[Federal Register Volume 74, Number 25 (Monday, February 9, 2009)]
[Proposed Rules]
[Pages 6510-6529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-2400]



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Part III





Environmental Protection Agency





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40 CFR Part 63



 Revision of Source Category List for Standards Under Section 112(k) of 
the Clean Air Act; National Emission Standards for Hazardous Air 
Pollutants: Area Source Standards for Aluminum, Copper, and Other 
Nonferrous Foundries; Proposed Rule

Federal Register / Vol. 74, No. 25 / Monday, February 9, 2009 / 
Proposed Rules

[[Page 6510]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2008-0236; FRL-8766-6]
RIN 2060-AO93


Revision of Source Category List for Standards Under Section 
112(k) of the Clean Air Act; National Emission Standards for Hazardous 
Air Pollutants: Area Source Standards for Aluminum, Copper, and Other 
Nonferrous Foundries

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is revising the area source category list by changing the 
name of the ``Secondary Aluminum Production'' category to ``Aluminum 
Foundries'' and the ``Nonferrous Foundries, not elsewhere classified 
(nec)'' category to ``Other Nonferrous Foundries.'' At the same time, 
EPA is proposing national emission standards for the Aluminum 
Foundries, Copper Foundries, and Other Nonferrous Foundries area source 
categories. These proposed emission standards for new and existing 
sources reflect EPA's proposed determination regarding the generally 
available control technology or management practices for each area 
source category.

DATES: Comments must be received on or before March 11, 2009 unless a 
public hearing is requested by February 19, 2009. If a hearing is 
requested on the proposed rule, written comments must be received by 
March 26, 2009. Under the Paperwork Reduction Act, comments on the 
information collection provisions are best assured of having full 
effect if the Office of Management and Budget (OMB) receives a copy of 
your comments on or before March 11, 2009.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2008-0236, by one of the following methods:
    <bullet> http://www.regulations.gov. Follow the on-line 
instructions for submitting comments.
    <bullet> E-mail: Comments may be sent by electronic mail (e-mail) 
to <a href="/cdn-cgi/l/email-protection#81e0ace0efe5acf3acc5eee2eae4f5c1e4f1e0afe6eef7"><span class="__cf_email__" data-cfemail="c0a1eda1aea4edb2ed84afa3aba5b480a5b0a1eea7afb6">[email protected]</span></a>, Attention Docket ID No. EPA-HQ-OAR-2008-
0236.
    <bullet> Fax: Fax your comments to: 202-566-9744, Attention Docket 
ID No. EPA-HQ-OAR-2008-0236.
    <bullet> Mail: Send your comments to: Air and Radiation Docket and 
Information Center, Environmental Protection Agency, Mailcode: 2822T, 
1200 Pennsylvania Ave., NW., Washington, DC 20460, Attention: Docket ID 
No. EPA-HQ-OAR-2008-0236. Please include a total of two copies. In 
addition, please mail a copy of your comments on the information 
collection provisions to the Office of Information and Regulatory 
Affairs, Office of Management and Budget (OMB), Attn: Desk Officer for 
EPA, 725 17th St., NW., Washington, DC 20503.
    <bullet> Hand Delivery or Courier: Deliver your comments to EPA 
Docket Center, Room 3334, 1301 Constitution Ave., NW., Washington, DC 
20460. Such deliveries are only accepted during the Docket Center's 
normal hours of operation, and special arrangements should be made for 
deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2008-0236. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
confidential business information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means that EPA will not know 
your identity or contact information unless you provide it in the body 
of your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and will be made available on the Internet. 
If you submit an electronic comment, EPA recommends that you include 
your name and other contact information in the body of your comment and 
with any disk or CD-ROM you submit. If EPA cannot read your comment due 
to technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available (e.g., CBI or other information 
whose disclosure is restricted by statute). Certain other material, 
such as copyrighted material, will be publicly available only in hard 
copy form. Publicly available docket materials are available either 
electronically in 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: For questions about the proposed 
standards for aluminum foundries, contact Mr. David Cole, Office of Air 
Quality Planning and Standards, Outreach and Information Division, 
Regulatory Development and Policy Analysis Group (C404-05), 
Environmental Protection Agency, Research Triangle Park, NC 27711; 
Telephone Number: (919) 541-5565; Fax Number: (919) 541-0242; E-mail 
address: <a href="/cdn-cgi/l/email-protection#4a0925262f640e2b3c232e0a2f3a2b642d253c"><span class="__cf_email__" data-cfemail="ecaf838089c2a88d9a8588ac899c8dc28b839a">[email protected]</span></a>. For questions about the proposed standards 
for copper foundries and other nonferrous foundries, contact Mr. Gary 
Blais, Office of Air Quality Planning and Standards, Outreach and 
Information Division, Regulatory Development and Policy Analysis Group 
(C404-05), Environmental Protection Agency, Research Triangle Park, NC 
27711; Telephone Number: (919) 541-3223; Fax Number: (919) 541-0242; E-
mail address: <a href="/cdn-cgi/l/email-protection#bbf9d7dad2c895fcdac9c2fbdecbda95dcd4cd"><span class="__cf_email__" data-cfemail="86c4eae7eff5a8c1e7f4ffc6e3f6e7a8e1e9f0">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The information presented in this preamble 
is organized as follows:

I. General Information
    A. Does this action apply to me?
    B. What should I consider as I prepare my comments to EPA?
    C. Where can I get a copy of this document?
    D. When would a public hearing occur?
II. Revision to the Source Category List
III. Background Information for the Proposed Area Source Standards
    A. What is the statutory authority and regulatory approach for 
the proposed standards?
    B. What source categories are affected by the proposed 
standards?
    C. What are the production operations, emission sources, and 
available controls?
IV. Summary of the Proposed Standards
    A. Do these proposed standards apply to my facility?
    B. When must I comply with the proposed standards?
    C. What are the proposed standards?
    D. What are the compliance requirements?
    E. What are the notification, recordkeeping, and reporting 
requirements?

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V. Rationale for This Proposed Rule
    A. How did we select the source categories?
    B. How did we select the affected source?
    C. How are the aluminum foundry HAP, the copper foundry HAP, and 
the other nonferrous foundry HAP addressed by this proposed rule?
    D. How did we determine GACT?
    E. How did we select the compliance requirements?
    F. How did we decide to propose to exempt these area source 
categories from title V permit requirements?
VI. Summary of Impacts of the Proposed Standards
VII. 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. Executive Order 12898: Federal Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Populations

I. General Information

A. Does this action apply to me?

    The regulated categories and entities potentially affected by the 
proposed standards include:

------------------------------------------------------------------------
                                 NAICS
           Category             code \1\  Examples of regulated entities
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Industry:
    Aluminum Foundries.......     331524  Area source facilities that
                                           pour molten aluminum into
                                           molds to manufacture aluminum
                                           castings (excluding die
                                           casting).
    Copper Foundries.........     331525  Area source facilities that
                                           pour molten copper and copper-
                                           based alloys (e.g., brass,
                                           bronze) into molds to
                                           manufacture copper and copper-
                                           based alloy castings
                                           (excluding die casting).
    Other Nonferrous              331528  Area source facilities that
     Foundries.                            pour molten nonferrous metals
                                           (except aluminum and copper)
                                           into molds to manufacture
                                           nonferrous castings
                                           (excluding die casting).
                                           Establishments in this
                                           industry purchase nonferrous
                                           metals, such as nickel, zinc,
                                           and magnesium that are made
                                           in other establishments.
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\1\ North American Industry Classification System.

    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 would be regulated by this 
action, you should examine the applicability criteria in 40 CFR 
63.11544 of subpart ZZZZZZ (National Emission Standards for Hazardous 
Air Pollutants: Area Source Standards for Aluminum, Copper, and Other 
Nonferrous Foundries). 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. What should I consider as I prepare my comments to EPA?

    Do not submit CBI to EPA through http://www.regulations.gov or e-
mail. Send or deliver information identified as CBI only to the 
following address: Roberto Morales, OAQPS Document Control Officer 
(C404-02), Office of Air Quality Planning and Standards, Environmental 
Protection Agency, Research Triangle Park, NC 27711, Attention: Docket 
ID No. EPA-HQ-OAR-2008-0236. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI contained in a disk or 
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as 
CBI and then identify electronically within the disk or CD-ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.

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

    In addition to being available in the docket, an electronic copy of 
this proposed action will also be available on the Worldwide Web (WWW) 
through the Technology Transfer Network (TTN). Following signature, a 
copy of the proposed 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.

D. When would a public hearing occur?

    If anyone contacts EPA requesting to speak at a public hearing 
concerning the proposed rule by February 19, 2009, we will hold a 
public hearing on February 24, 2009. If you are interested in attending 
the public hearing, contact Ms. Christine Adams at (919) 541-5590 to 
verify that a hearing will be held. If a public hearing is held, it 
will be held at EPA's campus located at 109 T.W. Alexander Drive in 
Research Triangle Park, NC, or an alternate site nearby.

II. Revision to the Source Category List

    This notice announces a revision to the area source category list 
developed under our Integrated Urban Air Toxics Strategy pursuant to 
section 112(c)(3) of the Clean Air Act (CAA). The revision changes the 
name of the ``Secondary Aluminum Production'' source category to 
``Aluminum Foundries''. The revision also changes the name of the 
``Nonferrous Foundries, nec'' source category to ``Other Nonferrous 
Foundries.'' \1\
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    \1\ This is a change in name only and in no way affects the 
scope or coverage of the source category. Nonferrous foundries not 
elsewhere classified (nec) are simply those foundries melting 
nonferrous metals other than copper and aluminum. Copper and 
aluminum foundries were assigned their own unique SIC and NAICS 
codes.
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    We are proposing to change the name of the ``Secondary Aluminum 
Production'' source category because we incorrectly named the category 
in the notice adding ``Secondary Aluminum Production'' to our list of 
area source categories (66 FR 8220, January 20, 2001). Upon identifying 
the error, we prepared a memorandum explaining the error.\2\ The 
memorandum stated that the

[[Page 6512]]

listing of the ``Secondary Aluminum Production'' category was not based 
on secondary aluminum facilities, but rather on the emissions from a 
different source category--``Aluminum Foundries.'' In addition, 
background documentation for the 1990 emissions inventory, from which 
the source category listed in the Integrated Urban Air Toxics Strategy 
was derived, states that the contribution of aluminum foundries to the 
CAA section 112(k) inventory of urban hazardous air pollutants (HAP) 
was based on the 1990 Toxic Release Inventory (TRI) for facilities 
reporting under Standard Industrial Classification (SIC) code 3365 
(``aluminum foundries except die casting'') and the obsolete SIC code 
3361 (``aluminum foundries--castings'').\3\ We are therefore changing 
the name of the ``Secondary Aluminum Production'' source category to 
``Aluminum Foundries'', which is consistent with the inventory and the 
record supporting our original listing decision.
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    \2\ Memorandum from Barbara Driscoll to Docket Number OAR-2002-
0036 (Docket for Final Revision of Area Source Category List Under 
Sections 112(c)(3) and 112(k)(3)(B)(iii) of the Clean Air Act). 
``Basis for Determination of New Area Source Categories Listed for 
Future Regulatory Development on November 22, 2002.'' Docket Item 
IV-B-11.
    \3\ Note that most secondary aluminum facilities are major 
sources and are subject to 40 CFR part 63, subpart RRR. These 
facilities recycle aluminum scrap and do not produce foundry 
castings.
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    We also are revising the name of the ``Nonferrous Foundries, nec'' 
category to ``Other Nonferrous Foundries'' to clarify that the source 
category includes all nonferrous foundries except aluminum foundries 
and copper foundries. This change has no impact on the type of sources 
included in the category or on the scope of the category.

III. Background Information for the Proposed Area Source Standards

A. What is the statutory authority and regulatory approach for the 
proposed standards?

    Section 112(d) of the CAA requires us to establish national 
emission standards for hazardous air pollutants (NESHAP) for both major 
and area sources of HAP that are listed for regulation under CAA 
section 112(c). A major source emits or has the potential to emit 10 
tons per year (tpy) or more of any single HAP or 25 tpy or more of any 
combination of HAP. An area source is a stationary source that is not a 
major source.
    Section 112(k)(3)(B) of the CAA calls for EPA to identify at least 
30 HAP that, as the result of emissions from area sources, pose the 
greatest threat to public health in the largest number of urban areas. 
EPA implemented this provision in 1999 in the Integrated Urban Air 
Toxics Strategy (64 FR 38715, July 19, 1999). In the Strategy, EPA 
identified 30 HAP that pose the greatest potential health threat in 
urban areas; these HAP are referred to as the ``30 urban HAP.'' Section 
112(c)(3) requires EPA to list sufficient categories or subcategories 
of area sources to ensure that area sources representing 90 percent of 
the emissions of the 30 urban HAP are subject to regulation. We 
implemented these requirements through the Integrated Urban Air Toxics 
Strategy (64 FR 38715, July 19, 1999). A primary goal of the Strategy 
is to achieve a 75 percent reduction in cancer incidence attributable 
to HAP emitted from stationary sources.
    Under CAA section 112(d)(5), we may elect to promulgate standards 
or requirements for area sources ``which provide for the use of 
generally available control technology or management practices (GACT) 
by such sources to reduce emissions of hazardous air pollutants.'' 
Additional information on GACT is found in the Senate report on the 
legislation (Senate Report Number 101-228, December 20, 1989), which 
describes GACT as

* * * methods, practices and techniques which are commercially 
available and appropriate for application by the sources in the 
category considering economic impacts and the technical capabilities 
of the firms to operate and maintain the emissions control systems.

