Separate Parts In This Issue Part II Environmental Protection Agency,

 
CONTENT

[Federal Register: April 16, 2003 (Volume 68, Number 73)]

[Rules and Regulations]

[Page 18729-18785]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr16ap03-11]

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Part II

Environmental Protection Agency

40 CFR Part 63

National Emission Standards for Hazardous Air Pollutants for Refractory Products Manufacturing; Final Rule

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[OAR-2002-0088, FRL-7462-6]

RIN 2060-AG68

National Emission Standards for Hazardous Air Pollutants for Refractory Products Manufacturing

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

SUMMARY: This action promulgates national emission standards for hazardous air pollutants (NESHAP) for new and existing refractory products manufacturing facilities and implements section 112(d) of the Clean Air Act (CAA) by requiring all major sources to meet HAP emission standards reflecting the application of maximum achievable control technology (MACT). The final rule will protect air quality and promote the public health by reducing emissions of several of the HAP listed in section 112(b)(1) of the CAA, including ethylene glycol, formaldehyde, hydrogen fluoride (HF), hydrochloric acid (HCl), methanol, phenol, and polycyclic organic matter (POM). Exposure to these substances has been demonstrated to cause adverse health effects such as irritation of the lung, skin, and mucous membranes, effects on the central nervous system, and damage to the liver, kidneys, and skeleton. The EPA has classified the HAP formaldehyde and POM as probable human carcinogens. The final rule will reduce nationwide emissions of HAP from these facilities by an estimated 124 megagrams per year (Mg/yr) (137 tons per year (tpy)).

EFFECTIVE DATE: April 16, 2003.

ADDRESSES: Docket No. OAR-2002-0088 contains supporting information used in developing the final rule. The docket is located at the Air and Radiation Docket and Information Center in the EPA Docket Center, (EPA/ DC), EPA West, Room B102, 1301 Constitution Avenue, NW, Washington, DC 20460, telephone (202) 566-1744.

FOR FURTHER INFORMATION CONTACT: Ms. Susan Fairchild, U.S. EPA, Office of Air Quality Planning and Standards, Emission Standards Division, Minerals and Inorganic Chemicals Group, (C504-05), Research Triangle Park, NC 27711, telephone number (919) 541-5167, electronic mail address fairchild.susan@epa.gov. SUPPLEMENTARY INFORMATION:

Regulated Entities. Categories and entities potentially regulated by this action include those listed in the following table:

Examples of regulated Category

NAICS

entities

Industrial....................... 327124 Clay refractories manufacturing plants. Industrial....................... 327125 Nonclay refractories manufacturing plants.

This table is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be regulated by this action. To determine whether your facility is regulated by this action, you should examine the applicability criteria in Sec. 63.9782 of today's final rule. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed in the preceding FOR FURTHER INFORMATION CONTACT section.

Electronic Docket (E-Docket). The EPA has established an official public docket for this action under Docket ID No. OAR-2002-0088. The official public docket is the collection of materials that is available for public viewing in the Refractory Products Manufacturing NESHAP Docket at the Air and Radiation Docket and Information Center in the EPA Docket Center, (EPA/DC), EPA West, Room B102, 1301 Constitution Avenue, NW., Washington, DC 20460. The Docket Center is open from 8:30 a.m. to 5:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is (202) 566-1744, and the telephone number for the Air Docket is (202) 566-1742.

Electronic Access. An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public comments, access the index of the contents of the official public docket, and access those documents in the public docket that are available electronically. Once in the system, select ``search'' and key in the appropriate docket identification number.

Certain types of information will not be placed in the EPA Dockets. Information claimed as confidential business information and other information whose disclosure is restricted by statute, which are not included in the official public docket, will not be available for public viewing in EPA's electronic public docket. The EPA's policy is that copyrighted material will not be placed in EPA's electronic public docket but will be available only in printed, paper form in the official public docket. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in this document.

Worldwide Web (WWW). In addition to being available in the docket, an electronic copy of today's document also will be available on the WWW. Following the Administrator's signature, a copy of this action will be posted at http://www.epa.gov/ttn/oarpg on EPA's Technology Transfer Network (TTN) policy and guidance page for newly proposed or promulgated rules. The TTN provides information and technology exchange in various areas of air pollution control. If more information regarding the TTN is needed, call the TTN HELP line at (919) 541-5384.

Judicial Review. Under section 307(b)(1) of the CAA, judicial review of the final rule is available only by filing a petition for review in the U.S. Court of Appeals for the District of Columbia Circuit by June 16, 2003. Under section 307(d)(7)(B) of the CAA, only an objection to the final rule that was raised with reasonable specificity during the period for public comment can be raised during judicial review. Moreover, under section 307(b)(2) of the CAA, the requirements established by the final rule may not be challenged separately in any civil or criminal proceedings brought by EPA to enforce these requirements.

Outline. The information presented in this preamble is organized as follows:

  1. Background and Public Participation

    1. What Is the Source of Authority for Development of NESHAP?

    2. What Criteria Are Used in the Development of NESHAP?

    3. How Was the Rule Developed? II. Summary of the Final Rule

    4. What Source Category Is Affected by the Final Rule?

    5. What Are the Affected Sources?

    6. What Are the Emission Limits?

    7. What Are the Operating Limits?

    8. What Are the Work Practice Standards?

    9. What Are the Testing and Initial Compliance Requirements for Sources Subject to Emission Limits?

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    10. What Are the Initial Compliance Requirements for Sources Subject to a Work Practice Standard?

    11. What Are the Continuous Compliance Requirements for Sources Subject to Emission Limits?

  2. What Are the Continuous Compliance Requirements for Sources Subject to a Work Practice Standard?

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

    2. What Are the Compliance Deadlines? III. Summary of Major Changes Since Proposal

    3. Emission Limits and Work Practice Standards

    4. Compliance Testing

    5. Control Device Monitoring and Operation

    6. Definitions IV. Summary of Responses to Major Comments

    7. MACT Floors

    8. Emission Limits

    9. Compliance Testing and Monitoring

    10. Economic and Environmental Impacts

    11. Definitions V. Summary of Impacts

    12. What Are the Health Impacts?

    13. What Are the Air Emission Reduction Impacts?

    14. What Are the Cost Impacts?

    15. What Are the Economic Impacts?

    16. What Are the Non-Air Quality Environmental and Energy Impacts? VI. Statutory and Executive Order Reviews

    17. Executive Order 12866: Regulatory Planning and Review

    18. Paperwork Reduction Act

    19. Regulatory Flexibility Act

    20. Unfunded Mandates Reform Act

    21. Executive Order 13132: Federalism

    22. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments

    23. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks

    24. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use

  3. National Technology Transfer and Advancement Act

    1. Congressional Review Act

  4. Background and Public Participation

    1. What is the Source of Authority for Development of NESHAP?

      Section 112 of the CAA requires us to list categories and subcategories of major sources and area sources of HAP and to establish NESHAP for the listed source categories and subcategories. Major sources of HAP are those that have the potential to emit greater than 10 tpy of any one HAP or 25 tpy of any combination of HAP. The category of major sources covered by the final rule was listed as Chromium Refractories Production on July 16, 1992 (57 FR 31576).

      Section 112(c) of the CAA allows EPA to revise the source category list at any time. After obtaining information from chromium refractories manufacturing plants that indicated that some facilities were major sources due to HAP emissions from the manufacturing of nonchromium refractories, we decided to expand the scope of the source category to include most manufacturers of refractory products. On November 18, 1999, we revised the source category name from Chromium Refractories Production to Refractories Manufacturing (64 FR 63025) to reflect the broadened scope of the source category. At proposal (67 FR 42108, June 20, 2002), we changed the source category name from Refractories Manufacturing to Refractory Products Manufacturing to further clarify the source category.

    2. What Criteria Are Used in the Development of NESHAP?

      Section 112 of the CAA requires that we establish NESHAP for the control of HAP from both new and existing major sources. The CAA requires the NESHAP to reflect the maximum degree of reduction in emissions of HAP that is achievable. This level of control is commonly referred to as MACT.

      The MACT floor is the minimum control level allowed for NESHAP and is defined under section 112(d)(3) of the CAA. In essence, the MACT floor ensures that the standards are set at a level that assures that all major sources achieve the level of control at least as stringent as that already achieved by the better-controlled and lower-emitting sources in each source category or subcategory. For new sources, the MACT floor cannot be less stringent than the emission control that is achieved in practice by the best-controlled similar source. The MACT standards for existing sources can be less stringent than standards for new sources, but they cannot be less stringent than the average emission limitation achieved by the best-performing 12 percent of existing sources in the category or subcategory (or the best-performing five sources for categories or subcategories with fewer than 30 sources).

      In developing MACT, we also consider control options that are more stringent than the floor. We may establish standards more stringent than the floor based on the consideration of the cost of achieving the emissions reductions, any non-air quality health and environmental impacts, and energy requirements.

    3. How Was the Rule Developed?

      We proposed the standards for refractory products manufacturing on June 20, 2002 (67 FR 42108). The public comment period lasted from June 20, 2002 to August 19, 2002. Industry representatives, regulatory agencies, environmental groups, and the general public were given the opportunity to comment on the proposed rule and to provide additional information during the public comment period. We offered at proposal the opportunity for oral presentation of data, views, or arguments concerning the proposed rule at a public hearing. One organization requested a public hearing, but it later withdrew the request, and a hearing was not held.

      We received a total of eight public comments on the proposed rule. Comments were submitted by three industry trade associations, two refractory products manufacturing companies, and two other companies. One trade association submitted two sets of comments. The final rule reflects our full consideration of all of the comments received. Major public comments on the proposed rule, along with our responses to those comments, are summarized in this preamble.

  5. Summary of the Final Rule

    1. What Source Category Is Affected by the Final Rule?

      Today's final rule applies to the Refractory Products Manufacturing source category. This source category includes, but is not limited to, any facility that manufactures refractory bricks and shapes that are produced using an organic HAP compound, pitch-impregnated refractory products, fired chromium refractory products, and fired clay refractory products. Fired refractory products are those that have undergone thermal processing in a kiln.

    2. What Are the Affected Sources?

      Today's final rule establishes emission limitations (emission limits and operating limits) and work practice standards for several types of refractory products manufacturing sources. Table 1 of this preamble lists the affected sources that will be subject to today's final rule.

      Table 1.--Affected Sources for the Refractory Products Manufacturing Rule

      Refractory product type

      Affected sources

      Sources subject to emission limits:

      Resin-bonded........................... Existing and new curing ovens and kilns. Pitch-bonded........................... Existing and new curing ovens and kilns.

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      Pitch-impregnated...................... Existing and new defumers and coking ovens, and new shape preheaters. Other formed products that use organic Existing and new shape dryers additives.

      and kilns used to process refractory shapes that are made using an organic HAP compound. Clay................................... New kilns.

      Sources subject to work practice standards:

      Pitch-impregnated...................... Existing shape preheaters and existing and new pitch working tanks. Chromium............................... Existing and new kilns. Clay................................... Existing kilns.

    3. What Are the Emission Limits?

      Today's final rule specifies separate emission limits for existing and new thermal process sources that emit organic HAP and new clay refractory products kilns. Facilities that operate thermal process sources that emit organic HAP have the option of meeting a total hydrocarbon (THC) concentration limit of 20 parts per million by volume, dry basis (ppmvd), corrected to 18 percent oxygen, or reducing THC mass emissions by at least 95 percent. The sources that will be subject to these organic HAP emission limits include new and existing shape dryers, curing ovens, kilns, coking ovens, and defumers. In addition, new shape preheaters will be subject to these same emission limits. For continuous process sources of organic HAP, the format of the emission limits is a 3-hour block average. For batch process sources, the format of the standard is the average of the 3-hour peak THC emissions periods for two test runs.

      For affected new clay refractory products kilns, the final rule includes separate emission limits for HF and HCl. For affected continuous kilns, you will have to meet an HF emission limit of 0.019 kilograms per megagram (kg/Mg) (0.038 pounds per ton (lb/ton)) of uncalcined clay processed or reduce HF mass emissions by at least 90 percent. You will also be required to meet an HCl emission limit of 0.091 kg/Mg (0.18 lb/ton) of product or reduce uncontrolled HCl emissions by at least 30 percent. If you own or operate a new affected periodic (batch process) clay refractory products kiln, you will be required to reduce HF emissions by at least 90 percent and HCl emissions by at least 30 percent.

    4. What Are the Operating Limits?

      Operating limits are limits on operating parameters of process equipment or control devices. Today's final rule specifies process and control device operating limits for thermal process sources that emit organic HAP and for clay refractory kilns. For each of these operating limits, you will be required to measure the appropriate operating parameters during the performance test and establish limits on the operating parameters based on those measurements. Following the performance test, you will be required to monitor those parameters and ensure that the established limits are not exceeded.

      For affected thermal process sources that emit organic HAP, we are requiring operating limits on the organic HAP processing rate and the operating temperatures of your control devices. The operating limit on the organic HAP processing rate requires you to maintain the rate at which organic HAP are processed in an affected process unit at or below the rate measured during the most recent performance test. For sources that are controlled with a thermal oxidizer, you will be required to establish the operating limit for the combustion chamber temperature. For affected sources that are controlled with a catalytic oxidizer, you will be required to establish the operating limit for the temperature at the inlet of the catalyst bed. Also, you must check the activity level of the catalyst at least every 12 months.

      If you have a new clay refractory products kiln that is controlled with a dry limestone adsorber (DLA), you will be required to monitor continuously the pressure drop across the DLA and check the limestone feed hopper and feeder setting at least daily to ensure that the limestone is free flowing. You will also be required to document the source of the limestone used during the most recent performance test and maintain records that demonstrate that the source of limestone has not changed.

      If you own or operate a new clay refractory products kiln that is controlled with dry lime injection fabric filters (DIFF) or dry lime scrubber/fabric filters (DLS/FF), you will be required to install a bag leak detection system, initiate corrective action within 1 hour of a bag leak detection system alarm, and complete corrective actions according to your operation, maintenance, and monitoring (OM&M) plan. You will also be required to verify at least once every 8 hours that lime is free flowing and record the lime feeder setting daily to confirm that the feeder setting is at or above the level established during the most recent performance test. If you use a wet scrubber, you will be required to establish operating limits for the pressure drop across the scrubber, liquid pH, liquid flow rate, and chemical feed rate (if applicable).

      If you use a control device or technique listed in today's final rule, you may establish operating limits for alternative operating parameters subject to prior written approval by the Administrator on a case-by-case basis. You will be required to submit the application for approval of alternative operating parameters no later than the notification of the performance test. You will have to install, operate, and maintain the alternative parameter monitoring systems in accordance with the application approved by the Administrator.

    5. What Are the Work Practice Standards?

      Today's final rule establishes work practice standards for existing shape preheaters that are used to produce pitch-impregnated refractory products, existing and new pitch working tanks that are used to produce pitch-impregnated refractory products, existing and new chromium refractory products kilns, and existing clay refractory products kilns.

      If you operate an affected existing shape preheater, you will be required to control emissions of POM from the shape preheater by cleaning the residual pitch from the surfaces of the baskets or containers that are used for holding refractory shapes in a shape preheater and autoclave at least every ten impregnation cycles, or by ducting the exhaust from the shape preheater to a control device that meets the applicable emission limits for thermal process sources of organic HAP. If you choose to clean the basket surfaces, you may remove residual pitch by abrasive blasting or subject the baskets to a thermal process cycle that matches or exceeds the temperature and cycle time of the affected shape preheater and is ducted to a thermal or catalytic oxidizer that is comparable to the control device for your defumer or coking oven. If you choose to duct shape preheater emissions to a control device, you may duct the emissions to the coking oven control device, defumer control device, or to another thermal or catalytic oxidizer that is comparable to the coking oven or defumer controls and meets the applicable emission limits for thermal process sources of organic HAP.

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      If you have an affected existing or new pitch working tank, you must duct the exhaust from the tank to either the coking oven control device, the defumer control device, or an equivalent thermal or catalytic oxidizer.

      If you have an affected existing or new chromium refractory products kiln or an affected existing clay refractory products kiln, you must use natural gas, or an equivalent fuel, as the kiln fuel at all times except during periods of natural gas curtailment or other periods when natural gas is not available.

    6. What Are the Testing and Initial Compliance Requirements for Sources Subject to Emission Limits?

      Under today's final rule, you must conduct an initial performance test on each affected source to demonstrate initial compliance with the emission limits. In accordance with 40 CFR 63.7(a)(2), you are required to conduct the test within 180 days after the compliance date using specified test methods.

      If you have an affected existing or new shape dryer, curing oven, kiln, coking oven, or defumer, or a new shape preheater, and you choose to comply with the THC concentration limit of 20 ppmvd corrected to 18 percent oxygen, you must measure emissions of THC in stack gases exhausted to the atmosphere using EPA Method 25A of 40 CFR part 60, appendix A, Determination of Total Gaseous Organic Concentration Using a Flame Ionization Analyzer. You must also measure the oxygen concentration of the stack gas using EPA Method 3A of 40 CFR part 60, appendix A, Determination of Oxygen and Carbon Dioxide Concentrations in Emissions From Stationary Sources (Instrumental Analyzer Procedure). If you decide to comply with the 95 percent THC reduction limit, you must measure THC mass emissions at the inlet and outlet of the control device using EPA Method 25A.

      For continuous process sources, you must conduct a minimum of three 1-hour test runs. For batch process sources, you must conduct at least two test runs. Each batch process test run must be conducted over a separate batch cycle, unless you manufacture the product associated with the maximum organic HAP processing rate infrequently and it will disrupt production to perform the compliance test over multiple process cycles. In such cases, you may conduct both runs of the performance test simultaneously over a single batch process cycle using paired sampling trains.

      Today's final rule requires affected batch process sources to be tested throughout two complete batch cycles unless you develop an emissions profile or meet certain conditions for terminating a performance test run before the completion of the batch cycle. If you choose to develop an emissions profile, you must sample THC emissions throughout a complete batch cycle, determine the average THC mass emissions rate for each hour of the batch cycle, and identify the 3- hour period of peak THC emissions. During any subsequent test runs, you are not required to sample emissions outside that 3-hour period of peak THC emissions. During subsequent performance tests, you will have to complete at least two test runs, but you will only have to test during the 3-hour peak emissions period for each run.

      If you choose not to develop an emissions profile, you may terminate testing before the completion of a batch cycle if you meet certain conditions. For each of two test runs, you will have to begin testing at the start of the batch cycle and continue testing for at least 3 hours beyond the precise time when the process reaches peak operating temperature. You may stop the test run at that time if you can show that the following conditions are met: (1) THC concentrations are not increasing over the 3-hour period since the process peak temperature was reached; (2) at least 1 hour has passed since any reduction in the operating temperature of the control device (thermal or catalytic oxidizer); and (3) either the average THC concentration at the inlet to the control device for the previous hour has not exceeded 20 ppmvd, corrected to 18 percent oxygen, or your source met the applicable emission limit at the control device outlet during each of the previous 3 hours after the process reached peak temperature.

      For both continuous process and batch process performance tests, you must conduct performance tests on affected thermal process sources under the conditions that will result in the highest levels of organic HAP emissions expected to occur for that affected source. You determine these ``worst-case'' conditions by taking into account the organic HAP processing rate, the process operating temperatures, and the processing times. The organic HAP processing rate is the rate at which the mass of organic HAP materials contained in refractory shapes are processed in an affected thermal process source.

      If you decide to start production of a refractory product that is likely to have an organic HAP processing rate that is more than 10 percent greater than the rate established during the most recent performance test, you will be required to conduct a new performance test for that product and establish a new operating limit for the organic HAP processing rate. You will also have to conduct a new performance test on an affected uncontrolled kiln following any process changes that are likely to increase kiln emissions of organic HAP.

      If the source is a batch process source and is controlled with a thermal or catalytic oxidizer, you may reduce the operating temperature of the control device or shut the control device off if you satisfy all of the following conditions: (1) You do not use an emissions profile and limit testing to the 3-hour peak emissions period; (2) at least 3 hours have passed since the process unit reached its maximum temperature; (3) the applicable emission limit (THC concentration or THC percentage reduction) has been met during each of the three 1-hour periods since the process reached peak temperature; (4) mass emissions of THC have not increased during the 3-hour period since maximum process temperature was reached; and (5) either the average THC concentration at the inlet to the oxidizer has not exceeded 20 ppmvd, corrected to 18 percent oxygen, for at least 1 hour, or the applicable emission limit has been met during each of the four 15-minute periods immediately following the oxidizer temperature reduction. If you elect to shut off or reduce the temperature of a thermal or catalytic oxidizer by satisfying these conditions, you may use the results from the performance test to establish the time at which the oxidizer for that specific source can be shut off (or temperature reduced) during the production of other refractory products that use organic HAP. For any such product, you must operate the oxidizer at a temperature at least as high as that established during the performance test, minus 16[deg]C (25[deg]F), from the start of the batch cycle until 3 hours have passed since the process reached its peak temperature. You will have to maintain that oxidizer temperature for the same length of time beyond the process peak temperature as during the performance test.

      For each new kiln that manufactures clay refractory products, you must measure emissions of HF and HCl using one of three methods: (1) EPA Method 26A of 40 CFR part 60, appendix A, Determination of Hydrogen Halide and Halogen Emissions from Stationary Sources--Isokinetic Method; (2) EPA Method 26 of 40 CFR part 60, appendix A, Determination of Hydrogen Halide and Halogen Emissions from Stationary Sources--Non- isokinetic Method; or (3)

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      EPA Method 320 of 40 CFR part 63, appendix A, Measurement of Vapor Phase Organic and Inorganic Emissions by Extractive Fourier Transfer Infrared (FTIR) Spectroscopy. You can use Method 26 only if the gas stream does not contain HF or HCl in the solid phase (e.g., HF as PM or HCl as PM). You must conduct the tests for HF and HCl while the affected kiln is operating at the maximum production level likely to occur. Each test run must last at least 1 hour in duration.

      If you have an affected continuous clay refractory products kiln, you must determine initial compliance with the production-based mass emission limits for HF and HCl by calculating the mass emissions per unit of production for each test run using the mass emission rates of HF and HCl and the rate at which uncalcined clay is processed (on a fired-product basis), as measured during your performance test. To determine initial compliance with any of the percentage reduction emission limits, you must measure mass emissions of the specific HAP (HF or HCl) at the inlet and outlet of the control device for each test run.

      If you have an affected batch process clay refractory kiln, you must comply with the percentage reduction limit. You will be required to test throughout two complete batch cycles unless you develop an emissions profile. If you choose to develop an emissions profile, you must sample HF and HCl emissions throughout one complete batch cycle. For both continuous and batch process kilns, you must measure and record the average uncalcined clay processing rate for each test run.

      If you own or operate an affected new clay refractory products kiln that is controlled with a DLA, and you decide to change the source of limestone, you must repeat the performance test on the kiln within 60 days of the date when you begin using limestone from the new limestone source.

      In addition to the procedures previously described, you will be required to follow the procedures specified in EPA Methods 1 to 4 of appendix A of 40 CFR part 60, where applicable. You must perform EPA Method 1, Sample and Velocity Traverses for Stationary Sources, (or Method 1A) to select the locations of sampling points and the number of traverse points. You must perform EPA Method 2, Determination of Stack Gas Velocity and Volumetric Flow Rate (Type S Pitot Tube), (or Method 2A, 2C, 2D, 2F, or 2G) to determine gas velocity and volumetric flow rate. You must perform EPA Method 3, Gas Analysis for the Determination of Dry Molecular Weight, (or Method 3A or 3B) to determine the exhaust gas molecular weight. You must perform EPA Method 4, Determination of Moisture Content in Stack Gases, to measure the moisture content of the exhaust gas.

      Prior to the initial performance test, you must install any continuous parameter monitoring systems (CPMS) that are required for demonstrating continuous compliance. During the performance test, you must use those CPMS to establish the applicable operating limits (e.g., minimum thermal oxidizer combustion chamber temperature).

    7. What Are the Initial Compliance Requirements for Sources Subject to a Work Practice Standard?

      If you own or operate an affected existing shape preheater, an existing pitch working tank, or a new pitch working tank, you must select a method for complying with the applicable work practice standard and provide a description of that method as part of your initial notification, as required by 40 CFR 63.9(b)(2). For affected shape preheaters, if you choose to comply with the work practice standard by cleaning pitch from basket or container surfaces, you must describe in your initial notification the cleaning method. If you choose to comply by capturing and ducting emissions from the shape preheater to a control device, you must describe the design (e.g., thermal oxidizer combustion chamber temperature and residence time) and operation of that control device.

      For affected existing or new pitch working tanks, you must describe, in your initial notification, the design and operation of the control device to which the emissions from the working tank are exhausted. You also must verify that the performance of the control device is the same as, or is equivalent to, the control device that is used to control organic HAP emissions from an affected defumer or coking oven.

      For affected new or existing chromium refractory products kilns and for existing clay refractory products kilns, you must indicate, in your initial notification, the type of fuel used in those kilns.

    8. What Are the Continuous Compliance Requirements for Sources Subject to Emission Limits?

      Today's final rule requires owners and operators of affected sources to demonstrate continuous compliance with each emission limitation. You must follow the requirements in your OM&M plan and in your startup, shutdown, and malfunction plan (SSMP) and document conformance with both plans. For each affected source equipped with an add-on air pollution control device (APCD), you must inspect each system at least once each calendar year and record the results of each inspection. You must install, operate, and maintain each required CPMS to monitor the operating parameters established during your initial performance test. You must collect all data while the process is operational. You will have to operate the CPMS at all times when the process is operating. You must also conduct proper maintenance of the CPMS, including inspections, calibrations, and validation checks. You must repeat any required performance tests at least every 5 years.

      For each affected source, you must monitor and maintain the organic HAP processing rate below the level established during the most recent performance test. You must also record the process operating temperature hourly. For batch process sources, you must record the cycle time for each batch cycle. If you decide to start production of a refractory product that is likely to have an organic HAP processing rate that is more than 10 percent greater than the maximum organic HAP processing rate established during the most recent performance test, you will have to conduct a new performance test for that product and establish a new operating limit for the maximum organic HAP processing rate.

      For affected continuous sources that are controlled with a thermal oxidizer, you must maintain the 3-hour block average combustion chamber temperature at or above the combustion chamber temperature operating limit established during the most recent performance test. For affected continuous sources that are controlled with a catalytic oxidizer, you must maintain the 3-hour block average temperature at the inlet of the catalyst bed at or above the corresponding temperature operating limit established during the most recent performance test. For affected batch process sources that are controlled with a thermal oxidizer, you must maintain the average hourly combustion chamber temperature at or above the combustion chamber temperature operating limit established during the most recent performance test.

      To document compliance with these operating limits for thermal or catalytic oxidizers, you must measure and record the specified average hourly temperatures. You must also report any average hourly control device operating temperature below the operating limit

      [[Page 18735]]

      established during the most recent performance test.

      If you control emissions from an affected source using process modifications or an add-on control device other than a thermal or catalytic oxidizer, you must demonstrate continuous compliance by operating a THC continuous emission monitoring system (CEMS) in accordance with Procedure 1 of 40 CFR part 60, appendix F.

