2930 Federal Register / Vol. 72, No. 14 / Tuesday, January 23, 2007 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–HQ–OAR–2006–0510; FRL–8257–4] 

RIN 2060–AN45 

National Emission Standards for 

Hazardous Air Pollutants for Area 

Sources: Polyvinyl Chloride and 

Copolymers Production, Primary 

Copper Smelting, Secondary Copper 

Smelting, and Primary Nonferrous 

Metals: Zinc, Cadmium, and Beryllium 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rules. 

SUMMARY: EPA is issuing national 

emission standards for hazardous air 

pollutants (NESHAP) for four area 

source categories. These final NESHAP 

include emissions limits and/or work 

practice standards that reflect the 

generally available control technologies 

(GACT) and/or management practices in 

each of these area source categories. 

DATES: These final rules are effective on 

January 23, 2007. The incorporation by 

reference of certain publications listed 

in these rules is approved by the 

Director of the Federal Register as of 

January 23, 2007. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2006–0510. All 

documents in the docket are listed in 

the Federal Docket Management System 

index at http://www.regulations.gov. 

Although listed in the index, some 

information is not publicly available, 

e.g., confidential business information 

or other information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically through 

www.regulations.gov or in hard copy at 

the EPA Docket Center, Public Reading 

Room, EPA West, Room 3334, 1301 

Constitution Ave., NW., Washington, 

DC. The Public Reading Room is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the Air 

Docket is (202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Sharon Nizich, U.S. EPA, Office of Air 

Quality Planning and Standards, Sector 

Policies and Programs Division, Metals 

and Minerals Group (D243–02), 

Research Triangle Park, North Carolina 

27711, telephone number: (919) 541– 

2825, fax number (919) 541–3207, 

e-mail address: nizich.sharon@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Outline 

The information presented in this 

preamble is organized as follows: 

I. General Information 

A. Does this action apply to me? 

B. Where can I get a copy of this 

document? 

C. Judicial Review 

II. Background Information for Final Area 

Source Standards 

III. Summary of Final Rule and Changes 

Since Proposal 

A. NESHAP for Polyvinyl Chloride and 

Copolymers Production Area Sources 

B. NESHAP for Primary Copper Smelting 

Area Sources 

C. NESHAP for Secondary Copper 

Smelting Area Sources 

D. NESHAP for Primary Nonferrous 

Metals—Zinc, Cadmium, and Beryllium 

Area Sources 

IV. Summary of Comments and Responses 

A. Existing Area Source Facilities 

B. Part 63 General Provisions 

C. Primary Copper Smelters 

D. Primary Zinc Smelters 

E. Basis for Area Source Standards 

F. Compliance Date 

V. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Act 

D. Unfunded Mandates Reform Act 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer 

Advancement Act 

J. Congressional Review Act 

I. General Information 

A. Does this action apply to me? 

The regulated categories and entities 

potentially affected by these final 

standards include: 

Category NAICS 

code 1 Examples of regulated entities 

Industry: 

Polyvinyl chloride and copolymers production.325211 Area source facilities that polymerize vinyl chloride monomer to produce vinyl chloride 

and/or copolymer products. 

Primary copper smelting ...................... 331411 Area source facilities that produce copper from copper sulfide ore concentrates using 

pyrometallurgical techniques. 

Secondary copper smelting ................. 2 331423 Area source facilities that process copper scrap in a blast furnace and converter or 

use another pyrometallurgical purification process to produce anode copper from 

copper scrap, including low-grade copper scrap. 

Primary nonferrous metals—zinc, cadmium, and beryllium.331419 Area source facilities that produce zinc, zinc oxide, cadmium, or cadmium oxide from 

zinc sulfide ore concentrates using pyrometallurgical techniques and area source 

facilities that produce beryllium metal, alloy, or oxide from beryllium ore. 

Federal government .................................... .................. Not affected. 

State/local/tribal government ....................... .................. Not affected. 

1 North American Industry Classification System. 

2This final rule applies only to secondary copper smelters and does not apply to copper, brass, and bronze ingot makers or remelters that may 

also be included under this NAICS code. 

This table is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. To determine 

whether your facility is regulated by this 

action, you should examine the 

applicability criteria in 40 CFR 63.11140 

of subpart DDDDDD (NESHAP for 

Polyvinyl Chloride and Copolymers 

Production Area Sources), 40 CFR 

63.11146 of subpart EEEEEE (NESHAP 

for Primary Copper Smelting Area 

Sources), 40 CFR 63.11153 of subpart 

FFFFFF (NESHAP for Secondary 

Copper Smelting Area Sources), or 40 

CFR 63.11160 of subpart GGGGGG 

(NESHAP for Primary Nonferrous 

Metals—Zinc, Cadmium, and Beryllium 


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Federal Register / Vol. 72, No. 14 / Tuesday, January 23, 2007 / Rules and Regulations 2931 

1Under section 112(a) of the Clean Air Act, an 

area source is defined as a stationary source that is 

not a major source. A major source is defined as a 

stationary source or a group of stationary sources 

located within a contiguous area and under 

common control that emits or has the potential to 

emit considering controls, in the aggregate, 10 tons 

per year or more of any HAP or 25 tons per year 

or more of any combination of HAP. 

Area Sources). If you have any questions 

regarding the applicability of this action 

to a particular entity, consult either the 

air permit authority for the entity or 

your EPA regional representative as 

listed in 40 CFR 63.13 of subpart A 

(General Provisions). 

B. Where can I get a copy of this 

document? 

In addition to being available in the 

docket, an electronic copy of this final 

action will also be available on the 

Worldwide Web (WWW) through the 

Technology Transfer Network (TTN). 

Following signature, a copy of this final 

action will be posted on the TTN’s 

policy and guidance page for newly 

proposed or promulgated rules at the 

following address: http://www.epa.gov/ 

ttn/oarpg/. The TTN provides 

information and technology exchange in 

various areas of air pollution control. 

C. Judicial Review 

Under section 307(b)(1) of the Clean 

Air Act (CAA), judicial review of these 

final rules is available only by filing a 

petition for review in the U.S. Court of 

Appeals for the District of Columbia 

Circuit by March 26, 2007. Under 

section 307(d)(7)(B) of the CAA, only an 

objection to these final rules that was 

raised with reasonable specificity 

during the period for public comment 

can be raised during judicial review. 

Moreover, under section 307(b)(2) of the 

CAA, the requirements established by 

these final rules may not be challenged 

separately in any civil or criminal 

proceedings brought by EPA to enforce 

these requirements. 

II. Background Information for Final 

Area Source Standards 

Sections 112(c)(3) and 112(k)(3)(B) of 

the CAA instruct EPA to identify not 

less than 30 HAP which, as a result of 

emissions from area sources, present the 

greatest threat to public health in the 

largest number of urban areas, and to 

list sufficient area source categories 1 to 

ensure that sources representing 90 

percent or more of the emissions of each 

of the 30 listed HAP (‘‘area source 

HAP’’) are subject to regulation. Sierra 

Club sued EPA, alleging a failure to 

complete standards for the source 

categories listed pursuant to CAA 

sections 112(c)(3) and (k)(3)(B) within 

the timeframe specified by the statute. 

See Sierra Club v. Johnston, No. 01–

1537, (D.D.C.). On March 31, 2006, the 

court issued an order requiring EPA to 

promulgate standards under CAA 

section 112(d) for those area source 

categories listed pursuant to CAA 

sections 112(c)(3) and (k)(3)(B). 

Among other things, the order 

requires that, by December 15, 2006, 

EPA complete standards for four of the 

listed area source categories. On October 

6, 2006 (71 FR 59302) we proposed 

NESHAP for the following four listed 

area source categories that we have 

selected to meet the December 15, 2006 

deadline: (1) Primary Copper Smelting; 

(2) Secondary Copper Smelting; (3) 

Polyvinyl Chloride and Copolymers 

Production; and (4) Primary Nonferrous 

Metals—Zinc, Cadmium, and Beryllium. 

These final NESHAP complete the 

required regulatory action for four area 

source categories. 

Under CAA section 112(d)(5), the 

Administrator may, in lieu of standards 

requiring maximum achievable control 

technology (MACT) under section 

112(d)(2), elect to promulgate standards 

or requirements for area sources ‘‘which 

provide for the use of generally 

available control technologies or 

management practices by such sources 

to reduce emissions of hazardous air 

pollutants.’’ Under section 112(d)(5), the 

Administrator has the discretion to use 

generally available control technology 

(GACT) or management practices in lieu 

of MACT. As mentioned in the 

proposed NESHAP for these four area 

source categories, we have decided not 

to issue MACT standards and concluded 

that requirements that provide for the 

use of GACT or generally available 

management practices are appropriate 

for these four source categories (71 FR 

59302, 59304, October 6, 2006). 

III. Summary of Final Rules and 

Changes Since Proposal 

A. NESHAP for Polyvinyl Chloride and 

Copolymers Production Area Sources 

As proposed, we are adopting the 

requirements in 40 CFR part 61, subpart 

F that apply to polyvinyl chloride (PVC) 

plants as the NESHAP for the Polyvinyl 

Chloride and Copolymer Production 

area source category. The only change 

since the proposed rule is that this final 

rule does not adopt either the startup, 

shutdown, and malfunction (SSM) 

requirements in 40 CFR 63.6(e)(3) or the 

preconstruction notification 

requirements in 40 CFR 63.5. As 

discussed in more detail in section IV.B 

of this preamble, under the construct of 

part 61 standards, sources must comply 

with the standards at all times, 

including periods of SSM. Because in 

this final rule we are adopting the part 

61 standards for PVC plants as the area 

source standard, separate requirements 

governing SSM are not necessary. We 

have also determined that the 

preconstruction notification 

requirements at 40 CFR 63.5 are not 

necessary because a comparable 

preconstruction notification is already 

required under the part 61 General 

Provisions (40 CFR part 61, subpart A), 

which apply to this NESHAP. 

1. Applicability and Compliance Dates 

This final rule applies to both new 

and existing PVC and copolymer plants 

that are area sources of HAP. The owner 

or operator of an existing source must 

comply with all the requirements of this 

area source NESHAP by January 23, 

2007. The owner or operator of a new 

source must comply with this area 

source NESHAP by January 23, 2007 or 

at startup, whichever is later. 

2. Emissions Limits and Work Practice 

Standards 

The Polyvinyl Chloride and 

Copolymers Production area source 

category was listed for its contribution 

to the emissions of the area source HAP 

vinyl chloride. As proposed, we are 

adopting the requirements in 40 CFR 

part 61, subpart F that are applicable to 

PVC plants as the NESHAP for the 

Polyvinyl Chloride and Copolymer 

Production area source category. These 

requirements in subpart F include 

numerical emissions limits for reactors; 

strippers; mixing, weighing, and 

holding containers; monomer recovery 

systems; emissions sources following 

the stripper(s); and reactors used as 

strippers. In addition, they include 

emissions limits and work practice 

requirements that apply to discharges 

from manual vent valves on a PVC 

reactor and relief valves in vinyl 

chloride service, fugitive emissions 

sources, and equipment leaks. Subpart F 

also requires a new or existing source to 

comply with the requirements at 40 CFR 

part 61, subpart V for the control of 

equipment leaks. As discussed in the 

proposal preamble, we have determined 

that these requirements represent GACT 

for sources in this area source category. 

3. Compliance Requirements 

We are including in this NESHAP the 

monitoring, testing, recordkeeping, and 

reporting requirements in 40 CFR part 

61, subpart F. This final NESHAP 

requires a vinyl chloride continuous 

emissions monitoring system (CEMS) 

for the regulated emissions sources 

(except for sources following the 

stripper) and for any control system to 

which reactor emissions or fugitive 


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2932 Federal Register / Vol. 72, No. 14 / Tuesday, January 23, 2007 / Rules and Regulations 

emissions must be ducted. Plants using 

a stripper to comply with this NESHAP 

must also determine the daily average 

vinyl chloride concentration for each 

type of resin. The owner or operator 

must submit quarterly reports 

containing information on emissions or 

resin concentrations that exceed the 

applicable limits. Records are required 

to demonstrate compliance, including a 

daily operating log for each reactor. 

Plants are required to comply with the 

testing, monitoring, recordkeeping, and 

reporting requirements in the part 61 

General Provisions (40 CFR part 61, 

subpart A). For the reasons discussed in 

sections III.A and IV.B of this preamble, 

this final NESHAP does not require that 

the owner or operator comply with the 

SSM requirements at 40 CFR 63.6(e)(3) 

and the preconstruction notification 

requirements at 40 CFR 63.5. 

4. Exemption From Title V Permit 

Requirements 

Section 502(a) of the CAA provides 

that EPA may exempt one or more area 

sources from the requirements of title V 

if EPA finds that compliance with such 

requirements is ‘‘impracticable, 

infeasible, or unnecessarily 

burdensome’’ on such area sources. EPA 

must determine whether to exempt an 

area source from title V at the time we 

issue the relevant section 112 standard 

(40 CFR 70.3(b)(2)). For the reasons 

discussed in the preamble to the 

proposed rule, we are exempting PVC 

and copolymers production area sources 

from the requirements of title V. PVC 

and copolymers production area sources 

are not required to obtain title V permits 

solely as a function of being the subject 

of the NESHAP; however, if they were 

otherwise required to obtain title V 

permits, such requirement(s) would not 

be affected by this exemption. We 

received no comments on our proposal 

to exempt PVC and copolymer 

production area sources from the 

requirements of title V. 

B. NESHAP for Primary Copper 

Smelting Area Sources 

The Primary Copper Smelting area 

source category was listed for its 

contribution to the emissions of the area 

source HAP arsenic, cadmium, 

chromium, lead, and nickel. As 

discussed in more detail in section IV.C 

of this preamble, the major change since 

the proposed rule is that we established 

a subcategory of primary copper 

smelters that use the batch converting 

technology and developed separate 

standards for this subcategory. At the 

time of the proposed rule, we were not 

aware of any area sources using the 

batch converting technology. Since 

then, we received comments indicating 

that there may or will be primary copper 

smelting area sources that use the batch 

converting technology. Because batch 

technology is quite different from the 

continuous converting technology we 

used to develop the proposed standards 

for the Primary Copper Smelting area 

source category in terms of process 

operation, emissions points, and 

achievable levels of control, we believe 

that the proposed standards do not 

represent GACT for existing primary 

copper smelting area sources that use 

the batch converting technology. 

Accordingly, we developed a separate 

standard for existing sources that use 

the batch converting technology, and we 

developed that standard based on the 

title V permit of one batch converting 

facility that we have determined to be 

effectively controlling its HAP 

emissions by complying with its permit 

terms and conditions. 

In response to comments, we also 

made several changes to the proposed 

rule for primary copper smelters that do 

not use the batch converting technology. 

As explained in the preamble to the 

proposed rule, we have determined that 

certain terms and conditions in the title 

V permit of the only area source primary 

smelter of which we are aware provide 

effective control of HAP emissions and 

represent GACT for these sources. We 

made changes in the proposed rule to 

more accurately capture the relevant 

terms and conditions in this existing 

area source’s title V permit. Specifically, 

we clarified that capture and control 

systems are not required for anode 

casting and holding operations; that the 

sampler required for existing sources is 

a continuous PM sampler; that the 

emissions limit is expressed as PM less 

than 10 microns in aerodynamic 

diameter (PM10) rather than PM; and 

that a single gas collection system could 

serve multiple process vessels. 

As discussed in section IV.B of this 

preamble, we allow new and existing 

sources to comply with either the SSM 

requirements in 40 CFR 63.6(e)(3) or the 

detailed SSM requirements in the final 

rule that were developed from the 

existing sources’ title V permits, which 

are substantially equivalent to the SSM 

requirements in 40 CFR part 63. 

1. Applicability and Compliance Dates 

This final rule applies to each new or 

existing primary copper smelter that is 

an area source of HAP. The owner or 

operator of an existing affected source 

must comply by January 23, 2007. The 

owner or operator of a new affected 

source must comply by January 23, 2007 

or upon initial startup, whichever is 

later. An affected source is new if 

construction or reconstruction of the 

affected source was commenced on or 

after October 6, 2006. 

2. Emissions Limits and Work Practice 

Standards 

As previously mentioned, we have 

developed separate standards for 

existing sources that use the batch 

converting technology and for those that 

do not. However, the standards for new 

sources apply to all new area source 

primary copper smelters irrespective of 

the converting technology utilized. 

Under this final rule, the owner or 

operator of an existing area source using 

any converting technology is required to 

control HAP emissions from copper 

concentrate drying, copper concentrate 

smelting, copper matte drying and 

grinding, copper matte converting, and 

copper anode refining. As discussed in 

the proposal preamble, we are using PM 

as a surrogate for HAP metals. Gases and 

fumes generated by these processes 

must be captured and vented through 

one or more PM control devices. For 

existing primary copper smelters that do 

not use the batch converting process, 

the total emissions of PM10 from the 

captured gas streams from all of these 

processes is limited to 89.5 pounds per 

hour (lb/hr) as determined on a 24-hour 

average basis. 

For existing primary copper smelters 

using the batch converting technology, 

the exhaust gases from each smelter 

vessel and each converter must be 

collected and sent to a PM control 

device and to a sulfuric acid plant. A 

secondary gas collection system must be 

installed on each smelting vessel and 

converter, and PM emissions from the 

secondary capture and control system 

must not exceed 0.02 grains per dry 

standard cubic foot (gr/dscf). The PM 

emissions from each copper concentrate 

dryer must not exceed 0.022 gr/dscf. 

Similarly, the owner or operator of a 

new area source using any converting 

technology must control HAP emissions 

from all primary copper smelting 

processes, including but not limited to 

those processes mentioned above that 

are applicable to the new source’s 

smelter design. Gases and fumes 

generated by these processes at a new 

source must be captured and vented 

through one or more PM control 

devices. We are requiring a new source 

to achieve a facility input-based 

emissions rate for total PM no greater 

than a daily (24-hour) average of 0.6 

pounds per ton (lb/ton) of copper 

concentrate feed charged to the smelting 

vessel. 