    Consistent with the legislative history, we can consider costs and 
economic impacts in determining GACT, which is particularly important 
when developing regulations for source categories, like these, that 
have a majority of firms classified as small businesses according to 
the Small Business Administration standards in 13 CFR 121.201. Small 
businesses for the three foundry source categories that are the subject 
of this proposed rule are those with fewer than 500 employees.
    Determining what constitutes GACT involves considering the control 
technologies and management practices that are generally available to 
the area sources in the source category. We also consider the standards 
applicable to major sources in the same industrial sector to determine 
if the control technologies and management practices are transferable 
and generally available to area sources. However, we did not identify 
any major sources in these three source categories.
    Under appropriate circumstances, we may also consider technologies 
and practices at area and major sources in similar categories to 
determine whether such technologies and practices could be considered 
generally available for the area source category at issue. Finally, as 
noted above, in determining GACT for a particular area source category, 
we consider the costs and economic impacts of available control 
technologies and management practices on that category.
    We are proposing these three foundry national emission standards in 
response to a court-ordered deadline that requires EPA to issue 
standards for source categories listed pursuant to section 112(c)(3) 
and (k) by June 15, 2009 (Sierra Club v. Johnson, No. 01-1537, D.D.C., 
March 2006).

B. What source categories are affected by the proposed standards?

1. Overview of the Three Source Categories
    Aluminum, copper, and other nonferrous foundries all produce 
castings of nonferrous metals that are used in products that require 
specific mechanical properties, machinability, and/or corrosion 
resistance. Aluminum, copper, and other nonferrous foundries account 
for approximately 16 percent by weight of all foundry castings (iron 
and steel foundries account for the other 84 percent). Aluminum and 
aluminum alloy castings account for 11 percent compared to 2 percent 
for copper and copper alloy castings and 3 percent for other nonferrous 
castings. Usually, these nonferrous metals are cast in combinations 
with each other or with some of about 40 other elements to make many 
different nonferrous alloys. A few of the more common nonferrous alloys 
are brass, bronze, magnesium, nickel-copper alloys (Monel); nickel-
chromium-iron alloys; aluminum-copper alloys; aluminum-silicon alloys; 
aluminum-magnesium alloys; and titanium alloys. Aluminum, copper, and 
other nonferrous foundries are much smaller emitters of particulate 
matter (PM) and metal HAP than iron and steel foundries, which 
typically melt much larger quantities of metal on a per facility basis.
    Most of the aluminum, copper, and other nonferrous foundries in the 
United States are small businesses according to the Small Business 
Administration size classifications (less than 500 employees), and 
about 70 percent of the facilities employ fewer than 50 people. 
Conversely, only 11 foundries (1 percent of the total) employ 500 or 
more people, and all of these are aluminum foundries. Although most 
foundries manufacture castings for sale to other companies, an 
important exception is the relatively few ``captive'' foundries 
operated by large original equipment manufacturers, such as automobile 
manufacturers.

[[Page 6513]]

2. Aluminum Foundries
    The area source category ``Aluminum Foundries'' is comprised of 
facilities that pour molten aluminum into molds to manufacture aluminum 
castings. The relevant North American Industry Classification System 
(NAICS) code is 331524 and is identified as ``aluminum foundries except 
die casting.'' \4\ This source category was improperly listed under the 
name ``Secondary Aluminum Production'' (66 FR 8220, January 20, 2001). 
As discussed in section II of this preamble, we are revising the area 
source category list to correct the name of the category. The category 
is properly labeled ``Aluminum Foundries,'' and as the 2001 listing 
decision reflects, the category was listed due to emissions of the 
urban HAP beryllium, cadmium, lead compounds, manganese, and nickel 
(the ``aluminum foundry HAP'').
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    \4\ Aluminum die casters are included under the SIC code 3363 
and NAICS 331521 and are defined as establishments primarily engaged 
in introducing molten aluminum, under high pressure, into molds or 
dies to make aluminum die castings.
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    Information on aluminum foundries that classify themselves as 
primarily in NAICS 331524 is available from the U.S. Census Bureau, 
whose most recent census survey (2002) identified 542 aluminum 
foundries. The industry is characterized by many small businesses, with 
154 plants (28 percent) having only one to four employees, and 531 
plants (98 percent) having fewer than 500 employees.
3. Copper Foundries
    The area source category ``Copper Foundries'' is comprised of 
facilities that pour molten copper and copper-based alloys into molds 
to manufacture copper and copper-based alloy castings (excluding die 
casting). Copper foundries in the 2002 census survey produce a wide 
variety of castings, including copper and copper-based alloys, brass, 
engineered copper alloy (i.e., manganese bronze, silicon brass and 
bronze, aluminum bronze, and copper nickel), tin bronze, and red and 
semi-red brass. EPA listed the Copper Foundries area source category in 
the Integrated Urban Air Toxics Strategy (67 FR 70427, November 22, 
2002) due to emissions of the urban HAP lead compounds, manganese, and 
nickel (the ``copper foundry HAP'').
    The NAICS code for copper foundries is 331525 (``copper foundries 
except die casting''). Information on copper foundries that classify 
themselves as primarily in NAICS 331525 is also available from the U.S. 
Census Bureau, whose most recent census survey (2002) identified 281 
copper foundries. The copper foundry industry consists of small 
businesses, with 80 plants (28 percent) having only one to four 
employees, and all of the plants having fewer than 250 employees.
4. Nonferrous Foundries
    The area source category ``Other Nonferrous Foundries'' is 
comprised of facilities that pour molten nonferrous metals (excluding 
aluminum, copper, and copper-based alloys) into molds to manufacture 
nonferrous metal castings (excluding die casting). Nonferrous foundries 
in the 2002 census survey produce a variety of nonferrous metal 
castings, including nickel and nickel-based alloys, zinc and zinc-based 
alloys, and magnesium and magnesium-based alloys. EPA listed 
``Nonferrous Foundries, nec'' in the Integrated Urban Air Toxics 
Strategy (67 FR 70427, November 22, 2002) due to emissions of the urban 
HAP chromium, lead compounds, and nickel (the ``other nonferrous 
foundry HAP''). As explained in section II of this preamble, we are 
changing the name of the ``Nonferrous Foundries, nec'' area source 
category to ``Other Nonferrous Foundries'' to clarify that the source 
category includes all nonferrous foundries except aluminum and copper 
foundries.
    The NAICS code for nonferrous foundries is 331528 (``other 
nonferrous foundries except die casting''). Information on nonferrous 
foundries that classify themselves as primarily in NAICS 331528 is also 
available from the U.S. Census Bureau, whose most recent census survey 
(2002) identified 143 nonferrous foundries. The nonferrous foundry 
industry is also characterized by many small businesses, with 51 plants 
(36 percent) having only one to four employees and all of the plants 
having fewer than 500 employees.

C. What are the production operations, emission sources, and available 
controls?

1. Production Operations
    The processes used at aluminum, copper, and other nonferrous 
foundries are similar; the primary difference is the type of metal that 
is melted and cast. Foundries produce complex metal shapes by melting 
the metal in a furnace and pouring the molten metal into a mold to 
solidify into the desired shape. Foundry processes include: (1) Melting 
metal ingot, alloyed ingot, scrap, or a combination in a melting 
furnace; (2) alloying the molten metal (if necessary); (3) pouring the 
molten metal into a mold where it forms the desired shape, cools, and 
solidifies (this process is also referred to as casting); (4) removing 
the cast from the mold; (5) cleaning (e.g., shot blasting, grinding); 
and (6) finishing the casting surface. Foundries using sand casting may 
also have facilities that prepare sand molds and cores onsite.
    The metal HAP emissions that were used as the basis for the 1990 
inventory are emitted from the melting furnaces, where solid metal 
(e.g., ingot, scrap, alloys) is heated to high temperatures to produce 
molten metal. The most common types of melting furnaces used at 
aluminum, copper, and other nonferrous foundries are reverberatory 
(more common for aluminum foundries), crucible, and induction furnaces. 
Gas-fired (and sometimes oil-fired) reverberatory furnaces heat the 
metal to melting temperatures with direct-fired, wall-mounted burners. 
These furnaces are brick-lined and constructed with a curved roof. The 
term ``reverberatory'' is used because heat rising from ignited fuel is 
reflected (reverberated) back down from the curved furnace roof and 
into the melted charge. A typical reverberatory furnace has an enclosed 
melt area where the flame heat source operates directly above the 
molten metal. Reverberatory furnaces have capacities ranging from 1 to 
150 tons of molten metal. The advantages of reverberatory melters are 
the high-volume processing rate and low operating and maintenance 
costs. The disadvantages are the high metal oxidation rates, low 
efficiencies, and large floor space requirements.
    Gas-fired crucible furnaces are small-capacity indirect melters and 
holders typically used for small melting applications or exclusively as 
a holding furnace. The metal is placed or poured into a ceramic 
crucible, which is contained in a circular furnace and is fired by a 
gas burner. The energy is applied indirectly to the metal by heating 
the crucible. The advantages of crucible furnaces are their ability to 
change alloys quickly, their low oxidation losses, and their low 
maintenance costs. Disadvantages include low efficiency and size 
limitations.
    There are two general types of induction furnaces: Channel and 
coreless. Channel furnaces use an electromagnetic field to heat the 
metal between two coils and induce a flowing pattern of the molten 
metal, which serves to maintain uniform temperatures without mechanical 
stirring. Coreless furnaces heat the metal via an external primary coil 
and are slightly less efficient than channel furnaces, but their melt 
capacity per unit floor area is much higher. Channel furnaces are used

[[Page 6514]]

almost exclusively as holding furnaces, while coreless furnaces are 
used mainly for melting finely shredded scrap, where they are most cost 
competitive with gas-fired furnaces. The advantages of induction 
furnaces include high melting efficiency, low emissions, low metal 
oxidation losses, and high alloy uniformity due to increased mixing. 
Their disadvantages relate primarily to their high capital and 
operating costs. Induction furnaces range in size from very small to 
7.5 tons per melt.
    Tower furnaces are less common than the furnaces discussed above. 
In tower furnaces, metal ingot and scrap are loaded from the top of a 
vertical tower, and burners at the bottom of the tower melt the metal. 
The advantages of the tower furnaces are high efficiency and low 
oxidation losses. The disadvantages of tower furnaces are their high 
capital costs and the furnace size, which is restricted by height 
limitations.
2. Emission Sources and Available Controls
    Melting furnaces at aluminum, copper, and other nonferrous 
foundries are the emission sources of the HAP for which these area 
source categories were listed. Emissions of HAP metals from aluminum, 
copper, and other nonferrous foundries are directly related to the 
quantity of trace HAP metals that enter with the scrap and ingot that 
is charged to the melting furnaces. We collected industry survey data, 
reviewed operating permits, and held discussions with industry and 
trade association representatives to identify potential control 
technologies and management practices for these source categories. We 
identified two primary methods to control metal HAP emissions from 
foundries: (1) Management practices (i.e., specifications that limit 
the amount of metal HAP in charge materials, and suppression 
techniques, such as covers) and (2) add-on pollution control devices, 
such as baghouses. Our review indicated that most foundries already use 
management practices, often as part of their standard operating 
procedures, to reduce emissions of PM and metal HAP. Typical management 
practices include using covers or enclosures on melting furnaces when 
they are melting; using clean scrap; defining specifications for charge 
materials (e.g., specified range for lead, certified ingot); and 
monitoring melting and pouring temperature.
    The vast majority \5\ of melting furnaces at aluminum foundries are 
not equipped with emission control devices for PM, which may be 
attributed to differences in certain physical properties and 
characteristics of melting aluminum compared to melting copper and 
other nonferrous metals. For example, melting aluminum may result in 
lower emissions compared to the other nonferrous metals for several 
reasons. Higher melting temperatures result in higher emissions of PM 
and greater volatilization of HAP metals. Aluminum melts at 
approximately 1,200 [deg]F, whereas copper melts at about 2,000 [deg]F, 
nickel melts at 2,650 [deg]F, and iron and steel melt at 2,300 to 2,800 
[deg]F. In addition, most aluminum foundries melt aluminum ingot, 
alloyed ingot, and internal scrap that is recycled, all of which 
typically have very low concentrations of HAP metals. From our survey 
of aluminum foundries, we found that the materials charged to the 
melting furnaces contained, on average, only 0.4 percent of the urban 
HAP for which the source category was listed. In contrast, some copper-
based alloys, such as leaded brass, contain up to 3.5 percent lead.
---------------------------------------------------------------------------

    \5\ As discussed in more detail later in this preamble, none of 
the 111 aluminum melting furnaces identified in our survey of nine 
companies had PM control devices, and our review of operating 
permits for 36 aluminum foundries with 297 melting furnaces showed 
that only two foundries with 12 of the 297 melting furnaces (4 
percent) had PM control devices.
---------------------------------------------------------------------------

    Melting furnaces for copper, copper-based alloys (primarily brass 
and bronze), and other nonferrous metals also use management practices 
to control emissions. In addition, many of the melting furnaces at 
copper and other nonferrous foundries, especially at the larger 
foundries, are equipped with baghouses or cartridge filters to control 
emissions of PM and metal HAP.

IV. Summary of the Proposed Standards

A. Do these proposed standards apply to my facility?

    The proposed standards would apply to all existing or new melting 
operations (the affected source), including all of the various types of 
melting furnaces, at an aluminum, copper, or other nonferrous foundry 
that meets certain applicability criteria. A melting operation is an 
existing affected source if construction or reconstruction of the 
melting operation commenced on or before February 9, 2009. A melting 
operation is a new affected source if construction or reconstruction of 
the melting operation commences after February 9, 2009.
    The proposed standards apply to each aluminum foundry, copper 
foundry, or other nonferrous foundry that: (1) Is an area source; (2) 
uses material that contains or has the potential to emit HAP for which 
the source category was listed (i.e., ``aluminum foundry HAP'', 
``copper foundry HAP'', and ``other nonferrous foundry HAP''; and (3) 
melts 600 tpy or greater of metal. Any material that contains 
beryllium, cadmium, lead, or nickel in amounts greater than or equal to 
0.1 percent by weight (as the metal), or contains manganese in amounts 
greater than or equal to 1.0 percent by weight (as the metal), would be 
considered a ``material containing aluminum foundry HAP''. Any material 
that contains lead or nickel in amounts greater than or equal to 0.1 
percent by weight (as the metal), or contains manganese in amounts 
greater than or equal to 1.0 percent by weight (as the metal) would be 
considered to be a ``material containing copper foundry HAP.'' Any 
material that contains chromium, lead, or nickel in amounts greater 
than or equal to 0.1 percent by weight (as the metal) would be 
considered to be a ``material containing other nonferrous foundry 
HAP.'' As explained in more detail in section V.A of this preamble, we 
are using elemental lead in the charge materials as a surrogate for 
lead compounds because the elemental lead is emitted from the melting 
furnace as lead compounds. Facilities could determine whether material 
contains the target HAP by using formulation data provided by the 
manufacturer or supplier, such as the material safety data sheet. The 
proposed definitions of these terms are consistent with the definitions 
used in standards developed for other area source categories such as 
Plating and Polishing (73 FR 37728, July 1, 2008), Metal Fabrication 
and Finishing (73 FR 42978, July 23, 2008) and as defined by OSHA at 29 
CFR 1910.1200 (i.e., a concentration of 0.1 percent or more for 
carcinogens and 1.0 percent or more for non-carcinogens).
    The proposed standards would not apply to research and development 
facilities, as defined in section 112(c)(7) of the CAA, because these 
facilities were not part of the 1990 inventory.

