of the required CPMS accuracy specified in paragraph
(b)(1) of this section.
(3) Perform an initial validation of your CPMS according to the
requirements in paragraph (3)(i) or (ii) of this section.
(i) Place the sensor of a calibrated temperature measurement device
adjacent to the sensor of your temperature CPMS in a location that is
subject to the same environment as the sensor of your temperature CPMS.
The calibrated temperature measurement device must satisfy the accuracy
requirements of paragraph (a)(15) of this section. While the process
and control device that is monitored by your CPMS are operating
normally, record concurrently and compare the temperatures measured by
your temperature CPMS and the calibrated temperature measurement
device. Using the calibrated temperature measurement device as the
reference, the temperature measured by your CPMS must be within the
accuracy specified in paragraph (b)(1) of this section.
(ii) Perform any of the initial validation methods for temperature
CPMS specified in performance specifications for CPMS established in 40
CFR part 60, appendix B.
(4) Perform an accuracy audit of your temperature CPMS at least
quarterly, according to the requirements in paragraph (b)(4)(i), (ii),
or (iii) of this section.
(i) If your temperature CPMS includes a redundant temperature
sensor, record three pairs of concurrent temperature measurements
within a 24-hour period. Each pair of concurrent measurements must
consist of a temperature measurement by each of the two temperature
sensors. The minimum time interval between any two such pairs of
consecutive temperature measurements is 1 hour. The measurements must
be taken during periods when the process and control device that is
monitored by your temperature CPMS are operating normally. Calculate
the mean of the three values for each temperature sensor. The mean
values must agree within the required overall accuracy of the CPMS, as
specified in paragraph (b)(1) of this section.
(ii) If your temperature CPMS does not include a redundant
temperature sensor, place the sensor of a calibrated temperature
measurement device adjacent to the sensor of your temperature CPMS in a
location that is subject to the same environment as the sensor of your
temperature CPMS. The calibrated temperature measurement device must
satisfy the accuracy requirements of paragraph (a)(15) of this section.
While the process and control device that is monitored by your
temperature CPMS are operating normally, record concurrently and
compare the temperatures measured by your CPMS and the calibrated
temperature measurement device. Using the calibrated temperature
measurement device as the reference, the temperature measured by your
CPMS must be within the accuracy specified in paragraph (b)(1) of this
section.
(iii) Perform any of the accuracy audit methods for temperature
CPMS specified in QA procedures for CPMS established in 40 CFR part 60,
appendix F.
(5) Conduct an accuracy audit of your CPMS following any 24-hour
period throughout which the temperature measured by your CPMS exceeds
the manufacturer's specified maximum operating temperature range, or
install a new temperature sensor.
(6) If your CPMS is not equipped with a redundant temperature
sensor, perform at least quarterly a visual inspection of all
components of the CPMS for integrity, oxidation, and galvanic
corrosion.
(c) For each pressure CPMS that is used to monitor the pressure
drop across a DLA or wet scrubber, you must meet the requirements in
paragraphs (a) and (c)(1) through (7) of this section.
(1) Use a pressure CPMS with a minimum accuracy of +/-5.0 percent
or 0.12 kilopascals (kPa) (0.5 inches of water column (in. w.c.)),
whichever is greater.
(2) Use a data recording system with a minimum resolution of one-
half the required CPMS accuracy specified in paragraph (c)(1) of this
section, or better.
(3) Perform an initial validation of your pressure CPMS according
to the requirements in paragraph (c)(3)(i) or (ii) of this section.
(i) Place the sensor of a calibrated pressure measurement device
adjacent to the sensor of your pressure CPMS in a location that is
subject to the same environment as the sensor of your pressure CPMS.
The calibrated pressure measurement device must satisfy the accuracy
requirements of paragraph (a)(15) of this section. While the process
and control device that is monitored by your CPMS are operating
normally, record concurrently and compare the pressure measured by your
CPMS and the calibrated pressure measurement device. Using the
calibrated pressure measurement device as the reference, the pressure
measured by your CPMS must be within the accuracy specified in
paragraph (c)(1) of this section.
(ii) Perform any of the initial validation methods for pressure
CPMS specified in performance specifications for CPMS established in 40
CFR part 60, appendix B.
(4) Perform an accuracy audit of your pressure CPMS at least
quarterly, according to the requirements in paragraph (c)(4)(i), (ii),
or (iii) of this section.
(i) If your pressure CPMS includes a redundant pressure sensor,
record three pairs of concurrent pressure measurements within a 24-hour
period. Each pair of concurrent measurements must consist of a pressure
measurement by each of the two pressure sensors. The minimum time
interval between any two such pairs of consecutive pressure
measurements is 1 hour. The measurements must be taken during periods
when the process and control device that is monitored by your CPMS are
operating normally. Calculate the mean of the three pressure
measurement values for each pressure sensor. The mean values must agree
within the required overall accuracy of the CPMS, as specified in
paragraph (c)(1) of this section.
(ii) If your pressure CPMS does not include a redundant pressure
sensor, place the sensor of a calibrated pressure measurement device
adjacent to the sensor of your pressure CPMS in a location that is
subject to the same environment as the sensor of your pressure CPMS.
The calibrated pressure measurement device must satisfy the accuracy
requirements of paragraph (a)(15) of this section. While the process
and control device that is monitored by your pressure CPMS are
operating normally, record concurrently and compare the pressure
measured by your CPMS and the calibrated pressure measurement device.
Using the calibrated pressure measurement device as the reference, the
pressure measured by your CPMS must be within the accuracy specified in
paragraph (c)(1) of this section.
(iii) Perform any of the accuracy audit methods for pressure CPMS
specified in
[[Page 18753]]
QA procedures for CPMS established in 40 CFR part 60, appendix F.
(5) Conduct an accuracy audit of your CPMS following any 24-hour
period throughout which the pressure measured by your CPMS exceeds the
manufacturer's specified maximum operating pressure range, or install a
new pressure sensor.
(6) At least monthly, check all mechanical connections on your CPMS
for leakage.
(7) If your CPMS is not equipped with a redundant pressure sensor,
perform at least quarterly a visual inspection of all components of the
CPMS for integrity, oxidation, and galvanic corrosion.
(d) For each liquid flow rate CPMS that is used to monitor the
liquid flow rate in a wet scrubber, you must meet the requirements in
paragraphs (a) and (d)(1) through (7) of this section.
(1) Use a flow rate CPMS with a minimum accuracy of +/-5.0 percent
or 1.9 liters per minute (L/min) (0.5 gallons per minute (gal/min)),
whichever is greater.
(2) Use a data recording system with a minimum resolution of one-
half the required CPMS accuracy specified in paragraph (d)(1) of this
section, or better.
(3) Perform an initial validation of your CPMS according to the
requirements in paragraph (3)(i) or (ii) of this section.
(i) Use a calibrated flow rate measurement system to measure the
liquid flow rate in a location that is adjacent to the measurement
location for your flow rate CPMS and is subject to the same environment
as your flow rate CPMS. The calibrated flow rate measurement device
must satisfy the accuracy requirements of paragraph (a)(15) of this
section. While the process and control device that is monitored by your
flow rate CPMS are operating normally, record concurrently and compare
the flow rates measured by your flow rate CPMS and the calibrated flow
rate measurement device. Using the calibrated flow rate measurement
device as the reference, the flow rate measured by your CPMS must be
within the accuracy specified in paragraph (d)(1) of this section.
(ii) Perform any of the initial validation methods for liquid flow
rate CPMS specified in performance specifications for CPMS established
in 40 CFR part 60, appendix B.
(4) Perform an accuracy audit of your flow rate CPMS at least
quarterly, according to the requirements in paragraph (d)(4)(i), (ii),
or (iii) of this section.
(i) If your flow rate CPMS includes a redundant sensor, record
three pairs of concurrent flow rate measurements within a 24-hour
period. Each pair of concurrent measurements must consist of a flow
rate measurement by each of the two flow rate sensors. The minimum time
interval between any two such pairs of consecutive flow rate
measurements is 1 hour. The measurements must be taken during periods
when the process and control device that is monitored by your flow rate
CPMS are operating normally. Calculate the mean of the three flow rate
measurement values for each flow rate sensor. The mean values must
agree within the required overall accuracy of the CPMS, as specified in
paragraph (d)(1) of this section.
(ii) If your flow rate CPMS does not include a redundant flow rate
sensor, place the sensor of a calibrated flow rate measurement device
adjacent to the sensor of your flow rate CPMS in a location that is
subject to the same environment as the sensor of your flow rate CPMS.
The calibrated flow rate measurement device must satisfy the accuracy
requirements of paragraph (a)(15) of this section. While the process
and control device that is monitored by your flow rate CPMS are
operating normally, record concurrently and compare the flow rate
measured by your pressure CPMS and the calibrated flow rate measurement
device. Using the calibrated flow rate measurement device as the
reference, the flow rate measured by your CPMS must be within the
accuracy specified in paragraph (d)(1) of this section.
(iii) Perform any of the accuracy audit methods for liquid flow
rate CPMS specified in QA procedures for CPMS established in 40 CFR
part 60, appendix F.
(5) Conduct an accuracy audit of your flow rate CPMS following any
24-hour period throughout which the flow rate measured by your CPMS
exceeds the manufacturer's specified maximum operating range, or
install a new flow rate sensor.
(6) At least monthly, check all mechanical connections on your CPMS
for leakage.
(7) If your CPMS is not equipped with a redundant flow rate sensor,
perform at least quarterly a visual inspection of all components of the
CPMS for integrity, oxidation, and galvanic corrosion.
(e) For each pH CPMS that is used to monitor the pH of a wet
scrubber liquid, you must meet the requirements in paragraphs (a) and
(e)(1) through (5) of this section.
(1) Use a pH CPMS with a minium accuracy of +/-0.2 pH units.
(2) Use a data recording system with a minimum resolution of 0.1 pH
units, or better.
(3) Perform an initial validation of your pH CPMS according to the
requirements in paragraph (e)(3)(i) or (ii) of this section.
(i) Perform a single-point calibration using an NIST-certified
buffer solution that is accurate to within +/-0.02 pH units at 25[deg]C
(77[deg]F). If the expected pH of the liquid that is monitored lies in
the acidic range (less than 7 pH), use a buffer solution with a pH
value of 4.00. If the expected pH of the liquid that is monitored is
neutral or lies in the basic range (equal to or greater than 7 pH), use
a buffer solution with a pH value of 10.00. Place the electrode of your
pH CPMS in the container of buffer solution. Record the pH measured by
your CPMS. Using the certified buffer solution as the reference, the pH
measured by your CPMS must be within the accuracy specified in
paragraph (e)(1) of this section.
(ii) Perform any of the initial validation methods for pH CPMS
specified in performance specifications for CPMS established in 40 CFR
part 60, appendix B.
(4) Perform an accuracy audit of your pH CPMS at least weekly,
according to the requirements in paragraph (e)(4)(i), (ii), or (iii) of
this section.
(i) If your pH CPMS includes a redundant pH sensor, record the pH
measured by each of the two pH sensors. The measurements must be taken
during periods when the process and control device that is monitored by
your pH CPMS are operating normally. The two pH values must agree
within the required overall accuracy of the CPMS, as specified in
paragraph (e)(1) of this section.
(ii) If your pH CPMS does not include a redundant pH sensor,
perform a single point calibration using an NIST-certified buffer
solution that is accurate to within +/-0.02 pH units at 25[deg]C
(77[deg]F). If the expected pH of the liquid that is monitored lies in
the acidic range (less than 7 pH), use a buffer solution with a pH
value of 4.00. If the expected pH of the liquid that is monitored is
neutral or lies in the basic range (equal to or greater than 7 pH), use
a buffer solution with a pH value of 10.00. Place the electrode of the
pH CPMS in the container of buffer solution. Record the pH measured by
your CPMS. Using the certified buffer solution as the reference, the pH
measured by your CPMS must be within the accuracy specified in
paragraph (e)(1) of this section.
(iii) Perform any of the accuracy audit methods for pH CPMS
specified in QA
[[Page 18754]]
procedures for CPMS established in 40 CFR part 60, appendix F.
(5) If your CPMS is not equipped with a redundant pH sensor,
perform at least monthly a visual inspection of all components of the
CPMS for integrity, oxidation, and galvanic corrosion.
(f) For each bag leak detection system, you must meet the
requirements in paragraphs (f)(1) through (11) of this section.
(1) Each triboelectric bag leak detection system must be installed,
calibrated, operated, and maintained according to the ``Fabric Filter
Bag Leak Detection Guidance'' (EPA-454/R-98-015, September 1997). That
document is available from the U.S. EPA; Office of Air Quality Planning
and Standards; Emissions, Monitoring and Analysis Division; Emission
Measurement Center (D205-02), Research Triangle Park, NC 27711. It is
also available on the Technology Transfer Network (TTN) at the
following address: http://www.epa.gov/ttn/emc/cem.html. Other types of
bag leak detection systems must be installed, operated, calibrated, and
maintained in a manner consistent with the manufacturer's written
specifications and recommendations.
(2) The bag leak detection system must be certified by the
manufacturer to be capable of detecting particulate matter (PM)
emissions at concentrations of 10 milligrams per actual cubic meter
(0.0044 grains per actual cubic foot) or less.
(3) The bag leak detection system sensor must provide an output of
relative PM loadings.
(4) The bag leak detection system must be equipped with a device to
continuously record the output signal from the sensor.
(5) The bag leak detection system must be equipped with an alarm
system that will be engaged automatically when an increase in relative
PM emissions over a preset level is detected. The alarm must be located
where it is easily recognized by plant operating personnel.
(6) For positive pressure fabric filter systems, a bag leak
detector must be installed in each baghouse compartment or cell.
(7) For negative pressure or induced air fabric filters, the bag
leak detector must be installed downstream of the fabric filter.
(8) Where multiple detectors are required, the system's
instrumentation and alarm may be shared among detectors.
(9) The baseline output must be established by adjusting the range
and the averaging period of the device and establishing the alarm set
points and the alarm delay time according to section 5.0 of the
``Fabric Filter Bag Leak Detection Guidance.''
(10) Following initial adjustment of the system, the owner or
operator must not adjust the sensitivity or range, averaging period,
alarm set points, or alarm delay time except as detailed in the OM&M
plan. In no case may the sensitivity be increased by more than 100
percent or decreased by more than 50 percent over a 365-day period
unless such adjustment follows a complete fabric filter inspection that
demonstrates that the fabric filter is in good operating condition. You
must record each adjustment of your bag leak detection system.
(11) Record the results of each inspection, calibration, and
validation check.
(g) For each lime feed rate measurement device that is used to
monitor the lime feed rate of a dry injection fabric filter (DIFF) or
dry lime scrubber/fabric filter (DLS/FF), or the chemical feed rate of
a wet scrubber, you must meet the requirements in paragraph (a) of this
section.
(h) For each affected source that is subject to the emission limit
specified in item 3, 4, 7, or 8 of Table 1 to this subpart, you must
satisfy the requirements of paragraphs (h)(1) through (3) of this
section.
(1) Install a THC CEMS at the outlet of the control device or in
the stack of the affected source.
(2) Meet the requirements of PS-8 of 40 CFR part 60, appendix B.
(3) Meet the requirements of Procedure 1 of 40 CFR part 60,
appendix F.
(i) Requests for approval of alternate monitoring methods must meet
the requirements in Sec. Sec. 63.9800(i)(2) and 63.8(f).
Sec. 63.9806 How do I demonstrate initial compliance with the
emission limits, operating limits, and work practice standards?
(a) You must demonstrate initial compliance with each emission
limit that applies to you according to the requirements specified in
Table 5 to this subpart.
(b) You must establish each site-specific operating limit in Table
2 to this subpart that applies to you according to the requirements
specified in Sec. 63.9800 and Table 4 to this subpart.
(c) You must demonstrate initial compliance with each work practice
standard that applies to you according to the requirements specified in
Table 6 to this subpart.
(d) You must submit the Notification of Compliance Status
containing the results of the initial compliance demonstration
according to the requirements in Sec. 63.9812(e).
Continuous Compliance Requirements
Sec. 63.9808 How do I monitor and collect data to demonstrate
continuous compliance?
(a) You must monitor and collect data according to this section.
(b) At all times, you must maintain your monitoring systems
including, but not limited to, maintaining necessary parts for routine
repairs of the monitoring equipment.
