Number range CHAPTER 6560-50-P

**ENVIRONMENTAL PROTECTION AGENCY**

**40 CFR Part 63**

**\[EPA-HQ-OAR-2006-0510; FRL-** \]

**RIN 2060-AN45**

**National Emission Standards for Hazardous Air Pollutants for Area
Sources: Polyvinyl Chloride and Copolymers Production, Primary Copper
Smelting, Secondary Copper Smelting, and Primary Nonferrous
Metals--Zinc, Cadmium, and Beryllium**

**AGENCY:** Environmental Protection Agency (EPA).

**ACTION:** Final rules.

**SUMMARY:** EPA is issuing national emission standards for hazardous
air pollutants (NESHAP) for four area source categories. These final
NESHAP include emissions limits and/or work practice standards that
reflect the generally available control technologies (GACT) and/or
management practices in each of these area source categories.

**DATES:** These final rules are effective on \[INSERT DATE OF
PUBLICATION\]. The incorporation by reference of certain publications
listed in these rules is approved by the Director of the Federal
Register as of \[INSERT DATE OF PUBLICATION\].

**ADDRESSES:** The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OAR-2006-0510. All documents in the docket are
listed in the Federal Docket Management System index at
[http://www.regulations.gov](http://www.regulations.gov/). Although
listed in the index, some information is not publicly available, e.g.,
confidential business information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through
[www.regulations.gov](http://www.regulations.gov/) or in hard copy at
the EPA Docket Center, Public Reading Room, EPA West, Room 3334, 1301
Constitution Ave., NW, Washington, DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the Air Docket is (202) 566-1742.

**FOR FURTHER INFORMATION CONTACT:** Ms. Sharon Nizich, U.S. EPA, Office
of Air Quality Planning and Standards, Sector Policies and Programs
Division, Metals and Minerals Group (D243-02), Research Triangle Park,
North Carolina 27711, telephone number: (919) 541-2825, fax number (919)
541-3207, e-mail address: [nizich.sharon@epa.gov]{.underline}.

**SUPPLEMENTARY INFORMATION:**

[Outline.]{.underline} The information presented in this preamble is
organized as follows:

I. General Information

A. Does this action apply to me?

B. Where can I get a copy of this document?

C. Judicial Review

II\. Background Information for Final Area Source Standards

III\. Summary of Final Rule and Changes Since Proposal

A. NESHAP for Polyvinyl Chloride and Copolymers Production Area Sources

B. NESHAP for Primary Copper Smelting Area Sources

C. NESHAP for Secondary Copper Smelting Area Sources

D. NESHAP for Primary Nonferrous Metals---Zinc, Cadmium, and Beryllium
Area Sources

IV\. Summary of Comments and Responses

A. Existing Area Source Facilities

B. Part 63 General Provisions

C. Primary Copper Smelters

D. Primary Zinc Smelters

E. Basis for Area Source Standards

F. Compliance Date

V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

B. Paperwork Reduction Act

C. Regulatory Flexibility Act

D. Unfunded Mandates Reform Act

E. Executive Order 13132: Federalism

F. Executive Order 13175: Consultation and Coordination with Indian
Tribal Governments

G. Executive Order 13045: Protection of Children from Environmental
Health and Safety Risks

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

I. National Technology Transfer Advancement Act

J. Congressional Review Act

**I. General Information**

A. [Does this action apply to me?]{.underline}

The regulated categories and entities potentially affected by these
final standards include:

+--------------------+--------+---------------------------------------+
| Category           | NAICS  | Examples of regulated                 |
|                    | c      |                                       |
|                    | ode^1^ | entities                              |
+--------------------+--------+---------------------------------------+
| Industry:          |        |                                       |
+--------------------+--------+---------------------------------------+
| Polyvinyl chloride | 325211 | Area source facilities that           |
| and copolymers     |        | polymerize vinyl chloride monomer to  |
| production         |        | produce vinyl chloride and/or         |
|                    |        | copolymer products.                   |
+--------------------+--------+---------------------------------------+
| Primary copper     | 331411 | Area source facilities that produce   |
| smelting           |        | copper from copper sulfide ore        |
|                    |        | concentrates using pyrometallurgical  |
|                    |        | techniques.                           |
+--------------------+--------+---------------------------------------+
| Secondary copper   | 331    | Area source facilities that process   |
| smelting           | 423^2^ | copper scrap in a blast furnace and   |
|                    |        | converter or use another              |
|                    |        | pyrometallurgical purification        |
|                    |        | process to produce anode copper from  |
|                    |        | copper scrap, including low-grade     |
|                    |        | copper scrap.                         |
+--------------------+--------+---------------------------------------+
| Primary nonferrous | 331419 | Area source facilities that produce   |
| metals -- zinc,    |        | zinc, zinc oxide, cadmium, or cadmium |
| cadmium, and       |        | oxide from zinc sulfide ore           |
| beryllium          |        | concentrates using pyrometallurgical  |
|                    |        | techniques and area source facilities |
|                    |        | that produce beryllium metal, alloy,  |
|                    |        | or oxide from beryllium ore.          |
+--------------------+--------+---------------------------------------+
| Federal government | . . .  | Not affected.                         |
|                    | .      |                                       |
+--------------------+--------+---------------------------------------+
| State/local/tribal | . . .  | Not affected.                         |
| government         | .      |                                       |
+--------------------+--------+---------------------------------------+

^1^ North American Industry Classification System.

^2^ This final rule applies only to secondary copper smelters and does
not apply to copper, brass, and bronze ingot makers or remelters that
may also be included under this NAICS code.

This table is not intended to be exhaustive, but rather provides a guide
for readers regarding entities likely to be affected by this action. To
determine whether your facility is regulated by this action, you should
examine the applicability criteria in 40 CFR 63.11140 of subpart DDDDDD
(NESHAP for Polyvinyl Chloride and Copolymers Production Area Sources),
40 CFR 63.11146 of subpart EEEEEE (NESHAP for Primary Copper Smelting
Area Sources), 40 CFR 63.11153 of subpart FFFFFF (NESHAP for Secondary
Copper Smelting Area Sources), or 40 CFR 63.11160 of subpart GGGGGG
(NESHAP for Primary Nonferrous Metals----Zinc, Cadmium, and Beryllium
Area Sources). If you have any questions regarding the applicability of
this action to a particular entity, consult either the air permit
authority for the entity or your EPA regional representative as listed
in 40 CFR 63.13 of subpart A (General Provisions).

B. [Where can I get a copy of this document?]{.underline}

In addition to being available in the docket, an electronic copy of this
final action will also be available on the Worldwide Web (WWW) through
the Technology Transfer Network (TTN). Following signature, a copy of
this final action will be posted on the TTN's policy and guidance page
for newly proposed or promulgated rules at the following address:
<http://www.epa.gov/ttn/oarpg/>. The TTN provides information and
technology exchange in various areas of air pollution control.

C. [Judicial Review]{.underline}

Under section 307(b)(1) of the Clean Air Act (CAA), judicial review of
these final rules is available only by filing a petition for review in
the U.S. Court of Appeals for the District of Columbia Circuit by
\[INSERT DATE 60 DAYS FROM DATE OF PUBLICATION\]. Under section
307(d)(7)(B) of the CAA, only an objection to these final rules 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 these final rules may not be
challenged separately in any civil or criminal proceedings brought by
EPA to enforce these requirements.

**II. Background Information for Final Area Source Standards**

Sections 112(c)(3) and 112(k)(3)(B) of the CAA instruct EPA to identify
not less than 30 HAP which, as a result of emissions from area sources,
present the greatest threat to public health in the largest number of
urban areas, and to list sufficient area source categories[^1] to ensure
that sources representing 90 percent or more of the emissions of each of
the 30 listed HAP ("area source HAP") are subject to regulation. Sierra
Club sued EPA, alleging a failure to complete standards for the source
categories listed pursuant to CAA sections 112(c)(3) and (k)(3)(B)
within the timeframe specified by the statute. See [Sierra Club v.
Johnston]{.underline}, No. 01-1537, (D.D.C.). On March 31, 2006, the
court issued an order requiring EPA to promulgate standards under CAA
section 112(d) for those area source categories listed pursuant to CAA
sections 112(c)(3) and (k)(3)(B).

Among other things, the order requires that, by December 15, 2006, EPA
complete standards for four of the listed area source categories. On
October 6, 2006 (71 FR 59302) we proposed NESHAP for the following four
listed area source categories that we have selected to meet the December
15, 2006 deadline: (1) Primary Copper Smelting; (2) Secondary Copper
Smelting; (3) Polyvinyl Chloride and Copolymers Production; and (4)
Primary Nonferrous Metals -- Zinc, Cadmium, and Beryllium. These final
NESHAP complete the required regulatory action for four area source
categories.

Under CAA section 112(d)(5), the Administrator may, in lieu of standards
requiring maximum achievable control technology (MACT) under section
112(d)(2), elect to promulgate standards or requirements for area
sources \"which provide for the use of generally available control
technologies or management practices by such sources to reduce emissions
of hazardous air pollutants.\" Under section 112(d)(5), the
Administrator has the discretion to use generally available control
technology (GACT) or management practices in lieu of MACT. As mentioned
in the proposed NESHAP for these four area source categories, we have
decided not to issue MACT standards and concluded that requirements that
provide for the use of GACT or generally available management practices
are appropriate for these four source categories (71 FR 59302, 59304,
October 6, 2006).

**III. Summary of Final Rules and Changes Since Proposal**

A. [NESHAP for Polyvinyl Chloride and Copolymers Production Area
Sources]{.underline}

As proposed, we are adopting the requirements in 40 CFR part 61, subpart
F that apply to polyvinyl chloride (PVC) plants as the NESHAP for the
Polyvinyl Chloride and Copolymer Production area source category. The
only change since the proposed rule is that this final rule does not
adopt either the startup, shutdown, and malfunction (SSM) requirements
in 40 CFR 63.6(e)(3) or the preconstruction notification requirements in
40 CFR 63.5. As discussed in more detail in section IV.B of this
preamble, under the construct of part 61 standards, sources must comply
with the standards at all times, including periods of SSM. Because in
this final rule we are adopting the part 61 standards for PVC plants as
the area source standard, separate requirements governing SSM are not
necessary. We have also determined that the preconstruction notification
requirements at 40 CFR 63.5 are not necessary because a comparable
preconstruction notification is already required under the part 61
General Provisions (40 CFR part 61, subpart A), which apply to this
NESHAP.

1\. Applicability and Compliance Dates

This final rule applies to both new and existing PVC and copolymer
plants that are area sources of HAP. The owner or operator of an
existing source must comply with all the requirements of this area
source NESHAP by \[INSERT Date of publication\]. The owner or operator
of a new source must comply with this area source NESHAP by \[INSERT
date of publication\] or at startup, whichever is later.

2\. Emissions Limits and Work Practice Standards

The Polyvinyl Chloride and Copolymers Production area source category
was listed for its contribution to the emissions of the area source HAP
vinyl chloride. As proposed, we are adopting the requirements in 40 CFR
part 61, subpart F that are applicable to PVC plants as the NESHAP for
the Polyvinyl Chloride and Copolymer Production area source category.
These requirements in subpart F include numerical emissions limits for
reactors; strippers; mixing, weighing, and holding containers; monomer
recovery systems; emissions sources following the stripper(s); and
reactors used as strippers. In addition, they include emissions limits
and work practice requirements that apply to discharges from manual vent
valves on a PVC reactor and relief valves in vinyl chloride service,
fugitive emissions sources, and equipment leaks. Subpart F also requires
a new or existing source to comply with the requirements at 40 CFR part
61, subpart V for the control of equipment leaks. As discussed in the
proposal preamble, we have determined that these requirements represent
GACT for sources in this area source category.

3\. Compliance Requirements

We are including in this NESHAP the monitoring, testing, recordkeeping,
and reporting requirements in 40 CFR part 61, subpart F. This final
NESHAP requires a vinyl chloride continuous emissions monitoring system
(CEMS) for the regulated emissions sources (except for sources following
the stripper) and for any control system to which reactor emissions or
fugitive emissions must be ducted. Plants using a stripper to comply
with this NESHAP must also determine the daily average vinyl chloride
concentration for each type of resin. The owner or operator must submit
quarterly reports containing information on emissions or resin
concentrations that exceed the applicable limits. Records are required
to demonstrate compliance, including a daily operating log for each
reactor. Plants are required to comply with the testing, monitoring,
recordkeeping, and reporting requirements in the part 61 General
Provisions (40 CFR part 61, subpart A). For the reasons discussed in
sections III.A and IV.B of this preamble, this final NESHAP does not
require that the owner or operator comply with the SSM requirements at
40 CFR 63.6(e)(3) and the preconstruction notification requirements at
40 CFR 63.5.

4\. Exemption from Title V Permit Requirements

Section 502(a) of the CAA provides that EPA may exempt one or more area
sources from the requirements of title V if EPA finds that compliance
with such requirements is "impracticable, infeasible, or unnecessarily
burdensome" on such area sources. EPA must determine whether to exempt
an area source from title V at the time we issue the relevant section
112 standard (40 CFR 70.3(b)(2)). For the reasons discussed in the
preamble to the proposed rule, we are exempting PVC and copolymers
production area sources from the requirements of title V. PVC and
copolymers production area sources are not required to obtain title V
permits solely as a function of being the subject of the NESHAP;
however, if they were otherwise required to obtain title V permits, such
requirement(s) would not be affected by this exemption. We received no
comments on our proposal to exempt PVC and copolymer production area
sources from the requirements of title V.

B. [NESHAP for Primary Copper Smelting Area Sources]{.underline}

The Primary Copper Smelting area source category was listed for its
contribution to the emissions of the area source HAP arsenic, cadmium,
chromium, lead, and nickel. As discussed in more detail in section IV.C
of this preamble, the major change since the proposed rule is that we
established a subcategory of primary copper smelters that use the batch
converting technology and developed separate standards for this
subcategory. At the time of the proposed rule, we were not aware of any
area sources using the batch converting technology. Since then, we
received comments indicating that there may or will be primary copper
smelting area sources that use the batch converting technology. Because
batch technology is quite different from the continuous converting
technology we used to develop the proposed standards for the Primary
Copper Smelting area source category in terms of process operation,
emissions points, and achievable levels of control, we believe that the
proposed standards do not represent GACT for existing primary copper
smelting area sources that use the batch converting technology.
Accordingly, we developed a separate standard for existing sources that
use the batch converting technology, and we developed that standard
based on the title V permit of one batch converting facility that we
have determined to be effectively controlling its HAP emissions by
complying with its permit terms and conditions.

In response to comments, we also made several changes to the proposed
rule for primary copper smelters that do not use the batch converting
technology. As explained in the preamble to the proposed rule, we have
determined that certain terms and conditions in the title V permit of
the only area source primary smelter of which we are aware provide
effective control of HAP emissions and represent GACT for these sources.
We made changes in the proposed rule to more accurately capture the
relevant terms and conditions in this existing area source's title V
permit. Specifically, we clarified that capture and control systems are
not required for anode casting and holding operations; that the sampler
required for existing sources is a continuous PM sampler; that the
emissions limit is expressed as PM less than 10 microns in aerodynamic
diameter (PM~10~) rather than PM; and that a single gas collection
system could serve multiple process vessels.

As discussed in section IV.B of this preamble, we allow new and existing
sources to comply with either the SSM requirements in 40 CFR 63.6(e)(3)
or the detailed SSM requirements in the final rule that were developed
from the existing sources' title V permits, which are substantially
equivalent to the SSM requirements in 40 CFR part 63.

1\. Applicability and Compliance Dates

This final rule applies to each new or existing primary copper smelter
that is an area source of HAP. The owner or operator of an existing
affected source must comply by \[INSERT date of publication\]. The owner
or operator of a new affected source must comply by \[INSERT date of
publication\] or upon initial startup, whichever is later.

2\. Emissions Limits and Work Practice Standards

As previously mentioned, we have developed separate standards for
existing sources that use the batch converting technology and for those
that do not. However, the

standards for new sources apply to all new area source primary copper
smelters irrespective of the converting technology utilized.

Under this final rule, the owner or operator of an existing area source
using any converting technology is required to control HAP emissions
from copper concentrate drying, copper concentrate smelting, copper
matte drying and grinding, copper matte converting, and copper anode
refining. As discussed in the proposal preamble, we are using PM as a
surrogate for HAP metals. Gases and fumes generated by these processes
must be captured and vented through one or more PM control devices. For
existing primary copper smelters that do not use the batch converting
process, the total emissions of PM~10~ from the captured gas streams
from all of these processes is limited to 89.5 pounds per hour (lb/hr)
as determined on a 24‑hour average basis.

For existing primary copper smelters using the batch converting
technology, the exhaust gases from each smelter vessel and each
converter must be collected and sent to a PM control device and to a
sulfuric acid plant. A secondary gas collection system must be installed
on each smelting vessel and converter, and PM emissions from the
secondary capture and control system must not exceed 0.02 grains per dry
standard cubic foot (gr/dscf). The PM emissions from each copper
concentrate dryer must not exceed 0.022 gr/dscf.

Similarly, the owner or operator of a new area source using any
converting technology must control HAP emissions from all primary copper
smelting processes, including but not limited to those processes
mentioned above that are applicable to the new source's smelter design.
Gases and fumes generated by these processes at a new source must be
captured and vented through one or more PM control devices. We are
requiring a new source to achieve a facility input-based emissions rate
for total PM no greater than a daily (24-hour) average of 0.6 pounds per
ton (lb/ton) of copper concentrate feed charged to the smelting vessel.

This final rule for new area source primary copper smelters also
requires a secondary gas system for each smelting vessel and converting
vessel that collects the gases and fumes released during the molten
material transfer operations and conveys the collected gas stream to a
control device. Capture systems that collect gas and fumes and convey
them to a control device also are required for operations in the anode
refining. These capture and control requirements apply to all new and
existing area sources using any copper smelting technology.

3\. Compliance Requirements

In this final rule, we have adopted the testing, monitoring, operation
and maintenance, recordkeeping, and reporting requirements for PM
emissions that are in the title V permits of the existing area source
smelters. Compliance with the emissions limit for existing area sources
not using the batch converting technology is based on the daily average
PM~10~ emissions measured by a continuous PM sampler. For smelters using
the batch conversion technology, compliance is based on performance
tests at least every 2.5 years and continuous monitoring using
continuous opacity monitoring systems (COMS) for electrostatic
precipitators and bag leak detection systems for baghouses.

The operation and maintenance requirements in this final rule for
existing sources using any converting technology are based on the one
existing source's title V permits. At all times, the owner or operator
must to the extent practicable, maintain and operate any affected
source, including associated air pollution control equipment, in a
manner consistent with good air pollution control practice for
minimizing emissions. In addition, all pollution control equipment must
be installed, maintained, and operated properly. Instructions from the
vendor or established maintenance practices that maximize pollution
control must be followed. Maintenance records must be made available to
the permitting authority upon request.

This final rule allows any new or existing source to meet the SSM
requirements specified in this rule or the SSM requirements in 40 CFR
63.6(e)(3). The SSM requirements that are specified in this final rule
were developed from the one existing source's title V permit
requirements, and we believe these requirements are equally applicable
to new and existing area sources irrespective of the converting
technology used. Sources may nevertheless choose to comply with the SSM
provisions in 40 CFR 63.6(e)(3), in lieu of the SSM requirements
specified in this final rule. The SSM provisions in this final rule
require that all malfunctions be reported within two working days of the
event. The report must include a description of the malfunction, steps
taken to mitigate emissions, and corrective actions taken. In addition,
the owner or operator must show through signed contemporaneous logs or
other relevant evidence that: (1) a malfunction occurred and the
probable cause can be identified, (2) the facility was being operated
properly at the time the malfunction occurred, and (3) all reasonable
steps were taken to minimize emissions that exceeded the emission
standards. A malfunction or emergency does not include events caused by
improperly designed equipment, lack of preventative maintenance,
careless or improper operation, or operator error.

The owner or operator of an existing area source using any copper
smelting technology must comply with notification requirements in 40 CFR
63.9 of the General Provisions (40 CFR part 63, subpart A). In the
notification of compliance status required in 40 CFR 63.9(h), the owner
or operator may certify initial compliance with the emissions limit
based on monitoring data collected during a previous compliance test.
The owner or operator also must certify initial compliance with the work
practice standards.

The owner or operator of a new primary copper smelter must install,
operate, and maintain a CEMS to measure and record PM concentrations and
gas stream flow rates for each emissions source subject to the emissions
limit. The standard requires that the PM CEMS meet EPA Performance
Specification 11 (40 CFR part 60, appendix B). A device to measure and
record the weight of the copper concentrate feed charged to the smelting
furnace each day also is required. The owner or operator must
continuously monitor PM emissions, determine and record the daily
(24-hour) value for each day, and calculate and record the daily average
pounds of total PM per ton of copper concentrate feed charged to the
smelting furnace. A monthly summary report of the daily averages of PM
per ton of copper concentrate feed charged to the smelting vessel also
is required. All notification, monitoring, testing, operation and
maintenance, recordkeeping, and reporting requirements of the part 63
General Provisions apply to the owner or operator of a new source. This
final rule allows a new source to meet the specific SSM requirements
that were developed from the title V permit requirements for existing
sources or the SSM requirements in 40 CFR 63.6(e)(3).

C. [NESHAP for Secondary Copper Smelting Area Sources]{.underline}

We did not receive any comments on our determination of GACT for
secondary copper smelters, and we are promulgating the standard as
proposed without any changes.

1\. Applicability and Compliance Dates

This final rule applies to each new secondary copper smelter that is an
area source of HAP. The owner or operator of a new affected source is
required to comply by \[INSERT date of publication\] or upon initial
startup, whichever is later.

2\. Emissions Limit and Work Practice Standards

This final rule does not include requirements for existing area sources
of secondary copper smelters. As we explained in the preamble to the
proposed rule, currently there are no existing major or area sources of
secondary copper smelters. Therefore, there is not any, nor would there
ever be, an existing secondary copper smelter that would be subject to
this rule. In this circumstance, we are not issuing standards for
existing area sources of secondary copper smelters. However, this final
rule contains requirements for new area sources of secondary copper
smelters. The Secondary Copper Smelting area source category was listed
for its contribution to the emissions of the area source HAP cadmium,
lead and dioxin. We have established requirements for new sources in
this category to ensure that any potential emission of these area source
HAP from future secondary copper smelting area sources will be
appropriately controlled.