This final rule for new area source 

primary copper smelters also requires a 

secondary gas system for each smelting 


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Federal Register / Vol. 72, No. 14 / Tuesday, January 23, 2007 / Rules and Regulations 2933 

vessel and converting vessel that 

collects the gases and fumes released 

during the molten material transfer 

operations and conveys the collected 

gas stream to a control device. Capture 

systems that collect gas and fumes and 

convey them to a control device also are 

required for operations in the anode 

refining. These capture and control 

requirements apply to all new and 

existing area sources using any copper 

smelting technology. 

3. Compliance Requirements 

In this final rule, we have adopted the 

testing, monitoring, operation and 

maintenance, recordkeeping, and 

reporting requirements for PM 

emissions that are in the title V permits 

of the existing area source smelters. 

Compliance with the emissions limit for 

existing area sources not using the batch 

converting technology is based on the 

daily average PM10 emissions measured 

by a continuous PM sampler. For 

smelters using the batch conversion 

technology, compliance is based on 

performance tests at least every 2.5 

years and continuous monitoring using 

continuous opacity monitoring systems 

(COMS) for electrostatic precipitators 

and bag leak detection systems for 

baghouses. 

The operation and maintenance 

requirements in this final rule for 

existing sources using any converting 

technology are based on the existing 

sources’ title V permits. At all times, the 

owner or operator must to the extent 

practicable, maintain and operate any 

affected source, including associated air 

pollution control equipment, in a 

manner consistent with good air 

pollution control practice for 

minimizing emissions. In addition, all 

pollution control equipment must be 

installed, maintained, and operated 

properly. Instructions from the vendor 

or established maintenance practices 

that maximize pollution control must be 

followed. Maintenance records must be 

made available to the permitting 

authority upon request. 

This final rule allows any new or 

existing source to meet the SSM 

requirements specified in this final rule 

or the SSM requirements in 40 CFR 

63.6(e)(3). The SSM requirements that 

are specified in this final rule were 

developed from the existing sources’

title V permit requirements, and we 

believe these requirements are equally 

applicable to new and existing area 

sources irrespective of the converting 

technology used. Sources may 

nevertheless choose to comply with the 

SSM provisions in 40 CFR 63.6(e)(3), in 

lieu of the SSM requirements specified 

in this final rule. The SSM provisions in 

this final rule require that all 

malfunctions be reported within two 

working days of the event. The report 

must include a description of the 

malfunction, steps taken to mitigate 

emissions, and corrective actions taken. 

In addition, the owner or operator must 

show through signed contemporaneous 

logs or other relevant evidence that: (1) 

A malfunction occurred and the 

probable cause can be identified, (2) the 

facility was being operated properly at 

the time the malfunction occurred, and 

(3) all reasonable steps were taken to 

minimize emissions that exceeded the 

emission standards. A malfunction or 

emergency does not include events 

caused by improperly designed 

equipment, lack of preventative 

maintenance, careless or improper 

operation, or operator error. 

The owner or operator of an existing 

area source using any copper smelting 

technology must comply with 

notification requirements in 40 CFR 

63.9 of the General Provisions (40 CFR 

part 63, subpart A). In the notification 

of compliance status required in 40 CFR 

63.9(h), the owner or operator may 

certify initial compliance with the 

emissions limit based on monitoring 

data collected during a previous 

compliance test. The owner or operator 

also must certify initial compliance with 

the work practice standards. 

The owner or operator of a new 

primary copper smelter must install, 

operate, and maintain a CEMS to 

measure and record PM concentrations 

and gas stream flow rates for each 

emissions source subject to the 

emissions limit. The standard requires 

that the PM CEMS meet EPA 

Performance Specification 11 (40 CFR 

part 60, appendix B). A device to 

measure and record the weight of the 

copper concentrate feed charged to the 

smelting furnace each day also is 

required. The owner or operator must 

continuously monitor PM emissions, 

determine and record the daily (24- 

hour) value for each day, and calculate 

and record the daily average pounds of 

total PM per ton of copper concentrate 

feed charged to the smelting furnace. A 

monthly summary report of the daily 

averages of PM per ton of copper 

concentrate feed charged to the smelting 

vessel also is required. All notification, 

monitoring, testing, operation and 

maintenance, recordkeeping, and 

reporting requirements of the part 63 

General Provisions apply to the owner 

or operator of a new source. This final 

rule allows a new source to meet the 

specific SSM requirements that were 

developed from the title V permit 

requirements for existing sources or the 

SSM requirements in 40 CFR 63.6(e)(3). 

C. NESHAP for Secondary Copper 

Smelting Area Sources 

We did not receive any comments on 

our determination of GACT for 

secondary copper smelters, and we are 

promulgating the standard as proposed 

without any changes. 

1. Applicability and Compliance Dates 

This final rule applies to each new 

secondary copper smelter that is an area 

source of HAP. The owner or operator 

of a new affected source is required to 

comply by January 23, 2007 or upon 

initial startup, whichever is later. 

2. Emissions Limit and Work Practice 

Standards 

This final rule does not include 

requirements for existing area sources of 

secondary copper smelters. As we 

explained in the preamble to the 

proposed rule, currently there are no 

existing major or area sources of 

secondary copper smelters. Therefore, 

there is not any, nor would there ever 

be, an existing secondary copper smelter 

that would be subject to this rule. In this 

circumstance, we are not issuing 

standards for existing area sources of 

secondary copper smelters. However, 

this final rule contains requirements for 

new area sources of secondary copper 

smelters. The Secondary Copper 

Smelting area source category was listed 

for its contribution to the emissions of 

the area source HAP cadmium, lead and 

dioxin. We have established 

requirements for new sources in this 

category to ensure that any potential 

emission of these area source HAP from 

future secondary copper smelting area 

sources will be appropriately controlled. 

We are requiring that the owner or 

operator of any new secondary copper 

smelter operate a capture and control 

system for PM emissions from any 

process operation that melts copper 

scrap, alloys, or other metals or that 

processes molten material. Emissions of 

PM from the control device must not 

exceed 0.002 gr/dscf. The owner or 

operator must also prepare and follow a 

written plan for the selection, 

inspection, and pretreatment of copper 

scrap to minimize, to the extent 

practicable, the amount of oil and 

plastics in the scrap that is charged to 

smelting or melting furnaces. As we 

explained in the proposal preamble, we 

are using PM as a surrogate for 

establishing standards for metal HAP, 

which are cadmium and lead in this 

case. The United Nations Environmental 

Programme (UNEP) has also 

recommended using control devices 

with high efficiency PM removal to 

reduce dioxin emissions. The pollution 


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2934 Federal Register / Vol. 72, No. 14 / Tuesday, January 23, 2007 / Rules and Regulations 

prevention measure described above 

(i.e., presorting and pretreating 

materials) is another UNEP 

recommendation for reducing dioxin 

emissions. We have determined that 

these requirements represent GACT for 

new sources of secondary copper 

smelters and requested comments on 

this determination in the proposed rule. 

We did not receive any comments on 

this determination. 

3. Compliance Requirements 

Fabric filters (baghouses) are expected 

to be needed to meet the NESHAP 

emissions limit. Consequently, the 

monitoring requirements include bag 

leak detection systems when baghouses 

are used. For additional information on 

bag leak detection systems that operate 

on the triboelectric effect, see ‘‘Fabric 

Filter Bag Leak Detection Guidance’’, 

U.S. Environmental Protection Agency, 

Office of Air Quality Planning and 

Standards, September 1997, EPA–454/ 

R–98–015, NTIS publication number 

PB98164676. This document is available 

from the National Technical Information 

Service (NTIS), 5385 Port Royal Road, 

Springfield, VA 22161. The owner or 

operator must prepare a written plan for 

the selection, inspection, and 

pretreatment of copper scrap and keep 

records to document conformance with 

the requirements in the written plan. If 

a control device other than a baghouse 

is used, the owner or operator must 

submit a monitoring plan to the 

permitting authority for approval. The 

monitoring plan must include 

performance test results showing 

compliance with the PM emissions 

limit, a plan for operation and 

maintenance of the control device, a list 

of operating parameters that will be 

monitored, and operating parameter 

limits that were established during the 

performance test. 

The owner or operator must conduct 

a performance test to demonstrate initial 

compliance with the PM emissions limit 

and report the results in the notification 

of compliance status required by 40 CFR 

63.9(h) of the General Provisions. If a 

baghouse is used, the PM concentration 

is to be determined using EPA Method 

5 (for negative pressure baghouses) or 

Method 5D (for positive pressure 

baghouses) in 40 CFR part 60, appendix 

A. Repeat performance tests are required 

every 5 years to demonstrate 

compliance with the PM emissions 

limit. All requirements of the part 63 

General Provisions apply to the owner 

or operator of a new source, including 

the notification, monitoring, testing, 

operation and maintenance, SSM, 

recordkeeping, and reporting 

requirements. 

D. NESHAP for Primary Nonferrous 

Metals—Zinc, Cadmium, and Beryllium 

Area Sources 

1. NESHAP for Primary Zinc Production 

In this final rule, we have adopted a 

limit in grains per dry standard cubic 

foot (gr/dscf) for certain melting 

furnaces at existing zinc production area 

sources in addition to the proposed 

pound per hour (lb/hr) limits for these 

furnaces at existing sources. This gr/dscf 

limit is the limit that we proposed for 

the same furnaces at new sources. Both 

the gr/dscf limit and the lb/hr limits 

reflect the level of emission control that 

can be achieved based on the 

technology we identified as GACT for 

these furnaces (i.e., a well-operated and 

well-maintained baghouse). However, 

whereas the lb/hr limits were based on 

the specific operations at the two 

existing sources of which we are aware, 

the gr/dscf emission limit is not 

operation specific and can apply to 

these furnaces at any primary zinc 

production area source irrespective of 

its operation. For this reason, we 

proposed this gr/dscf emissions limit for 

these furnaces at new sources. In this 

final rule, we similarly allow an existing 

source to meet this gr/dscf limit for 

these furnaces. This final rule provides 

existing sources the option of meeting 

either the lb/hr limits or the gr/dscf 

limit for these furnaces. We believe that 

including both the lb/hr and gr/dscf 

limits in this final rule will ensure 

effective control of these furnaces at all 

existing primary zinc production area 

sources in the event that there are 

facilities other than the two we know 

and with very different operations from 

the two known sources. 

In addition, as discussed in section 

IV.B of this preamble, we allow new and 

existing sources to comply with either 

the SSM requirements in 40 CFR 

63.6(e)(3) or with the detailed SSM 

requirements in the final rule that were 

developed from the existing sources’

title V permits, which are substantially 

equivalent to the SSM requirements in 

part 63. 

Applicability and compliance dates. 

This final rule applies to each new or 

existing primary zinc production facility 

that is an area source of HAP. The 

owner or operator of an existing affected 

source must comply by January 23, 

2007. The owner or operator of a new 

affected source must comply by January 

23, 2007 or upon initial startup, 

whichever is later. 

Emissions limits and work practice 

standards. Primary zinc production 

facilities were included as part of the 

Primary Nonferrous Metals area source 

category due to their contributions to 

the emissions of the area source HAP 

arsenic, cadmium, lead, manganese, and 

nickel, all of which are metal HAP. As 

we mentioned in the proposal preamble, 

cadmium is produced as a by-product of 

zinc smelting processes. There are no 

primary cadmium smelters in the 

United States. Accordingly, the 

requirements for area sources of zinc 

production in this final rule also 

address emissions associated with any 

cadmium production at these zinc 

production facilities. 

As previously mentioned, we are 

using PM as a surrogate for establishing 

standards for metal HAP. Under this 

final rule, the owner or operator of an 

area source of zinc production is 

required to exhaust roaster off-gases to 

PM removal equipment and a sulfuric 

acid plant. Bypassing the sulfuric acid 

plant during charging of the roaster is 

prohibited. 

Emissions limits apply to the different 

types of melting furnaces at primary 

zinc production facilities. For existing 

sources, this NESHAP limit PM 

emissions to 0.93 lb/hr for zinc cathode 

melting furnaces; 0.1 lb/hr for furnaces 

that melt zinc dust, chips, and offspecification zinc materials; and 0.228 

lb/hr for the combined exhaust from 

furnaces that melt zinc scrap and alloys. 

As an alternative to the lb/hr limits for 

these furnaces at existing sources, the 

owner or operator may elect to meet a 

limit of 0.005 gr/dscf. For new sources, 

the PM limit is 0.005 gr/dscf for the 

furnaces mentioned above. Other PM 

limits are 0.014 gr/dscf for anode casting 

furnaces and 0.015 gr/dscf for cadmium 

melting furnaces at new and existing 

sources. 

Emissions limits also apply to any 

sintering machine at a new or existing 

area source facility. If there is a sintering 

machine, the owner or operator must 

comply with the PM limit at 40 CFR 

60.172 and the opacity limit at 40 CFR 

60.174(a) of the new source performance 

standard (NSPS) for primary zinc 

smelters (40 CFR part 60, subpart Q). 

Compliance requirements. We are 

adopting for existing area sources 

certain monitoring, recordkeeping, and 

reporting requirements in the title V 

permits of the two existing facilities that 

relate to PM emissions control. The 

owner or operator of an existing area 

source must monitor baghouse pressure 

drop, perform routine baghouse 

maintenance, and keep records to 

document compliance. In addition, we 

are requiring repeat performance tests 

(at least once every 5 years) for existing 

sources. This final rule also requires a 

continuous opacity monitoring system 

(COMS) for any sintering machine in 

accordance with 40 CFR 60.175. 


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The owner or operator of an existing 

area source must comply with initial 

notification requirements in 40 CFR 

63.9 of the General Provisions. In the 

notification of compliance status 

required by 40 CFR 63.9(h), the owner 

or operator may certify initial 

compliance with the HAP emissions 

limits based on the results of a PM 

performance test for each of the 

regulated emissions sources conducted 

within the past 5 years. The owner or 

operator must also certify initial 

compliance with the work practice 

standards. 

If an existing source has not 

conducted a performance test to 

demonstrate compliance with the 

emissions limits for a furnace, the 

facility must conduct a test according to 

the requirements at 40 CFR 63.7 using 

EPA Method 5 (40 CFR part 60, 

appendix A) to determine the PM 

concentration or an alternative method 

previously approved by the permitting 

authority. For a sintering machine, the 

owner or operator must conduct a 

performance test according to the 

procedures in 40 CFR 60.176(b) using 

EPA Method 5 to determine the PM 

concentration and EPA Method 9 (40 

CFR part 60, appendix B) to determine 

the opacity of emissions. 

The operation and maintenance 

requirements in the final rule for 

existing sources are based on the 

sources’ title V permits. The owner or 

operator must maintain all equipment 

covered under the subpart in such a 

manner that the performance or 

operation of the equipment does not 

cause a deviation from the applicable 

requirements. A maintenance record 

must be kept for each item of air 

pollution control equipment. At a 

minimum, this record must show the 

dates of performing maintenance and 

the nature of preventative maintenance 

activities. 

This final rule allows any existing 

source to meet the specific SSM 

requirements that were developed from 

the title V permit requirements for 

existing sources or the SSM 

requirements in 40 CFR 63.6(e)(3). The 

specific SSM provisions in this final 

rule require that all malfunctions be 

reported within two working days of the 

event. The report must include a 

description of the malfunction, steps 

taken to mitigate emissions, and 

corrective actions taken. In addition, the 

owner or operator must show through 

signed contemporaneous logs or other 

relevant evidence that: (1) A 

malfunction occurred and the probable 

cause can be identified, (2) the facility 

was being operated properly at the time 

the malfunction occurred, and (3) all 

reasonable steps were taken to minimize 

emissions that exceeded the emission 

standards. A malfunction or emergency 

does not include events caused by 

improperly designed equipment, lack of 

preventative maintenance, careless or 

improper operation, or operator error. 

As required in the existing permits, 

the owner or operator must submit a 

notification to the permitting authority 

of any deviation from the requirements 

of this final NESHAP. The notification 

must describe the probable cause of the 

deviation and any corrective actions or 

preventative measures taken. Existing 

facilities are also required to submit 

semiannual monitoring reports which 

clearly describe any deviations. Records 

of baghouse maintenance, all required 

monitoring data, and support 

information also are required. The 

owner or operator of an existing area 

source must also comply with the 

notification requirements in 40 CFR 

63.9 of the General Provisions. 

The owner or operator of a new area 

source is required to install and operate 

a bag leak detection system for each 

baghouse used to comply with a PM 

emissions limit. For additional 

information on bag leak detection 

systems that operate on the triboelectric 

effect, see ‘‘Fabric Filter Bag Leak 

Detection Guidance’’, U.S. 

Environmental Protection Agency, 

Office of Air Quality Planning and 

Standards, September 1997, EPA–454/ 

R–98–015, NTIS publication number 

PB98164676. This document is available 

from the National Technical Information 

Service (NTIS), 5385 Port Royal Road, 

Springfield, VA 22161. In addition, we 

are requiring repeat PM performance 

tests (once every 5 years) for each 

furnace at a new source. The owner or 

operator must also install, operate, and 

maintain a COMS for each sintering 

machine according to EPA Performance 

Specification 1 (40 CFR part 60, 

appendix B). 

The owner or operator of a new 

affected source must demonstrate initial 

compliance with the applicable 

emissions limits by conducting a 

performance test according to the 

requirements at 40 CFR 63.7 and using 

EPA 5 or 5D (40 CFR part 60, appendix 

A), as applicable, to determine the PM 

concentration. An initial performance 

test is also required for a sintering 

machine according to the methods and 

procedures in 40 CFR 60.176(b). All of 

the notification, testing, monitoring, 

operation and maintenance, 

recordkeeping, and reporting 

requirements of the part 63 General 

Provisions apply to a new area source. 