(c) Except for, as applicable, monitoring system malfunctions,
associated repairs, and required quality assurance or quality control
activities, you must monitor continuously whenever your affected
process unit is operating. For purposes of calculating data averages,
you must not use data recorded during monitoring system malfunctions,
associated repairs, and required quality assurance or quality control
activities. You must use all the data collected during all other
periods in assessing compliance. A monitoring system malfunction is any
sudden, infrequent, not reasonably preventable failure of the
monitoring system to provide valid data. Monitoring system malfunctions
include out of control continuous monitoring systems (CMS), such as a
CPMS. Any averaging period for which you do not have valid monitoring
data as a result of a monitoring system malfunction and for which such
data are required constitutes a deviation, and you must notify the
Administrator in accordance with Sec. 63.9814(e). Monitoring system
failures are different from monitoring system malfunctions in that they
are caused in part by poor maintenance or careless operation. Any
period for which there is a monitoring system failure and data are not
available for required calculations constitutes a deviation and you
must notify the Administrator in accordance with Sec. 63.9814(e).
Sec. 63.9810 How do I demonstrate continuous compliance with the
emission limits, operating limits, and work practice standards?
(a) You must demonstrate continuous compliance with each emission
limit specified in Table 1 to this subpart that applies to you
according to the requirements specified in Table 7 to this subpart.
(b) You must demonstrate continuous compliance with each operating
limit specified in Table 2 to this subpart that applies to you
according to the requirements specified in Table 8 to this subpart.
[[Page 18755]]
(c) You must demonstrate continuous compliance with each work
practice standard specified in Table 3 to this subpart that applies to
you according to the requirements specified in Table 9 to this subpart.
(d) For each affected source that is equipped with an add-on APCD
that is not addressed in Table 2 to this subpart or that is using
process changes as a means of meeting the emission limits in Table 1 to
this subpart, you must demonstrate continuous compliance with each
emission limit in Table 1 to this subpart and each operating limit
established as required in Sec. 63.9800(i)(3) according to the methods
specified in your approved alternative monitoring methods request as
described in Sec. 63.9800(i)(2).
(e) You must report each instance in which you did not meet each
emission limit and each operating limit in this subpart that applies to
you. This includes periods of startup, shutdown, and malfunction. These
instances are deviations from the emission limitations in this subpart.
These deviations must be reported according to the requirements in
Sec. 63.9814.
(1) During periods of startup, shutdown, and malfunction, you must
operate according to your SSMP.
(2) Consistent with Sec. Sec. 63.6(e) and 63.7(e)(1), deviations
that occur during a period of startup, shutdown, or malfunction are not
violations if you demonstrate to the Administrator's satisfaction that
you were operating according to your SSMP and your OM&M plan. The
Administrator will determine whether deviations that occur during a
period of startup, shutdown, or malfunction are violations, according
to the provisions in Sec. 63.6(e).
Notifications, Reports, and Records
Sec. 63.9812 What notifications must I submit and when?
(a) You must submit all of the notifications in Sec. Sec. 63.7(b)
and (c), 63.8(f)(4), and 63.9 (b) through (e) and (h) that apply to you
by the dates specified.
(b) As specified in Sec. 63.9(b)(2) and (3), if you start up your
affected source before April 16, 2003, you must submit an Initial
Notification not later than 120 calendar days after April 16, 2003.
(c) As specified in Sec. 63.9(b)(3), if you start up your new or
reconstructed affected source on or after April 16, 2003, you must
submit an Initial Notification not later than 120 calendar days after
you become subject to this subpart.
(d) If you are required to conduct a performance test, you must
submit a Notification of Performance Test at least 60 calendar days
before the performance test is scheduled to begin, as required in Sec.
63.7(b)(1).
(e) If you are required to conduct a performance test, you must
submit a Notification of Compliance Status as specified in Sec.
63.9(h) and paragraphs (e)(1) and (2) of this section.
(1) For each compliance demonstration that includes a performance
test conducted according to the requirements in Table 4 to this
subpart, you must submit the Notification of Compliance Status,
including the performance test results, before the close of business on
the 60th calendar day following the completion of the performance test,
according to Sec. 63.10(d)(2).
(2) In addition to the requirements in Sec. 63.9(h)(2)(i), you
must include the information in paragraphs (e)(2)(i) through (iv) of
this section in your Notification of Compliance Status.
(i) The operating limit parameter values established for each
affected source with supporting documentation and a description of the
procedure used to establish the values.
(ii) Design information and analysis with supporting documentation
demonstrating conformance with requirements for capture/collection
systems in Table 2 to this subpart.
(iii) A description of the methods used to comply with any
applicable work practice standard.
(iv) For each APCD that includes a fabric filter, analysis and
supporting documentation demonstrating conformance with EPA guidance
and specifications for bag leak detection systems in Sec. 63.9804(f).
(f) If you operate a clay refractory products kiln or a chromium
refractory products kiln that is subject to the work practice standard
specified in item 3 or 4 of Table 3 to this subpart, and you intend to
use a fuel other than natural gas or equivalent to fire the affected
kiln, you must submit a notification of alternative fuel use within 48
hours of the declaration of a period of natural gas curtailment or
supply interruption, as defined in Sec. 63.9824. The notification must
include the information specified in paragraphs (f)(1) through (5) of
this section.
(1) Company name and address.
(2) Identification of the affected kiln.
(3) Reason you are unable to use natural gas or equivalent fuel,
including the date when the natural gas curtailment was declared or the
natural gas supply interruption began.
(4) Type of alternative fuel that you intend to use.
(5) Dates when the alternative fuel use is expected to begin and
end.
(g) If you own or operate an affected continuous kiln and must
perform scheduled maintenance on the control device for that kiln, you
must request approval from the Administrator before bypassing the
control device, as specified in Sec. 63.9792(e). You must submit a
separate request for approval each time you plan to bypass the kiln
control device.
Sec. 63.9814 What reports must I submit and when?
(a) You must submit each report in Table 10 to this subpart that
applies to you.
(b) Unless the Administrator has approved a different schedule for
submission of reports under Sec. 63.10(a), you must submit each report
by the date in Table 10 to this subpart and as specified in paragraphs
(b)(1) through (5) of this section.
(1) The first compliance report must cover the period beginning on
the compliance date that is specified for your affected source in Sec.
63.9786 and ending on June 30 or December 31 and lasting at least 6
months but less than 12 months. For example, if your compliance date is
March 1, then the first semiannual reporting period would begin on
March 1 and end on December 31.
(2) The first compliance report must be postmarked or delivered no
later than July 31 or January 31 for compliance periods ending on June
30 and December 31, respectively.
(3) Each subsequent compliance report must cover the semiannual
reporting period from January 1 through June 30 or the semiannual
reporting period from July 1 through December 31.
(4) Each subsequent compliance report must be postmarked or
delivered no later than July 31 or January 31 for compliance periods
ending on June 30 and December 31, respectively.
(5) For each affected source that is subject to permitting
regulations pursuant to 40 CFR part 70 or 40 CFR part 71 and, if the
permitting authority has established dates for submitting semiannual
reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR
71.6(a)(3)(iii)(A), you may submit the first and subsequent compliance
reports according to the dates the permitting authority has established
instead of according to the dates in paragraphs (b)(1) through (4) of
this section. In such cases, you must notify the Administrator of this
change.
[[Page 18756]]
(c) The compliance report must contain the information in
paragraphs (c)(1) through (6) of this section.
(1) Company name and address.
(2) Statement by a responsible official with that official's name,
title, and signature, certifying that, based on information and belief
formed after reasonable inquiry, the statements and information in the
report are true, accurate, and complete.
(3) Date of report and beginning and ending dates of the reporting
period.
(4) If you had a startup, shutdown, or malfunction during the
reporting period, and you took actions consistent with your SSMP and
OM&M plan, the compliance report must include the information specified
in Sec. 63.10(d)(5)(i).
(5) If there are no deviations from any emission limitations
(emission limit, operating limit, or work practice standard) that apply
to you, the compliance report must include a statement that there were
no deviations from the emission limitations during the reporting
period.
(6) If there were no periods during which any affected CPMS was out
of control as specified in Sec. 63.8(c)(7), the compliance report must
include a statement that there were no periods during which the CPMS
was out of control during the reporting period.
(d) For each deviation from an emission limitation (emission limit,
operating limit, or work practice standard) that occurs at an affected
source where you are not using a CPMS to comply with the emission
limitations in this subpart, the compliance report must contain the
information in paragraphs (c)(1) through (4) and (d)(1) and (2) of this
section. This includes periods of startup, shutdown, and malfunction.
(1) The compliance report must include the total operating time of
each affected source during the reporting period.
(2) The compliance report must include information on the number,
duration, and cause of deviations (including unknown cause, if
applicable) and the corrective action taken.
(e) For each deviation from an emission limitation (emission limit,
operating limit, or work practice standard) occurring at an affected
source where you are using a CPMS to comply with the emission
limitation in this subpart, the compliance report must include the
information in paragraphs (c)(1) through (4) and (e)(1) through (13) of
this section. This includes periods of startup, shutdown, and
malfunction.
(1) The total operating time of each affected source during the
reporting period.
(2) The date and time that each startup, shutdown, or malfunction
started and stopped.
(3) The date, time, and duration that each CPMS was inoperative.
(4) The date, time and duration that each CPMS was out of control,
including the information in Sec. 63.8(c)(8), as required by your OM&M
plan.
(5) The date and time that each deviation from an emission
limitation (emission limit, operating limit, or work practice standard)
started and stopped, and whether each deviation occurred during a
period of startup, shutdown, or malfunction.
(6) A description of corrective action taken in response to a
deviation.
(7) A summary of the total duration of the deviations during the
reporting period and the total duration as a percentage of the total
source operating time during that reporting period.
(8) A breakdown of the total duration of the deviations during the
reporting period into those that are due to startup, shutdown, control
equipment problems, process problems, other known causes, and other
unknown causes.
(9) A summary of the total duration of CPMS downtime during the
reporting period and the total duration of CPMS downtime as a
percentage of the total source operating time during that reporting
period.
(10) A brief description of the process units.
(11) A brief description of the CPMS.
(12) The date of the latest CPMS initial validation or accuracy
audit.
(13) A description of any changes in CPMS, processes, or controls
since the last reporting period.
(f) If you have obtained a title V operating permit pursuant to 40
CFR part 70 or 40 CFR part 71, you must report all deviations as
defined in this subpart in the semiannual monitoring report required by
40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A). If you submit a
compliance report according to Table 10 to this subpart along with, or
as part of, the semiannual monitoring report required by 40 CFR
70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A), and the compliance
report includes all required information concerning deviations from any
emission limitation (including any operating limit), then submitting
the compliance report will satisfy any obligation to report the same
deviations in the semiannual monitoring report. However, submitting a
compliance report will not otherwise affect any obligation you may have
to report deviations from permit requirements to the permit authority.
(g) If you operate a clay refractory products kiln or a chromium
refractory products kiln that is subject to the work practice standard
specified in item 3 or 4 of Table 3 to this subpart, and you use a fuel
other than natural gas or equivalent to fire the affected kiln, you
must submit a report of alternative fuel use within 10 working days
after terminating the use of the alternative fuel. The report must
include the information in paragraphs (g)(1) through (6) of this
section.
(1) Company name and address.
(2) Identification of the affected kiln.
(3) Reason for using the alternative fuel.
(4) Type of alternative fuel used to fire the affected kiln.
(5) Dates that the use of the alternative fuel started and ended.
(6) Amount of alternative fuel used.
Sec. 63.9816 What records must I keep?
(a) You must keep the records listed in paragraphs (a)(1) through
(3) of this section.
(1) A copy of each notification and report that you submitted to
comply with this subpart, including all documentation supporting any
Initial Notification or Notification of Compliance Status that you
submitted, according to the requirements in Sec. 63.10(b)(2)(xiv).
(2) The records in Sec. 63.6(e)(3)(iii) through (v) related to
startup, shutdown, and malfunction.
(3) Records of performance tests as required in Sec.
63.10(b)(2)(viii).
(b) You must keep the records required in Tables 7 through 9 to
this subpart to show continuous compliance with each emission
limitation that applies to you.
(c) You must also maintain the records listed in paragraphs (c)(1)
through (10) of this section.
(1) Records of emission data used to develop an emissions profile,
as indicated in items 8(a)(i)(4) and 17(b)(i)(4) of Table 4 to this
subpart.
(2) Records that document how you comply with any applicable work
practice standard.
(3) For each bag leak detection system, records of each alarm, the
time of the alarm, the time corrective action was initiated and
completed, and a brief description of the cause of the alarm and the
corrective action taken.
(4) For each kiln controlled with a DLA, records that document the
source of limestone used.
(5) For each deviation of an operating limit parameter value, the
date, time,
[[Page 18757]]
and duration of the deviation, a brief explanation of the cause of the
deviation and the corrective action taken, and whether the deviation
occurred during a period of startup, shutdown, or malfunction.
(6) For each affected source, records of production rate on a
process throughput basis (either feed rate to the process unit or
discharge rate from the process unit).
(7) Records of any approved alternative monitoring method(s) or
test procedure(s).
(8) Records of maintenance activities and inspections performed on
control devices, including all records associated with the scheduled
maintenance of continuous kiln control devices, as specified in Sec.
63.9792(e).
(9) If you operate a source that is subject to the THC emission
limits specified in item 2, 3, 6, or 7 of Table 1 to this subpart and
is controlled with a catalytic oxidizer, records of annual checks of
catalyst activity levels and subsequent corrective actions.
(10) Current copies of the SSMP and the OM&M plan, including any
revisions and records documenting conformance with those revisions.
Sec. 63.9818 In what form and how long must I keep my records?
(a) Your records must be in a form suitable and readily available
for expeditious review, according to Sec. 63.10(b)(1).
(b) As specified in Sec. 63.10(b)(1), you must keep each record
for 5 years following the date of each occurrence, measurement,
maintenance, corrective action, report, or record.
(c) You must keep each record onsite for at least 2 years after the
date of each occurrence, measurement, maintenance, corrective action,
report, or record, according to Sec. 63.10(b)(1). You may keep the
records offsite for the remaining 3 years.
Other Requirements and Information
Sec. 63.9820 What parts of the General Provisions apply to me?
Table 11 to this subpart shows which parts of the General
Provisions specified in Sec. Sec. 63.1 through 63.15 apply to you.
Sec. 63.9822 Who implements and enforces this subpart?
(a) This subpart can be implemented and enforced by us, the U.S.
Environmental Protection Agency (U.S. EPA), or a delegated authority
such as your State, local, or tribal agency. If the U.S. EPA
Administrator has delegated authority to your State, local, or tribal
agency, then that agency, in addition to the U.S. EPA, has the
authority to implement and enforce this subpart. You should contact
your U.S. EPA Regional Office to find out if implementation and
enforcement to this subpart is delegated to your State, local, or
tribal agency.
(b) In delegating implementation and enforcement authority to this
subpart to a State, local, or tribal agency under 40 CFR part 63,
subpart E, the authorities contained in paragraph (c) of this section
are retained by the Administrator of the U.S. EPA and are not
transferred to the State, local, or tribal agency.
(c) The authorities that cannot be delegated to State, local, or
tribal agencies are as specified in paragraphs (c)(1) through (4) of
this section.
(1) Approval of alternatives to the applicability requirements in
Sec. Sec. 63.9782 and 63.9784, the compliance date requirements in
Sec. 63.9786, and the emission limitations in Sec. 63.9788.
(2) Approval of major changes to test methods under Sec.
63.7(e)(2)(ii) and (f) and as defined in Sec. 63.90.
(3) Approval of major changes to monitoring under Sec. 63.8(f) and
as defined in Sec. 63.90.
(4) Approval of major changes to recordkeeping and reporting under
Sec. 63.10(f) and as defined in Sec. 63.90.
Sec. 63.9824 What definitions apply to this subpart?
Terms used in this subpart are defined in the Clean Air Act, in 40
CFR 63.2, the General Provisions of this part, and in this section as
follows:
Additive means a minor addition of a chemical, mineral, or metallic
substance that is added to a refractory mixture to facilitate
processing or impart specific properties to the final refractory
product.
Add-on air pollution control device (APCD) means equipment
installed on a process vent that reduces the quantity of a pollutant
that is emitted to the air.