      For new clay refractory kilns that are controlled with a DLA, you must monitor continuously the pressure drop across the DLA. You also must check the limestone feed hopper and limestone feeder setting daily to ensure that there is limestone in the hopper, the limestone is free flowing, and the feed rate has not changed. In addition, you must continue using the same source of limestone as was used during the most recent performance test and maintain records that demonstrate that the source of limestone has not changed.

      For new clay refractory kilns that are controlled with a DIFF or DLS/FF, you must maintain free-flowing lime in the feed hopper or silo at all times. You also must maintain the lime feeder setting at or above the level established during the most recent performance test and record the feeder setting once each day. You must initiate corrective action within 1 hour of a bag leak detection system alarm and complete corrective actions according to your OM&M plan.

      For kilns that are controlled with a wet scrubber, you must continuously maintain the 3-hour block average scrubber pressure drop, scrubber liquid pH, scrubber liquid flow rate, and chemical addition rate (if applicable) at or above the corresponding operating limits established during the most recent performance test. Finally, you must record the uncalcined clay processing rate for all affected kilns.

      If you operate an affected continuous kiln, you may bypass the control device and continue operating the kiln during periods of scheduled maintenance on the kiln control device, upon approval of the permitting authority. However, you must request prior approval from the permitting authority before taking the control device offline. You must minimize HAP emissions during the period when the control device is offline. You must also minimize the time period when the control device is offline. Unlike scheduled maintenance, a malfunction of a control device must be addressed in your SSMP. As specified in 40 CFR 63.6(f)(1) and (h)(1), emission standards do not apply during periods of startup, shutdown, or malfunction.

  6. What Are the Continuous Compliance Requirements for Sources Subject to a Work Practice Standard?

    If you have an affected existing shape preheater, an existing pitch working tank, or a new pitch working tank, you must perform the appropriate work practice, and you must document in your Notification of Compliance Status that you have complied with the work practice standard, as required by 40 CFR 63.9.

    For affected new or existing chromium refractory products kilns and for existing clay refractory products kilns, you must use natural gas, or its equivalent, as the kiln fuel, and document the type of fuel used. During periods of natural gas curtailment or other periods when natural gas is unavailable, you are allowed to use an alternative fuel. However, you must meet the notification requirements specified in 40 CFR 63.9812(f) and the reporting requirements specified in 40 CFR 63.9814(g). You must also incorporate procedures for using alternative fuels in your OM&M Plan.

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

      If you have an affected refractory products manufacturing source, you must submit initial notifications, notifications of performance tests, and notifications of compliance status by the specified dates in the final rule, which may vary depending on whether the affected source is new or existing. In addition to the information specified in 40 CFR 63.9(h)(2)(i), you must also include the following in your Notification of Compliance Status: (1) The operating limit parameter values established for each affected source and a description of the procedures used to establish the values; (2) design information and analysis demonstrating conformance with requirements for capture and collection systems; (3) your OM&M plan, as specified in 40 CFR 63.9794; (4) your SSMP; and (5) descriptions of the methods you use to comply with any applicable work practice standards. You must submit semiannual compliance reports containing statements and information concerning emission limitation deviations, out of control CPMS, and periods of startup, shutdown, or malfunction when actions consistent with the approved SSMP were taken in accordance with 40 CFR 63.6(e)(3).

      If you operate an affected clay or chromium refractory products kiln and you must use an alternative fuel due to a natural gas curtailment or other interruption of natural gas supply, you must submit a notification of alternative fuel use that includes the information specified in 40 CFR 63.9812(f). You must submit a report of alternative fuel use within 10 working days after terminating the use of the alternative fuel. The report must include the information specified in 40 CFR 63.9814(g).

      If you operate a continuous kiln that is an affected thermal process source of organic HAP or is a new clay refractory products kiln, and you must take the control device offline for scheduled maintenance, you must request prior approval from the permitting authority, as specified in 40 CFR 63.9792(e). In addition, you must maintain records of all maintenance activities and the time intervals when the control device is offline. Finally, you must incorporate into your OM&M plan the procedures for minimizing HAP emissions when the control device is out of service.

      For all affected sources, you must maintain records for at least 5 years from the date on which the data are recorded. You must keep the records onsite for at least the first 2 years, but you can store the records offsite for the remaining 3 years.

    2. What Are the Compliance Deadlines?

      Existing sources must comply within 3 years of the date of publication of today's final rule. New or reconstructed sources must comply at startup or upon the date of publication of today's final rule, depending on their startup date.

  7. Summary of Major Changes Since Proposal

    1. Emission Limits and Work Practice Standards

      For thermal process sources of organic HAP, we replaced the proposed combustion efficiency limit with a 95 percent THC reduction limit. We believe that the 95 percent THC reduction limit will result in organic HAP emissions reductions that are comparable to the reductions that would have been achieved through the proposed 99.8 percent combustion efficiency limit. Furthermore, percentage reduction provides a better measure of the performance of a control device in reducing organic emissions than does combustion efficiency, because percentage reduction is a direct measure of reductions in THC emissions across the control device. In addition, the combination of the proposed THC concentration and the percentage reduction limits allows considerable flexibility in how owners and operators

      [[Page 18736]]

      choose to comply with today's final rule.

      The available emission data for the refractory products manufacturing industry indicate that sources that are controlled to levels above the MACT floor (i.e., more stringent than the MACT floor control level) achieve THC emissions reductions of at least 95 percent, and sources that are controlled to levels below the MACT floor achieve THC emissions reductions that are less than 95 percent. Based on our analysis of the data, we concluded that a 95 percent THC reduction represents the level of emissions control that is achieved by a thermal process source of organic HAP that is controlled to the MACT floor level. Additional information on our analysis of the available THC emission reduction data is provided in Docket No. OAR-2002-0088.

      We did not propose a percentage THC reduction because we believed that testing the inlets of the control devices used on thermal process sources of organic HAP was not feasible for most sources. However, based on the public comments received on the proposed rule, we believe that refractory products manufacturers can measure THC at the inlets and outlets of most affected sources. Furthermore, those facilities that cannot obtain inlet and outlet measurements still have the option of complying with the 20 ppmvd THC emission limit.

      For the proposed rule, we developed HF and HCl emission limits based on the emission levels that could be achieved by the best- controlled kiln in the brick and structural clay products industry. Since proposal, we have obtained additional information on the types of emission controls used in the brick and structural clay products industry to reduce emissions of HF and HCl from kilns. Based on that information, we have concluded that the best-controlled similar source for clay refractory products kilns is a small brick kiln that is controlled with a DLA. A small brick kiln is a kiln with a production capacity of less than 9.1 Mg per hour (Mg/hr) (10 tons per hour (tons/ hr)). The data indicate that a DLA can achieve HF emissions reductions of 90 percent and HCl emissions reductions of 30 percent. We used those emissions reductions to develop the HF and HCl emission limits specified in the final rule. The revised emission limits for HF are a 90 percent reduction or 0.019 kg/Mg (0.038 lb/ton) of uncalcined clay processed. For HCl, the revised emission limits are a 30 percent reduction or 0.091 kg/Mg (0.18 lb/ton) of uncalcined clay processed.

      For proposal, we based the HF and HCl emission limits for new clay refractory products kilns on emission data for a brick kiln that was controlled with a DLS/FF. When we developed those proposed emission limits, we made no distinction between kiln size and control options. However, a review of the emission data for controlled brick kilns indicates that kiln size must be considered when determining feasible control options for reducing emissions of HF and HCl. For brick kilns with production capacities of 9.1 Mg/hr (10 tons/hr) or greater (i.e., large kilns), several control devices have been demonstrated to be highly effective in reducing HF and HCl emissions. Those controls include DLS/FF, DIFF, and wet scrubbers. However, for brick kilns that are designed with production capacities below 9.1 Mg/hr (10 tons/hr), only the DLA has been demonstrated to be a feasible control option for HF and HCl. With DLS/FF, DIFF, and wet scrubbers, it is necessary to maintain minimum exhaust gas flow rates for effective HF and HCl removal, and those minimum exhaust flow rates are significantly greater than the flow rates characteristic of small brick kilns. On the other hand, the performance of the DLA is unaffected by exhaust gas flow rates through the system, and DLA have been used on small brick kilns. Consequently, we have concluded that the best-controlled small brick kiln is equipped with a DLA. We have also concluded that clay refractory products kilns are similar to small brick kilns because 90 percent of the clay refractory products tunnel kilns currently in use were designed to operate at 4.5 Mg/hr (5 tons/hr) or less, and there are no clay refractory products kilns that operate with production rates greater than 8.2 Mg/hr (9 tons/hr).

      For existing clay and chromium refractory products kilns, we are still requiring limits on the types of fuels that can be used in affected kilns. However, we have also included a provision for the affected facilities to use alternative fuels during specified times of natural gas curtailment and during other times when natural gas is unavailable. To comply with this provision, owners or operators of affected kilns must notify the permitting authority within 48 hours following the declaration of such an emergency or the interruption of the natural gas supply. In addition, within 10 working days after the facility terminates the use of the alternative fuel, the final rule requires submittal of a report that details the dates of alternative fuel usage and the amount of alternative fuel used.

    2. Compliance Testing

      For batch process sources, we have reduced the minimum number of compliance test runs from three to two. We believe that two test runs are adequate for characterizing emissions from batch process sources. Although we are still requiring a minimum of three 1-hour test runs for continuous sources, we believe that it is unnecessary to test batch process sources for three runs. Under the final rule, each test run on a batch process source will last at least 3 hours, and in most cases a test run will last considerably longer (i.e., in excess of 10 hours). Thus, even with the reduced number of test runs, an emission test on a batch process source will still require a much longer test period than a test on a continuous process source. Because of the extensive duration of each test run, we believe that a second test run is adequate for corroborating the results of the initial test run, and a third test run is unnecessary. Many batch process refractory products are specialty items that are produced infrequently. Because we are requiring each test run to be conducted over a separate batch process cycle, it may not be practical, and it may disrupt production of other products, to require testing over separate cycles. In some cases, conducting the compliance test over multiple process cycles could require a testing period of weeks or months, thereby preventing the use of the batch process source for manufacturing other refractory products. For this same reason, we have included in today's final rule a provision for allowing owners and operators to conduct both test runs simultaneously over a single batch process cycle using paired sampling trains, under certain conditions. Rather than basing compliance on a rolling 3-hour average, today's final rule requires compliance for batch process sources to be based on emissions over the 3-hour peak emissions period.

      For situations in which a facility begins production of a new product that constitutes a slight increase in the maximum organic HAP processing rate, we are no longer requiring a repeat performance test. Specifically, if the organic HAP processing rate for the new product is no more than 10 percent greater than the organic HAP processing rate established during the most recent compliance test, a repeat performance test is not required. We believe this change is appropriate for several reasons. The HAP content of some raw materials used in refractory products manufacturing can vary slightly from shipment to shipment, and those

      [[Page 18737]]

      variations may be beyond the control of the user. The net increase in controlled emissions from a source that uses a material with a slightly higher HAP content would most likely be within the measurement error of the test method. On the other hand, if the organic HAP processing rate for the new product is more than 10 percent greater than the operating limit for the maximum organic HAP processing rate, a new compliance test must be performed.

    3. Control Device Monitoring and Operation

      In the final rule, we have added the requirement that owners or operators of affected sources that are controlled with a catalytic oxidizer must have the catalyst activity level checked at least every 12 months and take any necessary corrective action, such as replacing the catalyst, to ensure that the catalyst is performing as designed. We continue to require catalyst bed inlet temperature monitoring. However, we believe this additional requirement is needed because, unlike thermal oxidizers, catalytic oxidizer performance cannot be ensured simply by monitoring the operating temperature. Catalyst beds can become poisoned and rendered ineffective without any apparent change in operation. Requiring an annual check of catalyst activity will help to identify catalyst poisoning and other potential performance problems before they become serious. An activity level check can consist of passing an organic compound of known concentration through a sample of the catalyst, measuring the percentage reduction of the compound across the catalyst sample, and comparing that percentage reduction to the percentage reduction for a fresh sample of the same type of catalyst.

      We have made several changes to the monitoring requirements for new clay refractory products kilns. We have added monitoring requirements for kilns controlled with a DLA. Specifically, owners or operators of affected kilns are required to monitor continuously the pressure drop across the DLA, check the limestone feed hopper daily to ensure that limestone is free flowing, check the limestone feeder setting daily, use the same source of limestone as was used during the most recent performance test, and maintain records that demonstrate that the source of limestone has not changed. We have eliminated the requirement to monitor the fabric filter inlet temperature for affected clay refractory kilns that are controlled with a DIFF or a DLS/FF. Finally, we have eliminated the requirement to monitor the water injection rate for kilns that are controlled with a DLS/FF.

      We have also included in the final rule a provision to allow owners and operators of affected continuous process kilns to bypass the control device and continue operating the kilns during periods when the control device is offline for scheduled maintenance. However, the owner or operator must request approval from the permitting authority before taking the control device out of service. The owner or operator must minimize the time periods during which the control device is offline and must also minimize HAP emissions from the affected sources during these periods. The owner or operator must also maintain records of all maintenance activities and the time when the control device was offline. In addition, procedures for minimizing HAP emissions during periods when the control device is offline must be incorporated into the OM&M plan for the kiln.

    4. Definitions

      We have modified the definitions of refractory product and research and development process unit, and have added definitions for dry limestone adsorber, period of natural gas curtailment or supply interruption, resin-bonded refractory products, pitch-bonded refractory products, and redundant sensor. We also deleted the incorporation by reference of the publication ``Industrial Ventilation: A Manual of Recommended Practice.''

  8. Summary of Responses to Major Comments

    1. MACT Floors

      Comment: One commenter pointed out that more than 30 refractory products manufacturing plants have closed permanently over the past 3 years. The commenter stated that the MACT floors used to develop the proposed rule are based on data that no longer reflect the current status of the industry. The commenter believes that it is improper for us to use the old data while the industry is in the process of realignment. In response to a request by us, the same commenter provided a list of 35 plants that have closed recently.

      Response: We have reviewed the list of 35 recently closed plants provided by the commenter and among those plants, we considered only one, the North American Refractories plant in Womelsdorf, PA, to be a major or synthetic area source of organic HAP. However, we were aware of the impending closure of that particular facility before we determined the MACT floors for the proposed rule, and we did not include affected sources at that plant in our MACT floor analyses. Because we based our determination of the MACT floors for sources of organic HAP emissions only on major and synthetic area sources and none of those plants has closed, the closing of the 35 plants has no impact on the MACT floor analyses used to develop the proposed or final NESHAP.

    2. Emission Limits

      Comment: One commenter stated that the proposed combustion efficiency limit has no relationship to the MACT floors for thermal process sources of organic HAP. He believes that the proposed combustion efficiency limit is an arbitrary limit based on theoretical calculations and is not supported by the data. The commenter also stated that we cannot identify any plants that have met a 99.8 percent combustion efficiency. He believes that the proposed combustion efficiency limit cannot be met by existing sources; consequently, the stringency of the 99.8 percent combustion efficiency limit will force all affected facilities to meet the alternative proposed limit on THC. The same commenter stated that he has been informed by control device vendors that sources would have to operate well above the MACT floor level of control to meet a 99.8 percent combustion efficiency limit. Another commenter agreed that the combustion efficiency limit will force the industry to meet the alternative THC limit. Both commenters also stated that most of the thermal oxidizers currently used in the refractory products manufacturing industry would not be able to meet the outlet exhaust gas limitation of 3 percent carbon dioxide that is a prerequisite for choosing the combustion efficiency limit compliance option. One commenter added that sources controlled with catalytic oxidizers would be unable to meet the 99.8 percent combustion efficiency limit.

      The same two commenters also commented on the appropriateness of a combustion efficiency limit. One of the commenters stated that he contacted thermal oxidizer vendors and a trade association that represents control device manufacturers and vendors, all of whom stated that they were unfamiliar with combustion efficiency. They indicated that thermal oxidizer performance guarantees invariably are written in terms of destruction and removal efficiency (DRE). The other commenter concurred that vendors offer performance guarantees in terms of DRE and not in terms of combustion

      [[Page 18738]]

      efficiency. The commenter stated that he believes that there is no known correlation between combustion efficiency and DRE, and he noted that we also have made that point on several occasions. Finally, the same commenter stated that the Pennsylvania Department of Environmental Resources informed him that they do not incorporate emission limits for combustion efficiency in their operating permits.

      Response: After reviewing these comments, we have decided not to include the combustion efficiency limit in the final rule. Although we still maintain that the proposed combustion efficiency limit could be achieved by refractory products manufacturing sources that are controlled to the MACT floor level, we acknowledge that refractory products manufacturing industry personnel, vendors, emission testing contractors, and permitting agency personnel may not be familiar with the concept of using combustion efficiency as a measure of the control of organic pollutants. In addition, combustion efficiency is essentially an indicator of control device performance rather than a direct measure of emissions reductions or control. There are alternatives to a combustion efficiency limit that provide reliable measures of control device performance and emissions reductions, and we have included one such alternative, a percentage THC reduction, in the final rule. We believe that a THC percentage reduction is a more appropriate format for an emission limit than is combustion efficiency because percentage reduction is a measure of emissions reductions and can be related directly to the MACT floor for thermal process sources of organic HAP.

      Comment: Two commenters recommended that we consider a limit on DRE instead of a combustion efficiency limit. One of the commenters stated that control device vendors typically offer performance guarantees in terms of a DRE limit, coupled with an outlet concentration limit for low-emitting sources. The other commenter stated that an alternative limit of 95 percent DRE for THC would be appropriate for the refractory products manufacturing industry. One of the commenters evaluated two catalytic oxidizers used at his facility. He concluded that the oxidizers would be unable to meet a 99.8 percent combustion efficiency limit or the proposed THC limit of 20 ppmvd, corrected to 18 percent oxygen. However, he believes that both of the catalytic oxidizers he evaluated could achieve a DRE of approximately 95 percent. The same commenter also disagreed with our statement that a DRE limit would be problematic due to the lack of access to control device inlets for emission testing on most affected sources. He stated that facilities can retrofit existing sources to allow for control device inlet testing.

      Response: We agree with the commenters that a DRE limit, which generally is referred to as a percentage reduction limit in NESHAP, would be appropriate for the refractory products manufacturing industry. Consequently, we have decided to incorporate an emission limit of 95 percent THC reduction in today's final rule as an alternative to the THC emission concentration limit. We believe that percentage reduction provides the best measure of the performance of a control device in reducing organic emissions. Because percentage reduction is a direct measure of emissions reductions, we also believe it is more consistent with the MACT floor concept than is the proposed combustion efficiency limit. Unlike combustion efficiency, we have THC percentage reduction data for several refractory products manufacturing sources. By comparing those data to the MACT floor levels established by today's rule (see Docket No. OAR-2002-0088), we were able to conclude that the 95 percent THC reduction limit that we have incorporated into the final rule is representative of the emissions reductions that sources controlled to the MACT floor level should be able to achieve on a consistent basis.

      Comment: One commenter commented on the fact that the same combustion efficiency limit was proposed for several different types of thermal process sources, such as periodic kilns, tunnel kilns, dryers, and coking ovens. He believes that differences in the operation of these various types of sources warrant different emission limits.

      Response: We considered establishing separate emission limits for each type of thermal process source of organic HAP. However, the MACT floors for both existing and new sources are based on thermal oxidizer control, and the MACT floor level thermal oxidizer operating temperatures and residence times are similar for the various types of thermal process sources. These thermal oxidizers represent relatively high levels of control, and based on their design and operating parameters, we would not expect there to be significant differences in performance levels among them. Furthermore, when the theoretical performance levels of these thermal oxidizers are compared, the Arrhenius equation predicts that all of them would achieve essentially complete control of organic emissions. The available valid emission test data on organic emissions from controlled thermal process sources of organic HAP also do not support making such distinctions in emission limits. Consequently, we decided to establish the same emission limits for all types of thermal process sources of organic HAP subject to today's final rule.

      Comment: Two commenters stated that the available emission data do not support the proposed THC limit of 20 ppmvd. The commenters believe that the data support an emission limit of 30 ppmvd THC, based on the average THC emission concentration for the available test data on controlled kilns.

      Response: To determine the MACT floors and the corresponding emission limits for existing sources, we first must consider the number of sources in operation at major and synthetic area source facilities. In the case of kilns that are used to fire refractory products that contain organic HAP, there are fewer than 30 kilns that can be considered in establishing the MACT floor. Under section 112(d)(3) of the CAA, we must select the average or median of the best-performing five sources. In this case, the MACT floor for kilns corresponds to the third-best performing kiln.

      To rank kilns in terms of their performance in controlling organic HAP emissions, we needed emissions data for each of the best-performing kilns. However, we did not have data on emissions of organic HAP (or THC as a surrogate for organic HAP) for any of the best-controlled kilns. The specific kilns referenced by the commenters are not among the best-performing kilns in operation at major or synthetic area source facilities, so it would be contrary to the requirements of the CAA to average emission data for those kilns, as the commenters suggest, because such an average would include data from sources that are clearly not among the top five best-performing kilns located at major or synthetic area source facilities.

      An alternative approach to determining MACT floors by ranking sources according to demonstrated emissions reductions is to rank the sources based on the likely performance level of the control devices in place. We used this alternative approach to determine the MACT floors for organic HAP emissions from thermal process sources. Using the Arrhenius equation, we ranked all of the controlled kilns located at major or synthetic area source facilities and selected the third-best kiln as the MACT floor. However, to develop the 20 ppmvd THC emission limit, we did consider all of the available data,

      [[Page 18739]]

      including the kiln emission data referenced by the commenters. After considering the design of the control devices for those kilns and the likely variations in emission data, we concluded that the available data support a 20 ppmvd THC emission limit.

      Comment: One commenter stated that Congress intended MACT standards to be industry-specific, and he objected to the use of data for the brick and structural clay products industry to establish emission limits for HF and HCl from clay refractory products kilns. The commenter stated that it is inappropriate to use data from another industry to develop emission limits for the refractory products manufacturing industry.

      Response: Section 112(d) of the CAA requires us to establish emission limits for new sources based on the performance of the best- controlled similar source. The CAA does not specify that the similar source must be within the same source category. To the contrary, our interpretation of section 112(d) is that we are obligated to consider similar sources from other source categories in determining the best- controlled similar source for establishing MACT for new sources.

      For clay refractory products kilns, we concluded that the best- controlled similar sources are found in the brick and structural clay products industry. We believe that brick kilns are similar to clay refractory products kilns for several reasons: (1) Most clay refractory products are fired in tunnel kilns, as is the case for brick manufacturing; (2) in both industries, tunnel kilns are designed to have three temperature zones, a preheating or drying zone, a firing zone, and a cooling zone; (3) in both industries, unfired shapes (bricks or refractories) are loaded onto rail cars and transported through each successive temperature zone through a series of timed pushes; (4) both clay refractory kilns and brick kilns typically operate at peak temperatures of approximately 2000[deg]F; (5) firing times in clay refractory and brick kilns are similar; (6) the raw materials used in producing bricks (primarily common clay and shale, but also fire clay) and clay refractories (primarily fire clay) are similar; and (7) at least one refractory products manufacturer fires both clay refractory products and brick and structural clay products in the same kilns.

      The HF and HCl controls currently used in the brick and structural clay products industry are a function of kiln size (i.e., production rate). Kilns with production capacities of less than 9.1 Mg/hr (10 tons/hr) are classified as small kilns, and those with production capacities of at least 9.1 Mg/hr (10 tons/hr) are classified as large kilns. For small brick kilns, the best-performing source is a kiln controlled with a DLA. For large kilns, the best-performing sources are those controlled with either a DIFF, DLS/FF, or wet scrubber. Although DIFF, DLS/FF, and wet scrubbers generally are more effective than DLA in reducing emissions of HF and HCl, large kiln controls require minimum exhaust gas flow rates that are significantly higher than the flow rates characteristic of small kilns. Consequently, the DLA is the only device that has been demonstrated to be feasible for controlling HF and HCl emissions from small brick kilns. Using the same size classification system, the clay refractory products kilns currently in operation would all be classified as small kilns. All operate at less than 9.1 Mg/hr (10 tons/hr), and 90 percent operate at no more than 4.5 Mg/hr (5 tons/hr). Because of the similarities in design and operation discussed in the previous paragraph, and taking into account kiln size, we have concluded that small brick kilns and clay refractory products kilns are similar sources. In the final rule, we are incorporating HF and HCl emission limits based on the performance of DLA-controlled brick kilns.

      Comment: One commenter expressed concern with how we used data for the brick and structural clay products industry to develop emission limits for new clay refractory products kilns. He stated that we used the same data to propose more stringent HF and HCl limits for new clay refractory products kilns than were proposed for new brick and structural clay products kilns under the proposed Brick and Structural Clay Products NESHAP (67 FR 47894, July 22, 2002). The proposed HF emission limit for new brick and structural clay products kilns is 0.014 kg/Mg (0.027 lb/ton), whereas the proposed HF limit for new clay refractory products kilns is 0.001 kg/Mg (0.002 lb/ton). In addition, the proposed HCl emission limit for new brick and structural clay products kilns is 0.019 kg/Mg (0.037 lb/ton), whereas the proposed HCl limit for new clay refractory products kilns is 0.0025 kg/Mg (0.005 lb/ ton).

      Response: In selecting the proposed HF and HCl emission limits for new clay refractory products kilns, we reviewed the available emission data from the brick and structural clay products industry and selected the single best-performing similar source, which was an individual brick kiln controlled with a DLS/FF. To select the HF and HCl emission limits for brick kilns in the proposed Brick and Structural Clay Products NESHAP, we used a different approach based on the overall performance of the available control technologies. We reviewed the available data and concluded that the three best-performing control technologies (DLS/FF, DIFF, and wet scrubbers) are essentially comparable in terms of reducing HF and HCl emissions. We also considered the variability in the data and selected the percentage reductions that we believe all three technologies can achieve on a continuous basis according to the available test data. We used those percentage reductions, which were 95 percent for HF and 90 percent for HCl, to derive the proposed production-based emission limits from the emission factors for uncontrolled HF and HCl from brick kilns. Those production-based emission limits were 0.014 kg/Mg (0.027 lb/ton) for HF and 0.019 kg/Mg (0.037 lb/ton) for HCl. After reconsidering both approaches for selecting emission limits, we have concluded that the technology-based approach that we used to develop the emission limits for the proposed Brick and Structural Clay Products NESHAP is the appropriate method for establishing HF and HCl emission limits for new clay refractory products kilns.

      In the proposed Brick and Structural Clay Products NESHAP, we also subcategorized according to kiln size by differentiating between large kilns (i.e., those with production capacities of 9.1 Mg/hr (10 tons/hr) or greater) and small kilns (i.e., those with production capacities that are less than 9.1 Mg/hr (10 tons/hr)). For today's final rule, we have incorporated this same size classification system into our determination of the emission limits for new clay refractory products kilns. We have concluded that small brick kilns are similar to clay refractory products kilns and that the best-controlled similar source for clay refractory products kilns is a small brick kiln controlled with a DLA. Although there are other technologies that perform well in controlling HF and HCl emissions from brick kilns (i.e., DLS/FF, DIFF, and wet scrubbers), those control devices have been used only on large brick kilns. On the other hand, DLA are currently in use on both large and small brick kilns. The available data indicates that a DLA can achieve emissions reductions of 90 percent HF and 30 percent HCl on a consistent basis. We have applied these emissions reductions to HF and HCl data from uncontrolled clay refractory products kilns and are incorporating into today's final rule the

      [[Page 18740]]

      revised emission limits for new clay refractory products kilns. The resulting emission limits for HF are a 90 percent reduction or 0.019 kg/Mg (0.038 lb/ton) of uncalcined clay processed. For HCl, the limits are a 30 percent reduction or 0.091 kg/Mg (0.18 lb/ton) of uncalcined clay processed.