B. When must I comply with the proposed standards?

    The owner or operator of an existing source would be required to 
comply with the rule no later than 2 years after the date of 
publication of the final rule in the Federal Register. The owner or 
operator of a new source would be required to Federal Register or 
startup of the facility, whichever is later.

C. What are the proposed standards?

    We are proposing that the following management practices are GACT 
for new and existing sources at aluminum,

[[Page 6515]]

copper, and other nonferrous foundries: (1) Cover or enclose melting 
furnaces that are equipped with covers or enclosures during the melting 
process, to the extent practicable (e.g., except when access is needed, 
such as for charging, alloy addition, tapping); and (2) purchase and 
use only scrap material that has been depleted (to the extent 
practicable) of ``aluminum foundry HAP,'' ``copper foundry HAP'', or 
``other nonferrous foundry HAP'' (as applicable) in the materials 
charged to the melting furnace, excluding HAP metals that are required 
to be added for the production of alloyed castings. We are further 
proposing that facilities develop and retain and operate by a written 
management practices plan for minimizing emissions from melting 
operations that documents how the required management practices (and 
any other management practices in use) are to be implemented.
    The owner or operator of a new or existing source at a copper 
foundry or other nonferrous foundry that melts at least 6,000 tpy of 
metal would be required to comply with emission limits as described 
below. In setting the proposed emission limits, we are using PM as a 
surrogate for the metal HAP emissions. We are proposing that GACT for 
existing affected sources is achieving a PM control efficiency of at 
least 95.0 percent or an outlet PM concentration of at most 0.015 
grains per dry standard cubic feet (gr/dscf). We are proposing that 
GACT for new affected sources is achieving a PM control efficiency of 
at least 99.0 percent or an outlet PM concentration of at most of 0.010 
gr/dscf.

D. What are the compliance requirements?

1. Performance Test
    The owner or operator of any existing or new source subject to a PM 
emissions limit would be required to conduct a one-time initial 
performance test. The owner or operator would be required to test PM 
emissions from melting operations using EPA Method 5 (40 CFR part 60, 
appendix A-3) or EPA Method 17 (40 CFR part 60, appendix A-6).
    A performance test is not required for an existing affected source 
if a prior performance test has been conducted within the past 5 years 
using the methods required by this proposed rule, which are the methods 
required in Sec.  63.11151 of proposed subpart ZZZZZZ, and either no 
process changes had been made since the test, or the owner or operator 
can demonstrate to the satisfaction of the permitting authority that 
the results of the performance test, with or without adjustments, 
reliably demonstrate compliance despite process changes.
2. Monitoring Requirements
    The owner or operator of new or existing source would be required 
to record information to document conformance with the management 
practices plan. The proposed recordkeeping requirements are described 
in section IV.E of this preamble.
    For existing sources where emissions are controlled by a fabric 
filter, the owner or operator would be required to conduct and record 
the results of daily observations of visible emissions (VE) from the 
monovent or fabric filter outlet stack(s) during melting operations. 
Should any of the daily observations reveal any VE, the owner or 
operator must initiate corrective action to determine the cause of the 
VE within 1 hour and alleviate the cause of the emissions within 3 
hours of the observations by taking whatever corrective actions are 
necessary.
    The foundry would have the option to decrease the frequency of 
observations from daily to weekly if the foundry collects at least 90 
consecutive operating days of observations with no VE. If, after the 
foundry converts to a weekly schedule, any VE is observed, the foundry 
would be required to revert to a daily schedule until another 
consecutive 90 operating days of data are obtained that demonstrate 
there was no VE during the period observed. Then, the foundry may 
convert to a weekly observation schedule. We are requesting comment on 
whether the requirement for an initial period of 90 consecutive days of 
VE observations is appropriate and whether some other period of time 
would be adequate to establish consistent performance of the baghouse 
before reducing to weekly observations. As an alternative to the VE 
observations, an owner or operator of an existing source may elect to 
operate and maintain a bag leak detection system as described below for 
new sources.
    The owner or operator of new source equipped with a fabric filter 
would be required to operate and maintain a bag leak detection system 
and prepare a site-specific monitoring plan. The owner or operator of 
existing sources would have the option of complying with the bag leak 
detection system requirements as an alternative to the daily (or 
weekly) visual inspections.
    Our study of the industry indicates that fabric filters are used as 
the control device for melting furnaces; however, it is conceivable 
that there is an existing foundry that does or could use some other 
type of control device to meet the PM emission standard. If a copper or 
other nonferrous foundry uses a control device other than a fabric 
filter for existing sources subject to the PM emissions limit, the 
owner or operator must prepare and submit a monitoring plan to the 
permitting authority for approval. The information requirements for the 
plan would include: (1) A description of the device, (2) test results 
collected according to the rule requirements that verify the 
performance of the device for reducing PM emissions, (3) an operation 
and maintenance plan for the control device, (4) a list of operating 
parameters to be monitored, and (5) operating limits for control device 
operating parameters based on monitoring data collected during the 
performance test.

E. What are the notification, recordkeeping, and reporting 
requirements?

    The owner or operator of existing or new sources would be required 
to comply with certain requirements of the General Provisions (40 CFR 
part 63, subpart A), which are identified in Table 1 of the proposed 
rule. The General Provisions include specific requirements for 
notifications, recordkeeping, and reporting. We are proposing that the 
owner or operator of an affected foundry submit an Initial Notification 
according to the requirements Sec.  63.9(a) through (d) and a 
Notification of Compliance Status according to the requirements in 
Sec.  63.9(h) of the NESHAP General Provisions (40 CFR part 63, subpart 
A).
    All aluminum, copper and other nonferrous foundries would be 
required to keep records to document compliance with the required 
management practices. For melting furnaces equipped with a cover or 
enclosure, these records would include the identity of each melting 
furnace equipped with a cover or enclosure, the date and time of each 
melting operation, and confirmation that the procedures in the 
management practices plan were followed. These records may be in the 
form of a checklist. The proposed rule also would require records of 
the purchase and use of only metal scrap that has been depleted of HAP 
metals prior to charging in a melting furnace.
    Owners or operators of existing sources equipped with a fabric 
filter would be required to maintain records of all VE monitoring data 
including:
    <bullet> Date, place, and time of the monitoring event;
    <bullet> Person conducting the monitoring;
    <bullet> Technique or method used;

[[Page 6516]]

    <bullet> Operating conditions during the activity;
    <bullet> Results, including the date, time, and duration of the 
period from the time the monitoring indicated a problem to the time 
that monitoring indicated proper operation.
    <bullet> Maintenance or other corrective action.

Recordkeeping requirements also would apply to facilities that use bag 
leak detection systems. We are also proposing to require that copper 
foundries and other nonferrous foundries that are not subject to the PM 
emission limits keep records to demonstrate the total annual amount 
(i.e., tpy) of metal melted at the facility is less than 6,000 tpy.
    If a deviation from the rule requirements occurs, an affected 
foundry would be required to submit a compliance report for that 
reporting period. The proposed rule specifies the information 
requirements for such compliance reports.

V. Rationale for This Proposed Rule

A. How did we select the source categories?

    As discussed in section II of this preamble, the inclusion of the 
``Secondary Aluminum Production'' (renamed ``Aluminum Foundries'') area 
source category on the area source category list was based on data from 
the CAA section 112(k) inventory, which represents 1990 urban air 
information. The ``Aluminum Foundries'' area source category was listed 
as contributing a percentage of the total area source emissions for the 
following urban HAP: Beryllium, cadmium, lead compounds, manganese, and 
nickel.
    The ``Copper Foundries'' and ``Nonferrous Foundries nec'' (renamed 
``Other Nonferrous Foundries'') source categories were listed under CAA 
section 112(c)(3) on November 22, 2002 (67 FR 70427). The ``Copper 
Foundries'' area source category was listed based on emissions of lead 
compounds, manganese, and nickel. The ``Other Nonferrous Foundries'' 
area source category was listed based on emissions of chromium, lead 
compounds, and nickel.
    For the Aluminum Foundries, Copper Foundries, and Other Nonferrous 
Foundries area source categories, we solicited information on the 
production operations, emission sources, and available controls using 
written facility surveys, reviews of published literature, and reviews 
of operating permits. We also held discussions with industry 
representatives and trade associations. This research confirmed that 
the aluminum, copper, and other nonferrous foundry sources emit the 
urban HAP for which the source categories were listed, although we 
found that current emissions of such HAP are lower than the amounts 
estimated for 1990 in the section 112(k) inventory. The lower emissions 
can be attributed to the lower worker exposure standard for lead 
developed by the Occupational Safety and Health Administration (OSHA) 
in 1996, State permitting requirements, and actions taken to improve 
efficiency or reduce costs.
    We are proposing that the rule apply only to those foundries that 
emit the metal HAP for which the source category was listed. The 
Aluminum Foundries, Copper Foundries, and Other Nonferrous Foundries 
source categories would include only those facilities that use 
materials that contain or have the potential to emit aluminum foundry 
HAP, copper foundry HAP, or other nonferrous foundry HAP from melting 
furnaces.
    We are proposing to use elemental lead as a surrogate for lead 
compounds when determining the HAP metal content of materials charged 
to the furnace because elemental lead is a precursor to the formation 
of lead oxide (and other lead compounds), and lead compounds are a 
listed HAP for all three of the source categories that are the subject 
of this proposal. When elemental lead is used in furnace charge 
materials (e.g., as an alloy), some lead volatilizes at the high 
temperatures of the melting furnace and reacts with oxygen in the air, 
forming lead compounds. The presence of elemental lead in materials 
charged to the melting furnaces is an indication of potential HAP 
emissions of lead compounds. As with the listed examples, we believe 
that emissions below the OSHA thresholds were not part of the 1990 
inventory that established the basis for the listing. However, 
foundries melting copper-based alloys (such as alloys that contain 
elemental lead to make certain types of brass) emit lead compounds and 
were part of the 1990 inventory that established the basis for the 
listing.
    We also queried the 1990 TRI to develop the list of plants and 
their emissions used to develop the CAA section 112(k) emissions 
inventory for the three source categories. This query was performed in 
the same manner (by standard industrial classification code for the 
source categories reporting for 1990) that was used to develop the 1990 
inventory. Our review of the basis for the listing of the three source 
categories indicated that the 1990 inventory was based on a small 
number of the largest foundries that met the TRI reporting thresholds. 
None of the very small foundries that are common in these source 
categories were included in the 1990 TRI or used as the basis for the 
CAA section 112(k) listing. From our analysis of the 1990 TRI reporting 
data, we concluded that emissions from foundries melting less than 600 
tpy of metal were not included in the 1990 baseline inventory because 
they were not significant contributors to emissions of the listed metal 
HAP. Consequently, consistent with the listing, we are clarifying that 
the source category includes only those aluminum, copper, and other 
nonferrous foundries that melt 600 tpy or more of metal because only 
these foundries were the basis for the listing of the area source 
categories. We estimate that 318 of 966 aluminum, copper, and other 
nonferrous foundries would be subject to the proposed rule. These 318 
facilities account for 90 percent of the production in the source 
categories and approximately 90 percent of the urban HAP emissions. 
Based on our experience with previous regulations involving foundry 
operations, there is a good correlation between the total amount of 
metal melted (production level) and resulting PM/metal HAP emissions.

B. How did we select the affected source?

    Affected source means the collection of equipment and processes in 
the source category or subcategory to which the subpart applies. In 
selecting the affected source for this proposed rule, we identified 
foundry melting operations as the source of metal HAP emissions that 
was used for the 1990 inventory. In the melting operations, the melting 
furnaces (e.g., induction, reverberatory, crucible, tower) are heated 
to high temperatures, primarily by natural gas or electricity, to melt 
solid ingot and scrap. Emissions from the molten metal include the 
primary metal being melted and its oxides, and to a lesser extent, 
trace quantities of HAP metals if they are present in the materials 
melted in the furnace. We concluded that designating foundry melting 
operations (including all of the various types of melting furnaces at 
an affected foundry) as the affected source was the most appropriate 
approach.

C. How are the aluminum foundry HAP, the copper foundry HAP, and the 
other nonferrous foundry HAP addressed by this proposed rule?