Autoclave means a vessel that is used to impregnate fired and/or
unfired refractory shapes with pitch to form pitch-impregnated
refractory products. Autoclaves also can be used as defumers following
the impregnation process.
Bag leak detection system means an instrument that is capable of
monitoring particulate matter loadings in the exhaust of a fabric
filter in order to detect bag failures. A bag leak detection system
includes, but is not limited to, an instrument that operates on
triboelectric, light-scattering, light-transmittance, or other effects
to monitor relative PM loadings.
Basket means the metal container used to hold refractory shapes for
pitch impregnation during the shape preheating, impregnation, defuming,
and, if applicable, coking processes.
Batch process means a process in which a set of refractory shapes
is acted upon as a single unit according to a predetermined schedule,
during which none of the refractory shapes being processed are added or
removed. A batch process does not operate continuously.
Binder means a substance added to a granular material to give it
workability and green or dry strength.
Catalytic oxidizer means an add-on air pollution control device
that is designed specifically to destroy organic compounds in a process
exhaust gas stream by catalytic incineration. A catalytic oxidizer
includes a bed of catalyst media through which the process exhaust
stream passes to promote combustion and incineration at a lower
temperature than would be possible without the catalyst.
Chromium refractory product means a refractory product that
contains at least 1 percent chromium by weight.
Clay refractory product means a refractory product that contains at
least 10 percent uncalcined clay by weight prior to firing in a kiln.
In this definition, the term ``clay'' means any of the following six
classifications of clay defined by the U.S. Geologic Survey: ball clay,
bentonite, common clay and shale, fire clay, fuller's earth, and
kaolin.
Coking oven means a thermal process unit that operates at a peak
temperature typically between 540[deg] and 870[deg]C (1000[deg] and
1600[deg]F) and is used to drive off the volatile constituents of
pitch-impregnated refractory shapes under a reducing or oxygen-deprived
atmosphere.
Continuous parameter monitoring system (CPMS) means the total
equipment that is used to measure and record temperature, pressure,
liquid flow rate, gas flow rate, or pH on a continuous basis in one or
more locations. ``Total equipment'' includes the sensor, mechanical
components, electronic components, data acquisition system, data
recording system, electrical wiring, and other components of a CPMS.
Continuous process means a process that operates continuously. In a
continuous process unit, the materials or shapes that are processed are
either continuously charged (fed) to and discharged from the process
unit, or are charged and discharged at regular time intervals without
the process unit being shut down. Continuous thermal process units,
such as tunnel kilns, generally include temperature zones that are
maintained at relatively constant
[[Page 18758]]
temperature and through which the materials or shapes being processed
are conveyed continuously or at regular time intervals.
Curing oven means a thermal process unit that operates at a peak
temperature typically between 90[deg] and 340[deg]C (200[deg] and
650[deg]F) and is used to activate a thermosetting resin, pitch, or
other binder in refractory shapes. Curing ovens also perform the same
function as shape dryers in removing the free moisture from refractory
shapes.
Defumer means a process unit that is used for holding pitch-
impregnated refractory shapes as the shapes defume or cool immediately
following the impregnation process. This definition includes autoclaves
that are opened and exhausted to the atmosphere following an
impregnation cycle and used for holding pitch-impregnated refractory
shapes while the shapes defume or cool.
Deviation means any instance in which an affected source subject to
this subpart, or an owner or operator of such a source:
(1) Fails to meet any requirement or obligation established by this
subpart including, but not limited to, any emission limitation
(emission limit, operating limit, or work practice standard);
(2) Fails to meet any term or condition that is adopted to
implement an applicable requirement in this subpart for any affected
source required to obtain such a permit; or
(3) Fails to meet any emission limitation (emission limit,
operating limit, or work practice standard) in this subpart during
startup, shutdown, or malfunction, regardless of whether or not such
failure is permitted by this subpart.
Dry injection fabric filter (DIFF) means an add-on air pollution
control device that includes continuous injection of hydrated lime or
other sorbent into a duct or reaction chamber followed by a fabric
filter.
Dry lime scrubber/fabric filter (DLS/FF) means an add-on air
pollution control device that includes continuous injection of
humidified hydrated lime or other sorbent into a reaction chamber
followed by a fabric filter. These systems may include recirculation of
some of the sorbent.
Dry limestone adsorber (DLA) means an air pollution control device
that includes a limestone storage bin, a reaction chamber that is
essentially a packed-tower filled with limestone, and may or may not
include a peeling drum that mechanically scrapes reacted limestone to
regenerate the stone for reuse.
Emission limitation means any restriction on the emissions a
process unit may discharge.
Fabric filter means an add-on air pollution control device used to
capture particulate matter by filtering a process exhaust stream
through a filter or filter media; a fabric filter is also known as a
baghouse.
Fired refractory shape means a refractory shape that has been fired
in a kiln.
HAP means any hazardous air pollutant that appears in section
112(b) of the Clean Air Act.
Kiln means a thermal process unit that operates at a peak
temperature greater than 820[deg]C (1500[deg]F) and is used for firing
or sintering refractory, ceramic, or other shapes.
Kiln furniture means any refractory shape that is used to hold,
support, or position ceramic or refractory products in a kiln during
the firing process.
Maximum organic HAP processing rate means the combination of
process and refractory product formulation that has the greatest
potential to emit organic HAP. The maximum organic HAP processing rate
is a function of the organic HAP processing rate, process operating
temperature, and other process operating parameters that affect
emissions of organic HAP. (See also the definition of organic HAP
processing rate.)
Organic HAP processing rate means the rate at which the mass of
organic HAP materials contained in refractory shapes are processed in
an affected thermal process unit. The organic HAP processing rate is a
function of the amount of organic HAP contained in the resins, binders,
and additives used in a refractory mix; the amounts of those resins,
binders, and additives in the refractory mix; and the rate at which the
refractory shapes formed from the refractory mix are processed in an
affected thermal process unit. For continuous process units, the
organic HAP processing rate is expressed in units of mass of organic
HAP per unit of time (e.g., pounds per hour). For batch process units,
the organic HAP processing rate is expressed in units of mass of
organic HAP per unit mass of refractory shapes processed during the
batch process cycle (e.g., pounds per ton).
Particulate matter (PM) means, for the purposes of this subpart,
emissions of particulate matter that serve as a measure of total
particulate emissions as measured by EPA Method 5 of 40 CFR part 60,
appendix A.
Peak emissions period means the period of consecutive hourly mass
emissions of the applicable pollutant that is greater than any other
period of consecutive hourly mass emissions for the same pollutant over
the course of a specified batch process cycle, as defined in paragraphs
(1) and (2) of this definition. The peak emissions period is a function
of the rate at which the temperature of the refractory shapes is
increased, the mass and loading configuration of the shapes in the
process unit, the constituents of the refractory mix, and the type of
pollutants emitted.
(1) The 3-hour peak THC emissions period is the period of 3
consecutive hours over which the sum of the hourly THC mass emissions
rates is greater than the sum of the hourly THC mass emissions rates
for any other period of 3 consecutive hours during the same batch
process cycle.
(2) The 3-hour peak HF emissions period is the period of 3
consecutive hours over which the sum of the hourly HF mass emissions
rates is greater than the sum of the hourly HF mass emissions rates for
any other period of 3 consecutive hours during the same batch process
cycle.
Period of natural gas curtailment or supply interruption means a
period of time during which the supply of natural gas to an affected
facility is halted for reasons beyond the control of the facility. An
increase in the cost or unit price of natural gas does not constitute a
period of natural gas curtailment or supply interruption.
Pitch means the residue from the distillation of petroleum or coal
tar.
Pitch-bonded refractory product means a formed refractory product
that is manufactured using pitch as a bonding agent. Pitch-bonded
refractory products are manufactured by mixing pitch with magnesium
oxide, graphite, alumina, silicon carbide, silica, or other refractory
raw materials, and forming the mix into shapes. After forming, pitch-
bonded refractory products are cured in a curing oven and may be
subsequently fired in a kiln.
Pitch-impregnated refractory product means a refractory shape that
has been fired in a kiln, then impregnated with heated coal tar or
petroleum pitch under pressure. After impregnation, pitch-impregnated
refractory shapes may undergo the coking process in a coking oven. The
total carbon content of a pitch-impregnated refractory product is less
than 50 percent.
Pitch working tank means a tank that is used for heating pitch to
the impregnation temperature, typically between 150[deg] and 260[deg]C
(300[deg] and 500[deg]F); temporarily storing heated pitch between
impregnation cycles; and transferring pitch to and from the
[[Page 18759]]
autoclave during the impregnation step in manufacturing pitch-
impregnated refractory products.
Plant site means all contiguous or adjoining property that is under
common control, including properties that are separated only by a road
or other public right-of-way. Common control includes properties that
are owned, leased, or operated by the same entity, parent entity,
subsidiary, or any combination thereof.
Redundant sensor means a second sensor or a back-up sensor that is
integrated into a CPMS and is used to check the parameter value (e.g.,
temperature, pressure) measured by the primary sensor of the CPMS.
Refractory product means nonmetallic materials containing less than
50 percent carbon by weight and having those chemical and physical
properties that make them applicable for structures, or as components
of systems, that are exposed to environments above 538[deg]C
(1000[deg]F). This definition includes, but is not limited to:
refractory bricks, kiln furniture, crucibles, refractory ceramic fiber,
and other materials used as linings for boilers, kilns, and other
processing units and equipment where extremes of temperature,
corrosion, and abrasion would destroy other materials.
Refractory products that use organic HAP means resin-bonded
refractory products, pitch-bonded refractory products, and other
refractory products that are produced using a substance that is an
organic HAP, that releases an organic HAP during production of the
refractory product, or that contains an organic HAP, such as methanol
or ethylene glycol.
Refractory shape means any refractory piece forming a stable mass
with specific dimensions.
Research and development process unit means any process unit whose
purpose is to conduct research and development for new processes and
products and is not engaged in the manufacture of products for
commercial sale, except in a de minimis manner.
Resin-bonded refractory product means a formed refractory product
that is manufactured using a phenolic resin or other type of
thermosetting resin as a bonding agent. Resin-bonded refractory
products are manufactured by mixing resin with alumina, magnesium
oxide, graphite, silica, zirconia, or other refractory raw materials,
and forming the mix into shapes. After forming, resin-bonded refractory
products are cured in a curing oven and may be subsequently fired in a
kiln.
Responsible official means one of the following:
(1) For a corporation: a president, secretary, treasurer, or vice-
president of the corporation in charge of a principal business
function, or any other person who performs similar policy or
decisionmaking functions for the corporation, or a duly authorized
representative of such person if the representative is responsible for
the overall operation of one or more manufacturing, production, or
operating facilities applying for or subject to a permit and either:
(i) The facilities employ more than 250 persons or have gross
annual sales or expenditures exceeding $25 million (in second quarter
1980 dollars); or
(ii) The delegation of authority to such representatives is
approved in advance by the Administrator;
(2) For a partnership or sole proprietorship: a general partner or
the proprietor, respectively;
(3) For a municipality, State, Federal, or other public agency:
either a principal executive officer or ranking elected official. For
the purposes of this part, a principal executive officer of a Federal
agency includes the chief executive officer having responsibility for
the overall operations of a principal geographic unit of the agency
(e.g., a Regional Administrator of EPA); or
(4) For affected sources (as defined in this subpart) applying for
or subject to a title V permit: ``responsible official'' shall have the
same meaning as defined in part 70 or Federal title V regulations in
this chapter (42 U.S.C. 7661), whichever is applicable.
Shape dryer means a thermal process unit that operates at a peak
temperature typically between 40[deg] and 700[deg]C (100[deg] and
1300[deg]F) and is used exclusively to reduce the free moisture content
of a refractory shape. Shape dryers generally are the initial thermal
process step following the forming step in refractory products
manufacturing. (See also the definition of a curing oven.)
Shape preheater means a thermal process unit that operates at a
peak temperature typically between 180[deg] and 320[deg]C (350[deg] and
600[deg]F) and is used to heat fired refractory shapes prior to the
impregnation step in manufacturing pitch-impregnated refractory
products.
Thermal oxidizer means an add-on air pollution control device that
includes one or more combustion chambers and is designed specifically
to destroy organic compounds in a process exhaust gas stream by
incineration.
Uncalcined clay means clay that has not undergone thermal
processing in a calciner.
Wet scrubber means an add-on air pollution control device that
removes pollutants from a gas stream by bringing them into contact with
a liquid, typically water.
Work practice standard means any design, equipment, work practice,
or operational standard, or combination thereof, that is promulgated
pursuant to section 112(h) of the Clean Air Act.
[[Page 18760]]
Tables to Subpart SSSSS of Part 63
As stated in Sec. 63.9788, you must comply with the emission
limits for affected sources in the following table:
Table 1 to Subpart SSSSS of Part 63.--Emission Limits
------------------------------------------------------------------------
You must meet the following
For . . . emission limits . . .
------------------------------------------------------------------------
1. Each new or existing curing oven, As specified in items 2 through
shape dryer, and kiln that is used to 9 of this table.
process refractory products that use
organic HAP; each new or existing
coking oven and defumer that is used
to produce pitch-impregnated
refractory products; each new shape
preheater that is used to produce
pitch-impregnated refractory products;
AND each new or existing process unit
that is exhausted to a thermal or
catalytic oxidizer that also controls
emissions from an affected shape
preheater or pitch working tank.
2. Continuous process units that are a. The 3-hour block average THC
controlled with a thermal or catalytic concentration must not exceed
oxidizer. 20 parts per million by
volume, dry basis (ppmvd),
corrected to 18 percent
oxygen, at the outlet of the
control device; or
b. The 3-hour block average THC
mass emissions rate must be
reduced by at least 95
percent.
3. Continuous process units that are a. The 3-hour block average THC
equipped with a control device other concentration must not exceed
than a thermal or catalytic oxidizer. 20 ppmvd, corrected to 18
percent oxygen, at the outlet
of the control device; or
b. The 3-hour block average THC
mass emissions rate must be
reduced by at least 95
percent.
4. Continuous process units that use The 3-hour block average THC
process changes to reduce organic HAP concentration must not exceed
emissions. 20 ppmvd, corrected to 18
percent oxygen, at the outlet
of the process gas stream.
5. Continuous kilns that are not The 3-hour block average THC
equipped with a control device. concentration must not exceed
20 ppmvd, corrected to 18
percent oxygen, at the outlet
of the process gas stream.
6. Batch process units that are a. The 2-run block average THC
controlled with a thermal or catalytic concentration for the 3-hour
oxidizer. peak emissions period must not
exceed 20 ppmvd, corrected to
18 percent oxygen, at the
outlet of the control device;
or
b. The 2-run block average THC
mass emissions rate for the 3-
hour peak emissions period
must be reduced by at least 95
percent.
7. Batch process units that are a. The 2-run block average THC
equipped with a control device other concentration for the 3-hour
than a thermal or catalytic oxidizer. peak emissions period must not
exceed 20 ppmvd, corrected to
18 percent oxygen, at the
outlet of the control device;
or
b. The 2-run block average THC
mass emissions rate for the 3-
hour peak emissions period
must be reduced by at least 95
percent.
8. Batch process units that use process The 2-run block average THC
changes to reduce organic HAP concentration for the 3-hour
emissions. peak emissions period must not
exceed 20 ppmvd, corrected to
18 percent oxygen, at the
outlet of the process gas
stream.
9. Batch process kilns that are not The 2-run block average THC
equipped with a control device. concentration for the 3-hour
peak emissions period must not
exceed 20 ppmvd, corrected to
18 percent oxygen, at the
outlet of the process gas
stream.
10. Each new continuous kiln that is a. The 3-hour block average HF
used to produce clay refractory emissions must not exceed
products. 0.019 kilograms per megagram
(kg/Mg) (0.038 pounds per ton
(lb/ton)) of uncalcined clay
processed, OR the 3-hour block
average HF mass emissions rate
must be reduced by at least 90
percent; and
b. The 3-hour block average HCl
emissions must not exceed
0.091 kg/Mg (0.18 lb/ton) of
uncalcined clay processed, OR
the 3-hour block average HCl
mass emissions rate must be
reduced by at least 30
percent.
11. Each new batch process kiln that is a. The 2-run block average HF
used to produce clay refractory mass emissions rate for the 3-
products. hour peak emissions period
must be reduced by at least 90
percent; and
b. The 2-run block average HCl
mass emissions rate for the 3-
hour peak emissions period
must be reduced by at least 30
percent.
