[Code of Federal Regulations]
[Title 40, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR49.10711]

[Page 736-760]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 49_TRIBAL CLEAN AIR ACT AUTHORITY--Table of Contents
 
           Subpart M_Implementation Plans for Tribes_Region X
 
Sec. 49.10711  Federal Implementation Plan for the Astaris-Idaho LLC 

Facility (formerly owned by FMC Corporation) in the Fort Hall PM-10 
Nonattainment Area.

    (a) Applicability. This section applies to the owner(s) or 
operator(s) of the Astaris-Idaho LLC's elemental phosphorus facility 
located on the Fort Hall Indian Reservation in Idaho, including any new 
owner(s) or operator(s) in the event of a change in ownership or 
operation of the Astaris-Idaho facility.
    (b) Definitions. The terms used in this section retain the meaning 
accorded them under the Clean Air Act, except as follows:
    Astaris-Idaho or Astaris-Idaho facility means all of the pollutant-
emitting activities that comprise the elemental phosphorus plant owned 
by or under the common control of Astaris-Idaho LLC in Township 6 south, 
Range 33 east, Sections 12, 13, and 14, and that lie within the exterior 
boundaries of the Fort Hall Indian Reservation, in Idaho, including, 
without limitation, all buildings, structures, facilities, 
installations, material handling areas, storage piles, roads, staging 
areas, parking lots, mechanical processes and related areas, and other 
processes and related areas. For purposes of this section, the term 
``Astaris-Idaho'' or ``Astaris-Idaho facility'' shall not include 
pollutant emitting activities located on lands outside the exterior 
boundaries of the Fort Hall Indian Reservation.
    Bag leak detection guidance means Office of Air Quality Planning and 
Standards (OAQPS): Fabric Filter Bag Leak Detection Guidance, EPA 454/R-
98-015 (Sept. 1997).
    Begin actual construction means, in general, initiation of physical 
on-site construction activities on a source which are of a permanent 
nature. Such activities include, but are not limited to, installation of 
building supports and foundations, laying of underground pipework, and 
construction of permanent storage structures. With respect to a change 
in the method of operating, this term refers to those on-site activities 
other than preparatory activities which mark the initiation of the 
change.
    Certified observer means a visual emissions observer who has been 
properly certified using the initial certification and periodic semi-
annual recertification procedures of 40 CFR part 60, appendix A, Method 
9.
    Construction means any physical change or change in the method of 
operation (including fabrication, erection, installation, demolition, or 
modification of a source) which would result in a change in actual 
emissions.
    Emergency means any situation arising from sudden and reasonably 
unforeseeable events beyond the control of the owner or operator of the 
Astaris-Idaho facility, including acts of God, which requires immediate 
corrective action to restore normal operation. An emergency shall not 
include events caused by improperly designed equipment, lack of 
preventative maintenance, careless or improper operation, or operator 
error.

[[Page 737]]

    Emission limitation or emission standard means a requirement which 
limits the quantity, rate, or concentration of emissions of air 
pollutants on a continuous basis, including any requirements which limit 
the level of opacity, prescribe equipment, set fuel specifications, or 
prescribe operations or maintenance procedures to assure continuous 
emission reduction.
    EPA means United States Environmental Protection Agency, Region 10.
    Excess emissions means emissions of an air pollutant in excess of an 
emission limitation.
    Excursion means a departure from a parameter range approved under 
paragraphs (e)(3) or (g)(1) of this section, consistent with any 
averaging period specified for averaging the results of monitoring.
    Fugitive emissions means those emissions that do not actually pass 
through a stack, chimney, vent, or other functionally equivalent 
opening.
    Malfunction means any sudden and unavoidable breakdown of process or 
control equipment. A sudden breakdown which could have been avoided by 
better operation and maintenance is not a malfunction.
    Method 5 is the reference test method described in 40 CFR part 60, 
appendix A, conducted in accordance with the requirements of this 
section.
    Method 9 is the reference test method described in 40 CFR part 60, 
appendix A.
    Methods 201, 201A, and 202 are the reference test methods described 
in 40 CFR part 51, appendix M, conducted in accordance with the 
requirements of this section.
    Mini-flush means the process of flushing elemental phosphorus, which 
has solidified in the secondary condenser, to the elevated secondary 
condenser flare or to the ground flare, and thus into the atmosphere.
    Modification means any physical change in or a change in the method 
of operation of, an existing source which increases the amount of 
particulate matter emitted by that source. The following shall not, by 
themselves, be considered modifications:
    (1) Maintenance, repair, and replacement which the Regional 
Administrator determines to be routine for the particular source;
    (2) An increase in production rate of an existing source, if that 
increase can be accomplished without a physical change to the source or 
the Astaris-Idaho facility;
    (3) An increase in the hours of operation of an existing source, if 
that increase can be accomplished without a physical change to the 
source or the Astaris-Idaho facility;
    (4) Use of an alternative fuel or raw material, if the existing 
source is capable of accommodating that alternative without a physical 
change to the source or the Astaris-Idaho facility; or
    (5) The addition, replacement, or use of any system or device whose 
primary function is the reduction of an air pollutant, except when an 
emissions control system is removed or replaced by a system which the 
Regional Administrator determines to be less environmentally beneficial.
    Monitoring malfunction means any sudden, infrequent, not reasonably 
preventable failure of the monitoring to provide valid data. Monitoring 
failures that are caused in part by poor maintenance or careless 
operation are not monitoring malfunctions.
    O&M plan means an operation and maintenance plan developed by 
Astaris-Idaho and submitted to EPA in accordance with paragraph (e)(8) 
of this section.
    Opacity means the degree to which emissions reduce the transmission 
of light and obscure the view of an object in the background.
    Opacity action level means the level of opacity of emissions from a 
source requiring the owner or operator of the Astaris-Idaho facility to 
take prompt corrective action to minimize emissions, including without 
limitation those actions described in the approved operations and 
maintenance plan.
    Owner or operator means any person who owns, leases, operates, 
controls, or supervises the Astaris-Idaho facility or any portion 
thereof.
    Particulate matter means any airborne finely-divided solid or liquid 
material with an aerodynamic diameter smaller than 100 micrometers.
    PM-10 or PM-10 emissions means finely divided solid or liquid 
material, with

[[Page 738]]

an aerodynamic diameter less than or equal to a nominal ten micrometers 
emitted to the ambient air as measured by an applicable reference method 
such as Method 201, 201A, or 202, of 40 CFR Part 51, appendix M, or an 
equivalent or alternative method specifically approved by the Regional 
Administrator.
    Regional Administrator means the Regional Administrator, EPA Region 
10, or a duly designated representative of the Regional Administrator.
    Road means access and haul roads, driveways or established vehicle 
paths, permanent or temporary, which are graded, constructed, used, 
reconstructed, improved, or maintained for use in vehicle movement 
throughout the Astaris-Idaho facility.
    Shutdown means the cessation of operation of a source for any 
purpose.
    Slag Pit Area means the area of the Astaris-Idaho facility 
immediately bordering the south side of the furnace building extending 
out 100 yards.
    Source means any building, structure, facility, installation, 
material handling area, storage pile, road, staging area, parking lot, 
mechanical process or related area, or other process or related area 
which emits or may emit particulate matter.
    Startup means the setting in operation of a source for any purpose.
    Title V permit means an operating permit issued under 40 CFR part 70 
or 71.
    Tribes means the Shoshone-Bannock Tribes.
    Visible emissions means the emission of pollutants into the 
atmosphere, excluding uncombined condensed water vapor (steam), that is 
observable by the naked eye.
    Visual observation means the continuous observation of a source for 
the presence of visible emissions for a period of ten consecutive 
minutes conducted in accordance with section 5 of EPA Method 22, 40 CFR 
part 60, appendix A, by a person who meets the training guidelines 
described in section 1 of Method 22.
    (c) Emission limitations and work practice requirements. (1)(i) 
Except as otherwise provided in paragraphs (c)(1)(ii), (c)(1)(iii), and 
(c)(2) of this section, there shall be no visible emissions from any 
location at the Astaris-Idaho facility at any time, as determined by a 
visual observation.
    (ii) Emissions from the following equipment, activities, processes, 
or sources shall not exceed 20% opacity over a six minute average. 
Method 9, of 40 CFR part 60, appendix A, is the reference test method 
for this requirement.
    (A) Brazing, welding, and welding equipment and oxygen-hydrogen 
cutting torches;
    (B) Plant upkeep, including routine housekeeping, preparation for 
and painting of structures;
    (C) Grinding, sandblasting, and cleaning operations that are not 
part of a routine operation or a process at the Astaris-Idaho facility;
    (D) Cleaning and sweeping of streets and paved surfaces;
    (E) Lawn and landscaping activities;
    (F) Repair and maintenance activities;
    (G) Landfill operations;
    (H) Laboratory vent stacks; and
    (I) Pond piping discharges.
    (iii) Except as otherwise provided in paragraph (c)(1)(ii) of this 
section, emissions from equipment, activities, processes, or sources not 
identified in Table 1 to this section shall not exceed 10% opacity over 
a six minute average provided that Astaris-Idaho has complied with the 
requirements of paragraph (c)(11) of this section and provided further 
that a more stringent opacity limit has not been established for the 
source in this section. Method 9, 40 CFR Part 60, appendix A, is the 
reference test method for this requirement.
    (2) For each source identified in Column II of Table 1 to this 
section, the owner or operator of the Astaris-Idaho facility shall 
comply with the emission limitations and work practice requirements for 
that source established in Column III of Table 1 to this section.
    (3) The opacity limits for the following fugitive emission sources, 
which are also identified in Column II of Table 1 to this section, apply 
to adding of material to, taking of material from, reforming, or 
otherwise disturbing the pile: main shale pile (Table 1 of this section, 
source 2), emergency/contingency raw ore shale pile (Table 1 of this 
section, source 3), stacker and

[[Page 739]]

reclaimer (Table 1 of this section, source 4), recycle material pile 
(Table 1 of this section, source 8b), nodule pile (Table 1 of this 
section, source 11), and screened shale fines pile (Table 1 of this 
section, source 14).
    (4)(i) Except as provided in paragraph (c)(4)(ii) of this section, 
beginning November 1, 2000, the following activities shall be 
prohibited:
    (A) The discharge of molten slag from furnaces or slag runners onto 
the ground, pit floors (whether dressed with crushed slag or not), or 
other non-mobile permanent surface.
    (B) The digging of solid slag in the slag pit area or the loading of 
slag into transport trucks in the slag pit area.
    (ii) The prohibition set forth in paragraph (c)(4)(i) of this 
section shall not apply to the lining of slag pots and the handling 
(including but not limited to loading, crushing, or digging) of cold 
slag for purposes of the lining of slag pots.
    (5)(i) Beginning January 1, 2001, no furnace gas shall be burned in 
the existing elevated secondary condenser flare or the existing ground 
flare (Table 1 of this section, source 26a).
    (ii) Until December 31, 2000, the owner or operator of the Astaris-
Idaho facility shall take the following measures to reduce PM-10 
emissions from mini-flushes and to ensure there is no bias toward 
conducting mini-flushes during night-time hours.
    (A) Mini-flushes shall be limited to no more than 50 minutes per day 
(based on a monthly average) beginning January 1, 1999. Failure to meet 
this limit for any given calendar month will be construed as a separate 
violation for each day during that month that mini-flushes lasted more 
than 50 minutes. The monthly average for any calendar month shall be 
calculated by summing the duration (in actual minutes) of each mini-
flush during that month and dividing by the number of days in that 
month.
    (B)(1) No mini-flush shall be conducted at any time unless one of 
the following operating parameters is satisfied:
    (i) The flow rate of recirculated phossy water is equal to or less 
than 1800 gallons per minute; or
    (ii) The secondary condenser outlet temperature is equal to or 
greater than 36 degrees Centigrade.
    (2) The prohibition set forth in paragraph (c)(5)(ii)(B)(1) of this 
section shall not apply during periods of malfunction or emergency, 
provided the owner or operator of the Astaris-Idaho facility complies 
with the requirements of paragraph (c)(9) of this section.
    (6) At all times, including periods of startup, shutdown, 
malfunction, or emergency, the owner or operator of the Astaris-Idaho 
facility shall, to the extent practicable, maintain and operate each 
source of PM-10 at the Astaris-Idaho facility, including without 
limitation those sources identified in Column II of Table 1 to this 
section and associated air pollution control equipment, in a manner 
consistent with good air pollution control practices for minimizing 
emissions. Determination of whether acceptable operating and maintenance 
procedures are being used will be based on information available to the 
Regional Administrator which may include, but is not limited to, 
monitoring results, opacity observations, review of operating and 
maintenance procedures, and inspection of the source.
    (7) Maintaining operation of a source within approved parameter 
ranges, promptly taking corrective action, and otherwise following the 
work practice, monitoring, record keeping, and reporting requirements of 
this section do not relieve the owner or operator of the Astaris-Idaho 
facility from the obligation to comply with applicable emission 
limitations and work practice requirements at all times.
    (8) An affirmative defense to a penalty action brought for emissions 
in excess of an emission limitation shall be available if the excess 
emissions were due to startup or shutdown and all of the following 
conditions are met:
    (i) The owner or operator of the Astaris-Idaho facility notifies EPA 
and the Tribes in writing of any startup or shutdown that is expected to 
cause excess emissions. The notification shall be given as soon as 
possible, but no later than 48 hours prior to the start of the startup 
or shutdown, unless the owner or operator demonstrates to