    For this proposed rule, we decided that it was not practical to 
establish individual standards for each specific type of aluminum, 
copper, and other

[[Page 6517]]

nonferrous foundry metal HAP that could be present in the various 
processes. A sufficient correlation exists between PM and these metal 
HAP to rely on PM as a surrogate for both the presence of the HAP and 
for their control.\6\ When released, each of the metal HAP compounds 
behaves as PM. The control technologies used for the control of PM 
emissions achieve comparable levels of performance on the individual 
aluminum, copper, and other nonferrous foundry metal HAP emissions. 
Therefore, standards requiring good control of PM also achieve good 
control of aluminum, copper, and other nonferrous foundry metal HAP 
emissions. Furthermore, establishing separate standards for each 
individual metal HAP would impose costly and significantly more complex 
compliance and monitoring requirements and achieve little, if any, HAP 
emissions reductions beyond what would be achieved using the surrogate 
pollutant approach based on total PM. Based on these considerations, we 
are proposing standards for aluminum, copper, and other nonferrous 
foundries based on control of total PM as a surrogate pollutant for the 
individual aluminum, copper, and other nonferrous foundry metal HAP.
---------------------------------------------------------------------------

    \6\ National Lime Association v. EPA. 233 F.3d 625, 639-640 
(D.C. Cir. 2000) and Sierra Club v. EPA, 353 F.3d 976 (D.C. Cir. 
2004).
---------------------------------------------------------------------------

D. How did we determine GACT?

    As provided in CAA section 112(d)(5), we are proposing standards 
representing GACT for the ``Aluminum Foundries'', ``Copper Foundries'', 
and ``Other Nonferrous Foundries'' area source categories. As noted in 
section III.A of this preamble, EPA has the discretion to establish 
standards for area sources listed pursuant to section 112(c) based on 
GACT. See CAA section 112(d)(5). The statute does not set any condition 
precedent for issuing standards under section 112(d)(5) other than that 
the area source category or subcategory at issue must be one that EPA 
listed pursuant to section 112(c), which is the case here.
    Our data indicate that none of the facilities in the aluminum or 
other nonferrous foundries source categories are major sources. 
Consequently, we could not examine major sources in the same industrial 
sector to identify control technologies and management practices that 
may be transferable and generally available to area sources. However, 
we did consider technologies and practices at other major and area 
sources in similar categories. For example, we reviewed the management 
practices required by the area source standards for iron and steel 
foundries (40 CFR part 63, subpart ZZZZZ).
    All of the facilities in the three source categories at issue here 
for which we have obtained data have good operational controls in 
place. We evaluated the control technologies and management practices 
that are generally available for these foundry area source categories. 
We also considered costs and economic impacts in determining GACT. We 
believe the consideration of costs and economic impacts is especially 
important for determining GACT for the Aluminum Foundries, Copper 
Foundries, and Other Nonferrous Foundries area source categories 
because, given their relatively low level of HAP emissions, requiring 
additional controls would result in only marginal reductions in 
emissions at very high costs for modest incremental improvement in 
control. We explain our proposed GACT determinations in detail below.
1. Aluminum Foundries
    We gathered background information on aluminum foundries from 
discussions with industry trade associations, an industry survey of 
area sources (no major sources were identified), and from a review of 
operating permits to identify the emission controls and management 
practices that are currently used to control PM and metal HAP 
emissions. We sent surveys to 9 companies with 10 aluminum foundries, 
and we received information from these 9 companies for 111 aluminum 
melting furnaces. EPA sent the survey to foundries ranging in size from 
200 tpy of total metal processed and 11 to 12 employees per plant to 
20,000 tpy and 350 to 650 employees per plant (including three large 
foundries operated by automobile manufacturing companies). We also 
obtained and reviewed operating permits for 36 foundries that operate 
297 furnaces for melting aluminum. The survey results indicate that 
none of the 111 melting furnaces at the 10 plants have PM emission 
control devices on their melting furnaces. Ninety-six percent of the 
melting furnaces included in the permit information do not have PM 
emission control devices.\7\ The lack of PM controls for aluminum 
melting furnaces is not surprising because of their lower operating 
(melt) temperatures and corresponding low emission potential compared 
to furnaces melting other metals.
---------------------------------------------------------------------------

    \7\ 285 of the 297 melting furnaces (96 percent) at 34 of the 36 
plants.
---------------------------------------------------------------------------

    We also requested information in our survey on management practices 
to control emissions, and we reviewed the operating permits for 
management practices that might be used. The most common management 
practice reported in the survey responses was the use of ``clean 
charge'' materials (primary ingot, internal recycled scrap), which was 
mentioned specifically by six plants. Four plants reported using covers 
on some of their furnaces to suppress emissions. In our review of 
management practices employed by similar area source categories, we 
found that a similar management practice has been applied and is 
required in other area source rules (i.e., requiring that furnace 
charge materials be depleted of HAP metals to the extent practicable). 
(See 40 CFR part 63, subpart EEEEE and subpart YYYYY.)
    Based on our review of the techniques used at aluminum foundries 
and other types of foundries, we are proposing that the management 
practices discussed above are GACT for both existing and new sources. 
These techniques are generally available and have been implemented by 
many of the aluminum foundries. To the best of our knowledge and based 
on the information we have available, the management practices are not 
costly to implement and would not result in any significant adverse 
economic impact on any foundry (i.e., the cost would be much less than 
0.1 percent of sales). Specifically, we are proposing as GACT that each 
aluminum foundry owner or operator would (1) cover or enclose melting 
furnaces, which are equipped with covers or enclosures during the 
melting process, to the extent practicable (e.g., except when access is 
needed, such as for charging, alloy addition, tapping); and (2) 
purchase and use only aluminum scrap that has been depleted (to the 
extent practicable) of HAP metals in the materials charged to the 
melting furnace, excluding HAP metals that are required to be added for 
the production of alloyed castings. In addition, we are proposing that 
each aluminum foundry owner or operator prepare and operate pursuant to 
a written management practices plan that includes, but is not limited 
to, the requirements described above. The plan would also include all 
other procedures that are implemented at the facility to minimize 
emissions from melting furnaces. The exception for alloyed castings is 
appropriate because some foundries, especially those producing alloys 
in which lead is an essential component, purchase certain types of 
scrap specifically for their lead content. An owner or operator who 
uses this exception would be required to

[[Page 6518]]

maintain records to document that the HAP metal is included in the 
material specification for the cast metal product.
    We also examined the feasibility of defining GACT to include an 
add-on control device (such as a fabric filter) to control metal HAP 
emissions from aluminum foundries. We had sufficient data on emissions 
and stack gas flow rates from an operating permit and an emissions 
inventory to perform an analysis for a medium-sized aluminum foundry 
(4,700 tpy of production) that had 51 crucible melting furnaces with 
melting rates that ranged from 9 to 68 tons per hour. The furnaces were 
in seven groups that exhausted through 16 different stacks. We 
estimated the total installed capital cost for a baghouse on each of 
the seven groups of furnaces as $4.7 million, with a total annualized 
cost of $1.0 million per year. The reduction in PM emissions was 
estimated as 6 tpy, with a reduction of 0.02 tpy of metal HAP 
emissions. The cost effectiveness was estimated as $200,000 per ton for 
control of PM and $50 million per ton for control of metal HAP. We are 
therefore proposing that add-on controls, such as a baghouse, should 
not represent GACT for aluminum foundries because of the high cost and 
low cost effectiveness for only a marginal reduction in HAP emissions.
2. Copper and Other Nonferrous Foundries
    In identifying GACT for sources in the Copper Foundries and Other 
Nonferrous Foundries area source categories, we gathered background 
information from industry surveys and operating permits to identify the 
emission controls and management practices that are currently used to 
control PM and metal HAP emissions from these sources. We sent surveys 
to nine companies operating copper foundries and two companies 
operating nonferrous foundries. We found that many facilities have both 
copper and other nonferrous foundries co-located at the same site. 
Because of the significant overlap between foundry operations and the 
similarity in melting processes, we evaluated GACT for copper and other 
nonferrous foundries collectively. In addition to similar metal 
products being cast at many of the same facilities in the two source 
categories, we found that copper and other nonferrous foundries use the 
same types and sizes of furnaces to melt certified ingot and/or scrap 
metal. The survey sent to the nine companies included foundries ranging 
in size from 50 tpy of total metal processed and less than 5 employees 
per plant to 16,000 tpy and 350 to 500 employees per plant. We also 
received information from industry trade associations and from 
operating permits for 15 additional copper and other nonferrous 
foundries. As part of the industry survey, we requested information on 
management practices to control emissions, and we reviewed the 
operating permits for management practices that might be used. We also 
reviewed the management practices used in similar source categories, 
such as Aluminum Foundries and Iron and Steel Foundries.
    Based on our review of the techniques used at foundries, we are 
proposing the management practices discussed previously for aluminum 
foundries as GACT for both existing and new sources at copper and other 
nonferrous foundries. These techniques are generally available and have 
been widely implemented by many copper and other nonferrous foundries. 
In addition, these management practices are not costly to implement and 
would not result in any significant adverse economic impact on any 
foundry (i.e., the cost would be much less than 0.1 percent of sales). 
The owner or operator of a copper and other nonferrous foundry subject 
to the area source standards would be required to (1) cover or enclose 
melting furnaces, which are equipped with covers or enclosures during 
the melting process, to the extent practicable (e.g., except when 
access is needed, such as for charging, alloy addition, tapping); and 
(2) purchase and use only scrap that has been depleted (to the extent 
practicable) of HAP metals in the materials charged to the melting 
furnace, excluding HAP metals that are required to be added for the 
production of alloyed castings. In addition, we are proposing that each 
copper and other nonferrous foundry owner or operator prepare and 
operate by a written management practices plan that includes, but is 
not limited to, the requirements described above. The plan would also 
include all other procedures that are implemented at the facility to 
minimize emissions from melting furnaces. As discussed above, the 
exception for alloyed castings is appropriate because some foundries, 
especially those producing alloys in which lead is an essential 
component, purchase certain types of scrap specifically for their lead 
content. For example, certain grades of brass castings (a copper-based 
alloy) are required to have percent levels of lead in their product 
specification. As for aluminum foundries, an owner or operator who uses 
this exception would maintain records to document that the HAP metal is 
included in the material specification for the cast metal product.
    As part of the GACT analysis, we also considered whether other 
control techniques or add-on controls (in addition to management 
practices) should be considered generally available for this industry 
and whether there are differences in processes, sizes, or other factors 
affecting emissions that would warrant subcategorization.\8\ In our 
review of the production and emissions data for all of the copper and 
other nonferrous foundries in the project database, we found 
significant differences among foundries based on their total melt 
rates. Smaller foundries were found to have smaller melting furnaces 
and lower emissions, and smaller foundries are more likely to have 
smaller scale (e.g., crucible) furnaces and other low capacity 
furnaces. These differences in process equipment affect the feasibility 
and cost effectiveness of add-on controls such as baghouses to reduce 
metal HAP emissions. Based on these differences, we determined that 
subcategorization of copper and other nonferrous foundries by size was 
justified to evaluate the feasibility of add-on controls.
---------------------------------------------------------------------------

    \8\ Under section 112(d)(1) of the CAA, EPA ``may distinguish 
among classes, types, and sizes within a source category or 
subcategory in establishing such standards * * *''.
---------------------------------------------------------------------------

    We evaluated the impacts of requiring all melting furnaces to 
operate with a baghouse control system. As part of that evaluation, we 
examined the feasibility of defining GACT for those facilities melting 
less than 6,000 tpy of total metal to include an add-on control device 
for PM and HAP metals (such as a baghouse) to control metal HAP 
emissions. For those facilities with annual melting rates less than 
6,000 tpy of total metal, we had information showing that fewer than 
half (4 out of 10) of the foundries currently use add-on controls and 
that all of the facilities that responded to the survey use some type 
of management practice(s) to minimize PM and metal HAP emissions. Based 
on our analysis of costs for a typical facility melting less than 6,000 
tpy, we estimated the cost effectiveness for applying a baghouse to the 
melting furnaces as $50,000 per ton of PM and $1 million per ton of 
metal HAP. We therefore concluded that add-on controls, such as a 
baghouse, should not represent GACT for copper and other nonferrous 
foundries with melting rates less than 6,000 tpy of total metal 
processed because of the high equipment and installation cost (compared 
to process equipment) and low cost effectiveness. For facilities 
melting less than 6,000 tpy, we

[[Page 6519]]

concluded that GACT is the management practices discussed above.
    We also examined the feasibility of add-on controls for metal HAP 
for melting furnaces melting 6,000 tpy or more. Our evaluation of the 
data and survey results showed that at least nine of the 10 foundries 
we identified with melting rates greater than or equal to 6,000 tpy use 
add-on controls for PM and HAP metals on their melting operations. 
Discussions with industry trade associations and foundry 
representatives indicated that all copper and other nonferrous 
foundries melting more than 6,000 tpy used add-on controls for 
emissions of PM and metal HAP. Consequently, to the best of our 
knowledge and based on the available information, there would be no 
significant costs or adverse economic impacts in determining that GACT 
for foundries melting 6,000 tpy or more of total metal should include 
(in addition to the management practices discussed above) an emission 
standard based on the level of control achieved by an add-on control 
device. If commenters can identify foundries not in our database that 
would be required to install add-on control devices as a result of this 
proposed rule, please provide supporting data (at a minimum, the name 
and location of the foundry and its melting capacity) in your comments.
    In their survey responses, facilities that melted 6,000 tpy or more 
of total metal reported using fabric filters (i.e., baghouses or 
cartridge filters) on furnace melting operations and that such fabric 
filters performed at a PM collection efficiency of at least 95 percent. 
Based on the same types of controls used on similar sources, an 
equivalent outlet PM concentration limit is 0.034 grams per dry 
standard cubic meter (g/dscm) (i.e., 0.015 grains per dry standard 
cubic foot [gr/dscf]).
    Based on the data we have collected, we are proposing the 
management practices discussed above and a PM standard as GACT for 
existing copper and other nonferrous foundries that melt 6,000 tpy or 
more of metal that would require achieving a reduction in the PM 
emissions from melting operations of at least 95 percent or an outlet 
concentration of no more than 0.034 g/dscm (0.015 gr/dscf), which is 
equivalent to a reduction of at least 95 percent. The proposed PM 
standard would be based on the performance that has been demonstrated 
for fabric filters applied to existing sources' melting operations in 
the Copper Foundries and Other Nonferrous Foundries source categories. 
For example, an equivalent outlet concentration limit of 0.034 g/dscm 
(0.015 gr/dscf) was determined to be GACT for melting furnaces at 
secondary nonferrous metal processing area sources, and the melting 
furnaces, emissions, and level of control that can be achieved are 
similar to those at copper and other nonferrous foundries. An outlet 
concentration limit is necessary (in addition to a percent reduction 
standard) because the inlet flow rate and concentration (both needed to 
determine control efficiency) for some emission control systems cannot 
be accurately measured due to the configuration of duct work. In 
addition, some furnaces have an inlet mass rate that is so low that 
control efficiency is not a practical measure of performance. We 
determined that the GACT level of control is achievable by technology 
(i.e., baghouse or cartridge filters) that is generally available and 
widely used, and the technology is effective for controlling emissions 
of PM, copper foundry HAP, and other nonferrous foundry HAP.
    In identifying GACT for new affected sources in the Copper 
Foundries and Other Nonferrous Foundries area source categories, we 
considered the available data on the existing facilities and the levels 
of control achieved by the best performing sources, which is a level of 
control that can be designed into and achieved by new sources. The best 
performing facilities reported that each fabric filter used at their 
facilities performed at a PM collection efficiency of at least 99 
percent.
    We contacted baghouse manufacturers to gather information on design 
parameters and performance for new baghouse installations in the 
foundries industry. Furthermore, we also considered the performance of 
baghouses at similar sources (e.g., melting furnaces used in other 
industries). Based on the available data from the existing facilities, 
a review of operating permits, contacts with baghouse manufacturers, 
and consideration of baghouse performance at similar sources, we are 
proposing that the management practices discussed above and a PM 
standard as GACT for new copper and other nonferrous foundries that 
melt 6,000 tpy or more of metal that would require achieving a 
reduction in the PM emissions from melting operations of at least 99 
percent or an outlet concentration of no more than 0.023 g/dscm (0.010 
gr/dscf), which is equivalent to a reduction of at least 99 percent.