------------------------------------------------------------------------
As stated in Sec. 63.9788, you must comply with the operating
limits for affected sources in the following table:
Table 2 to Subpart SSSSS of Part 63.--Operating Limits
------------------------------------------------------------------------
For . . . You must . . .
------------------------------------------------------------------------
1. Each affected source listed in Table a. Operate all affected sources
1 to this subpart. according to the requirements
to this subpart on and after
the date on which the initial
performance test is conducted
or required to be conducted,
whichever date is earlier; and
b. Capture emissions and vent
them through a closed system;
and
c. Operate each control device
that is required to comply
with this subpart on each
affected source during all
periods that the source is
operating, except where
specified in Sec.
63.9792(e), item 2 of this
table, and item 13 of Table 4
to this subpart; and
[[Page 18761]]
d. Record all operating
parameters specified in Table
8 to this subpart for the
affected source; and
e. Prepare and implement a
written OM&M plan as specified
in Sec. 63.9792(d).
2. Each affected continuous kiln that a. Receive approval from the
is equipped with an emission control Administrator before taking
device. the control device on the
affected kiln out of service
for scheduled maintenance, as
specified in Sec.
63.9792(e); and
b. Minimize HAP emissions from
the affected kiln during all
periods of scheduled
maintenance of the kiln
control device when the kiln
is operating and the control
device is out of service; and
c. Minimize the duration of all
periods of scheduled
maintenance of the kiln
control device when the kiln
is operating and the control
device is out of service.
3. Each new or existing curing oven, Satisfy the applicable
shape dryer, and kiln that is used to operating limits specified in
process refractory products that use items 4 through 9 of this
organic HAP; each new or existing table.
coking oven and defumer that is used
to produce pitch-impregnated
refractory products; each new shape
preheater that is used to produce
pitch-impregnated refractory products;
AND each new or existing process unit
that is exhausted to a thermal or
catalytic oxidizer that also controls
emissions from an affected shape
preheater or pitch working tank.
4. Each affected continuous process Maintain the 3-hour block
unit. average organic HAP processing
rate (pounds per hour) at or
below the maximum organic HAP
processing rate established
during the most recent
performance test.
5. Continuous process units that are Maintain the 3-hour block
equipped with a thermal oxidizer. average operating temperature
in the thermal oxidizer
combustion chamber at or above
the minimum allowable
operating temperature for the
oxidizer established during
the most recent performance
test.
6. Continuous process units that are a. Maintain the 3-hour block
equipped with a catalytic oxidizer. average operating temperature
at the inlet of the catalyst
bed of the oxidizer at or
above the minimum allowable
operating temperature for the
oxidizer established during
the most recent performance
test; and
b. Check the activity level of
the catalyst at least every 12
months.
7. Each affected batch process unit.... For each batch cycle, maintain
the organic HAP processing
rate (pounds per batch) at or
below the maximum organic HAP
processing rate established
during the most recent
performance test.
8. Batch process units that are a. From the start of each batch
equipped with a thermal oxidizer. cycle until 3 hours have
passed since the process unit
reached maximum temperature,
maintain the hourly average
operating temperature in the
thermal oxidizer combustion
chamber at or above the
minimum allowable operating
temperature established for
the corresponding period
during the most recent
performance test, as
determined according to item
11 of Table 4 to this subpart;
and
b. For each subsequent hour of
the batch cycle, maintain the
hourly average operating
temperature in the thermal
oxidizer combustion chamber at
or above the minimum allowable
operating temperature
established for the
corresponding hour during the
most recent performance test,
as specified in item 13 of
Table 4 to this subpart.
9. Batch process units that are a. From the start of each batch
equipped with a catalytic oxidizer. cycle until 3 hours have
passed since the process unit
reached maximum temperature,
maintain the hourly average
operating temperature at the
inlet of the catalyst bed at
or above the minimum allowable
operating temperature
established for the
corresponding period during
the most recent performance
test, as determined according
to item 12 of Table 4 to this
subpart; and
b. For each subsequent hour of
the batch cycle, maintain the
hourly average operating
temperature at the inlet of
the catalyst bed at or above
the minimum allowable
operating temperature
established for the
corresponding hour during the
most recent performance test,
as specified in item 13 of
Table 4 to this subpart; and
c. Check the activity level of
the catalyst at least every 12
months.
10. Each new kiln that is used to Satisfy the applicable
process clay refractory products. operating limits specified in
items 11 through 13 of this
table.
11. Each affected kiln that is equipped a. Maintain the 3-hour block
with a DLA. average pressure drop across
the DLA at or above the
minimum levels established
during the most recent
performance test; and
b. Maintain free-flowing
limestone in the feed hopper,
silo, and DLA at all times;
and
c. Maintain the limestone
feeder at or above the level
established during the most
recent performance test; and
[[Page 18762]]
d. Use the same grade of
limestone from the same source
as was used during the most
recent performance test and
maintain records of the source
and type of limestone used.
12. Each affected kiln that is equipped a. Initiate corrective action
with a DIFF or DLS/FF. within 1 hour of a bag leak
detection system alarm and
complete corrective actions in
accordance with the OM&M plan;
and
b. Verify at least once each 8-
hour shift that lime is free-
flowing by means of a visual
check, checking the output of
a load cell, carrier gas/lime
flow indicator, or carrier gas
pressure drop measurement
system; and
c. Record the lime feeder
setting daily to verify that
the feeder setting is at or
above the level established
during the most recent
performance test.
13. Each affected kiln that is equipped a. Maintain the 3-hour block
with a wet scrubber. average pressure drop across
the scrubber, liquid pH, and
liquid flow rate at or above
the minimum levels established
during the most recent
performance test; and
b. If chemicals are added to
the scrubber liquid, maintain
the 3-hour block average
chemical feed rate at or above
the minimum chemical feed rate
established during the most
recent performance test.
------------------------------------------------------------------------
As stated in Sec. 63.9788, you must comply with the work practice
standards for affected sources in the following table:
Table 3 to Subpart SSSSS of Part 63.--Work Practice Standards
------------------------------------------------------------------------
According to one
For . . . You must . . . of the following
requirements . . .
------------------------------------------------------------------------
1. Each basket or container that a. Control POM i. At least every
is used for holding fired emissions from 10 preheating
refractory shapes in an any affected cycles, clean the
existing shape preheater and shape preheater. residual pitch
autoclave during the pitch from the surfaces
impregnation process. of the basket or
container by
abrasive blasting
prior to placing
the basket or
container in the
affected shape
preheater; or
ii. At least every
10 preheating
cycles, subject
the basket or
container to a
thermal process
cycle that meets
or exceeds the
operating
temperature and
cycle time of the
affected
preheater, AND is
conducted in a
process unit that
is exhausted to a
thermal or
catalytic
oxidizer that is
comparable to the
control device
used on an
affected defumer
or coking oven;
or
iii. Capture
emissions from
the affected
shape preheater
and vent them to
the control
device that is
used to control
emissions from an
affected defumer
or coking oven,
or to a
comparable
thermal or
catalytic
oxidizer.
2. Each new or existing pitch Control POM Capture emissions
working tank. emissions. from the affected
pitch working
tank and vent
them to the
control device
that is used to
control emissions
from an affected
defumer or coking
oven, OR to a
comparable
thermal or
catalytic
oxidizer.
3. Each new or existing chromium Minimize fuel- Use natural gas,
refractory products kiln. based HAP or equivalent, as
emissions. the kiln fuel,
except during
periods of
natural gas
curtailment or
supply
interruption, as
defined in Sec.
63.9824.
4. Each existing clay refractory Minimize fuel- Use natural gas,
products kiln. based HAP or equivalent, as
emissions. the kiln fuel,
except during
periods of
natural gas
curtailment or
supply
interruption, as
defined in Sec.
63.9824.
------------------------------------------------------------------------
As stated in Sec. 63.9800, you must comply with the requirements
for performance tests for affected sources in the following table:
[[Page 18763]]
Table 4 to Subpart SSSSS to Part 63.--Requirements for Performance Tests
----------------------------------------------------------------------------------------------------------------
According to the
For . . . You must . . . Using . . . following requirements .
. .
----------------------------------------------------------------------------------------------------------------
1. Each affected source listed in a. Conduct performance i. The requirements of (1) Record the date of
Table 1 to this subpart. tests. the general provisions the test; and
in subpart A of this (2) Identify the
part and the emission source that is
requirements to this tested; and
subpart. (3) Collect and record
the corresponding
operating parameter and
emission test data
listed in this table
for each run of the
performance test; and
(4) Repeat the
performance test at
least every 5 years;
and
(5) Repeat the
performance test before
changing the parameter
value for any operating
limit specified in your
OM&M plan; and
(6) If complying with
the THC concentration
or THC percentage
reduction limits
specified in items 2
through 9 of Table 1 to
this subpart, repeat
the performance test
under the conditions
specified in items
2.a.2. and 2.a.3. of
this table; and
(7) If complying with
the emission limits for
new clay refractory
products kilns
specified in items 10
and 11 of Table 1 to
this subpart, repeat
the performance test
under the conditions
specified in items
14.a.i.4. and 17.a.i.4.
of this table.
b. Select the locations i. Method 1 or 1A of 40 (1) To demonstrate
of sampling ports and CFR part 60, appendix A. compliance with the
the number of traverse percentage reduction
points. limits specified in
items 2.b., 3.b., 6.b.,
7.b., 10, and 11 of
Table 1 to this
subpart, locate
sampling sites at the
inlet of the control
device and at either
the outlet of the
control device or at
the stack prior to any
releases to the
atmosphere; and
(2) To demonstrate
compliance with any
other emission limit
specified in Table 1 to
this subpart, locate
all sampling sites at
the outlet of the
control device or at
the stack prior to any
releases to the
atmosphere.
c. Determine gas velocity Method 2, 2A, 2C, 2D, Measure gas velocities
and volumetric flow rate. 2F, or 2G of 40 CFR and volumetric flow
part 60, appendix A. rates at 1-hour
intervals throughout
each test run.
d. Conduct gas molecular (i) Method 3, 3A, or 3B As specified in the
weight analysis. of 40 CFR part 60, applicable test method.
appendix A; or
(ii) ASME PTC 19.10-1981- You may use ASME PTC
Part 10. 19.10-1981-Part 10
(available for purchase
from Three Park Avenue,
New York, NY 10016-
5990) as an alternative
to EPA Method 3B.
e. Measure gas moisture Method 4 of 40 CFR part As specified in the
content. 60, appendix A. applicable test method.
[[Page 18764]]
2. Each new or existing curing a. Conduct performance ........................ (1) Conduct the
oven, shape dryer, and kiln that tests. performance test while
is used to process refractory the source is operating
products that use organic HAP; at the maximum organic
each new or existing coking oven HAP processing rate, as
and defumer that is used to defined in Sec.
produce pitch-impregnated 63.9824, reasonably
refractory products; each new expected to occur; and
shape preheater that is used to (2) Repeat the
produce pitch-impregnated performance test before
refractory products; AND each starting production of
new or existing process unit any product for which
that is exhausted to a thermal the organic HAP
or catalytic oxidizer that also processing rate is
controls emissions from an likely to exceed the
affected shape preheater or maximum organic HAP
pitch working tank. processing rate
established during the
most recent performance
test by more than 10
percent, as specified
in Sec. 63.9798(c);
and
(3) Repeat the
performance test on any
affected uncontrolled
kiln following process
changes (e.g., shorter
curing oven cycle time)
that could increase
organic HAP emissions
from the affected kiln,
as specified in Sec.
63.9798(d).
b. Satisfy the applicable
requirements listed in
items 3 through 13 of
this table.
3. Each affected continuous a. Perform a minimum of 3 The appropriate test Each test run must be at
process unit. test runs. methods specified in least 1 hour in
items 1, 4, and 5 of duration.
this table.
b. Establish the i. Method 311 of 40 CFR (1) Calculate and record
operating limit for the part 63, appendix A, OR the organic HAP content
maximum organic HAP material safety data of all refractory
processing rate. sheets (MSDS), OR shapes that are
product labels to processed during the
determine the mass performance test, based
fraction of organic HAP on the mass fraction of
in each resin, binder, organic HAP in the
or additive; and resins, binders, or
additives; the mass
fraction of each resin,
binder, or additive, in
the product; and the
process feed rate; and
ii. Product formulation (2) Calculate and record
data that specify the the organic HAP
mass fraction of each processing rate (pounds
resin, binder, and per hour) for each test
additive in the run; and
products that are
processed during the
performance test; and
iii. Process feed rate (3) Calculate and record
data (tons per hour). the maximum organic HAP
processing rate as the
average of the organic
HAP processing rates
for the three test
runs.
c. Record the operating Process data............ During each test run and
temperature of the at least once per hour,
affected source. record the operating
temperature in the
highest temperature
zone of the affected
source.
4. Each continuous process unit a. Measure THC i. Method 25A of 40 CFR (1) Each minute, measure
that is subject to the THC concentrations at the part 60, appendix A. and record the
emission limit listed in item outlet of the control concentrations of THC
2.a., 3.a., 4, or 5 of Table 1 device or in the stack. in the exhaust stream;
to this subpart. and
(2) Provide at least 50
1-minute measurements
for each valid hourly
average THC
concentration.
[[Page 18765]]
b. Measure oxygen i. Method 3A of 40 CFR (1) Each minute, measure
concentrations at the part 60, appendix A. and record the
outlet of the control concentrations of
device or in the stack. oxygen in the exhaust
stream; and
(2) Provide at least 50
1-minute measurements
for each valid hourly
average THC
concentration.
c. Determine the hourly i. Equation 1 of Sec. (1) Calculate the hourly
average THC 63.9800(g)(1); and. average THC
concentration, corrected ii. The 1-minute THC and concentration for each
to 18 percent oxygen. oxygen concentration hour of the performance
data. test as the average of
the 1-minute THC
measurements; and
(2) Calculate the hourly
average oxygen
concentration for each
hour of the performance
test as the average of
the 1-minute oxygen
measurements; and
(3) Correct the hourly
average THC
concentrations to 18
percent oxygen using
Equation 1 of Sec.
63.9800(g)(1).
d. Determine the 3-hour The hourly average Calculate the 3-hour
block average THC concentration of THC, block average THC
emission concentration, corrected to 18 percent emission concentration,
corrected to 18 percent oxygen, for each test corrected to 18 percent
oxygen. run. oxygen, as the average
of the hourly average
THC emission
concentrations,
corrected to 18 percent
oxygen.
5. Each continuous process unit a. Measure THC i. Method 25A of 40 CFR (1) Each minute, measure
that is subject to the THC concentrations at the part 60, appendix A. and record the
percentage reduction limit inlet and outlet of the concentrations of THC
listed in item 2.b. or 3.b. of control device. at the inlet and outlet
Table 1 to this subpart. of the control device;
and
(2) Provide at least 50
1-minute measurements
for each valid hourly
average THC
concentration at the
control device inlet
and outlet.
b. Determine the hourly i. The 1-minute THC Calculate the hourly THC
THC mass emissions rates concentration data at mass emissions rates at
at the inlet and outlet the control device the control device
of the control device. inlet and outlet; and inlet and outlet for
ii. The volumetric flow each hour of the
rates at the control performance test.
device inlet and outlet.
c. Determine the 3-hour i. The hourly THC mass (1) Calculate the hourly
block average THC emissions rates at the THC percentage
percentage reduction. inlet and outlet of the reduction for each hour
control device. of the performance test
using Equation 2 of
Sec. 63.9800(g)(1);
and
(2) Calculate the 3-hour
block average THC
percentage reduction.
6. Each continous process unit a. Establish the i. Continuous recording (1) At least every 15
that is equipped with a thermal operating limit for the of the output of the minutes, measure and
oxidizer. minimum allowable combustion chamber record the thermal
thermal oxidizer temperature measurement oxidizer combustion
combustion chamber device. chamber temperature;
temperature. and
(2) Provide at least one
measurement during at
least three 15-minute
periods per hour of
testing; and
(3) Calculate the hourly
average thermal
oxidizer combustion
chamber temperature for
each hour of the
performance test; and
(4) Calculate the
minimum allowable
combustion chamber
temperature as the
average of the
combustion chamber
temperatures for the
three test runs, minus
14[deg]C (25[deg]F).