[[Page 740]]

EPA's satisfaction that a shorter advanced notice was necessary. The 
notice shall identify the expected date, time, and duration of the 
excess emissions event, the source involved in the excess emissions 
event, and the type of excess emissions event.
    (ii) The periods of excess emissions that occurred during startup or 
shutdown were short and infrequent and could not have been prevented 
through careful planning and design.
    (iii) The excess emissions were not part of a recurring pattern 
indicative of inadequate design, operation, or maintenance.
    (iv) If the excess emissions were caused by a bypass (an intentional 
diversion of control equipment), then the bypass was unavoidable to 
prevent loss of life, personal injury, or severe property damage.
    (v) At all times, the facility was operated in a manner consistent 
with good practice for minimizing emissions.
    (vi) The frequency and duration of operation in startup or shutdown 
mode was minimized to the maximum extent practicable.
    (vii) All possible steps were taken to minimize the impact of the 
excess emissions on ambient air quality.
    (viii) All emission monitoring systems were kept in operation if at 
all possible.
    (ix) The owner or operator's actions during the period of excess 
emissions were documented by properly signed, contemporaneous operating 
logs, or other relevant evidence.
    (x) The owner or operator of the Astaris-Idaho facility submitted 
notice of the startup or shutdown to EPA and the Tribes within 48 hours 
of the time when emission limitations were exceeded due to startup or 
shutdown. This notice fulfills the requirement of paragraph (g)(5) of 
this section. This notice must contain a description of the startup or 
shutdown, any steps taken to mitigate emissions, and corrective actions 
taken.
    (xi) No exceedance of the 24-hour PM-10 National Ambient Air Quality 
Standard, 40 CFR 50.6(a) was recorded on any monitor located within the 
Fort Hall PM-10 nonattainment area that regularly reports information to 
the Aerometric Information Retrieval System-Air Quality Subsystem, as 
defined under 40 CFR 58.1(p), on any day for which the defense of 
startup or shutdown is asserted.
    (xii) In any enforcement proceeding, the owner or operator of the 
Astaris-Idaho facility has the burden of proof on all requirements of 
this paragraph (c)(8).
    (9) An affirmative defense to a penalty action brought for emissions 
in excess of an emission limitation shall be available if the excess 
emissions were due to an emergency or malfunction and all of the 
following conditions are met:
    (i) The excess emissions were caused by a sudden, unavoidable 
breakdown of technology, beyond the control of the owner or operator of 
the Astaris-Idaho facility.
    (ii) The excess emissions;
    (A) Did not stem from any activity or event that could have been 
foreseen and avoided or planned for; and
    (B) Could not have been avoided by better operation and maintenance 
practices.
    (iii) To the maximum extent practicable the air pollution control 
equipment or processes were maintained and operated in a manner 
consistent with good practice for minimizing emissions.
    (iv) Repairs were made in an expeditious fashion when the operator 
knew or should have known that applicable emission limitations were 
being exceeded. Off-shift labor and overtime must have been utilized, to 
the extent practicable, to ensure that such repairs were made as 
expeditiously as practicable.
    (v) The amount and duration of the excess emissions (including any 
bypass) were minimized to the maximum extent practicable during periods 
of such emissions.
    (vi) All possible steps were taken to minimize the impact of the 
excess emissions on ambient air quality.
    (vii) All emission monitoring systems were kept in operation if at 
all possible.
    (viii) The owner or operator's actions in response to the excess 
emissions were documented by properly signed,

[[Page 741]]

contemporaneous operating logs, or other relevant evidence.
    (ix) The excess emissions were not part of a recurring pattern 
indicative of inadequate design, operation, or maintenance.
    (x) The owner or operator of the Astaris-Idaho facility submitted 
notice of the emergency or malfunction to EPA and the Tribes within 48 
hours of the time when emission limitations were exceeded due to the 
emergency or malfunction. This notice fulfills the requirement of 
paragraph (g)(5) of this section. This notice must contain a description 
of the emergency or malfunction, any steps taken to mitigate emissions, 
and corrective actions taken.
    (xi) No exceedance of the 24-hour PM-10 National Ambient Air Quality 
Standard, 40 CFR 50.6(a), was recorded on any monitor located within the 
Fort Hall PM-10 nonattainment area that regularly reports information to 
the Aerometric Information Retrieval System-Air Quality Subsystem, as 
defined under 40 CFR 58.1(p), on any day for which the defense of 
emergency or malfunction is asserted.
    (xii) In any enforcement proceeding, the owner or operator of the 
Astaris-Idaho facility has the burden of proof on all requirements of 
this paragraph (c)(9).
    (10) For each source identified in Column II of Table 2 to this 
section, the owner or operator of the Astaris-Idaho facility shall take 
appropriate actions to reduce visible emissions from the source if 
opacity exceeds the opacity action level for that source identified in 
Column III of Table 2 of this section. Such actions shall be commenced 
as soon as possible but not to exceed 24 hours after an exceedance of 
the opacity action level is first identified and shall be completed as 
soon as possible. Such actions shall include, but not be limited to, 
those actions identified in the O&M plan for the source. Exceedance of 
an opacity action level does not constitute a violation of this section, 
but failure to take appropriate corrective action as identified in this 
paragraph (c)(10) does constitute a violation of this section.
    (11) The owner or operator of the Astaris-Idaho facility shall 
notify EPA prior to the construction of a new source of PM-10 at the 
Astaris-Idaho facility or the modification of an existing source at the 
Astaris-Idaho facility in a manner that increases emissions of PM-10 as 
follows:
    (i) Such notification shall be submitted to EPA at least 90 days 
prior to commencement of the construction or modification.
    (ii) Such notification shall include the following information:
    (A) A description of the source, including location of the process 
and associated control equipment, and any modification thereto;
    (B) An estimate of potential PM-10 emissions from the source on both 
a 24-hour and annual basis, without consideration of any proposed air 
pollution control equipment;
    (C) The expected daily hours of operation of the source, including 
any seasonal variation, and an estimate of actual PM-10 emissions from 
the source on both a 24-hour and annual basis, considering the effect of 
any proposed air pollution control equipment; and
    (D) A description of any PM-10 control technology to be implemented 
at the source along with an analysis of alternative control technologies 
considered but rejected.
    (iii) Any source identified in this section shall continue to be 
subject to the requirements of this section notwithstanding the 
modification of the source.
    (iv) The requirements of this paragraph (c)(11) are in addition to 
any other requirements to obtain a permit under the Clean Air Act.
    (v) This paragraph (c)(11) shall cease to apply if either of the 
following events occur:
    (A) EPA promulgates a minor new source review program for PM-10 that 
applies to the Astaris-Idaho facility; or
    (B) The Tribes promulgate a minor new source review program for PM-
10 that applies to the Astaris-Idaho facility and EPA approves the 
Tribes' program under of this part.
    (vi) If, after receipt of the notice referred to in this paragraph 
(c)(11), EPA notifies Astaris-Idaho in writing that a 90 day delay in 
the commencement of construction or modification is not required, 
Astaris-Idaho may proceed with the commencement of the construction

[[Page 742]]

or modification as described in the notice, subject to the other 
requirements of this section.
    (d) Reference test methods. (1) For each source identified in Column 
II of Table 1 to this section, the reference test method for the 
corresponding emission limitation in Column III of Table 1 to this 
section for that source is identified in Column IV of Table 1 to this 
section. For each source identified in Column II of Table 2 to this 
section, the reference test method for the corresponding opacity action 
level in Column III of Table 2 to this section for that source is 
identified in Column IV of Table 2 to this section.
    (2) When Method 201/201A or Methods 201/201A and 202 of 40 CFR Part 
60, appendix A, are specified as the reference test methods, the testing 
shall be conducted in accordance with the identified test methods and 
the following additional requirements:
    (i) Each test shall consist of three runs, with each run a minimum 
of one hour.
    (ii) Method 202 shall be run concurrently with Method 201 or Method 
201A. Unless Method 202 is specifically designated as part of the 
reference test method, Method 202 shall be performed on each source for 
informational purposes only and the results from the Method 202 test 
shall not be included in determining compliance with the mass emission 
limit for the source.
    (iii) The source shall be operated at a capacity of at least 90% of 
maximum during all tests unless the Regional Administrator determines in 
writing that other operating conditions are representative of normal 
operations.
    (iv) Only regular operating staff may adjust the processes or 
emission control device parameters during a performance test or within 
two hours prior to the tests. Any operating adjustments made during a 
performance test, which are a result of consultation during the tests 
with source testing personnel, equipment vendors, or other consultants 
may render the source test invalid.
    (v) For all reference tests, the sampling site and minimum number of 
sampling points shall be selected according to EPA Method 1 (40 CFR part 
60, appendix A).
    (vi) EPA Methods 2, 2C, 2D, 3, 3A, and 4 (40 CFR part 60, appendix 
A) shall be used, as appropriate, for determining mass emission rates.
    (vii) The mass emission rate of PM-10 shall be determined as 
follows:
    (A)(1) Where Method 201/201A is identified as the reference test 
method, the mass emission rate of PM-10 shall be determined by taking 
the results of the Method 201/201A test and then multiplying by the 
average hourly volumetric flow rate for the run.
    (2) Where Methods 201/201A and 202 are identified as the reference 
test methods, the mass emission rate of PM-10 shall be determined by 
first adding the PM-10 concentrations from Methods 201/201A and 202, and 
then multiplying by the average hourly volumetric flow rate for the run.
    (B) The average of the three required runs shall be compared to the 
emission standard for purposes of determining compliance.
    (viii) Two of the three runs from a source test of each Medusa-
Andersen stack on the furnace building (Table 1 of this section, sources 
18d, 18e, 18f, and 18g) shall include at least 20 minutes of slag 
tapping and a third run shall include at least 20 minutes of metal 
tapping.
    (ix) At least one of the three runs from a source test of the excess 
CO burner (Table 1 of this section, source 26b) shall be conducted 
during either a mini-flush or hot-flush that lasts for at least 30 
minutes.
    (3) Method 5 shall be used in place of Method 201 or 201A for the 
calciner scrubbers (Table 1 of this section, source 9a) and any other 
sources with entrained water drops. In such case, all the particulate 
matter measured by Method 5 must be counted as PM-10, and the testing 
shall be conducted in accordance with paragraph (d)(2) of this section.
    (4) Method 5 may be used as an alternative to Method 201 or 201A for 
a particular point source, provided that all of the particulate measured 
by Method 5 is counted as PM-10 and the testing is conducted in 
accordance with paragraph (d)(2) of this section.
    (5)(i) An alternative reference test method or a deviation from a 
reference