This final rule allows a new source to 

meet the specific SSM requirements in 

this final rule or the SSM requirements 

in 40 CFR 63.6(e)(3). 

2. NESHAP for Primary Beryllium 

Production Area Sources 

The only change since proposal is that 

this final rule does not adopt the SSM 

requirements in 40 CFR 63.6(e)(3) and 

the preconstruction notification 

requirements in 40 CFR 63.5. As 

discussed in more detail in section IV.B 

of this preamble, we have determined 

that the SSM requirements are not 

necessary for standards under part 61 

that must be met at all times, and the 

preconstruction notification is already 

required under the part 61 General 

Provisions. 

Applicability and compliance dates. 

For this final rule, we are adopting all 

of the requirements in the National 

Emission Standard for Beryllium at 40 

CFR part 61, subpart C. The owner or 

operator of an existing area source must 

comply with this NESHAP by January 

23, 2007. The owner or operator of a 

new area source must comply by 

January 23, 2007 or at startup, 

whichever is later. 

Emissions limits. Primary beryllium 

production facilities were included as 

part of the Primary Nonferrous Metals 

area source category due to their 

contributions to the emissions of the 

area source HAP arsenic, cadmium, 

lead, manganese, and nickel, all of 

which are metal HAP. As discussed in 

the proposal preamble, we are using 

beryllium as a surrogate for HAP metals. 

We are adopting the 40 CFR part 61, 

subpart C standard as the requirements 

for both new and existing primary 

beryllium production facilities in this 

final rule. The part 61, subpart C 

standard limits emissions from 

extraction plants (i.e., primary 

beryllium production facilities) to 10 

grams (0.022 lb) of beryllium over a 24- 

hour period. Alternatively, the owner or 

operator of a beryllium production 

facility may request to meet an ambient 

concentration limit instead of the 

emissions limit. As discussed in the 

preamble to the proposed rule, the part 

61 standard is highly effective in 

controlling PM and metal HAP 

emissions from the only existing 

beryllium production facility known to 

us at the time of the proposal. We have 

determined that these requirements 

reflect GACT for area sources of 

beryllium production. We did not 

receive any comments on this 

determination. 

Compliance requirements. This final 

rule requires the owner or operator to 

comply with the testing, monitoring, 

recordkeeping, and reporting 

requirements in 40 CFR part 61, subpart 


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2 In 1995, the Court of Appeals for the District of 

Columbia Circuit reviewed the definition of 

‘‘potential to emit’’ (PTE) contained in 40 CFR in 

40 CFR 63.2 (National Mining Ass’n v. EPA, 59 F.3d 

1351 (D.C. Cir. 1995)). In July 2005, the D.C. Circuit 

remanded the definition to EPA to the extent the 

definition required that physical or operational 

limitations be ‘‘federally enforceable’’ (National 

Mining Ass’n v. EPA, 59 F.3d 1351 (D.C. Cir. 1995)). 

The court did not vacate the 40 CFR part 63 

regulations and therefore the definition of 

‘‘potential to emit’’ in 40 CFR part 63 remains in 

place. EPA is currently in the process of developing 

a proposed rule that responds to the court’s remand. 

EPA has a transitional policy that relates to PTE. 

See ‘‘Options for Limiting the Potential to Emit 

(PTE) of a Stationary Source Under Section 112 and 

Title V of the Clean Air Act (Act)’’ (Jan. 25, 1995), 

available at http://www.epa.gov/Region7/programs/ 

artd/air/title5/t5memos/ptememo.pdf. EPA has 

extended the transition policy several times. See 

‘‘Third Extension of January 25, 1995 Potential to 

Emit Transition Policy’’ (December 20, 1999), 

available at http://www.epa.gov/Region7/programs/ 

artd/air/title5/t5memos/4thext.pdf. Under the Third 

Extension, sources can rely on State-only 

enforceable PTE limits until we finalize our 

response to the remand. 

C. An owner or operator subject to the 

ambient concentration limit must 

operate air sampling sites to 

continuously monitor the 

concentrations of beryllium in the 

ambient air according to an EPAapproved plan. 

The owner or operator must comply 

with recordkeeping requirements in 40 

CFR part 61, subpart C, as well as the 

testing, monitoring, recordkeeping, and 

reporting requirements in the part 61 

General Provisions in 40 CFR part 61, 

subpart A. For the reasons discussed in 

section IV.B of this preamble, this final 

rule does not require that the owner or 

operator comply with the requirements 

for SSM plans and reports in 40 CFR 

63.6(e)(3) or the preconstruction 

notification requirements in 40 CFR 

63.5. 

IV. Summary of Comments and 

Responses 

A. Existing Area Source Facilities 

At proposal, we stated that we did not 

know of any existing sources in the 

Polyvinyl Chloride and Copolymer area 

source category, and we requested 

comments on whether there are or ever 

will be any area sources in this area 

source category. We also stated that 

currently there is only one area source 

of primary copper production in 

operation in the United States and that 

there are no primary beryllium 

production area sources. 

Comment: One commenter informed 

us of an area source PVC plant in 

Alabama. In addition, two commenters 

stated that there are a few (at least three) 

PVC plants that they believe may 

qualify as area sources. According to the 

commenters, these were once major 

sources that have reduced HAP 

emissions significantly or that are 

currently shut down but are expected to 

start up again with significantly less 

emissions than from previous 

operations as major sources. The 

commenters requested that EPA clarify 

the meaning of ‘‘potential to emit’’ in its 

definition of an ‘‘area source’’ in the 

proposed rule, as well as the proposed 

rule’s applicability to plants that have 

obtained or, for the ones that are not 

currently operating, will obtain permits 

that limit emissions to levels below the 

major source thresholds. In addition, the 

commenters requested clarification of 

the proposed rule’s applicability to PVC 

plants co-located at chemical complexes 

that are major sources. 

One commenter notified us of an area 

source primary beryllium plant in Utah. 

The commenter sought clarification of 

the proposed rule’s applicability to a 

primary beryllium plant that is a major 

source because of perchloroethylene 

emissions and that may become an area 

source in the future by eliminating the 

use of perchloroethylene. 

We also received comments that there 

are two operating primary copper 

smelters that are area sources rather 

than just one, as EPA stated in the 

proposed rule. The company operating 

this second source reported that it was 

an area source (synthetic minor) based 

on a determination by the permitting 

authority. The company also stated that 

it is planning to restart a primary copper 

smelter in Texas that has been 

shutdown and under ‘‘care and 

maintenance’’ for several years. This 

facility will incorporate feedstock 

limitations to remain below major 

source thresholds, and the company 

expects that this facility will qualify as 

an area source when the renewed 

permits are issued. The commenter 

sought clarification of the applicability 

of the proposed rule to the two primary 

copper smelters described above. 

Response: Section 112(a) of the CAA 

defines the terms ‘‘major source’’ and 

‘‘area source.’’ An ‘‘area source’’ is 

defined as any stationary source that is 

not a major source. In the proposed rule, 

we included a definition for ‘‘area 

source’’ and that definition attempted to 

summarize the statutory definitions of 

‘‘major source’’ and ‘‘area source.’’

Commenters sought clarification of the 

meaning of the term ‘‘potential to emit’’

contained in the proposed definition of 

‘‘area source.’’ Based on the comment, it 

appears that the proposed definition of 

‘‘area source’’ has caused confusion. 

Because the proposed definition of 

‘‘area source’’ was merely intended to 

summarize the statutory definitions of 

‘‘major source’’ and ‘‘area source’’ and is 

redundant of the definition of ‘‘area 

source’’ contained in the General 

Provisions (40 CFR part 63, subpart A), 

we have decided not to finalize the 

proposed ‘‘area source’’ definition. 

Instead, as noted in the NESHAP for 

each of these four area source categories, 

the definitions of ‘‘major source,’’ ‘‘area 

source,’’ and ‘‘potential to emit’’ in 40 

CFR 63.2 apply to this final rule.2 To the 

extent the commenters have questions 

as to whether their facility is a major 

source or an area source, EPA cannot 

answer these site-specific applicability 

questions in the context of this national 

rulemaking. We refer the commenters to 

the definitions of ‘‘major source,’’ ‘‘area 

source,’’ and ‘‘potential to emit’’ found 

in 40 CFR 63.2, and recommend that the 

commenters consult with the relevant 

permitting authority or submit a request 

for an applicability determination to the 

EPA regional office in the region where 

the source is located. 

In addition, we want to clarify that a 

plant that is co-located with other 

facilities that together qualify as a major 

source is part of that major source and 

not an area source. 

B. Part 63 General Provisions 

Comment: One commenter 

representing the two beryllium plants 

objected to the part 63 SSM 

requirements in the proposed NESHAP 

for the Primary Beryllium Production 

area source category. The commenter 

stated that these two beryllium plants 

are already subject to 40 CFR part 61, 

subpart C, which EPA has adopted in 

this final rule, as well as the SSM 

requirements in State implementation 

plans (SIP), State laws, and title V 

permits. According to the comment, 

because these plants are subject to a 

strict ambient air standard for beryllium 

under the part 61 NESHAP, which 

requires that the plants monitor 

continuously and meet the required 

limits under all conditions, the part 63 

SSM requirements are not necessary. 

Commenters representing facilities in 

the PVC industry provided similar 

comments. In addition, they stated that 

by requiring compliance with part 61 

and the SSM provisions in 40 CFR 63.6, 

the proposed rule would impose two 

different SSM schemes in one standard. 

It would also impose more burdensome 

reporting and recordkeeping obligations 

on the lower emitting (area) sources. 

Representatives of two primary 

copper companies also stated that the 

SSM requirements are unnecessary and 

duplicative of existing requirements and 

should be deleted. Their title V permits 

contain existing functionally equivalent 


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SSM provisions, including requirements 

for timely notification and reporting. 

Response: We agree that the SSM 

requirements in the 40 CFR part 63 

General Provisions need not be included 

in the NESHAP for the PVC and 

Copolymer Production and the Primary 

Beryllium Production area source 

categories, both of which adopted the 

relevant part 61 standards for these 

categories. Under the construct of the 

part 61 standards, sources must comply 

with the standards at all times, 

including periods of SSM. Therefore, 

separate requirements governing SSM 

are not necessary. Accordingly, we have 

revised the proposed rule to eliminate 

the part 63 SSM requirements for new 

and existing primary beryllium and PVC 

plants. 

We also examined the SSM 

requirements that are in title V permits 

for other source categories. The primary 

copper smelters and primary zinc 

production plants have similar 

requirements in their permits. Our 

review indicates that these requirements 

are substantially equivalent to the part 

63 SSM requirements. For example, the 

title V permits for these plants require 

that all malfunctions be reported within 

two working days of the event. The 

report must include a description of the 

malfunction, steps taken to mitigate 

emissions, and corrective actions taken. 

In addition, the permittee must show 

through signed contemporaneous logs or 

other relevant evidence that: (1) A 

malfunction occurred and the permittee 

can identify the probable cause, (2) the 

facility was being operated properly at 

the time the malfunction occurred, and 

(3) all reasonable steps were taken to 

minimize emissions that exceeded the 

emission standards or other 

requirements of the permit. The permit 

also makes it clear that a malfunction or 

emergency does not include events 

caused by improperly designed 

equipment, lack of preventative 

maintenance, careless or improper 

operation, or operator error. 

Based on the comments and our 

review of title V permits, we are 

including in this final rule alternative 

SSM requirements that we have 

formulated based on our review of the 

title V permits mentioned above. Under 

this final rule, a new or existing primary 

copper smelter or primary zinc 

production facility may choose to meet 

the SSM requirements in 40 CFR 

63.6(e)(3) or the alternative SSM 

requirements provided in this final rule. 

This final rule also includes operation 

and maintenance requirements for 

existing sources that are based on the 

permits. For primary copper smelters, 

the owner or operator must to the extent 

practicable, maintain and operate any 

affected source, including associated air 

pollution control equipment, in a 

manner consistent with good air 

pollution control practice for 

minimizing emissions. In addition, all 

pollution control equipment must be 

installed, maintained, and operated 

properly. Instructions from the vendor 

or established maintenance practices 

that maximize pollution control must be 

followed. All necessary equipment 

control and operating devices, such as 

pressure gauges, ampere meters, volt 

meters, flow rate indicators, temperature 

gauges, continuous emissions 

monitoring systems, etc., must be 

installed, operated properly and easily 

accessible to compliance inspectors. A 

copy of all manufacturers’ operating 

instructions for pollution control 

equipment and pollution emitting 

equipment must be maintained at the 

facility site. These instructions must be 

available to all employees who operate 

the equipment and must be made 

available to the permitting authority 

upon request. Maintenance records 

must be made available to the 

permitting authority upon request. 

Comment: One commenter stated that 

we should not adopt the 

preconstruction notification 

requirements in the part 63 General 

Provisions (40 CFR part 63, subpart A) 

because they were unnecessary and 

duplicate the very similar requirements 

already in the part 61 General 

Provisions (40 CFR part 61, subpart A). 

EPA should not impose the additional 

burden of submitting and processing 

two duplicative applications and should 

just rely on the provisions already in the 

part 61 General Provisions. 

Response: We agree that if a 

preconstruction notification is 

submitted under the part 61 General 

Provisions (40 CFR 61.07), it is not 

necessary to submit another 

preconstruction notification under the 

part 63 General Provisions. We have 

revised the proposed rule to reflect this 

change. 

Comment: One commenter stated that 

EPA should not incorporate any of the 

part 63 General Provisions into area 

source standards that adopt the part 61 

NESHAP. These provisions, including 

those in 40 CFR 63.1 (Applicability), are 

already addressed in the part 61 General 

Provisions and enhanced by SIP 

requirements and title V permits. 

Response: We have previously 

addressed the SSM requirements and 

preconstruction notifications for 

facilities subject to part 61 standards. 

The only other section of the part 63 

General Provisions that we have 

included for these sources deals with 

applicability in 40 CFR 63.1 

(§§ 63.1(a)(1) through (10), 63.1(b)(1), 

63.1(c), and 63.1(d)). The provisions on 

applicability impose no burden on the 

facility and provide clarity and useful 

information related to the applicability 

of standards under part 63. 

Consequently, the final rule includes 

portions of § 63.1 from the part 63 

General Provisions. 

C. Primary Copper Smelters 

Comment: Two commenters 

identified two primary copper smelters 

as area sources in addition to the one 

smelter identified as an area source in 

the proposal preamble. One of these 

smelters is operating, and the company 

stated that the facility is an area source 

(i.e., a synthetic minor source). The 

other smelter has been shut down for 

several years, but it is in the process of 

obtaining permits to re-start and expects 

to be an area source. Both of these 

smelters use the batch converting 

process, whereas the smelter that was 

identified as an area source at proposal 

and was the basis for GACT uses flash 

continuous converting technology. The 

company pointed to the process 

descriptions in the proposal preamble 

that noted the numerous differences in 

the two technologies. The company 

suggested that their two smelters fit into 

a separate subcategory (batch converting 

technology) and should have rule 

requirements based on that technology. 

The requirements in the proposed rule 

are not appropriate for their smelters 

because the proposed rule is based on 

the flash continuous converting 

technology. 

Response: The commenters asserted 

that there are two area source primary 

copper smelters that use the batch 

converting technology. As we described 

in the proposal preamble (71 FR 59308, 

October 6, 2006), there are numerous 

differences in process operation, 

emissions points, and achievable levels 

of control. We believe that our proposed 

standard for existing sources, which is 

based on flash continuous converting 

technology, would not be appropriate 

for existing sources of primary copper 

smelting that use the batch converting 

technology and that separate standards 

are needed to address the different 

technology used by these existing 

smelters. Solely for purposes of this 

analysis, we accept, as true, the 

commenter’s assertion that there are 

existing area source facilities that use 

batch processing. As explained above, to 

the extent the commenter has any 

question as to whether the smelters 

identified above are major or area 

sources, they should consult with the 

relevant permitting authority or submit 


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a request for an applicability 

determination to the EPA regional office 

in the region where the source is 

located. 

In developing the requirements for 

sources using the batch converting 

technology, we reviewed the title V 

permit of the currently operating source 

identified in the comment. The 

emissions from this facility are 

controlled as a result of its title V permit 

requirements to capture and control 

emissions of PM. The vast majority of 

the gases from the smelting furnace and 

converter are collected by a primary 

capture system, sent to control 

equipment to remove PM, and then 

processed in a sulfuric acid plant. 

Fugitive emissions are collected by a 

secondary capture system and sent to a 

baghouse for control of PM emissions. 

We determined that these current 

permit requirements represent GACT for 

existing primary copper smelters using 

the batch converting process and have 

included these requirements in this 

final rule as the requirements for 

existing primary copper smelting area 

sources that use batch converting 

technology. 

According to these requirements, 

plants that use batch converting 

technology must operate primary 

capture systems on each smelting vessel 

and each copper converter. Secondary 

capture systems must be installed to 

capture emissions from tapping copper 

matte and slag from the smelting vessel 

and emissions from charging, skimming, 

pouring, and holding when the 

converter mouth is partially rotated out 

from the primary collection hood. All of 

the collected gases must be routed to an 

emissions control system. In addition, 

emissions from the primary collection 

system for the smelting vessel and 

converter must be routed to a sulfuric 

acid plant after PM removal. 

Emissions from each copper 

concentrate dryer must be controlled 

and must not exceed 0.022 gr/dscf. 

Emissions from secondary capture 

systems that are not vented to a sulfuric 

acid plant must not exceed 0.02 gr/dscf. 