7. Each continuous process unit a. Establish the i. Continuous recording (1) At least every 15
that is equipped with a operating limit for the of the output of the minutes, measure and
catalytic oxidizer. minimum allowable temperature measurement record the temperature
temperature at the inlet device. at the inlet of the
of the catalyst bed. catalyst bed; and
(2) Provide at least one
catalyst bed inlet
temperature measurement
during at least three
15-minute periods per
hour of testing; and
(3) Calculate the hourly
average catalyst bed
inlet temperature for
each hour of the
performance test; and
[[Page 18766]]
(4) Calculate the
minimum allowable
catalyst bed inlet
temperature as the
average of the catalyst
bed inlet temperatures
for the three test
runs, minus 14[deg]C
(25[deg]F).
8. Each affected batch process a. Perform a minimum of i. The appropriate test (1) Each test run must
unit. two test runs. methods specified in be conducted over a
items 1, 9, and 10 of separate batch cycle
this table. unless you satisfy the
requirements of Sec.
63.9800(f)(3) and (4);
and
(2) Each test run must
begin with the start of
a batch cycle, except
as specified in item
8.a.i.4. of this table;
and
(3) Each test run must
continue until the end
of the batch cycle,
except as specified in
items 8.a.i.4. and
8.a.i.5. of this table;
and
(4) If you develop an
emissions profile, as
described in Sec.
63.9802(a), AND for
sources equipped with a
thermal or catalytic
oxidizer, you do not
reduce the oxidizer
operating temperature,
as specified in item 13
of this table, you can
limit each test run to
the 3-hour peak THC
emissions period; and
(5) If you do not
develop an emissions
profile, a test run can
be stopped, and the
results of that run
considered complete, if
you measure emissions
continuously until at
least 3 hours after the
affected process unit
has reached maximum
temperature, AND the
hourly average THC mass
emissions rate has not
increased during the 3-
hour period since
maximum process
temperature was
reached, and the hourly
average concentrations
of THC at the inlet of
the control device have
not exceeded 20 ppmvd,
corrected to 18 percent
oxygen, during the 3-
hour period since
maximum process
temperature was reached
or the hourly average
THC percentage
reduction has been at
least 95 percent during
the 3-hour period since
maximum process
temperature was
reached, AND, for
sources equipped with a
thermal or catalytic
oxidizer, at least 1
hour has passed since
any reduction in the
operating temperature
of the oxidizer, as
specified in item 13 of
this table.
b. Establish the i. Method 311 of 40 CFR (1) Calculate and record
operating limit for the part 63, appendix A, OR the organic HAP content
maximum organic HAP MSDS, OR product labels of all refractory
processing rate. to determine the mass shapes that are
fraction of organic HAP processed during the
in each resin, binder, performance test, based
or additive; and on the mass fraction of
HAP in the resins,
binders, or additives;
the mass fraction of
each resin, binder, or
additive, in the
product, and the batch
weight prior to
processing; and
ii. Product formulation (2) Calculate and record
data that specify the the organic HAP
mass fraction of each processing rate (pounds
resin, binder, and per batch) for each
additive in the test run; and
products that are (3) Calculate and record
processed during the the maximum organic HAP
performance test; and processing rate as the
iii. Batch weight (tons) average of the organic
HAP processing rates
for the two test runs.
[[Page 18767]]
c. Record the batch cycle Process data............ Record the total elapsed
time. time from the start to
the completion of the
batch cycle.
d. Record the operating Process data............ Record the operating
temperature of the temperature of the
affected source. affected source at
least once every hour
from the start to the
completion of the batch
cycle.
9. Each batch process unit that a. Measure THC i. Method 25A of 40 CFR (1) Each minute, measure
is subject to the THC emission concentrations at the part 60, appendix A. and record the
limit listed in item 6.a., 7.a., outlet of the control concentrations of THC
8, or 9 of Table 1 to this device or in the stack. in the exhaust stream;
subpart. and
(2) Provide at least 50
1-minute measurements
for each valid hourly
average THC
concentration.
b. Measure oxygen i. Method 3A of 40 CFR (1) Each minute, measure
concentrations at the part 60, appendix A. and record the
outlet of the control concentrations of
device or in the stack. oxygen in the exhaust
stream; and
(2) Provide at least 50
1-minute measurements
for each valid hourly
average oxygen
concentration.
c. Determine the hourly i. Equation 1 of Sec. (1) Calculate the hourly
average THC 63.9800(g)(1); and. average THC
concentration, corrected ii. The 1-minute THC and concentration for each
to 18 percent oxygen. oxygen concentration hour of the performance
data. test as the average of
the 1-minute THC
measurements; and
(2) Calculate the hourly
average oxygen
concentration for each
hour of the performance
test as the average of
the 1-minute oxygen
measurements; and
(3) Correct the hourly
average THC
concentrations to 18
percent oxygen using
Equation 1 of Sec.
63.9800(g)(1).
d. Determine the 3-hour The hourly average THC Select the period of 3
peak THC emissions concentrations, consecutive hours over
period for each test run. corrected to 18 percent which the sum of the
oxygen. hourly average THC
concentrations,
corrected to 18 percent
oxygen, is greater than
the sum of the hourly
average THC emission
concentrations,
corrected to 18 percent
oxygen, for any other
period of 3 consecutive
hours during the test
run.
e. Determine the average The hourly average THC Calculate the average of
THC concentration, emission the hourly average THC
corrected to 18 percent concentrations, concentrations,
oxygen, for each test corrected to 18 percent corrected to 18 percent
run. oxygen, for the 3-hour oxygen, for the 3 hours
peak THC emissions of the peak emissions
period. period for each test
run.
f. Determine the 2-run The average THC Calculate the average of
block average THC concentration, the average THC
concentration, corrected corrected to 18 percent concentrations,
to 18 percent oxygen, oxygen, for each test corrected to 18 percent
for the emission test. run. oxygen, for each run.
10. Each batch process unit that a. Measure THC i. Method 25A of 40 CFR (1) Each minute, measure
is subject to the THC percentage concentrations at the part 60, appendix A. and record the
reduction limit listed in item inlet and outlet of the concentrations of THC
6.b. or 7.b. of Table 1 to this control device. at the control device
subpart. inlet and outlet; and
(2) Provide at least 50
1-minute measurements
for each valid hourly
average THC
concentration at the
control device inlet
and outlet.
b. Determine the hourly i. The 1-minute THC (1) Calculate the hourly
THC mass emissions rates concentration data at mass emissions rates at
at the control device the control device the control device
inlet and outlet. inlet and outlet; and inlet and outlet for
ii. The volumetric flow each hour of the
rates at the control performance test.
device inlet and outlet.
[[Page 18768]]
c. Determine the 3-hour The hourly THC mass Select the period of 3
peak THC emissions emissions rates at the consecutive hours over
period for each test run. control device inlet. which the sum of the
hourly THC mass
emissions rates at the
control device inlet is
greater than the sum of
the hourly THC mass
emissions rates at the
control device inlet
for any other period of
3 consecutive hours
during the test run.
d. Determine the average i. Equation 2 of Sec. Calculate the average
THC percentage reduction 63.9800(g)(2); and. THC percentage
for each test run. ii. The hourly THC mass reduction for each test
emissions rates at the run using Equation 2 of
control device inlet Sec. 63.9800(g)(2).
and outlet for the 3-
hour peak THC emissions
period.
e. Determine the 2-run The average THC Calculate the average of
block average THC percentage reduction the average THC
percentage reduction for for each test run. percentage reductions
the emission test. for each test run.
11. Each batch process unit that a. Establish the i. Continuous recording (1) At least every 15
is equipped with a thermal operating limit for the of the output of the minutes, measure and
oxidizer. minimum thermal oxidizer combustion chamber record the thermal
combustion chamber temperature measurement oxidizer combustion
temperature. device. chamber temperature;
and
(2) Provide at least one
temperature measurement
during at least three
15-minute periods per
hour of testing; and
(3) Calculate the hourly
average combustion
chamber temperature for
each hour of the 3-hour
peak emissions period,
as defined in item 9.d.
or 10.c. of this table,
whichever applies; and
(4) Calculate the
minimum allowable
thermal oxidizer
combustion chamber
operating temperature
as the average of the
hourly combustion
chamber temperatures
for the 3-hour peak
emissions period, minus
14[deg]C (25[deg]F).
12. Each batch process unit that a. Establish the i. Continuous recording (1) At least every 15
is equipped with a catalytic operating limit for the of the output of the minutes, measure and
oxidizer. minimum temperature at temperature measurement record the temperature
the inlet of the device. at the inlet of the
catalyst bed. catalyst bed; and
(2) Provide at least one
catalyst bed inlet
temperature measurement
during at least three
15-minute periods per
hour of testing; and
(3) Calculate the hourly
average catalyst bed
inlet temperature for
each hour of the 3-hour
peak emissions period,
as defined in item 9.d.
or 10.c. of this table,
whichever applies; and
(4) Calculate the
minimum allowable
catalytic oxidizer
catalyst bed inlet
temperature as the
average of the hourly
catalyst bed inlet
temperatures for the 3-
hour peak emissions
period, minus 14[deg]C
(25[deg]F).
13. Each batch process unit that a. During each test run, (1) The oxidizer can be
is equipped with a thermal or maintain the applicable shut off or the
catalytic oxidizer. operating temperature of oxidizer operating
the oxidizer until temperature can be
emission levels allow reduced if you do not
the oxidizer to be shut use an emission profile
off or the operating to limit testing to the
temperature of the 3-hour peak emissions
oxidizer to be reduced. period, as specified in
item 8.a.i.4. of this
table; and
(2) At least 3 hours
have passed since the
affected process unit
reached maximum
temperature; and
[[Page 18769]]
(3) The applicable
emission limit
specified in item 6.a.
or 6.b. of Table 1 to
this subpart was met
during each of the
previous three 1-hour
periods; and
(4) The hourly average
THC mass emissions rate
did not increase during
the 3-hour period since
maximum process
temperature was
reached; and
(5) The applicable
emission limit
specified in item 6.a.
and 6.b. of Table 1 to
this subpart was met
during each of the four
15-minute periods
immediately following
the oxidizer
temperature reduction;
and
(6) If the applicable
emission limit
specified in item 6.a.
or 6.b. of Table 1 to
this subpart was not
met during any of the
four 15-minute periods
immediately following
the oxidizer
temperature reduction,
you must return the
oxidizer to its normal
operating temperature
as soon as possible and
maintain that
temperature for at
least 1 hour; and
(7) Continue the test
run until the
applicable emission
limit specified in
items 6.a. and 6.b. of
Table 1 to this subpart
is met for at least
four consecutive 15-
minute periods that
immediately follow the
temperature reduction;
and
(8) Calculate the hourly
average oxidizer
operating temperature
for each hour of the
performance test since
the affected process
unit reached maximum
temperature.
14. Each new continuous kiln that a. Measure emissions of i. Method 26A of 40 CFR (1) Conduct the test
is used to process clay HF and HCl. part 60, appendix A; or while the kiln is
refractory products. ii. Method 26 of 40 CFR operating at the
part 60, appendix A; or. maximum production
iii. Method 320 of 40 level; and
CFR part 63, appendix A. (2) You may use Method
26 of 40 CFR part 60,
appendix A, only if no
acid PM (e.g., HF or
HCl dissolved in water
droplets emitted by
sources controlled by a
wet scrubber) is
present; and
(3) If you use Method
320 of 40 CFR part 63,
appendix A, you must
follow the analyte
spiking procedures of
Section 13 of Method
320 unless you can
demonstrate that the
complete spiking
procedure has been
conducted at a similar
source; and
(4) Repeat the
performance test if the
affected source is
controlled with a DLA
and you change the
source of the limestone
used in the DLA.
b. Perform a minimum of 3 The appropriate test Each test run must be at
test runs. methods specified in least 1 hour in
items 1 and 14.a. of duration.
this table.
[[Page 18770]]
15. Each new continuous kiln that a. Record the uncalcined i. Production data; and. (1) Record the
is subject to the production- clay processing rate. ii. Product formulation production rate (tons
based HF and HCl emission limits data that specify the per hour of fired
specified in items 10.a. and mass fraction of product); and
10.b. of Table 1 to this subpart. uncalcined clay in the (2) Calculate and record
products that are the average rate at
processed during the which uncalcined clay
performance test. is processed (tons per
hour) for each test
run; and
(3) Calculate and record
the 3-run average
uncalcined clay
processing rate as the
average of the average
uncalcined clay
processing rates for
each test run.
b. Determine the HF mass i. Method 26A of 40 CFR Calculate the HF mass
emissions rate at the part 60, appendix A; or emissions rate for each
outlet of the control ii. Method 26 of 40 CFR test.
device or in the stack. part 60, appendix A; or.
iii. Method 320 of 40
CFR part 63, appendix A.
c. Determine the 3-hour i. The HF mass emissions (1) Calculate the hourly
block average production- rate for each test run; production-based HF
based HF emissions rate. and emissions rate for each
ii. The average test run using Equation
uncalcined clay 3 of Sec.
processing rate. 63.9800(g)(3); and
(2) Calculate the 3-hour
block average
production-based HF
emissions rate as the
average of the hourly
production-based HF
emissions rates for
each test run.
d. Determine the HCl mass i. Method 26A of 40 CFR Calculate the HCl mass
emissions rate at the part 60, appendix A; or emissions rate for each
outlet of the control ii. Method 26 of 40 CFR test run.
device or in the stack. part 60, appendix A; or.
iii. Method 320 of 40
CFR part 63, appendix A.
e. Determine the 3-hour i. The HCl mass (1) Calculate the hourly
block average production- emissions rate for each production-based HCl
based HCl emissions rate. test run; and emissions rate for each
ii. The average test run using Equation
uncalcined clay 3 of Sec.
processing rate. 63.9800(g)(3); and
(2) Calculate the 3-hour
block average
production-based HCl
emissions rate as the
average of the
production-based HCl
emissions rates for
each test run.
16. Each new continuous kiln that a. Measure the HF mass i. Method 26A of 40 CFR Calculate the HF mass
is subject to the HF and HCl emissions rates at the part 60, appendix A; or emissions rates at the
percentage reduction limits inlet and outlet of the ii. Method 26 of 40 CFR control device inlet
specified in items 10.a. and control device. part 60, appendix A; or. and outlet for each
10.b. of Table 1 to this subpart. iii. Method 320 of 40 test run.
CFR part 63, appendix A.
b. Determine the 3-hour i. The HF mass emissions (1) Calculate the hourly
block average HF rates at the inlet and HF percentage reduction
percentage reduction. outlet of the control using Equation 2 of
device for each test Sec. 63.9800(g)(2);
run and
(2) Calculate the 3-hour
block average HF
percentage reduction as
the average of the HF
percentage reductions
for each test run.
c. Measure the HCl mass i. Method 26A of 40 CFR Calculate the HCl mass
emissions rates at the part 60, appendix A; or emissions rates at the
inlet and outlet of the ii. Method 26 of 40 CFR control device inlet
control device. part 60, appendix A; or. and outlet for each
iii. Method 320 of 40 test run.
CFR part 63, appendix A.
d. Determine the 3-hour i. The HCl mass (1) Calculate the hourly
block average HCl emissions rates at the HCl percentage
percentage reduction. inlet and outlet of the reduction using
control device for each Equation 2 of Sec.
test run. 63.9800(g)(2); and
(2) Calculate the 3-hour
block average HCl
percentage reduction as
the average of HCl
percentage reductions
for each test run.
[[Page 18771]]
17. Each new batch process kiln a. Measure emissions of i. Method 26A of 40 CFR (1) Conduct the test
that is used to process clay HF and HCl at the inlet part 60, appendix A; or while the kiln is
refractory products. and outlet of the ii. Method 26 of 40 CFR operating at the
control device. part 60, appendix A; or. maximum production
iii. Method 320 of 40 level; and
CFR part 63, appendix A. (2) You may use Method
26 of 40 CFR part 60,
appendix A, only if no
acid PM (e.g., HF or
HCl dissolved in water
droplets emitted by
sources controlled by a
wet scrubber) is
present; and
(3) If you use Method
320 of 40 CFR part 63,
you must follow the
analyte spiking
procedures of Section
13 of Method 320 unless
you can demonstrate
that the complete
spiking procedure has
been conducted at a
similar source; and
(4) Repeat the
performance test if the
affected source is
controlled with a DLA
and you change the
source of the limestone
used in the DLA.
b. Perform a minimum of 2 i. The appropriate test (1) Each test run must
test runs. methods specified in be conducted over a
items 1 and 17.a. of separate batch cycle
this table. unless you satisfy the
requirements of Sec.
