**[Redlined Comments on the Proposed Taconite Iron Ore
NESHAP]{.smallcaps}**

For the reasons stated in the preamble, title 40, chapter I, part 63 of
the Code of Federal Regulations is proposed to be amended as follows:

**PART 63\--\[AMENDED\]**

1\. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401, [et]{.underline} [seq]{.underline}.

2\. Part 63 is proposed to be amended by adding subpart RRRRR to read as
follows:

**Subpart RRRRR \-- National Emission Standards for Hazardous Air
Pollutants for Taconite Iron Ore Processing**

**Sec.**

**What This Subpart Covers**

63.9580 What is the purpose of this subpart?

63.9581 Am I subject to this subpart?

63.9582 What parts of my plant does this subpart cover?

63.9583 When do I have to comply with this subpart?

**Emission Limitations and Work Practice Standards**

63.9590 What emission limitations must I meet?

63.9591 What work practice standards must I meet?

**Operation and Maintenance Requirements**

63.9600 What are my operation and maintenance requirements?

**General Compliance Requirements**

63.9610 What are my general requirements for complying with this
subpart?

**Initial Compliance Requirements**

63.9620 On which units and by what date must I conduct performance tests
or other initial compliance demonstrations?

63.9621 What test methods and other procedures must I use to demonstrate
initial and continuous compliance with the emission limits for
particulate matter?

63.9622 What test methods and other procedures must I use to establish
and demonstrate initial compliance with the operating limits?

63.9623 How do I demonstrate initial compliance with the emission
limitations that apply to me?

63.9624 How do I demonstrate initial compliance with the work practice
standards that apply to me?

63.9625 How do I demonstrate initial compliance with the operation and
maintenance requirements that apply to me?

**Continuous Compliance Requirements**

63.9630 When must I conduct subsequent performance tests?

63.9631 What are my monitoring requirements?

63.9632 What are the installation, operation, and maintenance
requirements for my monitoring equipment?

63.9633 How do I monitor and collect data to demonstrate continuous
compliance?

63.9634 How do I demonstrate continuous compliance with the emission
limitations that apply to me?

63.9635 How do I demonstrate continuous compliance with the work
practice standards that apply to me?

63.9636 How do I demonstrate continuous compliance with the operation
and maintenance requirements that apply to me?

63.9637 What other requirements must I meet to demonstrate continuous
compliance?

**Notifications, Reports, and Records**

63.9640 What notifications must I submit and when?

63.9641 What reports must I submit and when?

63.9642 What records must I keep?

63.9643 In what form and how long must I keep my records?

**Other Requirements and Information**

63.9650 What parts of the General Provisions apply to me?

63.9651 Who implements and enforces this subpart?

63.9652 What definitions apply to this subpart?

**Tables to Subpart RRRRR of Part 63**

Table 1 to Subpart RRRRR of Part 63 - Emission Limits

Table 2 to Subpart RRRRR of Part 63 - Applicability of General
Provisions to Subpart RRRRR of Part 63

**What this Subpart Covers**

**[63.9580 What is the purpose of this subpart]{.underline}?**

Subpart RRRRR establishes national emission standards for hazardous air
pollutants (NESHAP) for the source category covering indurating furnace
operations located at taconite iron ore processing plants. Subpart RRRRS
establishes national emission standards for hazardous air pollutants
(NESHAP) for the source category covering material handling operations
located at taconite iron ore processing plants. These subparts also
establishe requirements to demonstrate initial and continuous compliance
with all applicable emission limitations, work practice standards, and
operation and maintenance requirements in these Subparts.

**[63.9581 Am I subject to these subparts]{.underline}?**

You are subject to subpart RRRRR if you own or operate indurating
furnaces at a taconite iron ore processing plant that is a major source
of hazardous air pollutant (HAP) emissions on the first compliance date
that applies to you. You are subject to subpart RRRRS if you own or
operate material handling operations at a taconite iron ore processing
plant that is a major source of hazardous air pollutant (HAP) emissions
on the first compliance date that applies to you. The operations at the
individual source category are a major source of HAP if it emits or has
the potential to emit any single HAP at a rate of 10 tons or more per
year or any combination of HAP at a rate of 25 tons or more per year.

**[63.9582 What parts of my plant does this subpart
cover]{.underline}?**

\(a\) Subparts RRRRR and RRRRS applies, respectively, to each new and
existing major source of indurating furnace affected source or major
source of material handling affected source located at a taconite iron
ore processing plant.

\(b\) The affected sources at each major source

> \(i\) of material handling operations at taconite iron ore processing
> plant are all of the new or existing ore crushing and handling
> operations, and ore dryers, , and finished pellet handling operations
> at your taconite iron ore processing plant, as defined in 63.9652.
>
> \(ii\) of indurating furnace operations at taconite iron ore
> processing plant are all of the new or existing indurating furnace
> operations at your taconite iron ore processing plant, as defined in
> 63.9652.

\(c\) Subpart RRRRR covers emissions from ore crushing and handling
emission units; ore dryer stacks; and finished pellet handling emission
units from each taconite iron ore processing plant, which in and of
themselves constitute a major source. Subpart RRRRS covers emissions
from indurating furnace operations which are major sources and are
located at a taconite iron ore processing plant.

\(d\) An ore crushing and handling operation, ore dryer, indurating
furnace, or finished pellet handling operation at your taconite iron ore
processing plant is existing if you commenced construction or
reconstruction of the affected source before December 18, 2002.

\(e\) An ore crushing and handling operation, ore dryer, indurating
furnace, or finished pellet handling operation at your taconite iron ore
processing plant is new if you commence construction or reconstruction
of the affected source on or after December 18, 2002. An affected source
is reconstructed if it meets the definition of reconstruction in 63.2.

\(f\) For existing or reconstructed facilities, any change in operations
or control technologies related to compliance with the requirements of
this subpart shall be deemed a Pollution Control Project as set forth in
Part 51 or Part 52 and shall not cause the requirements of Prevention of
Significant Deterioration, New Source Review, or New Source Performance
Standards to apply to such facility.

**[63.9583 When do I have to comply with this subpart]{.underline}?**

\(a\) If you have an existing affected source, you must comply with each
emission limitation, work practice standard, and operation and
maintenance requirement in this subpart that applies to you no later
than \[DATE 3 YEARS AFTER THE DATE OF PUBLICATION OF THE FINAL RULE IN
THE [FEDERAL REGISTER]{.underline}\].

\(b\) If you have a new affected source and its initial startup date is
on or before \[DATE OF PUBLICATION OF THE FINAL RULE IN THE [FEDERAL
REGISTER]{.underline}\], you must comply with each emission limitation,
work practice standard, and operation and maintenance requirement in
this subpart that applies to you by \[DATE OF PUBLICATION OF THE FINAL
RULE IN THE [FEDERAL REGISTER]{.underline}\].

\(c\) If you have a new affected source and its initial startup date is
after \[DATE OF PUBLICATION OF THE FINAL RULE IN THE [FEDERAL
REGISTER]{.underline}\], you must comply with each emission limitation,
work practice standard, and operation and maintenance requirement in
this subpart that applies to you upon initial startup.

\(d\) If your affected source is an area source that becomes a major
source of HAP, the compliance dates in paragraphs (d)(1) and (2) of this
section apply to you.

> \(1\) Any portion of the affected source defined under Subpart RRRRR
> or Subpart RRRRS that is a new affected source or a new reconstructed
> source must be in compliance with this subpart upon startup.
>
> \(2\) All other parts of the taconite iron ore processing plant must
> be in compliance with this subpart no later than 3 years after it
> becomes a major source.

\(e\) You must meet the notification and schedule requirements in
63.9640. Several of these notifications must be submitted before the
compliance date for your affected source.

**Emission Limitations and Work Practice Standards**

**[63.9590 What emission limitations must I meet]{.underline}?**

\(a\) You must meet each emission limit in Table 1 of this subpart that
applies to you.

\(b\) You must meet each operating limit for control devices in
paragraphs (b)(1) through (4) of this section that applies to you.