      Comment: One commenter questioned the need to establish emission limits for chromium refractory products kilns. He stated that chromium compounds should be treated no differently than any of the other listed HAP. He noted that the use of chromium for refractory products manufacturing has decreased significantly in recent years, and that our own estimates indicate that total chromium compound emissions in 1996 were less than 10 tpy for the entire industry. He also pointed out that the large chromium refractory products facility referenced in the proposal has been shut down.

      Response: As noted by the commenter, chromium compounds are one of the listed HAP in section 112(b) of the CAA. Chromium, in the form of chromite or chromium oxide, is a principal ingredient in the formulation of many refractory products and is emitted from kilns that fire chromium refractory products. Some of the chromium is emitted in the hexavalent form, which is a known human carcinogen. Under section 112(d) of the CAA, we are required to establish emission standards that are at least as stringent as the MACT floor for all listed HAP that are emitted from major sources. Consequently, regardless of the trend in chromium refractory production, we are required to establish emission limits based on the MACT floor level of control, which for chromium refractory products kilns is the work practice of firing kilns with natural gas or the equivalent.

      Comment: One commenter opposed the provision in the proposed rule that limits the types of fuels used to fire clay and chromium refractory products kilns. He stated that many refractory products manufacturing industry kilns are designed to use fuels other than natural gas, such as fuel oil, propane, and pulverized coal. The need to use these alternative fuels is of particular importance during natural gas shortages or price increases. He pointed out that during natural gas shortages, residential users receive priority over industrial users of natural gas. He believes that prohibiting the use of these alternative fuels could adversely impact the viability of some refractory products manufacturing operations.

      Response: We agree with the commenter that the Refractory Products Manufacturing NESHAP should include appropriate provisions for the use of alternative fuels during specified times of natural gas curtailment and other situations when natural gas is unavailable. We consider such situations analogous to malfunctions, which are addressed in 40 CFR 63.6. Just as an exceedance of emission limits during a malfunction is not considered a violation, as indicated in 40 CFR 63.6(f)(1) and (h)(1), we believe that using other fuels during periods when natural gas is unavailable should also not be considered a violation of the work practice standard for clay and chromium refractory products kilns. We also note that operating permits for existing refractory products manufacturing facilities generally allow the use of fuel oil and other substitutes for natural gas in some situations. Thus, the MACT floor for existing clay and chromium refractory products kilns is the use of natural gas or equivalent fuel except during periods when natural gas is unavailable.

      In the final rule, we are allowing owners and operators of affected chromium and clay refractory products kilns to use alternative fuels during periods when natural gas in unavailable due to a supply curtailment or other factors. However, we do not believe that natural gas price increases constitute such a situation, and the final rule makes it clear that natural gas prices cannot be considered the basis for a MACT floor that requires using an alternative fuel. The final rule also requires owners or operators to notify the regulatory authority within 48 hours after the declaration of natural gas curtailment or the interruption of natural gas supply. In addition, the owner or operator must submit a report that details the dates of alternative fuel usage and the amount of alternative fuel used within 10 working days after the facility terminates the use of the alternative fuel.

    3. Compliance Testing and Monitoring

      Comment: One commenter stated that the requirement to test batch process sources during three separate process cycles is redundant, unnecessary, and burdensome. He believes that it would be adequate to test one process cycle. He pointed out that there are significant variations in product mixes and raw materials from cycle to cycle, and that while it could be argued that testing one cycle is adequate, it could also be argued that testing ten cycles is inadequate for characterizing emissions. He noted that testing during cool-down periods, in particular, is unnecessary.

      Response: We agree with the commenter that testing batch process sources for three cycles of a ``worst-case'' batch may be unnecessary to characterize emissions and control device performance. Under the final rule, we are requiring owners and operators of affected batch process sources to perform at least two test runs on each of two separate process cycles. We believe that a second test run is necessary to corroborate the results of the initial test run. However, we also note that each test run on a batch process source must be a minimum of 3 hours in duration, and for many batch process sources, the minimum test run duration is likely to be in excess of 10 hours. Thus, even requiring only two test runs will necessitate at least 20 hours of testing for such sources, and we consider a test of that duration to be adequate for demonstrating compliance with emission limits. We also note that other NESHAP, such as subparts U, JJJ, OOO, and UUUU to 40 CFR part 63, do not require batch process sources to be tested for three test runs.

      We are also including in the final rule a separate batch process testing provision for refractory products that are produced infrequently. In such cases, we are allowing owners and operators of affected batch process sources to test a single batch process cycle using two separate sampling trains simultaneously, rather than requiring them to conduct test runs over two separate batch cycles. Many refractory products that are produced in batch process sources are specialty items that may only be manufactured a few times per year. When such products represent the ``worst-case'' in terms of organic HAP emissions, requiring multiple test runs over separate process cycles could extend the test period over several weeks or months. Production of other refractory products could inadvertently be disrupted while the facility attempts to complete its compliance demonstration. We also point out that requiring performance tests on batch process sources to be conducted over no more than a single process cycle is not without precedent; at least four other NESHAP (subparts U, JJJ, OOO, and UUUU to 40 CFR part 63) require batch process sources to be tested over only a single process cycle. To satisfy this provision of today's final rule, owners or operators will be required to include in the Notification of Performance Test an explanation for why testing two separate batch cycles is impractical.

      Comment: Two commenters expressed concern with the requirement that the compliance test on an affected source would have to be repeated before

      [[Page 18741]]

      the facility began manufacturing a new product that represents the ``worst-case'' in terms of organic HAP emissions (i.e., the organic HAP processing rate for the new product would exceed the maximum organic HAP processing rate established during the most recent performance test). One commenter stated that this requirement would be costly, time-consuming, and could result in disruptions in production. Another commenter further elaborated that production delays could result while the facility tries to schedule a performance test. Both commenters requested that we specify a level for the allowable changes in the HAP content of raw materials and not require a new compliance test when the changes in HAP content are below that level. One of the commenters stated that a level of 10 percent would be appropriate.

      Response: We agree with the commenters that a new compliance test should not be required when a facility begins producing a new product that constitutes a slight increase in the maximum organic HAP processing rate established during the most recent performance test. We have written this provision in the final rule to allow increases in the maximum organic HAP processing rate up to 10 percent without triggering a new performance test. We believe this is appropriate for two reasons. The HAP content of some raw materials (e.g., resins or binders) used in refractory products manufacturing can vary slightly from shipment to shipment, and those variations may be beyond the control of the user. Even if the HAP content of the resin or binder is 10 percent more than the HAP content of the same material that was processed during the compliance test, the net increase in controlled emissions would most likely be within the measurement error of the test method. Therefore, we believe it is reasonable to allow increases of up to 10 percent in the organic HAP processing rate without requiring a new compliance test.

      Comment: Two commenters questioned the requirement for monitoring catalytic oxidizer temperatures at the inlet to the catalyst bed. Both commenters stated that monitoring the catalyst bed outlet temperatures would be a much better indicator of performance.

      Response: We disagree with the commenters that monitoring catalyst bed outlet temperatures would provide a better indication of catalyst oxidizer performance than monitoring catalyst bed inlet temperatures. Monitoring catalyst bed inlet temperatures ensures that the inlet gas stream is heated to the minimum temperature at which catalytic oxidation will occur. Above this minimum temperature, as temperature increases through catalytic oxidization, control (destruction) efficiency increases. We also note that the monitoring of inlet temperature must be performed at the inlet to the catalyst bed and not at the inlet to the oxidizer itself. After passing through the inlet to the oxidizer, the waste gases pass through a preheat zone, which raises the temperature to the minimum required for catalytic oxidization. Monitoring must take place between this preheat zone and the inlet to the catalyst bed. We do not believe that monitoring catalyst bed outlet temperatures would be appropriate for two reasons: (1) Catalyst bed outlet temperature is more of an indicator of the concentration of organics in the inlet gas stream; the higher the organic concentration at the inlet, the higher the bed outlet temperature; and (2) some catalytic oxidizers are equipped with heat recovery units that are located at the outlet of the catalyst bed and can interfere with bed outlet temperature monitoring. Consequently, we have concluded that monitoring the bed inlet temperature is a better indicator of the performance of catalytic oxidizers than bed outlet temperature monitoring. We continue to require catalyst bed inlet temperature monitoring in the final rule. In addition, we are requiring owners or operators of affected sources that are controlled with catalytic oxidizers to measure the activity of the catalyst bed at least every 12 months and take whatever corrective action is needed, such as replacing the catalyst, to ensure that the catalyst is performing as designed.

    4. Economic and Environmental Impacts

      Comment: Two commenters disagreed with our estimates of the annual increase in energy costs that would be associated with the proposed NESHAP. One of the commenters stated that, based on our estimated annual energy costs of $569,800 and estimated annual natural gas consumption of 644 million cubic feet (644 x 10\6\ ft\3\), the unit price for natural gas would be $0.89 per thousand standard cubic feet (scf) ($/1,000 scf) without accounting for electricity costs. If the cost of electricity is considered, the resulting unit price for natural gas would be even lower. He pointed out that current unit prices for natural gas are considerably higher. The average natural gas unit prices in four States (Kentucky, Missouri, Indiana, and Pennsylvania) for the years 2000 to 2002 ranged from $6.34 to $6.97/1,000 scf and averaged $6.37/1,000 scf for the four States. Based on data from the Department of Energy's Energy Information Administration (DOE-EIA), one of the commenters stated that the average unit price for natural gas in 2001 was $4.56/1,000 scf. The commenter believes that, regardless of which of these current unit prices are used, the estimated annual energy costs should have been several times greater.

      Response: After reviewing our estimated annual energy costs, we discovered an error in our estimate that an additional 644 x 10\6\ ft\3\ of natural gas would be consumed annually under the proposed NESHAP. That estimate was based on the inclusion of several sources that would not have been subject to the final rule. However, we did not use that figure (644 x 10\6\ ft\3\) to estimate annual energy costs. Our estimated annual energy costs were based on the assumption that annual natural gas consumption would increase by 158 x 10\6\ ft\3\. That figure was derived from the models used to estimate annual control costs, and we believe that figure is accurate. Using a consumption of 158 x 10\6\ ft\3\ of natural gas per year and a natural gas unit price of $3.30/1,000 scf, we estimated the cost of natural gas to be $520,200/yr. The difference between this cost and the total energy costs presented in the preamble to the proposed rule ($569,800) is the cost of electricity, which we estimated to be approximately $49,600/yr.

      We agree with the commenters that current natural gas unit prices are considerably higher than the unit price ($3.30/1,000 scf) that we used to estimate energy costs for the proposed rule. However, according to DOE-EIA, natural gas prices are projected to drop back to their pre- 1999 levels within a year and remain below $4.00/1,000 scf until the year 2020. Natural gas unit prices are projected to average $3.45/1,000 scf for the years 2006 to 2009, which represent the first 3 years in which facilities will be required to comply with the Refractory Products Manufacturing NESHAP. This average unit price is only slightly higher than the unit price of $3.30/1,000 scf that we used to estimate energy costs for the proposed rule. Furthermore, electricity prices are projected by DOE-EIA to average $0.043 per kilowatt-hour (kw-hr) for the same 3-year period, whereas our estimated energy costs were based on electricity unit prices of $0.059/kw-hr. Using those projected unit prices for natural gas and electricity, our energy costs for the proposed rule would have been $580,000, as compared to the figure of $569,800 reported in the preamble to the proposed rule. (See

      [[Page 18742]]

      Docket No. OAR-2002-0088 for additional information).

      Comment: Two commenters stated that the proposed Refractory Products Manufacturing NESHAP does not account for the current economic status of the refractory products manufacturing industry. One of the commenters noted that approximately 40 percent of the domestic steel industry is in bankruptcy, and the steel industry accounts for about 60 percent of the domestic refractory products market. He also pointed out that three major refractory products manufacturing companies are in bankruptcy, more than 30 plants have permanently closed in recent years, and pressure from foreign competition in the refractory products market is increasing. The other commenter reiterated the statements of the first commenter regarding bankruptcies among major domestic refractory producers and the increase in foreign competition.

      Response: During the early stages of regulatory development, we issued an information collection request (ICR) to the refractory products manufacturing industry. Our economic impact analysis (EIA) makes use of detailed facility-level data on production for the year 1997 obtained from the industry's responses to the ICR. This information, along with publically available data (i.e., U.S. Census Bureau), was used at proposal to construct a model of the markets for refractory products that is consistent with market, facility, and company conditions in 1997. Because the ICR provided data only for 1997, we are limited in our ability to update the model completely to reflect conditions in later years. However, for the final rule we have, to the extent practicable, updated the economic model to reflect current market conditions, including: (1) The exclusion of refractory manufacturing facilities known to have closed since the base year of 1997; (2) the assumption that producers will absorb the full cost of the rule; with only six out of 147 producers affected by the rule and the financial stress on the industry, we assume producers will be unable to increase market prices to recover some of their increase in production costs; and (3) the incorporation of parameters from a recent update of an iron and steel model to inform the estimated demand for refractories (i.e., the demand elasticity, or the sensitivity of demand from the steel market based on market conditions in the iron and steel industry). The iron and steel model was specifically revised to address current conditions in the steel industry.

      We also acknowledged in the EIA at proposal that both steel and refractory manufacturing companies are currently under financial stress. In the EIA, we discussed several trends that have placed considerable pressure on refractory manufacturers, including reduced production by integrated domestic steelmakers, improved quality of refractories (thus requiring less frequent replacement), and increased imports of refractory products.

      We note that the vast majority of facilities in the industry (both foreign and domestic producers) are unaffected by the rule. The regulatory costs of the rule are approximately $2 million per year, which represents a small share of total industry production costs of approximately $2,300 million per year. In the model for the final rule, prices are not predicted to change, and the quantities of refractories produced are projected to decrease by 3,792 tons. It is assumed that the loss in domestic production will be absorbed by foreign imports. Our analysis concludes these six facilities incurring regulatory costs will absorb the majority of the costs and burden of the rule, with one facility projected to close as a result of the rule. At the parent company level, the costs uniformly are less than 1 percent of baseline corporate sales. Overall, we have adjusted the economic model to address the issues raised by the commenters, and we believe that the final rule will have a limited impact on the refractory products manufacturing industry.

    5. Definitions

      Comment: Two commenters commented on how the term refractory product is defined in the proposed rule. Both commenters stated that, based on this definition, some graphite manufacturing sources could be confused with certain refractory products manufacturing sources that would be affected by the final rule. It is their understanding that we intend to develop a separate NESHAP for the graphite manufacturing industry, and graphite manufacturing sources, although similar to some refractory products manufacturing sources, would not be subject to the Refractory Products Manufacturing NESHAP. The commenters suggested adding the phrase, ``. . . containing less than 50 percent carbon'' to the definition of refractory product.

      Response: We agree with the commenters that the definition of refractory product in the proposed rule could inadvertently affect certain graphite manufacturing sources. Consequently, we have written the definition as requested by the commenters. In addition, we are including a definition for pitch-bonded refractory products in the final rule. We believe that definition will help to preclude graphite baking ovens, which are not subject to today's final rule, from being classified as pitch-bonded curing ovens, which are regulated under today's final rule.

      Comment: One commenter commented on how the term research and development process unit is defined in the proposed rule. The commenter stated that the proposed definition is inconsistent with the definition of research and development facilities specified in section 112(c)(7) of the CAA, 40 CFR 63.41, and several other NESHAP published in 40 CFR part 63. The difference between those definitions and the proposed definition specified in the Refractory Products Manufacturing NESHAP is the exclusion of the phrase ``in a de minimis manner'' from the proposed rule.

      Response: We agree with the commenter that the definition of research and development process unit in the Refractory Products Manufacturing NESHAP should be consistent with the definition of research facilities in the CAA and in other rules. We have written the definition of research and development process unit as suggested by the commenter.

  9. Summary of Impacts

    1. What Are the Health Impacts?

      The HAP that will be controlled by today's final rule are associated with a variety of adverse health effects. These adverse health effects include chronic health disorders (e.g., irritation of the lung, skin, and mucous membranes, gastrointestinal effects, and damage to the kidneys and liver) and acute health disorders (e.g., respiratory irritation and central nervous system effects such as drowsiness, headache, and nausea). The EPA has classified two of the HAP (formaldehyde and POM) as probable human carcinogens.

      The EPA does not have the type of current detailed data on each of the facilities and the people living around the facilities covered by today's final rule for this source category that would be necessary to conduct an analysis to determine the actual population exposures to the HAP emitted from these facilities and the potential for resultant health effects. Therefore, EPA does not know the extent to which the adverse health effects described above occur in the populations surrounding

      [[Page 18743]]

      these facilities. However, to the extent the adverse effects do occur, and today's final rule reduces emissions, subsequent exposures will be reduced.

      Following is a discussion of the health effects of seven HAP: ethylene glycol, formaldehyde, HF, HCl, methanol, phenol, and POM. Although today's rule will reduce emissions of HF and HCl from any new clay refractory product kilns that emit these HAP, it will not reduce emissions of these HAP from existing kilns. We estimate that emissions of methanol from affected existing thermal process sources of organic HAP (i.e., shape dryers, curing ovens, and kilns) also will not be reduced by today's final rule. However, methanol is a constituent of some resins used in resin-bonded refractory production, and today's final rule will regulate methanol emissions from any affected source that produces refractory products made with resins that contain methanol. Ethylene Glycol

      Acute (short-term) exposure of humans to ethylene glycol by ingesting large quantities causes central nervous system depression (including drowsiness and respiratory failure), gastrointestinal upset, cardiopulmonary effects, and renal damage. The only effects noted in the one available study of humans acutely exposed to low levels of ethylene glycol by inhalation were throat and upper respiratory tract irritation. Rats and mice exposed chronically (long-term) to ethylene glycol in their diet exhibited signs of kidney toxicity and liver effects. No information is available on the reproductive or developmental effects of ethylene glycol in humans, but several studies of rodents have shown ethylene glycol to be fetotoxic. The EPA has not classified ethylene glycol for carcinogenicity. Formaldehyde

      Both acute and chronic exposure to formaldehyde irritates the eyes, nose, and throat, and may cause coughing, chest pains, and bronchitis. Reproductive effects, such as menstrual disorders and pregnancy problems, have been reported in female workers exposed to formaldehyde. Limited human studies have reported an association between formaldehyde exposure and lung and nasopharyngeal cancer. Animal inhalation studies have reported an increased incidence of nasal squamous cell cancer. The EPA considers formaldehyde a probable human carcinogen (Group B2). Hydrogen Fluoride

      Acute inhalation exposure to gaseous HF can cause severe respiratory damage in humans, including severe irritation and pulmonary edema. Chronic exposure to fluoride at low levels has a beneficial effect of dental cavity prevention and may also be useful for the treatment of osteoporosis. Exposure to higher levels of fluoride may cause dental fluorosis or mottling, while very high exposures through drinking water or air can result in crippling skeletal fluorosis. One study reported menstrual irregularities in women occupationally exposed to fluoride. The EPA has not classified HF for carcinogenicity. Hydrogen Chloride

      Hydrogen chloride, also called hydrochloric acid, is corrosive to the eyes, skin, and mucous membranes. Acute inhalation exposure may cause eye, nose, and respiratory tract irritation and inflammation and pulmonary edema in humans. Chronic occupational exposure to HCl has been reported to cause gastritis, bronchitis, and dermatitis in workers. Prolonged exposure to low concentrations may also cause dental discoloration and erosion. No information is available on the reproductive or developmental effects of HCl in humans. In rats exposed to HCl by inhalation, altered estrus cycles have been reported in females, and increased fetal mortality and decreased fetal weight have been reported in offspring. The EPA has not classified HCl for carcinogenicity. Methanol

      Acute or chronic exposure of humans to methanol by inhalation or ingestion may result in blurred vision, headache, dizziness, and nausea. No information is available on the reproductive, developmental, or carcinogenic effects of methanol in humans. Birth defects have been observed in the offspring of rats and mice exposed to methanol by inhalation. A methanol inhalation study using rhesus monkeys reported a decrease in the length of pregnancy and limited evidence of impaired learning ability in offspring. The EPA has not classified methanol with respect to carcinogenicity. Phenol

      Acute inhalation and dermal exposure to phenol is highly irritating to the skin, eyes, and mucous membranes in humans. Oral exposure to small amounts of phenol may cause irregular breathing, muscular weakness and tremors, coma, and respiratory arrest at lethal concentrations. Anorexia, progressive weight loss, diarrhea, vertigo, salivation, and a dark coloration of the urine have been reported in chronically exposed humans. Gastrointestinal irritation and blood and liver effects have also been reported. No studies of developmental or reproductive effects of phenol in humans are available, but animal studies have reported reduced fetal body weights, growth retardation, and abnormal development in the offspring of animals exposed to phenol by the oral route. The EPA has classified phenol in Group D, not classifiable as to human carcinogenicity. Polycyclic Organic Matter

      The term polycyclic organic matter defines a broad class of compounds that includes the polycyclic aromatic hydrocarbon (PAH) compounds, of which benzo[a]pyrene is a member. Dermal exposures to mixtures of PAH cause skin disorders in humans and animals. No information is available on the reproductive or developmental effects of POM in humans, but animal studies have reported that oral exposure to benzo[a]pyrene causes reproductive and developmental effects. Human studies have reported an increase in lung cancer in humans exposed to POM-bearing mixtures including coke oven emissions, roofing tar emissions, and cigarette smoke. Animal studies have reported respiratory tract tumors from inhalation exposure to benzo[a]pyrene and forestomach tumors, leukemia, and lung tumors from oral exposure to benzo[a]pyrene. The EPA has classified seven PAH compounds (benzo[a]pyrene, benz[a]anthracene, chrysene, benzo[b]fluoranthene, benzo[k]fluoranthene, dibenz[a,h]anthracene, and indeno[1,2,3- cd]pyrene) as Group B2, probable human carcinogens.

    2. What Are the Air Emission Reduction Impacts?

      At the current level of control and 1996 production levels, we estimate nationwide emissions of HAP from the refractory products manufacturing industry to be about 246 Mg/yr (271 tpy). For the eight refractory products facilities that we estimate to be major sources, baseline annual HAP emissions are about 153 Mg/yr (169 tpy). We estimate that today's final rule will reduce nationwide HAP emissions by about 124 Mg/yr (137 tpy).

      Among the major sources, POM emissions account for approximately 60 percent of the total annual HAP emissions. Phenol, HF, HCl, and ethylene glycol account for 13 percent, 10 percent, 7 percent, and 7 percent of total annual HAP emissions,

      [[Page 18744]]

      respectively. Formaldehyde and chromium compounds each account for less than 1 percent of total baseline annual HAP emissions. Today's final rule will reduce annual POM emissions by as much as 90 Mg/yr (99 tpy). Emissions of phenol and ethylene glycol will be reduced by approximately 19 Mg/yr (21 tons/year) and 11 Mg/yr (12 tpy), respectively. Implementing today's rule will also reduce volatile organic compound (VOC) and carbon monoxide (CO) emissions by 166 Mg/yr (182 tpy) and 71 Mg/yr (78 tpy), respectively. The final rule will result in an increase in annual nitrogen oxides (NOX) emissions of about 79 Mg/yr (87 tpy) due to the operation of additional thermal oxidizers to control organic HAP emissions.

      Indirect or secondary air impacts of today's final rule result from increased electricity usage associated with operation of control devices required by the rule. Assuming that affected plants will purchase electricity from a power plant, we estimate that the final rule will result in increases of secondary emissions of criteria pollutants, including particulate matter less than 10 micrometers in aerodynamic diameter (PM-10), sulfur dioxide (SO2), NOX, and CO from power plants. Under today's final rule, secondary PM-10 emissions will increase by 0.22 Mg/yr (0.24 tpy); secondary SO2emissions will increase by about 8.9 Mg/yr (9.8 tpy); secondary NOXemissions will increase about 4.5 Mg/yr (4.9 tpy); and secondary CO emissions will increase by about 0.15 Mg/yr (0.16 tpy).

      We estimate that there will be no new sources within the refractory products manufacturing industry within the next 3 years. Therefore, we are not projecting air impacts for new sources under today's final rule.

    3. What Are the Cost Impacts?

      The estimated total capital costs of today's final rule are $4.6 million. These capital costs apply to existing sources and include the costs to purchase and install thermal oxidizers on affected sources that are not currently controlled. The estimated annualized cost of today's final rule is $2.3 million. The annualized costs account for the annualized capital costs of the control and monitoring equipment, operation and maintenance expenses, performance testing, and recordkeeping and reporting costs.

    4. What Are the Economic Impacts?

      Given the estimated costs to comply with the regulation, we prepared an economic analysis to evaluate how these costs would impact producers and consumers of refractories, and society as a whole. The refractory products manufacturing industry currently consists of 147 establishments. There are eight major sources in the industry affected by the rule, six of which will incur costs to reduce emissions and report compliance, and two of which only incur minor recordkeeping and reporting costs. In recent years, the industry has experienced substantial financial stress that coincides with the decline in the steel industry, which is a major consumer of refractory products. Since our analysis at proposal, the number of facilities in operation has decreased by 14 due to bankruptcies or closures.

      The industry consists of three market sectors, including: bricks and shapes, monolithics, and RCF. In 1997, the industry produced about two million tons of bricks and shapes, 870,000 tons of monolithics, and about 34,000 tons of RCF for a total market value of approximately two billion dollars.

      The total annualized regulatory compliance cost of the rule is $2.3 million (in 1998 dollars), which represents 0.001 percent of total market value. Because foreign competition currently has a strong influence on this industry, and only six out of 147 producers are affected by the rule, our analysis of the final rule assumes that producers of bricks and shapes will not be able to increase prices to recover a portion of the compliance costs. Thus, these producers are assumed to absorb the full cost of the regulation, which represents the maximum potential impact on producers. If prices happen to rise as a result of the regulation, impacts on producers will be lower than reported here.

      Our analysis predicts that domestic production of bricks and shapes will decrease by approximately 4,000 tons (or 2/10ths of one percent). Foreign imports are assumed to absorb this loss in domestic production, which represents approximately two percent of total foreign imports. The monolithics and RCF sectors of the market are not subject to the rule and thus no price or production level changes are predicted. After accounting for the changes in the market for refractories and the increase in foreign imports, the total cost of the regulation on society as a whole is approximately $2 million.

      Of the eight plants affected by the rule, one facility may close due to regulatory costs. The estimated regulatory cost to this facility assumes the use of add-on controls, which would exceed the total revenues of this facility, hence our model estimates that it would close. However, we recognize that this facility, as well as the other affected facilities, have several options to change input materials, or attributes of their production process such that they could substantially reduce the cost associated with add-on control technology. Without explicit knowledge of decisions to be made by this and other facilities in response to the regulation, our analysis assumes that only add-on control technology will be installed.