63.9800(f)(3) and (4);
and
(2) Each test run must
consist of a series of
1-hour runs at the
inlet and outlet of the
control device,
beginning with the
start of a batch cycle,
except as specified in
item 17.b.i.4. of this
table; and
(3) Each test run must
continue until the end
of the batch cycle,
except as specified in
item 17.b.i.4. of this
table; and
(4) If you develop an
emissions profile, as
described in Sec.
63.9802(b), you can
limit each test run to
the 3-hour peak HF
emissions period.
c. Determine the hourly i. The appropriate test Determine the hourly
HF and HCl mass methods specified in mass HF and HCl
emissions rates at the items 1 and 17.a. of emissions rates at the
inlet and outlet of the this table. inlet and outlet of the
control device. control device for each
hour of each test run.
d. Determine the 3-hour The hourly HF mass Select the period of 3
peak HF emissions period. emissions rates at the consecutive hours over
inlet of the control which the sum of the
device. hourly HF mass
emissions rates at the
control device inlet is
greater than the sum of
the hourly HF mass
emissions rates at the
control device inlet
for any other period of
3 consecutive hours
during the test run.
e. Determine the 2-run i. The hourly average HF (1) Calculate the HF
block average HF emissions rates at the percentage reduction
percentage reduction for inlet and outlet of the for each hour of the 3-
the emissions test. control device. hour peak HF emissions
period using Equation 2
of Sec.
63.9800(g)(2); and
(2) Calculate the
average HF percentage
reduction for each test
run as the average of
the hourly HF
percentage reductions
for the 3-hour peak HF
emissions period for
that run; and
(3) Calculate the 2-run
block average HF
percentage reduction
for the emission test
as the average of the
average HF percentage
reductions for the two
test runs.
[[Page 18772]]
f. Determine the 2-run i. The hourly average (1) Calculate the HCl
block average HCl HCl emissions rates at percentage reduction
percentage reduction for the inlet and outlet of for each hour of the 3-
the emission test. the control device. hour peak HF emissions
period using Equation 2
Sec. 63.9800(g)(2);
and
(2) Calculate the
average HCl percentage
reduction for each test
run as the average of
the hourly HCl
percentage reductions
for the 3-hour peak HF
emissions period for
that run; and
(3) Calculate the 2-run
block average HCl
percentage reduction
for the emission test
as the average of the
average HCl percentage
reductions for the two
test runs.
18. Each new kiln that is used to a. Establish the Data from the pressure (1) At least every 15
process clay refractory products operating limit for the drop measurement device minutes, measure the
and is equipped with a DLA. minimum pressure drop during the performance pressure drop across
across the DLA. test. the DLA; and
(2) Provide at least one
pressure drop
measurement during at
least three 15-minute
periods per hour of
testing; and
(3) Calculate the hourly
average pressure drop
across the DLA for each
hour of the performance
test; and
(4) Calculate and record
the minimum pressure
drop as the average of
the hourly average
pressure drops across
the DLA for the two or
three test runs,
whichever applies.
b. Establish the Data from the limestone (1) Ensure that
operating limit for the feeder during the limestone in the feed
limestone feeder setting. performance test. hopper, silo, and DLA
is free-flowing at all
times during the
performance test; and
(2) Establish the
limestone feeder
setting 1 week prior to
the performance test;
and
(3) Record and maintain
the feeder setting for
the 1-week period that
precedes the
performance test and
during the performance
test.
19. Each new kiln that is used to a. Document conformance Data from the Submit analyses and
process clay refractory products with specifications and installation and supporting
and is equipped with a DIFF or requirements of the bag calibration of the bag documentation
DLS/FF. leak detection system. leak detection system. demonstrating
conformance with EPA
guidance and
specifications for bag
leak detection systems
as part of the
Notification of
Compliance Status.
b. Establish the i. Data from the lime (1) For continuous lime
operating limit for the feeder during the injection systems,
lime feeder setting. performance test. ensure that lime in the
feed hopper or silo is
free-flowing at all
times during the
performance test; and
(2) Record the feeder
setting for the three
test runs; and
(3) If the feed rate
setting varies during
the three test runs,
calculate and record
the average feed rate
for the two or three
test runs, whichever
applies.
20. Each new kiln that is used to a. Establish the i. Data from the (1) At least every 15
process clay refractory products operating limit for the pressure drop minutes, measure the
and is equipped with a wet minimum scrubber measurement device pressure drop across
scrubber. pressure drop. during the performance the scrubber; and
test. (2) Provide at least one
pressure drop
measurement during at
least three 15-minute
periods per hour of
testing; and
[[Page 18773]]
(3) Calculate the hourly
average pressure drop
across the scrubber for
each hour of the
performance test; and
(4) Calculate and record
the minimum pressure
drop as the average of
the hourly average
pressure drops across
the scrubber for the
two or three test runs,
whichever applies.
b. Establish the i. Data from the pH (1) At least every 15
operating limit for the measurement device minutes, measure
minimum scrubber liquid during the performance scrubber liquid pH; and
pH. test.
(2) Provide at least one
pH measurement during
at least three 15-
minute periods per hour
of testing; and
(3) Calculate the hourly
average pH values for
each hour of the
performance test; and
(4) Calculate and record
the minimum liquid pH
as the average of the
hourly average pH
measurements for the
two or three test runs,
whichever applies.
c. Establish the i. Data from the flow (1) At least every 15
operating limit for the rate measurement device minutes, measure the
minimum scrubber liquid during the performance scrubber liquid flow
flow rate. test. rate; and
(2) Provide at least one
flow rate measurement
during at least three
15-minute periods per
hour of testing; and
(3) Calculate the hourly
average liquid flow
rate for each hour of
the performance test;
and
(4) Calculate and record
the minimum liquid flow
rate as the average of
the hourly average
liquid flow rates for
the two or three test
runs, whichever
applies.
d. If chemicals are added i. Data from the (1) At least every 15
to the scrubber liquid, chemical feed rate minutes, measure the
establish the operating measurement device scrubber chemical feed
limit for the minimum during the performance rate; and
scrubber chemical feed test. (2) Provide at least one
rate. chemical feed rate
measurement during at
least three 15-minute
periods per hour of
testing; and
(3) Calculate the hourly
average chemical feed
rate for each hour of
the performance test;
and
(4) Calculate and record
the minimum chemical
feed rate as the
average of the hourly
average chemical feed
rates for the two or
three test runs,
whichever applies.
----------------------------------------------------------------------------------------------------------------
As stated in Sec. 63.9806, you must show initial compliance with
the emission limits for affected sources according to the following
table:
Table 5 to Subpart SSSSS of Part 63.--Initial Compliance with Emission
Limits
------------------------------------------------------------------------
You have
For . . . For the following demonstrated
emission limit . . . compliance if . . .
------------------------------------------------------------------------
1. Each affected source a. Each applicable i. Emissions
listed in Table 1 to this emission limit measured using the
subpart. listed in Table 1 test methods
to this subpart. specified in Table
4 to this subpart
satisfy the
applicable emission
limits specified in
Table 1 to this
subpart; and
ii. You establish
and have a record
of the operating
limits listed in
Table 2 to this
subpart over the
performance test
period; and
iii. You report the
results of the
performance test in
the Notification of
Compliance Status,
as specified by
Sec.
63.9812(e)(1) and
(2).
[[Page 18774]]
2. Each new or existing As specified in You have satisfied
curing oven, shape dryer, items 3 through 8 the applicable
and kiln that is used to of this table. requirements
process refractory products specified in items
that use organic HAP; each 3 through 8 of this
new or existing coking oven table.
and defumer that is used to
produce pitch-impregnated
refractory products; each
new shape preheater that is
used to produce pitch-
impregnated refractory
products; AND each new or
existing process unit that
is exhausted to a thermal
or catalytic oxidizer that
also controls emissions
from an affected shape
preheater or pitch working
tank.
3. Each affected continuous The average THC The 3-hour block
process unit that is concentration must average THC
subject to the THC emission not exceed 20 emission
concentration limit listed ppmvd, corrected to concentration
in item 2.a., 3.a., 4, or 5 18 percent oxygen. measured during the
of Table 1 to this subpart. performance test
using Methods 25A
and 3A is equal to
or less than 20
ppmvd, corrected to
18 percent oxygen.
4. Each affected continuous The average THC The 3-hour block
process unit that is percentage average THC
subject to the THC reduction must percentage
percentage reduction limit equal or exceed 95 reduction measured
listed in item 2.b. or 3.b. percent. during the
of Table 1 to this subpart. performance test
using Method 25A is
equal to or greater
than 95 percent.
5. Each affected batch The average THC The 2-run block
process unit that is concentration must average THC
subject to the THC emission not exceed 20 emission
concentration limit listed ppmvd, corrected to concentration for
in item 6.a., 7.a., 8, or 9 18 percent oxygen. the 3-hour peak
of Table 1 to this subpart. emissions period
measured during the
performance test
using Methods 25A
and 3A is equal to
or less than 20
ppmvd, corrected to
18 percent oxygen.
6. Each affected batch The average THC The 2-run block
process unit that is percentage average THC
subject to the THC reduction must percentage
percentage reduction limit equal or exceed 95 reduction for the 3-
listed in item 6.b. or 7.b. percent. hour peak emissions
of Table 1 to this subpart. period measured
during the
performance test
using Method 25A is
equal to or exceeds
95 percent.
7. Each affected continuous a. The average THC i. You have
or batch process unit that concentration must installed a THC
is equipped with a control not exceed 20 CEMS at the outlet
device other than a thermal ppmvd, corrected to of the control
or catalytic oxidizer and 18 percent oxygen; device or in the
is subject to the emission or stack of the
limit listed in item 3 or 7 affected source;
of Table 1 to this subpart. and
b. The average THC ii. You have
percentage satisfied the
reduction must requirements of PS-
equal or exceed 95 8 of 40 CFR part
percent. 60, appendix B.
8. Each affected continuous The average THC i. You have
or batch process unit that concentration must installed a THC
uses process changes to not exceed 20 CEMS at the outlet
reduce organic HAP ppmvd, corrected to of the control
emissions and is subject to 18 percent oxygen. device or in the
the emission limit listed stack of the
in item 4 or 8 of Table 1 affected source;
to this subpart. and
ii. You have
satisfied the
requirements of PS-
8 of 40 CFR part
60, appendix B.
9. Each new continuous kiln a. The average HF i. The 3-hour block
that is used to process emissions must not average production-
clay refractory products. exceed 0.019 kg/Mg based HF emissions
(0.038 lb/ton) of rate measured
uncalcined clay during the
processed; OR the performance test
average using one of the
uncontrolled HF methods specified
emissions must be in item 14.a.i. of
reduced by at least Table 4 to this
90 percent. subpart is equal to
or less than 0.019
kg/Mg (0.038 lb/
ton) of uncalcined
clay processed; or
ii. The 3-hour block
average HF
emissions reduction
measured during the
performance test is
equal to or greater
than 90 percent.
b. The average HCl i. The 3-hour block
emissions must not average production-
exceed 0.091 kg/Mg based HCl emissions
(0.18 lb/ton) of rate measured
uncalcined clay during the
processed; OR the performance test
average using one of the
uncontrolled HCl methods specified
emissions must be in item 14.a.i. of
reduced by at least Table 4 to this
30 percent. subpart is equal to
or less than 0.091
kg/Mg (0.18 lb/ton)
of uncalcined clay
processed; or
ii. The 3-hour block
average HCl
emissions reduction
measured during the
performance test is
equal to or greater
than 30 percent.
10. Each new batch process a. The average The 2-run block
kiln that is used to uncontrolled HF average HF emission
process clay refractory emissions must be reduction measured
products. reduced by at least during the
90 percent. performance test is
equal to or greater
than 90 percent.
b. The average The 2-run block
uncontrolled HCl average HCl
emissions must be emissions reduction
reduced by at least measured during the
30 percent. performance test is
equal to or greater
than 30 percent.
------------------------------------------------------------------------
[[Page 18775]]
As stated in Sec. 63.9806, you must show initial compliance with
the work practice standards for affected sources according to the
following table:
Table 6 to Subpart SSSSS of Part 63.--Initial Compliance with Work
Practice Standards
------------------------------------------------------------------------
You have
For each . . . For the following demonstrated initial
standard . . . compliance if . . .
------------------------------------------------------------------------
1. Each affected source a. Each applicable i. You have selected
listed in Table 3 to this work practice a method for
subpart. standard listed in performing each of
Table 3 to this the applicable work
subpart. practice standards
listed in Table 3
to this subpart;
and
ii. You have
included in your
Initial
Notification a
description of the
method selected for
complying with each
applicable work
practice standard,
as required by Sec.
63.9(b); and
iii. You submit a
signed statement
with the
Notification of
Compliance Status
that you have
implemented the
applicable work
practice standard
listed in Table 3
to this subpart;
and
iv. You have
described in your
OM&M plan the
method for
complying with each
applicable work
practice standard
specified in Table
3 to this subpart.
2. Each basket or container a. Control POM i. You have
that is used for holding emissions from any implemented at
fired refractory shapes in affected shape least one of the
an existing shape preheater preheater. work practice
and autoclave during the standards listed in
pitch impregnation process. item 1 of Table 3
to this subpart;
and
ii. You have
established a
system for
recording the date
and cleaning method
for each time you
clean an affected
basket or
container.
3. Each affected new or Control POM You have captured
existing pitch working tank. emissions. and vented
emissions from the
affected pitch
working tank to the
device that is used
to control
emissions from an
affected defumer or
coking oven, or to
a thermal or
catalytic oxidizer
that is comparable
to the control
device used on an
affected defumer or
coking oven.
4. Each new or existing Minimize fuel-based You use natural gas,
chromium refractory HAP emissions. or equivalent, as
products kiln. the kiln fuel.
5. Each existing clay Minimize fuel-based You use natural gas,
refractory products kiln. HAP emissions. or equivalent, as
the kiln fuel.
------------------------------------------------------------------------
As stated in Sec. 63.9810, you must show continuous compliance
with the emission limits for affected sources according to the
following table:
Table 7 to Subpart SSSSS to Part 63.--Continuous Compliance with
Emission Limits
------------------------------------------------------------------------
You must demonstrate
For the following continuous
For . . . emission limit . . . compliance by . . .
------------------------------------------------------------------------
1. Each affected source a. Each applicable i. Collecting and
listed in Table 1 to this emission limit recording the
subpart. listed in Table 1 monitoring and
to this subpart. process data listed
in Table 2
(operating limits)
to this subpart;
and
ii. Reducing the
monitoring and
process data
associated with the
operating limits
specified in Table
2 to this subpart;
and
iii. Recording the
results of any
control device
inspections; and
iv. Reporting, in
accordance with
Sec. 63.9814(e),
any deviation from
the applicable
operating limits
specified in Table
2 to this subpart.
2. Each new or existing As specified in Satisfying the
curing oven, shape dryer, items 3 though 7 of applicable
and kiln that is used to this table. requirements
process refractory products specified in items
that use organic HAP; each 3 through 7 of this
new or existing coking oven table.
and defumer that is used to
produce pitch-impregnated
refractory products; each
new shape preheater that is
used to produce pitch-
impregnated refractory
products; AND each new or
existing process unit that
is exhausted to a thermal
or catalytic oxidizer that
also controls emissions
from an affected shape
preheater or pitch working
tank.
[[Page 18776]]
3. Each affected process a. The average THC i. Collecting the
unit that is equipped with concentration must applicable data
a thermal or catalytic not exceed 20 measured by the
oxidizer. ppmvd, corrected to control device
18 percent oxygen; temperature
OR the average THC monitoring system,
percentage as specified in
reduction must items 5, 6, 8, and
equal or exceed 95 9 of Table 8 to
percent. this subpart; and
ii. Reducing the
applicable data
measured by the
control device
temperature
monitoring system,
as specified in
items 5, 6, 8, and
9 of Table 8 to
this subpart; and
iii. Maintaining the
average control
device operating
temperature for the
applicable
averaging period
specified in items
5, 6, 8, and 9 of
Table 2 to this
subpart at or above
the minimum
allowable operating
temperature
established during
the most recent
performance test.