> \(1\) For each negative pressure baghouse and each positive pressure
> baghouse equipped with a stack applied to meet any particulate
> emission limit in Table 1, you must operate the baghouse such that the
> bag leak detection system does not alarm for more than 10 percent of
> the total operating time of the affected source in any semiannual
> reporting period.
>
> \(2\) For each scrubber applied to meet any particulate matter
> emission limit in Table 1 of this subpart, you must maintain the
> average pressure drop and scrubber water flow rate at or above the
> minimum levels established during the initial performance test
>
> \(3\) For each dry electrostatic precipitator applied to meet any
> particulate matter emission limit in Table 1 of this subpart, you must
> maintain the 6-minute average opacity of emissions exiting the control
> device stack at or below the level established during the initial
> performance test.
>
> \(4\) An owner or operator who uses an air pollution control device
> other than a baghouse, scrubber, or dry electrostatic precipitator
> must submit a site specific monitoring plan as described in
> 63.9631(d).
>
> \(5\) All emission limitations must be set at or above the averaging
> period associated with time frames appropriate for demonstrating
> compliance with the appropriate test method. At the option of the
> affected source, these averaging times can be negotiated and modified
> within the context of individual Title V permits.
>
> **[]{.underline}**

\[***Alternatively, in the event a fugitive dust plan is deemed
mandatory under this program, then we suggest changing the language of
63.9591 to read as follows:***

> **[*63.9591 What work practice standards must I meet at the Taconite
> Iron Ore Processing Plant*]{.underline}*?***
>
> *(a)* *For affected sources with existing Title V permits, the source
> must comply with the fugitive dust requirements in that permit.*
>
> *(b) For affected sources without existing Title V permits, the source
> must develop and comply with a fugitive dust plan including the
> following, as applicable:*
>
> *(1) Stockpiles (includes, but is not limited to, stockpiles of
> uncrushed ore, crushed ore, or finished pellets);*
>
> *(2) Material transfer points;*
>
> *(3) Plant roadways;*
>
> *(4) Tailings basin;*
>
> *(5) Pellet loading areas; and*
>
> *(6) Yard areas.*
>
> *(c) You must maintain a current copy of the fugitive dust emissions
> control plan onsite and available for inspection upon request.
> Consistent with other Title V recordkeeping requirements, you must
> keep the plan for five years* *or until the affected source is no
> longer subject to the requirements of this subpart.*
>
> *(d) Nothing in this subpart shall be interpreted as imposing a new or
> separate enforceable requirement for adopting or complying with a
> fugitive dust plan.* *Failure to adopt or utilize a fugitive dust plan
> is not a violation of this subpart, but may be a violation of an
> applicable state based or Title V imposed requirement.\]*

**Operation and Maintenance Requirements**

**[63.9600 What are my operation and maintenance
requirements]{.underline}?**

\(a\) As required by 63.6(e)(1)(i), the owner or operator must operate
and maintain any affected source, including associated air pollution
control equipment and monitoring equipment, in a manner consistent with
safety and good air pollution control practices for minimizing emissions
to the levels required by the relevant standards, i.e., meet the
emission standard or comply with the startup, shutdown, and malfunction
plan. **\[NOTE TO EPA: THE ORIGINAL LANGUAGE IN THIS SECTION WAS
PARAPHRASED AND THUS WAS DIFFERENT FROM 63.6(e)(1)(i). IT MUST BE
IDENTICAL TO THE EXISTING RULE OR ELSE IT IMPOSES TWO SEPARATE
REQUIREMENTS.\]**

\(b\) You must prepare and operate at all times according to a written
operation and maintenance plan for each control device subject to an
operating limit in 63.9590(b). Each plan must be submitted to the
Administrator or delegated authority on or before the compliance date
that is specified in 63.9583 and must address the elements in
paragraphs (b)(1) and (2) of this section. You must maintain a current
copy of the operation and maintenance plan onsite and available for
inspection upon request. Consistent with other Title V recordkeeping
requirements, you must keep the plan for five years. (1) Preventative
maintenance for each control device, including a preventative
maintenance schedule that is consistent with the manufacturer's
instructions for routine and long-term maintenance.

> \(2\) In the event a bag leak detection system alarm is triggered for
> a baghouse, you must make best efforts to initiate corrective action
> to determine the cause of the alarm within 1 hour of the alarm, and
> make best efforts to initiate corrective action to correct the cause
> of the problem within 24 hours of the alarm, and complete the
> corrective action as soon as practicable. Actions may include, but are
> not limited to, the actions listed in paragraphs (b)(2)(i) through
> (vi) of this section.
>
> \(i\) Inspecting the baghouse for air leaks, torn or broken bags or
> filter media, or any other condition that may cause an increase in
> emissions.
>
> \(ii\) Sealing off defective bags or filter media.
>
> \(iii\) Replacing defective bags or filter media or otherwise
> repairing the control device.
>
> \(iv\) Sealing off a defective baghouse compartment.
>
> \(v\) Cleaning the bag leak detection system probe, or otherwise
> repairing the bag leak detection system.
>
> \(vi\) Shutting down the process producing the particulate emissions.

**General Compliance Requirements**

**[63.9610 What are my general requirements for complying with this
subpart]{.underline}?**

\(a\) You must be in compliance with the emission limitations, work
practice standards, and operation and maintenance requirements in this
subpart at all times, except during periods of startup, shutdown, and
malfunction. The terms startup, shutdown, and malfunction are defined in
63.2.

\(b\) During the period between the compliance date specified for your
affected source in 63.9583 and the date upon which continuous
monitoring systems have been installed and certified and any applicable
operating limits have been set, you must maintain a log detailing the
operation and maintenance of the process and emissions control
equipment.

\(c\) You must develop and implement a written startup, shutdown, and
malfunction plan as follows: **\[SSM provisions in 63.6 are in flux with
the proposed revisions to the General Provisions. Rather than depend on
the unknown for SSM provisions, the current language has been reproduced
below.\]**