    5. What Are the Non-Air Quality Environmental and Energy Impacts?

      To comply with today's final rule, we expect that affected facilities will control organic HAP emissions by installing and operating thermal oxidizers. Therefore, we project that today's rule will have no water or solid waste impacts.

      Energy impacts consist of the electricity and fuel needed to operate control devices and other equipment that are required under the final rule. Assuming that affected facilities comply with the final rule by installing and operating thermal oxidizers, we project that today's final rule will increase overall energy demand (i.e., electricity and natural gas) by about 280 thousand gigajoules per year (265 billion British thermal units per year). Electricity requirements are expected to increase by about 1,570 megawatt-hours per year under today's rule. Natural gas requirements are expected to increase by about 7 million cubic meters per year (250 million cubic feet per year) under today's final rule.

  10. Statutory and Executive Order Reviews

    1. Executive Order 12866: Regulatory Planning and Review

      Under Executive Order 12866 (58 FR 51735, October 4, 1993), EPA must determine whether the regulatory action is ``significant'' and, therefore, subject to review by the Office of Management and Budget (OMB) and the requirements of the Executive Order. The Executive Order defines ``significant regulatory action'' as one that is likely to result in a rule that may:

      (1) Have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities;

      (2) Create a serious inconsistency or otherwise interfere with an action taken or planned by another agency;

      (3) Materially alter the budgetary impact of entitlements, grants, user fees,

      [[Page 18745]]

      or loan programs, or the rights and obligation of recipients thereof; or

      (4) Raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in the Executive Order.

      Pursuant to the terms of Executive Order 12866, it has been determined that this rule is not a ``significant regulatory action'' because none of the listed criteria applies to this action. Consequently, this action was not submitted to OMB for review under Executive Order 12866.

    2. Paperwork Reduction Act

      The information collection requirements in the final rule will be submitted for approval to OMB under the requirements of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. The EPA has prepared an Information Collection Request (ICR) document (ICR No. 2040.01), and a copy may be obtained from Susan Auby by mail at U.S. EPA, Office of Environmental Information, Collection Strategies Division (MD-2822T), 1200 Pennsylvania Avenue, NW., Washington, DC 20460; by e-mail at auby.susan@epa.gov; or by calling (202) 566-1672. You may also download a copy off the Internet at http://www.epa.gov/icr. The information requirements are not enforceable until OMB approves them.

      The information requirements are based on notification, recordkeeping, and reporting requirements in the NESHAP General Provisions (40 CFR part 63, subpart A), which are mandatory for all operators subject to national emission standards. These recordkeeping and reporting requirements are specifically authorized by section 114 of the CAA (42 U.S.C. 7414). All information submitted to EPA pursuant to the recordkeeping and reporting requirements for which a claim of confidentiality is made is safeguarded according to EPA's policies set forth in 40 CFR part 2, subpart B.

      With two exceptions, the final rule will not require any notifications, reports, or recordkeeping beyond those required by the NESHAP General Provisions. The first exception applies to facilities that operate sources that are subject to limits on the type of fuel used. In such cases, the owner or operator may use an alternative fuel under certain conditions but must submit a notification before using the alternative fuel, must report on alternative fuel use after terminating use of the alternative fuel, and must maintain records of alternative fuel use. The second exception pertains to continuous kilns; the final rule requires reporting and recordkeeping whenever the control device used on a continuous kiln is taken offline for scheduled maintenance.

      The annual monitoring, reporting, and recordkeeping burden for this collection of information (averaged over the first 3 years after the effective date of the rule) is estimated to be 726 labor hours per year at a total annual cost of $31,460. This burden estimate includes time for acquisition, installation, and use of monitoring technology and systems; preparation and a one-time submission of an SSMP, with immediate reports for any event when the procedures in the plan were not followed; preparation of an OM&M plan; one-time notifications; semiannual compliance reports; and recordkeeping. Total annualized capital/startup costs associated with the monitoring requirements (e.g., costs for hiring performance test contractors and purchase of monitoring and file storage equipment) over the 3-year period of the ICR are estimated at $45,390, with operation and maintenance costs of $910/yr.

      Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information.

      An Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a current valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.

    3. Regulatory Flexibility Act (RFA)

      The EPA has determined that it is not necessary to prepare a regulatory flexibility analysis in connection with the final rule. The EPA has also determined that the rule will not have a significant economic impact on a substantial number of small entities. For purposes of assessing the impact of today's rule on small entities, small entities are defined as: (1) A small business whose parent company has fewer than 500 employees, according to Small Business Administration size standards established under the NAICS for the industries affected by today's rule; (2) a small governmental jurisdiction that is a government or a city, county, town, school district or special district with a population of less than 50,000; or (3) a small organization that is any not-for-profit enterprise that is independently owned and operated and is not dominant in its field.

      After considering the economic impacts of today's final rule on small entities, EPA has concluded that this action will not have a significant economic impact on a substantial number of small entities. We have determined that of the six facilities affected by the rule, there is one facility owned by a small company that will experience an impact of less than one-half of one percent (THC-C=THC concentration, corrected to 18 percent oxygen, parts per million by volume, dry basis (ppmvd) C THC=THC concentration (uncorrected), ppmvd CO2=oxygen concentration, percent.

      (2) To determine compliance with any of the emission limits based on percentage reduction across an emissions control system specified in Table 1 to this subpart, you must calculate the percentage reduction for each test run using Equation 2 of this section:

      [GRAPHIC] [TIFF OMITTED] TR16AP03.001

      Where:

      PR=percentage reduction, percent ERi=mass emissions rate of specific HAP or pollutant (THC, HF, or HCl) entering the control device, kilograms (pounds) per hour ERo=mass emissions rate of specific HAP or pollutant (THC, HF, or HCl) exiting the control device, kilograms (pounds) per hour.

      (3) To determine compliance with production-based hydrogen fluoride (HF) and hydrogen chloride (HCl) emission limits in Table 1 to this subpart, you must calculate your mass emissions per unit of uncalcined clay processed for each test run using Equation 3 of this section:

      [GRAPHIC] [TIFF OMITTED] TR16AP03.002

      Where:

      MP=mass per unit of production, kilograms of pollutant per megagram (pounds per ton) of uncalcined clay processed ER=mass emissions rate of specific HAP (HF or HCl) during each performance test run, kilograms (pounds) per hour P=average uncalcined clay processing rate for the performance test, megagrams (tons) of uncalcined clay processed per hour.

      (h) You must establish each site-specific operating limit in Table 2 to

      [[Page 18751]]

      this subpart that applies to you, as specified in Table 4 to this subpart.

      (i) For each affected source that is equipped with an add-on APCD that is not addressed in Table 2 to this subpart or that is using process changes as a means of meeting the emission limits in Table 1 to this subpart, you must meet the requirements in Sec. 63.8(f) and paragraphs (i)(1) through (3) of this section.

      (1) For sources subject to the THC concentration limit specified in item 3 or 7 of Table 1 to this subpart, you must satisfy the requirements specified in paragraphs (i)(1)(i) through (iii) of this section.

      (i) You must install a THC continuous emissions monitoring system (CEMS) at the outlet of the control device or in the stack of the affected source.

      (ii) You must meet the requirements specified in Performance Specification (PS) 8 of 40 CFR part 60, appendix B.

      (iii) You must meet the requirements specified in Procedure 1 of 40 CFR part 60, appendix F.

      (2) For sources subject to the emission limits specified in item 3, 4, 7, or 8 of Table 1 to this subpart, you must submit a request for approval of alternative monitoring methods to the Administrator no later than the submittal date for the Notification of Performance Test, as specified in Sec. 63.9812(d). The request must contain the information specified in paragraphs (i)(2)(i) through (v) of this section.

      (i) Description of the alternative add-on APCD or process changes.

      (ii) Type of monitoring device or method that will be used, including the sensor type, location, inspection procedures, quality assurance and quality control measures, and data recording device.

      (iii) Operating parameters that will be monitored.

      (iv) Frequency that the operating parameter values will be determined and recorded to establish continuous compliance with the operating limits.

      (v) Averaging time.

      (3) You must establish site-specific operating limits during the performance test based on the information included in the approved alternative monitoring methods request and, as applicable, as specified in Table 4 to this subpart.

      Sec. 63.9802 How do I develop an emissions profile?

      If you decide to develop an emissions profile for an affected batch process source; as indicated in item 8(a)(i)(4) or 17(b)(i)(4) of Table 4 to this subpart, you must measure and record mass emissions of the applicable pollutant throughout a complete batch cycle of the affected batch process source according to the procedures described in paragraph (a) or (b) of this section.

      (a) If your affected batch process source is subject to the THC concentration limit specified in item 6(a), 7(a), 8, or 9 of Table 1 to this subpart or the THC percentage reduction limit specified in item 6(b) or 7(b) of Table 1 to this subpart, you must measure and record the THC mass emissions rate at the inlet to the control device using the test methods, averaging periods, and procedures specified in items 10(a) and (b) of Table 4 to this subpart for each complete hour of the batch process cycle.

      (b) If your affected batch process source is subject to the HF and HCl percentage reduction emission limits in item 11 of Table 1 to this subpart, you must measure and record the HF mass emissions rate at the inlet to the control device through a series of 1-hour test runs according to the test method specified in item 14(a) of Table 4 to this subpart for each complete hour of the batch process cycle.

      Sec. 63.9804 What are my monitoring system installation, operation, and maintenance requirements?

      (a) You must install, operate, and maintain each CPMS required by this subpart according to your OM&M plan and the requirements in paragraphs (a)(1) through (15) of this section.

      (1) You must satisfy all applicable requirements of performance specifications for CPMS specified in 40 CFR part 60, appendix B, upon promulgation of such performance specifications.

      (2) You must satisfy all applicable requirements of quality assurance (QA) procedures for CPMS specified in 40 CFR part 60, appendix F, upon promulgation of such QA procedures.

      (3) You must install each sensor of your CPMS in a location that provides representative measurement of the appropriate parameter over all operating conditions, taking into account the manufacturer's guidelines.

      (4) You must use a CPMS that is capable of measuring the appropriate parameter over a range that extends from a value of at least 20 percent less than the lowest value that you expect your CPMS to measure, to a value of at least 20 percent greater than the highest value that you expect your CPMS to measure.

      (5) You must use a data acquisition and recording system that is capable of recording values over the entire range specified in paragraph (a)(4) of this section.

      (6) You must use a signal conditioner, wiring, power supply, and data acquisition and recording system that are compatible with the output signal of the sensors used in your CPMS.

      (7) You must perform an initial calibration of your CPMS based on the procedures specified in the manufacturer's owner's manual.

      (8) You must use a CPMS that is designed to complete a minimum of one cycle of operation for each successive 15-minute period. To have a valid hour of data, you must have at least three of four equally-spaced data values (or at least 75 percent of the total number of values if you collect more than four data values per hour) for that hour (not including startup, shutdown, malfunction, or out-of-control periods).

      (9) You must record valid data from at least 90 percent of the hours during which the affected source or process operates.

      (10) You must determine and record the 15-minute block averages of all measurements, calculated after every 15 minutes of operation as the average of the previous 15 operating minutes (not including periods of startup, shutdown, or malfunction).

      (11) You must determine and record the 3-hour block averages of all 15-minute recorded measurements, calculated after every 3 hours of operation as the average of the previous 3 operating hours (not including periods of startup, shutdown, or malfunction).

      (12) You must record the results of each inspection, calibration, initial validation, and accuracy audit.

      (13) At all times, you must maintain your CPMS including, but not limited to, maintaining necessary parts for routine repairs of the CPMS.

      (14) You must perform an initial validation of your CPMS under the conditions specified in paragraphs (14)(i) and (ii) of this section.

      (i) Prior to the initial performance test on the affected source for which the CPMS is required.

      (ii) Within 180 days of your replacing or relocating one or more of the sensors of your CPMS.

      (15) Except for redundant sensors, as defined in Sec. 63.9824, any device that you use to conduct an initial validation or accuracy audit of your CPMS must meet the accuracy requirements specified in paragraphs (15)(i) and (ii) of this section.

      (i) The device must have an accuracy that is traceable to National Institute of Standards and Technology (NIST) standards.

      (ii) The device must be at least three times as accurate as the required accuracy for the CPMS.

      [[Page 18752]]

      (b) For each temperature CPMS that is used to monitor the combustion chamber temperature of a thermal oxidizer or the catalyst bed inlet temperature of a catalytic oxidizer, you must meet the requirements in paragraphs (a) and (b)(1) through (6) of this section.

      (1) Use a temperature CPMS with a minimum accuracy of +/-1.0 percent of the temperature value or 2.8 degrees Celsius ([deg]C) (5 degrees Fahrenheit ([deg]F)), whichever is greater.

      (2) Use a data recording system with a minimum resolution of one- half or better of the required CPMS accuracy specified in paragraph (b)(1) of this section.

      (3) Perform an initial validation of your CPMS according to the requirements in paragraph (3)(i) or (ii) of this section.

      (i) Place the sensor of a calibrated temperature measurement device adjacent to the sensor of your temperature CPMS in a location that is subject to the same environment as the sensor of your temperature CPMS. The calibrated temperature measurement device must satisfy the accuracy requirements of paragraph (a)(15) of this section. While the process and control device that is monitored by your CPMS are operating normally, record concurrently and compare the temperatures measured by your temperature CPMS and the calibrated temperature measurement device. Using the calibrated temperature measurement device as the reference, the temperature measured by your CPMS must be within the accuracy specified in paragraph (b)(1) of this section.

      (ii) Perform any of the initial validation methods for temperature CPMS specified in performance specifications for CPMS established in 40 CFR part 60, appendix B.

      (4) Perform an accuracy audit of your temperature CPMS at least quarterly, according to the requirements in paragraph (b)(4)(i), (ii), or (iii) of this section.

      (i) If your temperature CPMS includes a redundant temperature sensor, record three pairs of concurrent temperature measurements within a 24-hour period. Each pair of concurrent measurements must consist of a temperature measurement by each of the two temperature sensors. The minimum time interval between any two such pairs of consecutive temperature measurements is 1 hour. The measurements must be taken during periods when the process and control device that is monitored by your temperature CPMS are operating normally. Calculate the mean of the three values for each temperature sensor. The mean values must agree within the required overall accuracy of the CPMS, as specified in paragraph (b)(1) of this section.

      (ii) If your temperature CPMS does not include a redundant temperature sensor, place the sensor of a calibrated temperature measurement device adjacent to the sensor of your temperature CPMS in a location that is subject to the same environment as the sensor of your temperature CPMS. The calibrated temperature measurement device must satisfy the accuracy requirements of paragraph (a)(15) of this section. While the process and control device that is monitored by your temperature CPMS are operating normally, record concurrently and compare the temperatures measured by your CPMS and the calibrated temperature measurement device. Using the calibrated temperature measurement device as the reference, the temperature measured by your CPMS must be within the accuracy specified in paragraph (b)(1) of this section.

      (iii) Perform any of the accuracy audit methods for temperature CPMS specified in QA procedures for CPMS established in 40 CFR part 60, appendix F.

      (5) Conduct an accuracy audit of your CPMS following any 24-hour period throughout which the temperature measured by your CPMS exceeds the manufacturer's specified maximum operating temperature range, or install a new temperature sensor.

      (6) If your CPMS is not equipped with a redundant temperature sensor, perform at least quarterly a visual inspection of all components of the CPMS for integrity, oxidation, and galvanic corrosion.

      (c) For each pressure CPMS that is used to monitor the pressure drop across a DLA or wet scrubber, you must meet the requirements in paragraphs (a) and (c)(1) through (7) of this section.

      (1) Use a pressure CPMS with a minimum accuracy of +/-5.0 percent or 0.12 kilopascals (kPa) (0.5 inches of water column (in. w.c.)), whichever is greater.

      (2) Use a data recording system with a minimum resolution of one- half the required CPMS accuracy specified in paragraph (c)(1) of this section, or better.

      (3) Perform an initial validation of your pressure CPMS according to the requirements in paragraph (c)(3)(i) or (ii) of this section.

      (i) Place the sensor of a calibrated pressure measurement device adjacent to the sensor of your pressure CPMS in a location that is subject to the same environment as the sensor of your pressure CPMS. The calibrated pressure measurement device must satisfy the accuracy requirements of paragraph (a)(15) of this section. While the process and control device that is monitored by your CPMS are operating normally, record concurrently and compare the pressure measured by your CPMS and the calibrated pressure measurement device. Using the calibrated pressure measurement device as the reference, the pressure measured by your CPMS must be within the accuracy specified in paragraph (c)(1) of this section.

      (ii) Perform any of the initial validation methods for pressure CPMS specified in performance specifications for CPMS established in 40 CFR part 60, appendix B.

      (4) Perform an accuracy audit of your pressure CPMS at least quarterly, according to the requirements in paragraph (c)(4)(i), (ii), or (iii) of this section.

      (i) If your pressure CPMS includes a redundant pressure sensor, record three pairs of concurrent pressure measurements within a 24-hour period. Each pair of concurrent measurements must consist of a pressure measurement by each of the two pressure sensors. The minimum time interval between any two such pairs of consecutive pressure measurements is 1 hour. The measurements must be taken during periods when the process and control device that is monitored by your CPMS are operating normally. Calculate the mean of the three pressure measurement values for each pressure sensor. The mean values must agree within the required overall accuracy of the CPMS, as specified in paragraph (c)(1) of this section.

      (ii) If your pressure CPMS does not include a redundant pressure sensor, place the sensor of a calibrated pressure measurement device adjacent to the sensor of your pressure CPMS in a location that is subject to the same environment as the sensor of your pressure CPMS. The calibrated pressure measurement device must satisfy the accuracy requirements of paragraph (a)(15) of this section. While the process and control device that is monitored by your pressure CPMS are operating normally, record concurrently and compare the pressure measured by your CPMS and the calibrated pressure measurement device. Using the calibrated pressure measurement device as the reference, the pressure measured by your CPMS must be within the accuracy specified in paragraph (c)(1) of this section.

      (iii) Perform any of the accuracy audit methods for pressure CPMS specified in

      [[Page 18753]]

      QA procedures for CPMS established in 40 CFR part 60, appendix F.

      (5) Conduct an accuracy audit of your CPMS following any 24-hour period throughout which the pressure measured by your CPMS exceeds the manufacturer's specified maximum operating pressure range, or install a new pressure sensor.

      (6) At least monthly, check all mechanical connections on your CPMS for leakage.

      (7) If your CPMS is not equipped with a redundant pressure sensor, perform at least quarterly a visual inspection of all components of the CPMS for integrity, oxidation, and galvanic corrosion.

      (d) For each liquid flow rate CPMS that is used to monitor the liquid flow rate in a wet scrubber, you must meet the requirements in paragraphs (a) and (d)(1) through (7) of this section.

      (1) Use a flow rate CPMS with a minimum accuracy of +/-5.0 percent or 1.9 liters per minute (L/min) (0.5 gallons per minute (gal/min)), whichever is greater.

      (2) Use a data recording system with a minimum resolution of one- half the required CPMS accuracy specified in paragraph (d)(1) of this section, or better.

      (3) Perform an initial validation of your CPMS according to the requirements in paragraph (3)(i) or (ii) of this section.

      (i) Use a calibrated flow rate measurement system to measure the liquid flow rate in a location that is adjacent to the measurement location for your flow rate CPMS and is subject to the same environment as your flow rate CPMS. The calibrated flow rate measurement device must satisfy the accuracy requirements of paragraph (a)(15) of this section. While the process and control device that is monitored by your flow rate CPMS are operating normally, record concurrently and compare the flow rates measured by your flow rate CPMS and the calibrated flow rate measurement device. Using the calibrated flow rate measurement device as the reference, the flow rate measured by your CPMS must be within the accuracy specified in paragraph (d)(1) of this section.

      (ii) Perform any of the initial validation methods for liquid flow rate CPMS specified in performance specifications for CPMS established in 40 CFR part 60, appendix B.

      (4) Perform an accuracy audit of your flow rate CPMS at least quarterly, according to the requirements in paragraph (d)(4)(i), (ii), or (iii) of this section.

      (i) If your flow rate CPMS includes a redundant sensor, record three pairs of concurrent flow rate measurements within a 24-hour period. Each pair of concurrent measurements must consist of a flow rate measurement by each of the two flow rate sensors. The minimum time interval between any two such pairs of consecutive flow rate measurements is 1 hour. The measurements must be taken during periods when the process and control device that is monitored by your flow rate CPMS are operating normally. Calculate the mean of the three flow rate measurement values for each flow rate sensor. The mean values must agree within the required overall accuracy of the CPMS, as specified in paragraph (d)(1) of this section.

      (ii) If your flow rate CPMS does not include a redundant flow rate sensor, place the sensor of a calibrated flow rate measurement device adjacent to the sensor of your flow rate CPMS in a location that is subject to the same environment as the sensor of your flow rate CPMS. The calibrated flow rate measurement device must satisfy the accuracy requirements of paragraph (a)(15) of this section. While the process and control device that is monitored by your flow rate CPMS are operating normally, record concurrently and compare the flow rate measured by your pressure CPMS and the calibrated flow rate measurement device. Using the calibrated flow rate measurement device as the reference, the flow rate measured by your CPMS must be within the accuracy specified in paragraph (d)(1) of this section.

      (iii) Perform any of the accuracy audit methods for liquid flow rate CPMS specified in QA procedures for CPMS established in 40 CFR part 60, appendix F.

      (5) Conduct an accuracy audit of your flow rate CPMS following any 24-hour period throughout which the flow rate measured by your CPMS exceeds the manufacturer's specified maximum operating range, or install a new flow rate sensor.

      (6) At least monthly, check all mechanical connections on your CPMS for leakage.

      (7) If your CPMS is not equipped with a redundant flow rate sensor, perform at least quarterly a visual inspection of all components of the CPMS for integrity, oxidation, and galvanic corrosion.

      (e) For each pH CPMS that is used to monitor the pH of a wet scrubber liquid, you must meet the requirements in paragraphs (a) and (e)(1) through (5) of this section.

      (1) Use a pH CPMS with a minium accuracy of +/-0.2 pH units.

      (2) Use a data recording system with a minimum resolution of 0.1 pH units, or better.

      (3) Perform an initial validation of your pH CPMS according to the requirements in paragraph (e)(3)(i) or (ii) of this section.

      (i) Perform a single-point calibration using an NIST-certified buffer solution that is accurate to within +/-0.02 pH units at 25[deg]C (77[deg]F). If the expected pH of the liquid that is monitored lies in the acidic range (less than 7 pH), use a buffer solution with a pH value of 4.00. If the expected pH of the liquid that is monitored is neutral or lies in the basic range (equal to or greater than 7 pH), use a buffer solution with a pH value of 10.00. Place the electrode of your pH CPMS in the container of buffer solution. Record the pH measured by your CPMS. Using the certified buffer solution as the reference, the pH measured by your CPMS must be within the accuracy specified in paragraph (e)(1) of this section.

      (ii) Perform any of the initial validation methods for pH CPMS specified in performance specifications for CPMS established in 40 CFR part 60, appendix B.

      (4) Perform an accuracy audit of your pH CPMS at least weekly, according to the requirements in paragraph (e)(4)(i), (ii), or (iii) of this section.

      (i) If your pH CPMS includes a redundant pH sensor, record the pH measured by each of the two pH sensors. The measurements must be taken during periods when the process and control device that is monitored by your pH CPMS are operating normally. The two pH values must agree within the required overall accuracy of the CPMS, as specified in paragraph (e)(1) of this section.

      (ii) If your pH CPMS does not include a redundant pH sensor, perform a single point calibration using an NIST-certified buffer solution that is accurate to within +/-0.02 pH units at 25[deg]C (77[deg]F). If the expected pH of the liquid that is monitored lies in the acidic range (less than 7 pH), use a buffer solution with a pH value of 4.00. If the expected pH of the liquid that is monitored is neutral or lies in the basic range (equal to or greater than 7 pH), use a buffer solution with a pH value of 10.00. Place the electrode of the pH CPMS in the container of buffer solution. Record the pH measured by your CPMS. Using the certified buffer solution as the reference, the pH measured by your CPMS must be within the accuracy specified in paragraph (e)(1) of this section.

      (iii) Perform any of the accuracy audit methods for pH CPMS specified in QA

      [[Page 18754]]

      procedures for CPMS established in 40 CFR part 60, appendix F.

      (5) If your CPMS is not equipped with a redundant pH sensor, perform at least monthly a visual inspection of all components of the CPMS for integrity, oxidation, and galvanic corrosion.

      (f) For each bag leak detection system, you must meet the requirements in paragraphs (f)(1) through (11) of this section.

      (1) Each triboelectric bag leak detection system must be installed, calibrated, operated, and maintained according to the ``Fabric Filter Bag Leak Detection Guidance'' (EPA-454/R-98-015, September 1997). That document is available from the U.S. EPA; Office of Air Quality Planning and Standards; Emissions, Monitoring and Analysis Division; Emission Measurement Center (D205-02), Research Triangle Park, NC 27711. It is also available on the Technology Transfer Network (TTN) at the following address: http://www.epa.gov/ttn/emc/cem.html. Other types of bag leak detection systems must be installed, operated, calibrated, and maintained in a manner consistent with the manufacturer's written specifications and recommendations.

      (2) The bag leak detection system must be certified by the manufacturer to be capable of detecting particulate matter (PM) emissions at concentrations of 10 milligrams per actual cubic meter (0.0044 grains per actual cubic foot) or less.

      (3) The bag leak detection system sensor must provide an output of relative PM loadings.

      (4) The bag leak detection system must be equipped with a device to continuously record the output signal from the sensor.

      (5) The bag leak detection system must be equipped with an alarm system that will be engaged automatically when an increase in relative PM emissions over a preset level is detected. The alarm must be located where it is easily recognized by plant operating personnel.

      (6) For positive pressure fabric filter systems, a bag leak detector must be installed in each baghouse compartment or cell.

      (7) For negative pressure or induced air fabric filters, the bag leak detector must be installed downstream of the fabric filter.

      (8) Where multiple detectors are required, the system's instrumentation and alarm may be shared among detectors.

      (9) The baseline output must be established by adjusting the range and the averaging period of the device and establishing the alarm set points and the alarm delay time according to section 5.0 of the ``Fabric Filter Bag Leak Detection Guidance.''

      (10) Following initial adjustment of the system, the owner or operator must not adjust the sensitivity or range, averaging period, alarm set points, or alarm delay time except as detailed in the OM&M plan. In no case may the sensitivity be increased by more than 100 percent or decreased by more than 50 percent over a 365-day period unless such adjustment follows a complete fabric filter inspection that demonstrates that the fabric filter is in good operating condition. You must record each adjustment of your bag leak detection system.

      (11) Record the results of each inspection, calibration, and validation check.

      (g) For each lime feed rate measurement device that is used to monitor the lime feed rate of a dry injection fabric filter (DIFF) or dry lime scrubber/fabric filter (DLS/FF), or the chemical feed rate of a wet scrubber, you must meet the requirements in paragraph (a) of this section.

      (h) For each affected source that is subject to the emission limit specified in item 3, 4, 7, or 8 of Table 1 to this subpart, you must satisfy the requirements of paragraphs (h)(1) through (3) of this section.

      (1) Install a THC CEMS at the outlet of the control device or in the stack of the affected source.