We also examined the monitoring 

requirements in the title V permit of this 

primary smelter using the batch 

technology and found that they would 

ensure that control devices are working 

properly on a continuous basis. We 

therefore included these monitoring 

requirements in this final rule as 

requirements for primary copper 

smelting area sources that use the batch 

converting technology. Under these 

requirements, a COMS meeting 

Performance Specification 1 (40 CFR 

part 60, appendix B) must be installed 

on each electrostatic precipitator. If the 

24-hour rolling average opacity exceeds 

15 percent, the plant must investigate 

the cause of the problem and take 

corrective action. Each baghouse must 

be equipped with and monitored by a 

bag leak detection system to ensure 

proper operation. We have also required 

performance tests every 2.5 years to 

determine compliance with PM limits. 

Comment: A commenter representing 

the primary copper plant that was the 

basis for GACT stated that EPA did not 

properly capture the facility’s title V 

permit requirements in some cases. The 

commenter supplied additional details 

and clarifications. Clarification is 

needed for the requirements for anode 

casting and holding operations, the 

emissions limit should not be referred to 

as ‘‘smelter wide’’ but as the limit for 

the main stack, the limit should be 

expressed as PM10 rather than PM, and 

the continuous PM sampler should not 

be referred to as a CEMS. The 

commenter also asked that EPA modify 

the proposed rule to clearly state that a 

single secondary gas collection system 

can capture and control emissions from 

multiple processing vessels (i.e., each 

vessel does not have to have its own 

separate collection system). The 

commenter also requested more 

flexibility in the monitoring 

requirements so that the permitting 

authority could approve improved 

monitoring technology should it become 

available in the future. 

Response: We agree with the 

commenter and will make most of the 

suggested changes. The facility’s title V 

permit was the basis for our GACT 

determination, and we intended that the 

proposed area source rule incorporate 

the permit requirements of this wellcontrolled facility. We understand that 

in some cases, a gas collection system 

may be applied to multiple process 

vessels, and we have included this 

clarification in this final rule. We 

understand that flexibility in monitoring 

is important, especially as improved 

monitoring techniques become 

commercially available and 

demonstrated in metallurgical 

operations. That said, it is not necessary 

to revise the proposed rule to allow a 

facility to request approval of an 

alternative monitoring method because 

the procedure for making such requests 

is contained in 40 CFR 63.8, which 

applies to the NESHAP for the Primary 

Copper Smelting area source category in 

this final rule. 

Comment: One commenter noted that 

the new source standard for primary 

copper was based on the newer flash 

continuous converter technology and 

would not be appropriate for new plants 

using the batch converting technology. 

The commenter stated that continuous 

converting has more limited 

applicability to ore concentrates that 

have high impurities levels than does 

batch converting. The commenter stated 

that because a new smelter could use 

either of the technologies, the emission 

standards for new sources should be 

reflective of the performance of either of 

these technologies. This can be achieved 

by providing flexibility in the emission 

limits that are adopted. The commenter 

recommended that the standard for new 

smelters using the batch converting 

technology be based on the best 

performing existing facility with the 

technology. In addition, a provision 

should be made to allow an alternate 

emissions limit to be authorized by 

either EPA or the permitting authority 

that is equally protective. 

Response: The emissions limit that we 

proposed for new primary copper 

smelters is in lb/ton of copper 

concentrate feed and is applied on a 

facility wide basis. The format and 

requirements of the standard can be 

applied to and achieved by a facility 

using any primary copper smelting 

technology if it is well controlled. The 

format of the standard also provides 

flexibility because multiple process 

vessels can have different levels of 

emissions as long as they collectively 

meet the overall lb/ton limit. The limit 

has been demonstrated as achievable by 

an existing area source that uses a 

continuous converting process. Unlike 

existing sources, new sources using any 

smelting technology have the 

opportunity to incorporate state-of-theart capture and control systems into 

their design, construction, and 

operation. Based on our engineering 

experience with capture and control 

systems that have been applied to 

primary copper processes and also those 

that have been applied to similar 

processes in other metallurgical 

industries, we believe that the emissions 

limit for new sources can be achieved 

by primary copper smelters using any 

processing technology, including both 

the continuous and batch converting 

processes. The standard for new 

primary copper smelters represents a 

level of control that is generally 

available for new sources. 

Consequently, we chose to promulgate 

the limit as proposed as GACT for new 

primary copper smelters. 

Comment: Three commenters objected 

to the requirement of using a PM CEMS 

for monitoring at new primary copper 

smelter area sources. Although 

improvements in PM CEMS have been 

made as they continue to be developed, 

there is not sufficient operating history 


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to prove its feasibility for continuous 

monitoring at primary copper smelters. 

Response: The PM CEMS have been 

demonstrated in many different 

applications, including processes with 

exhaust gases similar to those from 

primary copper smelters (e.g., at electric 

utilities where the temperatures and 

exhaust gas compositions are similar). 

The commenters did not provide any 

information that the exhaust gases from 

primary copper smelting are uniquely 

different. We have included PM CEMS 

as the monitoring technology for new 

sources in this final rule. 

D. Primary Zinc Smelters 

Comment: One commenter asked if 

the proposed rule was meant to apply to 

any zinc refinery that processes any 

amount of zinc sulfide concentrate. If 

so, what is the timeframe for using zinc 

sulfide concentrate and its percentage of 

the feed that qualifies a facility as a 

primary zinc smelter? Is EPA really 

trying to regulate zinc refineries, which 

produce cathodes in a cathode melting 

furnace and use zinc sulfide concentrate 

as a feed material, and not regulate 

thermal zinc smelters, who do not 

produce cathodes and do not currently 

use zinc sulfide concentrate? 

Response: The commenter is correct 

in that this final rule applies to any area 

source facility that produces zinc 

products from any amount of zinc 

sulfide ore concentrates using 

pyrometallurgical processes (i.e., a 

‘‘primary zinc smelter’’). This final rule 

does not apply to thermal zinc smelters 

if they do not process zinc sulfide 

concentrate. (Facilities processing only 

zinc scrap and residues containing zinc 

would be classified as secondary zinc 

smelters.) If a facility meets the 

definition of primary zinc smelter and is 

an area source on the compliance date, 

it is subject to this final rule. If the 

facility is not processing zinc sulfide 

concentrate but subsequently begins 

processing it, meets the definition of 

primary zinc smelter, and is an area 

source, it is subject to this final rule 

when it begins processing the zinc 

sulfide concentrate. Under these facts, 

such a facility would be subject to the 

standards for new sources if 

construction or reconstruction of the 

primary zinc smelter (the affected 

source) commenced on or after October 

6, 2006. 

We are not making a distinction 

between zinc refineries and thermal 

zinc smelters as described by the 

commenter. Either type of facility is 

subject to this final rule if it is an area 

source and meets the definition of 

primary zinc smelter. 

Comment: One commenter noted that 

the proposed rule requires 

demonstrating compliance by stack 

testing within 180 days after the 

compliance date. Their plant has a 

process that is not operating, it is 

subject to the rule, but it may not restart 

until more than 180 days after the 

compliance date. As the proposed rule 

reads, they would have to demonstrate 

compliance by a stack test even though 

the process is not operating. 

Response: We have clarified the 

proposed rule to indicate that if a 

process subject to this final rule is not 

operating on the compliance date and 

subsequently starts up, compliance 

testing must be performed within 180 

days after startup of the process. 

Comment: One commenter noted that 

the proposed rule requires that initial 

compliance must be demonstrated ‘‘for 

each furnace at your facility.’’ A zinc 

smelter may have other types of 

furnaces that are not subject to emission 

limits. The commenter assumes that this 

requirement will have no impact on 

these furnaces. 

Response: The commenter is correct. 

We have clarified the proposed rule to 

state that initial compliance must be 

demonstrated ‘‘for each furnace at your 

facility that is subject to an emissions 

limit under this subpart.’’

Comment: One commenter stated that 

the emissions limit of 0.005 gr/dscf for 

certain furnaces at new sources is 

greater than the emissions limit for the 

same furnaces at existing sources. The 

commenter suggested that the greater of 

the two values be applied in this case 

to provide a level playing field for new 

and existing sources. 

Response: We disagree with the 

comment that the emissions limit of 

0.005 gr/dscf for certain furnaces at new 

sources is greater than the emissions 

limits for the same furnaces at existing 

sources. The emissions limit of 0.005 gr/ 

dscf for new sources is applied to the 

exhaust vent of a zinc cathode melting 

furnace; scrap zinc melting furnace; 

furnace melting zinc dust, zinc chips, 

and other materials containing zinc; and 

alloy melting furnace. For existing 

sources, the limits are 0.1 lb/hr from the 

exhaust vent of a furnace that melts zinc 

dust, zinc chips, and/or other materials 

containing zinc; and 0.228 lb/hr from 

the vent for the combined exhaust from 

a furnace melting zinc scrap and an 

alloy furnace. Although the limits for 

the furnaces mentioned above are 

expressed in different formats for new 

and existing sources, both formats 

reflect the level of emission control that 

can be achieved based on the 

technology we identified as GACT for 

these furnaces (i.e., a well-operated and 

well-maintained baghouse). However, 

whereas the lb/hr limits for the abovenoted furnaces in the proposed rule 

were based on the specific operations at 

the two existing sources of which we are 

aware, the gr/dscf emission limit is not 

operation specific and can apply to 

these furnaces at any primary zinc 

production area source. We have 

therefore adopted the gr/dscf limit in 

addition to the proposed lb/hr limit, and 

sources can meet either the limit 

expressed in lb/hr or the limit expressed 

in gr/dscf. 

E. Basis for Area Source Standards 

Comment: We received a comment 

from the National Association of Clean 

Air Agencies (NACAA) expressing 

concern with EPA’s establishment of 

area source standards under section 112 

of the CAA by adopting existing Federal 

and/or State area source standards. In 

the comment, the NACAA stated that 

the existence of State and local 

regulations does not relieve EPA of its 

obligation to establish area source 

standards under the CAA. The NACAA 

expressed concern that some States 

cannot have requirements more 

stringent than those of the Federal 

government and may, therefore, be 

required to change their regulations of 

area sources to be consistent with EPA’s 

area source standards. The NACAA 

stated that, if the permit requirements 

that make these sources ‘‘well 

controlled’’ are not contained within the 

Federal rule, the nonfederal rules could 

be relaxed. The NACAA further stated 

that, in the absence of Federal 

requirements, there would be nothing to 

prevent ‘‘backsliding’’ by these sources. 

The NACAA was particularly 

concerned with EPA’s proposed PVC 

rule, which adopted the part 61 

standards for PVC plants. According to 

the NACAA, the part 61 standards for 

PVC plants are outdated and 

inappropriate as a model for GACT. The 

NACAA submitted with its comment a 

recommendation for the standards for 

area sources of PVC plants. The NACAA 

previously recommended these limits to 

EPA as the MACT standards for major 

sources of PVC plants. The NACAA 

believes the submittal contains valuable 

information for EPA in developing PVC 

regulations for area sources as well. 

Response: We have traditionally 

reviewed operating permits and current 

standards in the standards development 

process, and we used this approach in 

developing the NESHAP for the four 

area source categories in this final rule. 

The NACAA did not explain why it 

would be inappropriate for EPA to 

adopt existing Federal, State or local 

standards that EPA has determined to be 


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2940 Federal Register / Vol. 72, No. 14 / Tuesday, January 23, 2007 / Rules and Regulations 

3 It is not clear whether the one polyvinyl 

chloride area source plant known to the National 

Association of Clean Air Agencies (NACAA) was 

among the plants that the NACAA analyzed in 

developing the recommended limits. 

effective in controlling HAP emissions. 

Contrary to the commenter’s assertions, 

EPA is setting final area source 

standards for the four source categories 

at issue in this rule. The emissions 

limits and/or work practice standards in 

each of the four NESHAP in this final 

rule have been reviewed, determined by 

EPA to be the appropriate standards for 

the relevant area source category, and 

established by EPA in this final rule as 

the Federal requirements for that 

category pursuant to section 112 of the 

CAA. 

It is conceivable that for those States 

with laws that preclude the State from 

issuing regulations that are more 

stringent than EPA’s regulations, a State 

may need to change its existing area 

source regulation in response to this 

final rule. However, the NACAA has not 

identified any existing State regulation 

that would require modification in this 

regard. Further, as previously 

mentioned, we established the area 

source standards in this final rule based 

on GACT, which may or may not be 

reflected by more stringent State or local 

requirements. The NACAA also asserted 

that the part 61 standards for PVC plants 

are outdated and inappropriate as GACT 

for area source PVC plants. NACAA’s 

statement was apparently based on the 

fact that the part 61 standards were 

issued prior to the 1990 Amendments to 

the Clean Air Act and were based on 

risk. However, the fact that these are 

risk-based standards are not per se 

evidence that they do not reflect GACT 

for area sources of PVC plants. We 

believe that the record supports our 

determination as to what constitutes 

GACT for the four categories at issue 

here. 

Moreover, we reviewed the 

information submitted by the 

commenter that contained their 

‘‘presumptive’’ determination of MACT 

that they issued as guidance to State and 

local agencies. These recommended 

limits were based on the best-controlled 

plants, most if not all of which are major 

sources.3 We believe that these 

recommended limits may represent 

MACT or something beyond MACT, but 

we do not believe that they are 

appropriate for these particular area 

source categories. As previously 

mentioned, we have decided to 

establish the standards for the PVC and 

Copolymer Production area source 

category based on GACT. We do not 

believe that NACAA’s recommended 

limits represent GACT for area sources 

of PVC plants. Because we expect PVC 

plants to be operating in accordance 

with the part 61 standards for PVC 

plants, we believe that these standards 

represent a level of control that is 

generally available and is therefore a 

reasonable representation of GACT for 

area sources in this source category. 

Comment: One commenter stated that 

area source standards are not needed for 

primary beryllium plants. All of these 

plants, including major and area 

sources, are already subject to NESHAP 

under 40 CFR part 61. In addition, the 

proposed area source standard will not 

achieve any reduction in HAP 

emissions. A second commenter stated 

that absent EPA’s statutory obligation to 

establish standards for area sources, 

there would be no need to regulate PVC 

and copolymer plants because they are 

already governed by the existing 

NESHAP. However, the commenter 

recognizes EPA’s obligation to regulate 

PVC and copolymer area sources and 

supports the adoption of the part 61 

NESHAP as the area source standard. 

Response: The second commenter has 

captured the issue and provides the 

response to the first commenter: EPA 

has a statutory obligation to establish 

area source NESHAP for primary 

beryllium plants. 

F. Compliance Date 

Comment: Two commenters stated 

that requiring compliance on the date of 

publication of the final rule in the 

Federal Register does not allow 

sufficient time for existing sources to 

develop a SSM plan. 

Response: We believe that we have 

addressed the commenter’s concern 

regarding existing sources’ abilities to 

develop SSM plans by the compliance 

date. With respect to primary copper 

smelting and primary zinc production 

area sources, this final rule allows 

existing sources in these two area source 

categories to address SSM according to 

the relevant requirements in their title V 

permits, which do not require a SSM 

plan. As previously discussed in our 

response to the comments on the 

necessity of the part 63 SSM 

requirements (section IV.B of this 

preamble), we have reviewed the SSM 

requirements in the title V permits for 

the existing sources of primary copper 

smelting and primary zinc production 

area sources and have determined that 

these provisions are adequate to replace 

the SSM requirements in the General 

Provisions, which require a SSM plan. 

See 40 CFR 63.6(e)(3). We have 

therefore included in the final NESHAP 

for primary copper smelting and 

primary zinc production area sources 

requirements that are based on these 

title V permit terms and conditions. To 

provide flexibility, sources can comply 

with the SSM requirements specified in 

this final rule or comply with the 

provisions contained in the General 

Provisions at 40 CFR 63.6(e). 

Accordingly, the existing sources in 

these two area source categories are not 

required to develop SSM plans and may 

instead continue to follow their title V 

permit requirements regarding SSM. 

In addition, as previously mentioned, 

we are not requiring SSM plans and 

reports in 40 CFR 63.6(e)(3) for area 

source PVC plants and beryllium 

production facilities. Because the 

NESHAP for these source categories in 

this final rule adopt part 61 standards, 

which require compliance at all times, 

specific provisions governing SSM are 

unnecessary. For all of the reasons 

stated above, we believe that the 

concern expressed in this comment has 

been addressed. 

V. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is a 

‘‘significant regulatory action’’ because 

it may raise novel legal or policy issues. 

Accordingly, EPA submitted this action 

to the Office of Management and Budget 

(OMB) for review under Executive 

Order 12866, and any changes made in 

response to OMB recommendations 

have been documented in the docket for 

this action. 

B. Paperwork Reduction Act 

The NESHAP for Polyvinyl and 

Copolymers Production Area Sources do 

not impose any new information 

collection burden. New and existing 

plants that are area sources are required 

to comply with the same testing, 

monitoring, reporting, and 

recordkeeping requirements as those in 

the National Emission Standards for 

Vinyl Chloride (40 CFR part 61, subpart 

F), to which these area sources are 

currently subject, and the information 

collection requirements in the part 61 

NESHAP General Provisions (40 CFR 

part 61, subpart A), which are 

incorporated into the NESHAP. The 

OMB has previously approved the 

information collection requirements in 

40 CFR part 61, subpart F, under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. and has 

assigned OMB control number 2060–

0071, EPA Information Collection 

Request (ICR) number 0186.10. 

A copy of the OMB-approved ICR for 

the National Emission Standards for 


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Federal Register / Vol. 72, No. 14 / Tuesday, January 23, 2007 / Rules and Regulations 2941 

Vinyl Chloride may be obtained from 

Susan Auby, Collection Strategies 

Division, U.S. EPA (2822T), 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460, by e-mail at 

auby.susan@epa.gov, or by calling (202) 

566–1672. 