> \(i\) The owner or operator of an affected source must develop and
> implement a written startup, shutdown, and malfunction plan that
> describes, in detail, procedures for operating and maintaining the
> source during periods of startup, shutdown, and malfunction; a program
> of corrective action for malfunctioning process; and air pollution
> control and monitoring equipment used to comply with the relevant
> standard. This plan must be developed by the owner or operator by the
> source\'s compliance date for that relevant standard. The purpose of
> the startup, shutdown, and malfunction plan is to---
>
> \(A\) Ensure that, at all times, the owner or operator operate and
> maintain affected sources, including associated air pollution control
> and monitoring equipment, in a manner consistent with safety and good
> air pollution control practices for minimizing emissions to the levels
> required by the relevant standards;
>
> \(B\) Ensure that owners or operators are prepared to correct
> malfunctions as soon as practicable after their occurrence in order to
> minimize excess emissions of hazardous air pollutants; and
>
> \(C\) Reduce the reporting burden associated with periods of startup,
> shutdown, and malfunction (including corrective action taken to
> restore malfunctioning process and air pollution control equipment to
> its normal or usual manner of operation).
>
> \(ii\) During periods of startup, shutdown, and malfunction, the owner
> or operator of an affected source must operate and maintain such
> source (including associated air pollution control and monitoring
> equipment) in accordance with the procedures specified in the startup,
> shutdown, and malfunction plan developed under paragraph (e)(3)(i) of
> this section.
>
> \(iii\) When actions taken by the owner or operator during a startup,
> shutdown, or malfunction (including actions taken to correct a
> malfunction) are consistent with the procedures specified in the
> affected source\'s startup, shutdown, and malfunction plan, the owner
> or operator must keep records for that event which demonstrate that
> the procedures specified in the plan were followed. These records may
> take the form of a \`\`checklist,\'\' or other effective form of
> recordkeeping that confirms conformance with the startup, shutdown,
> and malfunction plan for that event. In addition, the owner or
> operator must keep records of these events as specified in Sec.
> 63.10(b), including records of the occurrence and duration of each
> startup, shutdown, or malfunction of operation and each malfunction of
> the air pollution control and monitoring equipment. Furthermore, the
> owner or operator shall confirm that actions taken during the relevant
> reporting period during periods of startup, shutdown, and malfunction
> were consistent with the affected source\'s startup, shutdown and
> malfunction plan in the semiannual (or more frequent) startup,
> shutdown, and malfunction report required in Sec. 63.10(d)(5).
>
> \(iv\) If an action taken by the owner or operator during a startup,
> shutdown, or malfunction (including an action taken to correct a
> malfunction) is not consistent with the procedures specified in the
> affected source\'s startup, shutdown, and malfunction plan, and the
> source exceeds the relevant emission standard, then the owner or
> operator must record the actions taken for that event and must report
> such actions within 2 working days after commencing actions
> inconsistent with the plan, followed by a letter within 7 working days
> after the end of the event, in accordance with Sec. 63.10(d)(5)
> (unless the owner or operator makes alternative reporting
> arrangements, in advance, with the Administrator).
>
> \(v\) The owner or operator must maintain at the affected source a
> current startup, shutdown, and malfunction plan and must make the plan
> available upon request for inspection and copying by the
> Administrator. In addition, if the startup, shutdown, and malfunction
> plan is subsequently revised as provided in paragraph (e)(3)(viii) of
> this section, the owner or operator must maintain at the affected
> source each previous (i.e., superseded) version of the startup,
> shutdown, and malfunction plan, and must make each such previous
> version available for inspection and copying by the Administrator for
> a period of 5 years after revision of the plan. If at any time after
> adoption of a startup, shutdown, and malfunction plan the affected
> source ceases operation or is otherwise no longer subject to the
> provisions of this part, the owner or operator must retain a copy of
> the most recent plan for 5 years from the date the source ceases
> operation or is no longer subject to this part and must make the plan
> available upon request for inspection and copying by the
> Administrator.
>
> \(vi\) To satisfy the requirements of this section to develop a
> startup, shutdown, and malfunction plan, the owner or operator may use
> the affected source\'s standard operating procedures (SOP) manual, or
> an Occupational Safety and Health Administration (OSHA) or other plan,
> provided the alternative plans meet all the requirements of this
> section and are made available for inspection when requested by the
> Administrator.
>
> \(vii\) Based on the results of a determination made under paragraph
> (e)(2)of this section, the Administrator may require that an owner or
> operator of an affected source make changes to the startup, shutdown,
> and malfunction plan for that source. The Administrator may require
> reasonable revisions to a startup, shutdown, and malfunction plan, if
> the Administrator finds that the plan:
>
> \(A\) Does not address a startup, shutdown, or malfunction event that
>
> has occurred;
>
> \(B\) Fails to provide for the operation of the source (including
> associated air pollution control and monitoring equipment) during a
> startup, shutdown, or malfunction event in a manner consistent with
> safety and good air pollution control practices for minimizing
> emissions to the levels required by the relevant standards;
>
> \(C\) Does not provide adequate procedures for correcting
> malfunctioning process and/or air pollution control and monitoring
> equipment as quickly as practicable; or
>
> \(D\) Includes an event that does not meet the definition of startup,
> shutdown, or malfunction listed in Sec. 63.2.
>
> \(viii\) The owner or operator may periodically revise the startup,
> shutdown, and malfunction plan for the affected source as necessary to
> satisfy the requirements of this part or to reflect changes in
> equipment or procedures at the affected source. Unless the permitting
> authority provides otherwise, the owner or operator may make such
> revisions to the startup, shutdown, and malfunction plan without prior
> approval by the Administrator or the permitting authority. However,
> each such revision to a startup, shutdown, and malfunction plan must
> be reported in the semiannual report required by Sec. 63.10(d)(5). If
> the startup, shutdown, and malfunction plan fails to address or
> inadequately addresses an event that meets the characteristics of a
> malfunction but was not included in the startup, shutdown, and
> malfunction plan at the time the owner or operator developed the plan,
> the owner or operator must revise the startup, shutdown, and
> malfunction plan within 45 days after the event to include detailed
> procedures for operating and maintaining the source during similar
> malfunction events and a program of corrective action for similar
> malfunctions of process or air pollution control and monitoring
> equipment. In the event that the owner or operator makes any revision
> to the startup, shutdown, and malfunction plan which alters the scope
> of the activities at the source which are deemed to be a startup,
> shutdown, malfunction, or otherwise modifies the applicability of any
> emission limit, work practice requirement, or other requirement in a
> standard established under this part, the revised plan shall not take
> effect until after the owner or operator has provided a written notice
> describing the revision to the permitting authority.
>
> \(ix\) The title V permit for an affected source must require that the
> owner or operator adopt a startup, shutdown, and malfunction plan
> which conforms to the provisions of this part, and that the owner or
> operator operate and maintain the source in accordance with the
> procedures specified in the current startup, shutdown, and malfunction
> plan. However, any revisions made to the startup, shutdown, and
> malfunction plan in accordance with the procedures established by this
> part shall not be deemed to constitute permit revisions under part 70
> or part 71 of this chapter. Moreover, none of the procedures specified
> by the startup, shutdown, and malfunction plan for an affected source
> shall be deemed to fall within the permit shield provision in section
> 504(f) of the Act.

\(d\) Operations which take place outside of parametric operational
limits are not deviations unless an emission exceedance occurred during
the time of the incident.

**Initial Compliance Requirements**

**[63.9620 On which units and by what date must I conduct performance
tests or other initial compliance demonstrations]{.underline}?**

\(a\) To demonstrate initial compliance with the emission limits in
Table 1 of this subpart for ore crushing and handling, you must conduct
an initial performance test for particulate matter as specified in
paragraphs (a)(1) and (2) of this section.

> \(1\) Except as provided in paragraph (e) of this section, an initial
> performance test must be performed on all stacks associated with ore
> crushing and handling.
>
> \(2\) The initial performance tests must be conducted within 2 years
> of the compliance date that is specified in 63.9583.

\(b\) To demonstrate initial compliance with the emission limits in
Table 1 of this subpart for each indurating furnace, you must conduct an
initial performance test for all stacks associated with an indurating
furnace within 180 calendar days of the compliance date that is
specified in 63.9583.

\(c\) To demonstrate initial compliance with the emission limits in
Table 1 of this subpart for finished pellet handling, you must conduct
an initial performance test for particulate matter as specified in
paragraphs (c)(1) and (2) of this section.

> \(1\) Except as provided in paragraph (e) of this section, an initial
> performance test must be performed on all stacks associated with
> finished pellet handling.
>
> \(2\) The initial performance tests must be conducted within 2 years
> of the compliance date that is specified in 63.9583.

\(d\) To demonstrate initial compliance with the emission limits in
Table 1 of this subpart for each ore dryer, you must conduct an initial
performance test for all stacks associated with an ore dryer within 180
calendar days of the compliance date that is specified in 63.9583. (e)
For ore crushing and handling and finished pellet handling, in lieu of
conducting initial performance tests for particulate matter on all
stacks, you may elect to group similar emission units together and
conduct an initial compliance test on a representative sample of
emission units within each group of similar emission units. The
determination of whether emission units are similar must meet the
criteria in paragraph (f) of this section. The number of units that must
be tested within each group of similar units must be determined using
the criteria in paragraph (g) of this section. If you decide to test
representative emission units, you must prepare and submit a testing
plan as described in paragraph (h) of this section.

\(f\) If you elect to test representative emission units as provided in
paragraph (e) of this section, the units that are grouped together as
similar units must meet the criteria Set forth by the state Agency or
Title V permit

\(h\) If you are conducting initial testing on representative emission
units within the ore crushing and handling or finished pellet handling,
you must submit a testing plan for initial performance tests as required
under paragraph (e) of this section. This testing plan must be submitted
to the Administrator or delegated authority on or before the compliance
date that is specified in 63.9583. The testing plan must contain the
information specified in paragraphs (h)(1) through (3) of this section.

> \(1\) A list of all emission units. This list must clearly identify
> all emission units that have been grouped together as similar emission
> units. Within each group of emission units, you must identify the
> emission unit(s) that will be the representative unit(s) for that
> group, and subject to initial performance testing.
>
> \(2\) The process type, type of emission control, the air flow rate in
> dscf, and the actual process throughput rate in long tons per hour for
> each emission unit.
>
> \(3\) A schedule indicating when you will conduct initial performance
> tests for particulate matter for each of the representative units.