[[Page 743]]

test method identified in this section may be approved as follows:
    (A) The owner or operator of the Astaris-Idaho facility must submit 
a written request to the Regional Administrator at least 60 days before 
the performance test is scheduled to begin which includes the reasons 
why the alternative or deviation is needed and the rationale and data to 
demonstrate that the alternative test method or deviation from the 
reference test method:
    (1) Provides equal or improved accuracy and precision as compared to 
the specified reference test method; and
    (2) Does not decrease the stringency of the standard as compared to 
the specified reference test method.
    (B) If requested by EPA, the demonstration referred to in paragraph 
(d)(5)(i)(A) of this section must use Method 301 in 40 CFR part 63, 
appendix A to validate the alternative test method or deviation.
    (C) The Regional Administrator must approve the request in writing.
    (ii) Until the Regional Administrator has given written approval to 
use an alternative test method or to deviate from the reference test 
method, the owner or operator of the Astaris-Idaho facility is required 
to use the reference test method when conducting a performance test 
pursuant to paragraph (e)(1) of this section.
    (6) For the purpose of submitting compliance certifications or 
establishing whether or not a person has violated or is in violation of 
any requirement of this section, nothing in this section shall preclude 
the use, including the exclusive use, of any credible evidence or 
information relevant to whether a source would have been in compliance 
with applicable requirements if the appropriate performance or reference 
test or procedure had been performed.
    (e) Monitoring and additional work practice requirements. (1) The 
owner or operator of the Astaris-Idaho facility shall conduct a 
performance test to measure PM-10 emissions as follows:
    (i) The owner or operator of the Astaris-Idaho facility shall 
conduct a performance test to measure PM-10 emissions from each of the 
following sources on an annual basis using the specified reference test 
methods: east shale baghouse (Table 1 of this section, source 5a), 
middle shale baghouse (Table 1 of this section, source 6a), west shale 
baghouse (Table 1 of this section, source 7a), calciner cooler vents 
(Table 1 of this section, source 10), north nodule discharge baghouse 
(Table 1 of this section, source 12a), south nodule discharge baghouse 
(Table 1 of this section, source 12b), proportioning building-east 
nodule baghouse (Table 1 of this section, source 15a), proportioning 
building-west nodule baghouse (Table 1 of this section, source 15b), 
nodule stockpile baghouse (Table 1 of this section, source 16a), dust 
silo baghouse (Table 1 of this section, source 17a), furnace building-
east baghouse (Table 1 of this section, source 18a), furnace building-
west baghouse (Table 1 of this section, source 18b), furnace 1, 
2, 3, and 4--Medusa-Andersen scrubbers (Table 
1 of this section, sources 18d, 18e, 18f and 18g), coke handling 
baghouse (Table 1 of this section, source 20a), and phos dock-Andersen 
scrubber (Table 1 of this section, source 21a).
    (A) The first annual test for each source shall be completed within 
16 months of August 23, 2000. Subsequent annual tests shall be completed 
within 12 months of the most recent previous test.
    (B) If, after conducting annual source tests for a particular source 
for two consecutive years, the emissions from that source are less than 
80% of the applicable emission limit, then the frequency of source 
testing for that source may be reduced to every other year. The 
frequency of source testing shall revert to annually if the emissions 
from any source test on the source are greater than or equal to 80% of 
the applicable emission limit.
    (ii) The owner or operator of the Astaris-Idaho facility shall 
conduct a performance test to measure PM-10 emissions from the calciner 
scrubbers (Table 1 of this section, source 9a) and the excess CO burner 
(Table 1 of this section, source 26b) on a semi-annual basis using the 
specified reference test methods.
    (A) The first semi-annual performance test for each source shall be 
conducted within 90 days after the date on which the PM-10 emission 
limitations

[[Page 744]]

become applicable to the source. Subsequent semi-annual tests shall be 
completed within 6 months of the most recent previous test.
    (B) If, after conducting semi-annual source tests for the calciners 
or the excess CO burner for two consecutive years, the emissions from 
that source during each of the four previous consecutive semi-annual 
tests are less than 80% of the applicable emission limit, then the 
frequency of source testing for the source may be reduced to annual 
testing. The frequency of source testing shall revert to semi-annually 
if the emissions from any source test on the source are greater than or 
equal to 80% of the applicable emission limit.
    (iii) The owner or operator of the Astaris-Idaho facility shall 
conduct a performance test to determine the control efficiency of the 
calciner scrubbers (Table 1 of this section, source 9a) and the excess 
CO burner (Table 1 of this section, source 26b) using the specified 
reference test methods as follows:
    (A) A performance test for the calciner scrubbers shall be conducted 
within 90 days after the date on which the PM-10 emission limitations 
become applicable to the source.
    (B) The first performance test for the excess CO burner shall be 
conducted within 90 days after the date on which the PM-10 emission 
limitations become applicable to the source. Subsequent semi-annual 
tests shall be completed within 6 months of the most recent previous 
test.
    (C) If, after conducting semi-annual source tests for the excess CO 
burner for two consecutive years, the emissions from that source during 
each of the four previous consecutive semi-annual tests are less than 
80% of the mass emission limit, then the frequency of source testing for 
the control efficiency requirement for the excess CO burner may be 
reduced to annual testing. The frequency of source testing shall revert 
to semi-annually if the emissions from any source test on the source are 
greater than or equal to 80% of the mass emission limit.
    (iv) If a source test indicates an exceedence of the emission limit 
applicable to the source, the owner or operator of the Astaris-Idaho 
facility shall conduct a performance test of that source within 90 days 
of the source test showing the exceedence. The schedule for conducting 
future source tests shall not be affected by this requirement.
    (v) The time period for conducting any source test may be extended 
by a period of up to 90 days provided that:
    (A) The owner or operator of the Astaris-Idaho facility submits a 
written request to the Regional Administrator at least 30 days prior to 
the expiration of the time period for conducting the test which 
demonstrates the need for the extension; and
    (B) The Regional Administrator approves the request in writing.
    (vi) The owner or operator of the Astaris-Idaho facility shall 
provide the Regional Administrator a proposed test plan at least 30 days 
in advance of each scheduled source test. If the proposed test plan is 
unchanged for the next scheduled source test on the source, the owner or 
operator of the Astaris-Idaho facility shall not be required to resubmit 
a source test plan. Astaris-Idaho shall submit a new source test plan to 
EPA in accordance with this paragraph (e)(1) if the proposed test plan 
will be different from the immediately preceding source test plan that 
had been submitted to EPA.
    (vii) The owner or operator of the Astaris-Idaho facility shall 
provide the Regional Administrator at least 30 days prior written notice 
of any performance test required under this section to afford the 
Regional Administrator the opportunity to have an observer present. If 
after 30 days notice for an initially scheduled performance test, there 
is a delay (due to operational problems, etc.) in conducting the 
scheduled performance test, the owner or operator of the Astaris-Idaho 
facility shall notify the Regional Administrator as soon as possible of 
any delay in the original test date, either by providing at least 7 days 
prior notice of the rescheduled date of the performance test or by 
arranging a rescheduled date with the Regional Administrator by mutual 
agreement.
    (viii)(A) The owner or operator of the Astaris-Idaho facility shall 
provide, or cause to be provided, performance testing facilities as 
follows:

[[Page 745]]

    (1) Sampling ports adequate for test methods applicable to the 
source. This includes:
    (i) Constructing any new or modified air pollution control system 
such that volumetric flow rates and pollutant emission rates can be 
accurately determined by the applicable test methods and procedures; and
    (ii) Except with respect to the calciner scrubber stacks (Table 1 of 
this section, source 9a), providing a stack or duct free of cyclonic 
flow during performance tests, as demonstrated by applicable test 
methods and procedures.
    (2) Safe sampling platforms.
    (3) Safe access to sampling platforms.
    (4) Utilities for sampling and testing equipment.
    (B) A modification to these requirements can be approved with 
respect a particular source provided that:
    (1) The owner or operator of the Astaris-Idaho facility submits a 
written request to the Regional Administrator which demonstrates the 
need for the modification; and
    (2) The Regional Administrator approves the request in writing.
    (ix) During each test run and for at least two hours prior to the 
test and two hours after the test is completed, the owner or operator of 
the Astaris-Idaho facility shall monitor and record the parameters 
specified in paragraphs (e)(2), (e)(3), (e)(4), (e)(5), and (e)(6) of 
this section, as appropriate, for the source being tested, and shall 
report the results to EPA as part of the performance test report 
referred to in paragraph (g)(3)(i)(G) of this section.
    (x) The owner or operator of the Astaris-Idaho facility shall 
conduct a 12 minute visible emission observation using Method 9 of 40 
CFR Part 60, appendix A, at least twice during the performance test at 
an interval of no less than one hour apart, and shall report the results 
of this observation to EPA as part of the performance test report 
referred to in paragraph (g)(3)(i)(G) of this section.
    (xi) Concurrently with the performance testing, the owner or 
operator of the Astaris-Idaho facility shall measure the flow rate 
(throughput to the control device) using Method 2 of 40 CFR Part 60, 
appendix A, for the calciner scrubbers (Table 1 of this section, source 
9a) and the phos dock Andersen scrubber (Table 1 of this section, source 
21a) and shall report the results to EPA as part of the performance test 
report referred to in paragraph (g)(3)(i)(G) of this section.
    (2) The owner or operator of the Astaris-Idaho facility shall 
install, calibrate, maintain, and operate in accordance with the 
manufacturer's specifications a device to continuously measure and 
continuously record the pressure drop across the baghouse for each of 
the following sources identified in Column II of Table I: east shale 
baghouse (Table 1 of this section, source 5a), middle shale baghouse 
(Table 1 of this section, source 6a), west shale baghouse (Table 1 of 
this section, source 7a), north nodule discharge baghouse (Table 1 of 
this section, source 12a), north reclaim baghouse (Table 1 of this 
section, source 13), south nodule discharge baghouse (Table 1 of this 
section, source 12b), proportioning building-east nodule baghouse (Table 
1 of this section, source 15a), proportioning building-west nodule 
baghouse (Table 1 of this section, source 15b), nodule stockpile 
baghouse (Table 1 of this section, source 16a), dust silo baghouse 
(Table 1 of this section, source 17a), furnace building-east baghouse 
(Table 1 of this section, source 18a), furnace building-west baghouse 
(Table 1 of this section, source 18b), and coke handling baghouse (Table 
1 of this section, source 20a).
    (i) The devices shall be installed and fully operational no later 
than 210 days after August 23, 2000.
    (ii) Upon EPA approval of the acceptable range of baghouse pressure 
drop for each source, as provided in paragraph (g)(1) of this section, 
the owner or operator of the Astaris-Idaho facility shall maintain and 
operate the source to stay within the approved range. Until EPA approval 
of the acceptable range of baghouse pressure drop for each source, the 
owner or operator of the Astaris-Idaho facility shall maintain and 
operate the source to stay within the proposed range for that source, as 
provided in paragraph (g)(1) of this section.