We are requiring that the owner or operator of any new secondary copper
smelter operate a capture and control system for PM emissions from any
process operation that melts copper scrap, alloys, or other metals or
that processes molten material. Emissions of PM from the control device
must not exceed 0.002 gr/dscf. The owner or operator must also prepare
and follow a written plan for the selection, inspection, and
pretreatment of copper scrap to minimize, to the extent practicable, the
amount of oil and plastics in the scrap that is charged to smelting or
melting furnaces. As we explained in the proposal preamble, we are using
PM as a surrogate for establishing standards for metal HAP, which are
cadmium and lead in this case. The United Nations Environmental
Programme (UNEP) has also recommended using control devices with high
efficiency PM removal to reduce dioxin emissions. The pollution
prevention measure described above (i.e., presorting and pretreating
materials) is another UNEP recommendation for reducing dioxin emissions.
We have determined that these requirements represent GACT for new
sources of secondary copper smelters and requested comments on this
determination in the proposed rule. We did not receive any comments on
this determination.

3\. Compliance Requirements

Fabric filters (baghouses) are expected to be needed to meet the NESHAP
emissions limit. Consequently, the monitoring requirements include bag
leak detection systems when baghouses are used. The owner or operator
must prepare a written plan for the selection, inspection, and
pretreatment of copper scrap and keep records to document conformance
with the requirements in the written plan. If a control device other
than a baghouse is used, the owner or operator must submit a monitoring
plan to the permitting authority for approval. The monitoring plan must
include performance test results showing compliance with the PM
emissions limit, a plan for operation and maintenance of the control
device, a list of operating parameters that will be monitored, and
operating parameter limits that were established during the performance
test.

The owner or operator must conduct a performance test to demonstrate
initial compliance with the PM emissions limit and report the results in
the notification of compliance status required by 40 CFR 63.9(h) of the
General Provisions. If a baghouse is used, the PM concentration is to be
determined using EPA Method 5 (for negative pressure baghouses) or
Method 5D (for positive pressure baghouses) in 40 CFR part 60, appendix
A. Repeat performance tests are required every 5 years to demonstrate
compliance with the PM emissions limit. All requirements of the part 63
General Provisions apply to the owner or operator of a new source,
including the notification, monitoring, testing, operation and
maintenance, SSM, recordkeeping, and reporting requirements.

D. [NESHAP for Primary Nonferrous Metals -- Zinc, Cadmium, and Beryllium
Area Sources]{.underline}

1\. NESHAP for Primary Zinc Production

In this final rule, we have adopted a limit in grains per dry standard
cubic foot (gr/dscf) for certain melting furnaces at existing zinc
production area sources in addition to the proposed pound per hour
(lb/hr) limits for these furnaces at existing sources. This gr/dscf
limit is the limit that we proposed for the same furnaces at new
sources. Both the gr/dscf limit and the lb/hr limits reflect the level
of emission control that can be achieved based on the technology we
identified as GACT for these furnaces (i.e., a well-operated and
well-maintained baghouse). However, whereas the lb/hr limits were based
on the specific operations at the two existing sources of which we are
aware, the gr/dscf emission limit is not operation specific and can
apply to these furnaces at any primary copper smelting area source
irrespective of its operation. For this reason, we proposed this gr/dscf
emissions limit for these furnaces at new sources. In this final rule,
we similarly allow an existing source to meet this gr/dscf limit for
these furnaces. This final rule provides existing sources the option of
meeting either the lb/hr limits or the gr/dscf limit for these furnaces.
We believe that including both the lb/hr and gr/dscf limits in this
final rule will ensure effective control of these furnaces at all
existing primary copper smelting area sources in the event that there
are facilities other than the two we know and with very different
operations from the two known sources.

In addition, as discussed in section IV.B of this preamble, we allow new
and existing sources to comply with either the SSM requirements in 40
CFR 63.6(e)(3) or with the detailed SSM requirements in the final rule
that were developed from the existing sources' title V permits, which
are substantially equivalent to the SSM requirements in part 63.

[Applicability and compliance dates]{.underline}. This final rule
applies to each new or existing primary zinc production facility that is
an area source of HAP. The owner or operator of an existing affected
source must comply by \[INSERT date of publication\]. The owner or
operator of a new affected source must comply by \[INSERT date of
publication\] or upon initial startup, whichever is later.

[Emissions limits and work practice standards]{.underline}. Primary zinc
production facilities were included as part of the Primary Nonferrous
Metals area source category due to their contributions to the emissions
of the area source HAP arsenic, cadmium, lead, manganese, manganese, and
nickel, all of which are metal HAP. As we mentioned in the proposal
preamble, cadmium is produced as a by-product of zinc smelting
processes. There are no primary cadmium smelters in the United States.
Accordingly, the requirements for area sources of zinc production in
this final rule also address emissions associated with any cadmium
production at these zinc production facilities.

As previously mentioned, we are using PM as a surrogate for establishing
standards for metal HAP. Under this final rule, the owner or operator of
an area source of zinc production is required to exhaust roaster
off-gases to PM removal equipment and a sulfuric acid plant. Bypassing
the sulfuric acid plant during charging of the roaster is prohibited.

Emissions limits apply to the different types of melting furnaces at
primary zinc production facilities. For existing sources, this NESHAP
limit PM emissions to 0.93 lb/hr for zinc cathode melting furnaces; 0.1
lb/hr for furnaces that melt zinc dust, chips, and off-specification
zinc materials; and 0.228 lb/hr for the combined exhaust from furnaces
that melt zinc scrap and alloys. As an alternative to the lb/hr limits
for these furnaces at existing sources, the owner or operator may elect
to meet a limit of 0.005 gr/dscf. For new sources, the PM limit is 0.005
gr/dscf for the furnaces mentioned above. Other PM limits are 0.014
gr/dscf for anode casting furnaces and 0.015 gr/dscf for cadmium melting
furnaces at new and existing sources.

Emissions limits also apply to any sintering machine at a new or
existing area source facility. If there is a sintering machine, the
owner or operator must comply with the PM limit at 40 CFR 60.172 and the
opacity limit at 40 CFR 60.174(a) of the new source performance standard
(NSPS) for primary zinc smelters (40 CFR part 60, subpart Q).

[Compliance requirements]{.underline}. We are adopting for existing area
sources certain monitoring, recordkeeping, and reporting requirements in
the title V permits of the two existing facilities that relate to PM
emissions control. The owner or operator of an existing area source must
monitor baghouse pressure drop, perform routine baghouse maintenance,
and keep records to document compliance. In addition, we are requiring
repeat performance tests (at least once every 5 years) for existing
sources. This final rule also requires a continuous opacity monitoring
system (COMS) for any sintering machine in accordance with 40 CFR
60.175.

The owner or operator of an existing area source must comply with
initial notification requirements in 40 CFR 63.9 of the General
Provisions. In the notification of compliance status required by 40 CFR
63.9(h), the owner or operator may certify initial compliance with the
HAP emissions limits based on the results of a PM performance test for
each of the regulated emissions sources conducted within the past 5
years. The owner or operator must also certify initial compliance with
the work practice standards.

If an existing source has not conducted a performance test to
demonstrate compliance with the emissions limits for a furnace, the
facility must conduct a test according to the requirements at 40 CFR
63.7 using EPA Method 5 (40 CFR part 60, appendix A) to determine the PM
concentration or an alternative method previously approved by the
permitting authority. For a sintering machine, the owner or operator
must conduct a performance test according to the procedures in 40 CFR
60.176(b) using EPA Method 5 to determine the PM concentration and EPA
Method 9 (40 CFR part 60, appendix B) to determine the opacity of
emissions.

The operation and maintenance requirements in the final rule for
existing sources are based on the sources' title V permits. The owner or
operator must maintain all equipment covered under the subpart in such a
manner that the performance or operation of the equipment does not cause
a deviation from the applicable requirements. A maintenance record must
be kept for each item of air pollution control equipment. At a minimum,
this record must show the dates of performing maintenance and the nature
of preventative maintenance activities.

This final rule allows any existing source to meet the specific SSM
requirements that were developed from the title V permit requirements
for existing sources or the SSM requirements in 40 CFR 63.6(e)(3). The
specific SSM provisions in this final rule require that all malfunctions
be reported within two working days of the event. The report must
include a description of the malfunction, steps taken to mitigate
emissions, and corrective actions taken. In addition, the owner or
operator must show through signed contemporaneous logs or other relevant
evidence that: (1) a malfunction occurred and the probable cause can be
identified, (2) the facility was being operated properly at the time the
malfunction occurred, and (3) all reasonable steps were taken to
minimize emissions that exceeded the emission standards. A malfunction
or emergency does not include events caused by improperly designed
equipment, lack of preventative maintenance, careless or improper
operation, or operator error.

As required in the existing permits, the owner or operator must submit a
notification to the permitting authority of any deviation from the
requirements of this final NESHAP. The notification must describe the
probable cause of the deviation and any corrective actions or
preventative measures taken. Existing facilities are also required to
submit semiannual monitoring reports which clearly describe any
deviations. Records of baghouse maintenance, all required monitoring
data, and support information also are required. The owner or operator
of an existing area source must also comply with the notification
requirements in 40 CFR 63.9 of the General Provisions.

The owner or operator of a new area source is required to install and
operate a bag leak detection system for each baghouse used to comply
with a PM emissions limit. In addition, we are requiring repeat PM
performance tests (once every 5 years) for each furnace at a new source.
The owner or operator must also install, operate, and maintain a COMS
for each sintering machine according to EPA Performance Specification 1
(40 CFR part 60, appendix B).

The owner or operator of a new affected source must demonstrate initial
compliance with the applicable emissions limits by conducting a
performance test according to the requirements at 40 CFR 63.7 and using
EPA 5 or 5D (40 CFR part 60, appendix A), as applicable, to determine
the PM concentration. An initial performance test is also required for a
sintering machine according to the methods and procedures in 40 CFR
60.176(b). All of the notification, testing, monitoring, operation and
maintenance, recordkeeping, and reporting requirements of the part 63
General Provisions apply to a new area source. This final rule allows a
new source to meet the specific SSM requirements in this final rule or
the SSM requirements in 40 CFR 63.6(e)(3).

2\. NESHAP for Primary Beryllium Production Area Sources

The only change since proposal is that this final rule does not adopt
the SSM requirements in 40 CFR 63.6(e)(3) and the preconstruction
notification requirements in 40 CFR 63.5. As discussed in more detail in
section IV.B of this preamble, we have determined that the SSM
requirements are not necessary for standards under part 61 that must be
met at all times, and the preconstruction notification is already
required under the part 61 General Provisions.

[Applicability and compliance dates]{.underline}. For this final rule,
we are adopting all of the requirements in the National Emission
Standard for Beryllium at 40 CFR part 61, subpart C. The owner or
operator of an existing area source must comply with this NESHAP by
\[INSERT date of publication\]. The owner or operator of a new area
source must comply by \[INSERT date of publication\] or at startup,
whichever is later.

[Emissions limits]{.underline}. Primary beryllium production facilities
were included as part of the Primary Nonferrous Metals area source
category due to their contributions to the emissions of the area source
HAP arsenic, cadmium, lead, manganese, manganese, and nickel, all of
which are metal HAP. We are adopting the 40 CFR part 61, subpart C
standard as the requirements for both new and existing primary beryllium
production facilities in this final rule. The part 61, subpart C
standard limits emissions from extraction plants (i.e., primary
beryllium production facilities) to 10 grams (0.022 lb) of beryllium
over a 24-hour period. Alternatively, the owner or operator of a
beryllium production facility may request to meet an ambient
concentration limit instead of the emissions limit. As discussed in the
preamble to the proposed rule, the part 61 standard is highly effective
in controlling PM and metal HAP emissions from the only existing
beryllium production facility known to us at the time of the proposal.
We have determined that these requirements reflect GACT for area sources
of beryllium production. We did not receive any comments on this
determination.

[Compliance requirements]{.underline}. This final rule requires the
owner or operator to comply with the testing, monitoring, recordkeeping,
and reporting requirements in 40 CFR part 61, subpart C. An owner or
operator subject to the ambient concentration limit must operate air
sampling sites to continuously monitor the concentrations of beryllium
in the ambient air according to an EPA-approved plan.

The owner or operator must comply with recordkeeping requirements in 40
CFR part 61, subpart C, as well as the testing, monitoring,
recordkeeping, and reporting requirements in the part 61 General
Provisions in 40 CFR part 61, subpart A. For the reasons discussed in
section IV.B of this preamble, this final rule does not require that the
owner or operator comply with the requirements for SSM plans and reports
in 40 CFR 63.6(e)(3) or the preconstruction notification requirements in
40 CFR 63.5.

**IV. Summary of Comments and Responses**

A. [Existing Area Source Facilities]{.underline}

At proposal, we stated that we did not know of any existing sources in
the Polyvinyl Chloride and Copolymer area source category, and we
requested comments on whether there are or ever will be any area sources
in this area source category. We also stated that currently there is
only one area source of primary copper production in operation in the
United States and that there are no primary beryllium production area
sources.

[Comment]{.underline}: One commenter informed us of an area source PVC
plant in Alabama. In addition, two commenters stated that there are a
few (at least three) PVC plants that they believe may qualify as area
sources. According to the commenters, these were once major sources that
have reduced HAP emissions significantly or that are currently shut down
but are expected to start up again with significantly less emissions
than from previous operations as major sources. The commenters requested
that EPA clarify the meaning of "potential to emit" in its definition of
an "area source" in the proposed rule, as well as the proposed rule's
applicability to plants that have obtained or, for the ones that are not
currently operating, will obtain permits that limit emissions to levels
below the major source thresholds. In addition, the commenters requested
clarification of the proposed rule's applicability to PVC plants
co-located at chemical complexes that are major sources.

One commenter notified us of an area source primary beryllium plant in
Utah. The commenter sought clarification of the proposed rule's
applicability to a primary beryllium plant that is a major source
because of perchloroethylene emissions and that may become an area
source in the future by eliminating the use of perchloroethylene.

We also received comments that there are two operating primary copper
smelters that are area sources rather than just one, as EPA stated in
the proposed rule. The company operating this second source reported
that it was an area source (synthetic minor) based on a determination by
the permitting authority. The company also stated that it is planning to
restart a primary copper smelter in Texas that has been shutdown and
under "care and maintenance" for several years. This facility will
incorporate feedstock limitations to remain below major source
thresholds, and the company expects that this facility will qualify as
an area source when the renewed permits are issued. The commenter sought
clarification of the applicability of the proposed rule to the two
primary copper smelters described above.

[Response]{.underline}: Section 112(a) of the CAA defines the terms
"major source" and "area source." An "area source" is defined as any
stationary source that is not a major source. In the proposed rule, we
included a definition for "area source" and that definition attempted to
summarize the statutory definitions of "major source" and "area source".
Commenters sought clarification of the meaning of the term "potential to
emit" contained in the proposed definition of "area source." Based on
the comment, it appears that the proposed definition of "area source"
has caused confusion. Because the proposed definition of "area source"
was merely intended to summarize the statutory definitions of "major
source" and "area source" and is redundant of the definition of "area
source" contained in the General Provisions (40 CFR part 63, subpart A),
we have decided not to finalize the proposed "area source" definition.
Instead, as noted in the NESHAP for each of these four area source
categories, the definitions of "major source," "area source," and
"potential to emit" in 40 CFR 63.2 apply to this final rule.[^2] To the
extent the commenters have questions as to whether their facility is a
major source or an area source, EPA cannot answer these site-specific
applicability questions in the context of this national rulemaking. We
refer the commenters to the definitions of "major source," "area
source," and "potential to emit" found in 40 CFR 63.2, and recommend
that the commenters consult with the relevant permitting authority or
submit a request for an applicability determination to the EPA regional
office in the region where the source is located.

In addition, we want to clarify that a plant that is co-located with
other facilities that together qualify as a major source is part of that
major source and not an area source.

B. [Part 63 General Provisions]{.underline}

[Comment]{.underline}: One commenter representing the two beryllium
plants objected to the part 63 SSM requirements in the proposed NESHAP
for the Primary Beryllium Production area source category. The commenter
stated that these two beryllium plants are already subject to 40 CFR
part 61, subpart C, which EPA has adopted in this final rule, as well as
the SSM requirements in State implementation plans (SIP), State laws,
and title V permits. According to the comment, because these plants are
subject to a strict ambient air standard for beryllium under the part 61
NESHAP, which requires that the plants monitor continuously and meet the
required limits under all conditions, the part 63 SSM requirements are
not necessary. Commenters representing facilities in the PVC industry
provided similar comments. In addition, they stated that by requiring
compliance with part 61 and the SSM provisions in 40 CFR 63.6, the
proposed rule would impose two different SSM schemes in one standard. It
would also impose more burdensome reporting and recordkeeping
obligations on the lower emitting (area) sources.

Representatives of two primary copper companies also stated that the SSM
requirements are unnecessary and duplicative of existing requirements
and should be deleted. Their title V permits contain existing
functionally equivalent SSM provisions, including requirements for
timely notification and reporting.

[Response]{.underline}: We agree that the SSM requirements in the 40 CFR
part 63 General Provisions need not be included in the NESHAP for the
PVC and Copolymer Production and the Primary Beryllium Production area
source categories, both of which adopted the relevant part 61 standards
for these categories. Under the construct of the part 61 standards,
sources must comply with the standards at all times, including periods
of SSM. Therefore, separate requirements governing SSM are not
necessary. Accordingly, we have revised the proposed rule to eliminate
the part 63 SSM requirements for new and existing primary beryllium and
PVC plants.

We also examined the SSM requirements that are in title V permits for
other source categories. The primary copper smelters and primary zinc
production plants have similar requirements in their permits. Our review
indicates that these requirements are substantially equivalent to the
part 63 SSM requirements. For example, the title V permits for these
plants require that all malfunctions be reported within two working days
of the event. The report must include a description of the malfunction,
steps taken to mitigate emissions, and corrective actions taken. In
addition, the permittee must show through signed contemporaneous logs or
other relevant evidence that: (1) a malfunction occurred and the
permittee can identify the probable cause, (2) the facility was being
operated properly at the time the malfunction occurred, and (3) all
reasonable steps were taken to minimize emissions that exceeded the
emission standards or other requirements of the permit. The permit also
makes it clear that a malfunction or emergency does not include events
caused by improperly designed equipment, lack of preventative
maintenance, careless or improper operation, or operator error.

Based on the comments and our review of title V permits, we are
including in this final rule alternative SSM requirements that we have
formulated based on our review of the title V permits mentioned above.
Under this final rule, a new or existing primary copper smelter or
primary zinc production facility may choose to meet the SSM requirements
in 40 CFR 63.6(e)(3) or the alternative SSM requirements provided in
this final rule.

This final rule also includes operation and maintenance requirements for
existing sources that are based on the permits. For primary copper
smelters, the owner or operator must to the extent practicable, maintain
and operate any affected source, including associated air pollution
control equipment, in a manner consistent with good air pollution
control practice for minimizing emissions. In addition, all pollution
control equipment must be installed, maintained, and operated properly.
Instructions from the vendor or established maintenance practices that
maximize pollution control must be followed. All necessary equipment
control and operating devices, such as pressure gauges, ampere meters,
volt meters, flow rate indicators, temperature gauges, continuous
emissions monitoring systems, etc., must be installed, operated properly
and easily accessible to compliance inspectors. A copy of all
manufacturers\' operating instructions for pollution control equipment
and pollution emitting equipment must be maintained at the facility
site. These instructions must be available to all employees who operate
the equipment and must be made available to the permitting authority
upon request. Maintenance records must be made available to the
permitting authority upon request.

[Comment]{.underline}: One commenter stated that we should not adopt the
preconstruction application, review, permitting, and notification
requirements in the part 63 General Provisions (40 CFR part 63, subpart
A) because they were unnecessary and duplicate the very similar
requirements already in the part 61 General Provisions (40 CFR part 61,
subpart A). EPA should not impose the additional burden of submitting
and processing two duplicative applications and should just rely on the
provisions already in the part 61 General Provisions.

[Response]{.underline}: We agree that if a preconstruction notification
is submitted under the part 61 General Provisions (40 CFR 61.07), it is
not necessary to submit another preconstruction notification under the
part 63 General Provisions. We have revised the proposed rule to reflect
this change.

[Comment]{.underline}: One commenter stated that EPA should not
incorporate any of the part 63 General Provisions into area source
standards that adopt the part 61 NESHAP. These provisions, including
those in 40 CFR 63.1 (Applicability), are already addressed in the part
61 General Provisions and enhanced by SIP requirements and title V
permits.

[Response]{.underline}: We have previously addressed the SSM
requirements and preconstruction notifications for facilities subject to
part 61 standards. The only other section of the part 63 General
Provisions that we have included for these sources deals with
applicability in 40 CFR 63.1 (§§63.1(a)(1) through (10), 63.1(b)(1),
63.1(c), and 63.1(d)). The provisions on applicability impose no burden
on the facility and provide clarity and useful information related to
the applicability of standards under part 63. Consequently, the final
rule includes portions of §63.1 from the part 63 General Provisions.

C. [Primary Copper Smelters]{.underline}

[Comment]{.underline}: Two commenters identified two primary copper
smelters as area sources in addition to the one smelter identified as an
area source in the proposal preamble. One of these smelters is
operating, and the company stated that the facility is an area source
(i.e., a synthetic minor source). The other smelter has been shut down
for several years, but it is in the process of obtaining permits to
re-start and expects to be an area source. Both of these smelters use
the batch converting process, whereas the smelter that was identified as
an area source at proposal and was the basis for GACT uses flash
continuous converting technology. The company pointed to the process
descriptions in the proposal preamble that noted the numerous
differences in the two technologies. The company suggested that their
two smelters fit into a separate subcategory (batch converting
technology) and should have rule requirements based on that technology.
The requirements in the proposed rule are not appropriate for their
smelters because the proposed rule is based on the flash continuous
converting technology.