\(i\) For each work practice standard and operation and maintenance
requirement that applies to you where initial compliance is not
demonstrated using a performance test, you must demonstrate initial
compliance within 30 calendar days after the compliance date that is
specified for your affected source in 63.9583.

\(j\) If you commenced construction or reconstruction between December
18, 2002 and \[DATE OF PUBLICATION OF THE FINAL RULE IN THE [FEDERAL
REGISTER]{.underline}\], you must demonstrate initial compliance with
either the proposed emission limit or the promulgated emission limit no
later than \[DATE 180 CALENDAR DAYS AFTER THE DATE OF PUBLICATION OF THE
FINAL RULE IN THE [FEDERAL REGISTER]{.underline}\] or no later than 180
calendar days after startup of the source, whichever is later, according
to 63.7(a)(2)(ix).

\(k\) If you commenced construction or reconstruction between December
18, 2002 and \[DATE OF PUBLICATION OF THE FINAL RULE IN THE [FEDERAL
REGISTER]{.underline}\], and you chose to comply with the proposed
emission limit when demonstrating initial compliance, you must conduct a
second performance test to demonstrate compliance with the promulgated
emission limit by \[DATE 3 YEARS AND 180 CALENDAR DAYS AFTER THE DATE OF
PUBLICATION OF THE FINAL RULE IN THE [FEDERAL REGISTER]{.underline}\],
or after startup of the source, whichever is later, according to
63.7(a)(2)(ix).

**[63.9621 What test methods and other procedures must I use to
demonstrate initial and continuous compliance with the emission limits
for particulate matter]{.underline}?**

\(a\) You must conduct each performance test that applies to your
affected source according to the requirements in 63.7(e)(1) and the
conditions detailed in paragraphs (b) and (c) of this section.

\(b\) To determine compliance with the applicable emission limit for
particulate matter in Table 1 of this subpart for ore crushing and
handling, and for finished pellet handling, you must follow the test
methods and procedures in paragraphs (b)(1) through (3) of this section.

> \(1\) Determine the concentration of particulate matter in the stack
> gas and the stack gas volumetric flow rate for each emission unit
> according to the test methods in appendix A to part 60 of this
> chapter. The applicable test methods are listed in paragraphs
> (b)(1)(i) through (v) of this section.
>
> \(i\) Method 1 or 1A to select sampling port locations and the number
> of traverse points. Sampling ports must be located at the outlet of
> the control device and prior to any releases to the atmosphere.
>
> \(ii\) Method 2, 2A, 2C, 2D, 2F, or 2G, as applicable, to determine
> the volumetric flow rate of the stack gas.
>
> \(iii\) Method 3, 3A, or 3B to determine the dry molecular weight of
> the stack gas.
>
> \(iv\) Method 4 to determine the moisture content of the stack gas.
>
> \(v\) Method 5, 5D or 17 to determine the concentration of particulate
> matter.
>
> \(2\) Three valid test runs are needed to comprise a performance test.
>
> \(3\) For each ore crushing and handling affected source, and for each
> finished pellet handling affected source you must determine the
> flow-weighted mean concentration of particulate matter emissions using
> the procedure in paragraph (b)(3)(i) or (ii) of this section.
>
> \(i\) Compute the flow-weighted mean concentration of particulate
> matter emissions using Equation 1 of this section.

Where:

C~w~ = Flow-weighted mean concentration of particulate matter for all
emission units within the affected source, grains per dry standard cubic
foot (gr/dscf);

C~i~ = Three-run average particulate matter concentration from emission
unit i, gr/dscf;

Q~i~ = Three-run average volumetric flow rate of stack gas from emission
unit i, dscf/hr; and

n = The number of emission units in the affected source.

> \(ii\) If you are grouping similar units as allowed under 63.9620(d),
> you must meet the requirements in paragraphs (b)(3)(ii)(A) and (B) of
> this section.
>
> \(A\) All emission units within each group of similar units must be
> assigned the flow-weighted mean concentration of particulate matter
> emissions for the representative unit.
>
> \(B\) All emission units within each group of similar units must be
> assigned the actual average operating volumetric flow rate of exhaust
> gas measured for each emission unit within each group of similar
> units.

\(c\) To determine compliance with the applicable emission limit for
particular matter in Table 1 of this subpart for each ore dryer and for
each indurating furnace, you must follow the test methods and procedures
in paragraphs (c)(1) through (5) of this section.

> \(1\) Determine the concentration of particulate matter for each stack
> according to the test methods in appendix A to part 60 of this
> chapter. The applicable test methods are listed in paragraphs
> (c)(1)(i) through (v) of this section.
>
> \(i\) Method 1 or 1A to select sampling port locations and the number
> of traverse points. Sampling ports must be located at the outlet of
> the control device and prior to any releases to the atmosphere.
>
> \(ii\) Method 2, 2A, 2C, 2D, 2F, or 2G, as applicable, to determine
> the volumetric flow rate of the stack gas.
>
> \(iii\) Method 3, 3A, or 3B to determine the dry molecular weight of
> the stack gas.
>
> \(iv\) Method 4 to determine the moisture content of the stack gas.
>
> \(v\) Method 5, 5D or 17 to determine the concentration of particulate
> matter.
>
> \(2\) Three valid test runs are needed to comprise a performance test.
>
> \(4\) For each ore dryer and each indurating furnace, compute the
> flow‑weighted mean concentration of particulate matter for each test
> run using Equation 2 of this section.

Where:

C~a~ = Flow-weighted mean concentration of particulate matter for run
a, gr/dscf;

C~i~ = Concentration of particulate matter from stack i for run a,
gr/dscf;

Q~i~ = Volumetric flow rate of stack gas from stack i for run a,
dscf/hr;

n = Number of stacks; and

a = Run number: 1, 2, or 3.

> \(5\) For each ore dryer and each indurating furnace, compute the
> flow‑weighted mean particulate matter concentration for the three test
> runs using Equation 3 of this section.

Where:

C = Flow-weighted mean particulate matter concentration, gr/dscf;

C~1~ = Flow-weighted particulate matter concentration for run 1,
gr/dscf;

C~2~ = Flow-weighted particulate matter concentration for run 2,
gr/dscf; and

C~3~ = Flow-weighted particulate matter concentration for run 3,
gr/dscf.

**[63.9622 What test methods and other procedures must I use to
establish and demonstrate initial compliance with the operating
limits]{.underline}?**

\(a\) For a wet scrubber subject to operating limits for pressure drop
and scrubber water flow rate in 63.9590(b)(2), you must establish
site-specific operating limits adequate to assure compliance with the
emission limitations.

\(b\) For a dry electrostatic precipitator subject to an opacity limit,
you must develop and implement an operation and maintenance plan
sufficient to assure compliance with the opacity limit. (1) The plan may
contain provisions allowing for regular visible emission checks
(non-certified) wherein visible emissions would trigger an investigation
and possible corrective action plan as described in the operation and
maintenance plan. At a minimum, the presence of visible emissions should
require further investigation such as a reference method 9 test, unless
the Title V permit provides otherwise.

\(2\) For sources electing to use a continuous opacity monitoring system
(COMS) required in 63.9631(c), measure and record the opacity of
emissions from each control device stack during the particulate matter
performance test.

> \(2\) Compute and record the 6-minute opacity averages from 24 or more
> data points equally spaced over each 6-minute period (e.g., at
> 15-second intervals) during the test runs.
>
> \(3\) Using the opacity measurements from a performance test that
> meets the emission limit, determine the opacity value corresponding to
> the 99 percent upper confidence level of a normal distribution of the
> 6-minute opacity averages.
>
> \(4\) In your semiannual compliance report required by 63.9641(b),
> report as a deviation any 6-minute period during which the average
> opacity, as measured by Reference Method 9, exceeds the opacity value
> corresponding to the . Reference Method 9 procedures should be
> initiated if visual observations or the the COMs shows exceedances of
> the opacity limits for 48 hours or more.