      (2) Meet the requirements of PS-8 of 40 CFR part 60, appendix B.

      (3) Meet the requirements of Procedure 1 of 40 CFR part 60, appendix F.

      (i) Requests for approval of alternate monitoring methods must meet the requirements in Sec. Sec. 63.9800(i)(2) and 63.8(f).

      Sec. 63.9806 How do I demonstrate initial compliance with the emission limits, operating limits, and work practice standards?

      (a) You must demonstrate initial compliance with each emission limit that applies to you according to the requirements specified in Table 5 to this subpart.

      (b) You must establish each site-specific operating limit in Table 2 to this subpart that applies to you according to the requirements specified in Sec. 63.9800 and Table 4 to this subpart.

      (c) You must demonstrate initial compliance with each work practice standard that applies to you according to the requirements specified in Table 6 to this subpart.

      (d) You must submit the Notification of Compliance Status containing the results of the initial compliance demonstration according to the requirements in Sec. 63.9812(e).

      Continuous Compliance Requirements

      Sec. 63.9808 How do I monitor and collect data to demonstrate continuous compliance?

      (a) You must monitor and collect data according to this section.

      (b) At all times, you must maintain your monitoring systems including, but not limited to, maintaining necessary parts for routine repairs of the monitoring equipment.

      (c) Except for, as applicable, monitoring system malfunctions, associated repairs, and required quality assurance or quality control activities, you must monitor continuously whenever your affected process unit is operating. For purposes of calculating data averages, you must not use data recorded during monitoring system malfunctions, associated repairs, and required quality assurance or quality control activities. You must use all the data collected during all other periods in assessing compliance. A monitoring system malfunction is any sudden, infrequent, not reasonably preventable failure of the monitoring system to provide valid data. Monitoring system malfunctions include out of control continuous monitoring systems (CMS), such as a CPMS. Any averaging period for which you do not have valid monitoring data as a result of a monitoring system malfunction and for which such data are required constitutes a deviation, and you must notify the Administrator in accordance with Sec. 63.9814(e). Monitoring system failures are different from monitoring system malfunctions in that they are caused in part by poor maintenance or careless operation. Any period for which there is a monitoring system failure and data are not available for required calculations constitutes a deviation and you must notify the Administrator in accordance with Sec. 63.9814(e).

      Sec. 63.9810 How do I demonstrate continuous compliance with the emission limits, operating limits, and work practice standards?

      (a) You must demonstrate continuous compliance with each emission limit specified in Table 1 to this subpart that applies to you according to the requirements specified in Table 7 to this subpart.

      (b) You must demonstrate continuous compliance with each operating limit specified in Table 2 to this subpart that applies to you according to the requirements specified in Table 8 to this subpart.

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      (c) You must demonstrate continuous compliance with each work practice standard specified in Table 3 to this subpart that applies to you according to the requirements specified in Table 9 to this subpart.

      (d) For each affected source that is equipped with an add-on APCD that is not addressed in Table 2 to this subpart or that is using process changes as a means of meeting the emission limits in Table 1 to this subpart, you must demonstrate continuous compliance with each emission limit in Table 1 to this subpart and each operating limit established as required in Sec. 63.9800(i)(3) according to the methods specified in your approved alternative monitoring methods request as described in Sec. 63.9800(i)(2).

      (e) You must report each instance in which you did not meet each emission limit and each operating limit in this subpart that applies to you. This includes periods of startup, shutdown, and malfunction. These instances are deviations from the emission limitations in this subpart. These deviations must be reported according to the requirements in Sec. 63.9814.

      (1) During periods of startup, shutdown, and malfunction, you must operate according to your SSMP.

      (2) Consistent with Sec. Sec. 63.6(e) and 63.7(e)(1), deviations that occur during a period of startup, shutdown, or malfunction are not violations if you demonstrate to the Administrator's satisfaction that you were operating according to your SSMP and your OM&M plan. The Administrator will determine whether deviations that occur during a period of startup, shutdown, or malfunction are violations, according to the provisions in Sec. 63.6(e).

      Notifications, Reports, and Records

      Sec. 63.9812 What notifications must I submit and when?

      (a) You must submit all of the notifications in Sec. Sec. 63.7(b) and (c), 63.8(f)(4), and 63.9 (b) through (e) and (h) that apply to you by the dates specified.

      (b) As specified in Sec. 63.9(b)(2) and (3), if you start up your affected source before April 16, 2003, you must submit an Initial Notification not later than 120 calendar days after April 16, 2003.

      (c) As specified in Sec. 63.9(b)(3), if you start up your new or reconstructed affected source on or after April 16, 2003, you must submit an Initial Notification not later than 120 calendar days after you become subject to this subpart.

      (d) If you are required to conduct a performance test, you must submit a Notification of Performance Test at least 60 calendar days before the performance test is scheduled to begin, as required in Sec. 63.7(b)(1).

      (e) If you are required to conduct a performance test, you must submit a Notification of Compliance Status as specified in Sec. 63.9(h) and paragraphs (e)(1) and (2) of this section.

      (1) For each compliance demonstration that includes a performance test conducted according to the requirements in Table 4 to this subpart, you must submit the Notification of Compliance Status, including the performance test results, before the close of business on the 60th calendar day following the completion of the performance test, according to Sec. 63.10(d)(2).

      (2) In addition to the requirements in Sec. 63.9(h)(2)(i), you must include the information in paragraphs (e)(2)(i) through (iv) of this section in your Notification of Compliance Status.

      (i) The operating limit parameter values established for each affected source with supporting documentation and a description of the procedure used to establish the values.

      (ii) Design information and analysis with supporting documentation demonstrating conformance with requirements for capture/collection systems in Table 2 to this subpart.

      (iii) A description of the methods used to comply with any applicable work practice standard.

      (iv) For each APCD that includes a fabric filter, analysis and supporting documentation demonstrating conformance with EPA guidance and specifications for bag leak detection systems in Sec. 63.9804(f).

      (f) If you operate a clay refractory products kiln or a chromium refractory products kiln that is subject to the work practice standard specified in item 3 or 4 of Table 3 to this subpart, and you intend to use a fuel other than natural gas or equivalent to fire the affected kiln, you must submit a notification of alternative fuel use within 48 hours of the declaration of a period of natural gas curtailment or supply interruption, as defined in Sec. 63.9824. The notification must include the information specified in paragraphs (f)(1) through (5) of this section.

      (1) Company name and address.

      (2) Identification of the affected kiln.

      (3) Reason you are unable to use natural gas or equivalent fuel, including the date when the natural gas curtailment was declared or the natural gas supply interruption began.

      (4) Type of alternative fuel that you intend to use.

      (5) Dates when the alternative fuel use is expected to begin and end.

      (g) If you own or operate an affected continuous kiln and must perform scheduled maintenance on the control device for that kiln, you must request approval from the Administrator before bypassing the control device, as specified in Sec. 63.9792(e). You must submit a separate request for approval each time you plan to bypass the kiln control device.

      Sec. 63.9814 What reports must I submit and when?

      (a) You must submit each report in Table 10 to this subpart that applies to you.

      (b) Unless the Administrator has approved a different schedule for submission of reports under Sec. 63.10(a), you must submit each report by the date in Table 10 to this subpart and as specified in paragraphs (b)(1) through (5) of this section.

      (1) The first compliance report must cover the period beginning on the compliance date that is specified for your affected source in Sec. 63.9786 and ending on June 30 or December 31 and lasting at least 6 months but less than 12 months. For example, if your compliance date is March 1, then the first semiannual reporting period would begin on March 1 and end on December 31.

      (2) The first compliance report must be postmarked or delivered no later than July 31 or January 31 for compliance periods ending on June 30 and December 31, respectively.

      (3) Each subsequent compliance report must cover the semiannual reporting period from January 1 through June 30 or the semiannual reporting period from July 1 through December 31.

      (4) Each subsequent compliance report must be postmarked or delivered no later than July 31 or January 31 for compliance periods ending on June 30 and December 31, respectively.

      (5) For each affected source that is subject to permitting regulations pursuant to 40 CFR part 70 or 40 CFR part 71 and, if the permitting authority has established dates for submitting semiannual reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A), you may submit the first and subsequent compliance reports according to the dates the permitting authority has established instead of according to the dates in paragraphs (b)(1) through (4) of this section. In such cases, you must notify the Administrator of this change.

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      (c) The compliance report must contain the information in paragraphs (c)(1) through (6) of this section.

      (1) Company name and address.

      (2) Statement by a responsible official with that official's name, title, and signature, certifying that, based on information and belief formed after reasonable inquiry, the statements and information in the report are true, accurate, and complete.

      (3) Date of report and beginning and ending dates of the reporting period.

      (4) If you had a startup, shutdown, or malfunction during the reporting period, and you took actions consistent with your SSMP and OM&M plan, the compliance report must include the information specified in Sec. 63.10(d)(5)(i).

      (5) If there are no deviations from any emission limitations (emission limit, operating limit, or work practice standard) that apply to you, the compliance report must include a statement that there were no deviations from the emission limitations during the reporting period.

      (6) If there were no periods during which any affected CPMS was out of control as specified in Sec. 63.8(c)(7), the compliance report must include a statement that there were no periods during which the CPMS was out of control during the reporting period.

      (d) For each deviation from an emission limitation (emission limit, operating limit, or work practice standard) that occurs at an affected source where you are not using a CPMS to comply with the emission limitations in this subpart, the compliance report must contain the information in paragraphs (c)(1) through (4) and (d)(1) and (2) of this section. This includes periods of startup, shutdown, and malfunction.

      (1) The compliance report must include the total operating time of each affected source during the reporting period.

      (2) The compliance report must include information on the number, duration, and cause of deviations (including unknown cause, if applicable) and the corrective action taken.

      (e) For each deviation from an emission limitation (emission limit, operating limit, or work practice standard) occurring at an affected source where you are using a CPMS to comply with the emission limitation in this subpart, the compliance report must include the information in paragraphs (c)(1) through (4) and (e)(1) through (13) of this section. This includes periods of startup, shutdown, and malfunction.

      (1) The total operating time of each affected source during the reporting period.

      (2) The date and time that each startup, shutdown, or malfunction started and stopped.

      (3) The date, time, and duration that each CPMS was inoperative.

      (4) The date, time and duration that each CPMS was out of control, including the information in Sec. 63.8(c)(8), as required by your OM&M plan.

      (5) The date and time that each deviation from an emission limitation (emission limit, operating limit, or work practice standard) started and stopped, and whether each deviation occurred during a period of startup, shutdown, or malfunction.

      (6) A description of corrective action taken in response to a deviation.

      (7) A summary of the total duration of the deviations during the reporting period and the total duration as a percentage of the total source operating time during that reporting period.

      (8) A breakdown of the total duration of the deviations during the reporting period into those that are due to startup, shutdown, control equipment problems, process problems, other known causes, and other unknown causes.

      (9) A summary of the total duration of CPMS downtime during the reporting period and the total duration of CPMS downtime as a percentage of the total source operating time during that reporting period.

      (10) A brief description of the process units.

      (11) A brief description of the CPMS.

      (12) The date of the latest CPMS initial validation or accuracy audit.

      (13) A description of any changes in CPMS, processes, or controls since the last reporting period.

      (f) If you have obtained a title V operating permit pursuant to 40 CFR part 70 or 40 CFR part 71, you must report all deviations as defined in this subpart in the semiannual monitoring report required by 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A). If you submit a compliance report according to Table 10 to this subpart along with, or as part of, the semiannual monitoring report required by 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A), and the compliance report includes all required information concerning deviations from any emission limitation (including any operating limit), then submitting the compliance report will satisfy any obligation to report the same deviations in the semiannual monitoring report. However, submitting a compliance report will not otherwise affect any obligation you may have to report deviations from permit requirements to the permit authority.

      (g) If you operate a clay refractory products kiln or a chromium refractory products kiln that is subject to the work practice standard specified in item 3 or 4 of Table 3 to this subpart, and you use a fuel other than natural gas or equivalent to fire the affected kiln, you must submit a report of alternative fuel use within 10 working days after terminating the use of the alternative fuel. The report must include the information in paragraphs (g)(1) through (6) of this section.

      (1) Company name and address.

      (2) Identification of the affected kiln.

      (3) Reason for using the alternative fuel.

      (4) Type of alternative fuel used to fire the affected kiln.

      (5) Dates that the use of the alternative fuel started and ended.

      (6) Amount of alternative fuel used.

      Sec. 63.9816 What records must I keep?

      (a) You must keep the records listed in paragraphs (a)(1) through (3) of this section.

      (1) A copy of each notification and report that you submitted to comply with this subpart, including all documentation supporting any Initial Notification or Notification of Compliance Status that you submitted, according to the requirements in Sec. 63.10(b)(2)(xiv).

      (2) The records in Sec. 63.6(e)(3)(iii) through (v) related to startup, shutdown, and malfunction.

      (3) Records of performance tests as required in Sec. 63.10(b)(2)(viii).

      (b) You must keep the records required in Tables 7 through 9 to this subpart to show continuous compliance with each emission limitation that applies to you.

      (c) You must also maintain the records listed in paragraphs (c)(1) through (10) of this section.

      (1) Records of emission data used to develop an emissions profile, as indicated in items 8(a)(i)(4) and 17(b)(i)(4) of Table 4 to this subpart.

      (2) Records that document how you comply with any applicable work practice standard.

      (3) For each bag leak detection system, records of each alarm, the time of the alarm, the time corrective action was initiated and completed, and a brief description of the cause of the alarm and the corrective action taken.

      (4) For each kiln controlled with a DLA, records that document the source of limestone used.

      (5) For each deviation of an operating limit parameter value, the date, time,

      [[Page 18757]]

      and duration of the deviation, a brief explanation of the cause of the deviation and the corrective action taken, and whether the deviation occurred during a period of startup, shutdown, or malfunction.

      (6) For each affected source, records of production rate on a process throughput basis (either feed rate to the process unit or discharge rate from the process unit).

      (7) Records of any approved alternative monitoring method(s) or test procedure(s).

      (8) Records of maintenance activities and inspections performed on control devices, including all records associated with the scheduled maintenance of continuous kiln control devices, as specified in Sec. 63.9792(e).

      (9) If you operate a source that is subject to the THC emission limits specified in item 2, 3, 6, or 7 of Table 1 to this subpart and is controlled with a catalytic oxidizer, records of annual checks of catalyst activity levels and subsequent corrective actions.

      (10) Current copies of the SSMP and the OM&M plan, including any revisions and records documenting conformance with those revisions.

      Sec. 63.9818 In what form and how long must I keep my records?

      (a) Your records must be in a form suitable and readily available for expeditious review, according to Sec. 63.10(b)(1).

      (b) As specified in Sec. 63.10(b)(1), you must keep each record for 5 years following the date of each occurrence, measurement, maintenance, corrective action, report, or record.

      (c) You must keep each record onsite for at least 2 years after the date of each occurrence, measurement, maintenance, corrective action, report, or record, according to Sec. 63.10(b)(1). You may keep the records offsite for the remaining 3 years.

      Other Requirements and Information

      Sec. 63.9820 What parts of the General Provisions apply to me?

      Table 11 to this subpart shows which parts of the General Provisions specified in Sec. Sec. 63.1 through 63.15 apply to you.

      Sec. 63.9822 Who implements and enforces this subpart?

      (a) This subpart can be implemented and enforced by us, the U.S. Environmental Protection Agency (U.S. EPA), or a delegated authority such as your State, local, or tribal agency. If the U.S. EPA Administrator has delegated authority to your State, local, or tribal agency, then that agency, in addition to the U.S. EPA, has the authority to implement and enforce this subpart. You should contact your U.S. EPA Regional Office to find out if implementation and enforcement to this subpart is delegated to your State, local, or tribal agency.

      (b) In delegating implementation and enforcement authority to this subpart to a State, local, or tribal agency under 40 CFR part 63, subpart E, the authorities contained in paragraph (c) of this section are retained by the Administrator of the U.S. EPA and are not transferred to the State, local, or tribal agency.

      (c) The authorities that cannot be delegated to State, local, or tribal agencies are as specified in paragraphs (c)(1) through (4) of this section.

      (1) Approval of alternatives to the applicability requirements in Sec. Sec. 63.9782 and 63.9784, the compliance date requirements in Sec. 63.9786, and the emission limitations in Sec. 63.9788.

      (2) Approval of major changes to test methods under Sec. 63.7(e)(2)(ii) and (f) and as defined in Sec. 63.90.

      (3) Approval of major changes to monitoring under Sec. 63.8(f) and as defined in Sec. 63.90.

      (4) Approval of major changes to recordkeeping and reporting under Sec. 63.10(f) and as defined in Sec. 63.90.

      Sec. 63.9824 What definitions apply to this subpart?

      Terms used in this subpart are defined in the Clean Air Act, in 40 CFR 63.2, the General Provisions of this part, and in this section as follows:

      Additive means a minor addition of a chemical, mineral, or metallic substance that is added to a refractory mixture to facilitate processing or impart specific properties to the final refractory product.

      Add-on air pollution control device (APCD) means equipment installed on a process vent that reduces the quantity of a pollutant that is emitted to the air.

      Autoclave means a vessel that is used to impregnate fired and/or unfired refractory shapes with pitch to form pitch-impregnated refractory products. Autoclaves also can be used as defumers following the impregnation process.

      Bag leak detection system means an instrument that is capable of monitoring particulate matter loadings in the exhaust of a fabric filter in order to detect bag failures. A bag leak detection system includes, but is not limited to, an instrument that operates on triboelectric, light-scattering, light-transmittance, or other effects to monitor relative PM loadings.

      Basket means the metal container used to hold refractory shapes for pitch impregnation during the shape preheating, impregnation, defuming, and, if applicable, coking processes.

      Batch process means a process in which a set of refractory shapes is acted upon as a single unit according to a predetermined schedule, during which none of the refractory shapes being processed are added or removed. A batch process does not operate continuously.

      Binder means a substance added to a granular material to give it workability and green or dry strength.

      Catalytic oxidizer means an add-on air pollution control device that is designed specifically to destroy organic compounds in a process exhaust gas stream by catalytic incineration. A catalytic oxidizer includes a bed of catalyst media through which the process exhaust stream passes to promote combustion and incineration at a lower temperature than would be possible without the catalyst.

      Chromium refractory product means a refractory product that contains at least 1 percent chromium by weight.

      Clay refractory product means a refractory product that contains at least 10 percent uncalcined clay by weight prior to firing in a kiln. In this definition, the term ``clay'' means any of the following six classifications of clay defined by the U.S. Geologic Survey: ball clay, bentonite, common clay and shale, fire clay, fuller's earth, and kaolin.

      Coking oven means a thermal process unit that operates at a peak temperature typically between 540[deg] and 870[deg]C (1000[deg] and 1600[deg]F) and is used to drive off the volatile constituents of pitch-impregnated refractory shapes under a reducing or oxygen-deprived atmosphere.

      Continuous parameter monitoring system (CPMS) means the total equipment that is used to measure and record temperature, pressure, liquid flow rate, gas flow rate, or pH on a continuous basis in one or more locations. ``Total equipment'' includes the sensor, mechanical components, electronic components, data acquisition system, data recording system, electrical wiring, and other components of a CPMS.

      Continuous process means a process that operates continuously. In a continuous process unit, the materials or shapes that are processed are either continuously charged (fed) to and discharged from the process unit, or are charged and discharged at regular time intervals without the process unit being shut down. Continuous thermal process units, such as tunnel kilns, generally include temperature zones that are maintained at relatively constant

      [[Page 18758]]

      temperature and through which the materials or shapes being processed are conveyed continuously or at regular time intervals.

      Curing oven means a thermal process unit that operates at a peak temperature typically between 90[deg] and 340[deg]C (200[deg] and 650[deg]F) and is used to activate a thermosetting resin, pitch, or other binder in refractory shapes. Curing ovens also perform the same function as shape dryers in removing the free moisture from refractory shapes.

      Defumer means a process unit that is used for holding pitch- impregnated refractory shapes as the shapes defume or cool immediately following the impregnation process. This definition includes autoclaves that are opened and exhausted to the atmosphere following an impregnation cycle and used for holding pitch-impregnated refractory shapes while the shapes defume or cool.

      Deviation means any instance in which an affected source subject to this subpart, or an owner or operator of such a source:

      (1) Fails to meet any requirement or obligation established by this subpart including, but not limited to, any emission limitation (emission limit, operating limit, or work practice standard);

      (2) Fails to meet any term or condition that is adopted to implement an applicable requirement in this subpart for any affected source required to obtain such a permit; or

      (3) Fails to meet any emission limitation (emission limit, operating limit, or work practice standard) in this subpart during startup, shutdown, or malfunction, regardless of whether or not such failure is permitted by this subpart.

      Dry injection fabric filter (DIFF) means an add-on air pollution control device that includes continuous injection of hydrated lime or other sorbent into a duct or reaction chamber followed by a fabric filter.

      Dry lime scrubber/fabric filter (DLS/FF) means an add-on air pollution control device that includes continuous injection of humidified hydrated lime or other sorbent into a reaction chamber followed by a fabric filter. These systems may include recirculation of some of the sorbent.

      Dry limestone adsorber (DLA) means an air pollution control device that includes a limestone storage bin, a reaction chamber that is essentially a packed-tower filled with limestone, and may or may not include a peeling drum that mechanically scrapes reacted limestone to regenerate the stone for reuse.

      Emission limitation means any restriction on the emissions a process unit may discharge.

      Fabric filter means an add-on air pollution control device used to capture particulate matter by filtering a process exhaust stream through a filter or filter media; a fabric filter is also known as a baghouse.

      Fired refractory shape means a refractory shape that has been fired in a kiln.

      HAP means any hazardous air pollutant that appears in section 112(b) of the Clean Air Act.

      Kiln means a thermal process unit that operates at a peak temperature greater than 820[deg]C (1500[deg]F) and is used for firing or sintering refractory, ceramic, or other shapes.

      Kiln furniture means any refractory shape that is used to hold, support, or position ceramic or refractory products in a kiln during the firing process.

      Maximum organic HAP processing rate means the combination of process and refractory product formulation that has the greatest potential to emit organic HAP. The maximum organic HAP processing rate is a function of the organic HAP processing rate, process operating temperature, and other process operating parameters that affect emissions of organic HAP. (See also the definition of organic HAP processing rate.)

      Organic HAP processing rate means the rate at which the mass of organic HAP materials contained in refractory shapes are processed in an affected thermal process unit. The organic HAP processing rate is a function of the amount of organic HAP contained in the resins, binders, and additives used in a refractory mix; the amounts of those resins, binders, and additives in the refractory mix; and the rate at which the refractory shapes formed from the refractory mix are processed in an affected thermal process unit. For continuous process units, the organic HAP processing rate is expressed in units of mass of organic HAP per unit of time (e.g., pounds per hour). For batch process units, the organic HAP processing rate is expressed in units of mass of organic HAP per unit mass of refractory shapes processed during the batch process cycle (e.g., pounds per ton).

      Particulate matter (PM) means, for the purposes of this subpart, emissions of particulate matter that serve as a measure of total particulate emissions as measured by EPA Method 5 of 40 CFR part 60, appendix A.

      Peak emissions period means the period of consecutive hourly mass emissions of the applicable pollutant that is greater than any other period of consecutive hourly mass emissions for the same pollutant over the course of a specified batch process cycle, as defined in paragraphs (1) and (2) of this definition. The peak emissions period is a function of the rate at which the temperature of the refractory shapes is increased, the mass and loading configuration of the shapes in the process unit, the constituents of the refractory mix, and the type of pollutants emitted.

      (1) The 3-hour peak THC emissions period is the period of 3 consecutive hours over which the sum of the hourly THC mass emissions rates is greater than the sum of the hourly THC mass emissions rates for any other period of 3 consecutive hours during the same batch process cycle.

      (2) The 3-hour peak HF emissions period is the period of 3 consecutive hours over which the sum of the hourly HF mass emissions rates is greater than the sum of the hourly HF mass emissions rates for any other period of 3 consecutive hours during the same batch process cycle.

      Period of natural gas curtailment or supply interruption means a period of time during which the supply of natural gas to an affected facility is halted for reasons beyond the control of the facility. An increase in the cost or unit price of natural gas does not constitute a period of natural gas curtailment or supply interruption.

      Pitch means the residue from the distillation of petroleum or coal tar.

      Pitch-bonded refractory product means a formed refractory product that is manufactured using pitch as a bonding agent. Pitch-bonded refractory products are manufactured by mixing pitch with magnesium oxide, graphite, alumina, silicon carbide, silica, or other refractory raw materials, and forming the mix into shapes. After forming, pitch- bonded refractory products are cured in a curing oven and may be subsequently fired in a kiln.

      Pitch-impregnated refractory product means a refractory shape that has been fired in a kiln, then impregnated with heated coal tar or petroleum pitch under pressure. After impregnation, pitch-impregnated refractory shapes may undergo the coking process in a coking oven. The total carbon content of a pitch-impregnated refractory product is less than 50 percent.

      Pitch working tank means a tank that is used for heating pitch to the impregnation temperature, typically between 150[deg] and 260[deg]C (300[deg] and 500[deg]F); temporarily storing heated pitch between impregnation cycles; and transferring pitch to and from the

      [[Page 18759]]

      autoclave during the impregnation step in manufacturing pitch- impregnated refractory products.

      Plant site means all contiguous or adjoining property that is under common control, including properties that are separated only by a road or other public right-of-way. Common control includes properties that are owned, leased, or operated by the same entity, parent entity, subsidiary, or any combination thereof.

      Redundant sensor means a second sensor or a back-up sensor that is integrated into a CPMS and is used to check the parameter value (e.g., temperature, pressure) measured by the primary sensor of the CPMS.

      Refractory product means nonmetallic materials containing less than 50 percent carbon by weight and having those chemical and physical properties that make them applicable for structures, or as components of systems, that are exposed to environments above 538[deg]C (1000[deg]F). This definition includes, but is not limited to: refractory bricks, kiln furniture, crucibles, refractory ceramic fiber, and other materials used as linings for boilers, kilns, and other processing units and equipment where extremes of temperature, corrosion, and abrasion would destroy other materials.

      Refractory products that use organic HAP means resin-bonded refractory products, pitch-bonded refractory products, and other refractory products that are produced using a substance that is an organic HAP, that releases an organic HAP during production of the refractory product, or that contains an organic HAP, such as methanol or ethylene glycol.

      Refractory shape means any refractory piece forming a stable mass with specific dimensions.

      Research and development process unit means any process unit whose purpose is to conduct research and development for new processes and products and is not engaged in the manufacture of products for commercial sale, except in a de minimis manner.

      Resin-bonded refractory product means a formed refractory product that is manufactured using a phenolic resin or other type of thermosetting resin as a bonding agent. Resin-bonded refractory products are manufactured by mixing resin with alumina, magnesium oxide, graphite, silica, zirconia, or other refractory raw materials, and forming the mix into shapes. After forming, resin-bonded refractory products are cured in a curing oven and may be subsequently fired in a kiln.