E. How did we select the compliance requirements?

    We are proposing testing, monitoring, notification, recordkeeping, 
and reporting requirements needed to assure compliance with the rule as 
proposed. These proposed provisions are based, in part, on requirements 
that have been applied to several similar industries in other area 
source category rules and an understanding of how control devices 
perform and how control devices and management practices can be 
effectively monitored. In selecting these provisions, we identified the 
information necessary to ensure that emissions controls are maintained 
and operated properly on a continuing basis.
    The proposed notification and recordkeeping requirements are 
primarily from the NESHAP General Provisions (40 CFR part 63, subpart 
A). Specifically, we are proposing that the owner or operator of an 
affected source submit Initial Notifications and a Notification of 
Compliance Status because these notifications provide the information 
needed to identify the affected sources subject to the proposed 
standards and to confirm the compliance status of the facilities. See 
40 CFR 63.9(b) and (h). We are also proposing that foundry owners or 
operators keep records and, if a deviation occurs, submit a compliance 
report that describes the deviation and corrective action. We believe 
the proposed requirements would ensure compliance with the provisions 
of this proposed rule without posing a significant additional burden 
for the facilities that would implement them.
    Aluminum, copper, and other nonferrous foundries that would be 
subject to this rule would be required to prepare and implement a 
written management practice plan to minimize emissions from melting 
furnaces and record certain information showing that the management 
practices are implemented. Copper or other nonferrous foundries that 
melt 6,000 tpy or greater of metal would be required to comply with a 
PM emission standard, conduct a performance test to demonstrate initial 
compliance, and conduct daily monitoring of control device operation to 
ensure that the fabric filter continues to operate efficiently. If an 
observation reveals the presence of visible emissions (VE), the owner 
or operator would be required to take corrective action. Records would 
be required to demonstrate conformance with the fabric filter 
monitoring requirements.
    We are proposing to require bag leak detection systems for new 
sources because these systems can be incorporated into the design and 
operation of new sources without retrofitting, as would be the case if 
they were to be incorporated into existing sources. Bag leak detection 
systems are

[[Page 6520]]

typical requirements in our regulations of new sources that are of the 
size and complexity as copper and other nonferrous foundries. The 
proposed rule also offers bag leak detection systems as an alternative 
monitoring option for owners or operators of existing sources.
    We are proposing that facilities with existing sources comply with 
the rule's requirements no later than 2 years after the date of 
publication of the final rule in the Federal Register. We are further 
proposing that facilities with new sources comply at startup. We are 
proposing 2 years for existing sources because of the time needed for 
facilities (most of which are small businesses that have never been 
regulated before) to understand the regulation and to plan, prepare, 
and implement compliance activities. These small businesses have 
limited resources and will need assistance; however, it will take time 
for small business assistance centers to provide the necessary outreach 
and assistance. We believe 2 years for compliance is ``as expeditious 
as practicable'' considering all of these factors. (See CAA section 
112(i)(3).)

F. How did we decide to propose to exempt these source categories from 
title V permit requirements?

    We are proposing exemptions from title V permitting requirements 
for affected facilities in the aluminum, copper, and other nonferrous 
foundries area source categories for the reasons described below. 
Section 502(a) of the CAA provides that the Administrator may exempt an 
area source category from title V if he determines that compliance with 
title V requirements is ``impracticable, infeasible, or unnecessarily 
burdensome'' on an area source category. See CAA section 502(a). In 
December 2005, in a national rulemaking, EPA interpreted the term 
``unnecessarily burdensome'' in CAA section 502 and developed a four-
factor balancing test for determining whether title V is unnecessarily 
burdensome for a particular area source category, such that an 
exemption from title V is appropriate. See 70 FR 75320, December 19, 
2005 (Exemption Rule).
    The four factors that EPA identified in the Exemption Rule for 
determining whether title V is unnecessarily burdensome on a particular 
area source category include (1) whether title V would result in 
significant improvements to the compliance requirements, including 
monitoring, recordkeeping, and reporting, that are proposed for an area 
source category (70 FR 75323); (2) whether title V permitting would 
impose significant burdens on the area source category and whether the 
burdens would be aggravated by any difficulty the sources may have in 
obtaining assistance from permitting agencies (70 FR 75324); (3) 
whether the costs of title V permitting for the area source category 
would be justified, taking into consideration any potential gains in 
compliance likely to occur for such sources (70 FR 75325); and (4) 
whether there are implementation and enforcement programs in place that 
are sufficient to assure compliance with the NESHAP for the area source 
category, without relying on title V permits (70 FR 75326).
    In discussing these factors in the Exemption Rule, we further 
explained that we considered on ``a case-by-case basis the extent to 
which one or more of the four factors supported title V exemptions for 
a given source category, and then we assessed whether considered 
together those factors demonstrated that compliance with title V 
requirements would be `unnecessarily burdensome' on the category, 
consistent with section 502(a) of the Act.'' See 70 FR 75323. Thus, in 
the Exemption Rule, we explained that not all of the four factors must 
weigh in favor of exemption for EPA to determine that title V is 
unnecessarily burdensome for a particular area source category. 
Instead, the factors are to be considered in combination, and EPA 
determines whether the factors, taken together, support an exemption 
from title V for a particular source category. As discussed in more 
detail below, our evaluation of these four factors weigh in favor of 
exemption of these source categories.
    In the Exemption Rule, in addition to determining whether 
compliance with title V requirements would be unnecessarily burdensome 
on an area source category, we considered, consistent with the guidance 
provided by the legislative history of section 502(a), whether 
exempting the area source category would adversely affect public 
health, welfare, or the environment. See 70 FR 15254-15255, March 25, 
2005. We believe that the proposed exemptions from title V would not 
adversely affect public health, welfare, and the environment. Our 
rationale for these decisions follows here.
    In considering the proposed exemption from title V requirements for 
sources in the source categories affected by this proposed rule, we 
first compared the title V monitoring, recordkeeping, and reporting 
requirements (factor one) to the requirements in this proposed NESHAP 
for the Aluminum Foundries, Copper Foundries, and Other Nonferrous 
Foundries area source categories. EPA is proposing that a PM emission 
limit based on the use of fabric filters is GACT for copper and other 
nonferrous foundries melting 6,000 tpy or more of metal, and that 
management practices currently used at most facilities is GACT for all 
foundries in each of the three source categories. This proposed rule 
would require daily (or weekly) VE determinations for existing sources, 
bag leak detection system for new sources, recordkeeping, and deviation 
reporting to assure compliance with this NESHAP. The monitoring 
component of the first factor favors title V exemption because this 
proposed standard would provide for monitoring that assures compliance 
with the requirements of the proposed rule. For existing sources 
located at copper or other nonferrous foundries processing 6,000 tpy or 
more of total metal, this proposed NESHAP would set an emission limit 
that would require the use of a PM control system (i.e., fabric filter) 
with daily VE determinations. For new and existing sources located at 
aluminum, copper, or nonferrous foundries, the proposed NESHAP would 
require management practices to control emissions from melting 
furnaces. For the management practices, recordkeeping would be required 
to assure that the management practices are implemented, such as the 
use of covers or enclosures during melting and the purchase and use of 
materials that have been depleted (to the extent practicable) of 
aluminum foundry HAP, copper foundry HAP, and other nonferrous foundry 
HAP.
    As part of the first factor, we have considered the extent to which 
title V could potentially enhance compliance for area sources covered 
by this proposed rule through monitoring, recordkeeping, or reporting 
requirements. We have considered the various title V recordkeeping and 
reporting requirements, including requirements for a 6-month monitoring 
report, deviation reports, and an annual certification in 40 CFR 70.6 
and 71.6. For any affected aluminum, copper, or other nonferrous 
foundry area source facility, this proposed NESHAP would require 
Initial Notifications and a Notification of Compliance Status. The 
proposed aluminum, copper, and other nonferrous foundries NESHAP would 
also require affected facilities to maintain records showing compliance 
with the proposed monitoring requirements and management practices and 
to submit a compliance report to the permitting authority if any 
deviation occurs. The information that would be required in the 
notifications, records, and reports is similar to the information

[[Page 6521]]

that would be provided in the deviation reports required under 40 CFR 
70.6(a)(3) and 40 CFR 71.6(a)(3). We acknowledge that title V might 
impose additional compliance requirements on this category, but we 
believe that the monitoring, recordkeeping, and reporting requirements 
of this proposed NESHAP for aluminum, copper, and other nonferrous 
foundries would be sufficient to assure compliance with the provisions 
of this NESHAP, and that title V would not significantly improve those 
compliance requirements.
    For the second factor, we determined whether title V permitting 
would impose a significant burden on the area sources in the category 
and whether that burden would be aggravated by any difficulty the 
source may have in obtaining assistance from the permitting agency. 
Subjecting any source to title V permitting imposes certain burdens and 
costs that do not exist outside of the title V program. EPA estimated 
that the average cost of obtaining and complying with a title V permit 
was $65,700 per source for a 5-year permit period, including fees. See 
Information Collection Request for Part 70 Operating Permit 
Regulations, June 2007, EPA ICR Number 1587.07. EPA does not have 
specific estimates for the burdens and costs of permitting aluminum, 
copper, and other nonferrous foundry sources; however, there are 
certain activities associated with the part 70 and 71 rules. These 
activities are mandatory and impose burdens on the facility. They 
include reading and understanding permit program guidance and 
regulations; obtaining and understanding permit application forms; 
answering follow-up questions from permitting authorities after the 
application is submitted; reviewing and understanding the permit; 
collecting records; preparing and submitting monitoring reports on a 6-
month or more frequent basis; preparing and submitting prompt deviation 
reports, as defined by the State, which may include a combination of 
written, verbal, and other communications methods; collecting 
information, preparing, and submitting the annual compliance 
certification; preparing applications for permit revisions every 5 
years; and, as needed, preparing and submitting applications for permit 
revisions. In addition, although not required by the permit rules, many 
sources obtain the contractual services of consultants to help them 
understand and meet the permitting program's requirements. The ICR for 
part 70 provides additional information on the overall burdens and 
costs, as well as the relative burdens of each activity. Also, for a 
more comprehensive list of requirements imposed on part 70 sources 
(hence, burden on sources), see the requirements of 40 CFR 70.3, 70.5, 
70.6, and 70.7.
    In assessing the second factor for aluminum, copper, and other 
nonferrous foundries, we found that approximately 98 percent of the 
plants that would be affected by the proposed rule are small 
businesses, most with fewer than 50 employees and about 25 percent or 
more with only one to four employees. These small sources lack the 
technical resources to comply with permitting requirements and the 
financial resources needed to hire the necessary staff or outside 
consultants. As discussed previously, title V permitting would impose 
significant costs on these area sources, and, accordingly, we believe 
that title V would be a significant burden for sources in this 
category. Most are small businesses with limited resources, and under 
title V, they would be subject to numerous mandatory activities with 
which they would have difficulty complying, whether they were issued a 
standard or a general permit. Furthermore, given the number of sources 
in the category and the relatively small size of most of those sources, 
it would likely be difficult for them to obtain assistance from the 
permitting authority. Thus, we believe that the second factor strongly 
supports title V exemption for aluminum, copper, and other nonferrous 
foundries.
    The third factor, which is closely related to the second factor, is 
whether the costs of title V permitting for these area sources would be 
justified, taking into consideration any potential gains in compliance 
likely to occur for such sources. We explained above for the second 
factor that the costs of compliance with title V would impose a 
significant burden on nearly all of the 300 or more aluminum, copper, 
and other nonferrous foundries that would be affected by the proposed 
rule. Although title V might impose additional requirements, we believe 
that in considering the first factor, the monitoring, recordkeeping and 
reporting requirements in the proposed NESHAP would assure compliance 
with the controls and management practices imposed in the NESHAP as 
proposed. Because the costs of compliance with title V are so high, and 
the potential for gains in compliance is low, we are proposing that 
title V permitting is not justified for these source categories. 
Accordingly, the third factor supports the proposed title V exemptions 
for aluminum, copper, and other nonferrous foundries area sources.
    The fourth factor we considered in determining if title V is 
unnecessarily burdensome is whether there are implementation and 
enforcement programs in place that are sufficient to assure compliance 
with the NESHAP without relying on title V permits. States to which EPA 
delegates authority to implement and enforce this NESHAP will have 
programs in place to enforce the rule, and we believe that these 
programs will be sufficient to assure compliance. We also note that EPA 
retains authority to enforce this NESHAP anytime under CAA sections 
112, 113, and 114. We further note that small business assistance 
programs required by CAA section 507 may be used to assist area sources 
that have been exempted from title V permitting. Also, States and EPA 
often conduct voluntary compliance assistance, outreach, and education 
programs (compliance assistance programs), which are not required by 
statute. These additional programs would supplement and enhance the 
success of compliance with this area source NESHAP. We believe that the 
statutory requirements for implementation and enforcement of this 
NESHAP by the delegated States and EPA and the additional assistance 
programs described above together are sufficient to assure compliance 
with this area source NESHAP without relying on title V permits.
    In applying the fourth factor in the Exemption Rule, where EPA had 
deferred action on the title V exemption for several years, we had 
enforcement data available to demonstrate that States were not only 
enforcing the provisions of the area source NESHAP that we exempted, 
but that the States were also providing compliance assistance to assure 
that the area sources were in the best position to comply with the 
NESHAP. See 70 FR 75325-75326. In proposing this rule, we do not have 
similar data available on the specific enforcement as in the Exemption 
Rule, but we have no reason to think that States which are delegated to 
implement and enforce this NESHAP will be less diligent in their 
enforcement responsibilities. See 70 FR 75326. In fact, States must 
have adequate programs to enforce the section 112 regulations and 
provide assurances that they will enforce all NESHAP before EPA will 
delegate the program. See 40 CFR part 63, subpart E.
    In light of all the information presented here, we believe that 
there are implementation and enforcement programs in place that are 
sufficient to assure compliance with the aluminum,