[Response]{.underline}: The commenters asserted that there are two area
source primary copper smelters that use the batch converting technology.
As we described in the proposal preamble (71 FR 59308, October 6, 2006),
there are numerous differences in process operation, emissions points,
and achievable levels of control. We believe that our proposed standard
for existing sources, which is based on flash continuous converting
technology, would not be appropriate for existing sources of primary
copper smelting that use the batch converting technology and that
separate standards are needed to address the different technology used
by these existing smelters. Solely for purposes of this analysis, we
accept, as true, the commenter's assertion that they are existing area
source facilities that use batch processing. As explained above, to the
extent the commenter has any question as to whether the smelters
identified above are major or area sources, they should consult with the
relevant permitting authority or submit a request for an applicability
determination to the EPA regional office in the region where the source
is located.

In developing the requirements for sources using the batch converting
technology, we reviewed the title V permit of the currently operating
source identified in the comment. The emissions from this facility are
controlled as a result of its title V permit requirements to capture and
control emissions of PM. The vast majority of the gases from the
smelting furnace and converter are collected by a primary capture
system, sent to control equipment to remove PM, and then processed in a
sulfuric acid plant. Fugitive emissions are collected by a secondary
capture system and sent to a baghouse for control of PM emissions. We
determined that these current permit requirements represent GACT for
existing primary copper smelters using the batch converting process and
have included these requirements in this final rule as the requirements
for existing primary copper smelting area sources that use batch
converting technology. According to these requirements, plants that use
batch converting technology must operate primary capture systems on each
smelting vessel and each copper converter. Secondary capture systems
must be installed to capture emissions from tapping copper matte and
slag from the smelting vessel and emissions from charging, skimming,
pouring, and holding when the converter mouth is partially rotated out
from the primary collection hood. All of the collected gases must be
routed to an emissions control system. In addition, emissions from the
primary collection system for the smelting vessel and converter must be
routed to a sulfuric acid plant after PM removal.

Emissions from each copper concentrate dryer must be controlled and must
not exceed 0.022 gr/dscf. Emissions from secondary capture systems that
are not vented to a sulfuric acid plant must not exceed 0.02 gr/dscf.

We also examined the monitoring requirements in the title V permit of
this primary smelter using the batch technology and found that they
would ensure that control devices are working properly on a continuous
basis. We therefore included these monitoring requirements in this final
rule as requirements for primary copper smelting area sources that use
the batch converting technology. Under these requirements, a COMS
meeting Performance Specification 1 (40 CFR part 60, appendix B) must be
installed on each electrostatic precipitator. If the 24-hour rolling
average opacity exceeds 15 percent, the plant must investigate the cause
of the problem and take corrective action. Each baghouse must be
equipped with and monitored by a bag leak detection system to ensure
proper operation. We have also required performance tests every 2.5
years to determine compliance with PM limits.

[Comment]{.underline}: A commenter representing the primary copper plant
that was the basis for GACT stated that EPA did not properly capture the
facility's title V permit requirements in some cases. The commenter
supplied additional details and clarifications. Clarification is need
for the requirements for anode casting and holding operations, the
emissions limit should not be referred to as "smelter wide" but as the
limit for the main stack, the limit should be expressed as PM~10~ rather
than PM, and the continuous PM sampler should not be referred to as a
CEMS. The commenter also asked that EPA modify the proposed rule to
clearly state that a single secondary gas collection system can capture
and control emissions from multiple processing vessels (i.e., each
vessel does not have to have its own separate collection system). The
commenter also requested more flexibility in the monitoring requirements
so that the permitting authority could approve improved monitoring
technology should it become available in the future.

[Response]{.underline}: We agree with the commenter and will make most
of the suggested changes. The facility's title V permit was the basis
for our GACT determination, and we intended that the proposed area
source rule incorporate the permit requirements of this well-controlled
facility. We understand that in some cases, a gas collection system may
be applied to multiple process vessels, and we have included this
clarification in this final rule. We understand that flexibility in
monitoring is important, especially as improved monitoring techniques
become commercially available and demonstrated in metallurgical
operations. That said, it is not necessary to revise the proposed rule
to allow a facility to request approval of an alternative monitoring
method because the procedure for making such requests is contained in 40
CFR 63.8, which applies to the NESHAP for the Primary Copper Smelting
area source category in this final rule.

[Comment]{.underline}: One commenter noted that the new source standard
for primary copper was based on the newer flash continuous converter
technology and would not be appropriate for new plants using the batch
converting technology. The commenter stated that continuous converting
has more limited applicability to ore concentrates that have high
impurities levels than does batch converting. The commenter stated that
because a new smelter could use either of the technologies, the emission
standards for new sources should be reflective of the performance of
either of these technologies. This can be achieved by providing
flexibility in the emission limits that are adopted. The commenter
recommended that the standard for new smelters using the batch
converting technology be based on the best performing existing facility
with the technology. In addition, a provision should be made to allow an
alternate emissions limit to be authorized by either EPA or the
permitting authority that is equally protective.

[Response]{.underline}: The emissions limit that we proposed for new
primary copper smelters is in lb/ton of copper concentrate feed and is
applied on a facility wide basis. The format and requirements of the
standard can be applied to and achieved by a facility using any primary
copper smelting technology if it is well controlled. The format of the
standard also provides flexibility because multiple process vessels can
have different levels of emissions as long as they collectively meet the
overall lb/ton limit. The limit has been demonstrated as achievable by
an existing area source that uses a continuous converting process.
Unlike existing sources, new sources using any smelting technology have
the opportunity to incorporate state-of-the-art capture and control
systems into their design, construction, and operation. Based on our
engineering experience with capture and control systems that have been
applied to primary copper processes and also those that have been
applied to similar processes in other metallurgical industries, we
believe that the emissions limit for new sources can be achieved by
primary copper smelters using any processing technology, including both
the continuous and batch converting processes. The standard for new
primary copper smelters represents a level of control that is generally
available for new sources. Consequently, we chose to promulgate the
limit as proposed as GACT for new primary copper smelters.

[Comment]{.underline}: Three commenters objected to the requirement of
using a PM CEMS for monitoring at new primary copper smelter area
sources. Although improvements in PM CEMS have been made as they
continue to be developed, there is not sufficient operating history to
prove its feasibility for continuous monitoring at primary copper
smelters.

[Response]{.underline}: The PM CEMS have been demonstrated in many
different applications, including processes with exhaust gases similar
to those from primary copper smelters (e.g., at electric utilities where
the temperatures and exhaust gas compositions are similar). The
commenters did not provide any information that the exhaust gases from
primary copper smelting are uniquely different. We have included PM CEMS
as the monitoring technology for new sources in this final rule.

D. [Primary Zinc Smelters]{.underline}

[Comment]{.underline}: One commenter asked if the proposed rule wan
meant to apply to any zinc refinery that processes any amount of zinc
sulfide concentrate. If so, what is the timeframe for using zinc sulfide
concentrate and its percentage of the feed that qualifies a facility as
a primary zinc smelter? Is EPA really trying to regulate zinc
refineries, which produce cathodes in a cathode melting furnace and use
zinc sulfide concentrate as a feed material, and not regulate thermal
zinc smelters, who do not produce cathodes and do not currently use zinc
sulfide concentrate?

[Response]{.underline}: The commenter is correct in that this final rule
applies to any area source facility that produces zinc products from any
amount of zinc sulfide ore concentrates using pyrometallurgical
processes (i.e., a "primary zinc smelter"). This final rule does not
apply to thermal zinc smelters if they do not process zinc sulfide
concentrate. (Facilities processing only zinc scrap and residues
containing zinc would be classified as secondary zinc smelters.) If a
facility meets the definition of primary zinc smelter and is an area
source on the compliance date, it is subject to this final rule. If the
facility is not processing zinc sulfide concentrate but subsequently
begins processing it, meets the definition of primary zinc smelter, and
is an area source, it is subject to this final rule when it begins
processing the zinc sulfide concentrate. Under these facts, such a
facility would be subject to the standards for new sources if
construction or reconstruction of the primary zinc smelter (the affected
source) commenced on or after October 6, 2006.

We are not making a distinction between zinc refineries and thermal zinc
smelters as described by the commenter. Either type of facility is
subject to this final rule if it is an area source and meets the
definition of primary zinc smelter.

[Comment]{.underline}: One commenter noted that that the proposed rule
requires demonstrating compliance by stack testing within 180 days after
the compliance date. Their plant has a process that is not operating, it
is subject to the rule, but it may not restart until more than 180 days
after the compliance date. As the proposed rule reads, they would have
to demonstrate compliance by a stack test even though the process is not
operating.

[Response]{.underline}: We have clarified the proposed rule to indicate
that if a process subject to this final rule is not operating on the
compliance date and subsequently starts up, compliance testing must be
performed within 180 days after startup of the process.

[Comment]{.underline}: One commenter noted that the proposed rule
requires that initial compliance must be demonstrated "for each furnace
at your facility." A zinc smelter may have other types of furnaces that
are not subject to emission limits. The commenter assumes that this
requirement will have no impact on these furnaces.

[Response]{.underline}: The commenter is correct. We have clarified the
proposed rule to state that initial compliance must be demonstrated "for
each furnace at your facility that is subject to an emissions limit
under this subpart."

[Comment]{.underline}: One commenter stated that the emissions limit of
0.005 gr/dscf for certain furnaces at new sources is greater than the
emissions limit for the same furnaces at existing sources. The commenter
suggested that the greater of the two values be applied in this case to
provide a level playing field for new and existing sources.

[Response]{.underline}: We disagree with the comment that the emissions
limit of 0.005 gr/dscf for certain furnaces at new sources is greater
than the emissions limits for the same furnaces at existing sources. The
emissions limit of 0.005 gr/dscf for new sources is applied to the
exhaust vent of a zinc cathode melting furnace; scrap zinc melting
furnace; furnace melting zinc dust, zinc chips, and other materials
containing zinc; and alloy melting furnace. For existing sources, the
limits are 0.1 lb/hr from the exhaust vent of a furnace that melts zinc
dust, zinc chips, and/or other materials containing zinc; and 0.228
lb/hr from the vent for the combined exhaust from a furnace melting zinc
scrap and an alloy furnace. Although the limits for the furnaces
mentioned above are expressed in different formats for new and existing
sources, both formats reflect the level of emission control that can be
achieved based on the technology we identified as GACT for these
furnaces (i.e., a well-operated and well-maintained baghouse). However,
whereas the lb/hr limits for the above-noted furnaces in the proposed
rule were based on the specific operations at the two existing sources
of which we are aware, the gr/dscf emission limit is not operation
specific and can apply to these furnaces at any primary copper smelting
area source. We have therefore adopted the gr/dscf limit in addition to
the proposed lb/hr limit and sources can meet either the limit expressed
in lb/hr or the limit expressed in gr/dscf.

E. [Basis for Area Source Standards]{.underline}

[Comment]{.underline}: We received a comment from the National
Association of Clean Air Agencies (NACAA) expressing concern with EPA's
establishment of area source standards under section 112 of the CAA by
adopting existing Federal and/or State area source standards. In the
comment, the NACAA stated that the existence of State and local
regulations does not relieve EPA of its obligation to establish area
source standards under the CAA. The NACAA expressed concern that some
States cannot have requirements more stringent than those of the Federal
government and may, therefore, be required to change their regulations
of area sources to be consistent with EPA's area source standards. The
NACAA stated that, if the permit requirements that make these sources
"well controlled" are not contained within the Federal rule, the
nonfederal rules could be relaxed. The NACAA further stated that, in the
absence of Federal requirements, there would be nothing to prevent "back
sliding" by these sources.

The NACAA was particularly concerned with EPA's proposed PVC rule, which
adopted the part 61 standards for PVC plants. According to the NACAA,
the part 61 standards for PVC plants are outdated and inappropriate as a
model for GACT. The NACAA submitted with its comment a recommendation
for the standards for area sources of PVC plants. The NACAA previously
recommended these limits to EPA as the MACT standards for major sources
of PVC plants. The NACAA believes the submittal contains valuable
information for EPA in developing PVC regulations for area sources as
well.

[Response]{.underline}: We have traditionally reviewed operating permits
and current standards in the standards development process, and we used
this approach in developing the NESHAP for the four area source
categories in this final rule. The NACAA did not explain why it would be
inappropriate for EPA to adopt existing Federal, State or local
standards that EPA has determined to be effective in controlling HAP
emissions. Contrary to the commenter's assertions, EPA is setting final
area source standards for the four source categories at issue in this
rule. The emissions limits and/or work practice standards in each of the
four NESHAP in this final rule have been reviewed, determined by EPA to
be the appropriate standards for the relevant area source category, and
established by EPA in this final rule as the Federal requirements for
that category pursuant to section 112 of the CAA.

It is conceivable that for those States with laws that preclude the
State from issuing regulations that are more stringent than EPA's
regulations, a State may need to change its existing area source
regulation in response to this final rule. However, the NACAA has not
identified any existing State regulation that would require modification
in this regard. Further, as previously mentioned, we established the
area source standards in this final rule based on GACT, which may or may
not be reflected by a more stringent State or local requirements. The
NACAA also asserted that the part 61 standards for PVC plants are
outdated and inappropriate as GACT for area source PVC plants. NACAA's
statement was apparently based on the fact that the part 61 standards
were issued prior to the 1990 Amendments to the Clean Air Act and were
based on risk. However, the fact that these are risk-based standards are
not per se evidence that they do not reflect GACT for area sources of
PVC plants. We believe that the record supports our determination as to
what constitutes GACT for the four categories at issue here.

Moreover, we reviewed the information submitted by the commenter that
contained their "presumptive" determination of MACT that they issued as
guidance to State and local agencies. These recommended limits were
based on the best-controlled plants, most if not all of which are major
sources.[^3] We believe that these recommended limits may represent MACT
or something beyond MACT, but we do not believe that they are
appropriate for these particular area source categories. As previously
mentioned, we have decided to establish the standards for the PVC and
Copolymer Production area source category based on GACT. We do not
believe that NACAA's recommended limits represent GACT for area sources
of PVC plants. Because we expect PVC plants to be operating in
accordance with the part 61 standards for PVC plants, we believe that
these standards represent a level of control that is generally available
and is therefore a reasonable representation of GACT for area sources in
this source category.

[Comment]{.underline}: One commenter stated that area source standards
are not needed for primary beryllium plants. All of these plants,
including major and area sources, are already subject to NESHAP under 40
CFR part 61. In addition, the proposed area source standard will not
achieve any reduction in HAP emissions. A second commenter stated that
absent EPA's statutory obligation to establish standards for area
sources, there would be no need to regulate PVC and copolymer plants
because they are already governed by the existing NESHAP. However, the
commenter recognizes EPA's obligation to regulate PVC and copolymer area
sources and supports the adoption of the part 61 NESHAP as the area
source standard.

[Response]{.underline}: The second commenter has captured the issue and
provides the response to the first commenter: EPA has a statutory
obligation to establish area source NESHAP for primary beryllium plants.

F. [Compliance Date]{.underline}

[Comment]{.underline}: Two commenters stated that requiring compliance
on the date of publication of the final rule in the [Federal
Register]{.underline} does not allow sufficient time for existing
sources to develop a SSM plan.

[Response]{.underline}: We believe that we have addressed the
commenter's concern regarding existing sources' abilities to develop SSM
plans by the compliance date. With respect to primary copper smelting
and primary zinc production area sources, this final rule allows
existing sources in these two area source categories to address SSM
according to the relevant requirements in their title V permits, which
do not require a SSM plan. As previously discussed in our response to
the comments on the necessity of the part 63 SSM requirements (section
IV.B of this preamble), we have reviewed the SSM requirements in the
title V permits for the existing sources of primary copper smelting and
primary zinc production area sources and have determined that these
provisions are adequate to replace the SSM requirements in the General
Provisions, which require a SSM plan. See 40 CFR 63.6(e)(3). We have
therefore included in the final NESHAP for primary copper smelting and
primary zinc production area sources requirements that are based on
these title V permit terms and conditions. To provide flexibility,
sources can comply with the SSM requirements specified in this final
rule or comply with the provisions contained in the General Provisions
at 40 CFR 63.6(e). Accordingly, the existing sources in these two area
source categories are not required to develop SSM plans and may instead
continue to follow their title V permit requirements regarding SSM.

In addition, as previously mentioned, we are not requiring SSM plans and
reports in 40 CFR 63.6(e)(3) for area source PVC plants and beryllium
production facilities. Because the NESHAP for these source categories in
this final rule adopt part 61 standards, which require compliance at all
times, specific provisions governing SSM are unnecessary. For all of the
reasons stated above, we believe that the concern expressed in this
comment has been addressed.

**V. Statutory and Executive Order Reviews**

A. [Executive Order 12866: Regulatory Planning and Review]{.underline}

Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action
is a "significant regulatory action" because it may raise novel legal or
policy issues. Accordingly, EPA submitted this action to the Office of
Management and Budget (OMB) for review under Executive Order 12866, and
any changes made in response to OMB recommendations have been documented
in the docket for this action.

B. [Paperwork Reduction Act]{.underline}

The NESHAP for Polyvinyl and Copolymers Production Area Sources do not
impose any new information collection burden. New and existing plants
that are area sources are required to comply with the same testing,
monitoring, reporting, and recordkeeping requirements as those in the
National Emission Standards for Vinyl Chloride (40 CFR part 61, subpart
F), to which these area sources are currently subject, and the
information collection requirements in the part 61 NESHAP General
Provisions (40 CFR part 61, subpart A), which are incorporated into the
NESHAP. The OMB has previously approved the information collection
requirements in 40 CFR part 61, subpart F, under the provisions of the
Paperwork Reduction Act, 44 U.S.C. 3501 [et]{.underline}
[seq]{.underline}. and has assigned OMB control number 2060-0071, EPA
Information Collection Request (ICR) number 0186.10.

A copy of the OMB-approved ICR for the National Emission Standards for
Vinyl Chloride may be obtained from Susan Auby, Collection Strategies
Division, U.S. EPA (2822T), 1200 Pennsylvania Ave., NW, Washington, DC
20460, by e-mail at [auby.susan@epa.gov]{.underline}, or by calling
(202) 566-1672.

The requirements for primary beryllium production facilities in the
NESHAP for Primary Nonferrous Metals Area Sources do not impose any new
information collection burden. New and existing plants that are area
sources are required to comply with the same testing, monitoring,
recordkeeping, and reporting requirements as those in the National
Emission Standards for Beryllium (40 CFR part 61, subpart C), to which
these area sources are currently subject, and the information collection
requirements in the part 61 General Provisions (40 CFR part 61, subpart
A), which are incorporated into the NESHAP for these sources. The OMB
has previously approved the information collection requirements in 40
CFR part 61, subpart C, under the provisions of the Paperwork Reduction
Act, 44 U.S.C. 3501 [et]{.underline} [seq]{.underline}. and has assigned
OMB control number 2060-0092, EPA ICR number 0193.08.

A copy of the OMB-approved ICR for the National Emission Standards for
Beryllium may be obtained from Susan Auby, Collection Strategies
Division, U.S. EPA (2822T), 1200 Pennsylvania Ave., NW, Washington, DC
20460, by e-mail at [auby.susan@epa.gov]{.underline}, or by calling
(202) 566-1672.

The information requirements in the NESHAP for Polyvinyl Chloride and
Copolymers Production Area Sources, Primary Copper Smelting Area
Sources, Secondary Copper Smelting Area Sources, and Primary Nonferrous
Metals-Zinc, Cadmium, and Beryllium Area Sources have been submitted for
approval to OMB under the Paperwork Reduction Act, 44 U.S.C. 3501
[et]{.underline} [seq]{.underline}. The information collection
requirements are not enforceable until OMB approves them.

The information collection requirements for primary copper smelting and
primary zinc production are based on the current title V permitting
requirements for existing sources and the information collection
requirements in the part 63 General Provisions (40 CFR part 63, subpart
A), most of which are incorporated into the NESHAP for new sources. The
ICR document includes the burden estimates for all applicable General
Provisions. These recordkeeping and reporting requirements are mandatory
pursuant to section 114 of the CAA (42 U.S.C. 7414). All information
submitted to EPA pursuant to the information collection requirements for
which a claim of confidentiality is made is safeguarded according to CAA
section 114(c) and the Agency's implementing regulations at 40 CFR part
2, subpart B.

The PM testing, monitoring, recordkeeping, and reporting requirements
with which existing primary copper smelting and primary zinc smelting
area sources must comply are the same as the requirements that are in
these facilities' current title V operating permits. The only new
information collection requirements that apply to these area sources
consist of initial notifications. There are no existing secondary copper
smelting facilities, and there are no requirements for existing
secondary copper smelting area sources.

Any new primary zinc production facility, primary copper smelter, or
secondary copper smelter area source is subject to all information
collection requirements in the part 63 General Provisions. No costs or
burden hours are estimated for new primary copper smelters, secondary
copper smelters, or primary zinc production area sources because no new
sources are estimated during the 3-year period of the ICR. No new
sources have been constructed in more than 10 years, no new construction
has been announced, and we have no indication there will be any new
sources in the next 3 years.

The annual burden for this information collection (including all four
source categories) averaged over the first 3 years of this ICR is
estimated to total 23 labor hours per year at a cost of \$1,948 for the
three existing primary copper smelting area sources and 15.4 labor hours
per year at a cost of \$1,305 for the two existing primary zinc smelting
area sources. No capital/startup costs or operation and maintenance
costs are associated with the requirements.

Burden means the total time, effort, or financial resources expended by
persons to generate, maintain, retain, 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 currently
valid OMB control number. The OMB control numbers for EPA\'s regulations
in 40 CFR part 63 are listed in 40 CFR part 9. When this ICR is approved
by OMB, the Agency will publish a technical amendments for the approved
information collection requirements contained in the final rules.

C. [Regulatory Flexibility Act]{.underline}

The Regulatory Flexibility Act (RFA) generally requires an agency to
prepare a regulatory flexibility analysis of any rule subject to notice
and comment rulemaking requirements under the Administrative Procedure
Act or any other statute unless the agency certifies that the rule would
not have a significant economic impact on a substantial number of small
entities. Small entities include small businesses, small not-for-profit
enterprises, and small governmental jurisdictions.