4. Each affected process The average THC Operating and
unit that is equipped with concentration must maintaining a THC
a control device other than not exceed 20 CEMS at the outlet
a thermal or catalytic ppmvd, corrected to of the control
oxidizer. 18 percent oxygen; device or in the
OR the average THC stack of the
performance affected source,
reduction must according to the
equal or exceed 95 requirements of
percent. Procedure 1 of 40
CFR part 60,
appendix F.
5. Each affected process The average THC Operating and
unit that uses process concentration must maintaining a THC
changes to meet the not exceed 20 CEMS at the outlet
applicable emission limit. ppmvd, corrected to of the control
18 percent oxygen. device or in the
stack of the
affected source,
according to the
requirements of
Procedure 1 of 40
CFR part 60,
appendix F.
6. Each affected continuous The average THC Recording the
process unit. concentration must organic HAP
not exceed 20 processing rate
ppmvd, corrected to (pounds per hour)
18 percent oxygen; and the operating
OR the average THC temperature of the
percentage affected source, as
reduction must specified in items
equal or exceed 95 3.b. and 3.c. of
percent. Table 4 to this
subpart.
7. Each affected batch The average THC Recording the
process unit. concentration must organic HAP
not exceed 20 processing rate
ppmvd, corrected to (pounds per batch);
18 percent oxygen; and process cycle
OR the average THC time for each batch
percentage cycle; and hourly
reduction must average operating
equal or exceed 95 temperature of the
percent. affected source, as
specified in items
8.b. through 8.d.
of Table 4 to this
subpart.
8. Each kiln that is used to As specified in Satisfying the
process clay refractory items 9 through 11 applicable
products. of this table. requirements
specified in items
9 through 11 of
this table.
9. Each affected kiln that a. The average HF i. Maintaining the
is equipped with a DLA. emissions must not pressure drop
exceed 0.019 kg/Mg across the DLA at
(0.038 lb/ton) of or above the
uncalcined clay minimum levels
processed, OR the established during
average the most recent
uncontrolled HF performance test;
emissions must be and
reduced by at least ii. Verifying that
90 percent; and the limestone
b. The average HCl hopper contains an
emissions must not adequate amount of
exceed 0.091 kg/Mg free-flowing
(0.18 lb/ton) of limestone by
uncalcined clay performing a daily
processed, or the visual check of the
average limestone in the
uncontrolled HCl feed hopper; and
emissions must be iii. Recording the
reduced by at least limestone feeder
30 percent. setting daily to
verify that the
feeder setting is
at or above the
level established
during the most
recent performance
test; and
iv. Using the same
grade of limestone
as was used during
the most recent
performance test
and maintaining
records of the
source and grade of
limestone.
10. Each affected kiln that a. The average HF i. Verifying at
is equipped with a DIFF or emissions must not least once each 8-
DLS/FF. exceed 0.019 kg/Mg hour shift that
(0.038 lb/ton) of lime is free-
uncalcined clay flowing by means of
processed; OR the a visual check,
average checking the output
uncontrolled HF of a load cell,
emissions must be carrier gas/lime
reduced by at least flow indicator, or
90 percent; and carrier gas
pressure drop
measurement system;
and
b. The average HCl ii. Recording feeder
emissions must not setting daily to
exceed 0.091 kg/Mg verify that the
(0.18 lb/ton) of feeder setting is
uncalcined clay at or above the
processed; OR the level established
average during the most
uncontrolled HCl recent performance
emissions must be test; and
reduced by at least
30 percent.
[[Page 18777]]
iii. Initiating
corrective action
within 1 hour of a
bag leak detection
system alarm AND
completing
corrective actions
in accordance with
the OM&M plan, AND
operating and
maintaining the
fabric filter such
that the alarm does
not engage for more
than 5 percent of
the total operating
time in a 6-month
block reporting
period.
11. Each affected kiln that a. The average HF i. Maintaining the
is equipped with a wet emissions must not pressure drop
scrubber. exceed 0.019 kg/Mg across the
(0.038 lb/ton) of scrubber, liquid
uncalcined clay pH, and liquid flow
processed; OR the rate at or above
average the minimum levels
uncontrolled HF established during
emissions must be the most recent
reduced by at least performance test;
90 percent; and and
b. The average HCl ii. If chemicals are
emissions must not added to the
exceed 0.091 kg/Mg scrubber liquid,
(0.18 lb/ton) of maintaining the
uncalcined clay average chemical
processed; OR the feed rate at or
average above the minimum
uncontrolled HCl chemical feed rate
emissions must be established during
reduced by at least the most recent
30 percent. performance test.
------------------------------------------------------------------------
As stated in Sec. 63.9810, you must show continuous compliance
with the operating limits for affected sources according to the
following table:
Table 8 to Subpart SSSSS of Part 63.--Continuous Compliance with
Operating Limits
------------------------------------------------------------------------
You must demonstrate
For the following continuous
For . . . operating limit . . compliance by . . .
.
------------------------------------------------------------------------
1. Each affected source a. Each applicable i. Maintaining all
listed in Table 2 to this operating limit applicable process
subpart. listed in Table 2 and control device
to this subpart. operating
parameters within
the limits
established during
the most recent
performance test;
and
ii. Conducting
annually an
inspection of all
duct work, vents,
and capture devices
to verify that no
leaks exist and
that the capture
device is operating
such that all
emissions are
properly vented to
the control device
in accordance with
the OM&M plan.
2. Each affected continuous a. The operating i. Operating the
kiln that is equipped with limits specified in control device on
a control device. items 2.a. through the affected kiln
2.c. of Table 2 to during all times
this subpart. except during
periods of approved
scheduled
maintenance, as
specified in Sec.
63.9792(e); and
ii. Minimizing HAP
emissions from the
affected kiln
during all periods
of scheduled
maintenance of the
kiln control device
when the kiln is
operating and the
control device is
out of service; and
iii. Minimizing the
duration of all
periods of
scheduled
maintenance of the
kiln control device
when the kiln is
operating and the
control device is
out of service.
3. Each new or existing As specified in Satisfying the
curing oven, shape dryer, items 4 through 9 applicable
and kiln that is used to of this table. requirements
process refractory products specified in items
that use organic HAP; each 4 through 9 of this
new or existing coking oven table.
and defumer that is used to
produce pitch-impregnated
refractory products; each
new shape preheater that is
used to produce pitch-
impregnated refractory
products; AND each new or
existing process unit that
is exhausted to a thermal
or catalytic oxidizer that
also controls emissions
from an affected shape
preheater or pitch working
tank.
[[Page 18778]]
4. Each affected continuous Maintain process i. Recording the
process unit. operating organic HAP
parameters within processing rate
the limits (pounds per hour);
established during and
the most recent ii. Recording the
performance test. operating
temperature of the
affected source at
least hourly; and
iii. Maintaining the
3-hour block
average organic HAP
processing rate at
or below the
maximum organic HAP
processing rate
established during
the most recent
performance test.
5. Continuous process units Maintain the 3-hour i. Measuring and
that are equipped with a block average recording the
thermal oxidizer. operating thermal oxidizer
temperature in the combustion chamber
thermal oxidizer temperature at
combustion chamber least every 15
at or above the minutes; and
minimum allowable ii. Calculating the
operating hourly average
temperature thermal oxidizer
established during combustion chamber
the most recent temperature; and
performance test. iii. Maintaining the
3-hour block
average thermal
oxidizer combustion
chamber temperature
at or above the
minimum allowable
operating
temperature
established during
the most recent
performance test;
and
iv. Reporting, in
accordance with
Sec. 63.9814(e),
any 3-hour block
average operating
temperature
measurements below
the minimum
allowable thermal
oxidizer combustion
chamber operating
temperature
established during
the most recent
performance test.
6. Continuous process units a. Maintain the 3- i. Measuring and
that are equipped with a hour block average recording the
catalytic oxidizer. temperature at the temperature at the
inlet of the inlet of the
catalyst bed at or catalyst bed at
above the minimum least every 15
allowable catalyst minutes; and
bed inlet ii. Calculating the
temperature hourly average
established during temperature at the
the most recent inlet of the
performance test. catalyst bed; and
iii. Maintaining the
3-hour block
average temperature
at the inlet of the
catalyst bed at or
above the minimum
allowable catalyst
bed inlet
temperature
established during
the most recent
performance test;
and
iv. Reporting, in
accordance with
Sec. 63.9814(e),
any 3-hour block
average catalyst
bed inlet
temperature
measurements below
the minimum
allowable catalyst
bed inlet
temperature
established during
the most recent
performance; and
v. Checking the
activity level of
the catalyst at
least every 12
months and taking
any necessary
corrective action,
such as replacing
the catalyst, to
ensure that the
catalyst is
performing as
designed.
7. Each affected batch Maintain process i. Recording the
process unit. operating organic HAP
parameters within processing rate
the limits (pounds per batch);
established during and
the most recent ii. Recording the
performance test. hourly average
operating
temperature of the
affected source;
and
iii. Recording the
process cycle time
for each batch
cycle; and
iv. Maintaining the
organic HAP
processing rate at
or below the
maximum organic HAP
processing rate
established during
the most recent
performance test.
[[Page 18779]]
8. Batch process units that Maintain the hourly i. Measuring and
are equipped with a thermal average temperature recording the
oxidizer. in the thermal thermal oxidizer
oxidizer combustion combustion chamber
chamber at or above temperature at
the hourly average least every 15
temperature minutes; and
established for the ii. Calculating the
corresponding 1- hourly average
hour period of the thermal oxidizer
cycle during the combustion chamber
most recent temperature; and
performance test. iii. From the start
of each batch cycle
until 3 hours have
passed since the
process unit
reached maximum
temperature,
maintaining the
hourly average
operating
temperature in the
thermal oxidizer
combustion chamber
at or above the
minimum allowable
operating
temperature
established for the
corresponding
period during the
most recent
performance test,
as determined
according to item
11 of Table 4 to
this subpart; and
iv. For each
subsequent hour of
the batch cycle,
maintaining the
hourly average
operating
temperature in the
thermal oxidizer
combustion chamber
at or above the
minimum allowable
operating
temperature
established for the
corresponding hour
during the most
recent performance
test, as specified
in item 13 of Table
4 to this subpart;
and
v. Reporting, in
accordance with
Sec. 63.9814(e),
any temperature
measurements below
the minimum
allowable thermal
oxidizer combustion
chamber temperature
measured during the
most recent
performance test.
9. Batch process units that Maintain the hourly i. Measuring and
are equipped with a average temperature recording
catalytic oxidizer. at the inlet of the temperatures at the
catalyst bed at or inlet of the
above the catalyst bed at
corresponding least every 15
hourly average minutes; and
temperature ii. Calculating the
established for the hourly average
corresponding 1- temperature at the
hour period of the inlet of the
cycle during the catalyst bed; and
most recent iii. From the start
performance test. of each batch cycle
until 3 hours have
passed since the
process unit
reached maximum
temperature,
maintaining the
hourly average
operating
temperature at the
inlet of the
catalyst bed at or
above the minimum
allowable bed inlet
temperature
established for the
corresponding
period during the
most recent
performance test,
as determined
according to item
12 of Table 4 to
this subpart; and
iv. For each
subsequent hour of
the batch cycle,
maintaining the
hourly average
operating
temperature at the
inlet of the
catalyst bed at or
above the minimum
allowable bed inlet
temperature
established for the
corresponding hour
during the most
recent performance
test, as specified
in item 13 of Table
4 to this subpart;
and
v. Reporting, in
accordance with
Sec. 63.9814(e),
any catalyst bed
inlet temperature
measurements below
the minimum
allowable bed inlet
temperature
measured during the
most recent
performance test;
and
vi. Checking the
activity level of
the catalyst at
least every 12
months and taking
any necessary
corrective action,
such as replacing
the catalyst, to
ensure that the
catalyst is
performing as
designed.
10. Each new kiln that is As specified in Satisfying the
used to process clay items 11 through 13 applicable
refractory products. of this table. requirements
specified in items
11 through 13 of
this table.
11. Each new kiln that is a. Maintain the i. Collecting the
equipped a DLA. average pressure DLA pressure drop
drop across the DLA data, as specified
for each 3-hour in item 18.a. of
block period at or Table 4 to this
above the minimum subpart; and
pressure drop ii. Reducing the DLA
established during pressure drop data
the most recent to 1-hour and 3-
performance test. hour block
averages; and
[[Page 18780]]
iii. Maintaining the
3-hour block
average pressure
drop across the DLA
at or above the
minimum pressure
drop established
during the most
recent performance
test.
b. Maintain free- Verifying that the
flowing limestone limestone hopper
in the feed hopper, has an adequate
silo, and DLA. amount of free-
flowing limestone
by performing a
daily visual check
of the limestone
hopper.
c. Maintain the Recording the
limestone feeder limestone feeder
setting at or above setting at least
the level daily to verify
established during that the feeder
the most recent setting is being
performance test. maintained at or
above the level
established during
the most recent
performance test.
d. Use the same Using the same grade
grade of limestone of limestone as was
from the same used during the
source as was used most recent
during the most performance test
recent performance and maintaining
test. records of the
source and grade of
limestone.
12. Each new kiln that is a. Initiate i. Initiating
equipped with a DIFF or DLS/ corrective action corrective action
FF. within 1 hour of a within 1 hour of a
bag leak detection bag leak detection
system alarm and system alarm and
complete corrective completing
actions in corrective actions
accordance with the in accordance with
OM&M plan; AND the OM&M plan; and
operate and ii. Operating and
maintain the fabric maintaining the
filter such that fabric filter such
the alarm does not that the alarm does
engage for more not engage for more
than 5 percent of than 5 percent of
the total operating the total operating
time in a 6-month time in a 6-month
block reporting block reporting
period. period; in
calculating this
operating time
fraction, if
inspection of the
fabric filter
demonstrates that
no corrective
action is required,
no alarm time is
counted; if
corrective action
is required, each
alarm shall be
counted as a
minimum of 1 hour;
if you take longer
than 1 hour to
initiate corrective
action, the alarm
time shall be
counted as the
actual amount of
time taken by you
to initiate
corrective action.
b. Maintain free- i. Verifying at
flowing lime in the least once each 8-
feed hopper or silo hour shift that
at all times for lime is free-
continuous flowing via a load
injection systems; cell, carrier gas/
AND maintain feeder lime flow
setting at or above indicator, carrier
the level gas pressure drop
established during measurement system,
the most recent or other system;
performance test recording all
for continuous monitor or sensor
injection systems. output, and if lime
is found not to be
free flowing,
promptly initiating
and completing
corrective actions;
and
ii. Recording the
feeder setting once
each day of
operation to verify
that the feeder
setting is being
maintained at or
above the level
established during
the most recent
performance test.
13. Each new kiln that is a. Maintain the i. Collecting the
used to process clay average pressure scrubber pressure
refractory products and is drop across the drop data, as
equipped with a wet scrubber for each 3- specified in item
scrubber. hour block period 20.a. of Table 4 to
at or above the this subpart; and
minimum pressure ii. Reducing the
drop established scrubber pressure
during the most drop data to 1-hour
recent performance and 3-hour block
test. averages; and
iii. Maintaining the
3-hour block
average scrubber
pressure drop at or
above the minimum
pressure drop
established during
the most recent
performance test.
b. Maintain the i. Collecting the
average scrubber scrubber liquid pH
liquid pH for each data, as specified
3-hour block period in item 20.b. of
at or above the Table 4 to this
minimum scrubber subpart; and
liquid pH ii. Reducing the
established during scrubber liquid pH
the most recent data to 1-hour and
performance test. 3-hour block
averages; and
iii. Maintaining the
3-hour block
average scrubber
liquid pH at or
above the minimum
scrubber liquid pH
established during
the most recent
performance test.
[[Page 18781]]
c. Maintain the i. Collecting the
average scrubber scrubber liquid
liquid flow rate flow rate data, as
for each 3-hour specified in item
block period at or 20.c. of Table 4 to
above the minimum this subpart; and
scrubber liquid ii. Reducing the
flow rate scrubber liquid
established during flow rate data to 1-
the most recent hour and 3-hour
performance test. block averages; and
iii. Maintaining the
3-hour block
average scrubber
liquid flow rate at
or above the
minimum scrubber
liquid flow rate
established during
the most recent
performance test.
d. If chemicals are i. Collecting the
added to the scrubber chemical
scrubber liquid, feed rate data, as
maintain the specified in item
average scrubber 20.d. of Table 4 to
chemical feed rate this subpart; and
for each 3-hour ii. Reducing the
block period at or scrubber chemical
above the minimum feed rate data to 1-
scrubber chemical hour and 3-hour
feed rate block averages; and
established during
the most recent
performance test.
iii. Maintaining the
3-hour block
average scrubber
chemical feed rate
at or above the
minimum scrubber
chemical feed rate
established during
the most recent
performance test.