[[Page 6522]]

copper, and other nonferrous foundries NESHAP without relying on title 
V permitting.
    Balancing the four factors for these area source categories 
strongly supports the proposed finding that title V is unnecessarily 
burdensome. Although title V might add additional compliance 
requirements, if imposed, we believe that there would not be 
significant improvements to the proposed compliance requirements in the 
NESHAP because the proposed requirements are specifically designed to 
assure compliance with the emission standards that would be imposed on 
these area source categories.
    We also believe that the costs of compliance with title V would 
impose a significant burden on the sources. In addition, the high 
relative costs would not be justified given that there is likely to be 
little or no potential gain in compliance if title V were required. 
And, finally, for delegated States, we believe there are adequate 
implementation and enforcement programs in place to assure compliance 
with the NESHAP. Thus, we propose that title V permitting is 
unnecessarily burdensome for the Aluminum Foundries, Copper Foundries, 
and Other Nonferrous Foundries area source categories.
    In addition to evaluating whether compliance with title V 
requirements is unnecessarily burdensome, EPA also considered, 
consistent with guidance provided by the legislative history of section 
502(a), whether exempting the aluminum, copper, and other nonferrous 
foundries area source categories from title V requirements would 
adversely affect public health, welfare, or the environment. Exemption 
of the aluminum, copper, and other nonferrous foundries area source 
categories from title V requirements would not adversely affect public 
health, welfare, or the environment because the level of control would 
remain the same if a permit were required. The title V permit program 
does not generally impose new substantive air quality control 
requirements on sources, but instead requires that certain procedural 
measures be followed, particularly with respect to determining 
compliance with applicable requirements. As stated in our consideration 
of the first factor for this category, we do not believe title V would 
lead to significant improvements in the compliance requirements 
applicable to existing or new area sources.
    Furthermore, one of the primary purposes of the title V permitting 
program is to clarify, in a single document, the various and sometimes 
complex regulations that apply to sources in order to improve 
understanding of these requirements and to help sources achieve 
compliance with the requirements. In this case, however, we do not 
believe that a title V permit is necessary to understand the 
requirements that would be applicable to these area sources because the 
requirements of the rule are not difficult to implement. We also have 
no reason to think that new sources would be substantially different 
from the existing sources. In addition, we explained in the Exemption 
Rule that requiring permits for the large number of area sources could, 
at least in the first few years of implementation, potentially 
adversely affect public health, welfare, or the environment by shifting 
State agency resources away from assuring compliance for major sources 
with existing permits to issuing new permits for these area sources, 
potentially reducing overall air program effectiveness. Based on this 
analysis, we believe that title V exemptions for the aluminum, copper, 
and other nonferrous foundries area sources would not adversely affect 
public health, welfare, or the environment for all of the reasons 
previously explained.
    For the reasons stated here, we are proposing to exempt the 
aluminum, copper, and other nonferrous foundries area source categories 
from title V permitting requirements.

VI. Summary of the Impacts of the Proposed Standards

    Existing aluminum, copper, and other nonferrous foundries are 
currently well-controlled, and our proposed GACT determination reflects 
such controls. Compared to 1990, when the baseline emissions were 
established, these sources have improved their level of control and 
reduced emissions due to State permitting requirements, OSHA 
regulations (particularly for lead), and actions taken to improve 
efficiency and reduce costs. We estimate that the only impacts 
associated with the proposed rule are the compliance requirements 
(i.e., monitoring, reporting, recordkeeping, and testing).
    Approximately 318 aluminum, copper, and other nonferrous foundries 
would be subject to the proposed rule and would incur initial one-time 
costs of $656,000 and a total annualized cost of $645,000/yr (an 
average of $2,000/yr per plant). The one-time (``first'' costs) are for 
initial notifications; preparing the management practices plan and 
startup, shutdown, and malfunction plan; and initial performance tests. 
Recurring annual costs include those for maintaining records and daily 
visual inspections of fabric filters.

VII. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order 12866 (58 FR 51735, October 4, 1993), and is 
therefore not subject to review under the Executive Order.

B. Paperwork Reduction Act

    The information collection requirements in this proposed rule have 
been submitted for approval to OMB under the Paperwork Reduction Act, 
44 U.S.C. 3501 et seq. The Information Collection Request (ICR) 
document prepared by EPA has been assigned EPA ICR No. 2332.01.
    The recordkeeping and reporting requirements in the proposed rule 
would be based on the information collection requirements in EPA's 
NESHAP General Provisions (40 CFR part 63, subpart A). The 
recordkeeping and reporting requirements in the General Provisions are 
mandatory pursuant to section 114 of the CAA (42 U.S.C. 7414). All 
information other than emissions data 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 EPA's implementing regulations at 40 CFR part 2, subpart B.
    The proposed NESHAP would require applicable one-time notifications 
according to the NESHAP General Provisions. Plant owners or operators 
would be required to prepare and operate by written management practice 
plans and include compliance certifications for the management 
practices in their Notifications of Compliance Status. Foundries 
subject to the emission standards would be required to conduct daily VE 
observations with a reduction to weekly VE observations if VE are not 
detected after 90 consecutive days of daily observations. Recordkeeping 
would be required to demonstrate compliance with management practices, 
monitoring, and applicability provisions. The affected facilities are 
expected to already have the necessary control and monitoring equipment 
in place and to already conduct much of the required monitoring and 
recordkeeping activities. Foundries subject to the rule also would be 
required to comply with the requirements for startup, shutdown, and 
malfunction plans/reports and to submit

[[Page 6523]]

a compliance report if a deviation occurred during the semiannual 
reporting period.
    The average annual burden for this information collection averaged 
over the first 3 years of this ICR is estimated to total 7,202 labor 
hours per year at a cost of approximately $411,278 for the 318 
facilities that would be subject to the proposed rule, or approximately 
68 hours per year per facility. No capital/startup costs or operation 
and maintenance costs are associated with the proposed information 
collection requirements. No costs or burden hours are estimated for new 
area source foundries because none are projected for the next 3 years. 
Burden is defined at 5 CFR 1320.3(b).
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless the collection 
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.
    To comment on EPA's need for this information, the accuracy of the 
provided burden estimates, and any suggested methods for minimizing 
respondent burden, including the use of automated collection 
techniques, EPA has established a public docket for this action, which 
includes this ICR, under Docket ID number EPA-HQ-OAR-2008-0236. Please 
submit any comments related to the ICR for the proposed rule to EPA and 
OMB. See the ADDRESSES section at the beginning of this preamble for 
where to submit comments to EPA. Send comments to OMB at the Office of 
Information and Regulatory Affairs, Office of Management and Budget, 
725 17th Street, NW., Washington, DC 20503, Attention: Desk Office for 
EPA. Because OMB is required to make a decision concerning the ICR 
between 30 and 60 days after February 9, 2009, a comment to OMB is best 
assured of having its full effect if OMB receives it by March 11, 2009. 
The final rule will respond to any OMB or public comments on the 
information collection requirements contained in this proposal.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act 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 proposed area 
source NESHAP on small entities, a small entity is defined as: (1) A 
small business whose parent company meets the Small Business 
Administration size standards for small businesses found at 13 CFR 
121.201 (less than 500 for aluminum, copper, and other nonferrous 
foundries); (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 that is independently owned and operated 
and is not dominant in its field.
    After considering the economic impacts of today's proposed rule on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. There would 
be no significant impacts on new or existing aluminum, copper, or 
nonferrous foundries because this proposed rule would not create any 
new requirements or burdens other than minimal compliance requirements. 
This proposed rule is estimated to impact 318 (of more than 962) area 
source facilities, 307 of which are small entities. The analysis shows 
that none of the small entities would incur economic impacts exceeding 
3 percent of its revenue. We have determined that small entity 
compliance costs are expected to be less than 0.05 percent of company 
sales revenue for all affected plants. Although this proposed rule 
would contain requirements for new area sources, EPA does not expect 
any new aluminum, copper, or other nonferrous foundries to be 
constructed in the foreseeable future; therefore, EPA did not estimate 
the impacts for new affected sources.
    Although this proposed rule would not have a significant economic 
impact on a substantial number of small entities, EPA nonetheless has 
tried to reduce the impact of this proposed rule on small entities. The 
standards represent practices and controls that are common throughout 
the industry. The standards would also require only the essential 
monitoring, recordkeeping, and reporting needed to verify compliance. 
The proposed standards were developed based on information obtained 
from small businesses in our surveys, consultation with small business 
representatives, and consultation with industry representatives that 
are affiliated with small businesses. We continue to be interested in 
the potential impacts of the proposed action on small entities and 
welcome comments on issues related to such impacts.

D. Unfunded Mandates Reform Act

    This proposed rule does not contain a Federal mandate that may 
result in expenditures of $100 million or more for State, local, and 
tribal governments, in the aggregate, or to the private sector in any 
one year. This proposed rule is not expected to impact State, local, or 
tribal governments. The nationwide annualized cost of this proposed 
rule for affected industrial sources is $645,000/yr. Thus, this 
proposed rule would not be subject to the requirements of sections 202 
and 205 of the Unfunded Mandates Reform Act (UMRA).
    This proposed rule would also not be subject to the requirements of 
section 203 of UMRA because it contains no regulatory requirements that 
might significantly or uniquely affect small governments. The proposed 
rule would not apply to such governments and would impose no 
obligations upon them.

E. Executive Order 13132: Federalism

    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.''
    This proposed rule does not have federalism implications. It would 
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. The proposed rule would not 
impose any requirements on State and local governments. Thus, Executive 
Order 13132 does not apply to this proposed rule.
    In the spirit of Executive Order 13132, and consistent with EPA 
policy to promote communications between EPA and State and local 
governments, EPA specifically solicits comments on this proposed rule 
from State and local officials.

[[Page 6524]]

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

    This action does not have tribal implications, as specified in 
Executive Order 13175 (65 FR 67249, November 9, 2000). This proposed 
rule would not impose any requirements on tribal governments; thus, 
Executive Order 13175 does not apply to this action. EPA specifically 
solicits additional comment on this proposed action from tribal 
officials.

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

    Executive Order 13045, ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (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 the Agency.
    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. This action is not subject 
to Executive Order 13045 because it is based solely on technology 
performance.

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

    This action is not a ``significant energy action'' as defined in 
Executive Order 13211 (66 FR 28355, May 22, 2001) because it is not 
likely to have a significant adverse effect on the supply, 
distribution, or use of energy. We have concluded that this proposed 
rule would not likely have any significant adverse energy effects 
because no additional pollution controls or other equipment that 
consume energy would be required.

I. National Technology Transfer Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law No. 104-113 (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. VCS are technical standards 
(e.g., materials specifications, test methods, sampling procedures, 
business practices) that are developed or adopted by voluntary 
consensus standards bodies. NTTAA directs EPA to provide Congress, 
through OMB, explanations when the Agency decides not to use available 
and applicable VCS.
    This rulemaking involves technical standards. EPA has decided to 
use ASME PTC 19.10-1981, ``Flue and Exhaust Gas Analyses,'' for its 
manual methods of measuring the oxygen or carbon dioxide content of the 
exhaust gas. These parts of ASME PTC 19.10-1981 are acceptable 
alternatives to EPA Method 3B. This standard is available from the 
American Society of Mechanical Engineers (ASME), Three Park Avenue, New 
York, NY 10016-5990.
    EPA has also decided to use EPA Methods 1, 1A, 2, 2A, 2C, 2D, 2F, 
2G, 3, 3A, 3B, 4, 5, 5D, and 17. Although the Agency has identified 11 
VCS as being potentially applicable to these methods cited in this 
rule, we have decided not to use these standards in this rulemaking. 
The use of these VCS would have been impractical because they do not 
meet the objectives of the standards cited in this rule. The search and 
review results are in the docket for this rule.
    EPA welcomes comments on this aspect of the proposed rulemaking 
and, specifically, invites the public to identify potentially 
applicable VCS and to explain why such standards should be used in this 
regulation. Under Sec.  63.7(f) and Sec.  63.8(f) of Subpart A of the 
General Provisions, 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 in the final rule and amendments.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes 
Federal executive policy on environmental justice. Its main provision 
directs Federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States.
    EPA has determined that this proposed rule would not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it would not 
affect the level of protection provided to human health or the 
environment.

List of Subjects in 40 CFR Part 63

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

    Dated: January 15, 2009.
Stephen L. Johnson,
Administrator.

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

PART 63--[AMENDED]

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

    Authority: 42 U.S.C. 7401 et seq.

Subpart A--[Amended]

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


Sec.  63.14  Incorporations by reference.