For the purposes of assessing the impacts of the area source NESHAP on
small entities, small entity is defined as: (1) a small business that
meets the Small Business Administration size standards for small
businesses at 13 CFR 121.201 (less than 1,000 employees for primary
copper smelting and less than 750 employees for PVC and copolymers
production, secondary copper smelting, and primary nonferrous metals
manufacturing); (2) a small governmental jurisdiction that is a
government of a city, county, town, school district, or special district
with a population of less than 50,000; and (3) a small organization that
is any not-for-profit enterprise which is independently owned and
operated and is not dominant in its field.

After considering the economic impacts of these final rules on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. The small
entities directly regulated by these final rules are small businesses.
We have determined that existing small businesses in these area source
categories will not incur any adverse impacts on existing area sources
of PVC and copolymer production facilities, primary copper smelters, and
non-ferrous metal production facilities because the rules do not create
any new requirements or burdens other than minimal notification
requirements. There will be no adverse impacts on existing secondary
copper area sources because there are no existing sources in the
category. Although these final NESHAP contain emission control
requirements for new area sources in all four source categories, we are
not aware of any new sources being constructed now or planned in the
near future, and consequently, we did not estimate any impacts for new
sources.

Although this final rule will not have a significant economic impact on
a substantial number of small entities, EPA nonetheless has tried to
reduce the impact of this rule on small entities. These final rules are
designed to harmonize with existing State or local requirements. In
addition, we have deleted the proposed requirements for SSM plans and
reports.

D. [Unfunded Mandates Reform Act]{.underline}

Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public Law
104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with "Federal mandates" that may
result in expenditures by State, local, and tribal governments, in the
aggregate, or to the private sector, of \$100 million or more in any 1
year. Before promulgating an EPA rule for which a written statement is
needed, section 205 of the UMRA generally requires EPA to identify and
consider a reasonable number of regulatory alternatives and adopt the
least costly, most cost-effective, or least burdensome alternative that
achieves the objectives of the rule. The provisions of section 205 do
not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective, or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.

EPA has determined that the final rules do not contain a Federal mandate
that may result in expenditures of \$100 million or more for State,
local, and tribal governments, in the aggregate, or the private sector
in any one year. The estimated expenditures for the private sector in
any one year are less than \$2,500. Thus, the final rules are not
subject to the requirements of sections 202 and 205 of the UMRA. In
addition, the final rules do not significantly or uniquely affect small
governments. The final rules contain no requirements that apply to such
governments, impose no obligations upon them, and will not result in
expenditures by them of \$100 million or more in any one year or any
disproportionate impacts on them. Therefore, the final rules are not
subject to section 203 of the UMRA.

E. [Executive Order 13132: Federalism]{.underline}

Executive Order 13132 (64 FR 43255, August 10, 1999) requires EPA to
develop an accountable process to ensure "meaningful and timely input by
State and local officials in the development of regulatory policies that
have federalism implications." "Policies that have federalism
implications" are defined in the Executive Order to include regulations
that have "substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government."

These final rules do not have federalism implications. They will not
have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government, as
specified in Executive Order 13132. These final rules impose
requirements on owners and operators of specified area sources and not
State and local governments. Thus, Executive Order 13132 does not apply
to these final rules.

F. [Executive Order 13175: Consultation and Coordination with Indian
Tribal Governments]{.underline}

Executive Order 13175 (65 FR 67249, November 6, 2000), requires EPA to
develop an accountable process to ensure "meaningful and timely input by
tribal officials in the development of regulatory policies that have
tribal implications." These final rules do not have tribal implications,
as specified in Executive Order 13175. They will not have substantial
direct effects on tribal governments, on the relationship between the
Federal government and Indian tribes, or on the distribution of power
and responsibilities between the Federal government and Indian tribes,
as specified in Executive Order 13175. These final rules impose
requirements on owners and operators of specified area sources and not
tribal governments. Thus, Executive Order 13175 does not apply to these
final rules.

G. [Executive Order 13045: Protection of Children from Environmental
Health and Safety Risks]{.underline}

Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any rule
that: (1) is determined to be "economically significant," as defined
under Executive Order 12866, and (2) concerns an environmental health or
safety risk that EPA has reason to believe may have a disproportionate
effect on children. If the regulatory action meets both criteria, EPA
must evaluate the environmental health or safety effects of the planned
rule on children, and explain why the planned regulation is preferable
to other potentially effective and reasonably feasible alternatives
considered by EPA.

EPA interprets Executive Order 13045 as applying only to those
regulatory actions that are based on health or safety risks, such that
the analysis required under section 5-501 of the Executive Order has the
potential to influence the regulation. These final rules are not subject
to the Executive Order. They are based on control technology and not on
health or safety risks.

H. [Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use]{.underline}

These final rules are not a "significant energy action" as defined in
Executive Order 13211 (66 FR 28355, May 22, 2001) because they are not
likely to have a significant adverse effect on the supply, distribution,
or use of energy. Further, we have concluded that these final rules are
not likely to have any adverse energy effects because energy
requirements would remain at existing levels. No additional pollution
controls or other equipment that consume energy are required by these
final rules.

I. [National Technology Transfer Advancement Act]{.underline}

Section 12(d) of the National Technology Transfer and Advancement Act
(NTTAA) of 1995 (Public Law No. 104-113, section 12(d), 15 U.S.C. 272
note) directs EPA to use voluntary consensus standards (VCS) in its
regulatory activities, unless to do so would be inconsistent with
applicable law or otherwise impractical. The VCS are technical standards
(e.g., materials specifications, test methods, sampling procedures, and
business practices) that are developed or adopted by VCS bodies. The
NTTAA directs EPA to provide Congress, through OMB, explanations when
the Agency does not use available and applicable VCS.

This rule involves technical standards. The EPA cites the following
standards: EPA Methods 1, 1A, 2, 2A, 2C, 2D, 2F, 2G, 3, 3A, 3B, 4, 5,
5D, and 9 in 40 CFR part 60, appendix A; and Performance Specifications
1 and 11 in 40 CFR part 60, appendix B. The search identified one VCS as
an acceptable alternative to EPA Method 3B. The method ASME PTC
19.10-1981, "Flue and Exhaust Gas Analyses," is cited in two of these
final rules for its manual method for measuring the oxygen, carbon
dioxide, and carbon monoxide content of the exhaust gas. This part of
ASME PTC 19.10-1981 is an acceptable alternative to EPA Method 3B.

The standard ASTM D6216 (1998), "Standard Practice for Opacity Monitor
Manufacturers to Certify Conformance with Design and Performance
Specifications," was designated an acceptable alternative for the design
specifications given in EPA\'s Performance Specification 1. As a result,
EPA incorporated ASTM D6216-98 by reference into Performance
Specification 1 as the design specifications for opacity monitors in
August 2000.

The search for emissions measurement procedures identified 13 other VCS.
The EPA determined that these 13 standards identified for measuring
emissions of the HAP or surrogates subject to emission standards in
these final rules were impractical alternatives to EPA test methods for
the purposes of the rules. Therefore, EPA does not intend to adopt these
standards for this purpose. The reasons for the determinations for the
13 methods are in the docket for these rules.

For the methods required or referenced by these rules, a source may
apply to EPA for permission to use alternative test methods or
alternative monitoring requirements in place of any required testing
methods, performance specifications, or procedures under §§63.7(f) and
63.8(f) of subpart A of the General Provisions.

J. [Congressional Review Act]{.underline}

The Congressional Review Act, 5 U.S.C. 801, [et]{.underline}
[seq]{.underline}., as added by the Small Business Regulatory
Enforcement Fairness Act of 1996, generally provides that before a rule
may take effect, the agency promulgating the rule must submit a rule
report,

which includes a copy of the rule, to each House of Congress and to the
Comptroller General of the United States. The EPA will submit a report
containing these final rules and other required information to the U.S.
Senate, the U.S. House of Representatives, and the Comptroller General
of the United States prior to publication of the final rules in the
[Federal Register]{.underline}. A major rule cannot take effect until 60
days after it is published in the [Federal Register]{.underline}. This
action is not a "major rule" as defined by 5 U.S.C. 804(2). These final
rules will be effective on \[INSERT DATE OF PUBLICATION\].

**List of Subjects in 40 CFR Part 63**

Environmental protection, Air pollution control, Hazardous substances,
Incorporation by reference, Reporting and recordkeeping requirements.

Dated:

Stephen L. Johnson,

Administrator.

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

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

1\. The authority citation for part 63 continues to read as follows:

**Authority**: 42 U.S.C. 7401 [et]{.underline} [seq]{.underline}.

**Subpart A----\[AMENDED\]**

2\. Section 63.14 is amended by revising paragraph (i)(1) to read as
follows:

[§63.14 Incorporations by reference]{.underline}**.**

\* \* \* \* \*

\(i\) \* \* \*

\(1\) ANSI/ASME PTC 19.10-1981, "Flue and Exhaust Gas Analyses \[Part
10, Instruments and Apparatus\]," IBR approved for §§63.309(k)(1)(iii),
63.865(b), 63.3166(a)(3), 63.3360(e)(1)(iii), 63.3545(a)(3),
63.3555(a)(3), 63.4166(a)(3), 63.4362(a)(3), 63.4766(a)(3),
63.4965(a)(3), 63.5160(d)(1)(iii), 63.9307(c)(2), 63.9323(a)(3),
63.11148(e)(3)(iii), 63.11155(e)(3), 63.11162(f)(3)(iii) and (f)(4),
63.11163(g)(1)(iii) and (g)(2), and Table 5 of subpart DDDDD of this
part.

\* \* \* \* \*

3\. Part 63 is amended by adding subpart DDDDDD to read as follows:

**Subpart DDDDDD----National Emission Standards for Hazardous Air
Pollutants for Polyvinyl Chloride and Copolymers Production Area
Sources**

Sec.

**Applicability and Compliance Dates**

63.11140 Am I subject to this subpart?

63.11141 What are my compliance dates?

**Standards and Compliance Requirements**

63.11142 What are the standards and compliance requirements for new and
existing sources?

**Other Requirements and Information**

63.11143 What General Provisions apply to this subpart?

63.11144 What definitions apply to this subpart?

63.11145 Who implements and enforces this subpart?

**Applicability and Compliance Dates**

[§63.11140 Am I subject to this subpart]{.underline}?

\(a\) You are subject to this subpart if you own or operate a plant
specified in 40 CFR 61.61(c) that produces polyvinyl chloride (PVC) or
copolymers and is an area source of hazardous air pollutant (HAP)
emissions.

\(b\) This subpart applies to each new or existing affected source. The
affected source is the collection of all equipment and activities in
vinyl chloride service necessary to produce PVC and copolymers. An
affected source does not include portions of your PVC and copolymers
production operations that meet the criteria in 40 CFR 61.60(b) or (c).

\(1\) An affected source is existing if you commenced construction or
reconstruction of the affected source before October 6, 2006.

\(2\) An affected source is new if you commenced construction or
reconstruction of the affected source on or after October 6, 2006.

\(c\) This subpart does not apply to research and development
facilities, as defined in section 112(c)(7) of the Clean Air Act (CAA).

\(d\) You are exempt from the obligation to obtain a permit under 40 CFR
part 70 or 40 CFR part 71, provided you are not otherwise required by
law to obtain a permit under 40 CFR 70.3(a) or 40 CFR 71.3(a).
Notwithstanding the previous sentence, you must continue to comply with
the provisions of this subpart.

[§63.11141 What are my compliance dates]{.underline}?

\(a\) If you own or operate an existing affected source, you must
achieve compliance with the applicable provisions in this subpart by
\[INSERT date of publication\].

\(b\) If you own or operate a new affected source, you must achieve
compliance with the applicable provisions in this subpart by the dates
in paragraphs (b)(1) and (2) of this section.

\(1\) If you startup a new affected source on or before \[INSERT date of
publication\], you must achieve compliance with the applicable
provisions in this subpart not later than \[INSERT date of
publication\].

\(2\) If you startup a new affected source after \[INSERT date of
publication\], you must achieve compliance with the provisions in this
subpart upon startup of your affected source.

**Standards and Compliance Requirements**

[§63.11142 What are the standards and compliance requirements for new
and existing sources]{.underline}?

You must meet all the requirements in 40 CFR part 61, subpart F, except
for 40 CFR 61.62 and 40 CFR 61.63.

**Other Requirements and Information**

[§63.11143 What General Provisions apply to this subpar]{.underline}t?

\(a\) All the provisions in 40 CFR part 61, subpart A, apply to this
subpart.

\(b\) The provisions in 40 CFR part 63, subpart A, applicable to this
subpart are specified in paragraphs (b)(1) and (2) of this section.

\(1\) §63.1(a)(1) through (10).

\(2\) §63.1(b) except paragraph (b)(3), §63.1(c), and §63.1(e).

[§63.11144 What definitions apply to this subpart]{.underline}?

The terms used in this subpart are defined in the CAA; 40 CFR 61.02; 40
CFR 61.61; and §63.2 for terms used in the applicable provisions of part
63, subpart A, as specified in §63.11143(b).

[§63.11145 Who implements and enforces this subpart]{.underline}?

\(a\) This subpart can be implemented and enforced by the U.S. EPA or a
delegated authority such as a State, local, or tribal agency. If the
U.S. EPA Administrator has delegated authority to a 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 a State, local, or tribal
agency within your State.

\(b\) In delegating implementation and enforcement authority of this
subpart to a State, local, or tribal agency under 40 CFR part 63,
subpart E, the approval authorities contained in paragraphs (b)(1)
through (4) of this section are retained by the Administrator of the
U.S. EPA and are not transferred to the State, local, or tribal agency.

\(1\) Approval of an alternative means of emissions imitation under 40
CFR 61.12(d).

\(2\) Approval of a major change to test methods under 40 CFR 61.13(h).
A "major change to test method" is defined in §63.90.

\(3\) Approval of a major change to monitoring under 40 CFR 61.14(g). A
"major change to monitoring" is defined in §63.90.

\(4\) Approval of a major change to recordkeeping/reporting under 40 CFR
61.10. A "major change to recordkeeping/reporting" is defined in §63.90.

4\. Part 63 is amended by adding subpart EEEEEE to read as follows:

**Subpart EEEEEE----National Emission Standards for Hazardous Air
Pollutants for Primary Copper Smelting Area Sources**

Sec.

**Applicability and Compliance Dates**

63.11146 What are the applicability provisions and compliance dates?

**Standards and Compliance Requirements**

63.11147 What are the standards and compliance requirements for existing
sources not using batch copper converters?

63.11148 What are the standards and compliance requirements for existing
sources using batch copper converters?

63.11149 What are the standards and compliance requirements for new
sources?

**Other Requirements and Information**

63.11150 What General Provisions apply to this subpart?

63.11151 What definitions apply to this subpart?

63.11152 Who implements and enforces this subpart?

**Tables to Subpart EEEEEE of Part 63**

Table 1 to Subpart EEEEEE of Part 63----Applicability of General
Provisions to Subpart EEEEEE

**Applicability and Compliance Dates**

[§63.11146 What are the applicability provisions and compliance
dates]{.underline}?

\(a\) You are subject to this subpart if you own or operate a primary
copper smelter that is an area source of hazardous air pollutant (HAP)
emissions.

\(b\) This subpart applies to each new or existing affected source. The
affected source is each primary copper smelter.

\(1\) An affected source is existing if you commenced construction or
reconstruction of the affected source before October 6, 2006.

\(2\) An affected source is new if you commenced construction or
reconstruction of the affected source on or after October 6, 2006.

\(c\) This subpart does not apply to research and development
facilities, as defined in section 112(c)(7) of the Clean Air Act (CAA).

\(d\) If you own or operate an area source subject to this subpart, you
must obtain a permit under 40 CFR part 70 or 40 CFR part 71.

\(e\) If you own or operate an existing affected source, you must
achieve compliance with the applicable provisions of this subpart by
\[INSERT DATE OF PUBLICATION\].

\(f\) If you own or operate a new affected source, you must achieve
compliance with the applicable provisions of this subpart by the dates
in paragraphs (f)(1) and (2) of this section.

\(1\) If you startup a new affected source on or before \[INSERT DATE OF
PUBLICATION\], you must achieve compliance with the applicable
provisions of this subpart not later than \[INSERT DATE OF
PUBLICATION\].

\(2\) If you startup a new affected source after \[INSERT DATE OF
PUBLICATION\], you must achieve compliance with the applicable
provisions of this subpart upon startup of your affected source.

**Standards and Compliance Requirements**

[§63.11147 What are the standards and compliance requirements for
existing sources not using batch copper converters?]{.underline}

\(a\) [Emissions limits and work practice standards]{.underline}. (1)
You must not discharge to the atmosphere through any combination of
stacks or other vents captured process exhaust gases from the copper
concentrate dryers, smelting vessels, converting vessels, matte drying
and grinding plants, secondary gas systems, and anode refining
department that contain particulate matter less than 10 microns in
aerodynamic diameter (PM~10~) in excess of 89.5 pounds per hour (lb/hr)
on a 24-hour average basis.

\(2\) You must operate a capture system that collects the gases and
fumes released during the transfer of molten materials from smelting
vessels and converting vessels and conveys the collected gas stream to a
control device.

\(3\) You must operate one or more capture systems that collect the
gases and fumes released from each vessel used to refine blister copper,
remelt anode copper, or remelt anode scrap and convey each collected gas
stream to a control device. One control device may be used for multiple
collected gas streams.

(b) [Compliance requirements]{.underline}. For purposes of determining
compliance with the emissions limit in paragraph (a)(1) of this section,
you must comply with the requirements in paragraphs (b)(1) through (7)
of this section.

\(1\) You must calibrate, maintain and operate a system to continuously
measure emissions of particulate matter (PM) from the smelter's main
stack.

\(2\) All PM collected by the smelter main stack continuous PM sampling
system is reported as PM~10~ unless you demonstrate to the satisfaction
of the permitting authority that, due to an infrequent event, the
measured PM contains a large fraction of particles greater than 10
microns in diameter.

\(3\) To determine the mass emissions rate, the PM~10~ concentration as
determined by the smelter main stack continuous PM sampling system is
multiplied by the volumetric flow rate for the smelter main stack and
any necessary conversion factors.

\(4\) Compliance with the PM~10~ emissions limit is demonstrated based
on the average mass PM~10~ emissions rate for each 24‑hour period.

\(5\) The results of the PM monitoring and calculated average mass
PM~10~ emissions rate for each 24‑hour period must be recorded and the
records maintained for at least 5 years. Collected data must be
available for inspection when the required laboratory analysis is
completed.

\(6\) You must submit to the permitting authority by the 20^th^ day of
each month a report summarizing the 24-hour average mass PM~10~
emissions rates for the previous month.

\(7\) You may certify initial compliance with the emissions limit in
paragraph (a)(1) of this section based on the results of PM sampling
conducted during the previous month.

\(c\) [Operation and maintenance requirements]{.underline}. (1) At all
times, including periods of startup, shutdown, and malfunction, you must
to the extent practicable, maintain and operate any affected source,
including associated air pollution control equipment, in a manner
consistent with good air pollution control practice for minimizing
emissions. Determination of whether acceptable operating and maintenance
procedures are being used will be based on information available to the
permitting authority which may include, but is not limited to,
monitoring results, opacity observations, review of operating and
maintenance procedures, and inspection of the source.

\(2\) All pollution control equipment must be installed, maintained, and
operated properly. Instructions from the vendor or established
maintenance practices that maximize pollution control must be followed.
All necessary equipment control and operating devices, such as pressure
gauges, amp meters, volt meters, flow rate indicators, temperature
gauges, continuous emission monitors, etc., must be installed, operated
properly, and easily accessible to compliance inspectors. A copy of all
manufacturers\' operating instructions for pollution control equipment
and pollution emitting equipment must be maintained at your facility
site. These instructions must be available to all employees who operate
the equipment and must be made available to the permitting authority
upon request. Maintenance records must be made available to the
permitting authority upon request.

\(3\) You must document the activities performed to assure proper
operation and maintenance of the air pollution control equipment and
monitoring systems or devices.

\(4\) Except as provided in paragraph (c)(5) of this section, in the
event of an emergency situation the owner or operator must comply with
the requirements in paragraphs (c)(4)(i) through (iii) of this section.
For the purposes of complying with this paragraph, an emergency
situation is any situation arising from sudden and reasonably
unforeseeable events beyond the control of the facility owner or
operator that requires immediate corrective action to restore normal
operation, and that causes the affected source to exceed an applicable
emissions limitation under this subpart, due to unavoidable increases in
emissions attributable to the emergency. An emergency must not include
noncompliance to the extent it is caused by improperly designed
equipment, lack of preventive maintenance, careless or improper
operation, or operator error.

\(i\) During the period of the emergency, you must implement all
reasonable steps to minimize levels of emissions that exceed the
emissions standards or other applicable requirements in this subpart.

\(ii\) You must document through signed contemporaneous logs or other
relevant evidence that an emergency occurred and you can identify the
probable cause, your facility was being operated properly at the time
the emergency occurred, and the corrective actions taken to minimize
emissions as required by paragraph (c)(4)(i) of this section.

\(iii\) You must submit a notice of the emergency to the permitting
authority within two working days of the time when emissions limitations
were exceeded due to the emergency (or an alternate timeframe acceptable
to the permitting authority). This notice must contain a description of
the emergency, any steps taken to mitigate emissions, and corrective
actions taken.

\(5\) As an alternative to the requirements in paragraph (c)(4) of this
section, you must comply with the startup, shutdown, and malfunction
requirements in 40 CFR 63.6(e)(3).

\(d\) [Deviations]{.underline}. You must submit written notification to
the permitting authority of any deviation from the requirements of this
subpart, including the probable cause of such deviations and any
corrective actions or preventative measures taken. You must submit this
notification within 14 days of the date the deviation occurred.

\(e\) [Reports]{.underline}. You must submit semiannual monitoring
reports to your permitting authority. All instances of deviations from
the requirements of this subpart must be clearly identified in the
reports.