\(c\) You may change the operating limits for a wet scrubber, or dry
electrostatic precipitator if you meet the requirements in paragraphs
(c)(1) through (3) of this section.

> \(1\) Submit a written notification to the Administrator or delegated
> authority of your request to revise the operating limit.
>
> \(2\) Conduct a performance test, as necessary to demonstrate
> compliance with the applicable emission limitation in Table 1 of this
> subpart.
>
> \(3\) Establish revised operating limits according to the applicable
> procedures in paragraphs (a) and (b) of this section.

**[63.9623 How do I demonstrate initial compliance with the emission
limitations that apply to me]{.underline}?**

\(a\) For each affected source subject to an emission limit in Table 1
of this subpart, you must demonstrate initial compliance by meeting the
requirements in paragraphs (a)(1) through (6) of this section.

> \(1\) For ore crushing and handling, the flow‑weighted mean
> concentration of particulate matter, determined according to the
> procedures in 63.9620(a) and 63.9621(b), must not exceed the
> emission limits in Table 1 of this subpart.
>
> \(2\) For indurating furnaces, the flow‑weighted mean concentration of
> particulate matter, determined according to the procedures in
> 63.9620(b) and 63.9621(c), must not exceed the emission limits in
> Table 1 of this subpart.
>
> \(3\) For finished pellet handling, the flow‑weighted mean
> concentration of particulate matter, determined according to the
> procedures in 63.9620(c) and 63.9621(b), must not exceed the
> emission limits in Table 1 of this subpart.
>
> \(4\) For ore dryers, the flow‑weighted mean concentration of
> particulate matter, determined according to the procedures in
> 63.9620(d) and 63.9621(c), must not exceed the emission limits in
> Table 1 of this subpart.
>
> \(b\) For each emission limitation that applies to you, you must
> submit a notification of compliance status according to 63.9640(e).

**[63.9624 How do I demonstrate initial compliance with the work
practice standards that apply to me?]{.underline}**

\(a\) You must demonstrate initial compliance with the fugitive dust
requirement work practice standard by demonstrating compliance with
63.9591. Demonstrate compliance with the fugitive dust requirements (b)
You must demonstrate initial compliance with other applicable work
practice standards that may be adopted, at the choice of the affected
source, to substitute for any otherwise unachievable or infeasible
emission limitation. Such work practice provisions must be approved by
the delegated authority or the Administrator.

**[63.9625 How do I demonstrate initial compliance with the operation
and maintenance requirements that apply to me]{.underline}?**

You must demonstrate initial compliance by certifying in your
notification of compliance status that you have met the requirements in
paragraphs (a) through (c) of this section.

\(a\) You have prepared the operation and maintenance plan according to
the requirements in 63.9600(b).

\(b\) You operate each control device according to the procedures in the
operation and maintenance plan.

\(c\) You submit a notification of compliance status according to the
requirements in 63.9640(e).

**Continuous Compliance Requirements**

**[63.9630 When must I conduct subsequent performance
tests]{.underline}?**

\(a\) You must conduct subsequent performance tests to demonstrate
continued compliance with the ore crushing and handling emission limit
in Table 1 of this subpart according to the schedule developed by your
permitting authority and shown in your title V permit. If a title V
permit has not been issued, you must submit a testing plan and schedule,
containing the information specified in paragraph (e) of this section,
to the permitting authority for approval.

\(b\) You must conduct subsequent performance tests on all stacks from
indurating furnaces to demonstrate continued compliance with the
indurating furnace limits in Table 1 of this subpart according to the
schedule developed by your permitting authority and shown in your title
V permit. Performance testing should be conducted if there have been
changes to the operation which could effect emissions. If a title V
permit has not been issued, you must submit a testing plan and schedule,
containing the information specified in paragraph (e) of this section,
to the permitting authority for approval.

\(c\) You must conduct subsequent performance tests to demonstrate
compliance with the finished pellet handling emission limit in Table 1
of this subpart according to the schedule developed by your permitting
authority and shown in your title V permit. If a title V permit has not
been issued, you must submit a testing plan and schedule, containing the
information specified in paragraph (e) of this section, to the
permitting authority for approval.

\(d\) You must conduct subsequent performance tests on all stacks from
ore dryers to demonstrate continued compliance with the ore dryer limits
in Table 1 of this subpart according to the schedule developed by your
permitting authority and shown in your title V permit. If a title V
permit has not been issued, you must submit a testing plan and schedule,
containing the information specified in paragraph (e) of this section,
to the permitting authority for approval. For ore dryers with multiple
stacks, all stacks for the ore dryer must be tested simultaneously.

\(e\) If your plant does not have a title V permit, you must submit a
testing plan for subsequent performance tests as required in paragraphs
(a) through (d) of this section. This testing plan must be submitted to
the Administrator or delegated authority on or before the compliance
date that is specified in 63.9583. The testing plan must contain the
information specified in paragraphs (e)(1) and (2) of this section. You
must maintain a current copy of the testing plan onsite and available
for inspection upon request. You must keep the plan for the life of the
affected source or until the affected source is no longer subject to the
requirements of this subpart.

> \(1\) A list of all emission units.
>
> \(2\) A schedule indicating when you will conduct subsequent
> performance tests for particulate matter for each of the emission
> units.

\(f\) A performance test must be conducted, consistent with the
requirements of 40 C.F.R. Part 60, if modifications to the process or
process equipment occur which are sufficient enough to significantly
alter emissions from the process.

**[63.9631 What are my monitoring requirements]{.underline}?**

\(a\) For each baghouse subject to the operating limit in 63.9590(b)(1)
for the bag leak detection system alarm, you must monitor the relative
change in particulate matter loadings using a bag leak detection system
according to the requirements in 63.9632(a) and conduct inspections at
their specified frequencies according to the requirements in paragraphs
(a)(1) through (8) of this section.

> \(1\) Monitor the pressure drop across each baghouse cell at
> appropriate intervals to ensure pressure drop is within the normal
> operating range identified in the manual.
>
> \(2\) Confirm that dust is being removed from hoppers through visual
> inspections or other means of ensuring the proper functioning of
> removal mechanisms.
>
> \(3\) Check the compressed air supply for pulse-jet baghouses as
> necessary for proper operation.
>
> \(4\) Monitor cleaning cycles to ensure proper operation using an
> appropriate methodology.
>
> \(5\) Check bag cleaning mechanisms for proper functioning through
> visual inspection or equivalent means, as necessary.
>
> \(6\) As necessary, conduct visual checks of bag tension on reverse
> air and shaker-type baghouses to ensure that bags are not kinked
> (kneed or bent) or laying on their sides. You do not have to make this
> check for shaker-type baghouses using self-tensioning (spring-loaded)
> devices.
>
> \(7\) Confirm the physical integrity of the baghouse through regular
> visual inspections of the baghouse interior for air leaks.
>
> \(8\) Inspect fans for wear, material buildup, and corrosion through
> regular visual inspections, vibration detectors, or equivalent means.

\(b\) For each wet scrubber you must monitor the average pressure drop
and, water flow rate using a CPMS, or other parameter as necessary to
assure compliance.

\(c\) For each dry electrostatic precipitator subject to the opacity
operating limit in 63.9590(b)(3), and electing to demonstrate the
status of the operation through the use of a COM, you monitor the
6-minute average opacity of emissions exiting each control device stack
using a COMS according to the requirements in 63.9632(d).

\(d\) An owner or operator who uses an air pollution control device
other than a baghouse, scrubber, or dry electrostatic precipitator must
submit a site specific monitoring plan that includes the information in
paragraphs (d)(1) through (4) of this section. The monitoring plan is
subject to approval by the Administrator or delegated authority. You
must maintain a current copy of the monitoring plan onsite and available
for inspection upon request. You must keep the plan so long as the
affected source is subject to that plan or until the affected source is
no longer subject to the requirements of this subpart.