      Responsible official means one of the following:

      (1) For a corporation: a president, secretary, treasurer, or vice- president of the corporation in charge of a principal business function, or any other person who performs similar policy or decisionmaking functions for the corporation, or a duly authorized representative of such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for or subject to a permit and either:

      (i) The facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars); or

      (ii) The delegation of authority to such representatives is approved in advance by the Administrator;

      (2) For a partnership or sole proprietorship: a general partner or the proprietor, respectively;

      (3) For a municipality, State, Federal, or other public agency: either a principal executive officer or ranking elected official. For the purposes of this part, a principal executive officer of a Federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., a Regional Administrator of EPA); or

      (4) For affected sources (as defined in this subpart) applying for or subject to a title V permit: ``responsible official'' shall have the same meaning as defined in part 70 or Federal title V regulations in this chapter (42 U.S.C. 7661), whichever is applicable.

      Shape dryer means a thermal process unit that operates at a peak temperature typically between 40[deg] and 700[deg]C (100[deg] and 1300[deg]F) and is used exclusively to reduce the free moisture content of a refractory shape. Shape dryers generally are the initial thermal process step following the forming step in refractory products manufacturing. (See also the definition of a curing oven.)

      Shape preheater means a thermal process unit that operates at a peak temperature typically between 180[deg] and 320[deg]C (350[deg] and 600[deg]F) and is used to heat fired refractory shapes prior to the impregnation step in manufacturing pitch-impregnated refractory products.

      Thermal oxidizer means an add-on air pollution control device that includes one or more combustion chambers and is designed specifically to destroy organic compounds in a process exhaust gas stream by incineration.

      Uncalcined clay means clay that has not undergone thermal processing in a calciner.

      Wet scrubber means an add-on air pollution control device that removes pollutants from a gas stream by bringing them into contact with a liquid, typically water.

      Work practice standard means any design, equipment, work practice, or operational standard, or combination thereof, that is promulgated pursuant to section 112(h) of the Clean Air Act.

      [[Page 18760]]

      Tables to Subpart SSSSS of Part 63

      As stated in Sec. 63.9788, you must comply with the emission limits for affected sources in the following table:

      Table 1 to Subpart SSSSS of Part 63.--Emission Limits

      You must meet the following For . . .

      emission limits . . .

      1. Each new or existing curing oven, As specified in items 2 through shape dryer, and kiln that is used to 9 of this table. process refractory products that use organic HAP; each new or existing coking oven and defumer that is used to produce pitch-impregnated refractory products; each new shape preheater that is used to produce pitch-impregnated refractory products; AND each new or existing process unit that is exhausted to a thermal or catalytic oxidizer that also controls emissions from an affected shape preheater or pitch working tank. 2. Continuous process units that are a. The 3-hour block average THC controlled with a thermal or catalytic concentration must not exceed oxidizer.

      20 parts per million by volume, dry basis (ppmvd), corrected to 18 percent oxygen, at the outlet of the control device; or b. The 3-hour block average THC mass emissions rate must be reduced by at least 95 percent. 3. Continuous process units that are a. The 3-hour block average THC equipped with a control device other concentration must not exceed than a thermal or catalytic oxidizer. 20 ppmvd, corrected to 18 percent oxygen, at the outlet of the control device; or b. The 3-hour block average THC mass emissions rate must be reduced by at least 95 percent. 4. Continuous process units that use The 3-hour block average THC process changes to reduce organic HAP concentration must not exceed emissions.

      20 ppmvd, corrected to 18 percent oxygen, at the outlet of the process gas stream. 5. Continuous kilns that are not

      The 3-hour block average THC equipped with a control device.

      concentration must not exceed 20 ppmvd, corrected to 18 percent oxygen, at the outlet of the process gas stream. 6. Batch process units that are

      a. The 2-run block average THC controlled with a thermal or catalytic concentration for the 3-hour oxidizer.

      peak emissions period must not exceed 20 ppmvd, corrected to 18 percent oxygen, at the outlet of the control device; or b. The 2-run block average THC mass emissions rate for the 3- hour peak emissions period must be reduced by at least 95 percent. 7. Batch process units that are

      a. The 2-run block average THC equipped with a control device other concentration for the 3-hour than a thermal or catalytic oxidizer. peak emissions period must not exceed 20 ppmvd, corrected to 18 percent oxygen, at the outlet of the control device; or b. The 2-run block average THC mass emissions rate for the 3- hour peak emissions period must be reduced by at least 95 percent. 8. Batch process units that use process The 2-run block average THC changes to reduce organic HAP

      concentration for the 3-hour emissions.

      peak emissions period must not exceed 20 ppmvd, corrected to 18 percent oxygen, at the outlet of the process gas stream. 9. Batch process kilns that are not The 2-run block average THC equipped with a control device.

      concentration for the 3-hour peak emissions period must not exceed 20 ppmvd, corrected to 18 percent oxygen, at the outlet of the process gas stream. 10. Each new continuous kiln that is a. The 3-hour block average HF used to produce clay refractory

      emissions must not exceed products.

      0.019 kilograms per megagram (kg/Mg) (0.038 pounds per ton (lb/ton)) of uncalcined clay processed, OR the 3-hour block average HF mass emissions rate must be reduced by at least 90 percent; and b. The 3-hour block average HCl emissions must not exceed 0.091 kg/Mg (0.18 lb/ton) of uncalcined clay processed, OR the 3-hour block average HCl mass emissions rate must be reduced by at least 30 percent. 11. Each new batch process kiln that is a. The 2-run block average HF used to produce clay refractory

      mass emissions rate for the 3- products.

      hour peak emissions period must be reduced by at least 90 percent; and b. The 2-run block average HCl mass emissions rate for the 3- hour peak emissions period must be reduced by at least 30 percent.

      As stated in Sec. 63.9788, you must comply with the operating limits for affected sources in the following table:

      Table 2 to Subpart SSSSS of Part 63.--Operating Limits

      For . . .

      You must . . .

      1. Each affected source listed in Table a. Operate all affected sources 1 to this subpart.

      according to the requirements to this subpart on and after the date on which the initial performance test is conducted or required to be conducted, whichever date is earlier; and b. Capture emissions and vent them through a closed system; and c. Operate each control device that is required to comply with this subpart on each affected source during all periods that the source is operating, except where specified in Sec. 63.9792(e), item 2 of this table, and item 13 of Table 4 to this subpart; and

      [[Page 18761]]

      d. Record all operating parameters specified in Table 8 to this subpart for the affected source; and e. Prepare and implement a written OM&M plan as specified in Sec. 63.9792(d). 2. Each affected continuous kiln that a. Receive approval from the is equipped with an emission control Administrator before taking device.

      the control device on the affected kiln out of service for scheduled maintenance, as specified in Sec. 63.9792(e); and b. Minimize HAP emissions from the affected kiln during all periods of scheduled maintenance of the kiln control device when the kiln is operating and the control device is out of service; and c. Minimize the duration of all periods of scheduled maintenance of the kiln control device when the kiln is operating and the control device is out of service. 3. Each new or existing curing oven, Satisfy the applicable shape dryer, and kiln that is used to operating limits specified in process refractory products that use items 4 through 9 of this organic HAP; each new or existing

      table. coking oven and defumer that is used to produce pitch-impregnated refractory products; each new shape preheater that is used to produce pitch-impregnated refractory products; AND each new or existing process unit that is exhausted to a thermal or catalytic oxidizer that also controls emissions from an affected shape preheater or pitch working tank. 4. Each affected continuous process Maintain the 3-hour block unit.

      average organic HAP processing rate (pounds per hour) at or below the maximum organic HAP processing rate established during the most recent performance test. 5. Continuous process units that are Maintain the 3-hour block equipped with a thermal oxidizer.

      average operating temperature in the thermal oxidizer combustion chamber at or above the minimum allowable operating temperature for the oxidizer established during the most recent performance test. 6. Continuous process units that are a. Maintain the 3-hour block equipped with a catalytic oxidizer. average operating temperature at the inlet of the catalyst bed of the oxidizer at or above the minimum allowable operating temperature for the oxidizer established during the most recent performance test; and b. Check the activity level of the catalyst at least every 12 months. 7. Each affected batch process unit.... For each batch cycle, maintain the organic HAP processing rate (pounds per batch) at or below the maximum organic HAP processing rate established during the most recent performance test. 8. Batch process units that are

      a. From the start of each batch equipped with a thermal oxidizer.

      cycle until 3 hours have passed since the process unit reached maximum temperature, maintain the hourly average operating temperature in the thermal oxidizer combustion chamber at or above the minimum allowable operating temperature established for the corresponding period during the most recent performance test, as determined according to item 11 of Table 4 to this subpart; and b. For each subsequent hour of the batch cycle, maintain the hourly average operating temperature in the thermal oxidizer combustion chamber at or above the minimum allowable operating temperature established for the corresponding hour during the most recent performance test, as specified in item 13 of Table 4 to this subpart. 9. Batch process units that are

      a. From the start of each batch equipped with a catalytic oxidizer. cycle until 3 hours have passed since the process unit reached maximum temperature, maintain the hourly average operating temperature at the inlet of the catalyst bed at or above the minimum allowable operating temperature established for the corresponding period during the most recent performance test, as determined according to item 12 of Table 4 to this subpart; and b. For each subsequent hour of the batch cycle, maintain the hourly average operating temperature at the inlet of the catalyst bed at or above the minimum allowable operating temperature established for the corresponding hour during the most recent performance test, as specified in item 13 of Table 4 to this subpart; and c. Check the activity level of the catalyst at least every 12 months. 10. Each new kiln that is used to

      Satisfy the applicable process clay refractory products.

      operating limits specified in items 11 through 13 of this table. 11. Each affected kiln that is equipped a. Maintain the 3-hour block with a DLA.

      average pressure drop across the DLA at or above the minimum levels established during the most recent performance test; and b. Maintain free-flowing limestone in the feed hopper, silo, and DLA at all times; and c. Maintain the limestone feeder at or above the level established during the most recent performance test; and

      [[Page 18762]]

      d. Use the same grade of limestone from the same source as was used during the most recent performance test and maintain records of the source and type of limestone used. 12. Each affected kiln that is equipped a. Initiate corrective action with a DIFF or DLS/FF.

      within 1 hour of a bag leak detection system alarm and complete corrective actions in accordance with the OM&M plan; and b. Verify at least once each 8- hour shift that lime is free- flowing by means of a visual check, checking the output of a load cell, carrier gas/lime flow indicator, or carrier gas pressure drop measurement system; and c. Record the lime feeder setting daily to verify that the feeder setting is at or above the level established during the most recent performance test. 13. Each affected kiln that is equipped a. Maintain the 3-hour block with a wet scrubber.

      average pressure drop across the scrubber, liquid pH, and liquid flow rate at or above the minimum levels established during the most recent performance test; and b. If chemicals are added to the scrubber liquid, maintain the 3-hour block average chemical feed rate at or above the minimum chemical feed rate established during the most recent performance test.

      As stated in Sec. 63.9788, you must comply with the work practice standards for affected sources in the following table:

      Table 3 to Subpart SSSSS of Part 63.--Work Practice Standards

      According to one For . . .

      You must . . . of the following requirements . . .

      1. Each basket or container that a. Control POM i. At least every is used for holding fired

      emissions from 10 preheating refractory shapes in an

      any affected

      cycles, clean the existing shape preheater and shape preheater. residual pitch autoclave during the pitch

      from the surfaces impregnation process.

      of the basket or container by abrasive blasting prior to placing the basket or container in the affected shape preheater; or ii. At least every 10 preheating cycles, subject the basket or container to a thermal process cycle that meets or exceeds the operating temperature and cycle time of the affected preheater, AND is conducted in a process unit that is exhausted to a thermal or catalytic oxidizer that is comparable to the control device used on an affected defumer or coking oven; or iii. Capture emissions from the affected shape preheater and vent them to the control device that is used to control emissions from an affected defumer or coking oven, or to a comparable thermal or catalytic oxidizer. 2. Each new or existing pitch Control POM

      Capture emissions working tank.

      emissions.

      from the affected pitch working tank and vent them to the control device that is used to control emissions from an affected defumer or coking oven, OR to a comparable thermal or catalytic oxidizer. 3. Each new or existing chromium Minimize fuel- Use natural gas, refractory products kiln.

      based HAP

      or equivalent, as emissions.

      the kiln fuel, except during periods of natural gas curtailment or supply interruption, as defined in Sec. 63.9824. 4. Each existing clay refractory Minimize fuel- Use natural gas, products kiln.

      based HAP

      or equivalent, as emissions.

      the kiln fuel, except during periods of natural gas curtailment or supply interruption, as defined in Sec. 63.9824.

      As stated in Sec. 63.9800, you must comply with the requirements for performance tests for affected sources in the following table:

      [[Page 18763]]

      Table 4 to Subpart SSSSS to Part 63.--Requirements for Performance Tests

      According to the For . . .

      You must . . .

      Using . . .

      following requirements . . .

      1. Each affected source listed in a. Conduct performance i. The requirements of (1) Record the date of Table 1 to this subpart.

      tests.

      the general provisions the test; and in subpart A of this (2) Identify the part and the

      emission source that is requirements to this tested; and subpart.

      (3) Collect and record the corresponding operating parameter and emission test data listed in this table for each run of the performance test; and (4) Repeat the performance test at least every 5 years; and (5) Repeat the performance test before changing the parameter value for any operating limit specified in your OM&M plan; and (6) If complying with the THC concentration or THC percentage reduction limits specified in items 2 through 9 of Table 1 to this subpart, repeat the performance test under the conditions specified in items 2.a.2. and 2.a.3. of this table; and (7) If complying with the emission limits for new clay refractory products kilns specified in items 10 and 11 of Table 1 to this subpart, repeat the performance test under the conditions specified in items 14.a.i.4. and 17.a.i.4. of this table. b. Select the locations i. Method 1 or 1A of 40 (1) To demonstrate of sampling ports and CFR part 60, appendix A. compliance with the the number of traverse

      percentage reduction points.

      limits specified in items 2.b., 3.b., 6.b., 7.b., 10, and 11 of Table 1 to this subpart, locate sampling sites at the inlet of the control device and at either the outlet of the control device or at the stack prior to any releases to the atmosphere; and (2) To demonstrate compliance with any other emission limit specified in Table 1 to this subpart, locate all sampling sites at the outlet of the control device or at the stack prior to any releases to the atmosphere. c. Determine gas velocity Method 2, 2A, 2C, 2D, Measure gas velocities and volumetric flow rate. 2F, or 2G of 40 CFR and volumetric flow part 60, appendix A. rates at 1-hour intervals throughout each test run. d. Conduct gas molecular (i) Method 3, 3A, or 3B As specified in the weight analysis.

      of 40 CFR part 60,

      applicable test method. appendix A; or (ii) ASME PTC 19.10-1981- You may use ASME PTC Part 10.

      19.10-1981-Part 10 (available for purchase from Three Park Avenue, New York, NY 10016- 5990) as an alternative to EPA Method 3B. e. Measure gas moisture Method 4 of 40 CFR part As specified in the content.

      60, appendix A.

      applicable test method.

      [[Page 18764]]

      2. Each new or existing curing a. Conduct performance ........................ (1) Conduct the oven, shape dryer, and kiln that tests.

      performance test while is used to process refractory

      the source is operating products that use organic HAP;

      at the maximum organic each new or existing coking oven

      HAP processing rate, as and defumer that is used to

      defined in Sec. produce pitch-impregnated

      63.9824, reasonably refractory products; each new

      expected to occur; and shape preheater that is used to

      (2) Repeat the produce pitch-impregnated

      performance test before refractory products; AND each

      starting production of new or existing process unit

      any product for which that is exhausted to a thermal

      the organic HAP or catalytic oxidizer that also

      processing rate is controls emissions from an

      likely to exceed the affected shape preheater or

      maximum organic HAP pitch working tank.

      processing rate established during the most recent performance test by more than 10 percent, as specified in Sec. 63.9798(c); and (3) Repeat the performance test on any affected uncontrolled kiln following process changes (e.g., shorter curing oven cycle time) that could increase organic HAP emissions from the affected kiln, as specified in Sec. 63.9798(d). b. Satisfy the applicable requirements listed in items 3 through 13 of this table. 3. Each affected continuous

      a. Perform a minimum of 3 The appropriate test Each test run must be at process unit.

      test runs.

      methods specified in least 1 hour in items 1, 4, and 5 of duration. this table. b. Establish the

      i. Method 311 of 40 CFR (1) Calculate and record operating limit for the part 63, appendix A, OR the organic HAP content maximum organic HAP

      material safety data of all refractory processing rate.

      sheets (MSDS), OR

      shapes that are product labels to

      processed during the determine the mass

      performance test, based fraction of organic HAP on the mass fraction of in each resin, binder, organic HAP in the or additive; and

      resins, binders, or additives; the mass fraction of each resin, binder, or additive, in the product; and the process feed rate; and ii. Product formulation (2) Calculate and record data that specify the the organic HAP mass fraction of each processing rate (pounds resin, binder, and

      per hour) for each test additive in the

      run; and products that are processed during the performance test; and iii. Process feed rate (3) Calculate and record data (tons per hour). the maximum organic HAP processing rate as the average of the organic HAP processing rates for the three test runs. c. Record the operating Process data............ During each test run and temperature of the

      at least once per hour, affected source.

      record the operating temperature in the highest temperature zone of the affected source. 4. Each continuous process unit a. Measure THC

      i. Method 25A of 40 CFR (1) Each minute, measure that is subject to the THC

      concentrations at the part 60, appendix A. and record the emission limit listed in item outlet of the control

      concentrations of THC 2.a., 3.a., 4, or 5 of Table 1 device or in the stack.

      in the exhaust stream; to this subpart.

      and (2) Provide at least 50 1-minute measurements for each valid hourly average THC concentration.

      [[Page 18765]]

      b. Measure oxygen

      i. Method 3A of 40 CFR (1) Each minute, measure concentrations at the part 60, appendix A. and record the outlet of the control

      concentrations of device or in the stack.

      oxygen in the exhaust stream; and (2) Provide at least 50 1-minute measurements for each valid hourly average THC concentration. c. Determine the hourly i. Equation 1 of Sec. (1) Calculate the hourly average THC

      63.9800(g)(1); and. average THC concentration, corrected ii. The 1-minute THC and concentration for each to 18 percent oxygen. oxygen concentration hour of the performance data.

      test as the average of the 1-minute THC measurements; and (2) Calculate the hourly average oxygen concentration for each hour of the performance test as the average of the 1-minute oxygen measurements; and (3) Correct the hourly average THC concentrations to 18 percent oxygen using Equation 1 of Sec. 63.9800(g)(1). d. Determine the 3-hour The hourly average

      Calculate the 3-hour block average THC

      concentration of THC, block average THC emission concentration, corrected to 18 percent emission concentration, corrected to 18 percent oxygen, for each test corrected to 18 percent oxygen.

      run.

      oxygen, as the average of the hourly average THC emission concentrations, corrected to 18 percent oxygen. 5. Each continuous process unit a. Measure THC

      i. Method 25A of 40 CFR (1) Each minute, measure that is subject to the THC

      concentrations at the part 60, appendix A. and record the percentage reduction limit

      inlet and outlet of the

      concentrations of THC listed in item 2.b. or 3.b. of control device.

      at the inlet and outlet Table 1 to this subpart.

      of the control device; and (2) Provide at least 50 1-minute measurements for each valid hourly average THC concentration at the control device inlet and outlet. b. Determine the hourly i. The 1-minute THC Calculate the hourly THC THC mass emissions rates concentration data at mass emissions rates at at the inlet and outlet the control device

      the control device of the control device. inlet and outlet; and inlet and outlet for ii. The volumetric flow each hour of the rates at the control performance test. device inlet and outlet. c. Determine the 3-hour i. The hourly THC mass (1) Calculate the hourly block average THC

      emissions rates at the THC percentage percentage reduction. inlet and outlet of the reduction for each hour control device.

      of the performance test using Equation 2 of Sec. 63.9800(g)(1); and (2) Calculate the 3-hour block average THC percentage reduction. 6. Each continous process unit a. Establish the

      i. Continuous recording (1) At least every 15 that is equipped with a thermal operating limit for the of the output of the minutes, measure and oxidizer.

      minimum allowable

      combustion chamber

      record the thermal thermal oxidizer

      temperature measurement oxidizer combustion combustion chamber

      device.

      chamber temperature; temperature.

      and (2) Provide at least one measurement during at least three 15-minute periods per hour of testing; and (3) Calculate the hourly average thermal oxidizer combustion chamber temperature for each hour of the performance test; and (4) Calculate the minimum allowable combustion chamber temperature as the average of the combustion chamber temperatures for the three test runs, minus 14[deg]C (25[deg]F). 7. Each continuous process unit a. Establish the

      i. Continuous recording (1) At least every 15 that is equipped with a

      operating limit for the of the output of the minutes, measure and catalytic oxidizer.

      minimum allowable

      temperature measurement record the temperature temperature at the inlet device.

      at the inlet of the of the catalyst bed.

      catalyst bed; and (2) Provide at least one catalyst bed inlet temperature measurement during at least three 15-minute periods per hour of testing; and (3) Calculate the hourly average catalyst bed inlet temperature for each hour of the performance test; and

      [[Page 18766]]

      (4) Calculate the minimum allowable catalyst bed inlet temperature as the average of the catalyst bed inlet temperatures for the three test runs, minus 14[deg]C (25[deg]F). 8. Each affected batch process a. Perform a minimum of i. The appropriate test (1) Each test run must unit.

      two test runs.

      methods specified in be conducted over a items 1, 9, and 10 of separate batch cycle this table.

      unless you satisfy the requirements of Sec. 63.9800(f)(3) and (4); and (2) Each test run must begin with the start of a batch cycle, except as specified in item 8.a.i.4. of this table; and (3) Each test run must continue until the end of the batch cycle, except as specified in items 8.a.i.4. and 8.a.i.5. of this table; and (4) If you develop an emissions profile, as described in Sec. 63.9802(a), AND for sources equipped with a thermal or catalytic oxidizer, you do not reduce the oxidizer operating temperature, as specified in item 13 of this table, you can limit each test run to the 3-hour peak THC emissions period; and (5) If you do not develop an emissions profile, a test run can be stopped, and the results of that run considered complete, if you measure emissions continuously until at least 3 hours after the affected process unit has reached maximum temperature, AND the hourly average THC mass emissions rate has not increased during the 3- hour period since maximum process temperature was reached, and the hourly average concentrations of THC at the inlet of the control device have not exceeded 20 ppmvd, corrected to 18 percent oxygen, during the 3- hour period since maximum process temperature was reached or the hourly average THC percentage reduction has been at least 95 percent during the 3-hour period since maximum process temperature was reached, AND, for sources equipped with a thermal or catalytic oxidizer, at least 1 hour has passed since any reduction in the operating temperature of the oxidizer, as specified in item 13 of this table. b. Establish the

      i. Method 311 of 40 CFR (1) Calculate and record operating limit for the part 63, appendix A, OR the organic HAP content maximum organic HAP

      MSDS, OR product labels of all refractory processing rate.

      to determine the mass shapes that are fraction of organic HAP processed during the in each resin, binder, performance test, based or additive; and

      on the mass fraction of HAP in the resins, binders, or additives; the mass fraction of each resin, binder, or additive, in the product, and the batch weight prior to processing; and ii. Product formulation (2) Calculate and record data that specify the the organic HAP mass fraction of each processing rate (pounds resin, binder, and

      per batch) for each additive in the

      test run; and products that are

      (3) Calculate and record processed during the the maximum organic HAP performance test; and processing rate as the iii. Batch weight (tons) average of the organic HAP processing rates for the two test runs.

      [[Page 18767]]

      c. Record the batch cycle Process data............ Record the total elapsed time.

      time from the start to the completion of the batch cycle. d. Record the operating Process data............ Record the operating temperature of the

      temperature of the affected source.

      affected source at least once every hour from the start to the completion of the batch cycle. 9. Each batch process unit that a. Measure THC

      i. Method 25A of 40 CFR (1) Each minute, measure is subject to the THC emission concentrations at the part 60, appendix A. and record the limit listed in item 6.a., 7.a., outlet of the control

      concentrations of THC 8, or 9 of Table 1 to this

      device or in the stack.

      in the exhaust stream; subpart.

      and (2) Provide at least 50 1-minute measurements for each valid hourly average THC concentration. b. Measure oxygen

      i. Method 3A of 40 CFR (1) Each minute, measure concentrations at the part 60, appendix A. and record the outlet of the control

      concentrations of device or in the stack.

      oxygen in the exhaust stream; and (2) Provide at least 50 1-minute measurements for each valid hourly average oxygen concentration. c. Determine the hourly i. Equation 1 of Sec. (1) Calculate the hourly average THC

      63.9800(g)(1); and. average THC concentration, corrected ii. The 1-minute THC and concentration for each to 18 percent oxygen. oxygen concentration hour of the performance data.

      test as the average of the 1-minute THC measurements; and (2) Calculate the hourly average oxygen concentration for each hour of the performance test as the average of the 1-minute oxygen measurements; and (3) Correct the hourly average THC concentrations to 18 percent oxygen using Equation 1 of Sec. 63.9800(g)(1). d. Determine the 3-hour The hourly average THC Select the period of 3 peak THC emissions

      concentrations,

      consecutive hours over period for each test run. corrected to 18 percent which the sum of the oxygen.

      hourly average THC concentrations, corrected to 18 percent oxygen, is greater than the sum of the hourly average THC emission concentrations, corrected to 18 percent oxygen, for any other period of 3 consecutive hours during the test run. e. Determine the average The hourly average THC Calculate the average of THC concentration,

      emission

      the hourly average THC corrected to 18 percent concentrations,

      concentrations, oxygen, for each test corrected to 18 percent corrected to 18 percent run.

      oxygen, for the 3-hour oxygen, for the 3 hours peak THC emissions

      of the peak emissions period.

      period for each test run. f. Determine the 2-run The average THC

      Calculate the average of block average THC

      concentration,

      the average THC concentration, corrected corrected to 18 percent concentrations, to 18 percent oxygen, oxygen, for each test corrected to 18 percent for the emission test. run.

      oxygen, for each run. 10. Each batch process unit that a. Measure THC

      i. Method 25A of 40 CFR (1) Each minute, measure is subject to the THC percentage concentrations at the part 60, appendix A. and record the reduction limit listed in item inlet and outlet of the

      concentrations of THC 6.b. or 7.b. of Table 1 to this control device.

      at the control device subpart.

      inlet and outlet; and (2) Provide at least 50 1-minute measurements for each valid hourly average THC concentration at the control device inlet and outlet. b. Determine the hourly i. The 1-minute THC (1) Calculate the hourly THC mass emissions rates concentration data at mass emissions rates at at the control device the control device

      the control device inlet and outlet.

      inlet and outlet; and inlet and outlet for ii. The volumetric flow each hour of the rates at the control performance test. device inlet and outlet.