\(f\) [Records]{.underline}. (1) You must retain records of all required
monitoring data and support information. Support information includes
all calibration and maintenance records, all original strip charts or
appropriate recordings for continuous monitoring instrumentation, and
copies of all reports required by this subpart. For all monitoring
requirements, the owner or operator must record, where applicable, the
date, place, and time of sampling or measurement; the date analyses were
performed; the company or entity that performed the analyses; the
analytical techniques or methods used; the results of such analyses; and
the operating conditions existing at the time of sampling or
measurement.

\(2\) You must maintain records of the activities performed to assure
proper operation and maintenance of the air pollution control equipment
and monitoring systems or devices. Records of these activities must be
maintained for at least 5 years.

[§63.11148 What are the standards and compliance requirements for
existing sources using batch copper converters?]{.underline}

\(a\) [Emissions limits and work practice standards]{.underline}. (1)
For each copper concentrate dryer, you must not discharge to the
atmosphere from the dryer vent any gases that contain total particulate
matter (PM) in excess of 0.022 grains per dry standard cubic foot
(gr/dscf).

\(2\) You must exhaust the process off gas from each smelting vessel to
a control device according to the requirements in paragraphs (a)(2)(i)
and (ii) of this section.

\(i\) During periods when copper ore concentrate feed is charged to and
smelted to form molten copper matte and slag layers in the smelting
vessel, you must exhaust the process off gas from the smelting vessel to
a gas cleaning system controlling PM and to a sulfuric acid plant prior
to discharge to the atmosphere.

\(ii\) During periods when no copper ore concentrate feed is charged to
or molten material tapped from the smelting vessel but the smelting
vessel remains in operation to temporarily hold molten material in the
vessel before resuming copper production, you must exhaust the process
off gas from the smelting vessel to an electrostatic precipitator or
baghouse prior to discharge to the atmosphere.

\(3\) You must control the process emissions released when tapping
copper matte or slag from a smelting vessel according to paragraphs
(a)(3)(i) and (ii) of this section.

\(i\) You must operate a capture system that collects the gases and
fumes released when copper matte or slag is tapped from the smelting
vessel. The design and placement of this capture system must be such
that the tapping port opening, launder, and receiving vessel (e.g.,
ladle, slag pot) are positioned within the confines or influence of the
capture system\'s ventilation draft during those times when the copper
matte or slag is flowing from the tapping port opening.

\(ii\) You must not cause to be discharged to the atmosphere from the
capture system used to comply with paragraph (a)(3)(i) of this section
any gases that contain total PM in excess of 0.022 gr/dscf.

\(4\) For each batch copper converter, you must meet the requirements in
paragraphs (a)(4)(i) through (iv) of this section.

\(i\) You must operate a primary capture system that collects the
process off gas vented when one or more batch copper converters are
blowing. If you operate a batch copper converter that does not use a
"U"-shaped side flue located at one end of the converter, then the
capture system design must include use of a primary hood that covers the
entire mouth of each batch copper converter vessel when the copper
converter is positioned for blowing. The capture system may use multiple
intake and duct segments through which the ventilation rates are
controlled independently of each other.

\(ii\) If you operate a batch copper converter that does not use a
"U"-shaped side flue located at one end of the converter, then you must
operate a secondary capture system that collects gases and fumes
released from the batch copper converter when the converter mouth is
rotated out partially or totally from within the confines or influence
of the primary capture system\'s ventilation draft during charging,
skimming, pouring, or holding. The capture system design must use
additional hoods (e.g., sliding secondary hoods, air curtain hoods) or
other capture devices (e.g., building evacuation systems). The capture
system may use multiple intake and duct segments through which the
ventilation rates are controlled independently of each other, and
individual duct segments may be connected to separate PM control
devices.

\(iii\) You must exhaust the process off gas captured by the primary
capture system that is used to comply with paragraph (a)(4)(i) of this
section to a gas cleaning system controlling PM and to a sulfuric acid
plant prior to discharge to the atmosphere.

\(iv\) For each secondary capture system that is used to comply with
paragraph (a)(4)(ii) of this section and is not vented to a gas cleaning
system controlling PM and a sulfuric acid plant, you must not cause to
be discharged to the atmosphere any gases that contain total particulate
matter in excess of 0.02 grains/dscf.

\(b\) [Monitoring requirements for electrostatic
precipitators]{.underline}. To monitor the performance of each
electrostatic precipitator used to comply with the PM emissions limits
in paragraph (a) of this section, you must use a continuous opacity
monitoring system (COMS) that is installed at the outlet of each
electrostatic precipitator or a common duct at the outlet of multiple
electrostatic precipitators.

\(1\) Each COMS must meet Performance Specification 1 in 40 CFR part 60,
appendix B.

\(2\) You must comply with the quality assurance requirements in
paragraphs (b)(2)(i) through (v) of this section.

\(i\) You must automatically (intrinsic to the opacity monitor) check
the zero and upscale (span) calibration drifts at least once daily. For
a particular COMS, the acceptable range of zero and upscale calibration
materials is as defined in the applicable version of Performance
Specification 1 in 40 CFR part 60, appendix B.

\(ii\) You must adjust the zero and span whenever the 24-hour zero drift
or 24-hour span drift exceeds 4 percent opacity. The COMS must allow for
the amount of excess zero and span drift measured at the 24-hour
interval checks to be recorded and quantified. The optical surfaces
exposed to the effluent gases must be cleaned prior to performing the
zero and span drift adjustments, except for systems using automatic zero
adjustments. For systems using automatic zero adjustments, the optical
surfaces must be cleaned when the cumulative automatic zero compensation
exceeds 4 percent opacity.

\(iii\) You must apply a method for producing a simulated zero opacity
condition and an upscale (span) opacity condition using a certified
neutral density filter or other related technique to produce a known
obscuration of the light beam. All procedures applied must provide a
system check of the analyzer internal optical surfaces and all
electronic circuitry including the lamp and photodetector assembly.

\(iv\) Except during periods of system breakdowns, repairs, calibration
checks, and zero and span adjustments, the COMS must be in continuous
operation and must complete a minimum of one cycle of sampling and
analyzing for each successive 10 second period and one cycle of data
recording for each successive 6-minute period.

\(v\) You must reduce all data from the COMS to 6-minute averages.
Six-minute opacity averages must be calculated from 36 or more data
points equally spaced over each 6-minute period. Data recorded during
periods of system breakdowns, repairs, calibration checks, and zero and
span adjustments must not be included in the data averages. An
arithmetic or integrated average of all data may be used.

\(3\) You must evaluate opacity measurements from the COMS on a 24-hour
rolling average excluding periods of startup, shutdown, and malfunction.
If the 24-hour rolling average opacity exceeds 15 percent, you must
initiate investigation of the relevant controls or equipment within 24
hours of the first discovery of the high opacity incident and, if
necessary, take corrective action as soon as practicable to adjust or
repair the controls or equipment to reduce the opacity average to below
the 15 percent level.

\(4\) You must log in ink or electronic format and maintain a record of
24-hour opacity measurements performed in accordance with paragraph
(b)(3) of this section and any corrective actions taken, if any. A
record of corrective actions taken must include the date and time during
which the 24-hour rolling average opacity exceeded 15 percent and the
date, time and type of the corrective action.

\(c\) [Monitoring requirements for baghouses]{.underline}. To monitor
the performance of each baghouse used to comply with PM emissions limits
in paragraph (a) of this section, you must use a bag leak detection
system according to the requirements in paragraphs (c)(1) through (4) of
this section.

\(1\) You must install, calibrate, maintain, and continuously operate a
bag leak detection system for the baghouse to monitor the baghouse
performance.

\(2\) The baghouse leak detection system must meet the specifications
and requirements in paragraphs (c)(2)(i) through (v) of this section.

\(i\) The bag leak detection system must be certified by the
manufacturer to be capable of detecting particulate matter emissions at
concentrations that can effectively discern any dysfunctional leaks of
the baghouse.

\(ii\) The bag leak detection system sensor must provide output of
relative or absolute particulate matter loadings.

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

\(iv\) The bag leak detection system must be installed downstream of the
baghouse.

\(v\) The bag leak detection system must be installed, operated,
calibrated, and maintained in a manner consistent with the
manufacturer's written specifications and recommendations. The
calibration of the system must, at a minimum, consist of establishing
the relative baseline output level by adjusting the sensitivity and the
averaging period of the device and establishing the alarm set points and
the alarm delay time.

\(3\) If the bag leak detection system alarm sounds, you must initiate
investigation of the baghouse within 24 hours of the first discovery of
the alarm and, if necessary, take corrective action as soon as
practicable to adjust or repair the baghouse to minimize possible
exceedances of the applicable PM emissions limits in paragraph (a) of
this section.

\(4\) You must log in ink or electronic format and maintain a record of
installation, calibration, maintenance, and operation of the bag leak
detection system. If the bag leak detection system alarm sounds, the
records must include an identification of the date and time of all bag
leak detection alarms, their cause, and an explanation of the corrective
actions taken, if any.

\(d\) [Alternative monitoring requirements for baghouses]{.underline}.
As an alternative to the requirements in paragraph (c) of this section
for bag leak detection systems, you must monitor the performance of each
baghouse used to comply with a PM emissions limit in paragraph (a) of
this section using a COMS that is installed at the outlet on the
baghouse or a common duct at the outlet of multiple baghouses. Each COMS
must meet the requirements in paragraphs (b)(1) through (4) of this
section.

\(e\) [Performance testing]{.underline}. (1) You must demonstrate
initial compliance with the applicable PM emissions limits in paragraph
(a) of this section based on the results of a performance test for each
affected source.

\(i\) You may certify initial compliance for an affected source based on
the results of a previous performance test conducted within the past 12
months before your compliance date.

\(ii\) If you have not conducted a performance test to demonstrate
compliance with the applicable emissions limits within the past 12
months before your compliance date, you must conduct a performance test
within 180 days of your compliance date and report the results in your
notification of compliance status.

\(2\) You must demonstrate subsequent compliance with the applicable PM
emissions limits in paragraph (a) of this section based on the results
of repeat performance tests conducted at least every 2.5 years for each
affected source.

\(3\) You must conduct each performance test according to §63.7(e)(1)
using the test methods and procedures in paragraphs (e)(3)(i) through
(v) of this section.

\(i\) Method 1 or 1A (40 CFR part 60, appendix A) to select sampling
port locations and the number of traverse points in each stack or duct.
Sampling sites must be located at the outlet of the control device (or
at the outlet of the emissions source if no control device is present)
prior to any releases to the atmosphere.

\(ii\) Method 2, 2A, 2C, 2D, 2F, or 2G (40 CFR part 60, appendix A) to
determine the volumetric flow rate of the stack gas.

\(iii\) Method 3, 3A, or 3B (40 CFR part 60, appendix A) to determine
the dry molecular weight of the stack gas. You may use ANSI/ASME PTC
19.10-1981, "Flue and Exhaust Gas Analyses" (incorporated by
reference---see §63.14) as an alternative to EPA Method 3B.

\(iv\) Method 4 (40 CFR part 60, appendix A) to determine the moisture
content of the stack gas.

\(v\) Method 5 (40 CFR part 60, appendix A) to determine the PM
concentration for negative pressure baghouses or Method 5D (40 CFR part
60, appendix A) for positive pressure baghouses. A minimum of three
valid test runs are needed to comprise a PM performance test.

\(f\) [Operation and maintenance requirements]{.underline}. (1) At all
times, including periods of startup, shutdown, and malfunction, you must
to the extent practicable, maintain and operate any affected source,
including associated air pollution control equipment, in a manner
consistent with good air pollution control practice for minimizing
emissions. Determination of whether acceptable operating and maintenance
procedures are being used will be based on information available to the
permitting authority which may include, but is not limited to,
monitoring results, opacity observations, review of operating and
maintenance procedures, and inspection of the source.

\(2\) All pollution control equipment must be installed, maintained, and
operated properly. Instructions from the vendor or established
maintenance practices that maximize pollution control must be followed.
All necessary equipment control and operating devices, such as pressure
gauges, amp meters, volt meters, flow rate indicators, temperature
gauges, continuous emissions monitor, etc., must be installed, operated
properly and easily accessible to compliance inspectors. A copy of all
manufacturers\' operating instructions for pollution control equipment
and pollution emitting equipment must be maintained at your facility
site. These instructions must be available to all employees who operate
the equipment and must be made available to the permitting authority
upon request. Maintenance records must be made available to the
permitting authority upon request.

\(3\) You must document the activities performed to assure proper
operation and maintenance of the air pollution control equipment and
monitoring systems or devices. Records of these activities must be
maintained as required by the permitting authority.

\(4\) Except as specified in paragraph (f)(5) of this section, in the
event of an emergency situation, you must comply with the requirements
specified in paragraphs (f)(4)(i) through (iii) of this section. For the
purpose of complying with this paragraph, an emergency situation is any
situation arising from sudden and reasonably unforeseeable events beyond
the control of the facility owner or operator that requires immediate
corrective action to restore normal operation and that causes the
affected source to exceed applicable emission limitation under this
subpart due to unavoidable increases in emissions attributable to the
emergency. An emergency must not include noncompliance to the extent it
is caused by improperly designed equipment, lack of preventive
maintenance, careless or improper operation, or operator error.

\(i\) During the period of the emergency you must implement all
reasonable steps to minimize levels of emissions that exceeded the
emission standards or other applicable requirements in this subpart.

\(ii\) You must document through signed contemporaneous logs or other
relevant evidence that an emergency occurred and you can identify the
probable cause, your facility was being operated properly at the time
the emergency occurred, and the corrective actions taken to minimize
emissions as required by paragraph (f)(4)(i) of this section.

\(iii\) You must submit a notice of the emergency to the permitting
authority within two working days of the time when emission limitations
were exceeded due to the emergency (or an alternate timeframe acceptable
to the permitting authority). This notice must contain a description of
the emergency, any steps taken to mitigate emissions, and corrective
actions taken.

\(5\) As an alternative to the requirements in paragraph (f)(4) of this
section, you must comply with the startup, shutdown, and malfunction
requirements in 40 CFR 63.6(e)(3).

\(g\) [Recordkeeping requirements]{.underline}. (1) You must maintain
records of the occurrence and duration of any startup, shutdown, or
malfunction in the operation of an affected source subject to this
subpart; any malfunction of the air pollution control equipment; or any
periods during which a continuous monitoring system or monitoring device
is inoperative.

\(2\) You must maintain a file of all measurements, including continuous
monitoring system, monitoring device, and performance testing
measurements; all continuous monitoring system performance evaluations;
all continuous monitoring system or monitoring device calibration
checks; adjustments and maintenance performed on these systems or
devices; and all other information required by this section recorded in
a permanent form suitable for inspection. The file must be retained for
at least 5 years following the date of such measurements, maintenance,
reports.

\(h\) [Reporting requirements]{.underline}. (1) You must prepare and
submit to the permitting authority an excess emissions and monitoring
systems performance report and summary report every calendar quarter. A
less frequent reporting interval may used for either report as approved
by the permitting authority.

\(2\) The summary report must include the information in paragraphs
(h)(2)(i) through (iv) of this section.

\(i\) The magnitude of excess emissions computed, any conversion
factor(s) used, and the date and time of commencement and completion of
each time period of excess emissions. The process operating time during
the reporting period.

\(ii\) Specific identification of each period of excess emissions that
occurs during startups, shutdowns, and malfunctions of the affected
facility. The nature and cause of any malfunction (if known), the
corrective action taken or preventative measures adopted.

\(iii\) The date and time identifying each period during which the
continuous monitoring system was inoperative except for zero and span
checks and the nature of the system repairs or adjustments.

\(iv\) When no excess emissions have occurred or the continuous
monitoring system(s) have not been inoperative, repaired, or adjusted,
such information must be stated in the report.

[§63.11149 What are the standards and compliance requirements for new
sources?]{.underline}

\(a\) [Emissions limits and work practice standards]{.underline}. (1)
You must not discharge to the atmosphere exhaust gases that contain
total PM in excess of 0.6 pound per ton of copper concentrate feed
charged on a 24-hour average basis from any combination of stacks,
vents, or other openings on furnaces, reactors, or other types of
process vessels used for the production of anode copper from copper
sulfide ore concentrates by pyrometallurgical techniques. Examples of
such process equipment include, but are not limited to, copper
concentrate dryers, smelting flash furnaces, smelting bath furnaces,
converting vessels, combined smelting and converting reactors, anode
refining furnaces, and anode shaft furnaces.

\(2\) You must operate a capture system that collects the gases and
fumes released during the transfer of molten materials from smelting
vessels and converting vessels and conveys the collected gas stream to a
baghouse or other PM control device.

\(3\) You must operate one or more capture systems that collect the
gases and fumes released from each vessel used to refine blister copper,
remelt anode copper, or remelt anode scrap and convey each collected gas
stream to a baghouse or other PM control device. One control device may
be used for multiple collected gas streams.

\(b\) [Monitoring requirements]{.underline}. (1) You must install,
operate, and maintain a PM continuous emissions monitoring system (CEMS)
to measure and record PM concentrations and gas stream flow rates for
the exhaust gases discharged to the atmosphere from each affected source
subject to the emissions limit in paragraph (a)(1) of this section. A
single PM CEMS may be used for the combined exhaust gas streams from
multiple affected sources at a point before the gases are discharged to
the atmosphere. For each PM CEMS used to comply with this paragraph, you
must meet the requirements in paragraphs (b)(1)(i) through (iii) of this
section.

\(i\) You must install, certify, operate, and maintain the PM CEMS
according to EPA Performance Specification 11 in 40 CFR part 60,
appendix B, and the quality assurance requirements of Procedure 2 in 40
CFR part 60, appendix F.

\(ii\) You must conduct an initial performance evaluation of the PM CEMS
according to the requirements of Performance Specification 11 in 40 CFR
part 60, appendix B. Thereafter, you must perform the performance
evaluations as required by Procedure 2 in 40 CFR part 60, appendix F.

\(iii\) You must perform quarterly accuracy determinations and daily
calibration drift tests for the PM CEMS according to Procedure 2 in 40
CFR part 60, appendix F.

\(2\) You must install, operate, and maintain a weight measurement
system to measure and record the weight of the copper concentrate feed
charged to the smelting vessel on a daily basis.

\(c\) [Compliance requirements]{.underline}. (1) You must demonstrate
initial compliance with the emissions limit in paragraph (a)(1) of this
section using the procedures in paragraph (c)(2) this section within 180
days after startup and report the results in your notification of
compliance status no later than 30 days after the end of the compliance
demonstration.

\(2\) You must demonstrate continuous compliance with the emissions
limit in paragraph (a)(1) of this section using the procedures in
paragraph (c)(2)(i) through (iii) of this section whenever your facility
is producing copper from copper concentrate.

\(i\) You must continuously monitor and record PM emissions, determine
and record the daily (24-hour) value for each day, and calculate and
record the daily average pounds of total PM per ton of copper
concentrate feed charged to the smelting vessel according to the
requirements in paragraph (b) of this section.

\(ii\) You must calculate the daily average at the end of each calendar
day for the preceding 24-hour period.

\(iii\) You must maintain records of the calculations of daily averages
with supporting information and data, including measurements of the
weight of copper concentrate feed charged to the smelting vessel.
Collected PM CEMS data must be made available for inspection.

\(d\) [Alternative startup, shutdown, and malfunction
requirements]{.underline}. You must comply with the requirements
specified in this paragraph as an alternative to the requirements in 40
CFR 63.6(e)(3). In the event of an emergency situation, you must comply
with the requirements specified in paragraphs (d)(1) through (3) of this
section. For the purpose of complying with this paragraph, an emergency
situation is any situation arising from sudden and reasonably
unforeseeable events beyond the control of the facility owner or
operator that requires immediate corrective action to restore normal
operation, and that causes the affected source to exceed an applicable
emissions limitation under this subpart, due to unavoidable increases in
emissions attributable to the emergency. An emergency must not include
noncompliance to the extent it is caused by improperly designed
equipment, lack of preventive maintenance, careless or improper
operation, or operator error.

\(1\) During the period of the emergency, you must implement all
reasonable steps to minimize levels of emissions that exceeded the
emission standards or other applicable requirements in this subpart.

\(2\) You must document through signed contemporaneous logs or other
relevant evidence that an emergency occurred and you can identify the
probable cause, your facility was being operated properly at the time
the emergency occurred, and the corrective actions taken to minimize
emissions as required by paragraph (d)(1) of this section.

\(3\) You must submit a notice of the emergency to the permitting
authority within two working days of the time when emissions limitations
were exceeded due to the emergency (or an alternate timeframe acceptable
to the permitting authority). This notice must contain a description of
the emergency, any steps taken to mitigate emissions, and corrective
actions taken.

\(e\) [Reports]{.underline}. You must submit to the permitting authority
by the 20^th^ day of each month a summary of the daily average PM per
ton of copper concentrate feed charged to the smelting vessel for the
previous month.

**Other Requirements and Information**

[63.11150 What General Provisions apply to this subpart?]{.underline}

\(a\) If you own or operate a new or existing affected source, you must
comply with the requirements of the General Provisions (40 CFR part 63,
subpart A) as specified in Table 1 to this subpart.

\(b\) If you own or operate an existing affected source subject to
§63.11147, your notification of compliance status required by §63.9(h)
must include the information specified in paragraphs (b)(1) through (4)
of this section.

\(1\) If you certify initial compliance with the PM emissions limit in
§63.11147(a)(1) based on monitoring data from the previous month, your
notification of compliance status must include this certification of
compliance, signed by a responsible official: "This facility complies
with the PM emissions limit in §63.11147(a)(1) based on monitoring data
that were collected during the previous month."

\(2\) If you conduct a new performance test to demonstrate initial
compliance with the PM emissions limit in §63.11147(a)(1), your
notification of compliance status must include the results of the
performance test, including required monitoring data.

\(3\) Your notification of compliance status must include this
certification of compliance, signed by a responsible official, for the
work practice standard in §63.11147(a)(2): "This facility complies with
the requirement to capture gases from transfer of molten materials from
smelting vessels and converting vessels and convey them to a control
device in accordance with §63.11147(a)(2)."

\(4\) Your notification of compliance status must include this
certification of compliance, signed by a responsible official, for the
work practice standard in §63.11147(a)(3): "This facility complies with
the requirement to capture gases from operations in the anode refining
department and convey them to a PM control device in accordance with
§63.11147(a)(3)."