[[Page 746]]

    (iii) If an excursion from an approved range occurs, the owner or 
operator of the Astaris-Idaho facility shall immediately upon discovery, 
but no later than within three hours of discovery, initiate corrective 
action to bring source operation back within the approved range.
    (iv) The owner or operator of the Astaris-Idaho facility shall 
complete the corrective action as expeditiously as possible.
    (3) The owner or operator of the Astaris-Idaho facility shall 
install, calibrate, maintain, and operate in accordance with the 
manufacture's specifications and the bag leak detection guidance a 
triboelectric monitor to continuously monitor and record the readout of 
the instrument response for each of the following sources identified in 
Column II of Table 1 to this section: east shale baghouse (Table 1 of 
this section, source 5a), middle shale baghouse (Table 1 of this 
section, source 6a), west shale baghouse (Table 1 of this section, 
source 7a), north nodule discharge baghouse (Table 1 of this section, 
source 12a), south nodule discharge baghouse (Table 1 of this section, 
source 12b), north reclaim baghouse (Table 1 of this section, source 
13), proportioning building-east nodule baghouse (Table 1 of this 
section, source 15a), proportioning building-west nodule baghouse (Table 
1 of this section, source 15b), nodule stockpile baghouse (Table 1 of 
this section, source 16a), dust silo baghouse (Table 1 of this section, 
source 17a), furnace building-east baghouse (Table 1 of this section, 
source 18a), furnace building-west baghouse (Table 1 of this section, 
source 18b), and coke handling baghouse (Table 1 of this section, source 
20a).
    (i) The triboelectric monitors shall be installed and fully 
operational no later than 210 days after August 23, 2000.
    (ii) The owner or operator of the Astaris-Idaho facility shall 
maintain and operate the source to stay within the approved range. For 
the triboelectric monitors, the ``approved range'' shall be defined as 
operating the source so that an ``alarm,'' as defined in and as 
determined in accordance with the bag leak detection guidance, does not 
occur.
    (iii) If an excursion from an approved range occurs, the owner or 
operator of the Astaris-Idaho facility shall immediately upon discovery, 
but no later than within three hours of discovery, initiate corrective 
action to bring source operation back within the approved range.
    (iv) The owner or operator of the Astaris-Idaho facility shall 
complete the corrective action as expeditiously as possible.
    (4) The owner or operator of the Astaris-Idaho facility shall 
install, calibrate, maintain, and operate in accordance with the 
manufacturer's specifications, a device to continuously measure and 
continuously record the pressure drop across the scrubber and the 
scrubber liquor flowrate for each of the calciner scrubbers (Table 1 of 
this section, source 9a).
    (i) The devices for the calciner scrubbers (Table 1 of this section, 
source 9a) shall be installed and fully operational on or before 
December 1, 2000.
    (ii) Upon EPA approval of the acceptable range of pressure drop, 
scrubber liquor flow rate, and scrubber liquor pH for the calciner 
scrubbers, as provided in paragraph (g)(1) of this section, the owner or 
operator of the Astaris-Idaho facility shall maintain and operate the 
source to stay within the approved range. Until EPA approval of the 
acceptable ranges for each source, the owner or operator of the Astaris-
Idaho facility shall maintain and operate the calciner scrubbers to stay 
within the proposed range for that source, as provided in paragraph 
(g)(1) of this section.
    (iii) If an excursion from an approved range occurs, Astaris-Idaho 
shall immediately upon discovery, but no later than within three hours 
of discovery, initiate corrective action to bring calciner scrubber 
operation back within the approved range.
    (iv) The owner or operator of the Astaris-Idaho facility shall 
complete the corrective action as expeditiously as possible.
    (5) The owner or operator of the Astaris-Idaho facility shall 
install,

[[Page 747]]

calibrate, maintain, and operate in accordance with the manufacturer's 
specifications, a device to continuously measure and continuously record 
the pressure drop across the scrubber for each of the following sources 
identified in Column II of Table 1 to this section: furnaces 1, 
2, 3 and 4--Medusa-Andersen scrubbers (Table 
1 of this section, sources 18d, 18e, 18f and 18g), phos dock Andersen 
scrubber (Table 1 of this section, source 21a), and excess CO burner--
Andersen scrubber (Table 1 of this section, source 26b).
    (i) The device for furnaces 1, 2, 3 and 
4--Medusa-Andersen scrubbers (Table 1 of this section, sources 
18d, 18e, 18f and 18g) and the phos dock Andersen scrubber (Table 1 of 
this section, source 21a) shall be installed and fully operational no 
later than 210 days after August 23, 2000. The device for the excess CO 
burner (Table 1 of this section, source 26b) shall be installed and 
fully operational no later than January 1, 2001.
    (ii) Upon EPA approval of the acceptable range of scrubber pressure 
drop for each source, as provided in paragraph (g)(1) of this section, 
the owner or operator of the Astaris-Idaho facility shall maintain and 
operate the source to stay within the approved range. Until EPA approval 
of the acceptable ranges of scrubber pressure drop for each source, the 
owner or operator of the Astaris-Idaho facility shall maintain and 
operate the source to stay within the proposed range for that source, as 
provided in paragraph (g)(1) of this section.
    (iii) If an excursion from an approved range occurs, the owner or 
operator of the Astaris-Idaho facility shall immediately upon discovery, 
but no later than within three hours of discovery, initiate corrective 
action to bring source operation back within the approved range.
    (iv) The owner or operator of the Astaris-Idaho facility shall 
complete the corrective action as expeditiously as possible.
    (6) The owner or operator of the Astaris-Idaho facility shall 
develop and implement a written plan for monitoring the scrubber water 
quality (through a parameter(s) such as total dissolved solids, total 
suspended solids, conductivity, specific gravity, etc) on a daily basis 
for the following sources: calciner scrubbers (Table 1 of this section, 
source 9a) and furnace 1, 2, 3 and 
4--Medusa-Andersen scrubbers (Table 1 of this section, sources 
18d, 18e, 18f and 18g).
    (i) The plan for furnaces 1, 2, 3 and 
4--Medusa-Andersen scrubbers (Table 1 of this section, sources 
18d, 18e, 18f and 18g) shall be submitted to the Regional Administrator 
within 180 days after September 22, 2000. The plan for the calciner 
scrubbers (Table 1 of this section, source 9a) shall submitted to the 
Regional Administrator no later than December 1, 2000.
    (ii) Upon EPA approval of the acceptable parameter range for water 
quality for each source, as provided in paragraph (g)(1) of this 
section, the owner or operator of the Astaris-Idaho facility shall 
maintain and operate the source to stay within the approved range. Until 
EPA approval of the acceptable range of water quality for each source, 
the owner or operator of the Astaris-Idaho facility shall maintain and 
operate the source to stay within the proposed range for that source, as 
provided in paragraph (g)(1) of this section.
    (iii) If an excursion from an approved range occurs, the owner or 
operator of the Astaris-Idaho facility shall immediately upon discovery, 
but no later than within three hours of discovery, initiate corrective 
action to bring source operation back within the approved range.
    (iv) The owner or operator of the Astaris-Idaho facility shall 
complete the corrective action as expeditiously as possible.
    (7) For each of the pressure relief vents on the furnaces (Table 1 
of this section, source 24), Astaris-Idaho shall install, calibrate, 
maintain, and operate in accordance with the manufacturer's 
specifications, devices to continuously measure and continuously record 
the temperature and pressure of gases in the relief vent downstream of 
the pressure relief valve and the water level of the pressure relief 
valve.
    (i) The devices shall be installed and fully operational no later 
than 90 days after August 23, 2000.

[[Page 748]]

    (ii) A ``pressure release'' is defined as an excursion of the 
temperature, pressure, or water level outside of the parameters approved 
in accordance with paragraph (g)(1) of this section. Until EPA approval 
of the acceptable range of parameters for the pressure release vents, a 
``pressure release'' is defined as an excursion of the temperature, 
pressure, or water level outside of the parameters proposed by the owner 
or operator of the Astaris-Idaho facility for the pressure relief vents, 
as provided in paragraph (g)(1) of this section.
    (iii) The release point on each pressure relief vent shall be 
maintained at no less than 18 inches of water.
    (iv) When a pressure release through a pressure relief vent is 
detected, the owner or operator of the Astaris-Idaho facility shall, 
within 30 minutes of the beginning of the pressure release, inspect the 
pressure relief valve to ensure that it has properly sealed and verify 
that at least 18 inches of water seal pressure is maintained.
    (8) The owner or operator of the Astaris-Idaho facility shall 
develop and implement a written O&M plan covering all sources of PM-10 
at the Astaris-Idaho facility, including without limitation, each source 
identified in Column II of Table 1 of this section and uncaptured 
fugitive and general fugitive emissions of PM-10 from each source.
    (i) The purpose of the O&M plan is to ensure each source at the 
Astaris-Idaho facility will be operated and maintained consistent with 
good air pollution control practices and procedures for maximizing 
control efficiency and minimizing emissions at all times, including 
periods of startup, shutdown, emergency, and malfunction, and to 
establish procedures for assuring continuous compliance with the 
emission limitations, work practice requirements, and other requirements 
of this section.
    (ii) The O&M plan shall be submitted to the Regional Administrator 
within 60 days of September 22, 2000 and shall cover all sources and 
requirements for which compliance is required 90 days after August 23, 
2000.
    (A) A revision to the O&M plan covering each source or requirement 
with a compliance date of more than 60 days after September 22, 2000 
shall be submitted at least 60 days before the source is required to 
comply with the requirement.
    (B) The owner or operator of the Astaris-Idaho facility shall review 
and, as appropriate, update the O&M plan at least annually.
    (C) The Regional Administrator may require the owner or operator of 
the Astaris-Idaho facility to modify the plan if, at any time, the 
Regional Administrator determines that the O&M plan does not:
    (1) Adequately ensure that each source at the Astaris-Idaho facility 
will be operated and maintained consistent with good air pollution 
control practices and procedures for maximizing control efficiency and 
minimizing emissions at all times;
    (2) Contain adequate procedures for assuring continuous compliance 
with the emission limitations, work practice requirements, and other 
requirements of this section;
    (3) Adequately address the topics identified in this paragraph 
(e)(8); or
    (4) Include sufficient mechanisms for ensuring that the O&M plan is 
being implemented.
    (iii) The O&M plan shall address at least the following topics:
    (A) Procedures for minimizing fugitive PM-10 emissions from material 
handling, storage piles, roads, staging areas, parking lots, mechanical 
processes, and other processes, including but not limited to:
    (1) A visual inspection of all material handling, storage piles, 
roads, staging areas, parking lots, mechanical processes, and other 
processes at least once each week at a regularly scheduled time. The O&M 
plan shall include a list of equipment, operations, and storage piles, 
and what to look for at each source during this regularly scheduled 
inspection.
    (2) A requirement to document the time, date, and results of each 
visual inspection, including any problems identified and any corrective 
actions taken.
    (3) A requirement to take corrective action as soon as possible but 
no later than within 48 hours of identification of operations or 
maintenance problems identified during the visual inspection

[[Page 749]]