      [[Page 18768]]

      c. Determine the 3-hour The hourly THC mass Select the period of 3 peak THC emissions

      emissions rates at the consecutive hours over period for each test run. control device inlet. which the sum of the hourly THC mass emissions rates at the control device inlet is greater than the sum of the hourly THC mass emissions rates at the control device inlet for any other period of 3 consecutive hours during the test run. d. Determine the average i. Equation 2 of Sec. Calculate the average THC percentage reduction 63.9800(g)(2); and. THC percentage for each test run.

      ii. The hourly THC mass reduction for each test emissions rates at the run using Equation 2 of control device inlet Sec. 63.9800(g)(2). and outlet for the 3- hour peak THC emissions period. e. Determine the 2-run The average THC

      Calculate the average of block average THC

      percentage reduction the average THC percentage reduction for for each test run.

      percentage reductions the emission test.

      for each test run. 11. Each batch process unit that a. Establish the

      i. Continuous recording (1) At least every 15 is equipped with a thermal

      operating limit for the of the output of the minutes, measure and oxidizer.

      minimum thermal oxidizer combustion chamber

      record the thermal combustion chamber

      temperature measurement oxidizer combustion temperature.

      device.

      chamber temperature; and (2) Provide at least one temperature measurement during at least three 15-minute periods per hour of testing; and (3) Calculate the hourly average combustion chamber temperature for each hour of the 3-hour peak emissions period, as defined in item 9.d. or 10.c. of this table, whichever applies; and (4) Calculate the minimum allowable thermal oxidizer combustion chamber operating temperature as the average of the hourly combustion chamber temperatures for the 3-hour peak emissions period, minus 14[deg]C (25[deg]F). 12. Each batch process unit that a. Establish the

      i. Continuous recording (1) At least every 15 is equipped with a catalytic operating limit for the of the output of the minutes, measure and oxidizer.

      minimum temperature at temperature measurement record the temperature the inlet of the

      device.

      at the inlet of the catalyst bed.

      catalyst bed; and (2) Provide at least one catalyst bed inlet temperature measurement during at least three 15-minute periods per hour of testing; and (3) Calculate the hourly average catalyst bed inlet temperature for each hour of the 3-hour peak emissions period, as defined in item 9.d. or 10.c. of this table, whichever applies; and (4) Calculate the minimum allowable catalytic oxidizer catalyst bed inlet temperature as the average of the hourly catalyst bed inlet temperatures for the 3- hour peak emissions period, minus 14[deg]C (25[deg]F). 13. Each batch process unit that a. During each test run,

      (1) The oxidizer can be is equipped with a thermal or maintain the applicable

      shut off or the catalytic oxidizer.

      operating temperature of

      oxidizer operating the oxidizer until

      temperature can be emission levels allow

      reduced if you do not the oxidizer to be shut

      use an emission profile off or the operating

      to limit testing to the temperature of the

      3-hour peak emissions oxidizer to be reduced.

      period, as specified in item 8.a.i.4. of this table; and (2) At least 3 hours have passed since the affected process unit reached maximum temperature; and

      [[Page 18769]]

      (3) The applicable emission limit specified in item 6.a. or 6.b. of Table 1 to this subpart was met during each of the previous three 1-hour periods; and (4) The hourly average THC mass emissions rate did not increase during the 3-hour period since maximum process temperature was reached; and (5) The applicable emission limit specified in item 6.a. and 6.b. of Table 1 to this subpart was met during each of the four 15-minute periods immediately following the oxidizer temperature reduction; and (6) If the applicable emission limit specified in item 6.a. or 6.b. of Table 1 to this subpart was not met during any of the four 15-minute periods immediately following the oxidizer temperature reduction, you must return the oxidizer to its normal operating temperature as soon as possible and maintain that temperature for at least 1 hour; and (7) Continue the test run until the applicable emission limit specified in items 6.a. and 6.b. of Table 1 to this subpart is met for at least four consecutive 15- minute periods that immediately follow the temperature reduction; and (8) Calculate the hourly average oxidizer operating temperature for each hour of the performance test since the affected process unit reached maximum temperature. 14. Each new continuous kiln that a. Measure emissions of i. Method 26A of 40 CFR (1) Conduct the test is used to process clay

      HF and HCl.

      part 60, appendix A; or while the kiln is refractory products.

      ii. Method 26 of 40 CFR operating at the part 60, appendix A; or. maximum production iii. Method 320 of 40 level; and CFR part 63, appendix A. (2) You may use Method 26 of 40 CFR part 60, appendix A, only if no acid PM (e.g., HF or HCl dissolved in water droplets emitted by sources controlled by a wet scrubber) is present; and (3) If you use Method 320 of 40 CFR part 63, appendix A, you must follow the analyte spiking procedures of Section 13 of Method 320 unless you can demonstrate that the complete spiking procedure has been conducted at a similar source; and (4) Repeat the performance test if the affected source is controlled with a DLA and you change the source of the limestone used in the DLA. b. Perform a minimum of 3 The appropriate test Each test run must be at test runs.

      methods specified in least 1 hour in items 1 and 14.a. of duration. this table.

      [[Page 18770]]

      15. Each new continuous kiln that a. Record the uncalcined i. Production data; and. (1) Record the is subject to the production- clay processing rate. ii. Product formulation production rate (tons based HF and HCl emission limits

      data that specify the per hour of fired specified in items 10.a. and

      mass fraction of

      product); and 10.b. of Table 1 to this subpart.

      uncalcined clay in the (2) Calculate and record products that are

      the average rate at processed during the which uncalcined clay performance test.

      is processed (tons per hour) for each test run; and (3) Calculate and record the 3-run average uncalcined clay processing rate as the average of the average uncalcined clay processing rates for each test run. b. Determine the HF mass i. Method 26A of 40 CFR Calculate the HF mass emissions rate at the part 60, appendix A; or emissions rate for each outlet of the control ii. Method 26 of 40 CFR test. device or in the stack. part 60, appendix A; or. iii. Method 320 of 40 CFR part 63, appendix A. c. Determine the 3-hour i. The HF mass emissions (1) Calculate the hourly block average production- rate for each test run; production-based HF based HF emissions rate. and

      emissions rate for each ii. The average

      test run using Equation uncalcined clay

      3 of Sec. processing rate.

      63.9800(g)(3); and (2) Calculate the 3-hour block average production-based HF emissions rate as the average of the hourly production-based HF emissions rates for each test run. d. Determine the HCl mass i. Method 26A of 40 CFR Calculate the HCl mass emissions rate at the part 60, appendix A; or emissions rate for each outlet of the control ii. Method 26 of 40 CFR test run. device or in the stack. part 60, appendix A; or. iii. Method 320 of 40 CFR part 63, appendix A. e. Determine the 3-hour i. The HCl mass

      (1) Calculate the hourly block average production- emissions rate for each production-based HCl based HCl emissions rate. test run; and

      emissions rate for each ii. The average

      test run using Equation uncalcined clay

      3 of Sec. processing rate.

      63.9800(g)(3); and (2) Calculate the 3-hour block average production-based HCl emissions rate as the average of the production-based HCl emissions rates for each test run. 16. Each new continuous kiln that a. Measure the HF mass i. Method 26A of 40 CFR Calculate the HF mass is subject to the HF and HCl emissions rates at the part 60, appendix A; or emissions rates at the percentage reduction limits

      inlet and outlet of the ii. Method 26 of 40 CFR control device inlet specified in items 10.a. and control device.

      part 60, appendix A; or. and outlet for each 10.b. of Table 1 to this subpart.

      iii. Method 320 of 40 test run. CFR part 63, appendix A. b. Determine the 3-hour i. The HF mass emissions (1) Calculate the hourly block average HF

      rates at the inlet and HF percentage reduction percentage reduction. outlet of the control using Equation 2 of device for each test Sec. 63.9800(g)(2); run

      and (2) Calculate the 3-hour block average HF percentage reduction as the average of the HF percentage reductions for each test run. c. Measure the HCl mass i. Method 26A of 40 CFR Calculate the HCl mass emissions rates at the part 60, appendix A; or emissions rates at the inlet and outlet of the ii. Method 26 of 40 CFR control device inlet control device.

      part 60, appendix A; or. and outlet for each iii. Method 320 of 40 test run. CFR part 63, appendix A. d. Determine the 3-hour i. The HCl mass

      (1) Calculate the hourly block average HCl

      emissions rates at the HCl percentage percentage reduction. inlet and outlet of the reduction using control device for each Equation 2 of Sec. test run.

      63.9800(g)(2); and (2) Calculate the 3-hour block average HCl percentage reduction as the average of HCl percentage reductions for each test run.

      [[Page 18771]]

      17. Each new batch process kiln a. Measure emissions of i. Method 26A of 40 CFR (1) Conduct the test that is used to process clay HF and HCl at the inlet part 60, appendix A; or while the kiln is refractory products.

      and outlet of the

      ii. Method 26 of 40 CFR operating at the control device.

      part 60, appendix A; or. maximum production iii. Method 320 of 40 level; and CFR part 63, appendix A. (2) You may use Method 26 of 40 CFR part 60, appendix A, only if no acid PM (e.g., HF or HCl dissolved in water droplets emitted by sources controlled by a wet scrubber) is present; and (3) If you use Method 320 of 40 CFR part 63, you must follow the analyte spiking procedures of Section 13 of Method 320 unless you can demonstrate that the complete spiking procedure has been conducted at a similar source; and (4) Repeat the performance test if the affected source is controlled with a DLA and you change the source of the limestone used in the DLA. b. Perform a minimum of 2 i. The appropriate test (1) Each test run must test runs.

      methods specified in be conducted over a items 1 and 17.a. of separate batch cycle this table.

      unless you satisfy the requirements of Sec. 63.9800(f)(3) and (4); and (2) Each test run must consist of a series of 1-hour runs at the inlet and outlet of the control device, beginning with the start of a batch cycle, except as specified in item 17.b.i.4. of this table; and (3) Each test run must continue until the end of the batch cycle, except as specified in item 17.b.i.4. of this table; and (4) If you develop an emissions profile, as described in Sec. 63.9802(b), you can limit each test run to the 3-hour peak HF emissions period. c. Determine the hourly i. The appropriate test Determine the hourly HF and HCl mass

      methods specified in mass HF and HCl emissions rates at the items 1 and 17.a. of emissions rates at the inlet and outlet of the this table.

      inlet and outlet of the control device.

      control device for each hour of each test run. d. Determine the 3-hour The hourly HF mass

      Select the period of 3 peak HF emissions period. emissions rates at the consecutive hours over inlet of the control which the sum of the device.

      hourly HF mass emissions rates at the control device inlet is greater than the sum of the hourly HF mass emissions rates at the control device inlet for any other period of 3 consecutive hours during the test run. e. Determine the 2-run i. The hourly average HF (1) Calculate the HF block average HF

      emissions rates at the percentage reduction percentage reduction for inlet and outlet of the for each hour of the 3- the emissions test.

      control device.

      hour peak HF emissions period using Equation 2 of Sec. 63.9800(g)(2); and (2) Calculate the average HF percentage reduction for each test run as the average of the hourly HF percentage reductions for the 3-hour peak HF emissions period for that run; and (3) Calculate the 2-run block average HF percentage reduction for the emission test as the average of the average HF percentage reductions for the two test runs.

      [[Page 18772]]

      f. Determine the 2-run i. The hourly average (1) Calculate the HCl block average HCl

      HCl emissions rates at percentage reduction percentage reduction for the inlet and outlet of for each hour of the 3- the emission test.

      the control device. hour peak HF emissions period using Equation 2 Sec. 63.9800(g)(2); and (2) Calculate the average HCl percentage reduction for each test run as the average of the hourly HCl percentage reductions for the 3-hour peak HF emissions period for that run; and (3) Calculate the 2-run block average HCl percentage reduction for the emission test as the average of the average HCl percentage reductions for the two test runs. 18. Each new kiln that is used to a. Establish the

      Data from the pressure (1) At least every 15 process clay refractory products operating limit for the drop measurement device minutes, measure the and is equipped with a DLA.

      minimum pressure drop during the performance pressure drop across across the DLA.

      test.

      the DLA; and (2) Provide at least one pressure drop measurement during at least three 15-minute periods per hour of testing; and (3) Calculate the hourly average pressure drop across the DLA for each hour of the performance test; and (4) Calculate and record the minimum pressure drop as the average of the hourly average pressure drops across the DLA for the two or three test runs, whichever applies. b. Establish the

      Data from the limestone (1) Ensure that operating limit for the feeder during the

      limestone in the feed limestone feeder setting. performance test.

      hopper, silo, and DLA is free-flowing at all times during the performance test; and (2) Establish the limestone feeder setting 1 week prior to the performance test; and (3) Record and maintain the feeder setting for the 1-week period that precedes the performance test and during the performance test. 19. Each new kiln that is used to a. Document conformance Data from the

      Submit analyses and process clay refractory products with specifications and installation and

      supporting and is equipped with a DIFF or requirements of the bag calibration of the bag documentation DLS/FF.

      leak detection system. leak detection system. demonstrating conformance with EPA guidance and specifications for bag leak detection systems as part of the Notification of Compliance Status. b. Establish the

      i. Data from the lime (1) For continuous lime operating limit for the feeder during the

      injection systems, lime feeder setting. performance test.

      ensure that lime in the feed hopper or silo is free-flowing at all times during the performance test; and (2) Record the feeder setting for the three test runs; and (3) If the feed rate setting varies during the three test runs, calculate and record the average feed rate for the two or three test runs, whichever applies. 20. Each new kiln that is used to a. Establish the

      i. Data from the

      (1) At least every 15 process clay refractory products operating limit for the pressure drop

      minutes, measure the and is equipped with a wet

      minimum scrubber

      measurement device

      pressure drop across scrubber.

      pressure drop.

      during the performance the scrubber; and test.

      (2) Provide at least one pressure drop measurement during at least three 15-minute periods per hour of testing; and

      [[Page 18773]]

      (3) Calculate the hourly average pressure drop across the scrubber for each hour of the performance test; and (4) Calculate and record the minimum pressure drop as the average of the hourly average pressure drops across the scrubber for the two or three test runs, whichever applies. b. Establish the

      i. Data from the pH (1) At least every 15 operating limit for the measurement device

      minutes, measure minimum scrubber liquid during the performance scrubber liquid pH; and pH.

      test. (2) Provide at least one pH measurement during at least three 15- minute periods per hour of testing; and (3) Calculate the hourly average pH values for each hour of the performance test; and (4) Calculate and record the minimum liquid pH as the average of the hourly average pH measurements for the two or three test runs, whichever applies. c. Establish the

      i. Data from the flow (1) At least every 15 operating limit for the rate measurement device minutes, measure the minimum scrubber liquid during the performance scrubber liquid flow flow rate.

      test.

      rate; and (2) Provide at least one flow rate measurement during at least three 15-minute periods per hour of testing; and (3) Calculate the hourly average liquid flow rate for each hour of the performance test; and (4) Calculate and record the minimum liquid flow rate as the average of the hourly average liquid flow rates for the two or three test runs, whichever applies. d. If chemicals are added i. Data from the

      (1) At least every 15 to the scrubber liquid, chemical feed rate

      minutes, measure the establish the operating measurement device

      scrubber chemical feed limit for the minimum during the performance rate; and scrubber chemical feed test.

      (2) Provide at least one rate.

      chemical feed rate measurement during at least three 15-minute periods per hour of testing; and (3) Calculate the hourly average chemical feed rate for each hour of the performance test; and (4) Calculate and record the minimum chemical feed rate as the average of the hourly average chemical feed rates for the two or three test runs, whichever applies.

      As stated in Sec. 63.9806, you must show initial compliance with the emission limits for affected sources according to the following table:

      Table 5 to Subpart SSSSS of Part 63.--Initial Compliance with Emission Limits

      You have For . . .

      For the following demonstrated emission limit . . . compliance if . . .

      1. Each affected source a. Each applicable i. Emissions listed in Table 1 to this emission limit

      measured using the subpart.

      listed in Table 1 test methods to this subpart. specified in Table 4 to this subpart satisfy the applicable emission limits specified in Table 1 to this subpart; and ii. You establish and have a record of the operating limits listed in Table 2 to this subpart over the performance test period; and iii. You report the results of the performance test in the Notification of Compliance Status, as specified by Sec. 63.9812(e)(1) and (2).

      [[Page 18774]]

      2. Each new or existing As specified in You have satisfied curing oven, shape dryer, items 3 through 8 the applicable and kiln that is used to of this table.

      requirements process refractory products

      specified in items that use organic HAP; each

      3 through 8 of this new or existing coking oven

      table. and defumer that is used to produce pitch-impregnated refractory products; each new shape preheater that is used to produce pitch- impregnated refractory products; AND each new or existing process unit that is exhausted to a thermal or catalytic oxidizer that also controls emissions from an affected shape preheater or pitch working tank. 3. Each affected continuous The average THC The 3-hour block process unit that is

      concentration must average THC subject to the THC emission not exceed 20

      emission concentration limit listed ppmvd, corrected to concentration in item 2.a., 3.a., 4, or 5 18 percent oxygen. measured during the of Table 1 to this subpart.

      performance test using Methods 25A and 3A is equal to or less than 20 ppmvd, corrected to 18 percent oxygen. 4. Each affected continuous The average THC The 3-hour block process unit that is

      percentage

      average THC subject to the THC

      reduction must

      percentage percentage reduction limit equal or exceed 95 reduction measured listed in item 2.b. or 3.b. percent.

      during the of Table 1 to this subpart.

      performance test using Method 25A is equal to or greater than 95 percent. 5. Each affected batch

      The average THC The 2-run block process unit that is

      concentration must average THC subject to the THC emission not exceed 20

      emission concentration limit listed ppmvd, corrected to concentration for in item 6.a., 7.a., 8, or 9 18 percent oxygen. the 3-hour peak of Table 1 to this subpart.

      emissions period measured during the performance test using Methods 25A and 3A is equal to or less than 20 ppmvd, corrected to 18 percent oxygen. 6. Each affected batch

      The average THC The 2-run block process unit that is

      percentage

      average THC subject to the THC

      reduction must

      percentage percentage reduction limit equal or exceed 95 reduction for the 3- listed in item 6.b. or 7.b. percent.

      hour peak emissions of Table 1 to this subpart.

      period measured during the performance test using Method 25A is equal to or exceeds 95 percent. 7. Each affected continuous a. The average THC i. You have or batch process unit that concentration must installed a THC is equipped with a control not exceed 20

      CEMS at the outlet device other than a thermal ppmvd, corrected to of the control or catalytic oxidizer and 18 percent oxygen; device or in the is subject to the emission or

      stack of the limit listed in item 3 or 7

      affected source; of Table 1 to this subpart.

      and b. The average THC ii. You have percentage

      satisfied the reduction must

      requirements of PS- equal or exceed 95 8 of 40 CFR part percent.

      60, appendix B. 8. Each affected continuous The average THC i. You have or batch process unit that concentration must installed a THC uses process changes to not exceed 20

      CEMS at the outlet reduce organic HAP

      ppmvd, corrected to of the control emissions and is subject to 18 percent oxygen. device or in the the emission limit listed

      stack of the in item 4 or 8 of Table 1

      affected source; to this subpart.

      and ii. You have satisfied the requirements of PS- 8 of 40 CFR part 60, appendix B. 9. Each new continuous kiln a. The average HF i. The 3-hour block that is used to process emissions must not average production- clay refractory products. exceed 0.019 kg/Mg based HF emissions (0.038 lb/ton) of rate measured uncalcined clay during the processed; OR the performance test average

      using one of the uncontrolled HF methods specified emissions must be in item 14.a.i. of reduced by at least Table 4 to this 90 percent.

      subpart is equal to or less than 0.019 kg/Mg (0.038 lb/ ton) of uncalcined clay processed; or ii. The 3-hour block average HF emissions reduction measured during the performance test is equal to or greater than 90 percent. b. The average HCl i. The 3-hour block emissions must not average production- exceed 0.091 kg/Mg based HCl emissions (0.18 lb/ton) of rate measured uncalcined clay during the processed; OR the performance test average

      using one of the uncontrolled HCl methods specified emissions must be in item 14.a.i. of reduced by at least Table 4 to this 30 percent.

      subpart is equal to or less than 0.091 kg/Mg (0.18 lb/ton) of uncalcined clay processed; or ii. The 3-hour block average HCl emissions reduction measured during the performance test is equal to or greater than 30 percent. 10. Each new batch process a. The average

      The 2-run block kiln that is used to

      uncontrolled HF average HF emission process clay refractory emissions must be reduction measured products.

      reduced by at least during the 90 percent.

      performance test is equal to or greater than 90 percent. b. The average

      The 2-run block uncontrolled HCl average HCl emissions must be emissions reduction reduced by at least measured during the 30 percent.

      performance test is equal to or greater than 30 percent.

      [[Page 18775]]

      As stated in Sec. 63.9806, you must show initial compliance with the work practice standards for affected sources according to the following table:

      Table 6 to Subpart SSSSS of Part 63.--Initial Compliance with Work Practice Standards

      You have For each . . .

      For the following demonstrated initial standard . . . compliance if . . .

      1. Each affected source a. Each applicable i. You have selected listed in Table 3 to this work practice

      a method for subpart.

      standard listed in performing each of Table 3 to this the applicable work subpart.

      practice standards listed in Table 3 to this subpart; and ii. You have included in your Initial Notification a description of the method selected for complying with each applicable work practice standard, as required by Sec. 63.9(b); and iii. You submit a signed statement with the Notification of Compliance Status that you have implemented the applicable work practice standard listed in Table 3 to this subpart; and iv. You have described in your OM&M plan the method for complying with each applicable work practice standard specified in Table 3 to this subpart. 2. Each basket or container a. Control POM

      i. You have that is used for holding emissions from any implemented at fired refractory shapes in affected shape

      least one of the an existing shape preheater preheater.

      work practice and autoclave during the

      standards listed in pitch impregnation process.

      item 1 of Table 3 to this subpart; and ii. You have established a system for recording the date and cleaning method for each time you clean an affected basket or container. 3. Each affected new or Control POM

      You have captured existing pitch working tank. emissions.

      and vented emissions from the affected pitch working tank to the device that is used to control emissions from an affected defumer or coking oven, or to a thermal or catalytic oxidizer that is comparable to the control device used on an affected defumer or coking oven. 4. Each new or existing Minimize fuel-based You use natural gas, chromium refractory

      HAP emissions.

      or equivalent, as products kiln.

      the kiln fuel. 5. Each existing clay

      Minimize fuel-based You use natural gas, refractory products kiln. HAP emissions.

      or equivalent, as the kiln fuel.

      As stated in Sec. 63.9810, you must show continuous compliance with the emission limits for affected sources according to the following table:

      Table 7 to Subpart SSSSS to Part 63.--Continuous Compliance with Emission Limits

      You must demonstrate For the following

      continuous For . . .

      emission limit . . . compliance by . . .

      1. Each affected source a. Each applicable i. Collecting and listed in Table 1 to this emission limit

      recording the subpart.

      listed in Table 1 monitoring and to this subpart. process data listed in Table 2 (operating limits) to this subpart; and ii. Reducing the monitoring and process data associated with the operating limits specified in Table 2 to this subpart; and iii. Recording the results of any control device inspections; and iv. Reporting, in accordance with Sec. 63.9814(e), any deviation from the applicable operating limits specified in Table 2 to this subpart. 2. Each new or existing As specified in Satisfying the curing oven, shape dryer, items 3 though 7 of applicable and kiln that is used to this table.

      requirements process refractory products

      specified in items that use organic HAP; each

      3 through 7 of this new or existing coking oven

      table. and defumer that is used to produce pitch-impregnated refractory products; each new shape preheater that is used to produce pitch- impregnated refractory products; AND each new or existing process unit that is exhausted to a thermal or catalytic oxidizer that also controls emissions from an affected shape preheater or pitch working tank.

      [[Page 18776]]

      3. Each affected process a. The average THC i. Collecting the unit that is equipped with concentration must applicable data a thermal or catalytic

      not exceed 20

      measured by the oxidizer.

      ppmvd, corrected to control device 18 percent oxygen; temperature OR the average THC monitoring system, percentage

      as specified in reduction must

      items 5, 6, 8, and equal or exceed 95 9 of Table 8 to percent.

      this subpart; and ii. Reducing the applicable data measured by the control device temperature monitoring system, as specified in items 5, 6, 8, and 9 of Table 8 to this subpart; and iii. Maintaining the average control device operating temperature for the applicable averaging period specified in items 5, 6, 8, and 9 of Table 2 to this subpart at or above the minimum allowable operating temperature established during the most recent performance test. 4. Each affected process The average THC Operating and unit that is equipped with concentration must maintaining a THC a control device other than not exceed 20

      CEMS at the outlet a thermal or catalytic

      ppmvd, corrected to of the control oxidizer.

      18 percent oxygen; device or in the OR the average THC stack of the performance

      affected source, reduction must

      according to the equal or exceed 95 requirements of percent.

      Procedure 1 of 40 CFR part 60, appendix F. 5. Each affected process The average THC Operating and unit that uses process

      concentration must maintaining a THC changes to meet the

      not exceed 20

      CEMS at the outlet applicable emission limit. ppmvd, corrected to of the control 18 percent oxygen. device or in the stack of the affected source, according to the requirements of Procedure 1 of 40 CFR part 60, appendix F. 6. Each affected continuous The average THC Recording the process unit.

      concentration must organic HAP not exceed 20

      processing rate ppmvd, corrected to (pounds per hour) 18 percent oxygen; and the operating OR the average THC temperature of the percentage

      affected source, as reduction must

      specified in items equal or exceed 95 3.b. and 3.c. of percent.

      Table 4 to this subpart. 7. Each affected batch

      The average THC Recording the process unit.

      concentration must organic HAP not exceed 20

      processing rate ppmvd, corrected to (pounds per batch); 18 percent oxygen; and process cycle OR the average THC time for each batch percentage

      cycle; and hourly reduction must

      average operating equal or exceed 95 temperature of the percent.

      affected source, as specified in items 8.b. through 8.d. of Table 4 to this subpart. 8. Each kiln that is used to As specified in Satisfying the process clay refractory items 9 through 11 applicable products.

      of this table.

      requirements specified in items 9 through 11 of this table. 9. Each affected kiln that a. The average HF i. Maintaining the is equipped with a DLA. emissions must not pressure drop exceed 0.019 kg/Mg across the DLA at (0.038 lb/ton) of or above the uncalcined clay minimum levels processed, OR the established during average

      the most recent uncontrolled HF performance test; emissions must be and reduced by at least ii. Verifying that 90 percent; and the limestone b. The average HCl hopper contains an emissions must not adequate amount of exceed 0.091 kg/Mg free-flowing (0.18 lb/ton) of limestone by uncalcined clay performing a daily processed, or the visual check of the average

      limestone in the uncontrolled HCl feed hopper; and emissions must be iii. Recording the reduced by at least limestone feeder 30 percent.

      setting daily to verify that the feeder setting is at or above the level established during the most recent performance test; and iv. Using the same grade of limestone as was used during the most recent performance test and maintaining records of the source and grade of limestone. 10. Each affected kiln that a. The average HF i. Verifying at is equipped with a DIFF or emissions must not least once each 8- DLS/FF.

      exceed 0.019 kg/Mg hour shift that (0.038 lb/ton) of lime is free- uncalcined clay flowing by means of processed; OR the a visual check, average

      checking the output uncontrolled HF of a load cell, emissions must be carrier gas/lime reduced by at least flow indicator, or 90 percent; and carrier gas pressure drop measurement system; and b. The average HCl ii. Recording feeder emissions must not setting daily to exceed 0.091 kg/Mg verify that the (0.18 lb/ton) of feeder setting is uncalcined clay at or above the processed; OR the level established average

      during the most uncontrolled HCl recent performance emissions must be test; and reduced by at least 30 percent.