The requirements for primary 

beryllium production facilities in the 

NESHAP for Primary Nonferrous Metals 

Area Sources do not impose any new 

information collection burden. New and 

existing plants that are area sources are 

required to comply with the same 

testing, monitoring, recordkeeping, and 

reporting requirements as those in the 

National Emission Standards for 

Beryllium (40 CFR part 61, subpart C), 

to which these area sources are 

currently subject, and the information 

collection requirements in the part 61 

General Provisions (40 CFR part 61, 

subpart A), which are incorporated into 

the NESHAP for these sources. The 

OMB has previously approved the 

information collection requirements in 

40 CFR part 61, subpart C, under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. and has 

assigned OMB control number 2060–

0092, EPA ICR number 0193.08. 

A copy of the OMB-approved ICR for 

the National Emission Standards for 

Beryllium may be obtained from Susan 

Auby, Collection Strategies Division, 

U.S. EPA (2822T), 1200 Pennsylvania 

Ave., NW., Washington, DC 20460, by email at auby.susan@epa.gov, or by 

calling (202) 566–1672. 

The information requirements in the 

NESHAP for Polyvinyl Chloride and 

Copolymers Production Area Sources, 

Primary Copper Smelting Area Sources, 

Secondary Copper Smelting Area 

Sources, and Primary Nonferrous 

Metals—Zinc, Cadmium, and Beryllium 

Area Sources have been submitted for 

approval to OMB under the Paperwork 

Reduction Act, 44 U.S.C. 3501 et seq. 

The information collection requirements 

are not enforceable until OMB approves 

them. 

The information collection 

requirements for primary copper 

smelting and primary zinc production 

are based on the current title V 

permitting requirements for existing 

sources and the information collection 

requirements in the part 63 General 

Provisions (40 CFR part 63, subpart A), 

most of which are incorporated into the 

NESHAP for new sources. The ICR 

document includes the burden estimates 

for all applicable General Provisions. 

These recordkeeping and reporting 

requirements are mandatory pursuant to 

section 114 of the CAA (42 U.S.C. 7414). 

All information submitted to EPA 

pursuant to the information collection 

requirements for which a claim of 

confidentiality is made is safeguarded 

according to CAA section 114(c) and the 

Agency’s implementing regulations at 

40 CFR part 2, subpart B. 

The PM testing, monitoring, 

recordkeeping, and reporting 

requirements with which existing 

primary copper smelting and primary 

zinc smelting area sources must comply 

are the same as the requirements that 

are in these facilities’ current title V 

operating permits. The only new 

information collection requirements that 

apply to these area sources consist of 

initial notifications. There are no 

existing secondary copper smelting 

facilities, and there are no requirements 

for existing secondary copper smelting 

area sources. 

Any new primary zinc production 

facility, primary copper smelter, or 

secondary copper smelter area source is 

subject to all information collection 

requirements in the part 63 General 

Provisions. No costs or burden hours are 

estimated for new primary copper 

smelters, secondary copper smelters, or 

primary zinc production area sources 

because no new sources are estimated 

during the 3-year period of the ICR. No 

new sources have been constructed in 

more than 10 years, no new 

construction has been announced, and 

we have no indication there will be any 

new sources in the next 3 years. 

The annual burden for this 

information collection (including all 

four source categories) averaged over the 

first 3 years of this ICR is estimated to 

total 23 labor hours per year at a cost of 

$1,948 for the three existing primary 

copper smelting area sources and 15.4 

labor hours per year at a cost of $1,305 

for the two existing primary zinc 

smelting area sources. No capital/ 

startup costs or operation and 

maintenance costs are associated with 

the requirements. 

Burden means the total time, effort, or 

financial resources expended by persons 

to generate, maintain, retain, disclose, or 

provide information to or for a Federal 

agency. This includes the time needed 

to review instructions; develop, acquire, 

install, and utilize technology and 

systems for the purposes of collecting, 

validating, and verifying information, 

processing and maintaining 

information, and disclosing and 

providing information; adjust the 

existing ways to comply with any 

previously applicable instructions and 

requirements; train personnel to be able 

to respond to a collection of 

information; search data sources; 

complete and review the collection of 

information; and transmit or otherwise 

disclose the information. 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless it displays a currently valid OMB 

control number. The OMB control 

numbers for EPA’s regulations in 40 

CFR part 63 are listed in 40 CFR part 9. 

When this ICR is approved by OMB, the 

Agency will publish a technical 

amendments for the approved 

information collection requirements 

contained in the final rules. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements under the 

Administrative Procedure Act or any 

other statute unless the agency certifies 

that the rule would not have a 

significant economic impact on a 

substantial number of small entities. 

Small entities include small businesses, 

small not-for-profit enterprises, and 

small governmental jurisdictions. 

For the purposes of assessing the 

impacts of the area source NESHAP on 

small entities, small entity is defined as: 

(1) A small business that meets the 

Small Business Administration size 

standards for small businesses at 13 CFR 

121.201 (less than 1,000 employees for 

primary copper smelting and less than 

750 employees for PVC and copolymers 

production, secondary copper smelting, 

and primary nonferrous metals 

manufacturing); (2) a small 

governmental jurisdiction that is a 

government of a city, county, town, 

school district, or special district with a 

population of less than 50,000; and (3) 

a small organization that is any not-forprofit enterprise which is independently 

owned and operated and is not 

dominant in its field. 

After considering the economic 

impacts of these final rules on small 

entities, I certify that this action will not 

have a significant economic impact on 

a substantial number of small entities. 

The small entities directly regulated by 

these final rules are small businesses. 

We have determined that existing small 

businesses in these area source 

categories will not incur any adverse 

impacts on existing area sources of PVC 

and copolymer production facilities, 

primary copper smelters, and nonferrous metal production facilities 

because the rules do not create any new 

requirements or burdens other than 

minimal notification requirements. 

There will be no adverse impacts on 

existing secondary copper area sources 

because there are no existing sources in 

the category. Although these final 

NESHAP contain emission control 


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2942 Federal Register / Vol. 72, No. 14 / Tuesday, January 23, 2007 / Rules and Regulations 

requirements for new area sources in all 

four source categories, we are not aware 

of any new sources being constructed 

now or planned in the near future, and 

consequently, we did not estimate any 

impacts for new sources. 

Although this final rule will not have 

a significant economic impact on a 

substantial number of small entities, 

EPA nonetheless has tried to reduce the 

impact of this rule on small entities. 

These final rules are designed to 

harmonize with existing State or local 

requirements. In addition, we have 

deleted the proposed requirements for 

SSM plans and reports. 

D. Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA), Public 

Law 104–4, establishes requirements for 

Federal agencies to assess the effects of 

their regulatory actions on State, local, 

and tribal governments and the private 

sector. Under section 202 of the UMRA, 

EPA generally must prepare a written 

statement, including a cost-benefit 

analysis, for proposed and final rules 

with ‘‘Federal mandates’’ that may 

result in expenditures by State, local, 

and tribal governments, in the aggregate, 

or to the private sector, of $100 million 

or more in any 1 year. Before 

promulgating an EPA rule for which a 

written statement is needed, section 205 

of the UMRA generally requires EPA to 

identify and consider a reasonable 

number of regulatory alternatives and 

adopt the least costly, most costeffective, or least burdensome 

alternative that achieves the objectives 

of the rule. The provisions of section 

205 do not apply when they are 

inconsistent with applicable law. 

Moreover, section 205 allows EPA to 

adopt an alternative other than the least 

costly, most cost-effective, or least 

burdensome alternative if the 

Administrator publishes with the final 

rule an explanation why that alternative 

was not adopted. Before EPA establishes 

any regulatory requirements that may 

significantly or uniquely affect small 

governments, including tribal 

governments, it must have developed 

under section 203 of the UMRA a small 

government agency plan. The plan must 

provide for notifying potentially 

affected small governments, enabling 

officials of affected small governments 

to have meaningful and timely input in 

the development of EPA regulatory 

proposals with significant Federal 

intergovernmental mandates, and 

informing, educating, and advising 

small governments on compliance with 

the regulatory requirements. 

EPA has determined that the final 

rules do not contain a Federal mandate 

that may result in expenditures of $100 

million or more for State, local, and 

tribal governments, in the aggregate, or 

the private sector in any one year. The 

estimated expenditures for the private 

sector in any one year are less than 

$2,500. Thus, the final rules are not 

subject to the requirements of sections 

202 and 205 of the UMRA. In addition, 

the final rules do not significantly or 

uniquely affect small governments. The 

final rules contain no requirements that 

apply to such governments, impose no 

obligations upon them, and will not 

result in expenditures by them of $100 

million or more in any one year or any 

disproportionate impacts on them. 

Therefore, the final rules are not subject 

to section 203 of the UMRA. 

E. Executive Order 13132: Federalism 

Executive Order 13132 (64 FR 43255, 

August 10, 1999) requires EPA to 

develop an accountable process to 

ensure ‘‘meaningful and timely input by 

State and local officials in the 

development of regulatory policies that 

have federalism implications.’’ ‘‘Policies 

that have federalism implications’’ are 

defined in the Executive Order to 

include regulations that have 

‘‘substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government.’’

These final rules do not have 

federalism implications. They will not 

have substantial direct effects on the 

States, on the relationship between the 

national government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132. These final 

rules impose requirements on owners 

and operators of specified area sources 

and not State and local governments. 

Thus, Executive Order 13132 does not 

apply to these final rules. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

Executive Order 13175 (65 FR 67249, 

November 6, 2000), requires EPA to 

develop an accountable process to 

ensure ‘‘meaningful and timely input by 

tribal officials in the development of 

regulatory policies that have tribal 

implications.’’ These final rules do not 

have tribal implications, as specified in 

Executive Order 13175. They will not 

have substantial direct effects on tribal 

governments, on the relationship 

between the Federal government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal government and Indian tribes, 

as specified in Executive Order 13175. 

These final rules impose requirements 

on owners and operators of specified 

area sources and not tribal governments. 

Thus, Executive Order 13175 does not 

apply to these final rules. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

Executive Order 13045 (62 FR 19885, 

April 23, 1997) applies to any rule that: 

(1) Is determined to be ‘‘economically 

significant,’’ as defined under Executive 

Order 12866, and (2) concerns an 

environmental health or safety risk that 

EPA has reason to believe may have a 

disproportionate effect on children. If 

the regulatory action meets both criteria, 

EPA must evaluate the environmental 

health or safety effects of the planned 

rule on children, and explain why the 

planned regulation is preferable to other 

potentially effective and reasonably 

feasible alternatives considered by EPA. 

EPA interprets Executive Order 13045 

as applying only to those regulatory 

actions that are based on health or safety 

risks, such that the analysis required 

under section 5–501 of the Executive 

Order has the potential to influence the 

regulation. These final rules are not 

subject to the Executive Order. They are 

based on control technology and not on 

health or safety risks. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

These final rules are not a ‘‘significant 

energy action’’ as defined in Executive 

Order 13211 (66 FR 28355, May 22, 

2001) because they are not likely to have 

a significant adverse effect on the 

supply, distribution, or use of energy. 

Further, we have concluded that these 

final rules are not likely to have any 

adverse energy effects because energy 

requirements would remain at existing 

levels. No additional pollution controls 

or other equipment that consume energy 

are required by these final rules. 

I. National Technology Transfer 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act (NTTAA) of 1995 (Pub. L. 104–113, 

section 12(d), 15 U.S.C. 272 note) 

directs EPA to use voluntary consensus 

standards (VCS) in its regulatory 

activities, unless to do so would be 

inconsistent with applicable law or 

otherwise impractical. The VCS are 

technical standards (e.g., materials 

specifications, test methods, sampling 

procedures, and business practices) that 

are developed or adopted by VCS 


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bodies. The NTTAA directs EPA to 

provide Congress, through OMB, 

explanations when the Agency does not 

use available and applicable VCS. 

This rule involves technical 

standards. The EPA cites the following 

standards: EPA Methods 1, 1A, 2, 2A, 

2C, 2D, 2F, 2G, 3, 3A, 3B, 4, 5, 5D, and 

9 in 40 CFR part 60, appendix A; and 

Performance Specifications 1 and 11 in 

40 CFR part 60, appendix B. The search 

identified one VCS as an acceptable 

alternative to EPA Method 3B. The 

method ASME PTC 19.10–1981, ‘‘Flue 

and Exhaust Gas Analyses,’’ is cited in 

two of these final rules for its manual 

method for measuring the oxygen, 

carbon dioxide, and carbon monoxide 

content of the exhaust gas. This part of 

ASME PTC 19.10–1981 is an acceptable 

alternative to EPA Method 3B. 

The standard ASTM D6216 (1998), 

‘‘Standard Practice for Opacity Monitor 

Manufacturers to Certify Conformance 

with Design and Performance 

Specifications,’’ was designated an 

acceptable alternative for the design 

specifications given in EPA’s 

Performance Specification 1. As a result, 

EPA incorporated ASTM D6216–98 by 

reference into Performance 

Specification 1 as the design 

specifications for opacity monitors in 

August 2000. 

The search for emissions 

measurement procedures identified 13 

other VCS. The EPA determined that 

these 13 standards identified for 

measuring emissions of the HAP or 

surrogates subject to emission standards 

in these final rules were impractical 

alternatives to EPA test methods for the 

purposes of the rules. Therefore, EPA 

does not intend to adopt these standards 

for this purpose. The reasons for the 

determinations for the 13 methods are 

in the docket for these rules. 

For the methods required or 

referenced by these rules, a source may 

apply to EPA for permission to use 

alternative test methods or alternative 

monitoring requirements in place of any 

required testing methods, performance 

specifications, or procedures under 

§§ 63.7(f) and 63.8(f) of subpart A of the 

General Provisions. 

J. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801, et seq., as added by the 

Small Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of 

Congress and to the Comptroller General 

of the United States. The EPA will 

submit a report containing these final 

rules and other required information to 

the U.S. Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the final rules in the 

Federal Register. A major rule cannot 

take effect until 60 days after it is 

published in the Federal Register. This 

action is not a ‘‘major rule’’ as defined 

by 5 U.S.C. 804(2). These final rules will 

be effective on January 23, 2007. 

List of Subjects in 40 CFR Part 63 

Environmental protection, Air 

pollution control, Hazardous 

substances, Incorporation by reference, 

Reporting and recordkeeping 

requirements. 

Dated: December 11, 2006. 

Stephen L. Johnson, 

Administrator. 

■ For the reasons stated in the preamble, 

title 40, chapter I, part 63 of the Code 

of Federal Regulations is amended as 

follows: 

PART 63—[AMENDED] 

■ 1. The authority citation for part 63 

continues to read as follows: 

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

Subpart A—[Amended] 

■ 2. Section 63.14 is amended by 

revising paragraph (i)(1) to read as 

follows: 

§ 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 §§ 63.309(k)(1)(iii), 

63.865(b), 63.3166(a)(3), 

63.3360(e)(1)(iii), 63.3545(a)(3), 

63.3555(a)(3), 63.4166(a)(3), 

63.4362(a)(3), 63.4766(a)(3), 

63.4965(a)(3), 63.5160(d)(1)(iii), 

63.9307(c)(2), 63.9323(a)(3), 

63.11148(e)(3)(iii), 63.11155(e)(3), 

63.11162(f)(3)(iii) and (f)(4), 

63.11163(g)(1)(iii) and (g)(2), and Table 

5 of subpart DDDDD of this part. 

* * * * * 

■ 3. Part 63 is amended by adding 

subpart DDDDDD to read as follows: 

Subpart DDDDDD—National Emission 

Standards for Hazardous Air Pollutants 

for Polyvinyl Chloride and Copolymers 

Production Area Sources 

Sec. 

Applicability and Compliance Dates 

63.11140 Am I subject to this subpart? 

63.11141 What are my compliance dates? 

Standards and Compliance Requirements 

63.11142 What are the standards and 

compliance requirements for new and 

existing sources? 

Other Requirements and Information 

63.11143 What General Provisions apply to 

this subpart? 

63.11144 What definitions apply to this 

subpart? 

63.11145 Who implements and enforces 

this subpart? 

Applicability and Compliance Dates 

§ 63.11140 Am I subject to this subpart? 

(a) You are subject to this subpart if 

you own or operate a plant specified in 

40 CFR 61.61(c) that produces polyvinyl 

chloride (PVC) or copolymers and is an 

area source of hazardous air pollutant 

(HAP) emissions. 

(b) This subpart applies to each new 

or existing affected source. The affected 

source is the collection of all equipment 

and activities in vinyl chloride service 

necessary to produce PVC and 

copolymers. An affected source does not 

include portions of your PVC and 

copolymers production operations that 

meet the criteria in 40 CFR 61.60(b) or 

(c). 

(1) An affected source is existing if 

you commenced construction or 

reconstruction of the affected source 

before October 6, 2006. 

(2) An affected source is new if you 

commenced construction or 

reconstruction of the affected source on 

or after October 6, 2006. 

(c) This subpart does not apply to 

research and development facilities, as 

defined in section 112(c)(7) of the Clean 

Air Act (CAA). 

(d) You are exempt from the 

obligation to obtain a permit under 40 

CFR part 70 or 40 CFR part 71, provided 

you are not otherwise required by law 

to obtain a permit under 40 CFR 70.3(a) 

or 40 CFR 71.3(a). Notwithstanding the 

previous sentence, you must continue to 

comply with the provisions of this 

subpart. 

§ 63.11141 What are my compliance 

dates? 

(a) If you own or operate an existing 

affected source, you must achieve 

compliance with the applicable 

provisions in this subpart by January 23, 

2007. 

(b) If you own or operate a new 

affected source, you must achieve 

compliance with the applicable 

provisions in this subpart by the dates 

in paragraphs (b)(1) and (2) of this 

section. 

(1) If you start up a new affected 

source on or before January 23, 2007, 

you must achieve compliance with the 


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applicable provisions in this subpart not 

later than January 23, 2007. 

(2) If you start up a new affected 

source after January 23, 2007, you must 

achieve compliance with the provisions 

in this subpart upon startup of your 

affected source. 