------------------------------------------------------------------------
As stated in Sec. 63.9810, you must show continuous compliance
with the work practice standards for affected sources according to the
following table:
Table 9 to Subpart SSSSS of Part 63.--Continuous Compliance with Work
Practice Standards
------------------------------------------------------------------------
You must demonstrate
For the following continuous
For . . . work practice compliance by . . .
standard . . .
------------------------------------------------------------------------
1. Each affected source Each applicable work i. Performing each
listed in Table 3 to this practice applicable work
subpart. requirement listed practice standard
in Table 3 to this listed in Table 3
subpart. to this subpart;
and
ii. Maintaining
records that
document the method
and frequency for
complying with each
applicable work
practice standard
listed in Table 3
to this subpart, as
required by Sec.
Sec. 63.10(b) and
63.9816(c)(2).
2. Each basket or container Control POM i. Controlling
that is used for holding emissions from any emissions from the
fired refractory shapes in affected shape volatilization of
an existing shape preheater preheater. residual pitch by
and autoclave during the implementing one of
pitch impregnation process. the work practice
standards listed in
item 1 of Table 3
to this subpart;
and
ii. Recording the
date and cleaning
method each time
you clean an
affected basket or
container.
3. Each new or existing Control POM Capturing and
pitch working tank. emissions. venting emissions
from the affected
pitch working tank
to the control
device that is used
to control
emissions from an
affected defumer or
coking oven, or to
a thermal or
catalytic oxidizer
that is comparable
to the control
device used on an
affected defumer or
coking oven.
4. Each new or existing Minimize fuel-based i. Using natural
chromium refractory HAP emissions. gas, or equivalent,
products kiln. as the kiln fuel at
all times except
during periods of
natural gas
curtailment or
supply
interruption; and
ii. If you intend to
use an alternative
fuel, submitting a
notification of
alternative fuel
use within 48 hours
of the declaration
of a per[chyph]-iod
of natural gas
curtailment or
supply
interruption, as
defined in Sec.
63.9824; and
iii. Submitting a
report of
alternative fuel
use within 10
working days after
terminating the use
of the alternative
fuel, as specified
in Sec.
63.9814(g).
5. Each existing clay Minimize fuel-based i. Using natural
refractory products kiln. HAP emissions. gas, or equivalent,
as the kiln fuel at
all times except
during periods of
natural gas
curtailment or
supply
interruption; and
[[Page 18782]]
ii. If you intend to
use an alternative
fuel, submitting a
notification of
alternative fuel
use within 48 hours
of the declaration
of a per-iod of
natural gas
curtailment or
supply
interruption, as
defined in Sec.
63.9824; and
iii. Submitting a
report of
alternative fuel
use within 10
working days after
terminating the use
of the alternative
fuel, as specified
in Sec.
63.9814(g).
------------------------------------------------------------------------
As stated in Sec. 63.9814, you must comply with the requirements
for reports in the following table:
Table 10 to Subpart SSSSS of Part 63.--Requirements for Reports
------------------------------------------------------------------------
The report must You must submit the
You must submit a(n) . . . contain . . . report . . .
------------------------------------------------------------------------
1. Compliance report........ The information in Semiannually
Sec. 63.9814(c) according to the
through (f). requirements in
Sec. 63.9814(a)
through (f).
2. Immediate startup, a. Actions taken for By fax or telephone
shutdown, and malfunction the event. within 2 working
report if you had a days after starting
startup, shutdown, or actions
malfunction during the inconsistent with
reporting period that is the plan.
not consistent with your
SSMP.
b. The information By letter within 7
in Sec. working days after
63.10(d)(5)(ii). the end of the
event unless you
have made
alternative
arrangements with
the permitting
authority.
3. Report of alternative The information in If you are subject
fuel use. Sec. 63.9814(g) to the work
and items 4 and 5 practice standard
of Table 9 to this specified in item 3
subpart. or 4 of Table 3 to
this subpart, and
you use an
alternative fuel in
the affected kiln,
by letter within 10
working days after
terminating the use
of the alternative
fuel.
------------------------------------------------------------------------
As stated in Sec. 63.9820, you must comply with the applicable
General Provisions requirements according to the following table:
Table 11 to Subpart SSSSS of Part 63.--Applicability of General Provisions to Subpart SSSSS
----------------------------------------------------------------------------------------------------------------
Applies to subpart
Citation Subject Brief description SSSSS
----------------------------------------------------------------------------------------------------------------
Sec. 63.1....................... Applicability............. .......................... Yes.
Sec. 63.2....................... Definitions............... .......................... Yes.
Sec. 63.3....................... Units and Abbreviations... .......................... Yes.
Sec. 63.4....................... Prohibited Activities..... Compliance date; Yes.
circumvention,
severability.
Sec. 63.5....................... Construction/ Applicability; Yes.
Reconstruction. applications; approvals.
Sec. 63.6(a).................... Applicability............. General Provisions (GP) Yes.
apply unless compliance
extension; GP apply to
area sources that become
major.
Sec. 63.6(b)(1)-(4)............. Compliance Dates for New Standards apply at Yes.
and Reconstructed Sources. effective date; 3 years
after effective date;
upon startup; 10 years
after construction or
reconstruction commences
for section 112(f).
Sec. 63.6(b)(5)................. Notification.............. .......................... Yes.
Sec. 63.6(b)(6)................. [Reserved] ....................
Sec. 63.6(b)(7)................. Compliance Dates for New Area sources that become Yes.
and Reconstructed Area major must comply with
Sources That Become Major. major source standards
immediately upon becoming
major, regardless of
whether required to
comply when they were
area sources.
Sec. 63.6(c)(1)-(2)............. Compliance Dates for Comply according to date Yes.
Existing Sources. in subpart, which must be
no later than 3 years
after effective date; for
section 112(f) standards,
comply within 90 days of
effective date unless
compliance extension.
Sec. 63.6(c)(3)-(4)............. [Reserved] ....................
Sec. 63.6(c)(5)................. Compliance Dates for Area sources that become Yes.
Existing Area Sources major must comply with
That Become Major. major source standards by
date indicated in subpart
or by equivalent time
period (for example, 3
years).
[[Page 18783]]
Sec. 63.6(d).................... [Reserved] ....................
Sec. 63.6(e)(1)-(2)............. Operation & Maintenance... Operate to minimize Yes.
emissions at all times;
correct malfunctions as
soon as practicable;
requirements
independently
enforceable; information
Administrator will use to
determine if operation
and maintenance
requirements were met.
Sec. 63.6(e)(3)................. Startup, Shutdown, and .......................... Yes.
Malfunction Plan (SSMP).
Sec. 63.6(f)(1)................. Compliance Except During You must comply with Yes.
SSM. emission standards at all
times except during SSM.
Sec. 63.6(f)(2)-(3)............. Methods for Determining Compliance based on Yes.
Compliance. performance test,
operation and maintenance
plans, records,
inspection.
Sec. 63.6(g)(1)-(3)............. Alternative Standard...... Procedures for getting an Yes.
alternative standard.
Sec. 63.6(h)(1)-(9)............. Opacity/Visible Emission .......................... Not applicable.
(VE) Standards.
Sec. 63.6(i)(1)-(14)............ Compliance Extension...... Procedures and criteria Yes.
for Administrator to
grant compliance
extension.
Sec. 63.6(j).................... Presidential Compliance President may exempt Yes.
Exemption. source category.
Sec. 63.7(a)(1)-(2)............. Performance Test Dates.... Dates for conducting Yes.
initial performance
testing and other
compliance
demonstrations; must
conduct 180 days after
first subject to rule.
Sec. 63.7(a)(3)................. Section 114 Authority..... Administrator may require Yes.
a performance test under
CAA section 114 at any
time.
Sec. 63.7(b)(1)................. Notification of Must notify Administrator Yes.
Performance Test. 60 days before the test.
Sec. 63.7(b)(2)................. Notification of Must notify Administrator Yes.
Rescheduling. 5 days before scheduled
date and provide
rescheduled date.
Sec. 63.7(c).................... Quality Assurance/Test Requirements; test plan Yes.
Plan. approval procedures;
performance audit
requirements; internal
and external QA
procedures for testing.
Sec. 63.7(d).................... Testing Facilities........ .......................... Yes.
Sec. 63.7(e)(1)................. Conditions for Conducting Performance tests must be No, Sec. 63.9800
Performance Tests. conducted under specifies
representative requirements; Yes;
conditions; cannot Yes.
conduct performance tests
during SSM; not a
violation to exceed
standard during SSM.
Sec. 63.7(e)(2)................. Conditions for Conducting Must conduct according to Yes.
Performance Tests. subpart and EPA test
methods unless
Administrator approves
alternative.
Sec. 63.7(e)(3)................. Test Run Duration......... Must have three test runs Yes; Yes, except
of at least 1 hour each; where specified in
compliance is based on Sec. 63.9800 for
arithmetic mean of three batch process
runs; conditions when sources; Yes.
data from an additional
test run can be used.
Sec. 63.7(f).................... Alternative Test Method... .......................... Yes.
Sec. 63.7(g).................... Performance Test Data .......................... Yes.
Analysis.
Sec. 63.7(h).................... Waiver of Test............ .......................... Yes.
Sec. 63.8(a)(1)................. Applicability of .......................... Yes.
Monitoring Requirements.
Sec. 63.8(a)(2)................. Performance Specifications Performance Specifications Yes.
in appendix B of 40 CFR
part 60 apply.
Sec. 63.8(a)(3)................. [Reserved]
Sec. 63.8(a)(4)................. Monitoring with Flares.... .......................... Not applicable.
Sec. 63.8(b)(1)................. Monitoring................ Must conduct monitoring Yes.
according to standard
unless Administrator
approves alternative.
Sec. 63.8(b)(2)-(3)............. Multiple Effluents and Specific requirements for Yes.
Multiple Monitoring installing and reporting
Systems. on monitoring systems.
Sec. 63.8(c)(1)................. Monitoring System Maintenance consistent Yes.
Operation and Maintenance. with good air pollution
control practices.
Sec. 63.8(c)(1)(i).............. Routine and Predictable Reporting requirements for Yes.
SSM. SSM when action is
described in SSMP.
Sec. 63.8(c)(1)(ii)............. SSM not in SSMP........... Reporting requirements for Yes.
SSM when action is not
described in SSMP.
Sec. 63.8(c)(1)(iii)............ Compliance with Operation How Administrator Yes.
and Maintenance determines if source is
Requirements. complying with operation
and maintenance
requirements.
Sec. 63.8(c)(2)-(3)............. Monitoring System Must install to get Yes.
Installation. representative emission
and parameter
measurements.
Sec. 63.8(c)(4)................. CMS Requirements.......... .......................... No, Sec. 63.9808
specifies
requirements.
Sec. 63.8(c)(5)................. COMS Minimum Procedures... .......................... Not applicable.
[[Page 18784]]
Sec. 63.8(c)(6)................. CMS Requirements.......... .......................... Applies only to
sources required to
install and operate
a THC CEMS.
Sec. 63.8(c)(7)(i)(A)........... CMS Requirements.......... .......................... Applies only to
sources required to
install and operate
a THC CEMS.
Sec. 63.8(c)(7)(i)(B)........... CMS Requirements.......... .......................... Applies only to
sources required to
install and operate
a THC CEMS.
Sec. 63.8(c)(7)(i)(C)........... CMS Requirements.......... .......................... Not applicable.
Sec. 63.8(c)(7)(ii)............. CMS Requirements.......... Corrective action required Yes.
when CMS is out of
control.
Sec. 63.8(c)(8)................. CMS Requirements.......... .......................... Yes.
Sec. 63.8(d).................... CMS Quality Control....... .......................... Applies only to
sources required to
install and operate
a THC CEMS.
Sec. 63.8(e).................... CMS Performance Evaluation .......................... Applies only to
sources required to
install and operate
a THC CEMS.
Sec. 63.8(f)(1)-(5)............. Alternative Monitoring .......................... Yes.
Method.
Sec. 63.8(f)(6)................. Alternative to Relative .......................... Yes.
Accuracy Test.
Sec. 63.8(g).................... Data Reduction............ .......................... Applies only to
sources required to
install and operate
a THC CEMS.
Sec. 63.9(a).................... Notification Requirements. .......................... Yes.
Sec. 63.9(b)(1)-(5)............. Initial Notifications..... .......................... Yes.
Sec. 63.9(c).................... Request for Compliance .......................... Yes.
Extension.
Sec. 63.9(d).................... Notification of Special .......................... Yes.
Compliance Requirements
for New Source.
Sec. 63.9(e).................... Notification of Notify Administrator 60 Yes.
Performance Test. days prior.
Sec. 63.9(f).................... Notification of VE/Opacity .......................... Not applicable.
Test.
Sec. 63.9(g).................... Additional Notifications .......................... Applies only to
When Using CMS. sources required to
install and operate
a THC CEMS.
Sec. 63.9(h).................... Notification of Compliance .......................... Yes.
Status.
Sec. 63.9(i).................... Adjustment of Submittal .......................... Yes.
Deadlines.
Sec. 63.9(j).................... Change in Previous .......................... Yes.
Information.
Sec. 63.10(a)................... Recordkeeping/Reporting... .......................... Yes.
Sec. 63.10(b)(1)................ Recordkeeping/Reporting... .......................... Yes.
Sec. 63.10(b)(2) (i)-(v)........ Records Related to .......................... Yes.
Startup, Shutdown, and
Malfunction.
Sec. 63.10 (b)(2)(vi) and (x-xi) CMS Records............... .......................... Yes.
Sec. 63.10 (b)(2)(vii)-(ix)..... Records................... Measurements to Yes.
demonstrate compliance
with emission
limitations; performance
test, performance
evaluation, and visible
emission observation
results; measurements to
determine conditions of
performance tests and
performance evaluations.
Sec. 63.10(b)(2) (xii).......... Records................... Records when under waiver. Yes.
Sec. 63.10(b) (2)(xiii)......... Records................... Records when using Not applicable.
alternative to relative
accuracy test.
Sec. 63.10(b) (2)(xiv).......... Records................... All documentation Yes.
supporting Initial
Notification and
Notification of
Compliance Status.
Sec. 63.10(b)(3)................ Records................... Applicability Yes.
Determinations.
Sec. 63.10(c)(1)-(6), (9)-(15).. Records................... Additional Records for CMS Not applicable.
Sec. 63.10(c)(7)-(8)............ Records................... Records of excess No, Sec. 63.9816
emissions and parameter specifies
monitoring exceedances requirements.
for CMS.
Sec. 63.10(d)(1)................ General Reporting Requirements for reporting Yes.
Requirements.
Sec. 63.10(d)(2)................ Report of Performance Test When to submit to Federal Yes.
Results. or State authority.
Sec. 63.10(d)(3)................ Reporting Opacity or VE .......................... Not applicable.
Observations.
[[Page 18785]]
Sec. 63.10(d)(4)................ Progress Reports.......... Must submit progress Yes.
reports on schedule if
under compliance
extension.
Sec. 63.10(d)(5)................ Startup, Shutdown, and Contents and submission... Yes.
Malfunction Reports.
Sec. 63.10(e)(1)-(2)............ Additional CMS Reports.... .......................... Applies only to
sources required to
install and operate
a THC CEMS.
Sec. 63.10(e)(3)................ Reports................... .......................... No, Sec. 63.9814
specifies
requirements.
Sec. 63.10(e)(4)................ Reporting COMS data....... .......................... Not applicable.
Sec. 63.10(f)................... Waiver for Recordkeeping/ .......................... Yes.
Reporting.
Sec. 63.11...................... Flares.................... .......................... Not applicable.
Sec. 63.12...................... Delegation................ .......................... Yes.
Sec. 63.13...................... Addresses................. .......................... Yes.
Sec. 63.14...................... Incorporation by Reference .......................... Yes.
Sec. 63.15...................... Availability of .......................... Yes.
Information.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 03-5622 Filed 4-15-03; 8:45 am]
BILLING CODE 6560-50-P