\(c\) If you own or operate an existing affected source subject to
§63.11148, your notification of compliance status required by §63.9(h)
must include the information specified in paragraphs (c)(1) through (4)
of this section.

\(1\) If you certify initial compliance with the PM emissions limit in
§63.11148(a)(1), (a)(3)(ii), and (a)(4)(iv) based on the results of a
previous performance test conducted within the past 12 months before
your compliance date, your notification of compliance status must
include this certification of compliance, signed by a responsible
official: "This facility complies with the PM emissions limit in
§63.11148(a)(1) based on the results of a previous performance test."

\(2\) If you conduct a new performance test to demonstrate initial
compliance with the PM emissions limits in §63.11148(a)(1), (a)(3)(ii),
and (a)(4)(iv), your notification of compliance status must include the
results of the performance test, including required monitoring data.

\(3\) Your notification of compliance status must include this
certification of compliance, signed by a responsible official, for the
work practice standards in §63.11148(a)(2), and (a)(4)(iii): "This
facility complies with the requirement to vent captured process gases to
a gas cleaning system controlling PM and to a sulfuric acid plant in
accordance with §63.11148(a)(2) and (a)(4)(iii)."

\(3\) Your notification of compliance status must include this
certification of compliance, signed by a responsible official, for the
work practice standard in §63.11148(a)(3)(i): "This facility complies
with the requirement to operate capture systems to collect gases and
fumes released when copper matte or slag is tapped from the smelting
vessel in accordance with §63.11148(a)(3)(i)."

\(4\) Your notification of compliance status must include this
certification of compliance, signed by a responsible official, for the
work practice standard in §63.11148(a)(4): "This facility complies with
the requirement to operate capture systems to collect gases and fumes
released during batch copper converter operations in accordance with
§63.11148(a)(4)."

\(d\) If you own or operate a new affected source, your notification of
compliance status required by §63.9(h) must include the information in
paragraphs (d)(1) through (3) of this section.

\(1\) Your notification of compliance status must include the results of
the initial performance test and monitoring data collected during the
test that demonstrate compliance with the emissions limit in
§63.11149(a)(1).

\(2\) Your notification of compliance status must include this
certification of compliance, signed by a responsible official, for the
work practice standard in §63.11149(a)(2): "This facility complies with
the requirement to capture gases from transfer of molten materials from
smelting vessels and converting vessels and convey them to a PM control
device in accordance with §63.11149(a)(2)."

\(3\) Your notification of compliance status must include this
certification of compliance, signed by a responsible official, for the
work practice standard in §63.11149(a)(3): "This facility complies with
the requirement to capture gases from each vessel used to refine blister
copper, remelt anode copper, or remelt anode scrap, and convey them to a
PM control device in accordance with §63.11149(a)(3)."

[§63.11151 What definitions apply to this subpart]{.underline}?

Terms used in this subpart are defined in the CAA, in 40 CFR 63.2, and
in this section as follows:

[Anode refining department]{.underline} means Number range CHAPTERthe
area at a primary copper smelter in which anode copper refining
operations are performed. Emissions sources in the anode refining
department include anode refining furnaces and anode shaft furnaces.

Number range CHAPTER Number range CHAPTER[Baghouse]{.underline} means a
control device that collects particulate matter by filtering the gas
stream through bags. A [baghouse]{.underline} is also referred to as a
\"fabric filter.\"

[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 in order to detect bag leaks and other
upset conditions. A bag leak detection system includes, but is not
limited to, an instrument that operates on triboelectric, light
scattering, transmittance or other effect to continuously monitor
relative particulate matter loadings.

Number range CHAPTER[Batch copper converter]{.underline} means a
converter in which molten copper matte is charged and then oxidized to
form blister copper by a process that is performed in discrete batches
using a sequence of charging, blowing, skimming, and pouring.

[Capture system]{.underline} means the collection of components used to
capture gases and fumes released from one or more emissions points and
then convey the captured gas stream to a control device. A capture
system may include, but is not limited to, the following components as
applicable to a given capture system design: duct intake devices, hoods,
enclosures, ductwork, dampers, manifolds, plenums, and fans.

Number range CHAPTER[Charging]{.underline} means the operating mode for
a batch copper converter during which molten or solid material is added
into the vessel.

[Control device]{.underline} means air pollution control equipment used
to remove PM from a gas stream.

[Converting vessel]{.underline} means a furnace, reactor, or other type
of vessel in which Number range CHAPTERcopper matte is oxidized to form
blister copper.

[Copper concentrate]{.underline} means copper ore that has been
beneficiated to increase its copper content.

[Copper concentrate dryer]{.underline} means a vessel in which copper
concentrates are heated in the presence of air to reduce the moisture
content of the material. Supplemental copper-bearing feed materials and
fluxes may be added or mixed with the copper concentrates fed to a
copper concentrate dryer.

[Copper concentrate feed]{.underline} means the mixture of copper
concentrate, secondary copper-bearing materials, recycled slags and
dusts, fluxes, and other materials blended together for feeding to the
smelting vessel.

Number range CHAPTER[Copper matte]{.underline} means a material
predominately composed of copper and iron sulfides produced by smelting
copper ore concentrates.

[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 emissions limitation or work
practice standard;

\(2\) 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 emissions limitation or work practice standard
in this subpart during startup, shutdown, or malfunction, regardless of
whether or not such failure is permitted by this subpart.

Number range CHAPTER[Holding]{.underline} means the operating mode for a
batch copper converter or a holding furnace associated with a smelting
furnace during which the molten bath is maintained in the vessel but no
blowing or smelting is performed nor is material added into or removed
from the vessel.

[Matte drying and grinding plant]{.underline} means the area at a
primary copper smelter in which wet granulated matte copper is ground in
a mill, dried by blowing heated air through the mill, and then separated
from the drying air stream using a control device such as a baghouse.

Number range CHAPTER[Pouring]{.underline} means the operating mode for a
batch copper converter during which molten copper is removed from the
vessel.

[Primary copper smelter]{.underline} means any installation or any
intermediate process engaged in the production of copper from copper
sulfide ore concentrates through the use of pyrometallurgical
techniques.

[Responsible official]{.underline} means responsible official as defined
at 40 CFR 70.2.

[Secondary gas system]{.underline} means Number range CHAPTERa capture
system that collects the gases and fumes released when removing and
transferring molten materials from one or more vessels using tapping
ports, launders, and other openings in the vessels. Examples of molten
material include, but are not limited to: copper matte, slag, and
blister copper.

Number range CHAPTER[Skimming]{.underline} means the batch copper
converter operating mode during which molten slag is removed from the
vessel.

[Smelting vessel]{.underline} means a furnace, reactor, or other type of
vessel in which copper ore concentrate and fluxes are smelted to form a
molten mass of material containing copper matte and slag. Other
copper-bearing materials may also be charged to the smelting vessel.

[Work practice standard]{.underline} means any design, equipment, work
practice, or operational standard, or combination thereof.

[§63.11152 Who implements and enforces this subpart]{.underline}?

\(a\) This subpart can be implemented and enforced by the U.S. EPA, or a
delegated authority such as a State, local, or tribal agency. If the
U.S. EPA Administrator has delegated authority to a 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 a State, local, or tribal
agency within your State.

\(b\) In delegating implementation and enforcement authority of 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 will not be delegated to State, local, or
tribal agencies are listed in paragraphs (c)(1) through (5) of this
section.

\(1\) Approval of an alternative non-opacity emissions standard under
§63.6(g).

\(2\) Approval of an alternative opacity emissions standard under
§63.6(h)(9).

\(3\) Approval of a major change to a test method under §63.7(e)(2)(ii)
and (f). A "major change to test method" is defined in §63.90.

\(4\) Approval of a major change to monitoring under §63.8(f). A "major
change to monitoring" is defined in §63.90.

\(5\) Approval of a major change to recordkeeping/ reporting under
§63.10(f). A "major change to recordkeeping/reporting" is defined in
§63.90.

**Tables to Subpart EEEEEE of Part 63**

TABLE 1 TO SUBPART EEEEEE OF PART 63----APPLICABILITY OF GENERAL
PROVISIONS TO SUBPART EEEEEE

As required in §63.11150(a), you must comply with the requirements of
the NESHAP General Provisions (40 CFR part 63, subpart A) as shown in
the following table.

  ------------------------ ------------------ ------------ ---------------------
  Citation                 Subject            Applies to   Explanation
                                              Subpart      
                                              EEEEEE?      

  63.1(a)(1), (a)(2),      Applicability      Yes.         
  (a)(3), (a)(4), (a)(6),                                  
  (a)(10)-(a)(12) (b)(1),                                  
  (b)(3), (c)(1), (c)(2),                                  
  (c)(5), (e)                                              

  63.1(a)(5),              Reserved           No.          
  (a)(7)-(a)(9), (b)(2),                                   
  (c)(3), (c)(4), (d)                                      

  63.2                     Definitions        Yes.         

  63.3                     Units and          Yes.         
                           Abbreviations                   

  63.4                     Prohibited         Yes.         
                           Activities and                  
                           Circumvention                   

  63.5                     Preconstruction    No.          
                           Review and                      
                           Notification                    
                           Requirements                    

  63.6(a), (b)(1)-(b)(5),  Compliance with    Yes.         
  (b)(7), (c)(1), (c)(2),  Standards and                   
  (c)(5)                   Maintenance                     
                           Requirements -                  
                           Applicability and               
                           Compliance Dates                

  63.6(e)                  Operation and      Yes/No.      Operation and
                           Maintenance                     maintenance
                           Requirements                    requirements do not
                                                           apply to existing
                                                           sources except that
                                                           the startup,
                                                           shutdown, and
                                                           malfunction
                                                           requirements in
                                                           §63.6(e)(3) are
                                                           allowed as an
                                                           alternative to the
                                                           rule requirements for
                                                           emergency situations.
                                                           Operation and
                                                           maintenance
                                                           requirements apply to
                                                           new sources except
                                                           that the rule
                                                           requirements for
                                                           emergency situations
                                                           are allowed as an
                                                           alternative to the
                                                           startup, shutdown,
                                                           and malfunction
                                                           requirements in
                                                           §63.6(e)(3).

  63.6(f), (g), (i), (j)   Compliance with    Yes.         
                           Nonopacity                      
                           Emission Standards              

  63.6(b)(6), (c)(3),      Reserved           No.          
  (c)(4), (d), (e)(2),                                     
  (e)(3)(ii), (h)(3),                                      
  (h)(5)(iv)                                               

  63.6(h)(1)-(h)(4),                          Yes/No.      Requirements apply to
  (h)(5)(i)-(h)(5)(iii),                                   new sources but not
  (h)(6)-(h)(9)                                            existing sources.

  63.7(a), (e), (f), (g),  Performance        Yes.         
  (h)                      Testing                         
                           Requirements                    

  63.7(b), (c)                                Yes/No.      Notification of
                                                           performance tests and
                                                           quality assurance
                                                           program apply to new
                                                           sources but not
                                                           existing sources.

  63.8(a)(1), (a)(2), (b), Monitoring         Yes.         
  (c), (f), (g)            Requirements                    

  63.8(a)(3)               Reserved           No.          

  63.8(a)(4)                                  No.          Subpart EEEEEE does
                                                           not require flares.

  63.8(d), (e)                                Yes/No.      Requirements for
                                                           quality control
                                                           program and
                                                           performance
                                                           evaluations apply to
                                                           new sources but not
                                                           existing sources.

  63.9(a), (b)(1), (b)(2), Notification       Yes.         
  (b)(5), (c), (d),        Requirements                    
  (h)(1)-(h)(3), (h)(5),                                   
  (h)(6), (i), (j)                                         

  63.9(b)(3), (h)(4)       Reserved           No.          

  63.9(b)(4), (f)                             No.          

  63.9(e), (g)                                Yes/No.      Notification
                                                           requirements for
                                                           performance test and
                                                           use of continuous
                                                           monitoring systems
                                                           apply to new sources
                                                           but not existing
                                                           sources.

  63.10(a), (b)(1),        Recordkeeping and  Yes/No.      Recordkeeping
  (d)(1), (d)(2), (d)(4),  Reporting                       requirements apply to
  (d)(5), (f)              Requirements                    new sources but not
                                                           existing sources.

  63.10(b)(2), (b)(3),                        Yes/No.      Recordkeeping
  (c)(1) (c)(5)-(c)(8),                                    requirements apply to
  (c)(10)-(c)(15), (e)(1),                                 new sources but not
  (e)(2)                                                   existing sources.

  63.10(c)(2)-(c)(4),      Reserved           No.          
  (c)(9)                                                   

  63.10(d)(3), (e)(4)                         No.          Reporting
                                                           requirements apply to
                                                           new sources but not
                                                           existing sources.

  63.10(e)(3)                                 Yes/No.      Reporting
                                                           requirements apply to
                                                           new sources but not
                                                           existing sources.

  63.11                    Control Device     No.          Subpart EEEEEE does
                           Requirements                    not require flares.

  63.12                    State Authorities  Yes.         
                           and Delegations.                

  63.13                    Addresses.         Yes.         

  63.14                    Incorporations by  Yes.         
                           Reference.                      

  63.15                    Availability of    Yes.         
                           Information and                 
                           Confidentiality                 

  63.16                    Performance Track  Yes.         
                           Provisions                      
  ------------------------ ------------------ ------------ ---------------------

5\. Part 63 is amended by adding subpart FFFFFF to read as follows:

**Subpart FFFFFF----National Emission Standards for Hazardous Air
Pollutants for Secondary Copper Smelting Area Sources**

Sec.

**Applicability and Compliance Dates**

63.11153 Am I subject to this subpart?

63.11154 What are my compliance dates?

**Standards and Compliance Requirements**

63.11155 What are the standards and compliance requirements for new
sources?

63.11156 \[Reserved\]

**Other Requirements and Information**

63.11157 What General Provisions apply to this subpart?

63.11158 What definitions apply to this subpart?

63.11159 Who implements and enforces this subpart?

**Tables to Subpart FFFFFF of Part 63**

Table 1 to Subpart FFFFFF of Part 63\--Applicability of General
Provisions to Subpart FFFFFF

**Applicability and Compliance Dates**

[§63.11153 Am I subject to this subpart]{.underline}?

\(a\) You are subject to this subpart if you own or operate a new
secondary copper smelter that is an area source of hazardous air
pollutant (HAP) emissions.

\(b\) This subpart applies to each new affected source. The affected
source is each secondary copper smelter. Your secondary copper smelter
is a new affected source if you commenced construction or reconstruction
of the affected source before October 6, 2006.

\(c\) This subpart does not apply to research and development
facilities, as defined in section 112(c)(7) of the CAA.

\(d\) If you own or operate an area source subject to this subpart, you
must obtain a permit under 40 CFR part 70 or 40 CFR part 71.

[§63.11154 What are my compliance dates]{.underline}?

\(a\) If you startup a new affected source on or before \[INSERT Date of
publication\], you must achieve compliance with the applicable
provisions of this subpart not later than \[INSERT date of
publication\].

\(b\) If you startup a new affected source after \[INSERT date of
publication\], you must achieve compliance with the applicable
provisions of this subpart upon startup of your affected source.

**Standards and Compliance Requirements**

[§63.11155 What are the standards and compliance requirements for new
sources?]{.underline}

\(a\) You must not discharge to the atmosphere any gases which contain
particulate matter (PM) in excess of 0.002 grains per dry standard cubic
foot (gr/dscf) from the exhaust vent of any capture system for a
smelting furnace, melting furnace, or other vessel that contains molten
material and any capture system for the transfer of molten material.

\(b\) For each smelting furnace, melting furnace, or other vessel that
contains molten material, you must install and operate a capture system
that collects the gases and fumes from the vessel and from the transfer
of molten material and convey the collected gas stream to a control
device.

\(c\) You must prepare and operate at all times according to a written
plan for the selection, inspection, and pretreatment of copper scrap to
minimize, to the extent practicable, the amount of oil and plastics in
the scrap that is charged to the smelting furnace. Your plan must
include a training program for scrap inspectors. You must keep records
to demonstrate continuous compliance with the requirements of your plan.
You must keep a current copy of your pollution prevention plan onsite
and available for inspection.

\(d\) You must install, operate, and maintain a bag leak detection
system on all baghouses used to comply with the PM emissions limit in
paragraph (a) of this section according to paragraph (d)(1) of this
section, prepare and operate by a site-specific monitoring plan
according to paragraph (d)(2) of this section, take corrective action
according to paragraph (d)(3) of this section, and record information
according to paragraph (d)(4) of this section.

\(1\) Each bag leak detection system must meet the specifications and
requirements in paragraphs (d)(1)(i) through (viii) of this section.

\(i\) The bag leak detection system must be certified by the
manufacturer to be capable of detecting PM emissions at concentrations
of 1 milligram per actual cubic meter (0.00044 grains per actual cubic
foot) or less.

\(ii\) The bag leak detection system sensor must provide output of
relative PM loadings. The owner or operator must continuously record the
output from the bag leak detection system using electronic or other
means ([e.g]{.underline}., using a strip chart recorder or a data
logger.)

\(iii\) The bag leak detection system must be equipped with an alarm
system that will sound when the system detects an increase in relative
particulate loading over the alarm set point established according to
paragraph (d)(1)(iv) of this section, and the alarm must be located such
that it can be heard by the appropriate plant personnel.

\(iv\) In the initial adjustment of the bag leak detection system, you
must establish, at a minimum, the baseline output by adjusting the
sensitivity (range) and the averaging period of the device, the alarm
set points, and the alarm delay time.

\(v\) Following initial adjustment, you must not adjust the averaging
period, alarm set point, or alarm delay time without approval from the
Administrator or delegated authority except as provided in paragraph
(d)(1)(vi) of this section.

\(vi\) Once per quarter, you may adjust the sensitivity of the bag leak
detection system to account for seasonal effects, including temperature
and humidity, according to the procedures identified in the
site-specific monitoring plan required by paragraph (d)(2) of this
section.

\(vii\) You must install the bag leak detection sensor downstream of the
baghouse and upstream of any wet scrubber.

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

\(2\) You must develop and submit to the Administrator or delegated
authority for approval a site-specific monitoring plan for each bag leak
detection system. You must operate and maintain the bag leak detection
system according to the site-specific monitoring plan at all times. For
each bag leak detection system that operates on the triboelectric
effect, the monitoring plan must be consistent with the recommendations
contained in the \"Fabric Filter Bag Leak Detection Guidance\"
(EPA-454/R-98-015) currently available at
[[http://www.epa.gov/ttn.emc01/cem/tribo.pdf.]{.underline}](http://www.epa.gov/ttn.emc01/cem/tribo.pdf.)
Each monitoring plan must describe the items in paragraphs (d)(2)(i)
through (vi) of this section.

\(i\) Installation of the bag leak detection system;

\(ii\) Initial and periodic adjustment of the bag leak detection system,
including how the alarm set-point will be established;

\(iii\) Operation of the bag leak detection system, including quality
assurance procedures;

\(iv\) How the bag leak detection system will be maintained, including a
routine maintenance schedule and spare parts inventory list;

\(v\) How the bag leak detection system output will be recorded and
stored; and

\(vi\) Corrective action procedures as specified in paragraph (d)(3) of
this section. In approving the site-specific monitoring plan, the
Administrator or delegated authority may allow owners and operators more
than 3 hours to alleviate a specific condition that causes an alarm if
the owner or operator identifies in the monitoring plan this specific
condition as one that could lead to an alarm, adequately explains why it
is not feasible to alleviate this specific condition within 3 hours of
the time the alarm occurs, and demonstrates that the requested time will
ensure alleviation of this condition as expeditiously as practicable.

\(3\) For each bag leak detection system, you must initiate procedures
to determine the cause of every alarm within 1 hour of the alarm. Except
as provided in paragraph (d)(2)(vi) of this section, you must alleviate
the cause of the alarm within 3 hours of the alarm by taking whatever
corrective action(s) are necessary. Corrective actions may include, but
are not limited to the following:

\(i\) Inspecting the baghouse for air leaks, torn or broken bags or
filter media, or any other condition that may cause an increase in
particulate 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; or

\(vi\) Shutting down the process producing the particulate emissions.

\(4\) You must maintain records of the information specified in
paragraphs (d)(4)(i) through (iii) of this section for each bag leak
detection system.

\(i\) Records of the bag leak detection system output;

\(ii\) Records of bag leak detection system adjustments, including the
date and time of the adjustment, the initial bag leak detection system
settings, and the final bag leak detection system settings; and

\(iii\) The date and time of all bag leak detection system alarms, the
time that procedures to determine the cause of an alarm were initiated,
whether procedures were initiated within 1 hour of the alarm, the cause
of the alarm, an explanation of the actions taken, the date and time the
cause of the alarm was alleviated, and whether the alarm was alleviated
within 3 hours of the alarm.

\(e\) You must conduct a performance test to demonstrate initial
compliance with the PM emissions limit within 180 days after startup and
report the results in your notification of compliance status. You must
conduct each PM test according to §63.7(e)(1) using the test methods and
procedures in paragraphs (e)(1) through (5) of this section.

\(1\) Method 1 or 1A (40 CFR part 60, appendix A) to select sampling
port locations and the number of traverse points in each stack or duct.
Sampling sites must be located at the outlet of the control device (or
at the outlet of the emissions source if no control device is present)
prior to any releases to the atmosphere.

\(2\) Method 2, 2A, 2C, 2D, 2F, or 2G (40 CFR part 60, appendix A) to
determine the volumetric flow rate of the stack gas.

\(3\) Method 3, 3A, or 3B (40 CFR part 60, appendix A) to determine the
dry molecular weight of the stack gas. You may use ANSI/ASME PTC
19.10-1981, "Flue and Exhaust Gas Analyses (incorporated by
reference---see §63.14) as an alternative to EPA Method 3B.

\(4\) Method 4 (40 CFR part 60, appendix A) to determine the moisture
content of the stack gas.

\(5\) Method 5 (40 CFR part 60, appendix A) to determine the PM
concentration for negative pressure baghouses and Method 5D (40 CFR part
60, appendix A) for positive pressure baghouses. The sampling time and
volume for each run must be at least 60 minutes and 0.85 dry standard
cubic meters (30 dry standard cubic feet). A minimum of three valid test
runs are needed to comprise a PM performance test.