Standards and Compliance 

Requirements 

§ 63.11142 What are the standards and 

compliance requirements for new and 

existing sources? 

You must meet all the requirements in 

40 CFR part 61, subpart F, except for 40 

CFR 61.62 and 40 CFR 61.63. 

Other Requirements and Information 

§ 63.11143 What General Provisions apply 

to this subpart? 

(a) All the provisions in 40 CFR part 

61, subpart A, apply to this subpart. 

(b) The provisions in 40 CFR part 63, 

subpart A, applicable to this subpart are 

specified in paragraphs (b)(1) and (2) of 

this section. 

(1) § 63.1(a)(1) through (10). 

(2) § 63.1(b) except paragraph (b)(3), 

§ 63.1(c), and § 63.1(e). 

§ 63.11144 What definitions apply to this 

subpart? 

The terms used in this subpart are 

defined in the CAA; 40 CFR 61.02; 40 

CFR 61.61; and § 63.2 for terms used in 

the applicable provisions of part 63, 

subpart A, as specified in § 63.11143(b). 

§ 63.11145 Who implements and enforces 

this subpart? 

(a) This subpart can be implemented 

and enforced by the U.S. EPA or a 

delegated authority such as a State, 

local, or tribal agency. If the U.S. EPA 

Administrator has delegated authority to 

a State, local, or tribal agency, then that 

Agency has the authority to implement 

and enforce this subpart. You should 

contact your U.S. EPA Regional Office 

to find out if this subpart is delegated 

to a State, local, or tribal agency within 

your State. 

(b) In delegating implementation and 

enforcement authority of this subpart to 

a State, local, or tribal agency under 40 

CFR part 63, subpart E, the approval 

authorities contained in paragraphs 

(b)(1) through (4) of this section are 

retained by the Administrator of the 

U.S. EPA and are not transferred to the 

State, local, or tribal agency. 

(1) Approval of an alternative means 

of emissions imitation under 40 CFR 

61.12(d). 

(2) Approval of a major change to test 

methods under 40 CFR 61.13(h). A 

‘‘major change to test method’’ is 

defined in § 63.90. 

(3) Approval of a major change to 

monitoring under 40 CFR 61.14(g). A 

‘‘major change to monitoring’’ is defined 

in § 63.90. 

(4) Approval of a major change to 

recordkeeping/reporting under 40 CFR 

61.10. A ‘‘major change to 

recordkeeping/reporting’’ is defined in 

§ 63.90. 

■ 4. Part 63 is amended by adding 

subpart EEEEEE to read as follows: 

Subpart EEEEEE—National Emission 

Standards for Hazardous Air Pollutants 

for Primary Copper Smelting Area 

Sources 

Sec. 

Applicability and Compliance Dates 

63.11146 What are the applicability 

provisions and compliance dates? 

Standards and Compliance Requirements 

63.11147 What are the standards and 

compliance requirements for existing 

sources not using batch copper 

converters? 

63.11148 What are the standards and 

compliance requirements for existing 

sources using batch copper converters? 

63.11149 What are the standards and 

compliance requirements for new 

sources? 

Other Requirements and Information 

63.11150 What General Provisions apply to 

this subpart? 

63.11151 What definitions apply to this 

subpart? 

63.11152 Who implements and enforces 

this subpart? 

Table 1 to Subpart EEEEEE of Part 63—

Applicability of General Provisions to 

Subpart EEEEEE 

Applicability and Compliance Dates 

§ 63.11146 What are the applicability 

provisions and compliance dates? 

(a) You are subject to this subpart if 

you own or operate a primary copper 

smelter that is an area source of 

hazardous air pollutant (HAP) 

emissions. 

(b) This subpart applies to each new 

or existing affected source. The affected 

source is each primary copper smelter. 

(1) An affected source is existing if 

you commenced construction or 

reconstruction of the affected source 

before October 6, 2006. 

(2) An affected source is new if you 

commenced construction or 

reconstruction of the affected source on 

or after October 6, 2006. 

(c) This subpart does not apply to 

research and development facilities, as 

defined in section 112(c)(7) of the Clean 

Air Act (CAA). 

(d) If you own or operate an area 

source subject to this subpart, you must 

obtain a permit under 40 CFR part 70 or 

40 CFR part 71. 

(e) If you own or operate an existing 

affected source, you must achieve 

compliance with the applicable 

provisions of this subpart by January 23, 

2007. 

(f) If you own or operate a new 

affected source, you must achieve 

compliance with the applicable 

provisions of this subpart by the dates 

in paragraphs (f)(1) and (2) of this 

section. 

(1) If you startup a new affected 

source on or before January 23, 2007, 

you must achieve compliance with the 

applicable provisions of this subpart not 

later than January 23, 2007. 

(2) If you startup a new affected 

source after January 23, 2007, you must 

achieve compliance with the applicable 

provisions of this subpart upon startup 

of your affected source. 

Standards and Compliance 

Requirements 

§ 63.11147 What are the standards and 

compliance requirements for existing 

sources not using batch copper 

converters? 

(a) Emissions limits and work practice 

standards. (1) You must not discharge to 

the atmosphere through any 

combination of stacks or other vents 

captured process exhaust gases from the 

copper concentrate dryers, smelting 

vessels, converting vessels, matte drying 

and grinding plants, secondary gas 

systems, and anode refining department 

that contain particulate matter less than 

10 microns in aerodynamic diameter 

(PM10) in excess of 89.5 pounds per 

hour (lb/hr) on a 24-hour average basis. 

(2) You must operate a capture system 

that collects the gases and fumes 

released during the transfer of molten 

materials from smelting vessels and 

converting vessels and conveys the 

collected gas stream to a control device. 

(3) You must operate one or more 

capture systems that collect the gases 

and fumes released from each vessel 

used to refine blister copper, remelt 

anode copper, or remelt anode scrap 

and convey each collected gas stream to 

a control device. One control device 

may be used for multiple collected gas 

streams. 

(b) Compliance requirements. For 

purposes of determining compliance 

with the emissions limit in paragraph 

(a)(1) of this section, you must comply 

with the requirements in paragraphs 

(b)(1) through (7) of this section. 

(1) You must calibrate, maintain and 

operate a system to continuously 

measure emissions of particulate matter 

(PM) from the smelter’s main stack. 

(2) All PM collected by the smelter 

main stack continuous PM sampling 

system is reported as PM10 unless you 


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demonstrate to the satisfaction of the 

permitting authority that, due to an 

infrequent event, the measured PM 

contains a large fraction of particles 

greater than 10 microns in diameter. 

(3) To determine the mass emissions 

rate, the PM10 concentration as 

determined by the smelter main stack 

continuous PM sampling system is 

multiplied by the volumetric flow rate 

for the smelter main stack and any 

necessary conversion factors. 

(4) Compliance with the PM10

emissions limit is demonstrated based 

on the average mass PM10 emissions rate 

for each 24-hour period. 

(5) The results of the PM monitoring 

and calculated average mass PM10

emissions rate for each 24-hour period 

must be recorded and the records 

maintained for at least 5 years. Collected 

data must be available for inspection 

when the required laboratory analysis is 

completed. 

(6) You must submit to the permitting 

authority by the 20th day of each month 

a report summarizing the 24-hour 

average mass PM10 emissions rates for 

the previous month. 

(7) You may certify initial compliance 

with the emissions limit in paragraph 

(a)(1) of this section based on the results 

of PM sampling conducted during the 

previous month. 

(c) Operation and maintenance 

requirements. (1) At all times, including 

periods of startup, shutdown, and 

malfunction, you must to the extent 

practicable, maintain and operate any 

affected source, including associated air 

pollution control equipment, in a 

manner consistent with good air 

pollution control practice for 

minimizing emissions. Determination of 

whether acceptable operating and 

maintenance procedures are being used 

will be based on information available 

to the permitting authority which may 

include, but is not limited to, 

monitoring results, opacity 

observations, review of operating and 

maintenance procedures, and inspection 

of the source. 

(2) All pollution control equipment 

must be installed, maintained, and 

operated properly. Instructions from the 

vendor or established maintenance 

practices that maximize pollution 

control must be followed. All necessary 

equipment control and operating 

devices, such as pressure gauges, amp 

meters, volt meters, flow rate indicators, 

temperature gauges, continuous 

emission monitors, etc., must be 

installed, operated properly, and easily 

accessible to compliance inspectors. A 

copy of all manufacturers’ operating 

instructions for pollution control 

equipment and pollution emitting 

equipment must be maintained at your 

facility site. These instructions must be 

available to all employees who operate 

the equipment and must be made 

available to the permitting authority 

upon request. Maintenance records 

must be made available to the 

permitting authority upon request. 

(3) You must document the activities 

performed to assure proper operation 

and maintenance of the air pollution 

control equipment and monitoring 

systems or devices. 

(4) Except as provided in paragraph 

(c)(5) of this section, in the event of an 

emergency situation the owner or 

operator must comply with the 

requirements in paragraphs (c)(4)(i) 

through (iii) of this section. For the 

purposes of complying with this 

paragraph, an emergency situation is 

any situation arising from sudden and 

reasonably unforeseeable events beyond 

the control of the facility owner or 

operator that requires immediate 

corrective action to restore normal 

operation, and that causes the affected 

source to exceed an applicable 

emissions limitation under this subpart, 

due to unavoidable increases in 

emissions attributable to the emergency. 

An emergency must not include 

noncompliance to the extent it is caused 

by improperly designed equipment, lack 

of preventive maintenance, careless or 

improper operation, or operator error. 

(i) During the period of the 

emergency, you must implement all 

reasonable steps to minimize levels of 

emissions that exceed the emissions 

standards or other applicable 

requirements in this subpart. 

(ii) You must document through 

signed contemporaneous logs or other 

relevant evidence that an emergency 

occurred and you can identify the 

probable cause, your facility was being 

operated properly at the time the 

emergency occurred, and the corrective 

actions taken to minimize emissions as 

required by paragraph (c)(4)(i) of this 

section. 

(iii) You must submit a notice of the 

emergency to the permitting authority 

within two working days of the time 

when emissions limitations were 

exceeded due to the emergency (or an 

alternate timeframe acceptable to the 

permitting authority). This notice must 

contain a description of the emergency, 

any steps taken to mitigate emissions, 

and corrective actions taken. 

(5) As an alternative to the 

requirements in paragraph (c)(4) of this 

section, you must comply with the 

startup, shutdown, and malfunction 

requirements in 40 CFR 63.6(e)(3). 

(d) Deviations. You must submit 

written notification to the permitting 

authority of any deviation from the 

requirements of this subpart, including 

the probable cause of such deviations 

and any corrective actions or 

preventative measures taken. You must 

submit this notification within 14 days 

of the date the deviation occurred. 

(e) Reports. You must submit 

semiannual monitoring reports to your 

permitting authority. All instances of 

deviations from the requirements of this 

subpart must be clearly identified in the 

reports. 

(f) Records. (1) You must retain 

records of all required monitoring data 

and support information. Support 

information includes all calibration and 

maintenance records, all original strip 

charts or appropriate recordings for 

continuous monitoring instrumentation, 

and copies of all reports required by this 

subpart. For all monitoring 

requirements, the owner or operator 

must record, where applicable, the date, 

place, and time of sampling or 

measurement; the date analyses were 

performed; the company or entity that 

performed the analyses; the analytical 

techniques or methods used; the results 

of such analyses; and the operating 

conditions existing at the time of 

sampling or measurement. 

(2) You must maintain records of the 

activities performed to assure proper 

operation and maintenance of the air 

pollution control equipment and 

monitoring systems or devices. Records 

of these activities must be maintained 

for at least 5 years. 

§ 63.11148 What are the standards and 

compliance requirements for existing 

sources using batch copper converters? 

(a) Emissions limits and work practice 

standards. (1) For each copper 

concentrate dryer, you must not 

discharge to the atmosphere from the 

dryer vent any gases that contain total 

particulate matter (PM) in excess of 

0.022 grains per dry standard cubic foot 

(gr/dscf). 

(2) You must exhaust the process off 

gas from each smelting vessel to a 

control device according to the 

requirements in paragraphs (a)(2)(i) and 

(ii) of this section. 

(i) During periods when copper ore 

concentrate feed is charged to and 

smelted to form molten copper matte 

and slag layers in the smelting vessel, 

you must exhaust the process off gas 

from the smelting vessel to a gas 

cleaning system controlling PM and to 

a sulfuric acid plant prior to discharge 

to the atmosphere. 

(ii) During periods when no copper 

ore concentrate feed is charged to or 

molten material tapped from the 

smelting vessel but the smelting vessel 


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remains in operation to temporarily 

hold molten material in the vessel 

before resuming copper production, you 

must exhaust the process off gas from 

the smelting vessel to an electrostatic 

precipitator or baghouse prior to 

discharge to the atmosphere. 

(3) You must control the process 

emissions released when tapping copper 

matte or slag from a smelting vessel 

according to paragraphs (a)(3)(i) and (ii) 

of this section. 

(i) You must operate a capture system 

that collects the gases and fumes 

released when copper matte or slag is 

tapped from the smelting vessel. The 

design and placement of this capture 

system must be such that the tapping 

port opening, launder, and receiving 

vessel (e.g., ladle, slag pot) are 

positioned within the confines or 

influence of the capture system’s 

ventilation draft during those times 

when the copper matte or slag is flowing 

from the tapping port opening. 

(ii) You must not cause to be 

discharged to the atmosphere from the 

capture system used to comply with 

paragraph (a)(3)(i) of this section any 

gases that contain total PM in excess of 

0.022 gr/dscf. 

(4) For each batch copper converter, 

you must meet the requirements in 

paragraphs (a)(4)(i) through (iv) of this 

section. 

(i) You must operate a primary 

capture system that collects the process 

off gas vented when one or more batch 

copper converters are blowing. If you 

operate a batch copper converter that 

does not use a ‘‘U’’-shaped side flue 

located at one end of the converter, then 

the capture system design must include 

use of a primary hood that covers the 

entire mouth of each batch copper 

converter vessel when the copper 

converter is positioned for blowing. The 

capture system may use multiple intake 

and duct segments through which the 

ventilation rates are controlled 

independently of each other. 

(ii) If you operate a batch copper 

converter that does not use a ‘‘U’’- 

shaped side flue located at one end of 

the converter, then you must operate a 

secondary capture system that collects 

gases and fumes released from the batch 

copper converter when the converter 

mouth is rotated out partially or totally 

from within the confines or influence of 

the primary capture system’s ventilation 

draft during charging, skimming, 

pouring, or holding. The capture system 

design must use additional hoods (e.g., 

sliding secondary hoods, air curtain 

hoods) or other capture devices (e.g., 

building evacuation systems). The 

capture system may use multiple intake 

and duct segments through which the 

ventilation rates are controlled 

independently of each other, and 

individual duct segments may be 

connected to separate PM control 

devices. 

(iii) You must exhaust the process off 

gas captured by the primary capture 

system that is used to comply with 

paragraph (a)(4)(i) of this section to a gas 

cleaning system controlling PM and to 

a sulfuric acid plant prior to discharge 

to the atmosphere. 

(iv) For each secondary capture 

system that is used to comply with 

paragraph (a)(4)(ii) of this section and is 

not vented to a gas cleaning system 

controlling PM and a sulfuric acid plant, 

you must not cause to be discharged to 

the atmosphere any gases that contain 

total particulate matter in excess of 0.02 

grains/dscf. 

(b) Monitoring requirements for 

electrostatic precipitators. To monitor 

the performance of each electrostatic 

precipitator used to comply with the PM 

emissions limits in paragraph (a) of this 

section, you must use a continuous 

opacity monitoring system (COMS) that 

is installed at the outlet of each 

electrostatic precipitator or a common 

duct at the outlet of multiple 

electrostatic precipitators. 

(1) Each COMS must meet 

Performance Specification 1 in 40 CFR 

part 60, appendix B. 

(2) You must comply with the quality 

assurance requirements in paragraphs 

(b)(2)(i) through (v) of this section. 

(i) You must automatically (intrinsic 

to the opacity monitor) check the zero 

and upscale (span) calibration drifts at 

least once daily. For a particular COMS, 

the acceptable range of zero and upscale 

calibration materials is as defined in the 

applicable version of Performance 

Specification 1 in 40 CFR part 60, 

appendix B. 

(ii) You must adjust the zero and span 

whenever the 24-hour zero drift or 24- 

hour span drift exceeds 4 percent 

opacity. The COMS must allow for the 

amount of excess zero and span drift 

measured at the 24-hour interval checks 

to be recorded and quantified. The 

optical surfaces exposed to the effluent 

gases must be cleaned prior to 

performing the zero and span drift 

adjustments, except for systems using 

automatic zero adjustments. For systems 

using automatic zero adjustments, the 

optical surfaces must be cleaned when 

the cumulative automatic zero 

compensation exceeds 4 percent 

opacity. 

(iii) You must apply a method for 

producing a simulated zero opacity 

condition and an upscale (span) opacity 

condition using a certified neutral 

density filter or other related technique 

to produce a known obscuration of the 

light beam. All procedures applied must 

provide a system check of the analyzer 

internal optical surfaces and all 

electronic circuitry including the lamp 

and photodetector assembly. 

(iv) Except during periods of system 

breakdowns, repairs, calibration checks, 

and zero and span adjustments, the 

COMS must be in continuous operation 

and must complete a minimum of one 

cycle of sampling and analyzing for 

each successive 10 second period and 

one cycle of data recording for each 

successive 6-minute period. 

(v) You must reduce all data from the 

COMS to 6-minute averages. Six-minute 

opacity averages must be calculated 

from 36 or more data points equally 

spaced over each 6-minute period. Data 

recorded during periods of system 

breakdowns, repairs, calibration checks, 

and zero and span adjustments must not 

be included in the data averages. An 

arithmetic or integrated average of all 

data may be used. 