(unless a shorter time frame is specified by this rule or is warranted 
by the nature of the problem).
    (4) Procedures for the application of dust suppressants to and the 
sweeping of material from storage piles, roads, staging areas, parking 
lots, or any open area as appropriate to maintain compliance with 
applicable emission limitations or work practice requirements. Such 
procedures shall include the specification of dust suppressants, the 
application rate, and application frequency, and the frequency of 
sweeping. Such procedures shall also include the procedures for 
application of latex to the main shale pile (source 2) and the 
emergency/contingency raw ore shale pile (source 3) after each reforming 
of the pile or portion of the pile.
    (B) Specifications for parts or elements of control or process 
equipment needing replacement after some set interval prior to breakdown 
or malfunction.
    (C) Process conditions that indicate need for repair, maintenance or 
cleaning of control or process equipment, such as the need to open 
furnace access ports or holes.
    (D) Procedures for the visual inspection of all baghouses, 
scrubbers, and other control equipment of at least once each week at a 
regularly scheduled time.
    (E) Procedures for the regular maintenance of control equipment, 
including without limitation, procedures for the rapid identification 
and replacement of broken or ripped bags for all sources controlled by a 
baghouse, bag dimensions, bag fabric, air-to-cloth ratio, bag cleaning 
methods, cleaning type, bag spacing, compartment design, bag replacement 
schedule, and typical exhaust gas volume.
    (F) Procedures that meet or exceed the manufacturer's 
recommendations for the inspection, maintenance, operation, and 
calibration of each monitoring device required by this part.
    (G) Procedures for the rapid identification and repair of equipment 
or processes causing a malfunction or emergency and for reducing or 
minimizing the duration of and emissions resulting from any malfunction 
or emergency.
    (H) Procedures for the training of staff in procedures listed in 
paragraph (e)(8)(i) of this section.
    (I) For each source identified in Column II of Table 2 to this 
section, additional control measures or other actions to be taken if the 
emissions from the source exceed the opacity action level identified in 
Column III of Table 2 to this section.
    (9) For each source identified in Column II of Table 1 to this 
section, the owner or operator of the Astaris-Idaho facility shall 
conduct a visual observation of each source at least once during each 
calendar week.
    (i) If visible emissions are observed for any period of time during 
the observation period, the owner or operator of the Astaris-Idaho 
facility shall immediately, but no later than within 24 hours of 
discovery, take corrective action to minimize visible emissions from the 
source. Such actions shall include, but not be limited to, those actions 
identified in the O&M plan for the source. Immediately upon completion 
of the corrective action, a certified observer shall conduct a visible 
emissions observation of the source using the reference test method for 
the opacity limit with an observation duration of at least six minutes. 
If opacity exceeds the opacity action level, the owner or operator of 
the Astaris-Idaho facility shall take prompt corrective action. This 
process shall be repeated until opacity returns to below the opacity 
action level.
    (ii) In lieu of the periodic visual observation under this paragraph 
(e)(9), the owner or operator of the Astaris-Idaho facility may conduct 
a visible emission observation of any source subject to the requirements 
of this paragraph (e)(9) using the reference test method for the opacity 
limit, in which case corrective action must be taken only if opacity 
exceeds the opacity action level.
    (iii) Should, for good cause, the visible emissions reading not be 
conducted on schedule, the owner or operator of the Astaris-Idaho 
facility shall record the reason observations were not conducted. 
Visible emissions observations shall be conducted immediately upon the 
return of conditions suitable for visible emissions observations.

[[Page 750]]

    (iv) If, after conducting weekly visible emissions observations for 
a given source for more than one year and detecting no visible emissions 
from that source for 52 consecutive weeks, the frequency of observations 
may be reduced to monthly. The frequency of observations for such source 
shall revert to weekly if visible emissions are detected from that 
source during any monthly observation or at any other time.
    (v) With respect to slag handling (Table 1 of this section, source 
8a):
    (A) Visible emission observations shall be made of the slag tapping 
area as viewed from the exterior of the furnace building and in the 
general area of the old slag pits;
    (B) For the first three months after the effective date of the 
opacity limit, the owner or operator of the Astaris-Idaho facility shall 
conduct a visual observation of this source three days each week and 
shall submit the results of such observations at the end of the three 
month time frame. Thereafter, such observations shall be conducted 
weekly or as otherwise provided in this paragraph (e)(9).
    (10) Except for, as applicable, monitoring malfunctions, associated 
repairs, and required quality assurance or control activities 
(including, as applicable, calibration checks and required zero span 
adjustments), the owner or operator of the Astaris-Idaho facility shall 
conduct all monitoring with the monitoring devices required by 
paragraphs (e)(2), (e)(3), (e)(4), (e)(5), (e)(6), and (e)(7) of this 
section in continuous operation at all times that the monitored process 
is in operation. Data recorded during monitoring malfunctions, 
associated repairs, and required quality assurance or control activities 
shall not be used for purposes of this section, including data averages 
and calculations, or fulfilling a minimum data availability requirement. 
The owner or operator of the Astaris-Idaho facility shall use data 
collected during all other periods in assessing the operation of the 
control device and associated control system.
    (11) The minimum data availability requirement for monitoring data 
pursuant to paragraphs (e)(2), (e)(3), (e)(4), (e)(5), (e)(6), and 
(e)(7) of this section is 90% on a monthly average basis. Data 
availability is determined by dividing the time (or number of data 
points) representing valid data by the time (or number of data points) 
that the monitored process is in operation.
    (12) Nothing in this paragraph (e) shall preclude EPA from requiring 
any other testing or monitoring pursuant to section 114 of the Clean Air 
Act.
    (f) Record keeping requirements. (1) The owner or operator of the 
Astaris-Idaho facility shall keep records of all monitoring required by 
this section that include, at a minimum, the following information:
    (i) The date, place as defined in this section, and time of the 
sampling or measurement.
    (ii) The dates the analyses were performed.
    (iii) The company or entity that performed the analyses.
    (iv) The analytical techniques or methods used.
    (v) The results of the analyses.
    (vi) The operating conditions existing at the time of the sampling 
or measurement.
    (2)(i) The owner or operator of the Astaris-Idaho facility shall 
keep records of all inspections and all visible emissions observations 
required by this section or conducted pursuant to the O&M plan, which 
records shall include the following:
    (A) The date, place, and time of the inspection or observation.
    (B) The name and title of the person conducting the inspection or 
observation.
    (C) In the case of a visible emission observation, the test method 
(Method 9 or visual observation), the relevant or specified 
meteorological conditions, and the results of the observation, including 
raw data and calculations. In the case of visible emission observations 
of slag handling (Table 1 of this section, source 8a), the owner or 
operator of the Astaris-Idaho facility shall also document whether 
visible emissions emanate from fuming of hot slag from pots or other 
points in the old slag pit area.
    (D) For any corrective action required by this section or the O&M 
plan or taken in response to a problem identified during an inspection 
or visible

[[Page 751]]

emissions observation required by this section or the O&M plan, the time 
and date corrective action was initiated and completed and the nature of 
corrective action taken.
    (E) The reason for any monitoring not conducted on schedule.
    (ii) With respect to control devices, the requirement of paragraph 
(f)(2)(i) of this section is satisfied by meeting the requirements of 
paragraph (f)(11) of this section.
    (3) The owner or operator of the Astaris-Idaho facility shall 
continuously record the parameters specified in paragraphs (e)(2), 
(e)(3), (e)(4), (e)(5), and (e)(7) of this section, and shall record the 
parameters specified in paragraphs (e)(6) of this section on the 
frequency specified in the monitoring plan required under paragraph 
(e)(6) of this section.
    (4) The owner or operator of the Astaris-Idaho facility shall keep 
records of all excursions from ranges approved under paragraph (e)(3) or 
(g)(1) of this section, including without limitation, the measured 
excursion, time and date of the excursion, duration of the excursion, 
time and date corrective action was initiated and completed, and nature 
of corrective action taken.
    (5) The owner or operator of the Astaris-Idaho facility shall keep 
records of:
    (i) The time, date, and duration of each pressure release from a 
furnace pressure relief vent (Table 1 of this section, source 24), the 
method of detecting the release, the results of the inspection required 
by paragraph (e)(7) of this section, and any actions taken to ensure 
resealing, including the time and date of such actions; and
    (ii) The time, date, and duration of the steaming and draining of 
the pressure relief vent drop tank.
    (6) The owner or operator of the Astaris-Idaho facility shall keep 
records of the time, date, and duration of each flaring of the emergency 
CO flares (Table 1 of this section, source 25) due to an emergency, the 
method of detecting the emergency, and all corrective action taken in 
response to the emergency.
    (7) Until January 1, 2001, the owner or operator of the Astaris-
Idaho facility shall keep records of the date and start/stop time of 
each mini-flush; the phossy water flow rate and outlet temperature 
immediately preceding the start time; whether the operating parameters 
for conducting the mini-flush set forth in paragraph (c)(5)(ii) of this 
section were met; and, if the parameters were not met, whether the 
failure to comply with the parameters was attributable to a malfunction 
or emergency.
    (8) The owner or operator of the Astaris-Idaho facility shall keep 
records of the application of dust suppressants to all storage piles, 
roads, staging areas, parking lots, and any other area, including the 
purchase of dust suppressants, the identification of the surface 
covered, type of dust suppressant used, the application rate (gallons 
per square foot), and date of application.
    (9) The owner or operator of the Astaris-Idaho facility shall keep 
records of the frequency of sweeping of all roads, staging areas, 
parking lots, and any other area, including the identification of the 
surface swept and date and duration of sweeping.
    (10) The owner or operator of the Astaris-Idaho facility shall keep 
the following records with respect to the main shale pile (Table 1 of 
this section, source 2) and emergency/contingency raw ore shale pile 
(Table 1 of this section, source 3):
    (i) The date and time of each reforming of the pile or portion of 
the pile.
    (ii) The date, time, and quantity of latex applied.
    (11) The owner or operator of the Astaris-Idaho facility shall keep 
a log for each control device of all inspections of and maintenance on 
the control device, including without limitation the following 
information:
    (i) The date, place, and time of the inspection or maintenance 
activity.
    (ii) The name and title of the person conducting the inspection or 
maintenance activity.
    (iii) The condition of the control device at the time.
    (iv) For any corrective action required by this section or the O&M 
plan or taken in response to a problem identified during an inspection 
required by this section or the O&M plan, the time

[[Page 752]]

and date corrective action was initiated and completed, and the nature 
of corrective action taken.
    (v) A description of, reason for, and the date of all maintenance 
activities, including without limitation any bag replacements.
    (vi) The reason any monitoring was not conducted on schedule, 
including a description of any monitoring malfunction, and the reason 
any required data was not collected.
    (12) The owner or operator of the Astaris-Idaho facility shall keep 
the following records:
    (i) The Method 9 initial certification and recertification for all 
individuals conducting visual emissions observations using Method 9 as 
required by this section.
    (ii) Evidence that all individuals conducting visual observations as 
required by this section meet the training guidelines described in 
section 1 of Method 22, 40 CFR part 60, appendix A.
    (13) The owner or operator of the Astaris-Idaho facility shall keep 
records on the type and quantity of fuel used in the boilers (Table 1 of 
this section, source 23), including without limitation the date of any 
change in the type of fuel used.
    (14) The owner or operator of the Astaris-Idaho facility shall keep 
records of the results of the daily monitoring of the water quality of 
the scrubber water in the calciner scrubbers (Table 1 of this section, 
source 9a) and the Medusa-Andersen furnace scrubbers (Table 1 of this 
section, sources 18d, 18e, 18f, and 18g) as specified in the O&M plan.
    (15) The owner or operator of the Astaris-Idaho facility shall keep 
records of the time, date, and duration of each damper vent opening for 
the furnace building east and west baghouses (Table 1 of this section, 
sources 18a and 18b), the reason for the damper vent opening, and all 
corrective action taken in response to the damper vent opening.
    (16) The owner or operator of the Astaris-Idaho facility shall keep 
a copy of all reports required to be submitted to EPA under paragraph 
(g) of this section.
    (17) All records required to be maintained by this section and 
records of all required monitoring data and support information shall be 
maintained on site at the Astaris-Idaho facility in a readily accessible 
location for a period of at least five years from the date of the 
monitoring sample, measurement, report, or record.
    (i) Such records shall be made available to EPA on request.
    (ii) Support information includes all calibration and maintenance 
records and all original strip chart recordings for continuous 
monitoring instrumentation.
    (g) Reporting requirements. (1) The owner or operator of the 
Astaris-Idaho facility shall submit to EPA, for each of the operating 
parameters required to be continuously monitored pursuant to paragraphs 
(e)(2), (e)(4), (e)(5), (e)(6), and (e)(7) of this section, a proposed 
range of operation, including a proposed averaging period, and 
documentation demonstrating that operating the source within the 
proposed range will assure compliance with applicable emission 
limitations and work practice requirements of this section.
    (i) The proposed parameter ranges shall be submitted within 210 days 
of August 23, 2000, for all sources except as follows:
    (A) A proposed parameter range for the pressure relief vents (Table 
1 of this section, source 24) shall be submitted within 90 days of 
August 23, 2000.
    (B) Proposed parameter ranges for the calciner scrubbers (Table 1 of 
this section, source 9a) and the excess CO burner (Table 1 of this 
section, source 26b) shall be submitted no later than the date by which 
the emission limitations become applicable to those sources under this 
section.
    (ii) A parameter range for each source shall be approved by EPA 
through the issuance of a title V operating permit to the Astaris-Idaho 
facility, or as a modification thereto. Until EPA approval of the 
acceptable range for a parameter for a source, the owner or operator of 
the Astaris-Idaho facility shall maintain and operate the source to stay 
within the proposed range for that source.
    (iii) If EPA determines at any time that the proposed or approved 
range does not adequately assure compliance