\(f\) You must conduct subsequent performance tests to demonstrate
compliance with the PM emissions limit at least once every 5 years.

\(g\) If you use a control device other than a baghouse, you must
prepare and submit a monitoring plan to the Administrator for approval.
Each plan must contain the information in paragraphs (g)(1) through (5)
of this section.

\(1\) A description of the device;

\(2\) Test results collected in accordance with paragraph (e) of this
section verifying the performance of the device for reducing PM to the
levels required by this subpart;

\(3\) Operation and maintenance plan for the control device (including a
preventative maintenance schedule consistent with the manufacturer's
instructions for routine and long-term maintenance) and continuous
monitoring system.

\(4\) A list of operating parameters that will be monitored to maintain
continuous compliance with the applicable emission limits; and

\(5\) Operating parameter limits based on monitoring data collected
during the performance test.

[§63.11156 \[Reserved\]]{.underline}

**Other Requirements and Information**

[§63.11157 What General Provisions apply to this subpart]{.underline}?

\(a\) If you own or operate a new affected source, you must comply with
the requirements of the General Provisions in 40 CFR part 63, subpart A
as specified in Table 1 to this subpart.

\(b\) Your notification of compliance status required by §63.9(h) must
include the following:

\(1\) The results of the initial performance tests and monitoring data
collected during the test.

\(2\) This certification of compliance, signed by a responsible
official, for the work practice standard in §63.1155(b): "This facility
complies with the requirement for a capture system for each smelting
furnace, melting furnace, or other vessel that contains molten material
in accordance with §63.11155(b)."

\(3\) This certification of compliance, signed by a responsible
official, for the work practice standard in §63.11155(c): "This facility
complies with the requirement for a written plan for the selection,
inspection, and pretreatment of copper scrap in accordance with
§63.11155(c)."

\(4\) This certification of compliance, signed by a responsible
official, for the work practice standard in §63.11155(d)(2): "This
facility has an approved monitoring plan in accordance with
§63.11155(d)(2)."

\(5\) This certification of compliance, signed by a responsible
official, for the work practice standard in §63.11157(g): "This facility
has an approved monitoring plan in accordance with §63.11157(g)."

[§63.11158 What definitions apply to this subpart]{.underline}?

Terms used in this subpart are defined in the CAA, in 40 CFR 63.2, and
in this section as follows:

[Anode copper]{.underline} means copper that is cast into anodes and
refined in an electrolytic process to produce high purity copper.

[Capture system]{.underline} means the collection of components used to
capture gases and fumes released from one or more emissions points and
then convey the captured gas stream to a control device. A capture
system may include, but is not limited to, the following components as
applicable to a given capture system design: duct intake devices, hoods,
enclosures, ductwork, dampers, manifolds, plenums, and fans.

[Melting furnace]{.underline} means any furnace, reactor, or other type
of vessel that heats solid materials and produces a molten mass of
material.

[Secondary copper smelter]{.underline} means a facility that processes
copper scrap in a blast furnace and converter or that uses another
pyrometallurgical purification process to produce anode copper from
copper scrap, including low-grade copper scrap. A facility where
recycled copper scrap or copper alloy scrap is melted to produce ingots
or for direct use in a manufacturing process is not a secondary copper
smelter.

[Smelting furnace]{.underline} means any furnace, reactor, or other type
of vessel in which copper scrap and fluxes are melted to form a molten
mass of material containing copper and slag.

[Work practice standard]{.underline} means any design, equipment, work
practice, or operational standard, or combination thereof.

[§63.11159 Who implements and enforces this subpart]{.underline}?

\(a\) This subpart can be implemented and enforced by the U.S. EPA, or a
delegated authority such as a State, local, or tribal agency. If the
U.S. EPA Administrator has delegated authority to a 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 a State, local, or tribal
agency.

\(b\) In delegating implementation and enforcement authority of 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 will not be delegated to State, local, or
tribal agencies are listed in paragraphs (c)(1) through (4) of this
section.

\(1\) Approval of an alternative non-opacity emissions standard under
§63.6(g).

\(2\) Approval of a major change to test methods under §63.7(e)(2)(ii)
and (f). A "major change to test method" is defined in §63.90.

\(3\) Approval of a major change to monitoring under §63.8(f). A "major
change to monitoring" is defined in §63.90.

\(4\) Approval of a major change to recordkeeping/ reporting under
§63.10(f). A "major change to recordkeeping/reporting" is defined in
§63.90.

**Tables to Subpart FFFFFF of Part 63**

TABLE 1 TO SUBPART FFFFFF OF PART 63----APPLICABILITY OF GENERAL
PROVISIONS TO SUBPART FFFFFF

As required in §63.11157(a), you must comply with the requirements of
the General Provisions (40 CFR part 63, subpart A) as shown in the
following table.

  ------------------------------- -------------------- ----------- ------------------
  Citation                        Subject              Applies to  Explanation
                                                       Subpart     
                                                       FFFFFF?     

  63.1(a)(1), (a)(2), (a)(3),     Applicability        Yes.        
  (a)(4), (a)(6), (a)(10)-(a)(12)                                  
  (b)(1), (b)(3), (c)(1), (c)(2),                                  
  (c)(5), (e)                                                      

  63.1(a)(5), (a)(7)-(a)(9),      Reserved             No.         
  (b)(2), (c)(3), (c)(4), (d)                                      

  63.2                            Definitions          Yes.        

  63.3                            Units and            Yes.        
                                  Abbreviations                    

  63.4                            Prohibited           Yes.        
                                  Activities and                   
                                  Circumvention                    

  63.5                            Preconstruction      No.         
                                  Review and                       
                                  Notification                     
                                  Requirements                     

  63.6(a), (b)(1)-(b)(5), (b)(7), Compliance with      Yes.        
  (c)(1), (c)(2), (c)(5),         Standards and                    
  (e)(3)(i),                      Maintenance                      
  (e)(3)(iii)-(e)(3)(ix), (f),    Requirements                     
  (g), (i), (j)                                                    

  63.6(b)(6), (c)(3), (c)(4),     Reserved             No.         
  (d), (e)(2), (e)(3)(ii),                                         
  (h)(3), (h)(5)(iv)                                               

  63.6(h)(1)-(h)(4),                                   No.         Subpart FFFFFF
  (h)(5)(i)-(h)(5)(iii),                                           does not include
  (h)(6)-(h)(9)                                                    opacity or visible
                                                                   emissions
                                                                   standards.

  63.7                            Performance Testing  Yes.        
                                  Requirements                     

  63.8(a)(1), (a)(2), (b),        Monitoring           Yes.        
  (f)(1)-(5)                      Requirements                     

  63.8(a)(3)                      Reserved             No.         

  63.8(c), (d), (e), (f)(6), (g)                       No.         Subpart FFFFFF
                                                                   does not require a
                                                                   continuous
                                                                   monitoring system.

  63.8(a)(4)                                           No...       Subpart FFFFFF
                                                                   does not require
                                                                   flares.

  63.9(a), (b)(1), (b)(2),        Notification         Yes.        
  (b)(5), (c), (d), (e), (f),     Requirements                     
  (g), (h)(1)-(h)(3), (h)(5),                                      
  (h)(6), (i), (j)                                                 

  63.9(b)(3), (h)(4)              Reserved             No.         

  63.9(b)(4)                                           No.         

  63.9(f)                                              No...       Subpart FFFFFF
                                                                   does not include
                                                                   opacity or visible
                                                                   emissions
                                                                   standards.

  63.9(g)                                              No...       Subpart FFFFFF
                                                                   does not require a
                                                                   continuous
                                                                   monitoring system.

  63.10(a), (b)(2)(i)-(b)(2)(v),  Recordkeeping and    Yes.        
  (b)(2)(xiv), (d)(1), (d)(2),    Reporting                        
  (d)(4), (d)(5), (e)(1), (e)(2), Requirements                     
  (f)                                                              

  63.10(c)(2)-(c)(4), (c)(9)      Reserved             No.         

  63.10(b)(2)(vi)-(b)(2)(xiii),                                    Subpart FFFFFF
  (c)(1), (c)(5)-(c)(14),                                          does not require a
  (e)(1)-(e)(2), (e)(4)                                            continuous
                                                                   monitoring system.

  63.10(d)(3)                                          No...       Subpart FFFFFF
                                                                   does not include
                                                                   opacity or visible
                                                                   emissions
                                                                   standards.

  63.10(e)(3)                                          Yes.        

  63.11                           Control Device       No...       Subpart FFFFFF
                                  Requirements                     does not require
                                                                   flares.

  63.12                           State Authorities    Yes.        
                                  and Delegations.                 

  63.13                           Addresses.           Yes.        

  63.14                           Incorporations by    Yes.        
                                  Reference.                       

  63.15                           Availability of      Yes.        
                                  Information and                  
                                  Confidentiality.                 

  63.16                           Performance Track    Yes.        
                                  Provisions.                      
  ------------------------------- -------------------- ----------- ------------------

6\. Part 63 is amended by adding subpart GGGGGG to

read as follows:

**Subpart GGGGGG---National Emission Standards for Hazardous Air
Pollutants for Primary Nonferrous Metals Area Sources\--Zinc, Cadmium,
and Beryllium**

Sec.

**Applicability** **and Compliance Dates**

63.11160 Am I subject to this subpart?

63.11161 What are my compliance dates?

**Primary Zinc Production Facilities**

63.11162 What are the standards and compliance requirements for existing
sources?

63.11163 What are the standards and compliance requirements for new
sources?

63.11164 What General Provisions apply to primary zinc production
facilities?

**Primary Beryllium Production Facilities**

63.11165 What are the standards and compliance requirements for new and
existing sources?

63.11166 What General Provisions apply to primary beryllium production
facilities?

**Other Requirements and Information**

63.11167 What definitions apply to this subpart?

63.11168 Who implements and enforces this subpart?

**Applicability and Compliance Dates**

[§63.11160 Am I subject to this subpart]{.underline}?

\(a\) You are subject to this subpart if you own or operate a primary
zinc production facility or primary beryllium production facility that
is an area source of hazardous air pollutant (HAP) emissions.

\(b\) The affected source is each existing or new primary zinc
production facility or primary beryllium production facility.

\(1\) An affected source is existing if you commenced construction or
reconstruction of the affected source before October 6, 2006.

\(2\) An affected source is new if you commenced construction or
reconstruction of the affected source on or after October 6, 2006.

\(c\) If you own or operate a new or existing affected source, you must
obtain a permit under 40 CFR part 70 or 71.

[§63.11161 What are my compliance dates]{.underline}?

\(a\) If you have an existing affected source, you must achieve
compliance with applicable provisions in this subpart by \[INSERT date
of publication\]. If you startup a new sintering machine at an existing
affected source after \[INSERT date of publication\], you must achieve
compliance with the applicable provisions in this subpart not later than
180 days after startup.

\(b\) If you have a new affected source, you must achieve compliance
with applicable provisions in this subpart according to the dates in
paragraphs (b)(1) and (2) of this section.

\(1\) If you startup a new affected source on or before \[INSERT date of
publication\], you must achieve compliance with applicable provisions in
this subpart not later than \[INSERT date of publication\].

\(2\) If you startup a new affected source after \[INSERT date of
publication\], you must achieve compliance with applicable provisions in
this subpart upon initial startup.

**Primary Zinc Production Facilities**

[§63.11162 What are the standards and compliance requirements for
existing sources]{.underline}?

\(a\) You must exhaust the off-gases from each roaster to a particulate
matter (PM) control device and to a sulfuric acid plant, including
during the charging of the roaster.

\(b\) Except as provided in paragraph (b)(6) of this section, you must
not discharge to the atmosphere any gases which contain PM in excess of
the emissions limits in paragraphs (b)(1) through (5) of this section.

\(1\) 0.93 pound per hour (lb/hr) from the exhaust vent of a zinc
cathode melting furnace.

\(2\) 0.1 lb/hr from the exhaust vent of a furnace that melts zinc dust,
zinc chips, and/or other materials containing zinc.

\(3\) 0.228 lb/hr from the vent for the combined exhaust from a furnace
melting zinc scrap and an alloy furnace.

\(4\) 0.014 grains per dry standard cubic foot (gr/dscf) from the
exhaust vent of an anode casting furnace.

\(5\) 0.015 gr/dscf from the exhaust vent of a cadmium melting furnace.

\(6\) You may elect to meet an emissions limit of 0.005 gr/dscf as an
alternative to the emissions limits in lb/hr in paragraphs (b)(1)
through (3) of this section.

\(c\) You must establish an operating range for pressure drop for each
baghouse applied to a furnace subject to an emissions limit in paragraph
(b) of this section based on the minimum and maximum values recorded
during a performance test that demonstrates compliance with the
applicable PM emissions limit. Alternatively, you may use an operating
range that has been previously established and approved by your
permitting authority within the past 5 years. You must monitor the
pressure drop daily, maintain the pressure drop for each baghouse within
the established operating range, and record the pressure drop
measurement in a daily log. You must perform routine maintenance on each
baghouse and record maintenance activities in a baghouse maintenance
log. Baghouse maintenance logs must include, but are not limited to,
inspections, criteria for changing bag filters, and dates on which the
bag filters are replaced. Both logs must be maintained in a suitable
permanent form and kept available for inspection.

\(d\) If you own or operate a sintering machine at your facility, you
must comply with the PM emissions limit in 40 CFR 60.172(a) and the
opacity emissions limit in 40 CFR 60.174(a) for that sintering machine.

\(e\) If you own or operate a sintering machine at your facility, you
must install and operate a continuous opacity monitoring system (COMS)
for each sintering machine according to the requirements in 40 CFR
60.175(a). Each COMS must meet Performance Specification 1 (40 CFR part
60, appendix B).

\(f\) For each furnace at your facility subject to an emissions limit in
paragraph (b) of this section, you must demonstrate initial compliance
with the applicable PM emissions limit in paragraph (b) of this section
based on the results of a performance test for that furnace. If you own
or operate a sintering machine, you must also demonstrate initial
compliance with the PM and opacity emissions limits in paragraph (d) of
this section based on the results of a performance test for that
sintering machine.

\(1\) You may certify initial compliance for a furnace (and sintering
machine, if applicable) based on the results of a previous performance
test conducted during the past 5 years.

\(2\) If you have not conducted a performance test to demonstrate
compliance with the applicable emissions limits during the past 5 years,
you must conduct a performance test within 180 days of your compliance
date and report the results in your notification of compliance status.
If a furnace subject to an emissions limit in paragraph (b) of this
section is not operating on the compliance date and subsequently resumes
operation, you must conduct a performance test within 180 days of
startup and report the results in your notification of compliance
status.

\(3\) You must conduct each PM test for a furnace according to
§63.7(e)(1) using the test methods and procedures in paragraphs
(f)(3)(i) through (v) of this section.

\(i\) Method 1 or 1A (40 CFR part 60, appendix A) to select sampling
port locations and the number of traverse points in each stack or duct.
Sampling sites must be located at the outlet of the control device (or
at the outlet of the emissions source if no control device is present)
prior to any releases to the atmosphere.

\(ii\) Method 2, 2A, 2C, 2D, 2F, or 2G (40 CFR part 60, appendix A) to
determine the volumetric flow rate of the stack gas.

\(iii\) Method 3, 3A, or 3B (40 CFR part 60, appendix A) to determine
the dry molecular weight of the stack gas. You may use ANSI/ASME PTC
19.10-1981, "Flue and Exhaust Gas Analyses (incorporated by
reference---see §63.14) as an alternative to EPA Method 3B.

\(iv\) Method 4 (40 CFR part 60, appendix A) to determine the moisture
content of the stack gas.

\(v\) Method 5 (40 CFR part 60, appendix A) to determine the PM
concentration for a negative pressure baghouse, Method 5D (40 CFR part
60, appendix A) for a positive pressure baghouse, or an alternative
method previously approved by your permitting authority. A minimum of
three valid test runs are needed to comprise a PM performance test.

\(4\) You must conduct each PM test for a sintering machine according to
§63.7(e)(1) and 40 CFR 60.176(b)(1) using the test methods in paragraph
(f)(3) of this section. You must determine the PM concentration using
EPA Method 5 (40 CFR part 60, appendix A). You may use ANSI/ASME PTC
19.10-1981, "Flue and Exhaust Gas Analyses" (incorporated by
reference---see §63.14) as an alternative to EPA Method 3B.

\(5\) You must conduct each opacity test for a sintering machine
according to the requirements in §63.6(h)(7). You must determine the
opacity of emissions using EPA Method 9 (40 CFR part 60, appendix A).

\(g\) For each furnace subject to an emissions limit in paragraph (b) of
this section, you must conduct subsequent performance tests according to
the requirements in paragraph (f)(3) of this section to demonstrate
compliance with the applicable PM emissions limit for the furnace every
5 years.

\(h\) You must submit a notification to your permitting authority of any
deviation from the requirements of this subpart within 30 days after the
deviation. The notification must describe the probable cause of the
deviation and any corrective actions or preventative measures taken.

\(i\) You must submit semiannual monitoring reports to your permitting
authority containing the results for all monitoring required by this
subpart. All deviations that occur during the reporting period must be
clearly identified.

\(j\) You must keep records of all required monitoring data and support
information. Support information includes all calibration and
maintenance records and all original strip chart recordings for
continuous monitoring instrumentation and copies of all reports required
by this subpart.

\(k\) You must comply with the operation and maintenance requirements
specified in paragraphs (k)(1) and (2) of this section and the
requirements for emergency situations specified in paragraph (k)(3) or
(4) of this section.

\(1\) You must maintain all equipment covered under this subpart in such
a manner that the performance or operation of such equipment does not
cause a deviation from the applicable requirements.

\(2\) You must keep a maintenance record for each item of air pollution
control equipment. At a minimum, this record must show the dates of
performing maintenance and the nature of preventative maintenance
activities.

\(3\) Except as specified in paragraph (k)(4) of this section, in the
event of an emergency situation you must comply with the requirements in
paragraphs (k)(3)(i) through (iii) of this section. For the purpose of
complying with this paragraph, an emergency situation is any situation
arising from sudden and reasonably unforeseeable events beyond the
control of the facility owner or operator that require immediate
corrective action to restore normal operation, and that cause the
affected source to exceed applicable emission limitation under this
subpart, due to unavoidable increases in emissions attributable to the
emergency. An emergency must not include noncompliance to the extent it
is caused by improperly designed equipment, lack of preventive
maintenance, careless or improper operation, or operator error.

\(i\) During the period of the emergency you must implement all
reasonable steps to minimize levels of emissions that exceeded the
emission standards or other applicable requirements in this subpart.

\(ii\) You must document through signed contemporaneous logs or other
relevant evidence that an emergency occurred and you can identify the
probable cause, your facility was being operated properly at the time
the emergency occurred, and the corrective actions taken to minimize
emissions as required by paragraph (k)(3)(i) of this section.

\(iii\) You must submit a notice of the emergency to the permitting
authority within two working days of the time when emission limitations
were exceeded due to the emergency (or an alternative timeframe
acceptable to the permitting authority). This notice must contain a
description of the emergency, any steps taken to mitigate emissions, and
corrective actions taken.

\(4\) As an alternative to the requirements in paragraph (k)(3) of this
section, you must comply with the startup, shutdown, and malfunction
requirements in 40 CFR 63.6(e)(3).

[§63.11163 What are the standards and compliance requirements for new
sources]{.underline}?

\(a\) You must exhaust the off-gases from each roaster to a PM control
device and to a sulfuric acid plant, including the charging of the
roaster.

\(b\) You must not discharge to the atmosphere any gases which contain
PM in excess of the emissions limits in paragraphs (b)(1) through (3) of
this section.

\(1\) 0.005 gr/dscf from the exhaust vent of a zinc cathode melting
furnace; scrap zinc melting furnace; furnace melting zinc dust, zinc
chips, and other materials containing zinc; and alloy melting furnace.

\(2\) 0.014 gr/dscf from the exhaust vent of an anode casting furnace.

\(3\) 0.015 gr/dscf from the exhaust vent of a cadmium melting furnace.

\(c\) For each melting furnace, you must install and operate a capture
system that collects gases and fumes from the melting furnace and from
the transfer of molten materials and conveys the collected gases to a
control device.

\(d\) You must install, operate, and maintain a bag leak detection
system on all baghouses used to comply with the PM emissions limit in
paragraph (b) of this section according to paragraph (d)(1) of this
section, prepare and operate by a site-specific monitoring plan
according to paragraph (d)(2) of this section, take corrective action
according to paragraph (d)(3) of this section, and record information
according to paragraph (d)(4) of this section.

\(1\) Each bag leak detection system must meet the specifications and
requirements in paragraphs (d)(1)(i) through (viii) of this section.

\(i\) The bag leak detection system must be certified by the
manufacturer to be capable of detecting PM emissions at concentrations
of 1 milligram per actual cubic meter (0.00044 grains per actual cubic
foot) or less.

\(ii\) The bag leak detection system sensor must provide output of
relative PM loadings. The owner or operator must continuously record the
output from the bag leak detection system using electronic or other
means (e.g., using a strip chart recorder or a data logger.)

\(iii\) The bag leak detection system must be equipped with an alarm
system that will sound when the system detects an increase in relative
particulate loading over the alarm set point established according to
paragraph (d)(1)(iv) of this section, and the alarm must be located such
that it can be heard by the appropriate plant personnel.

\(iv\) In the initial adjustment of the bag leak detection system, you
must establish, at a minimum, the baseline output by adjusting the
sensitivity (range) and the averaging period of the device, the alarm
set points, and the alarm delay time.

\(v\) Following initial adjustment, you must not adjust the averaging
period, alarm set point, or alarm delay time without approval from the
Administrator or delegated authority except as provided in paragraph
(d)(1)(vi) of this section.

\(vi\) Once per quarter, you may adjust the sensitivity of the bag leak
detection system to account for seasonal effects, including temperature
and humidity, according to the procedures identified in the
site-specific monitoring plan required by paragraph (d)(2) of this
section.

\(vii\) You must install the bag leak detection sensor downstream of the
baghouse and upstream of any wet scrubber.