> \(1\) A description of the device;
>
> \(2\) Test results collected in accordance with 63.9621 verifying the
> performance of the device for reducing emissions of particulate matter
> to the atmosphere to the levels required by this subpart;
>
> \(3\) A copy of the operation and maintenance plan required in
> 63.9600(b); and
>
> \(4\) Appropriate operating parameters that will be monitored to
> maintain continuous compliance with the applicable emission
> limitation(s).

**[63.9632 What are the installation, operation, and maintenance
requirements for my monitoring equipment]{.underline}?**

\(a\) For each baghouse subject to the operating limit in 63.9590(b)(1)
for the bag leak detection system alarm, you must install, operate, and
maintain each bag leak detection system according to the requirements in
paragraphs (a)(1) through (7) of this section.

> \(1\) The system must be certified by the manufacturer to be capable
> of detecting emissions of particulate matter at concentrations of 10
> milligrams per actual cubic meter (0.0044 grains per actual cubic
> foot) or less.
>
> \(2\) The system must provide output of relative changes in
> particulate matter loadings.
>
> \(3\) The system must be equipped with an alarm that will sound when
> an increase in relative particulate loadings is detected over a preset
> level. The alarm must be located such that it can be heard by the
> appropriate plant personnel.
>
> \(4\) Each system that works based on the triboelectric effect must be
> installed, operated, and maintained in a manner consistent with the
> guidance document, 'Fabric Filter Bag Leak Detection Guidance,'
> EPA-454/R-98-015, September 1997. You may install, operate, and
> maintain other types of bag leak detection systems in a manner
> consistent with the manufacturer's written specifications and
> recommendations.
>
> \(5\) To make the initial adjustment of the system, establish the
> baseline output by adjusting the sensitivity (range) and the averaging
> period of the device. Then, establish the alarm set points and the
> alarm delay time.
>
> \(6\) Following the initial adjustment, do not adjust the sensitivity
> or range, averaging period, alarm set points, or alarm delay time,
> except as detailed in your operation and maintenance plan. Do not
> increase the sensitivity by more than 100 percent or decrease the
> sensitivity by more than 50 percent over a 365-day period unless a
> responsible official certifies, in writing, that the baghouse has been
> inspected and found to be in good operating condition.
>
> \(7\) Where multiple detectors are required, the system's
> instrumentation and alarm may be shared among detectors.

\(b\) For each wet scrubber subject to the operating limits in
63.9590(b)(2) for pressure drop and scrubber water flow rate, you must
install, operate, and maintain each CPMS according to the requirements
in paragraphs (b)(1) and (2) of this section.

> \(1\) For the pressure drop CPMS, you must follow the procedures in
> paragraphs (b)(1)(i) through (vi) of this section.
>
> \(i\) Locate the pressure sensor(s) in or as close to a position that
> provides a representative measurement of the pressure and that
> minimizes or eliminates pulsating pressure, vibration, and internal
> and external corrosion.
>
> \(ii\) Use a gauge with a minimum measurement sensitivity of 0.5 inch
> of water or a transducer with a minimum measurement sensitivity of 5
> percent of the pressure range.
>
> \(iii\) Check the pressure tap for pluggage as necessary.
>
> \(iv\) Using a manometer, check gauge calibration and transducer
> calibration as necessary.
>
> \(v\) Conduct calibration checks any time the sensor exceeds the
> manufacturer's specified maximum operating pressure range, or install
> a new pressure sensor.
>
> \(vi\) Inspect components for integrity, electrical connections for
> continuity, and mechanical connections for leakage consistent with a
> preventative maintenance plan.
>
> \(2\) For the scrubber water flow rate CPMS, you must follow the
> procedures in paragraphs (b)(2)(i) through (iv) of this section.
>
> \(i\) Locate the flow sensor and other necessary equipment in a
> position that provides a representative flow and that reduces swirling
> flow or abnormal velocity distributions due to upstream and downstream
> disturbances.
>
> \(ii\) Use a flow sensor with a minimum measurement sensitivity of 5
> percent of the flow rate.
>
> \(iii\) Conduct a flow sensor calibration check at least semiannually
> according to the manufacturer's instructions.
>
> \(iv\) Inspect components for integrity, electrical connections for
> continuity, and mechanical connections for leakage consistent with a
> preventative maintenance plan.

\(c\) You must install, operate, and maintain each CPMS for a wet
scrubber according to the requirements in paragraphs (c)(1) through (3)
of this section.

> \(1\) Each CPMS must complete a minimum of one cycle of operation for
> each successive 5-minute period.
>
> \(2\) Each CPMS must have valid data for at least 95 percent of every
> averaging period.
>
> \(3\) Each CPMS must determine and record the average of all recorded
> readings.

\(d\) For each dry electrostatic precipitator subject to the opacity
operating limit in 63.9590(b)(3), you must install, operate, and
maintain each COMS according to the requirements in paragraphs (d)(1)
through (4) of this section.

> \(1\) You must install each COMS and conduct a performance evaluation
> of each COMS according to 63.8 and Performance Specification 1 in
> appendix B to 40 CFR part 60.
>
> \(2\) You must develop and implement a quality control program for
> operating and maintaining each COMS according to 63.8. At a minimum,
> the quality control program must include a daily calibration drift
> assessment, quarterly performance audit, and annual zero alignment of
> each COMS.
>
> \(3\) You must operate and maintain each COMS according to 63.8(e)
> and your quality control program. Identify periods the COMS is out of
> control, including any periods that the COMS fails to pass a daily
> calibration drift assessment, quarterly performance audit, or annual
> zero alignment audit.
>
> \(4\) You must determine and record the 6-minute average opacity
> collected for periods during which the COMS is not out of control.

**[63.9633 How do I monitor and collect data to demonstrate continuous
compliance]{.underline}?**

\(a\) Except for monitoring malfunctions, associated repairs, and
required quality assurance or control activities (including as
applicable, calibration checks and required zero and span adjustments),
you must monitor continuously (or collect data at all required
intervals) at all times an affected source is operating.

\(b\) You may not use data recorded during monitoring malfunctions,
associated repairs, and required quality assurance or control activities
in data averages and calculations used to report emission or operating
levels, or to fulfill a minimum data availability requirement. You must
use all the data collected during all other periods in assessing
compliance.

\(c\) A monitoring malfunction is any sudden, infrequent, not reasonably
preventable failure of the monitoring to provide valid data. Monitoring
failures that are caused in part by poor maintenance or careless
operation are not considered malfunctions.

**[63.9634 How do I demonstrate continuous compliance with the emission
limitations that apply to me]{.underline}?**

\(a\) For each affected source subject to an emission limit in Table 1
of this subpart, you must demonstrate continuous compliance by meeting
the requirements in paragraphs (b) through (f) of this section.

\(b\) For ore crushing and handling and for finished pellet handling,
you must demonstrate continuous compliance by meeting the parameters set
forth in the operation and maintenance plan developed for the operation.

\(c\) For ore dryers and indurating furnaces, you must demonstrate
continuous compliance by meeting the parameters set forth in the
operation and maintenance plan developed for the operation.

> \(d\) For each baghouse subject to the operating limit for the bag
> leak detection system alarm in 63.9590(b)(1), you must demonstrate
> continuous compliance by meeting the parameters set forth in the
> operation and maintenance plan developed for the operation.
>
> \(e\) For each wet scrubber subject to the operating limits for
> pressure drop and scrubber water flow rate in 63.9590(b)(2), you must
> demonstrate continuous compliance by meeting the parameters set forth
> in the operation and maintenance plan developed for the operation.
>
> \(f\) For each dry electrostatic precipitator subject to the
> site-specific opacity operating limit in 63.9590(b)(3), you must
> demonstrate continuous compliance by meeting the parameters set forth
> in the operation and maintenance plan developed for the operation.

**[63.9635 How do I demonstrate continuous compliance with the work
practice standards that apply to me?]{.underline}**

\(a\) You must demonstrate continuous compliance with the work practice
standard requirements in 63.9591 by operating in accordance with any
applicable fugitive dust emissions control plan at all times.

\(b\) You must maintain a current copy of the fugitive dust emissions
control plan required in 63.9591 onsite and available for inspection
upon request. You must keep the plan as long as it is applicable to the
affected source.