(3) You must evaluate opacity 

measurements from the COMS on a 24- 

hour rolling average excluding periods 

of startup, shutdown, and malfunction. 

If the 24-hour rolling average opacity 

exceeds 15 percent, you must initiate 

investigation of the relevant controls or 

equipment within 24 hours of the first 

discovery of the high opacity incident 

and, if necessary, take corrective action 

as soon as practicable to adjust or repair 

the controls or equipment to reduce the 

opacity average to below the 15 percent 

level. 

(4) You must log in ink or electronic 

format and maintain a record of 24-hour 

opacity measurements performed in 

accordance with paragraph (b)(3) of this 

section and any corrective actions taken, 

if any. A record of corrective actions 

taken must include the date and time 

during which the 24-hour rolling 

average opacity exceeded 15 percent 

and the date, time and type of the 

corrective action. 

(c) Monitoring requirements for 

baghouses. To monitor the performance 

of each baghouse used to comply with 

PM emissions limits in paragraph (a) of 

this section, you must use a bag leak 

detection system according to the 

requirements in paragraphs (c)(1) 

through (4) of this section. 

(1) You must install, calibrate, 

maintain, and continuously operate a 

bag leak detection system for the 

baghouse to monitor the baghouse 

performance. 

(2) The baghouse leak detection 

system must meet the specifications and 

requirements in paragraphs (c)(2)(i) 

through (v) of this section. 


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(i) The bag leak detection system must 

be certified by the manufacturer to be 

capable of detecting particulate matter 

emissions at concentrations that can 

effectively discern any dysfunctional 

leaks of the baghouse. 

(ii) The bag leak detection system 

sensor must provide output of relative 

or absolute particulate matter loadings. 

(iii) The bag leak detection system 

must be equipped with an alarm system 

that will sound automatically when an 

increase in relative particulate 

emissions over a preset level is detected. 

The alarm must be located where it is 

easily heard by plant operating 

personnel. 

(iv) The bag leak detection system 

must be installed downstream of the 

baghouse. 

(v) The bag leak detection system 

must be installed, operated, calibrated, 

and maintained in a manner consistent 

with the manufacturer’s written 

specifications and recommendations. 

The calibration of the system must, at a 

minimum, consist of establishing the 

relative baseline output level by 

adjusting the sensitivity and the 

averaging period of the device and 

establishing the alarm set points and the 

alarm delay time. 

(3) If the bag leak detection system 

alarm sounds, you must initiate 

investigation of the baghouse within 24 

hours of the first discovery of the alarm 

and, if necessary, take corrective action 

as soon as practicable to adjust or repair 

the baghouse to minimize possible 

exceedances of the applicable PM 

emissions limits in paragraph (a) of this 

section. 

(4) You must log in ink or electronic 

format and maintain a record of 

installation, calibration, maintenance, 

and operation of the bag leak detection 

system. If the bag leak detection system 

alarm sounds, the records must include 

an identification of the date and time of 

all bag leak detection alarms, their 

cause, and an explanation of the 

corrective actions taken, if any. 

(d) Alternative monitoring 

requirements for baghouses. As an 

alternative to the requirements in 

paragraph (c) of this section for bag leak 

detection systems, you must monitor the 

performance of each baghouse used to 

comply with a PM emissions limit in 

paragraph (a) of this section using a 

COMS that is installed at the outlet on 

the baghouse or a common duct at the 

outlet of multiple baghouses. Each 

COMS must meet the requirements in 

paragraphs (b)(1) through (4) of this 

section. 

(e) Performance testing. (1) You must 

demonstrate initial compliance with the 

applicable PM emissions limits in 

paragraph (a) of this section based on 

the results of a performance test for each 

affected source. 

(i) You may certify initial compliance 

for an affected source based on the 

results of a previous performance test 

conducted within the past 12 months 

before your compliance date. 

(ii) If you have not conducted a 

performance test to demonstrate 

compliance with the applicable 

emissions limits within the past 12 

months before your compliance date, 

you must conduct a performance test 

within 180 days of your compliance 

date and report the results in your 

notification of compliance status. 

(2) You must demonstrate subsequent 

compliance with the applicable PM 

emissions limits in paragraph (a) of this 

section based on the results of repeat 

performance tests conducted at least 

every 2.5 years for each affected source. 

(3) You must conduct each 

performance test according to 

§ 63.7(e)(1) using the test methods and 

procedures in paragraphs (e)(3)(i) 

through (v) of this section. 

(i) Method 1 or 1A (40 CFR part 60, 

appendix A) to select sampling port 

locations and the number of traverse 

points in each stack or duct. Sampling 

sites must be located at the outlet of the 

control device (or at the outlet of the 

emissions source if no control device is 

present) prior to any releases to the 

atmosphere. 

(ii) Method 2, 2A, 2C, 2D, 2F, or 2G 

(40 CFR part 60, appendix A) to 

determine the volumetric flow rate of 

the stack gas. 

(iii) Method 3, 3A, or 3B (40 CFR part 

60, appendix A) to determine the dry 

molecular weight of the stack gas. You 

may use ANSI/ASME PTC 19.10–1981, 

‘‘Flue and Exhaust Gas Analyses’’

(incorporated by reference—see § 63.14) 

as an alternative to EPA Method 3B. 

(iv) Method 4 (40 CFR part 60, 

appendix A) to determine the moisture 

content of the stack gas. 

(v) Method 5 (40 CFR part 60, 

appendix A) to determine the PM 

concentration for negative pressure 

baghouses or Method 5D (40 CFR part 

60, appendix A) for positive pressure 

baghouses. A minimum of three valid 

test runs are needed to comprise a PM 

performance test. 

(f) Operation and maintenance 

requirements. (1) At all times, including 

periods of startup, shutdown, and 

malfunction, you must to the extent 

practicable, maintain and operate any 

affected source, including associated air 

pollution control equipment, in a 

manner consistent with good air 

pollution control practice for 

minimizing emissions. Determination of 

whether acceptable operating and 

maintenance procedures are being used 

will be based on information available 

to the permitting authority which may 

include, but is not limited to, 

monitoring results, opacity 

observations, review of operating and 

maintenance procedures, and inspection 

of the source. 

(2) All pollution control equipment 

must be installed, maintained, and 

operated properly. Instructions from the 

vendor or established maintenance 

practices that maximize pollution 

control must be followed. All necessary 

equipment control and operating 

devices, such as pressure gauges, amp 

meters, volt meters, flow rate indicators, 

temperature gauges, continuous 

emissions monitor, etc., must be 

installed, operated properly and easily 

accessible to compliance inspectors. A 

copy of all manufacturers’ operating 

instructions for pollution control 

equipment and pollution emitting 

equipment must be maintained at your 

facility site. These instructions must be 

available to all employees who operate 

the equipment and must be made 

available to the permitting authority 

upon request. Maintenance records 

must be made available to the 

permitting authority upon request. 

(3) You must document the activities 

performed to assure proper operation 

and maintenance of the air pollution 

control equipment and monitoring 

systems or devices. Records of these 

activities must be maintained as 

required by the permitting authority. 

(4) Except as specified in paragraph 

(f)(5) of this section, in the event of an 

emergency situation, you must comply 

with the requirements specified in 

paragraphs (f)(4)(i) through (iii) of this 

section. For the purpose of complying 

with this paragraph, an emergency 

situation is any situation arising from 

sudden and reasonably unforeseeable 

events beyond the control of the facility 

owner or operator that requires 

immediate corrective action to restore 

normal operation and that causes the 

affected source to exceed applicable 

emission limitation under this subpart 

due to unavoidable increases in 

emissions attributable to the emergency. 

An emergency must not include 

noncompliance to the extent it is caused 

by improperly designed equipment, lack 

of preventive maintenance, careless or 

improper operation, or operator error. 

(i) During the period of the emergency 

you must implement all reasonable 

steps to minimize levels of emissions 

that exceeded the emission standards or 

other applicable requirements in this 

subpart. 


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(ii) You must document through 

signed contemporaneous logs or other 

relevant evidence that an emergency 

occurred and you can identify the 

probable cause, your facility was being 

operated properly at the time the 

emergency occurred, and the corrective 

actions taken to minimize emissions as 

required by paragraph (f)(4)(i) of this 

section. 

(iii) You must submit a notice of the 

emergency to the permitting authority 

within two working days of the time 

when emission limitations were 

exceeded due to the emergency (or an 

alternate timeframe acceptable to the 

permitting authority). This notice must 

contain a description of the emergency, 

any steps taken to mitigate emissions, 

and corrective actions taken. 

(5) As an alternative to the 

requirements in paragraph (f)(4) of this 

section, you must comply with the 

startup, shutdown, and malfunction 

requirements in 40 CFR 63.6(e)(3). 

(g) Recordkeeping requirements. (1) 

You must maintain records of the 

occurrence and duration of any startup, 

shutdown, or malfunction in the 

operation of an affected source subject 

to this subpart; any malfunction of the 

air pollution control equipment; or any 

periods during which a continuous 

monitoring system or monitoring device 

is inoperative. 

(2) You must maintain a file of all 

measurements, including continuous 

monitoring system, monitoring device, 

and performance testing measurements; 

all continuous monitoring system 

performance evaluations; all continuous 

monitoring system or monitoring device 

calibration checks; adjustments and 

maintenance performed on these 

systems or devices; and all other 

information required by this section 

recorded in a permanent form suitable 

for inspection. The file must be retained 

for at least 5 years following the date of 

such measurements, maintenance, 

reports. 

(h) Reporting requirements. (1) You 

must prepare and submit to the 

permitting authority an excess 

emissions and monitoring systems 

performance report and summary report 

every calendar quarter. A less frequent 

reporting interval may used for either 

report as approved by the permitting 

authority. 

(2) The summary report must include 

the information in paragraphs (h)(2)(i) 

through (iv) of this section. 

(i) The magnitude of excess emissions 

computed, any conversion factor(s) 

used, and the date and time of 

commencement and completion of each 

time period of excess emissions. The 

process operating time during the 

reporting period. 

(ii) Specific identification of each 

period of excess emissions that occurs 

during startups, shutdowns, and 

malfunctions of the affected facility. The 

nature and cause of any malfunction (if 

known), the corrective action taken or 

preventative measures adopted. 

(iii) The date and time identifying 

each period during which the 

continuous monitoring system was 

inoperative except for zero and span 

checks and the nature of the system 

repairs or adjustments. 

(iv) When no excess emissions have 

occurred or the continuous monitoring 

system(s) have not been inoperative, 

repaired, or adjusted, such information 

must be stated in the report. 

§ 63.11149 What are the standards and 

compliance requirements for new sources? 

(a) Emissions limits and work practice 

standards. (1) You must not discharge to 

the atmosphere exhaust gases that 

contain total PM in excess of 0.6 pound 

per ton of copper concentrate feed 

charged on a 24-hour average basis from 

any combination of stacks, vents, or 

other openings on furnaces, reactors, or 

other types of process vessels used for 

the production of anode copper from 

copper sulfide ore concentrates by 

pyrometallurgical techniques. Examples 

of such process equipment include, but 

are not limited to, copper concentrate 

dryers, smelting flash furnaces, smelting 

bath furnaces, converting vessels, 

combined smelting and converting 

reactors, anode refining furnaces, and 

anode shaft furnaces. 

(2) You must operate a capture system 

that collects the gases and fumes 

released during the transfer of molten 

materials from smelting vessels and 

converting vessels and conveys the 

collected gas stream to a baghouse or 

other PM control device. 

(3) You must operate one or more 

capture systems that collect the gases 

and fumes released from each vessel 

used to refine blister copper, remelt 

anode copper, or remelt anode scrap 

and convey each collected gas stream to 

a baghouse or other PM control device. 

One control device may be used for 

multiple collected gas streams. 

(b) Monitoring requirements. (1) You 

must install, operate, and maintain a PM 

continuous emissions monitoring 

system (CEMS) to measure and record 

PM concentrations and gas stream flow 

rates for the exhaust gases discharged to 

the atmosphere from each affected 

source subject to the emissions limit in 

paragraph (a)(1) of this section. A single 

PM CEMS may be used for the 

combined exhaust gas streams from 

multiple affected sources at a point 

before the gases are discharged to the 

atmosphere. For each PM CEMS used to 

comply with this paragraph, you must 

meet the requirements in paragraphs 

(b)(1)(i) through (iii) of this section. 

(i) You must install, certify, operate, 

and maintain the PM CEMS according 

to EPA Performance Specification 11 in 

40 CFR part 60, appendix B, and the 

quality assurance requirements of 

Procedure 2 in 40 CFR part 60, 

appendix F. 

(ii) You must conduct an initial 

performance evaluation of the PM 

CEMS according to the requirements of 

Performance Specification 11 in 40 CFR 

part 60, appendix B. Thereafter, you 

must perform the performance 

evaluations as required by Procedure 2 

in 40 CFR part 60, appendix F. 

(iii) You must perform quarterly 

accuracy determinations and daily 

calibration drift tests for the PM CEMS 

according to Procedure 2 in 40 CFR part 

60, appendix F. 

(2) You must install, operate, and 

maintain a weight measurement system 

to measure and record the weight of the 

copper concentrate feed charged to the 

smelting vessel on a daily basis. 

(c) Compliance requirements. (1) You 

must demonstrate initial compliance 

with the emissions limit in paragraph 

(a)(1) of this section using the 

procedures in paragraph (c)(2) this 

section within 180 days after startup 

and report the results in your 

notification of compliance status no 

later than 30 days after the end of the 

compliance demonstration. 

(2) You must demonstrate continuous 

compliance with the emissions limit in 

paragraph (a)(1) of this section using the 

procedures in paragraph (c)(2)(i) 

through (iii) of this section whenever 

your facility is producing copper from 

copper concentrate. 

(i) You must continuously monitor 

and record PM emissions, determine 

and record the daily (24-hour) value for 

each day, and calculate and record the 

daily average pounds of total PM per ton 

of copper concentrate feed charged to 

the smelting vessel according to the 

requirements in paragraph (b) of this 

section. 

(ii) You must calculate the daily 

average at the end of each calendar day 

for the preceding 24-hour period. 

(iii) You must maintain records of the 

calculations of daily averages with 

supporting information and data, 

including measurements of the weight 

of copper concentrate feed charged to 

the smelting vessel. Collected PM CEMS 

data must be made available for 

inspection. 


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(d) Alternative startup, shutdown, and 

malfunction requirements. You must 

comply with the requirements specified 

in this paragraph as an alternative to the 

requirements in 40 CFR 63.6(e)(3). In 

the event of an emergency situation, you 

must comply with the requirements 

specified in paragraphs (d)(1) through 

(3) of this section. For the purpose of 

complying with this paragraph, an 

emergency situation is any situation 

arising from sudden and reasonably 

unforeseeable events beyond the control 

of the facility owner or operator that 

requires immediate corrective action to 

restore normal operation, and that 

causes the affected source to exceed an 

applicable emissions limitation under 

this subpart, due to unavoidable 

increases in emissions attributable to 

the emergency. An emergency must not 

include noncompliance to the extent it 

is caused by improperly designed 

equipment, lack of preventive 

maintenance, careless or improper 

operation, or operator error. 

(1) During the period of the 

emergency, you must implement all 

reasonable steps to minimize levels of 

emissions that exceeded the emission 

standards or other applicable 

requirements in this subpart. 

(2) You must document through 

signed contemporaneous logs or other 

relevant evidence that an emergency 

occurred and you can identify the 

probable cause, your facility was being 

operated properly at the time the 

emergency occurred, and the corrective 

actions taken to minimize emissions as 

required by paragraph (d)(1) of this 

section. 

(3) You must submit a notice of the 

emergency to the permitting authority 

within two working days of the time 

when emissions limitations were 

exceeded due to the emergency (or an 

alternate timeframe acceptable to the 

permitting authority). This notice must 

contain a description of the emergency, 

any steps taken to mitigate emissions, 

and corrective actions taken. 

(e) Reports. You must submit to the 

permitting authority by the 20th day of 

each month a summary of the daily 

average PM per ton of copper 

concentrate feed charged to the smelting 

vessel for the previous month. 

Other Requirements and Information 

§ 63.11150 What General Provisions apply 

to this subpart? 

(a) If you own or operate a new or 

existing affected source, you must 

comply with the requirements of the 

General Provisions (40 CFR part 63, 

subpart A) as specified in Table 1 to this 

subpart. 

(b) If you own or operate an existing 

affected source subject to § 63.11147, 

your notification of compliance status 

required by § 63.9(h) must include the 

information specified in paragraphs 

(b)(1) through (4) of this section. 

(1) If you certify initial compliance 

with the PM emissions limit in 

§ 63.11147(a)(1) based on monitoring 

data from the previous month, your 

notification of compliance status must 

include this certification of compliance, 

signed by a responsible official: ‘‘This 

facility complies with the PM emissions 

limit in § 63.11147(a)(1) based on 

monitoring data that were collected 

during the previous month.’’

(2) If you conduct a new performance 

test to demonstrate initial compliance 

with the PM emissions limit in 

§ 63.11147(a)(1), your notification of 

compliance status must include the 

results of the performance test, 

including required monitoring data. 

(3) Your notification of compliance 

status must include this certification of 

compliance, signed by a responsible 

official, for the work practice standard 

in § 63.11147(a)(2): ‘‘This facility 

complies with the requirement to 

capture gases from transfer of molten 

materials from smelting vessels and 

converting vessels and convey them to 

a control device in accordance with 

§ 63.11147(a)(2).’’

(4) Your notification of compliance 

status must include this certification of 

compliance, signed by a responsible 

official, for the work practice standard 

in § 63.11147(a)(3): ‘‘This facility 

complies with the requirement to 

capture gases from operations in the 

anode refining department and convey 

them to a PM control device in 

accordance with § 63.11147(a)(3).’’