[[Page 753]]

with applicable emission limitations and work practice requirements, EPA 
may request additional information, request that revised parameter 
ranges and supporting documentation be submitted to EPA for approval, or 
establish alternative approved parameter ranges through the issuance of 
a title V operating permit to the Astaris-Idaho facility, or as a 
modification thereto.
    (iv) This requirement to submit proposed parameter ranges is in 
addition to and separate from any requirement to develop parameter 
ranges under 40 CFR part 64 (Compliance Assurance Monitoring rule). 
However, monitoring for any pollutant specific source that meets the 
design criteria of 40 CFR 64.3 and the submittal requirements of 40 CFR 
64.4 may be submitted to meet the requirements of this paragraph (g)(1).
    (2) The owner or operator of Astaris-Idaho shall submit to EPA a bi-
monthly report covering the preceding two calendar months (e.g., 
January-February, March-April). Such report shall be submitted 15 days 
after the end of each two month period, with the last such report 
covering the period of November and December 2000. The report shall 
include the following:
    (i) The date and start/stop time of each mini-flush; the phossy 
water flow rate and outlet temperature immediately preceding the start 
time; and a ``Yes/No'' column indicating whether the operating 
parameters for conducting the mini-flush set forth in paragraph 
(c)(5)(ii) of this section were met.
    (ii) For any ``No'' entry, an indication of whether the failure to 
comply with the parameters was attributable to a malfunction and, if so, 
the date and time of notification to EPA of the malfunction and a copy 
of the contemporaneous record described in paragraph (c)(5)(ii) of this 
section.
    (iii) For each month, the total mini-flush time in minutes, the 
number of operating days for the secondary condenser, and the average 
minutes per operating day.
    (3) The owner or operator of the Astaris-Idaho facility shall submit 
to EPA a semi-annual report of all monitoring required by this section 
covering the six month period from January 1 through June 30 and July 1 
through December 31 of each year. Such report shall be submitted 30 days 
after the end of such six month period.
    (i) The semiannual report shall:
    (A) Identify each time period (including the date, time, and 
duration) during which a visible emissions observation or PM-10 
emissions measurement exceeded the applicable emission limitation and 
state what actions were taken to address the exceedence. If no action 
was taken, the report shall state the reason that no action was taken.
    (B) Identify each time period (including the date, time, and 
duration) during which there was an excursion of a monitored parameter 
from the approved range and state what actions were taken to address the 
excursion. If no action was taken, the report shall state the reason 
that no action was taken.
    (C) Identify each time period (including the date, time, and 
duration) during which there was an excursion above the opacity action 
level and state what actions were taken to address the excursion. If no 
action was taken, the report shall state the reason that no action was 
taken.
    (D) Identify each time period (including date, time and duration) of 
each flaring of the emergency CO flares (Table 1 of this section, source 
25) due to an emergency and state what actions were taken to address the 
emergency. If no action was taken, the report shall state the reason 
that no action was taken.
    (E) Identify each time period (including date, time and duration) of 
each pressure release from a pressure relief vent (Table 1 of this 
section, source 24) and state what actions were taken to address the 
pressure release. If no action was taken, the report shall state the 
reason that no action was taken.
    (F) Include a summary of all monitoring required under this section.
    (G) Include a copy of the source test report for each performance 
test conducted in accordance with paragraph (e)(1) of this section.
    (H) Describe the status of compliance with this section for the 
period covered by the semi-annual report, the methods or other means 
used for determining the compliance status, and whether

[[Page 754]]

such methods or means provide continuous or intermittent data.
    (1) Such methods or other means shall include, at a minimum, the 
monitoring, record keeping, and reporting required by this section.
    (2) If necessary, the owner or operator of Astaris-Idaho shall also 
identify any other material information that must be included in the 
report to comply with section 113(c)(2) of the Clean Air Act, which 
prohibits making a knowing false certification or omitting material 
information.
    (3) The determination of compliance shall also take into account any 
excursions from the required parameter ranges reported pursuant to 
paragraph (g)(3)(i)(B) of this section.
    (ii) Each semi-annual report submitted pursuant to this paragraph 
shall contain certification by a responsible official, as defined in 40 
CFR 71.2, of truth, accuracy and completeness. Such certification shall 
state that, based on information and belief formed after reasonable 
inquiry, the statements and information in the documents are true, 
accurate, and complete.
    (4) The owner or operator of the Astaris-Idaho facility shall notify 
EPA by telephone or facsimile within 48 hours of the beginning of each 
flaring of the emergency CO flares (Table 1 of this section, source 25) 
due to an emergency.
    (5)(i) For emissions that continue for more than two hours in excess 
of the applicable emissions limitation, the owner or operator of the 
Astaris-Idaho facility shall notify EPA by telephone or facsimile within 
48 hours. A written report containing the following information shall be 
submitted to EPA within ten working days of the occurrence of the excess 
emissions:
    (A) The identity of the stack and/or other source where excess 
emissions occurred.
    (B) The magnitude of the excess emissions expressed in the units of 
the applicable emissions limitation and the operating data and 
calculations used in determining the magnitude of the excess emissions.
    (C) The time and duration or expected duration of the excess 
emissions.
    (D) The identity of the equipment causing the excess emissions.
    (E) The nature and probable cause of such excess emissions.
    (F) Any corrective action or preventative measures taken.
    (G) The steps taken or being taken to limit excess emissions.
    (ii) Compliance with this paragraph is required even in cases where 
the owner or operator of the Astaris-Idaho facility does not seek to 
establish an affirmative defense of startup, shutdown, malfunction, or 
emergency under paragraphs (c)(8) or (c)(9) of this section.
    (6) The owner or operator of Astaris-Idaho shall notify EPA if it 
uses any fuel other than natural gas in the boilers (Table 1 of this 
section, source 23) within 24 hours of commencing use of such other 
fuel.
    (7) All reports and notices submitted under this section shall be 
submitted to EPA at the addresses set forth below: U.S. Environmental 
Protection Agency, Region 10, State and Tribal Programs Unit, Re: 
Astaris-Idaho FIP, Office of Air Quality, OAQ 107, 1200 Sixth Avenue, 
Seattle, Washington 98101, (206) 553-1189, Fax: 206-553-0404.
    (8) The owner or operator of the Astaris-Idaho facility shall submit 
a copy of each report, notice, or other document submitted to EPA under 
this section contemporaneously to the Shoshone-Bannock Tribes at the 
following address: Shoshone-Bannock Tribes, Air Quality Program, Land 
Use Department, P.O. Box 306, Fort Hall, Idaho, 83203, telephone (208) 
478-3853; fax (208) 237-9736. The owner or operator of the Astaris-Idaho 
facility shall also provide contemporaneously to the Tribes notice by 
telephone in the event notice by telephone is provided to EPA under this 
section.
    (h) Title V Permit. (1) Additional monitoring, work practice, record 
keeping, and reporting requirements may be included in the title V 
permit for the Astaris-Idaho facility to assure compliance with the 
requirements of this section.
    (2)(i) A requirement of paragraph (e), (f), or (g) of this section 
may be revised through issuance or renewal of a title V operating permit 
by EPA to the Astaris-Idaho facility under 40 CFR

[[Page 755]]

part 71 or through a significant permit modification thereto, provided 
that:
    (A) Any alternative monitoring, record keeping, or reporting 
requirements that revise requirements of paragraphs (e), (f), or (g) of 
this section:
    (1) Are sufficient to yield reliable data from the relevant time 
period that are representative of the source's compliance with the 
requirements of paragraph (c) of this section; and
    (2) Provide no less compliance assurance than the requirements of 
paragraphs (e), (f), or (g) of this section that the alternative 
requirements would replace.
    (B) In the event the alternative monitoring, record keeping, or 
reporting requirements are requested by the owner or operator of the 
Astaris-Idaho facility, Astaris-Idaho's application for its title V 
operating permit or significant permit modification must include:
    (1) The proposed alternative monitoring, record keeping, or 
reporting permit terms or conditions;
    (2) The specific provisions of paragraphs (e), (f), or (g) of this 
section the owner or operator of the Astaris-Idaho facility is seeking 
to revise; and
    (3) The supporting documentation to establish that the alternative 
permit terms or conditions meet the requirements of paragraph 
(h)(2)(i)(A) of this section.
    (C) The draft and final title V operating permit or significant 
permit modification identifies the specific provisions of paragraphs 
(e), (f), or (g) of this section being revised;
    (D) In the event a revision to paragraphs (e), (f), or (g) of this 
section is accomplished through a significant modification to Astaris-
Idaho's title V operating permit, it is accomplished using the 
significant permit modification procedures of 40 CFR part 71; and
    (ii) Upon issuance or renewal of Astaris-Idaho's title V permit or a 
significant permit modification thereto that revises a requirement of 
paragraphs (e), (f), or (g) of this section, the revision shall remain 
in effect as a requirement of this section not withstanding expiration, 
termination, or revocation of Astaris-Idaho's title V operating permit.
    (i) Compliance schedule. Except as otherwise provided in this 
section, the owner or operator of the Astaris-Idaho facility shall 
comply with the requirements of this section within 90 days of August 
23, 2000.

                                           Table 1 to Sec. 49.10711
----------------------------------------------------------------------------------------------------------------
                                                                     III  Emission
            I  Source No.               II  Source description    limitations and work      IV  Reference test
                                                                 practice requirements            method
----------------------------------------------------------------------------------------------------------------
1....................................  Railcar unloading of     Opacity shall not        Method 9.
                                        shale (ore) into         exceed 10% over a 6
                                        underground hopper.      minute average.
2....................................  Main shale pile          Opacity shall not
                                        (portion located on      exceed 10% over a 6
                                        Fort Hall Indian         minute average.
                                        Reservation).
                                                                Latex shall be applied   Method 9.
                                                                 after each reforming
                                                                 of pile or portion of
                                                                 pile.
3....................................  Emergency/contingency    Opacity shall not        Method 9.
                                        raw ore shale pile.      exceed 10% over a 6
                                                                 minute average.
                                                                Latex shall be applied
                                                                 after each reforming
                                                                 of pile or portion of
                                                                 pile.
4....................................  Stacker and reclaimer..  Opacity shall not        Method 9.
                                                                 exceed 10% over a 6
                                                                 minute average.
5a...................................  East shale baghouse....  a. Emissions shall not   a. Methods 201/201A.
                                                                 exceed 0.10 lb. PM-10/
                                                                 hr (excluding
                                                                 condensible PM-10).
                                                                Opacity shall not        Method 9.
                                                                 exceed 10% over a 6
                                                                 minute average.
5b...................................  East shale baghouse      b. Opacity shall not     b. Method 9.
                                        building.                exceed 10% over a 6
                                                                 minute average from
                                                                 any portion of the
                                                                 building.
6a...................................  Middle shale baghouse..  a. Emissions shall not   a. Methods 201/201A.
                                                                 exceed 0.50 lb. PM-10/
                                                                 hr (excluding
                                                                 condensible PM-10).
                                                                Opacity shall not        Method 9.
                                                                 exceed 10% over a 6
                                                                 minute average.
6b...................................  Middle shale baghouse    b. Opacity shall not     b. Method 9.
                                        building.                exceed 10% over a 6
                                                                 minute average from
                                                                 any portion of the
                                                                 building.