**[63.9636 How do I demonstrate continuous compliance with the operation
and maintenance requirements that apply to me]{.underline}?**

(a

> (1

**[63.9637 What other requirements must I meet to demonstrate continuous
compliance]{.underline}?**

\(a\) Deviations. You must report each instance in which you did not
meet each emission limitation in Table 1 of this subpart that applies to
you.

> \(i\) This includes periods of startup, shutdown, and malfunction for
> which the startup, shutdown, and malfunction plan did not foresee or
> address the incident or for which the startup, shutdown, and
> malfunction plan was not followed.
>
> \(ii\) You also must report deviations from applicable work practice
> plans and deviations from applicable operation and maintenance plans.
> (b) Startups, shutdowns, and malfunctions. During periods of startup,
> shutdown, and malfunction, you must operate in accordance with your
> startup, shutdown, and malfunction plan.
>
> \(1\) Consistent with 63.6(e) and 63.7(e)(1), deviations that occur
> during a period of startup, shutdown, or malfunction are not
> violations if you ' operate in accordance with the applicable startup,
> shutdown, and malfunction plan.

**Notifications, Reports, and Records**

**[63.9640 What notifications must I submit and when]{.underline}?**

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

\(b\) As specified in 63.9(b)(2), if you start up your affected source
before \[DATE OF PUBLICATION OF THE FINAL RULE IN THE [FEDERAL
REGISTER]{.underline}\], you must submit your initial notification no
later than \[DATE 120 CALENDAR DAYS AFTER THE DATE OF PUBLICATION OF THE
FINAL RULE IN THE [FEDERAL]{.underline} [REGISTER]{.underline}\].

\(c\) As specified in 63.9(b)(3), if you start up your new affected
source on or after \[DATE OF PUBLICATION OF THE FINAL RULE IN THE
[FEDERAL REGISTER]{.underline}\], you must submit your initial
notification no 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 intent to conduct a performance test at least 60
calendar days before the performance test is scheduled to begin as
required in 63.7(b)(1).

\(e\) If you are required to conduct a performance test or other initial
compliance demonstration, you must submit a notification of compliance
status according to 63.9(h)(2)(ii). The initial notification of
compliance status must be submitted by the dates specified in paragraphs
(e)(1) and (2) of this section.

> \(1\) For each initial compliance demonstration that does not include
> a performance test, you must submit the notification of compliance
> status before the close of business on the 30th calendar day following
> completion of the initial compliance demonstration.
>
> \(2\) For each initial compliance demonstration that does include a
> performance test, 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 63.10(d)(2).

**[63.9641 What reports must I submit and when]{.underline}?**

\(a\) [Compliance report due dates]{.underline}. You must submit a
semiannual compliance report to your permitting authority according to
the reporting requirements contained in your Title V permit. (1) The
first compliance report must cover the period beginning on the
compliance date that is specified for your affected source in 63.9583
and ending on June 30 or December 31, whichever date comes first after
the compliance date that is specified for your source in 63.9583.

> \(2\) 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.
>
> \(5\) For each affected source that is subject to permitting
> regulations pursuant to 40 CFR part 70 or 71, and if the permitting
> authority has established dates for submitting semiannual reports
> pursuant to 40 CFR 70.6(3)(iii)(A) or 40 CFR 71.6(3)(iii)(A), you may
> submit the first and subsequent compliance reports according to the
> dates the permitting authority has established. (b) [Compliance report
> contents]{.underline}. Each compliance report must include the
> information in paragraphs (b)(1) through (3) of this section and, as
> applicable, in paragraphs (b)(4) through (8) of this section.
>
> \(1\) Company name and address.
>
> \(2\) Statement by a responsible official, with the official's name,
> title, and signature, certifying the truth, accuracy, and completeness
> of the content of the report.
>
> \(3\) 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 failed to tale actions consistent with your
> startup, shutdown, and malfunction plan, or the startup, shutdown,
> malfunction plan did not address that particular type of incident,
> then the compliance report must include the information in
> 63.10(d)(5)(i).
>
> \(5\) Using a form supplied by the delegated state agency shall be
> deemed in compliance with any reporting requirements for this Subpart.
> The date and time that each deviation started and stopped, and whether
> each deviation occurred during a period of startup, shutdown, or
> malfunction or during another period.
>
> (v

\(c\) [Immediate startup, shutdown, and malfunction report]{.underline}.
If you had a startup, shutdown, or malfunction during the semiannual
reporting period that was not consistent with your startup, shutdown,
and malfunction plan, you must submit a prompt startup, shutdown, and
malfunction report according to the requirements in the applicable
state Title V program or as set forth in 40 C.F.R. Part 70 or Part 71.

\(d\) [Part 70 monitoring report]{.underline}. If you have obtained a
title V operating permit for an affected source pursuant to 40 CFR part
70 or 71, you must report all deviations as defined in this subpart in
the semiannual monitoring report required by 40 CFR 70.6(3)(iii)(A) or
40 CFR 71.6(3)(iii)(A) or the provisions of the applicable state
program, whichever is applicable. If you submit a compliance report for
an affected source along with, or as part of, the semiannual monitoring
report required by 40 CFR 70.6(3)(iii)(A) or 40 CFR 71.6(3)(iii)(A), and
the compliance report includes all the required information concerning
deviations from any emission limitation or operation and maintenance
requirement in this subpart, submission of the compliance report
satisfies any obligation to report the same deviations in the semiannual
monitoring report. However, submission of a compliance report does not
otherwise affect any obligation you may have to report deviations from
permit requirements for an affected source to your permitting authority.

**[63.9642 What records must I keep]{.underline}?**

\(a\) For five years, 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 63.10(b)(2)(xiv).
>
> \(2\) The records in 63.6(e)(3)(iii) through (v) related to startup,
> shutdown, and malfunction.
>
> \(3\) Records of performance tests, performance evaluations as
> required in 63.10(b)(2)(viii).

\(b\) For each COMS, for five years, you must keep the records specified
in paragraphs (b)(1) through (4) of this section.

> \(1\) Records described in 63.10(b)(2)(vi) through (xi).
>
> \(2\) Monitoring data for COMS during a performance evaluation as
> required in 63.6(h)(7)(i) and (ii).
>
> \(3\) Previous (that is, superceded) versions of the performance
> evaluation plan as required in 63.8(d)(3).
>
> \(4\) Records of the date and time that each deviation started and
> stopped, and whether the deviation occurred during a period of
> startup, shutdown, or malfunction or during another period.

\(c\) For five years, you must keep the records required in 63.9634
through 63.9636 to show continuous compliance with each emission
limitation, work practice standard, and operation and maintenance
requirement that applies to you.

**[63.9643 In what form and how long must I keep my
records]{.underline}?**

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

\(b\) 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 on site for at least 2 years after the
date of each occurrence, measurement, maintenance, corrective action,
report, or record according to 63.10(b)(1). You can keep the records
offsite for the remaining 3 years.

**Other Requirements and Information**

**[63.9650 What parts of the General Provisions apply to
me]{.underline}?**

Table 2 to this subpart shows which parts of the General Provisions in
63.1 through 63.15 apply to you.

**[63.9651 Who implements and enforces this subpart]{.underline}?**

This subpart can be implemented and enforced by us, the United States
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 has the authority to implement and enforce this
subpart. You should contact your U.S. EPA Regional Office to find out if
this subpart is delegated to your State, local, or tribal agency.

**[63.9652 What definitions apply to this subpart]{.underline}?**

Terms used in this subpart are defined in the Clean Air Act, in 63.2,
and in this section as follows.

[Affected source]{.underline} for material handling operations at
taconite iron ore processing plants means all new or existing ore
crushing and handling operation, ore dryer, , and finished pellet
handling operations at your taconite processing plant.

Affected source for indurating furnaces at taconite processing plants
means all new or existing indurating furnaces at your at your taconite
processing plant.

[Bag leak detection system]{.underline} means a system that is capable
of continuously monitoring relative particulate matter (dust) loadings
in the exhaust of a baghouse to detect bag leaks and other upset
conditions. A bag leak detection system includes, but is not limited to,
an instrument that operates on tribroelectric, light scattering, light
transmittance, or other effect to continuously monitor relative
particulate matter loadings.