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

\(2\) You must develop and submit to the Administrator or delegated
authority for approval a site-specific monitoring plan for each bag leak
detection system. You must operate and maintain the bag leak detection
system according to the site-specific monitoring plan at all times. For
each bag leak detection system that operates on the triboelectric
effect, the monitoring plan must be consistent with the recommendations
contained in the \"Fabric Filter Bag Leak Detection Guidance\"
(EPA-454/R-98-015) currently available at
[[http://www.epa.gov/ttn.emc01/cem/tribo.pdf.]{.underline}](http://www.epa.gov/ttn.emc01/cem/tribo.pdf.)
Each monitoring plan must describe the items in paragraphs (d)(2)(i)
through (vi) of this section.

\(i\) Installation of the bag leak detection system;

\(ii\) Initial and periodic adjustment of the bag leak detection system,
including how the alarm set-point will be established;

\(iii\) Operation of the bag leak detection system, including quality
assurance procedures;

\(iv\) How the bag leak detection system will be maintained, including a
routine maintenance schedule and spare parts inventory list;

\(v\) How the bag leak detection system output will be recorded and
stored; and

\(vi\) Corrective action procedures as specified in paragraph (d)(3) of
this section. In approving the site-specific monitoring plan, the
Administrator or delegated authority may allow owners and operators more
than 3 hours to alleviate a specific condition that causes an alarm if
the owner or operator identifies in the monitoring plan this specific
condition as one that could lead to an alarm, adequately explains why it
is not feasible to alleviate this condition within 3 hours of the time
the alarm occurs, and demonstrates that the requested time will ensure
alleviation of this condition as expeditiously as practicable.

\(3\) For each bag leak detection system, you must initiate procedures
to determine the cause of every alarm within 1 hour of the alarm. Except
as provided in paragraph (d)(2)(vi) of this section, you must alleviate
the cause of the alarm within 3 hours of the alarm by taking whatever
corrective action(s) are necessary. Corrective actions may include, but
are not limited to the following:

\(i\) Inspecting the baghouse for air leaks, torn or broken bags or
filter media, or any other condition that may cause an increase in
particulate 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; or

\(vi\) Shutting down the process producing the particulate emissions.

\(4\) You must maintain records of the information specified in
paragraphs (d)(4)(i) through (iii) of this section for each bag leak
detection system.

\(i\) Records of the bag leak detection system output;

\(ii\) Records of bag leak detection system adjustments, including the
date and time of the adjustment, the initial bag leak detection system
settings, and the final bag leak detection system settings; and

\(iii\) The date and time of all bag leak detection system alarms, the
time that procedures to determine the cause of the alarm were initiated,
if procedures were initiated within 1 hour of the alarm, the cause of
the alarm, an explanation of the actions taken, the date and time the
cause of the alarm was alleviated, and if the alarm was alleviated
within 3 hours of the alarm.

\(e\) If there is a sintering machine at your primary zinc production
facility, you must comply with the PM emissions limit in 40 CFR
60.172(a) and the opacity emissions limit in 40 CFR 60.174(a) for that
sintering machine.

\(f\) If there is a sintering machine at your primary zinc production
facility, you must install and operate a COMS for each sintering machine
according to the requirements in 40 CFR 60.175(a). Each COMS must meet
EPA Performance Specification 1 (40 CFR part 60, appendix B).

\(g\) For each furnace (and sintering machine, if applicable) at your
facility, you must conduct a performance test to demonstrate initial
compliance with each applicable PM emissions limit for that furnace (and
the PM and opacity limits for a sintering machine, if applicable) within
180 days after startup and report the results in your notification of
compliance status.

\(1\) You must conduct each PM test for a furnace according to
§63.7(e)(1) using the test methods and procedures in paragraphs
(g)(1)(i) through (v) of this section.

\(i\) Method 1 or 1A (40 CFR part 60, appendix A) to select sampling
port locations and the number of traverse points in each stack or duct.
Sampling sites must be located at the outlet of the control device (or
at the outlet of the emissions source if no control device is present)
prior to any releases to the atmosphere.

\(ii\) Method 2, 2A, 2C, 2D, 2F, or 2G (40 CFR part 60, appendix A) to
determine the volumetric flow rate of the stack gas.

\(iii\) Method 3, 3A, or 3B (40 CFR part 60, appendix A) to determine
the dry molecular weight of the stack gas. You may use ANSI/ASME PTC
19.10-1981, "Flue and Exhaust Gas Analyses (incorporated by
reference---see §63.14) as an alternative to EPA Method 3B.

\(iv\) Method 4 (40 CFR part 60, appendix A) to determine the moisture
content of the stack gas.

\(v\) Method 5 (40 CFR part 60, appendix A) to determine the PM
concentration for negative pressure baghouses or Method 5D (40 CFR part
60, appendix A) for positive pressure baghouses. A minimum of three
valid test runs are needed to comprise a PM performance test.

\(2\) You must conduct each PM test for a sintering machine according to
§63.7(e)(1) and 40 CFR 60.176(b)(1) using the test methods in paragraph
(g)(1) of this section. You must determine the PM concentration using
EPA Method 5 (40 CFR part 60, appendix A). You may use ANSI/ASME PTC
19.10-1981, "Flue and Exhaust Gas Analyses" (incorporated by
reference---see §63.14) as an alternative to EPA Method 3B.

\(3\) You must conduct each opacity test for a sintering machine
according to the requirements in §63.6(h)(7). You must determine the
opacity of emissions using EPA Method 9 (40 CFR part 60, appendix A).

\(h\) You must conduct subsequent performance tests according to the
requirements in paragraph (g)(1) of this section for each furnace
subject to an emissions limit in paragraph (b) of this section to
demonstrate compliance at least once every 5 years.

\(i\) If you use a control device other than a baghouse, you must
prepare and submit a monitoring plan to the Administrator for approval.
Each plan must contain the information in paragraphs (i)(1) through (5)
of this section.

\(1\) A description of the device;

\(2\) Test results collected in accordance with paragraph (g) of this
section verifying the performance of the device for reducing PM and
opacity to the levels required by this subpart;

\(3\) Operation and maintenance plan for the control device (including a
preventative maintenance schedule consistent with the manufacturer's
instructions for routine and long-term maintenance) and continuous
monitoring system;

\(4\) A list of operating parameters that will be monitored to maintain
continuous compliance with the applicable emission limits; and

\(5\) Operating parameter limits based on monitoring data collected
during the performance test.

\(i\) As an alternative to the startup, shutdown, and malfunction
requirements in 40 CFR 63.6(e)(3), you must comply with the requirements
specified in this paragraph. In the event of an emergency situation, you
must comply with the requirements in paragraphs (i)(1) through (3) of
this section. For the purpose of complying with this paragraph, an
emergency situation is any situation arising from sudden and reasonably
unforeseeable events beyond the control of the facility owner or
operator that require immediate corrective action to restore normal
operation, and that cause the affected source to exceed applicable
emission limitation under this subpart, due to unavoidable increases in
emissions attributable to the emergency. An emergency must not include
noncompliance to the extent it is caused by improperly designed
equipment, lack of preventive maintenance, careless or improper
operation, or operator error.

\(1\) During the period of the emergency you must implement all
reasonable steps to minimize levels of emissions that exceeded the
emission standards or other applicable requirements in this subpart.

\(2\) You must document through signed contemporaneous logs or other
relevant evidence that an emergency occurred and you can identify the
probable cause, your facility was being operated properly at the time
the emergency occurred, and the corrective actions taken to minimize
emissions as required by paragraph (i)(1) of this section.

\(3\) You must submit a notice of the emergency to the permitting
authority within two working days of the time when emission limitations
were exceeded due to the emergency (or an alternative timeframe
acceptable to the permitting authority). This notice must contain a
description of the emergency, any steps taken to mitigate emissions, and
corrective actions taken.

[63.11164 What General Provisions apply to primary zinc production
facilities?]{.underline}

\(a\) If you own or operate an existing affected source, you must comply
with the requirements of the General Provisions in 40 CFR part 63,
subpart A, according to Table 1 to this subpart and paragraphs (a)(1)
through (3) of this section.

\(1\) Your notification of compliance status required by §63.9(h) must
include this certification of compliance, signed by a responsible
official, for the work practice standards in §63.11162(a): "This
facility complies with the work practice standards in §63.11162(a)."

\(2\) If you certify compliance with the PM emissions limits in
§63.11162(b) based on a previous performance test, your notification of
compliance status required by §63.9(h) must include this certification
of compliance, signed by a responsible official: "This facility complies
with the PM emissions limits in §63.11162(b) based on a previous
performance test."

\(3\) If you conduct a new performance test to demonstrate compliance
with the PM emissions limits for a furnace in §63.11162(b), your
notification of compliance status required by §63.9(h) must include the
results of the performance test, including required monitoring data.

\(b\) If you own or operate a new affected source, you must comply with
the requirements of the General Provisions (40 CFR part 63, subpart A)
as provided in Table 1 to this subpart and paragraphs (b)(1) through (4)
of this section.

\(1\) Your notification of compliance status required in §63.9(h) must
include the results of the initial performance tests, including required
monitoring data.

\(2\) Your notification of compliance status required by §63.9(h) must
include this certification of compliance, signed by a responsible
official, for the work practice standard in §63.11163(a): "This facility
complies with the work practice standards in §63.11163(a)."

\(3\) Your notification of compliance status required by §63.9(h) must
include this certification of compliance, signed by a responsible
official, for the capture system requirements in §63.11163(c): "This
facility has installed capture systems according to §63.11163(c)."

\(4\) If you use a baghouse that is subject to the requirements in
§63.11163(d), your notification of compliance status required by
§63.9(h) must include this certification of compliance, signed by a
responsible official, for the bag leak detection system requirements in
§63.11163(d): "This facility has an approved monitoring plan in
accordance with §63.11163(d)."

\(5\) If you use control devices other than baghouses, your notification
of compliance status required by §63.9(h) must include this
certification of compliance, signed by a responsible official for the
monitoring plan requirements in §63.11163(i): "This facility has an
approved monitoring plan in accordance with §63.11163(i)."

**Primary Beryllium Production Facilities**

[§63.11165 What are the standards and compliance requirements for new
and existing sources]{.underline}?

You must comply with the requirements in 40 CFR 61.32 through 40 CFR
61.34 of the National Emission Standards for Beryllium (40 CFR part 61,
subpart C).

[§63.11166 What General Provisions apply to primary beryllium production
facilities]{.underline}?

\(a\) You must comply with all of the requirements of the General
Provisions in 40 CFR part 61, subpart A.

\(b\) You must comply with the requirements of the General Provisions in
40 CFR part 63, subpart A, that are specified in paragraphs (b)(1) and
(2) of this section.

\(1\) Section 63.1(a)(1) through (10).

\(2\) Section 63.1(b) except paragraph (b)(3), §63.1(c), and §63.1(e).

**Other Requirements and Information**

[§63.11167 What definitions apply to this subpart]{.underline}?

Terms used in this subpart are defined in the CAA;

40 CFR 60.2; 60.171; 61.02; 61.31; 61.61; 63.2; and in this section as
follows:

[Alloy furnace]{.underline} means any furnace used to melt alloys or to
produce zinc that contains alloys.

[Anode casting furnace]{.underline} means any furnace that melts
materials to produce the anodes used in the electrolytic process for the
production of zinc.

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

[Cadmium melting furnace]{.underline} means any furnace used to melt
cadmium or produce cadmium oxide from the cadmium recovered in the zinc
production process.

[Capture system]{.underline} means the collection of equipment used to
capture gases and fumes released from one or more emissions points and
then convey the captured gas stream to a control device. A capture
system may include, but is not limited to, the following components as
applicable to a given capture system design: duct intake devices, hoods,
enclosures, ductwork, dampers, manifolds, plenums, and fans.

[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 emissions limitation or work
practice standard;

\(2\) 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 emissions limitation or work practice standard
in this subpart during startup, shutdown, or malfunction, regardless of
whether or not such failure is permitted by this subpart.

[Primary beryllium production facility]{.underline} means any
establishment engaged in the chemical processing of beryllium ore to
produce beryllium metal, alloy, or oxide, or performing any of the
intermediate steps in these processes. A primary beryllium production
facility may also be known as an extraction plant.

[Primary zinc production facility]{.underline} means an installation
engaged in the production, or any intermediate process in the
production, of zinc or zinc oxide from zinc sulfide ore concentrates
through the use of pyrometallurgical techniques.

[Responsible official]{.underline} means responsible official as defined
in 40 CFR 70.2.

[Roaster]{.underline} means any facility in which a zinc sulfide ore
concentrate charge is heated in the presence of air to eliminate a
significant portion (more than 10 percent) of the sulfur contained in
the charge.

[Sintering machine]{.underline} means any furnace in which calcines are
heated in the presence of air to agglomerate the calcines into a hard
porous mass called sinter.

[Sulfuric acid plant]{.underline} means any facility producing sulfuric
acid from the sulfur dioxide (SO~2~) in the gases from the roaster.

[Work practice standard]{.underline} means any design, equipment, work
practice, or operational standard, or combination thereof.

[Zinc cathode melting furnace]{.underline} means any furnace used to
melt the pure zinc from the electrolytic process.

[§63.11168 Who implements and enforces this subpart]{.underline}?

\(a\) This subpart can be implemented and enforced by the U.S. EPA or a
delegated authority such as a State, local, or tribal agency. If the
U.S. EPA Administrator has delegated authority to a 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.

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

\(c\) For primary zinc production facilities subject to this subpart,
the authorities that will not be delegated to State, local, or tribal
agencies are listed in paragraphs (c)(1) through (5) of this section.

\(1\) Approval of an alternative non-opacity emissions standard under
§63.6(g).

\(2\) Approval of an alternative opacity emissions standard under
§63.6(h)(9).

\(3\) Approval of a major change to test methods under §63.7(e)(2)(ii)
and (f). A "major change to test method" is defined in §63.90

\(4\) Approval of a major change to monitoring under §63.8(f). A "major
change to monitoring" is defined in §63.90.

\(5\) Approval of a major change to recordkeeping/ reporting under
§63.10(f). A "major change to recordkeeping/reporting" is defined in
§63.90.

\(d\) For primary beryllium manufacturing facilities subject to this
subpart, the authorities that will not be delegated to State, local, or
tribal agencies are listed in paragraphs (d)(1) through (4) of this
section.

\(1\) Approval of an alternative non-opacity emissions standard under 40
CFR 61.12(d).

\(2\) Approval of a major change to test methods under 40 CFR 61.13(h).
A "major change to test method" is defined in §63.90.

\(3\) Approval of a major change to monitoring under 40 CFR 61.14(g). A
"major change to monitoring" is defined in §63.90.

\(4\) Approval of a major change to recordkeeping/reporting under 40 CFR
61.10. A "major change to recordkeeping/reporting" is defined in §63.90.

**Tables to Subpart GGGGGG of Part 63**

TABLE 1 TO SUBPART GGGGGG OF PART 63---APPLICABILITY OF GENERAL
PROVISIONS TO PRIMARY ZINC PRODUCTION AREA SOURCES

As required in §63.11164(a) and (b), you must comply with the
requirements of the NESHAP General Provisions (40 CFR part 63, subpart
A) as shown in the following table.

  ------------------------ ------------------ ------------ ----------------------
  Citation                 Subject            Applies to   Explanation
                                              Subpart      
                                              GGGGGG       

  63.1(a)(1), (a)(2),      Applicability.     Yes.         
  (a)(3), (a)(4), (a)(6),                                  
  (a)(10)-(a)(12) (b)(1),                                  
  (b)(3), (c)(1), (c)(2),                                  
  (c)(5), (e)                                              

  63.1(a)(5),              Reserved.          No.          
  (a)(7)-(a)(9), (b)(2),                                   
  (c)(3), (c)(4), (d)                                      

  63.2                     Definitions.       Yes.         

  63.3                     Units and          Yes.         
                           Abbreviations.                  

  63.4                     Prohibited         Yes.         
                           Activities and                  
                           Circumvention.                  

  63.5                     Preconstruction    No.          
                           Review and                      
                           Notification                    
                           Requirements.                   

  63.6(a), (b)(1)-(b)(5),  Compliance with    Yes.         
  (b)(7), (c)(1), (c)(2),  Standards and                   
  (c)(5)                   Maintenance                     
                           Requirements -                  
                           Applicability                   
                           Compliance Dates                

  63.6(e)                  Operation and      Yes/No.      Operation and
                           Maintenance                     maintenance
                           Requirements                    requirements do not
                                                           apply to existing
                                                           sources except that
                                                           the startup, shutdown,
                                                           and malfunction
                                                           requirements in
                                                           §63.6(e)(3) are
                                                           allowed as an
                                                           alternative to the
                                                           rule requirements for
                                                           emergency situations.
                                                           Operation and
                                                           maintenance
                                                           requirements apply to
                                                           new sources except
                                                           that the rule
                                                           requirements for
                                                           emergency situations
                                                           are allowed as an
                                                           alternative to the
                                                           startup, shutdown, and
                                                           malfunction
                                                           requirements in
                                                           §63.6(e)(3).

  63.6(f), (g), (i), (j)   Compliance with    Yes.         
                           Nonopacity                      
                           Emission Standards              

  63.6(b)(6), (c)(3),      Reserved           No.          
  (c)(4), (d), (e)(2),                                     
  (e)(3)(ii), (h)(3),                                      
  (h)(5)(iv)                                               

  63.6(h)(1)-(h)(4),                          Yes.         
  (h)(5)(i)-(h)(5)(iii),                                   
  (h)(6)-(h)(9)                                            

  63.7(a), (e), (f), (g),  Performance        Yes.         
  (h)                      Testing                         
                           Requirements                    

  63.7(b), (c)                                Yes/No...    Notification of
                                                           performance tests and
                                                           quality assurance
                                                           program apply to new
                                                           sources but not
                                                           existing sources.

  63.8(a)(1), (a)(2), (b), Monitoring         Yes...       Requirements in
  (c), (f), (g)            Requirements                    §63.6(c)(4)(i)-(ii),
                                                           (c)(5), (c)(6), (d),
                                                           (e), (f)(6), and (g)
                                                           apply if a COMS is
                                                           used.

  63.8(a)(3)               Reserved           No.          

  63.8(a)(4)                                  No...        Subpart GGGGGG does
                                                           not require flares.

  63.8(d), (e)                                Yes/No...    Requirements for
                                                           quality control
                                                           program and
                                                           performance
                                                           evaluations apply to
                                                           new sources but not
                                                           existing sources.

  63.9(a), (b)(1), (b)(2), Notification       Yes/No...    Notification of
  (b)(5), (c), (d), (f),   Requirements                    performance tests and
  (g), (h)(1)-(h)(3),                                      opacity or visible
  (h)(5), (h)(6), (i), (j)                                 emissions observations
                                                           apply to new sources
                                                           but not existing
                                                           sources.

  63.9(b)(3), (h)(4)       Reserved           No.          

  63.9(b)(4)                                  No.          

  63.10(a), (b)(1),        Recordkeeping and  Yes.         
  (b)(2)(i)-(v), (d)(4),   Reporting                       
  (d)(5)(i), (f)           Requirements                    

  63.10(b)(2), (b)(3),                        Yes/No...    Recordkeeping and
  (c)(1), (c)(5)-(c)(8),                                   reporting requirements
  (c)(10)-(c)(15),                                         apply to new sources
  (d)(1)-(d)(3),                                           but not existing
  (d)(5)(ii), (e)(1),                                      sources.
  (e)(2), (e)(4)                                           

  63.10(c)(2)-(c)(4),      Reserved           No.          
  (c)(9)                                                   

  63.10(e)(3)                                 Yes/No...    Reporting requirements
                                                           apply to new sources
                                                           but not existing
                                                           sources.

  63.11                    Control Device     No...        Subpart GGGGGG does
                           Requirements                    not require flares.

  63.12                    State Authorities  Yes.         
                           and Delegations.                

  63.13                    Addresses.         Yes.         

  63.14                    Incorporations by  Yes.         
                           Reference.                      

  63.15                    Availability of    Yes.         
                           Information and                 
                           Confidentiality.                

  63.16                    Performance Track  Yes.         
                           Provisions.                     
  ------------------------ ------------------ ------------ ----------------------

[^1]: Under section 112(a) of the Clean Air Act, an area source is
    defined as a stationary source that is not a major source. A major
    source is defined as a stationary source or a group of stationary
    sources located within a contiguous area and under common control
    that emits or has the potential to emit considering controls, in the
    aggregate, 10 tons per year or more of any HAP or 25 tons per year
    or more of any combination of HAP.

[^2]: In 1995, the Court of Appeals for the District of Columbia Circuit
    reviewed the definition of "potential to emit" (PTE) contained in 40
    CFR in 40 CFR 63.2 ([National Mining Ass'n v. EPA]{.underline}, 59
    F.3d 1351 (D.C. Cir. 1995)). In July 2005, the D.C. Circuit remanded
    the definition to EPA to the extent the definition required that
    physical or operational limitations be \"federally enforceable\"
    ([National Mining Ass'n v. EPA]{.underline}, 59 F.3d 1351 (D.C. Cir.
    1995)). The court did not vacate the 40 CFR part 63 regulations and
    therefore the definition of "potential to emit" in 40 CFR part 63
    remains in place. EPA is currently in the process of developing a
    proposed rule that responds to the court's remand. EPA has a
    transitional policy that relates to PTE. See "Options for Limiting
    the Potential to Emit (PTE) of a Stationary Source Under Section 112
    and Title V of the Clean Air Act (Act)" (Jan. 25, 1995), available
    at
    [http://www.epa.gov/Region7/programs/artd/air/title5/t5memos/ptememo.pdf]{.underline}.
    EPA has extended the transition policy several times. See \"Third
    Extension of January 25, 1995 Potential to Emit Transition Policy\"
    (December 20, 1999), available at
    <http://www.epa.gov/Region7/programs/artd/air/title5/t5memos/4thext.pdf>.
    Under the Third Extension, sources can rely on State-only
    enforceable PTE limits until we finalize our response to the remand.

[^3]: It is not clear whether the one polyvinyl chloride area source
    plant known to the National Association of Clean Air Agencies
    (NACAA) was among the plants that the NACAA analyzed in developing
    the recommended limits.