* * * * *
    (i) * * *
    (1) ANSI/ASME PTC 19.10-1981, ``Flue and Exhaust Gas Analyses [Part 
10, Instruments and Apparatus],'' IBR approved for Sec. Sec.  
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), 63.11410(j)(1)(iii), 
63.11551(a)(2)(i)(C), table 5 to subpart DDDDD of this part, and table 
1 to subpart ZZZZZ of this part.
* * * * *
    3. Part 63 is amended by adding subpart ZZZZZZ to read as follows:
Subpart ZZZZZZ--National Emission Standards for Hazardous Air 
Pollutants: Area Source Standards for Aluminum, Copper, and Other 
Nonferrous Foundries

Applicability and Compliance Dates

Sec.

[[Page 6525]]

63.11544 Am I subject to this subpart?
63.11545 What are my compliance dates?

Standards and Compliance Requirements

63.11550 What are my standards and management practices?
63.11551 What are my initial compliance requirements?
63.11552 What are my monitoring requirements?
63.11553 What are my notification, reporting, and recordkeeping 
requirements?

Other Requirements and Information

63.11555 What General Provisions apply to this subpart?
63.11556 What definitions apply to this subpart?
63.11557 Who implements and enforces this subpart?
63.11558 [Reserved]

Tables to Subpart ZZZZZZ of Part 63

Table 1 to Subpart ZZZZZZ of Part 63--Applicability of General 
Provisions to Aluminum, Copper, and Other Nonferrous Foundries Area 
Sources

Subpart ZZZZZZ--National Emission Standards for Hazardous Air 
Pollutants: Area Source Standards for Aluminum, Copper, and Other 
Nonferrous Foundries

Applicability and Compliance Dates


Sec.  63.11544  Am I subject to this subpart?

    (a) You are subject to this subpart if you own or operate an 
aluminum foundry, copper foundry, or other nonferrous foundry as 
defined in Sec.  63.11556, ``What definitions apply to this subpart?'' 
that is an area source of hazardous air pollutant (HAP) emissions and 
meets the criteria specified in paragraphs (a)(1) and (2) of this 
section.
    (1) Your aluminum foundry, copper foundry, or other nonferrous 
foundry uses materials that contain or have the potential to emit one 
or more aluminum foundry HAP, copper foundry HAP, or other nonferrous 
foundry HAP, as defined in Sec.  63.11556, ``What definitions apply to 
this subpart?''; and
    (2) Your aluminum foundry, copper foundry, or other nonferrous 
foundry melts at least 600 tons per year (tpy) of metal.
    (b) This subpart applies to each new or existing affected source 
located at an aluminum, copper, or other nonferrous foundry subject to 
this subpart, as specified in paragraphs (b)(1) through (3) of this 
section.
    (1) Aluminum foundry sources that melt materials that contain or 
have the potential to emit one or more aluminum foundry HAP as defined 
in Sec.  63.11556, ``What definitions apply to this subpart?''
    (2) Copper foundry melting operations that melt materials that 
contain or have the potential to emit one or more copper foundry HAP as 
defined in Sec.  63.11556, ``What definitions apply to this subpart?''
    (3) Other nonferrous foundry melting operations that melt materials 
that contain or have the potential to emit one or more other nonferrous 
foundry HAP as defined in Sec.  63.11556, ``What definitions apply to 
this subpart?''
    (c) An affected source is an existing source if you commenced 
construction or reconstruction of the affected source on or before 
February 9, 2009.
    (d) An affected source is a new source if you commenced 
construction or reconstruction of the affected source after February 9, 
2009.
    (e) This subpart does not apply to research and development 
facilities, as defined in section 112(c)(7) of the Clean Air Act.
    (f) 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 
to obtain a permit under 40 CFR 70.3(a) or 40 CFR 71.3(a) for a reason 
other than your status as an area source under this subpart. 
Notwithstanding the previous sentence, you must continue to comply with 
the provisions of this subpart applicable to area sources.


Sec.  63.11545  What are my compliance dates?

    (a) If you own or operate an existing affected source, you must 
achieve compliance with the applicable provisions of this subpart no 
later than [2 years after the date of publication of the final rule in 
the Federal Register].
    (b) If you start up a new affected source on or before [the date of 
publication of the final rule in the Federal Register], you must 
achieve compliance with the provisions of this subpart no later than 
[the date of publication of the final rule in the Federal Register].
    (c) If you start up a new affected source after [the date of 
publication of the final rule in the Federal Register], you must 
achieve compliance with the provisions of this subpart upon startup of 
your affected source.

Standards and Compliance Requirements


Sec.  63.11550  What are my standards and management practices?

    (a) If you own or operate new or existing sources at an aluminum 
foundry, copper foundry, or other nonferrous foundry that is subject to 
this subpart, you must comply with the requirements in paragraphs 
(a)(1) through (3) of this section.
    (1) Cover or enclose each melting furnace that is equipped with a 
cover or enclosure during the melting operation to the extent 
practicable (e.g., except where access is needed, such as for charging, 
alloy addition, tapping).
    (2) Purchase only metal scrap that has been depleted (to the extent 
practicable) of aluminum foundry HAP, copper foundry HAP, or nonferrous 
foundry HAP (as applicable) in the materials charged to the melting 
furnace, except metal scrap that is purchased specifically for its HAP 
metal content for use in alloying;
    (3) Prepare and operate pursuant to a written management practices 
plan. The management practices plan must include the required 
management practices in paragraphs (a)(1) and (2) of this section and 
any other management practices that are implemented at the facility to 
minimize emissions from melting furnaces. You may use your standard 
operating procedures as the management practices plan provided the 
standard operating procedures include the required management practices 
in paragraphs (a)(1) and (2) of this section.
    (b) If you own or operate new or existing sources at a copper 
foundry or other nonferrous foundry that melts 6,000 tpy or greater of 
metal:
    (1) For existing sources, you must achieve a particulate matter 
(PM) control efficiency of at least 95.0 percent or an outlet PM 
concentration limit of at most 0.034 grams per dry standard cubic meter 
(g/dscm) (0.015 grains per dry standard cubic feet (gr/dscf)).
    (2) For new sources, you must achieve a PM control efficiency of at 
least 99.0 percent or an outlet PM concentration limit of at most 0.023 
g/dscm (0.010 gr/dscf).


Sec.  63.11551  What are my initial compliance requirements?

    (a) Except as specified in paragraph (b) of this section, you must 
conduct a performance test for existing and new sources at a copper or 
other nonferrous foundry that is subject to Sec.  63.11550(b). You must 
conduct the test within 180 days of your compliance date and report the 
results in your Notification of Compliance Status according to Sec.  
63.9(h).
    (b) If you own or operate existing sources at a copper or other 
nonferrous foundry that is subject to Sec.  63.11550(b), you are not 
required to conduct a performance test if a prior performance test was 
conducted within the past 5 years of the compliance date using the same 
methods specified in paragraph (c) of this section and you meet either 
of the following two conditions:

[[Page 6526]]

    (1) No process changes have been made since the test; or
    (2) You demonstrate to the satisfaction of the permitting authority 
that the results of the performance test, with or without adjustments, 
reliably demonstrate compliance despite process changes.
    (c) You must conduct each test according to the requirements in 
Sec.  63.7 and the requirements in paragraphs (c)(1) and (2) of this 
section.
    (1) You must determine the concentration of PM (for the 
concentration standard) or the mass rate of PM (for the percent 
reduction standard) according to the following test methods:
    (i) Method 1 or 1A (40 CFR part 60, appendix A-1) to select 
sampling port locations and the number of traverse points in each stack 
or duct. If you are complying with the concentration provision in Sec.  
63.11550(b), sampling sites must be located at the outlet of the 
control device and prior to any releases to the atmosphere. If you are 
complying with the percent reduction provision in Sec.  63.11550(b), 
sampling sites must be located at the inlet and outlet of the control 
device and prior to any releases to the atmosphere.
    (ii) Method 2, 2A, 2C, 2D, 2F (40 CFR part 60, appendix A-1), or 
Method 2G (40 CFR part 60, appendix A-2) to determine the volumetric 
flow rate of the stack gas.
    (iii) Method 3, 3A, or 3B (40 CFR part 60, appendix A-2) 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 Sec.  63.14) as an alternative to EPA Method 3B.
    (iv) Method 4 (40 CFR part 60, appendix A-3) to determine the 
moisture content of the stack gas.
    (v) Method 5 or 5D (40 CFR part 60, appendix A-3) or Method 17 (40 
CFR part 60, appendix A-6) to determine the concentration of PM or mass 
rate of PM (front half filterable catch only). If you are subject to 
the percent reduction PM standard, you must determine the mass rate of 
PM at the inlet and outlet in pounds per hour and calculate the percent 
reduction in PM.
    (2) Three valid test runs are needed to comprise a performance 
test. Each run must cover at least one production cycle (charging, 
melting, and tapping).
    (3) During the test, you must operate each melting furnace within 
<plus-minus>10 percent of its normal process rate. You must monitor and 
record the process rate during the test.


Sec.  63.11552  What are the monitoring requirements?

    (a) You must record the information specified in Sec.  
63.11553(c)(2) to document conformance with the management practices 
plan required in Sec.  63.11550(a).
    (b) Except as specified in paragraph (b)(3) of this section, if you 
own or operate existing sources, you must conduct visible emissions 
(VE) monitoring according to the requirements in paragraphs (b)(1) and 
(2) of this section.
    (1) You must conduct visual monitoring of the monovent or fabric 
filter outlet stack(s) for any visible emissions (VE) according to the 
schedule specified in paragraphs (b)(1)(i) and (ii) of this section.
    (i) You must perform a visual determination of fugitive emissions 
once per day, on each day the process is in operation, during melting 
operations.
    (ii) If no visible fugitive emissions are detected in consecutive 
daily visual monitoring performed in accordance with paragraph 
(b)(1)(i) of this section for 90 days of operation of the process, you 
may decrease the frequency of visual monitoring to once per calendar 
week of time the process is in operation, during operation of the 
process. If visible fugitive emissions are detected during these 
inspections, you must resume daily visual monitoring of that operation 
during each day that the process is in operation, in accordance with 
paragraph (b)(1)(i) of this section until you satisfy the criteria of 
this section to resume conducting weekly visual monitoring.
    (2) If the visual monitoring reveals the presence of any VE, you 
must initiate procedures to determine the cause of the emissions within 
1 hour of the observations and alleviate the cause of the emissions 
within 3 hours by taking whatever corrective action(s) are necessary.
    (3) As an alternative to the monitoring requirements in paragraphs 
(b)(1) and (2) of this section, you may install, operate, and maintain 
a bag leak detection system for each fabric filter according to the 
requirements in paragraph (c) of this section.
    (c) If you own or operate new sources equipped with a fabric 
filter, you must install, operate, and maintain a bag leak detection 
system for each fabric filter according to paragraphs (c)(1) through 
(3) of this section.
    (1) Each bag leak detection system must meet the specifications and 
requirements in paragraphs (c)(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. You 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 (c)(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 
(c)(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 (c)(2) of this 
section.
    (vii) You must install the bag leak detection sensor downstream of 
the fabric filter.
    (viii) Where multiple detectors are required, the system's 
instrumentation and alarm may be shared among detectors.
    (2) You must prepare a site-specific monitoring plan for each bag 
leak detection system. You must operate and maintain each bag leak 
detection system according to the plan at all times. Each monitoring 
plan must describe the items in paragraphs (c)(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 and alarm delay time will be 
established;
    (iii) Operation of the bag leak detection system, including quality 
assurance procedures;

[[Page 6527]]

    (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 (c)(3) 
of this section.
    (3) Except as provided in paragraph (c)(4) of this section, you 
must initiate procedures to determine the cause of every alarm from a 
bag leak detection system within 1 hour of the alarm and 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 fabric filter for air leaks, torn or broken bags 
or filter media, or any other condition that may cause an increase in 
PM 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 fabric filter compartment;
    (v) Cleaning the bag leak detection system probe, or otherwise 
repairing the bag leak detection system; or
    (4) You may take more than 3 hours to alleviate a specific 
condition that causes an alarm if you identify in the monitoring plan 
this specific condition as one that could lead to an alarm, adequately 
explain why it is not feasible to alleviate this condition within 3 
hours of the time the alarm occurs, and demonstrate that the requested 
time will ensure alleviation of this condition as expeditiously as 
practicable.
    (d) If you use a control device other than a fabric filter for 
existing sources subject to Sec.  63.11551(b), you must prepare and 
submit a monitoring plan to the permitting authority for approval. Each 
plan must contain the information in paragraphs (d)(1) through (5) of 
this section.
    (1) A description of the device;
    (2) Test results collected in accordance with Sec.  63.11551(c) 
verifying the performance of the device for reducing PM emissions to 
the levels required by this subpart;
    (3) Operation and maintenance plan for the control device 
(including a preventive maintenance schedule consistent with the 
manufacturer's instructions for routine and long-term maintenance);
    (4) A list of operating parameters that will be monitored to 
maintain continuous compliance with the applicable emission limit; and
    (5) Operating parameter limits based on monitoring data collected 
during the performance test.


Sec.  63.11553  What are my notification, reporting, and recordkeeping, 
requirements?