[[Page 756]]


6c...................................  Middle shale baghouse    c. Opacity shall not     c. Method 9.
                                        outside capture hood--   exceed 10% over a 6
                                        fugitive emissions.      minute average.
7a...................................  West shale baghouse....  a. Emissions shall not   a. Methods 201/201A.
                                                                 exceed 0.50 lb. PM-10/
                                                                 hr (excluding
                                                                 condensible PM-10).
                                                                Opacity shall not        Method 9.
                                                                 exceed 10% over a 6
                                                                 minute average.
7b...................................  West shale baghouse      b. Opacity shall not     b. Method 9.
                                        building.                exceed 10% over a 6
                                                                 minute average from
                                                                 any portion of the
                                                                 building.
7c...................................  West shale baghouse      c. Opacity shall not     c. Method 9.
                                        outside capture hood--   exceed 10% over a 6
                                        fugitive emissions.      minute average.
8a...................................  a. Slag handling: slag   a. Until November 1,     .......................
                                        pit area and pot rooms.  2000, emissions from
                                                                 the slag pit area and
                                                                 the pot rooms shall be
                                                                 exempt from opacity
                                                                 limitations.
                                                                Effective November 1,    Method 9.
                                                                 2000, opacity of
                                                                 emissions in the slag
                                                                 pit area and from pot
                                                                 rooms shall not exceed
                                                                 10% over a 6 minute
                                                                 average. Exemption:
                                                                 Fuming of molten slag
                                                                 in transport pots
                                                                 during transport are
                                                                 exempt provided the
                                                                 pots remain in the pot
                                                                 room for at least 3
                                                                 minutes after the flow
                                                                 of molten slag to the
                                                                 pots has ceased.
                                                                See also 40 CFR          .......................
                                                                 49.10711(c)(4).
8b...................................  b. Recycle material      b. Opacity shall not     b. Method 9.
                                        pile.                    exceed 10% over a 6
                                                                 minute average.
8c...................................  c. Dump to slag pile...  c. Fuming of molten      .......................
                                                                 slag during dump to
                                                                 slag pile shall be
                                                                 exempt from opacity
                                                                 limitations.
9a...................................  Calciner scrubbers.....  Effective December 1,    Method 5 (all
                                                                 2000: The calciner       particulate collected
                                                                 scrubbing chain (air     shall be counted as PM-
                                                                 pollution control        10) and Method 202 at
                                                                 equipment) shall         the scrubber outlet.
                                                                 achieve an overall       Method 201A and Method
                                                                 control efficiency \1\   202 at the inlet to
                                                                 of at least 90% for PM-  the scrubber systems.
                                                                 10 (including
                                                                 condensible PM-10)
                                                                 when inlet loadings
                                                                 equal or exceed 0.150
                                                                 grains per dry
                                                                 standard cubic foot.
                                                                The arithmetic average   Method 5 (all
                                                                 of the emission          particulate collected
                                                                 concentration from the   shall be counted as PM-
                                                                 four stacks associated   10).
                                                                 with each calciner
                                                                 shall not exceed
                                                                 0.0080 grains per dry
                                                                 standard cubic foot PM-
                                                                 10 (excluding
                                                                 condensible PM-10) \2\.
                                                                The arithmetic average   Method 5 (all
                                                                 of the emission          particulate collected
                                                                 concentration from the   shall be counted as PM-
                                                                 four stacks associated   10) and Method 202 at
                                                                 with each calciner       the scrubber outlet.
                                                                 shall not exceed
                                                                 0.0180 grains per dry
                                                                 standard cubic foot PM-
                                                                 10 (including
                                                                 condensible PM-10) \2\.
                                       Calciner scrubbers.....  Total gas flow rate      Method 2.
                                                                 through any one outlet
                                                                 stack shall not exceed
                                                                 40,800 dry standard
                                                                 cubic feet per minute.
                                                                The calciner scrubbers   .......................
                                                                 shall be exempt from
                                                                 opacity limitations.
9b...................................  Calciner traveling       b. Opacity shall not     Method 9.
                                        grate--fugitive          exceed 10% over a 6
                                        emissions.               minute average.
10...................................  Calciner cooler vents..  Emissions from any one   Methods 201/201A.
                                                                 calciner cooler vent
                                                                 shall not exceed 4.40
                                                                 lb. PM-10/hr
                                                                 (excluding condensible
                                                                 PM-10).
                                                                Opacity shall not        Method 9.
                                                                 exceed 10% over a 6
                                                                 minute average.
11...................................  Nodule pile............  Opacity shall not        Method 9.
                                                                 exceed 20% over a 6
                                                                 minute average.
12a..................................  North nodule discharge   a. Emissions shall not   a. Methods 201/201A.
                                        baghouse.                exceed 0.20 lb. PM-10/
                                                                 hr (excluding
                                                                 condensible PM-10).
                                                                Opacity shall not        Method 9.
                                                                 exceed 10% over a 6
                                                                 minute average.
12b..................................  South nodule discharge   b. Emissions shall not   b. Methods 201/201A.
                                        baghouse.                exceed 0.20 lb. PM-10/
                                                                 hr (excluding
                                                                 condensible PM-10).
                                                                Opacity shall not        Method 9.
                                                                 exceed 10% over a 6
                                                                 minute average.

[[Page 757]]


12c..................................  North and south nodule   c. Opacity shall not     c. Method 9.
                                        discharge baghouse       exceed 10% over a 6
                                        outside capture hood--   minute average.
                                        fugitive emissions.
13...................................  Nodule reclaim baghouse  a. Emissions shall not   Methods 201/201A.
                                                                 exceed 0.90 lb. PM-10/
                                                                 hr (excluding
                                                                 condensible PM-10).
                                                                Opacity shall not        Method 9.
                                                                 exceed 10% over a 6
                                                                 minute average.
14...................................  Screened shale fines     Opacity shall not        Method 9.
                                        pile adjacent to the     exceed 20% over a 6
                                        West shale building.     minute average.
                                       Proportioning building
15a..................................  a. East nodule baghouse  a. Emissions shall not   a. Methods 201/201A.
                                                                 exceed 0.60 lb. PM-10/
                                                                 hr (excluding
                                                                 condensible PM-10).
                                                                Opacity shall not        Method 9.
                                                                 exceed 10% over a 6
                                                                 minute average.
15b..................................  b. West nodule baghouse  b. Emissions shall not   b Methods 201/201A .
                                                                 exceed 0.30 lb. PM-10/
                                                                 hr (excluding
                                                                 condensible PM-10).
                                                                Opacity shall not        Method 9
                                                                 exceed 10% over a 6
                                                                 minute average.
15c..................................  c. Proportioning         c. Opacity shall not     c. Method 9.
                                        building--fugitive       exceed 10% over a 6
                                        emissions.               minute average from
                                                                 any portion of the
                                                                 building.
16a..................................  Nodule stockpile         a. Emissions shall not   a. Methods 201/201A.
                                        baghouse.                exceed 0.30 lb. PM-10/
                                                                 hr (excluding
                                                                 condensible PM-10).
                                                                Opacity shall not        Method 9.
                                                                 exceed 10% over a 6
                                                                 minute average.
16b..................................  Nodule stockpile         b. Opacity shall not     b. Method 9.
                                        baghouse outside         exceed 10% over a 6
                                        capture hood--fugitive   minute average.
                                        emissions.
17a..................................  Dust silo baghouse.....  a. Emissions shall not   a. Methods 201/201A.
                                                                 exceed 0.150 lb. PM-10/
                                                                 hr(excluding
                                                                 condensible PM-10).
                                                                Opacity shall not        Method 9.
                                                                 exceed 10% over a 6
                                                                 minute average.
17b..................................  Dust silo fugitive       b. Opacity shall not     b. Method 9.
                                        emissions and            exceed 10% over a 6
                                        pneumatic dust           minute average from
                                        handling system.         any portion of the
                                                                 dust silo or pneumatic
                                                                 dust handling system.
                                       Furnace building
18a..................................  a. East baghouse.......  a. Emissions shall not   a. Methods 201/201A.
                                                                 exceed 0.80 lb. PM-10/
                                                                 hr (excluding
                                                                 condensible PM-10).
                                                                Opacity shall not        Method 9.
                                                                 exceed 10% over a 6
                                                                 minute average.
18b..................................  b. West baghouse.......  b. Emissions shall not   b. Methods 201/201A.
                                                                 exceed 0.80 lb. PM-10/
                                                                 hr (excluding
                                                                 condensible PM-10).
                                                                Opacity shall not        Method 9.
                                                                 exceed 10% over a 6
                                                                 minute average.
18c..................................  c. Furnace building;     c. Until April 1, 2002,  c. Method 9.
                                        any emission point       opacity shall not
                                        except 18a, 18b, 18d,    exceed 20% over a 6
                                        18e, 18f, or 18g.        minute average.
                                                                Effective April 1,       Method 9.
                                                                 2002, opacity shall
                                                                 not exceed 10% over a
                                                                 6 minute average.
18d..................................  d. Furnace 1    d, e, f, g: Emissions    d, e, f, g: Methods 201/
                                        Medusa-Andersen.         from any one Medusa-     201A.
                                                                 Andersen stack shall
                                                                 not exceed 2.0 lb/hr
                                                                 (excluding condensible
                                                                 PM-10).
18e..................................  e. Furnace 2
                                        Medusa-Andersen.
18f..................................  f. Furnace 3    Opacity from any one     Method 9.
                                        Medusa-Andersen.         Medusa-Andersen shall
                                                                 not exceed 10% over a
                                                                 6 minute average.
18g..................................  g. Furnace 4
                                        Medusa-Anderson.
19...................................  Briquetting building...  Opacity shall not        Method 9.
                                                                 exceed 10% over a 6
                                                                 minute average from
                                                                 any portion of the
                                                                 building.
20a..................................  a. Coke handling         a. Emissions shall not   a. Methods 201/201A.
                                        baghouse.                exceed 1.70 lb. PM-10/
                                                                 hr (excluding
                                                                 condensible PM-10).
                                                                Opacity shall not        Method 9.
                                                                 exceed 10% over a 6
                                                                 minute average.
20b..................................  b. Coke unloading        b. Opacity shall not     b. Method 9.
                                        building.                exceed 10% over a 6
                                                                 minute average from
                                                                 any portion of the
                                                                 coke unloading
                                                                 building.
21a..................................  a. Phosphorous loading   Emissions shall not      a. Methods 201/201A.
                                        dock (phos dock),        exceed 0.0040 grains
                                        Andersen Scrubber.       per dry standard cubic
                                                                 foot PM-10 (excluding
                                                                 condensible PM-10).
                                                                Flow rate (throughput    Method 2.
                                                                 to the control device)
                                                                 shall not exceed
                                                                 manufacturer's design
                                                                 specification.