      [[Page 18777]]

      iii. Initiating corrective action within 1 hour of a bag leak detection system alarm AND completing corrective actions in accordance with the OM&M plan, AND operating and maintaining the fabric filter such that the alarm does not engage for more than 5 percent of the total operating time in a 6-month block reporting period. 11. Each affected kiln that a. The average HF i. Maintaining the is equipped with a wet

      emissions must not pressure drop scrubber.

      exceed 0.019 kg/Mg across the (0.038 lb/ton) of scrubber, liquid uncalcined clay pH, and liquid flow processed; OR the rate at or above average

      the minimum levels uncontrolled HF established during emissions must be the most recent reduced by at least performance test; 90 percent; and and b. The average HCl ii. If chemicals are emissions must not added to the exceed 0.091 kg/Mg scrubber liquid, (0.18 lb/ton) of maintaining the uncalcined clay average chemical processed; OR the feed rate at or average

      above the minimum uncontrolled HCl chemical feed rate emissions must be established during reduced by at least the most recent 30 percent.

      performance test.

      As stated in Sec. 63.9810, you must show continuous compliance with the operating limits for affected sources according to the following table:

      Table 8 to Subpart SSSSS of Part 63.--Continuous Compliance with Operating Limits

      You must demonstrate For the following

      continuous For . . .

      operating limit . . compliance by . . . .

      1. Each affected source a. Each applicable i. Maintaining all listed in Table 2 to this operating limit applicable process subpart.

      listed in Table 2 and control device to this subpart. operating parameters within the limits established during the most recent performance test; and ii. Conducting annually an inspection of all duct work, vents, and capture devices to verify that no leaks exist and that the capture device is operating such that all emissions are properly vented to the control device in accordance with the OM&M plan. 2. Each affected continuous a. The operating i. Operating the kiln that is equipped with limits specified in control device on a control device.

      items 2.a. through the affected kiln 2.c. of Table 2 to during all times this subpart.

      except during periods of approved scheduled maintenance, as specified in Sec. 63.9792(e); and ii. Minimizing HAP emissions from the affected kiln during all periods of scheduled maintenance of the kiln control device when the kiln is operating and the control device is out of service; and iii. Minimizing the duration of all periods of scheduled maintenance of the kiln control device when the kiln is operating and the control device is out of service. 3. Each new or existing As specified in Satisfying the curing oven, shape dryer, items 4 through 9 applicable and kiln that is used to of this table.

      requirements process refractory products

      specified in items that use organic HAP; each

      4 through 9 of this new or existing coking oven

      table. and defumer that is used to produce pitch-impregnated refractory products; each new shape preheater that is used to produce pitch- impregnated refractory products; AND each new or existing process unit that is exhausted to a thermal or catalytic oxidizer that also controls emissions from an affected shape preheater or pitch working tank.

      [[Page 18778]]

      4. Each affected continuous Maintain process i. Recording the process unit.

      operating

      organic HAP parameters within processing rate the limits

      (pounds per hour); established during and the most recent ii. Recording the performance test. operating temperature of the affected source at least hourly; and iii. Maintaining the 3-hour block average organic HAP processing rate at or below the maximum organic HAP processing rate established during the most recent performance test. 5. Continuous process units Maintain the 3-hour i. Measuring and that are equipped with a block average

      recording the thermal oxidizer.

      operating

      thermal oxidizer temperature in the combustion chamber thermal oxidizer temperature at combustion chamber least every 15 at or above the minutes; and minimum allowable ii. Calculating the operating

      hourly average temperature

      thermal oxidizer established during combustion chamber the most recent temperature; and performance test. iii. Maintaining the 3-hour block average thermal oxidizer combustion chamber temperature at or above the minimum allowable operating temperature established during the most recent performance test; and iv. Reporting, in accordance with Sec. 63.9814(e), any 3-hour block average operating temperature measurements below the minimum allowable thermal oxidizer combustion chamber operating temperature established during the most recent performance test. 6. Continuous process units a. Maintain the 3- i. Measuring and that are equipped with a hour block average recording the catalytic oxidizer.

      temperature at the temperature at the inlet of the

      inlet of the catalyst bed at or catalyst bed at above the minimum least every 15 allowable catalyst minutes; and bed inlet

      ii. Calculating the temperature

      hourly average established during temperature at the the most recent inlet of the performance test. catalyst bed; and iii. Maintaining the 3-hour block average temperature at the inlet of the catalyst bed at or above the minimum allowable catalyst bed inlet temperature established during the most recent performance test; and iv. Reporting, in accordance with Sec. 63.9814(e), any 3-hour block average catalyst bed inlet temperature measurements below the minimum allowable catalyst bed inlet temperature established during the most recent performance; and v. Checking the activity level of the catalyst at least every 12 months and taking any necessary corrective action, such as replacing the catalyst, to ensure that the catalyst is performing as designed. 7. Each affected batch

      Maintain process i. Recording the process unit.

      operating

      organic HAP parameters within processing rate the limits

      (pounds per batch); established during and the most recent ii. Recording the performance test. hourly average operating temperature of the affected source; and iii. Recording the process cycle time for each batch cycle; and iv. Maintaining the organic HAP processing rate at or below the maximum organic HAP processing rate established during the most recent performance test.

      [[Page 18779]]

      8. Batch process units that Maintain the hourly i. Measuring and are equipped with a thermal average temperature recording the oxidizer.

      in the thermal

      thermal oxidizer oxidizer combustion combustion chamber chamber at or above temperature at the hourly average least every 15 temperature

      minutes; and established for the ii. Calculating the corresponding 1- hourly average hour period of the thermal oxidizer cycle during the combustion chamber most recent

      temperature; and performance test. iii. From the start of each batch cycle until 3 hours have passed since the process unit reached maximum temperature, maintaining the hourly average operating temperature in the thermal oxidizer combustion chamber at or above the minimum allowable operating temperature established for the corresponding period during the most recent performance test, as determined according to item 11 of Table 4 to this subpart; and iv. For each subsequent hour of the batch cycle, maintaining the hourly average operating temperature in the thermal oxidizer combustion chamber at or above the minimum allowable operating temperature established for the corresponding hour during the most recent performance test, as specified in item 13 of Table 4 to this subpart; and v. Reporting, in accordance with Sec. 63.9814(e), any temperature measurements below the minimum allowable thermal oxidizer combustion chamber temperature measured during the most recent performance test. 9. Batch process units that Maintain the hourly i. Measuring and are equipped with a

      average temperature recording catalytic oxidizer.

      at the inlet of the temperatures at the catalyst bed at or inlet of the above the

      catalyst bed at corresponding

      least every 15 hourly average

      minutes; and temperature

      ii. Calculating the established for the hourly average corresponding 1- temperature at the hour period of the inlet of the cycle during the catalyst bed; and most recent

      iii. From the start performance test. of each batch cycle until 3 hours have passed since the process unit reached maximum temperature, maintaining the hourly average operating temperature at the inlet of the catalyst bed at or above the minimum allowable bed inlet temperature established for the corresponding period during the most recent performance test, as determined according to item 12 of Table 4 to this subpart; and iv. For each subsequent hour of the batch cycle, maintaining the hourly average operating temperature at the inlet of the catalyst bed at or above the minimum allowable bed inlet temperature established for the corresponding hour during the most recent performance test, as specified in item 13 of Table 4 to this subpart; and v. Reporting, in accordance with Sec. 63.9814(e), any catalyst bed inlet temperature measurements below the minimum allowable bed inlet temperature measured during the most recent performance test; and vi. Checking the activity level of the catalyst at least every 12 months and taking any necessary corrective action, such as replacing the catalyst, to ensure that the catalyst is performing as designed. 10. Each new kiln that is As specified in Satisfying the used to process clay

      items 11 through 13 applicable refractory products.

      of this table.

      requirements specified in items 11 through 13 of this table. 11. Each new kiln that is a. Maintain the i. Collecting the equipped a DLA.

      average pressure DLA pressure drop drop across the DLA data, as specified for each 3-hour in item 18.a. of block period at or Table 4 to this above the minimum subpart; and pressure drop

      ii. Reducing the DLA established during pressure drop data the most recent to 1-hour and 3- performance test. hour block averages; and

      [[Page 18780]]

      iii. Maintaining the 3-hour block average pressure drop across the DLA at or above the minimum pressure drop established during the most recent performance test. b. Maintain free- Verifying that the flowing limestone limestone hopper in the feed hopper, has an adequate silo, and DLA.

      amount of free- flowing limestone by performing a daily visual check of the limestone hopper. c. Maintain the Recording the limestone feeder limestone feeder setting at or above setting at least the level

      daily to verify established during that the feeder the most recent setting is being performance test. maintained at or above the level established during the most recent performance test. d. Use the same Using the same grade grade of limestone of limestone as was from the same

      used during the source as was used most recent during the most performance test recent performance and maintaining test.

      records of the source and grade of limestone. 12. Each new kiln that is a. Initiate

      i. Initiating equipped with a DIFF or DLS/ corrective action corrective action FF.

      within 1 hour of a within 1 hour of a bag leak detection bag leak detection system alarm and system alarm and complete corrective completing actions in

      corrective actions accordance with the in accordance with OM&M plan; AND

      the OM&M plan; and operate and

      ii. Operating and maintain the fabric maintaining the filter such that fabric filter such the alarm does not that the alarm does engage for more not engage for more than 5 percent of than 5 percent of the total operating the total operating time in a 6-month time in a 6-month block reporting block reporting period.

      period; in calculating this operating time fraction, if inspection of the fabric filter demonstrates that no corrective action is required, no alarm time is counted; if corrective action is required, each alarm shall be counted as a minimum of 1 hour; if you take longer than 1 hour to initiate corrective action, the alarm time shall be counted as the actual amount of time taken by you to initiate corrective action. b. Maintain free- i. Verifying at flowing lime in the least once each 8- feed hopper or silo hour shift that at all times for lime is free- continuous

      flowing via a load injection systems; cell, carrier gas/ AND maintain feeder lime flow setting at or above indicator, carrier the level

      gas pressure drop established during measurement system, the most recent or other system; performance test recording all for continuous

      monitor or sensor injection systems. output, and if lime is found not to be free flowing, promptly initiating and completing corrective actions; and ii. Recording the feeder setting once each day of operation to verify that the feeder setting is being maintained at or above the level established during the most recent performance test. 13. Each new kiln that is a. Maintain the i. Collecting the used to process clay

      average pressure scrubber pressure refractory products and is drop across the drop data, as equipped with a wet

      scrubber for each 3- specified in item scrubber.

      hour block period 20.a. of Table 4 to at or above the this subpart; and minimum pressure ii. Reducing the drop established scrubber pressure during the most drop data to 1-hour recent performance and 3-hour block test.

      averages; and iii. Maintaining the 3-hour block average scrubber pressure drop at or above the minimum pressure drop established during the most recent performance test. b. Maintain the i. Collecting the average scrubber scrubber liquid pH liquid pH for each data, as specified 3-hour block period in item 20.b. of at or above the Table 4 to this minimum scrubber subpart; and liquid pH

      ii. Reducing the established during scrubber liquid pH the most recent data to 1-hour and performance test. 3-hour block averages; and iii. Maintaining the 3-hour block average scrubber liquid pH at or above the minimum scrubber liquid pH established during the most recent performance test.

      [[Page 18781]]

      c. Maintain the i. Collecting the average scrubber scrubber liquid liquid flow rate flow rate data, as for each 3-hour specified in item block period at or 20.c. of Table 4 to above the minimum this subpart; and scrubber liquid ii. Reducing the flow rate

      scrubber liquid established during flow rate data to 1- the most recent hour and 3-hour performance test. block averages; and iii. Maintaining the 3-hour block average scrubber liquid flow rate at or above the minimum scrubber liquid flow rate established during the most recent performance test. d. If chemicals are i. Collecting the added to the

      scrubber chemical scrubber liquid, feed rate data, as maintain the

      specified in item average scrubber 20.d. of Table 4 to chemical feed rate this subpart; and for each 3-hour ii. Reducing the block period at or scrubber chemical above the minimum feed rate data to 1- scrubber chemical hour and 3-hour feed rate

      block averages; and established during the most recent performance test. iii. Maintaining the 3-hour block average scrubber chemical feed rate at or above the minimum scrubber chemical feed rate established during the most recent performance test.

      As stated in Sec. 63.9810, you must show continuous compliance with the work practice standards for affected sources according to the following table:

      Table 9 to Subpart SSSSS of Part 63.--Continuous Compliance with Work Practice Standards

      You must demonstrate For the following

      continuous For . . .

      work practice compliance by . . . standard . . .

      1. Each affected source Each applicable work i. Performing each listed in Table 3 to this practice

      applicable work subpart.

      requirement listed practice standard in Table 3 to this listed in Table 3 subpart.

      to this subpart; and ii. Maintaining records that document the method and frequency for complying with each applicable work practice standard listed in Table 3 to this subpart, as required by Sec. Sec. 63.10(b) and 63.9816(c)(2). 2. Each basket or container Control POM

      i. Controlling that is used for holding emissions from any emissions from the fired refractory shapes in affected shape

      volatilization of an existing shape preheater preheater.

      residual pitch by and autoclave during the

      implementing one of pitch impregnation process.

      the work practice standards listed in item 1 of Table 3 to this subpart; and ii. Recording the date and cleaning method each time you clean an affected basket or container. 3. Each new or existing Control POM

      Capturing and pitch working tank.

      emissions.

      venting emissions from the affected pitch working tank to the control device that is used to control emissions from an affected defumer or coking oven, or to a thermal or catalytic oxidizer that is comparable to the control device used on an affected defumer or coking oven. 4. Each new or existing Minimize fuel-based i. Using natural chromium refractory

      HAP emissions.

      gas, or equivalent, products kiln.

      as the kiln fuel at all times except during periods of natural gas curtailment or supply interruption; and ii. If you intend to use an alternative fuel, submitting a notification of alternative fuel use within 48 hours of the declaration of a per[chyph]-iod of natural gas curtailment or supply interruption, as defined in Sec. 63.9824; and iii. Submitting a report of alternative fuel use within 10 working days after terminating the use of the alternative fuel, as specified in Sec. 63.9814(g). 5. Each existing clay

      Minimize fuel-based i. Using natural refractory products kiln. HAP emissions.

      gas, or equivalent, as the kiln fuel at all times except during periods of natural gas curtailment or supply interruption; and

      [[Page 18782]]

      ii. If you intend to use an alternative fuel, submitting a notification of alternative fuel use within 48 hours of the declaration of a per-iod of natural gas curtailment or supply interruption, as defined in Sec. 63.9824; and iii. Submitting a report of alternative fuel use within 10 working days after terminating the use of the alternative fuel, as specified in Sec. 63.9814(g).

      As stated in Sec. 63.9814, you must comply with the requirements for reports in the following table:

      Table 10 to Subpart SSSSS of Part 63.--Requirements for Reports

      The report must You must submit the You must submit a(n) . . . contain . . .

      report . . .

      1. Compliance report........ The information in Semiannually Sec. 63.9814(c) according to the through (f).

      requirements in Sec. 63.9814(a) through (f). 2. Immediate startup,

      a. Actions taken for By fax or telephone shutdown, and malfunction the event.

      within 2 working report if you had a

      days after starting startup, shutdown, or

      actions malfunction during the

      inconsistent with reporting period that is

      the plan. not consistent with your SSMP. b. The information By letter within 7 in Sec.

      working days after 63.10(d)(5)(ii). the end of the event unless you have made alternative arrangements with the permitting authority. 3. Report of alternative The information in If you are subject fuel use.

      Sec. 63.9814(g) to the work and items 4 and 5 practice standard of Table 9 to this specified in item 3 subpart.

      or 4 of Table 3 to this subpart, and you use an alternative fuel in the affected kiln, by letter within 10 working days after terminating the use of the alternative fuel.

      As stated in Sec. 63.9820, you must comply with the applicable General Provisions requirements according to the following table:

      Table 11 to Subpart SSSSS of Part 63.--Applicability of General Provisions to Subpart SSSSS

      Applies to subpart Citation

      Subject

      Brief description

      SSSSS

      Sec. 63.1....................... Applicability............. .......................... Yes. Sec. 63.2....................... Definitions............... .......................... Yes. Sec. 63.3....................... Units and Abbreviations... .......................... Yes. Sec. 63.4....................... Prohibited Activities..... Compliance date;

      Yes. circumvention, severability. Sec. 63.5....................... Construction/

      Applicability;

      Yes. Reconstruction.

      applications; approvals. Sec. 63.6(a).................... Applicability............. General Provisions (GP) Yes. apply unless compliance extension; GP apply to area sources that become major. Sec. 63.6(b)(1)-(4)............. Compliance Dates for New Standards apply at

      Yes. and Reconstructed Sources. effective date; 3 years after effective date; upon startup; 10 years after construction or reconstruction commences for section 112(f). Sec. 63.6(b)(5)................. Notification.............. .......................... Yes. Sec. 63.6(b)(6)................. [Reserved]

      .................... Sec. 63.6(b)(7)................. Compliance Dates for New Area sources that become Yes. and Reconstructed Area major must comply with Sources That Become Major. major source standards immediately upon becoming major, regardless of whether required to comply when they were area sources. Sec. 63.6(c)(1)-(2)............. Compliance Dates for

      Comply according to date Yes. Existing Sources.

      in subpart, which must be no later than 3 years after effective date; for section 112(f) standards, comply within 90 days of effective date unless compliance extension. Sec. 63.6(c)(3)-(4)............. [Reserved]

      .................... Sec. 63.6(c)(5)................. Compliance Dates for

      Area sources that become Yes. Existing Area Sources major must comply with That Become Major.

      major source standards by date indicated in subpart or by equivalent time period (for example, 3 years).

      [[Page 18783]]

      Sec. 63.6(d).................... [Reserved]

      .................... Sec. 63.6(e)(1)-(2)............. Operation & Maintenance... Operate to minimize

      Yes. emissions at all times; correct malfunctions as soon as practicable; requirements independently enforceable; information Administrator will use to determine if operation and maintenance requirements were met. Sec. 63.6(e)(3)................. Startup, Shutdown, and .......................... Yes. Malfunction Plan (SSMP). Sec. 63.6(f)(1)................. Compliance Except During You must comply with

      Yes. SSM.

      emission standards at all times except during SSM. Sec. 63.6(f)(2)-(3)............. Methods for Determining Compliance based on

      Yes. Compliance.

      performance test, operation and maintenance plans, records, inspection. Sec. 63.6(g)(1)-(3)............. Alternative Standard...... Procedures for getting an Yes. alternative standard. Sec. 63.6(h)(1)-(9)............. Opacity/Visible Emission .......................... Not applicable. (VE) Standards. Sec. 63.6(i)(1)-(14)............ Compliance Extension...... Procedures and criteria Yes. for Administrator to grant compliance extension. Sec. 63.6(j).................... Presidential Compliance President may exempt

      Yes. Exemption.

      source category. Sec. 63.7(a)(1)-(2)............. Performance Test Dates.... Dates for conducting

      Yes. initial performance testing and other compliance demonstrations; must conduct 180 days after first subject to rule. Sec. 63.7(a)(3)................. Section 114 Authority..... Administrator may require Yes. a performance test under CAA section 114 at any time. Sec. 63.7(b)(1)................. Notification of

      Must notify Administrator Yes. Performance Test.

      60 days before the test. Sec. 63.7(b)(2)................. Notification of

      Must notify Administrator Yes. Rescheduling.

      5 days before scheduled date and provide rescheduled date. Sec. 63.7(c).................... Quality Assurance/Test Requirements; test plan Yes. Plan.

      approval procedures; performance audit requirements; internal and external QA procedures for testing. Sec. 63.7(d).................... Testing Facilities........ .......................... Yes. Sec. 63.7(e)(1)................. Conditions for Conducting Performance tests must be No, Sec. 63.9800 Performance Tests.

      conducted under

      specifies representative

      requirements; Yes; conditions; cannot

      Yes. conduct performance tests during SSM; not a violation to exceed standard during SSM. Sec. 63.7(e)(2)................. Conditions for Conducting Must conduct according to Yes. Performance Tests.

      subpart and EPA test methods unless Administrator approves alternative. Sec. 63.7(e)(3)................. Test Run Duration......... Must have three test runs Yes; Yes, except of at least 1 hour each; where specified in compliance is based on Sec. 63.9800 for arithmetic mean of three batch process runs; conditions when sources; Yes. data from an additional test run can be used. Sec. 63.7(f).................... Alternative Test Method... .......................... Yes. Sec. 63.7(g).................... Performance Test Data .......................... Yes. Analysis. Sec. 63.7(h).................... Waiver of Test............ .......................... Yes. Sec. 63.8(a)(1)................. Applicability of

      .......................... Yes. Monitoring Requirements. Sec. 63.8(a)(2)................. Performance Specifications Performance Specifications Yes. in appendix B of 40 CFR part 60 apply. Sec. 63.8(a)(3)................. [Reserved] Sec. 63.8(a)(4)................. Monitoring with Flares.... .......................... Not applicable. Sec. 63.8(b)(1)................. Monitoring................ Must conduct monitoring Yes. according to standard unless Administrator approves alternative. Sec. 63.8(b)(2)-(3)............. Multiple Effluents and Specific requirements for Yes. Multiple Monitoring

      installing and reporting Systems.

      on monitoring systems. Sec. 63.8(c)(1)................. Monitoring System

      Maintenance consistent Yes. Operation and Maintenance. with good air pollution control practices. Sec. 63.8(c)(1)(i).............. Routine and Predictable Reporting requirements for Yes. SSM.

      SSM when action is described in SSMP. Sec. 63.8(c)(1)(ii)............. SSM not in SSMP........... Reporting requirements for Yes. SSM when action is not described in SSMP. Sec. 63.8(c)(1)(iii)............ Compliance with Operation How Administrator

      Yes. and Maintenance

      determines if source is Requirements.

      complying with operation and maintenance requirements. Sec. 63.8(c)(2)-(3)............. Monitoring System

      Must install to get

      Yes. Installation.

      representative emission and parameter measurements. Sec. 63.8(c)(4)................. CMS Requirements.......... .......................... No, Sec. 63.9808 specifies requirements. Sec. 63.8(c)(5)................. COMS Minimum Procedures... .......................... Not applicable.

      [[Page 18784]]

      Sec. 63.8(c)(6)................. CMS Requirements.......... .......................... Applies only to sources required to install and operate a THC CEMS. Sec. 63.8(c)(7)(i)(A)........... CMS Requirements.......... .......................... Applies only to sources required to install and operate a THC CEMS. Sec. 63.8(c)(7)(i)(B)........... CMS Requirements.......... .......................... Applies only to sources required to install and operate a THC CEMS. Sec. 63.8(c)(7)(i)(C)........... CMS Requirements.......... .......................... Not applicable. Sec. 63.8(c)(7)(ii)............. CMS Requirements.......... Corrective action required Yes. when CMS is out of control. Sec. 63.8(c)(8)................. CMS Requirements.......... .......................... Yes. Sec. 63.8(d).................... CMS Quality Control....... .......................... Applies only to sources required to install and operate a THC CEMS. Sec. 63.8(e).................... CMS Performance Evaluation .......................... Applies only to sources required to install and operate a THC CEMS. Sec. 63.8(f)(1)-(5)............. Alternative Monitoring .......................... Yes. Method. Sec. 63.8(f)(6)................. Alternative to Relative .......................... Yes. Accuracy Test. Sec. 63.8(g).................... Data Reduction............ .......................... Applies only to sources required to install and operate a THC CEMS. Sec. 63.9(a).................... Notification Requirements. .......................... Yes. Sec. 63.9(b)(1)-(5)............. Initial Notifications..... .......................... Yes. Sec. 63.9(c).................... Request for Compliance .......................... Yes. Extension. Sec. 63.9(d).................... Notification of Special .......................... Yes. Compliance Requirements for New Source. Sec. 63.9(e).................... Notification of

      Notify Administrator 60 Yes. Performance Test.

      days prior. Sec. 63.9(f).................... Notification of VE/Opacity .......................... Not applicable. Test. Sec. 63.9(g).................... Additional Notifications .......................... Applies only to When Using CMS.

      sources required to install and operate a THC CEMS. Sec. 63.9(h).................... Notification of Compliance .......................... Yes. Status. Sec. 63.9(i).................... Adjustment of Submittal .......................... Yes. Deadlines. Sec. 63.9(j).................... Change in Previous

      .......................... Yes. Information. Sec. 63.10(a)................... Recordkeeping/Reporting... .......................... Yes. Sec. 63.10(b)(1)................ Recordkeeping/Reporting... .......................... Yes. Sec. 63.10(b)(2) (i)-(v)........ Records Related to

      .......................... Yes. Startup, Shutdown, and Malfunction. Sec. 63.10 (b)(2)(vi) and (x-xi) CMS Records............... .......................... Yes. Sec. 63.10 (b)(2)(vii)-(ix)..... Records................... Measurements to

      Yes. demonstrate compliance with emission limitations; performance test, performance evaluation, and visible emission observation results; measurements to determine conditions of performance tests and performance evaluations. Sec. 63.10(b)(2) (xii).......... Records................... Records when under waiver. Yes. Sec. 63.10(b) (2)(xiii)......... Records................... Records when using

      Not applicable. alternative to relative accuracy test. Sec. 63.10(b) (2)(xiv).......... Records................... All documentation

      Yes. supporting Initial Notification and Notification of Compliance Status. Sec. 63.10(b)(3)................ Records................... Applicability

      Yes. Determinations. Sec. 63.10(c)(1)-(6), (9)-(15).. Records................... Additional Records for CMS Not applicable. Sec. 63.10(c)(7)-(8)............ Records................... Records of excess

      No, Sec. 63.9816 emissions and parameter specifies monitoring exceedances requirements. for CMS. Sec. 63.10(d)(1)................ General Reporting

      Requirements for reporting Yes. Requirements. Sec. 63.10(d)(2)................ Report of Performance Test When to submit to Federal Yes. Results.

      or State authority. Sec. 63.10(d)(3)................ Reporting Opacity or VE .......................... Not applicable. Observations.

      [[Page 18785]]

      Sec. 63.10(d)(4)................ Progress Reports.......... Must submit progress

      Yes. reports on schedule if under compliance extension. Sec. 63.10(d)(5)................ Startup, Shutdown, and Contents and submission... Yes. Malfunction Reports. Sec. 63.10(e)(1)-(2)............ Additional CMS Reports.... .......................... Applies only to sources required to install and operate a THC CEMS. Sec. 63.10(e)(3)................ Reports................... .......................... No, Sec. 63.9814 specifies requirements. Sec. 63.10(e)(4)................ Reporting COMS data....... .......................... Not applicable. Sec. 63.10(f)................... Waiver for Recordkeeping/ .......................... Yes. Reporting. Sec. 63.11...................... Flares.................... .......................... Not applicable. Sec. 63.12...................... Delegation................ .......................... Yes. Sec. 63.13...................... Addresses................. .......................... Yes. Sec. 63.14...................... Incorporation by Reference .......................... Yes. Sec. 63.15...................... Availability of

      .......................... Yes. Information.

      [FR Doc. 03-5622 Filed 4-15-03; 8:45 am]

      BILLING CODE 6560-50-P