    (a) You must submit the Initial Notification required by Sec.  
63.9(b)(2) no later than 120 calendar days after [the date of 
publication of the final rule in the Federal Register] or within 120 
days after the source becomes subject to the standard. The Initial 
Notification must include the information specified in paragraphs 
(a)(1) through (3) of this section and may be combined with the 
Notification of Compliance Status required in paragraph (b) of this 
section.
    (1) The name and address of the owner or operator;
    (2) The address (i.e., physical location) of the affected source; 
and
    (3) An identification of the relevant standard, or other 
requirement, that is the basis of the notification and source's 
compliance date.
    (b) You must submit the Notification of Compliance Status required 
by Sec.  63.9(h) no later than 120 days after the applicable compliance 
date specified in Sec.  63.11546 unless you must conduct a performance 
test. If you must conduct a performance test, you must submit the 
Notification of Compliance Status within 60 days of completing the 
performance test. In addition to the information required in Sec.  
63.9(h)(2) and Sec.  63.11551, your notification must include the 
following certification(s) of compliance, as applicable, and signed by 
a responsible official:
    (1) ``This facility complies with the requirements in Sec.  
63.11550(a)(1) to cover or enclose each melting furnace that is 
equipped with a cover or enclosure during the melting operation to the 
extent practicable''.
    (2) ``This facility complies with the requirement in Sec.  
63.11550(a)(2) to purchase and use only metal scrap that has been 
depleted (to the extent practicable) of aluminum foundry HAP, copper 
foundry HAP, or other nonferrous foundries HAP (as applicable) in the 
materials charged to the melting furnace, except for metal scrap that 
is purchased specifically for its HAP metal content for use in 
alloying''.
    (3) ``This facility has prepared and will operate by a written 
management practices plan according to Sec.  63.11550(a)(3).''
    (4) If the owner or operator of an existing affected source is 
certifying compliance based on the results of a previous performance 
test: ``This facility complies with Sec.  63.11550(b) based on a 
previous performance test in accordance with Sec.  63.11551(b).''
    (4) This certification of compliance by the owner or operator that 
installs bag leak detection systems: ``This facility has prepared a bag 
leak detection system monitoring plan in accordance with Sec.  
63.11552(c) and will operate each bag leak detection system according 
to the plan.''
    (c) You must keep the records specified in paragraphs (c)(1) 
through (5) of this section.
    (1) As required in Sec.  63.10(b)(2)(xiv), you must keep a copy of 
each notification that you submitted to comply with this subpart and 
all documentation supporting any Initial Notification or Notification 
of Compliance Status that you submitted.
    (2) You must keep records to document conformance with the 
management practice plan required by Sec.  63.11550 as specified in 
paragraphs (c)(2)(i) through (iv) of this section.
    (i) For melting furnaces equipped with a cover or enclosure, 
records must identify each melting furnace equipped with a cover or 
enclosure, the date and time of each melting operation, and that the 
procedures in the management practices plan were followed for each 
melting operation. These records may be in the form of a checklist.
    (ii) Records documenting your purchase and use of only metal scrap 
that has been depleted of HAP metals (to the extent practicable) 
charged to the melting furnace. If you purchase scrap metal 
specifically for the HAP metal content for use in alloying, records 
must show that the HAP metal is included in the material specifications 
for the cast metal product.
    (3) You must keep the records of all inspection and monitoring data 
required by Sec. Sec.  63.11551 and 63.11552, and the information 
identified in paragraphs (c)(3)(i) through (v) of this section for each 
required inspection or monitoring.
    (i) The date, place, and time of the monitoring event;
    (ii) Person conducting the monitoring;
    (iii) Technique or method used;
    (iv) Operating conditions during the activity;
    (v) Results, including the date, time, and duration of the period 
from the time the monitoring indicated a problem (e.g., VE) to the time 
that monitoring indicated proper operation; and
    (v) Maintenance or corrective action taken (if applicable).
    (4) If you own or operate new or existing sources at a copper 
foundry or other nonferrous foundry that is not subject to Sec.  
63.11550(b), you must maintain records to document that your

[[Page 6528]]

facility melts less than 6,000 tpy of metal.
    (5) If you use a bag leak detection system, you must keep the 
records specified in paragraphs (c)(5)(i) through (iii) of this 
section.
    (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.
    (iii) The date and time of all bag leak detection system alarms, 
and for each valid alarm, the time you initiated corrective action, the 
corrective action taken, and the date on which corrective action was 
completed.
    (d) Your records must be in a form suitable and readily available 
for expeditious review, according to Sec.  63.10(b)(1). As specified in 
Sec.  63.10(b)(1), you must keep each record for 5 years following the 
date of each recorded action. You must keep each record onsite for at 
least 2 years after the date of each recorded action according to Sec.  
63.10(b)(1). You may keep the records offsite for the remaining 3 
years.
    (e) If a deviation occurs during a semiannual reporting period, you 
must submit a compliance report to your permitting authority according 
to the requirements in paragraphs (e)(1) and (2) of this section.
    (1) The first reporting period covers the period beginning on the 
compliance date specified in Sec.  63.11546 and ending on June 30 or 
December 31, whichever date comes first after your compliance date. 
Each subsequent reporting period covers the semiannual period from 
January 1 through June 30 or from July 1 through December 31. Your 
compliance report must be postmarked or delivered no later than July 31 
or January 31, whichever date comes first after the end of the 
semiannual reporting period.
    (2) A compliance report must include the information in paragraphs 
(e)(2)(i) through (iv) of this section.
    (i) Company name and address.
    (ii) Statement by a responsible official, with the official's name, 
title, and signature, certifying the truth, accuracy and completeness 
of the content of the report.
    (iii) Date of the report and beginning and ending dates of the 
reporting period.
    (iv) Identification of the affected source, the pollutant being 
monitored, applicable requirement, description of deviation, and 
corrective action taken.

Other Requirements and Information


Sec.  63.11555  What General Provisions apply to this subpart?

    Table 1 to this subpart shows which parts of the General Provisions 
in Sec. Sec.  63.1 through 63.16 apply to you.


Sec.  63.11556  What definitions apply to this subpart?

    Terms used in this subpart are defined in the Clean Air Act, in 
Sec.  63.2, and in this section as follows:
    Aluminum foundry means a facility that melts aluminum and pours 
molten aluminum into molds to manufacture aluminum castings (except die 
casting).
    Aluminum foundry HAP means any compound of the following metals: 
beryllium, cadmium, lead, manganese, or nickel, or any of these metals 
in the elemental form.
    Bag leak detection system means a system that is capable of 
continuously monitoring relative particulate matter (i.e., dust) 
loadings in the exhaust of a baghouse to detect bag leaks and other 
upset conditions. A bag leak detection system includes, but is not 
limited to, an instrument that operates on triboelectric, light 
scattering, light transmittance, or other effect to continuously 
monitor relative particulate matter loadings.
    Copper foundry means a facility that melts copper or copper-based 
alloys and pours molten copper or copper-based alloys into molds to 
manufacture copper or copper-based alloy castings (excluding die 
casting).
    Copper foundry HAP means any compound of any of the following 
metals: Lead, manganese, or nickel, or any of these metals in the 
elemental form.
    Material containing aluminum foundry HAP means a material 
containing one or more aluminum foundry HAP. Any material that contains 
beryllium, cadmium, lead, or nickel in amounts greater than or equal to 
0.1 percent by weight (as the metal), or contains manganese in amounts 
greater than or equal to 1.0 percent by weight (as the metal), as shown 
in formulation data provided by the manufacturer or supplier, such as 
the Material Safety Data Sheet for the material, is considered to be a 
material containing aluminum foundry HAP.
    Material containing copper foundry HAP means a material containing 
one or more copper foundry HAP. Any material that contains lead or 
nickel in amounts greater than or equal to 0.1 percent by weight (as 
the metal), or contains manganese in amounts greater than or equal to 
1.0 percent by weight (as the metal), as shown in formulation data 
provided by the manufacturer or supplier, such as the Material Safety 
Data Sheet for the material, is considered to be a material containing 
copper foundry HAP.
    Material containing other nonferrous foundry HAP means a material 
containing one or more other nonferrous foundry HAP. Any material that 
contains chromium, lead, or nickel in amounts greater than or equal to 
0.1 percent by weight (as the metal), as shown in formulation data 
provided by the manufacturer or supplier, such as the Material Safety 
Data Sheet for the material, is considered to be a material containing 
other nonferrous foundry HAP.
    Melting operations means the collection of furnaces (e.g., 
induction, reverberatory, crucible, tower, dry hearth) used to melt 
metal ingot, alloyed ingot and/or metal scrap to produce molten metal 
that is poured into molds to make castings.
    Other nonferrous foundry means a facility that melts nonferrous 
metals other than aluminum, copper, or copper-based alloys and pours 
the nonferrous metals into molds to manufacture nonferrous metal 
castings (excluding die casting).
    Other nonferrous foundry HAP means any compound of the following 
metals: Chromium, lead, and nickel, or any of these metals in the 
elemental form.


Sec.  63.11557  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by the U.S. EPA or 
a delegated authority, such as your State, local, or tribal agency. If 
the U.S. EPA Administrator has delegated authority to your State, 
local, or tribal agency, then that agency has the authority to 
implement and enforce this subpart. You should contact your U.S. EPA 
Regional Office to find out if this subpart is delegated to your State, 
local, or tribal agency.
    (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 alternatives to the applicability requirements in 
Sec.  63.11544, the compliance date requirements in Sec.  63.11545, and 
the applicable standards in Sec.  63.11550.

[[Page 6529]]

    (2) Approval of an alternative nonopacity emissions standard under 
Sec.  63.6(g).
    (3) Approval of a major change to a test method under Sec.  
63.7(e)(2)(ii) and (f). A ``major change to test method'' is defined in 
Sec.  63.90(a).
    (4) Approval of a major change to monitoring under Sec.  63.8(f). A 
``major change to monitoring'' is defined in Sec.  63.90(a).
    (5) Approval of a waiver of recordkeeping or reporting requirements 
under Sec.  63.10(f), or another major change to recordkeeping/
reporting. A ``major change to recordkeeping/reporting'' is defined in 
Sec.  63.90(a).


Sec.  63.11558  [Reserved]

Tables to Subpart ZZZZZZ of Part 63

    Table 1 to Subpart ZZZZZZ of Part 63--Applicability of General Provisions to Aluminum, Copper, and Other
                                        Nonferrous Foundries Area Sources
  As required in Sec.   63.11555, ``What General Provisions apply to this subpart?,'' you must comply with each
                             requirement in the following table that applies to you.
----------------------------------------------------------------------------------------------------------------
              Citation                       Subject          Applies to subpart ZZZZZZ?        Explanation
----------------------------------------------------------------------------------------------------------------
Sec.   63.1(a)(1), (a)(2), (a)(3),   Applicability.........  Yes........................  Sec.   63.11544(f)
 (a)(4), (a)(6), (a)(10)-(a)(12),                                                          exempts affected
 (b)(1), (b)(3), (c)(1), (c)(2),                                                           sources from the
 (c)(5), (e).                                                                              obligation to obtain
                                                                                           a title V operating
                                                                                           permit.
Sec.   63.1(a)(5), (a)(7)-(a)(9),    Reserved..............  No.........................
 (b)(2), (c)(3), (c)(4), (d).
Sec.   63.2........................  Definitions...........  Yes........................
Sec.   63.3........................  Units and               Yes........................
                                      Abbreviations.
Sec.   63.4........................  Prohibited Activities   Yes........................
                                      and Circumvention.
Sec.   63.5........................  Preconstruction Review  Yes........................
                                      and Notification
                                      Requirements.
Sec.   63.6(a), (b)(1)-(b)(5),       Compliance with         Yes........................
 (b)(7), (c)(1), (c)(2), (c)(5),      Standards and
 (e)(1), (e)(3)(i), (e)(3)(iii)-      Maintenance
 (e)(3)(ix), (f)(2), (f)(3), (g),     Requirements.
 (i), (j).
Sec.   63.6(f)(1)..................  Compliance with         No.........................  Subpart ZZZZZZ
                                      Nonopacity Emission                                  requires continuous
                                      Standards.                                           compliance with all
                                                                                           requirements in this
                                                                                           subpart.
Sec.   63.6(h)(1), (h)(2), (h)(5)-   Compliance with         No.........................  Subpart ZZZZZZ does
 (h)(9).                              Opacity and Visible                                  not contain opacity
                                      Emission Limits.                                     or visible emission
                                                                                           limits.
Sec.   63.6(b)(6), (c)(3), (c)(4),   Reserved..............  No.........................
 (d), (e)(2), (e)(3)(ii), (h)(3),
 (h)(5)(iv).
Sec.   63.7........................  Applicability and       Yes........................
                                      Performance Test
                                      Dates.
Sec.   63.8(a)(1), (b)(1), (f)(1)-   Monitoring              Yes........................
 (5), (g).                            Requirements.
Sec.   63.8(a)(2), (a)(4), (b)(2)-   Continuous Monitoring   No.........................  Subpart ZZZZZZ does
 (3), (c), (d), (e), (f)(6), (g).     Systems.                                             not require a flare
                                                                                           or CPMS, COMS or
                                                                                           CEMS.
Sec.   63.8(a)(3)..................  [Reserved]............  No.........................
Sec.   63.9(a), (b)(1), (b)(2)(i)-   Notification            Yes........................  Subpart ZZZZZZ
 (iii), (b)(5), (c), (d), (e),        Requirements.                                        requires submission
 (h)(1)-(h)(3), (h)(5), (h)(6), (j).                                                       of Notification of
                                                                                           Compliance Status
                                                                                           within 120 days of
                                                                                           compliance date
                                                                                           unless a performance
                                                                                           test is required.
Sec.   63.9(b)(2)(iv)-(v), (b)(4),   ......................  No.........................
 (f), (g), (i).
Sec.   63.9(b)(3), (h)(4)..........  Reserved..............  No.........................
Sec.   63.10(a), (b)(1), (b)(2)(i)-  Recordkeeping and       Yes........................
 (v), (vii), (vii)(C), (viii),        Reporting
 (ix), (b)(3), (d)(1)-(2), (d)(4),    Requirements.
 (d)(5), (f).
Sec.   63.10(b)(2)(vi),              ......................  No.........................  Subpart ZZZZZZ does
 (b)(2)(vii)(A)-(B), (c), (d)(3),                                                          not require a CPMS,
 (e).                                                                                      COMS, CEMS, or
                                                                                           opacity or visible
                                                                                           emissions limit.
Sec.   63.10(c)(2)-(c)(4), (c)(9)..  Reserved..............  No.........................
Sec.   63.11.......................  Control Device          No.........................
                                      Requirements.
Sec.   63.12.......................  State Authority and     Yes........................
                                      Delegations.
Sec.  Sec.   63.13-63.16...........  Addresses,              Yes........................
                                      Incorporations by
                                      Reference,
                                      Availability of
                                      Information,
                                      Performance Track
                                      Provisions.
----------------------------------------------------------------------------------------------------------------

[FR Doc. E9-2400 Filed 2-6-09; 8:45 am]
BILLING CODE 6560-50-P


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