[Conveyor belt transfer point]{.underline} means a point in the
conveying operation where the taconite ore or taconite pellets are
transferred to or from a conveyor belt, except where the taconite ore or
taconite pellets are being transferred to a bin or stockpile.

[Crusher]{.underline} means a machine used to crush taconite ore and
includes feeders or conveyors located immediately below the crushing
surfaces. Crushers include, but are not limited to, gyratory crushers
and cone crushers.

[Deviation]{.underline} 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, or
operation and maintenance requirement;

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

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

[Emission limitation]{.underline} means any emission limit, opacity
limit, or operating limit.

[Finished pellet handling]{.underline} means the transfer of fired
taconite pellets from the indurating furnace to the finished pellet
stockpiles at the plant. Finished pellet handling includes, but is not
limited to, furnace discharge or grate discharge, and finished pellet
screening, transfer, and storage. Neither the atmospheric pellet cooler
vent stack nor gravity conveyor gallery vents designed to remove heat
and water vapor from the structure are included as a part of the
finished pellet handling affected source.

[Grate feed]{.underline} means the transfer of unfired taconite pellets
from the pelletizer into the indurating furnace.

[Grate kiln indurating furnace]{.underline} means a furnace system that
consists of a traveling grate, a rotary kiln, and an annular cooler. The
grate kiln indurating furnace begins at the point where the grate feed
conveyor discharges the green balls onto the furnace traveling grate and
ends where the hardened pellets exit the cooler. The atmospheric pellet
cooler vent stack is not included as part of the grate kiln indurating
furnace.

[Indurating]{.underline} means the process whereby unfired taconite
pellets, called green balls, are hardened at high temperature in an
indurating furnace. Types of indurating furnaces include straight grate
indurating furnaces and grate kiln indurating furnaces.

[Ore crushing and handling]{.underline} means the process whereby dry
taconite ore is crushed and screened. Ore crushing and handling
includes, but is not limited to, all dry crushing operations (e.g.,
primary, secondary, and tertiary crushing), dry ore conveyance and
transfer points, dry ore classification and screening, dry ore storage
and stockpiling, dry milling, dry cobbing (i.e., dry magnetic
separation), and the grate feed.

Ore crushing and handling specifically excludes any operations where the
dry crushed ore is saturated with water, such as, wet milling and wet
magnetic separation.

[Ore dryer]{.underline} means a rotary dryer that repeatedly tumbles wet
taconite ore concentrate through a heated air stream to reduce the
amount of entrained moisture in the taconite ore concentrate.

[Pellet cooler vent stacks]{.underline} means atmospheric vents in the
cooler section of the grate kiln indurating furnace that exhaust cooling
air that is not returned for recuperation. Pellet cooler vent stacks are
not to be confused with the cooler discharge stack, which is in the
pellet loadout or dumping area.

[Pellet loading area]{.underline} means that portion of a taconite iron
ore processing plant where taconite pellets are loaded into trucks or
railcars.

[Responsible official]{.underline} means responsible official as defined
in 63.2.

[Screen]{.underline} means a device for separating material according to
size by passing undersize material through one or more mesh surfaces
(screens) in series and retaining oversize material on the mesh surfaces
(screens).

[Storage bin]{.underline} means a facility for storage (including surge
bins and hoppers) of taconite ore or taconite pellets prior to further
processing or loading.

[Straight grate indurating furnace]{.underline} means a furnace system
that consists of a traveling grate that carries the taconite pellets
through different furnace temperature zones. In the straight grate
indurating furnace a layer of fired pellets, called the hearth layer, is
placed on the traveling grate prior to the addition of unfired pellets.
The straight grate indurating furnace begins at the point where the
grate feed conveyor discharges the green balls onto the furnace
traveling grate and ends where the hardened pellets drop off of the
traveling grate.

[Taconite iron ore processing]{.underline} means the separation and
concentration of iron ore from taconite, a low-grade iron ore, to
produce taconite pellets.

[Taconite ore]{.underline} means a low-grade iron ore suitable for
concentration of magnetite or hematite by fine grinding and magnetic or
flotation treatment, from which pellets containing iron can be produced.

[Tailings basin]{.underline} means a natural or artificial impoundment
in which gangue or other refuse material resulting from the washing,
concentration or treatment of ground taconite iron ore is confined.

[Wet grinding and milling]{.underline} means the process where wet
taconite ore is finely ground using rod and/or ball mills.

**Tables to Subpart RRRRR** **of Part 63**

**Table 1 to Subpart RRRRR of Part 63 - Emission Limits**

As required in 63.9590(a), you must comply with each applicable
emission limit in the following table:

  ------------------------- ---------------------------------------------
  **For\...**               **You must comply with each of the
                            following\...**

  1\. Existing ore crushing The flow-weighted mean concentration of
  and handling emission     particulate matter discharged to the
  units.                    atmosphere from all ore crushing and handling
                            emission units, as determined using the
                            procedures in 63.9621(b), must not exceed
                            0.008 grains per dry standard cubic foot
                            (gr/dscf).

  2\. New ore crushing and  The flow-weighted mean concentration of
  handling emission units.  particulate matter discharged to the
                            atmosphere from all ore crushing and handling
                            emission units, as determined using the
                            procedures in 63.9621(b), must not exceed
                            0.005 gr/dscf.

  3\. Each existing         The flow-weighted mean concentration of
  straight grate indurating particulate matter discharged to the
  furnace processing        atmosphere from all stacks, as determined
  magnetite.                using the procedures in 63.9621(c), must not
                            exceed 0.010 gr/dscf.

  4\. Each new straight     The flow-weighted mean concentration of
  grate indurating furnace  particulate matter discharged to the
  processing magnetite.     atmosphere from all stacks, as determined
                            using the procedures in 63.9621(c), must not
                            exceed 0.006 gr/dscf.

  5\. Each existing grate   The flow-weighted mean concentration of
  kiln indurating furnace   particulate matter discharged to the
  processing magnetite.     atmosphere from all stacks, as determined
                            using the procedures in 63.9621(c), must not
                            exceed 0.011 gr/dscf.

  6\. Each new grate kiln   The flow-weighted mean concentration of
  indurating furnace        particulate matter discharged to the
  processing magnetite.     atmosphere from all stacks, as determined
                            using the procedures in 63.9621(c), must not
                            exceed 0.006 gr/dscf.

  7\. Each existing grate   The flow-weighted mean concentration of
  kiln indurating furnace   particulate matter discharged to the
  processing hematite.      atmosphere from all stacks, as determined
                            using the procedures in 63.9621(c), must not
                            exceed 0.025 gr/dscf.

  8\. Each new grate kiln   The flow-weighted mean concentration of
  indurating furnace        particulate matter discharged to the
  processing hematite.      atmosphere from all stacks, as determined
                            using the procedures in 63.9621(c), must not
                            exceed 0.018 gr/dscf.

  9\. Existing finished     The flow-weighted mean concentration of
  pellet handling emission  particulate matter discharged to the
  units.                    atmosphere from all finished pellet handling
                            emission units, as determined using the
                            procedures in 63.9621(b), must not exceed
                            0.008 gr/dscf.

  10\. New finished pellet  The flow-weighted mean concentration of
  handling emission units.  particulate matter discharged to the
                            atmosphere from all finished pellet handling
                            emission units, as determined using the
                            procedures in 63.9621(b), must not exceed
                            0.005 gr/dscf.

  11\. Each existing ore    The flow-weighted mean concentration of
  dryer.                    particulate matter discharged to the
                            atmosphere from all stacks, as determined
                            using the procedures in 63.9621(c), must not
                            exceed 0.052 gr/dscf.

  12\. Each new ore dryer.  The flow-weighted mean concentration of
                            particulate matter discharged to the
                            atmosphere from all stacks, as determined
                            using the procedures in 63.9621(c), must not
                            exceed 0.025 gr/dscf.
  ------------------------- ---------------------------------------------