[[Page 758]]


                                                                Opacity shall not        Method 9.
                                                                 exceed 10% over a 6
                                                                 minute average.
21b..................................  b. Phosphorous loading   b. Opacity shall not     b. Method 9.
                                        dock--fugitive           exceed 10% over a 6
                                        emissions.               minute average.
22...................................  All roads..............  Opacity shall not        Method 9.
                                                                 exceed 20% over a 6
                                                                 minute average.
23...................................  Boilers................  Emissions from any one   Methods 201/201A.
                                                                 boiler shall not
                                                                 exceed 0.090 lb. PM-10/
                                                                 hr (excluding
                                                                 condensible PM-10).
                                                                Opacity from any one     Method 9.
                                                                 boiler shall not
                                                                 exceed 10% over a 6
                                                                 minute average.
24...................................  Pressure relief vents..  Opacity shall not        Method 9.
                                                                 exceed 10% over a 6
                                                                 minute average except:
                                                                (i) during a pressure    .......................
                                                                 release, as defined in
                                                                 40 CFR
                                                                 49.10711(e)(7)(ii),
                                                                 which shall be exempt
                                                                 from opacity limits;
                                                                 and.
                                                                (ii) during steaming     .......................
                                                                 and draining of the
                                                                 pressure relief vent
                                                                 drop tank, which shall
                                                                 occur no more than
                                                                 twice each day,
                                                                 opacity shall not
                                                                 exceed 20% over a 6
                                                                 minute average.
                                                                Pressure release point   Inspection of pressure
                                                                 shall be maintained at   relief vent and
                                                                 18 inches of water       monitoring device
                                                                 pressure at all times.
25...................................  Furnace CO emergency     Except during an         Method 9.
                                        flares.                  emergency flaring
                                                                 caused by an emergency
                                                                 as defined in 40 CFR
                                                                 49.10711(b), opacity
                                                                 shall not exceed 10%
                                                                 over a 6 minute
                                                                 average.
                                                                Emissions during an      .......................
                                                                 emergency flaring
                                                                 caused by an emergency
                                                                 are exempt from
                                                                 opacity limitations.
26a..................................  a. Existing elevated     a. See 40 CFR            .......................
                                        secondary condenser      49.10711(c)(5).
                                        flare and ground flare.
26b..................................  b. Excess CO burner (to  b. Effective January 1,  i. Methods 201/201A and
                                        be built to replace      2001: i. The control     Method 202 for the
                                        the existing elevated    efficiency \1\ of the    inlet (sampling
                                        secondary condenser      air pollution control    locations to be
                                        flare and ground         equipment shall          determined). Method
                                        flare).                  achieve an overall       201/201A (Method 5 if
                                                                 control efficiency of    gas stream contains
                                                                 at least 95% for PM-10   condensed water vapor)
                                                                 (including condensible   and Method 202 for the
                                                                 PM-10) when inlet        outlet.
                                                                 loadings equal or
                                                                 exceed 0.50 grains per
                                                                 dry standard cubic
                                                                 foot.
                                                                ii. Emissions from the   ii. Method 201/201A
                                                                 excess CO burner shall   (Method 5 if gas
                                                                 not exceed 24.0 lbs PM-  stream contains
                                                                 10/hr (including         condensed water vapor)
                                                                 condensible PM-10).      and Method 202 for the
                                                                                          outlet.
                                                                Effective January 1,     Method 9.
                                                                 2001, opacity shall
                                                                 not exceed 10% over a
                                                                 6 minute average.
----------------------------------------------------------------------------------------------------------------
\1\ The control efficiency (as a percentage) of the air pollution control equipment shall be determined by the
  following equation:
CE (%)=100 {1-([Fho+Bho]/[Fhi+Bhi]){time}
Where CE is the control efficiency
Fhi is the front half emissions for the inlet
Bhi is the back half emissions for the inlet
Fho is the sum of the front half emissions from each stack for the outlet
Bho is the sum of the back half emissions from each stack for the outlet
Inlet and all outlet stacks to be sampled simultaneously for required testing.
The individual source tests for the inlet and outlet to the emission control system shall be conducted
  simultaneously or within 3 hours of each other with the same operating conditions.
\2\ The individual source tests for the four stacks associated with each calciner shall be conducted
  simultaneously or within 3 hours of each other with the same operating conditions.


[[Page 759]]


                                           Table 2 to Sec. 49.10711
----------------------------------------------------------------------------------------------------------------
                                                                  III   Opacity action      IV  Reference test
            I  Source No.               II  Source description           level                    method
----------------------------------------------------------------------------------------------------------------
1....................................  Railcar unloading of     Any visible emissions..  Visual observation.
                                        shale (ore) into
                                        underground hopper.
2....................................  Main shale pile          Any visible emissions..  Visual observation.
                                        (portion located on
                                        Fort Hall Indian
                                        Reservation).
3....................................  Emergency/contingency    Any visible emissions..  Visual observation.
                                        raw ore shale pile.
4....................................  Stacker and reclaimer..  Any visible emissions..  Visual observation.
5a...................................  East shale baghouse....  a. 5% over a 6 minute    a. Method 9.
                                                                 average.
5b...................................  East shale baghouse      b. Any visible           b. Visual observation.
                                        building.                emissions.
6a...................................  Middle shale baghouse..  a. 5% over a 6 minute    a. Method 9.
                                                                 average.
6b...................................  Middle shale baghouse    b. Any visible           b. Visual observation.
                                        building.                emissions.
6c...................................  Middle shale baghouse    c. 5% over a 6 minute    c. Method 9.
                                        outside capture hood--   average.
                                        fugitive emissions.
7a...................................  West shale baghouse....  a. 5% over a 6 minute    a. Method 9.
                                                                 average.
7b...................................  West shale baghouse      b. Any visible           b. Visual observation.
                                        building.                emissions.
7c...................................  West shale baghouse      c. 5% over a 6 minute    c. Method 9.
                                        outside capture hood--   average.
                                        fugitive emissions.
8a...................................  a. Slag handling: slag   a. Until November 1,     Method 9.
                                        pit area and pot rooms.  2000, emissions from
                                                                 the slag pit area and
                                                                 the pot rooms shall be
                                                                 exempt from opacity
                                                                 limits and opacity
                                                                 action levels.
                                                                Effective November 1,
                                                                 2000, the opacity
                                                                 action level for this
                                                                 source shall be 5%
                                                                 over a 6 minute
                                                                 average.
                                                                Exemption: Fuming of
                                                                 molten slag in
                                                                 transport pots during
                                                                 transport are exempt
                                                                 from opacity limits
                                                                 and opacity action
                                                                 levels provided the
                                                                 pots remain in the pot
                                                                 room for at least 3
                                                                 minutes after the flow
                                                                 of molten slag to the
                                                                 pots has ceased.
8b...................................  b. Recycle material      b. Any visible           b. Visual observation.
                                        pile.                    emissions.
8c...................................  c. Dump to slag pile...  c. Fuming of molten
                                                                 slag during dump to
                                                                 slag pile shall be
                                                                 exempt from opacity
                                                                 limits and opacity
                                                                 action levels.
9a...................................  Calciner scrubbers.....  a. The calciner
                                                                 scrubbers shall be
                                                                 exempt from opacity
                                                                 limits and opacity
                                                                 action levels.
9b...................................  Calciner traveling       b. 5% over a 6 minute
                                        grate--fugitive          average.
                                        emissions.
10...................................  Calciner cooler vents..  5% over a 6 minute       Method 9.
                                                                 average.
11...................................  Nodule pile............  10% over a 6 minute      Method 9.
                                                                 average.
12a..................................  North nodule discharge   a. 5% over a 6 minute    a. Method 9.
                                        baghouse.                average.
12b..................................  South nodule discharge   b. 5% over a 6 minute    b. Method 9.
                                        baghouse.                average.
12c..................................  North and south nodule   c. 5% over a 6 minute    c. Method 9.
                                        discharge baghouse       average.
                                        outside capture hood--
                                        fugitive emissions.
13...................................  Nodule reclaim baghouse  5% over a 6 minute       Method 9.
                                                                 average.
14...................................  Screened shale fines     10% over a 6 minute      Method 9.
                                        pile adjacent to the     average.
                                        West shale building.
                                       Proportioning building.
15a..................................  a. East nodule baghouse  a. 5% over a 6 minute    a. Method 9.
                                                                 average..
15b..................................  b. West nodule baghouse  b. 5% over a 6 minute    b. Method 9.
                                                                 average.
15c..................................  c. Proportioning         c. Any visible           c. Visual observation.
                                        building--fugitive       emissions.
                                        emissions.
16a..................................  Nodule stockpile         a. 5% over a 6 minute    a. Method 9.
                                        baghouse.                average.
16b..................................  Nodule stockpile         b. 5% over a 6 minute    b. Method 9.
                                        baghouse outside         average.
                                        capture hood--fugitive
                                        emissions.
17a..................................  Dust silo baghouse.....  a. 5% over a 6 minute    a. Method 9.
                                                                 average.
17b..................................  Dust silo fugitive       b. Any visible           b. Visual observation.
                                        emissions and            emissions.
                                        pneumatic dust
                                        handling system.
                                       Furnace building.......
18a..................................  a. East baghouse.......  a. 5% over a 6 minute    a. Method 9.
                                                                 average.
18b..................................  b. West baghouse.......  b. 5% over a 6 minute    b. Method 9.
                                                                 average.
18c..................................  c. Furnace building;     c. Until April 1, 2002,  c. Method 9.
                                        any emission point       10% over a 6 minute
                                        except 18a, 18b, 18d,    average.
                                        18e, 18f, or 18g.

[[Page 760]]


                                                                Effective April 1,       Method 9.
                                                                 2002, 5% over a 6
                                                                 minute average.
18d..................................  d. Furnace 1    d, e, f, g: 5% over a 6  d, e, f, g: Method 9.
                                        Medusa-Andersen.         minute average.
18e..................................  e. Furnace 2
                                        Medusa-Andersen.
18f..................................  f. Furnace 3
                                        Medusa-Andersen.
18g..................................  g. Furnace 4
                                        Medusa-Anderson.
19...................................  Briquetting building...  Any visible emissions..  Visual observation.
20a..................................  a. Coke handling         a. 5% over a 6 minute    a. Method 9.
                                        baghouse.                average.
20b..................................  b. Coke unloading        b. Any visible           b.Visual observation.
                                        building.                emissions.
 21a.................................  Phosphorous loading      a. 5% over a 6 minute    Method 9.
                                        dock (phos dock),        average.
                                        Andersen Scrubber.
21b..................................  b. Phosphorous loading   b. 5% over a 6 minute    b. Method 9.
                                        dock--fugitive           average.
                                        emissions.
 22..................................  All roads..............  10% over a 6 minute      Method 9.
                                                                 average.
 23..................................  Boilers................  5% over a 6 minute       Method 9.
                                                                 average.
 24..................................  Pressure relief vents..  5% over a 6 minute       Method 9.
                                                                 average.
 25..................................  Furnace CO emergency     Any visible emissions    Visual observation.
                                        flares.                  except during an
                                                                 emergency flaring
                                                                 caused by an emergency
                                                                 as defined in 40 CFR
                                                                 49.10711(b).
                                                                Emissions during an
                                                                 emergency flaring
                                                                 caused by an emergency
                                                                 are exempt from
                                                                 opacity limits and
                                                                 opacity action levels.
 26a.................................  a. Existing elevated     a. Exempt from opacity
                                        secondary condenser      limits and opacity
                                        flare and ground flare.  action levels.
 26b.................................  b. Excess CO burner (to  5% over a 6 minute       Method 9.
                                        be built to replace      average.
                                        the elevated secondary
                                        condenser flare and
                                        ground flare).
----------------------------------------------------------------------------------------------------------------