(c) If you own or operate an existing 

affected source subject to § 63.11148, 

your notification of compliance status 

required by § 63.9(h) must include the 

information specified in paragraphs 

(c)(1) through (4) of this section. 

(1) If you certify initial compliance 

with the PM emissions limit in 

§ 63.11148(a)(1), (a)(3)(ii), and (a)(4)(iv) 

based on the results of a previous 

performance test conducted within the 

past 12 months before your compliance 

date, your notification of compliance 

status must include this certification of 

compliance, signed by a responsible 

official: ‘‘This facility complies with the 

PM emissions limit in § 63.11148(a)(1) 

based on the results of a previous 

performance test.’’

(2) If you conduct a new performance 

test to demonstrate initial compliance 

with the PM emissions limits in 

§ 63.11148(a)(1), (a)(3)(ii), and (a)(4)(iv), 

your notification of compliance status 

must include the results of the 

performance test, including required 

monitoring data. 

(3) Your notification of compliance 

status must include this certification of 

compliance, signed by a responsible 

official, for the work practice standards 

in § 63.11148(a)(2), and (a)(4)(iii): ‘‘This 

facility complies with the requirement 

to vent captured process gases to a gas 

cleaning system controlling PM and to 

a sulfuric acid plant in accordance with 

§ 63.11148(a)(2) and (a)(4)(iii).’’

(3) Your notification of compliance 

status must include this certification of 

compliance, signed by a responsible 

official, for the work practice standard 

in § 63.11148(a)(3)(i): ‘‘This facility 

complies with the requirement to 

operate capture systems to collect gases 

and fumes released when copper matte 

or slag is tapped from the smelting 

vessel in accordance with 

§ 63.11148(a)(3)(i).’’

(4) Your notification of compliance 

status must include this certification of 

compliance, signed by a responsible 

official, for the work practice standard 

in § 63.11148(a)(4): ‘‘This facility 

complies with the requirement to 

operate capture systems to collect gases 

and fumes released during batch copper 

converter operations in accordance with 

§ 63.11148(a)(4).’’

(d) If you own or operate a new 

affected source, your notification of 

compliance status required by § 63.9(h) 

must include the information in 

paragraphs (d)(1) through (3) of this 

section. 

(1) Your notification of compliance 

status must include the results of the 

initial performance test and monitoring 

data collected during the test that 

demonstrate compliance with the 

emissions limit in § 63.11149(a)(1). 

(2) Your notification of compliance 

status must include this certification of 

compliance, signed by a responsible 

official, for the work practice standard 

in § 63.11149(a)(2): ‘‘This facility 

complies with the requirement to 

capture gases from transfer of molten 

materials from smelting vessels and 

converting vessels and convey them to 

a PM control device in accordance with 

§ 63.11149(a)(2).’’

(3) Your notification of compliance 

status must include this certification of 

compliance, signed by a responsible 

official, for the work practice standard 

in § 63.11149(a)(3): ‘‘This facility 

complies with the requirement to 

capture gases from each vessel used to 

refine blister copper, remelt anode 

copper, or remelt anode scrap, and 

convey them to a PM control device in 

accordance with § 63.11149(a)(3).’’


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§ 63.11151 What definitions apply to this 

subpart? 

Terms used in this subpart are 

defined in the CAA, in 40 CFR 63.2, and 

in this section as follows: 

Anode refining department means the 

area at a primary copper smelter in 

which anode copper refining operations 

are performed. Emissions sources in the 

anode refining department include 

anode refining furnaces and anode shaft 

furnaces. 

Baghouse means a control device that 

collects particulate matter by filtering 

the gas stream through bags. A baghouse 

is also referred to as a ‘‘fabric filter.’’

Bag leak detection system means a 

system that is capable of continuously 

monitoring relative particulate matter 

(dust) loadings in the exhaust of a 

baghouse in order to detect bag leaks 

and other upset conditions. A bag leak 

detection system includes, but is not 

limited to, an instrument that operates 

on triboelectric, light scattering, 

transmittance or other effect to 

continuously monitor relative 

particulate matter loadings. 

Batch copper converter means a 

converter in which molten copper matte 

is charged and then oxidized to form 

blister copper by a process that is 

performed in discrete batches using a 

sequence of charging, blowing, 

skimming, and pouring. 

Capture system means the collection 

of components used to capture gases 

and fumes released from one or more 

emissions points and then convey the 

captured gas stream to a control device. 

A capture system may include, but is 

not limited to, the following 

components as applicable to a given 

capture system design: Duct intake 

devices, hoods, enclosures, ductwork, 

dampers, manifolds, plenums, and fans. 

Charging means the operating mode 

for a batch copper converter during 

which molten or solid material is added 

into the vessel. 

Control device means air pollution 

control equipment used to remove PM 

from a gas stream. 

Converting vessel means a furnace, 

reactor, or other type of vessel in which 

copper matte is oxidized to form blister 

copper. 

Copper concentrate means copper ore 

that has been beneficiated to increase its 

copper content. 

Copper concentrate dryer means a 

vessel in which copper concentrates are 

heated in the presence of air to reduce 

the moisture content of the material. 

Supplemental copper-bearing feed 

materials and fluxes may be added or 

mixed with the copper concentrates fed 

to a copper concentrate dryer. 

Copper concentrate feed means the 

mixture of copper concentrate, 

secondary copper-bearing materials, 

recycled slags and dusts, fluxes, and 

other materials blended together for 

feeding to the smelting vessel. 

Copper matte means a material 

predominately composed of copper and 

iron sulfides produced by smelting 

copper ore concentrates. 

Deviation means any instance in 

which an affected source subject to this 

subpart, or an owner or operator of such 

a source: 

(1) Fails to meet any requirement or 

obligation established by this subpart, 

including but not limited to any 

emissions limitation or work practice 

standard; 

(2) Fails to meet any term or condition 

that is adopted to implement an 

applicable requirement in this subpart 

and that is included in the operating 

permit for any affected source required 

to obtain such a permit; or 

(3) Fails to meet any emissions 

limitation or work practice standard in 

this subpart during startup, shutdown, 

or malfunction, regardless of whether or 

not such failure is permitted by this 

subpart. 

Holding means the operating mode for 

a batch copper converter or a holding 

furnace associated with a smelting 

furnace during which the molten bath is 

maintained in the vessel but no blowing 

or smelting is performed nor is material 

added into or removed from the vessel. 

Matte drying and grinding plant 

means the area at a primary copper 

smelter in which wet granulated matte 

copper is ground in a mill, dried by 

blowing heated air through the mill, and 

then separated from the drying air 

stream using a control device such as a 

baghouse. 

Pouring means the operating mode for 

a batch copper converter during which 

molten copper is removed from the 

vessel. 

Primary copper smelter means any 

installation or any intermediate process 

engaged in the production of copper 

from copper sulfide ore concentrates 

through the use of pyrometallurgical 

techniques. 

Responsible official means 

responsible official as defined at 40 CFR 

70.2. 

Secondary gas system means a 

capture system that collects the gases 

and fumes released when removing and 

transferring molten materials from one 

or more vessels using tapping ports, 

launders, and other openings in the 

vessels. Examples of molten material 

include, but are not limited to: Copper 

matte, slag, and blister copper. 

Skimming means the batch copper 

converter operating mode during which 

molten slag is removed from the vessel. 

Smelting vessel means a furnace, 

reactor, or other type of vessel in which 

copper ore concentrate and fluxes are 

smelted to form a molten mass of 

material containing copper matte and 

slag. Other copper-bearing materials 

may also be charged to the smelting 

vessel. 

Work practice standard means any 

design, equipment, work practice, or 

operational standard, or combination 

thereof. 

§ 63.11152 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 a State, 

local, or tribal agency. If the U.S. EPA 

Administrator has delegated authority to 

a State, local, or tribal agency, then that 

Agency has the authority to implement 

and enforce this subpart. You should 

contact your U.S. EPA Regional Office 

to find out if this subpart is delegated 

to a State, local, or tribal agency within 

your State. 

(b) In delegating implementation and 

enforcement authority of this subpart to 

a State, local, or tribal agency under 40 

CFR part 63, subpart E, the authorities 

contained in paragraph (c) of this 

section are retained by the 

Administrator of the U.S. EPA and are 

not transferred to the State, local, or 

tribal agency. 

(c) The authorities that will not be 

delegated to State, local, or tribal 

agencies are listed in paragraphs (c)(1) 

through (5) of this section. 

(1) Approval of an alternative nonopacity emissions standard under 

§ 63.6(g). 

(2) Approval of an alternative opacity 

emissions standard under § 63.6(h)(9). 

(3) Approval of a major change to a 

test method under § 63.7(e)(2)(ii) and (f). 

A ‘‘major change to test method’’ is 

defined in § 63.90. 

(4) Approval of a major change to 

monitoring under § 63.8(f). A ‘‘major 

change to monitoring’’ is defined in 

§ 63.90. 

(5) Approval of a major change to 

recordkeeping/reporting under 

§ 63.10(f). A ‘‘major change to 

recordkeeping/reporting’’ is defined in 

§ 63.90. 

As required in § 63.11150(a), you 

must comply with the requirements of 

the NESHAP General Provisions (40 

CFR part 63, subpart A) as shown in the 

following table. 


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Federal Register / Vol. 72, No. 14 / Tuesday, January 23, 2007 / Rules and Regulations 2951 

TABLE 1 TO SUBPART EEEEEE OF PART 63.—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART EEEEEE 

Citation Subject Applies to subpart EEEEEE? Explanation 

63.1(a)(1), (a)(2), (a)(3), (a)(4), (a)(6), 

(a)(10)–(a)(12) (b)(1), (b)(3), (c)(1), 

(c)(2), (c)(5), (e).

Applicability ............................................ Yes. 

63.1(a)(5), (a)(7)–(a)(9), (b)(2), (c)(3), 

(c)(4), (d).

Reserved ................................................ No. 

63.2 .......................................................... Definitions .............................................. Yes. 

63.3 .......................................................... Units and Abbreviations ......................... Yes. 

63.4 .......................................................... Prohibited Activities and Circumvention Yes. 

63.5 .......................................................... Preconstruction Review and Notification 

Requirements.

No. 

63.6(a), (b)(1)–(b)(5), (b)(7), (c)(1), 

(c)(2), (c)(5).

Compliance with Standards and Maintenance Requirements—Applicability 

and Compliance Dates.

Yes. 

63.6(e) ..................................................... Operation and Maintenance Requirements.Yes/No .............. Operation and maintenance requirements do not apply to existing 

sources except that the startup, shutdown, and malfunction requirements 

in § 63.6(e)(3) are allowed as an alternative to the rule requirements for 

emergency situations. Operation and 

maintenance requirements apply to 

new sources except that the rule requirements for emergency situations 

are allowed as an alternative to the 

startup, shutdown, and malfunction 

requirements in § 63.6(e)(3). 

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

Standards.

Yes. 

63.6(b)(6), (c)(3), (c)(4), (d), (e)(2), 

(e)(3)(ii), (h)(3), (h)(5)(iv).

Reserved ................................................ No. 

63.6(h)(1)–(h)(4), (h)(5)(i)–(h)(5)(iii), 

(h)(6)–(h)(9).

................................................................ Yes/No .............. Requirements apply to new sources but 

not existing sources. 

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

63.7(b), (c) ............................................... ................................................................ Yes/No .............. Notification of performance tests and 

quality assurance program apply to 

new sources but not existing sources. 

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

63.8(a)(3) ................................................. Reserved ................................................ No. 

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

flares. 

63.8(d), (e) ............................................... ................................................................ Yes/No .............. Requirements for quality control program and performance evaluations 

apply to new sources but not existing 

sources. 

63.9(a), (b)(1), (b)(2), (b)(5), (c), (d), 

(h)(1)–(h)(3), (h)(5), (h)(6), (i), (j).

Notification Requirements ...................... Yes. 

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

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

63.9(e), (g) ............................................... ................................................................ Yes/No .............. Notification requirements for performance test and use of continuous monitoring systems apply to new sources 

but not existing sources. 

63.10(a), (b)(1), (d)(1), (d)(2), (d)(4), 

(d)(5), (f).

Recordkeeping and Reporting Requirements.Yes/No .............. Recordkeeping requirements apply to 

new sources but not existing sources. 

63.10(b)(2), (b)(3), (c)(1) (c)(5)–(c)(8), 

(c)(10)–(c)(15), (e)(1), (e)(2).

................................................................ Yes/No .............. Recordkeeping requirements apply to 

new sources but not existing sources. 

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

63.10(d)(3), (e)(4) .................................... ................................................................ No ..................... Reporting requirements apply to new 

sources but not existing sources. 

63.10(e)(3) ............................................... ................................................................ Yes/No .............. Reporting requirements apply to new 

sources but not existing sources. 

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

flares. 

63.12 ........................................................ State Authorities and Delegations ......... Yes. 

63.13 ........................................................ Addresses .............................................. Yes. 

63.14 ........................................................ Incorporations by Reference .................. Yes. 

63.15 ........................................................ Availability of Information and Confidentiality.Yes. 

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


jlentini on PROD1PC65 with RULES2
2952 Federal Register / Vol. 72, No. 14 / Tuesday, January 23, 2007 / Rules and Regulations 

■ 5. Part 63 is amended by adding 

subpart FFFFFF to read as follows: 

Subpart FFFFFF—National Emission 

Standards for Hazardous Air Pollutants 

for Secondary Copper Smelting Area 

Sources 

Sec. 

Applicability and Compliance Dates 

63.11153 Am I subject to this subpart? 

63.11154 What are my compliance dates? 

Standards and Compliance Requirements 

63.11155 What are the standards and 

compliance requirements for new 

sources? 

63.11156 [Reserved] 

Other Requirements and Information 

63.11157 What General Provisions apply to 

this subpart? 

63.11158 What definitions apply to this 

subpart? 

63.11159 Who implements and enforces 

this subpart? 

Table 1 to Subpart FFFFFF of Part 63—

Applicability of General Provisions to 

Subpart FFFFFF 

Applicability and Compliance Dates 

§ 63.11153 Am I subject to this subpart? 

(a) You are subject to this subpart if 

you own or operate a new secondary 

copper smelter that is an area source of 

hazardous air pollutant (HAP) 

emissions. 

(b) This subpart applies to each new 

affected source. The affected source is 

each secondary copper smelter. Your 

secondary copper smelter is a new 

affected source if you commenced 

construction or reconstruction of the 

affected source before October 6, 2006. 

(c) This subpart does not apply to 

research and development facilities, as 

defined in section 112(c)(7) of the CAA. 

(d) If you own or operate an area 

source subject to this subpart, you must 

obtain a permit under 40 CFR part 70 or 

40 CFR part 71. 

§ 63.11154 What are my compliance 

dates? 

(a) If you startup a new affected 

source on or before January 23, 2007, 

you must achieve compliance with the 

applicable provisions of this subpart not 

later than January 23, 2007. 

(b) If you startup a new affected 

source after January 23, 2007, you must 

achieve compliance with the applicable 

provisions of this subpart upon startup 

of your affected source. 

Standards and Compliance 

Requirements 

§ 63.11155 What are the standards and 

compliance requirements for new sources? 

(a) You must not discharge to the 

atmosphere any gases which contain 

particulate matter (PM) in excess of 

0.002 grains per dry standard cubic foot 

(gr/dscf) from the exhaust vent of any 

capture system for a smelting furnace, 

melting furnace, or other vessel that 

contains molten material and any 

capture system for the transfer of molten 

material. 

(b) For each smelting furnace, melting 

furnace, or other vessel that contains 

molten material, you must install and 

operate a capture system that collects 

the gases and fumes from the vessel and 

from the transfer of molten material and 

convey the collected gas stream to a 

control device. 

(c) You must prepare and operate at 

all times according to a written plan for 

the selection, inspection, and 

pretreatment of copper scrap to 

minimize, to the extent practicable, the 

amount of oil and plastics in the scrap 

that is charged to the smelting furnace. 

Your plan must include a training 

program for scrap inspectors. You must 

keep records to demonstrate continuous 

compliance with the requirements of 

your plan. You must keep a current 

copy of your pollution prevention plan 

onsite and available for inspection. 

(d) You must install, operate, and 

maintain a bag leak detection system on 

all baghouses used to comply with the 

PM emissions limit in paragraph (a) of 

this section according to paragraph 

(d)(1) of this section, prepare and 

operate by a site-specific monitoring 

plan according to paragraph (d)(2) of 

this section, take corrective action 

according to paragraph (d)(3) of this 

section, and record information 

according to paragraph (d)(4) of this 

section. 

(1) Each bag leak detection system 

must meet the specifications and 

requirements in paragraphs (d)(1)(i) 

through (viii) of this section. 

(i) The bag leak detection system must 

be certified by the manufacturer to be 

capable of detecting PM emissions at 

concentrations of 1 milligram per actual 

cubic meter (0.00044 grains per actual 

cubic foot) or less. 

(ii) The bag leak detection system 

sensor must provide output of relative 

PM loadings. The owner or operator 

must continuously record the output 

from the bag leak detection system using 

electronic or other means (e.g., using a 

strip chart recorder or a data logger.) 

(iii) The bag leak detection system 

must be equipped with an alarm system 

that will sound when the system detects 

an increase in relative particulate 

loading over the alarm set point 

established according to paragraph 

(d)(1)(iv) of this section, and the alarm 

must be located such that it can be 

heard by the appropriate plant 

personnel. 

(iv) In the initial adjustment of the bag 

leak detection system, you must 

establish, at a minimum, the baseline 

output by adjusting the sensitivity 

(range) and the averaging period of the 

device, the alarm set points, and the 

alarm delay time. 

(v) Following initial adjustment, you 

must not adjust the averaging period, 

alarm set point, or alarm delay time 

without approval from the 

Administrator or delegated authority 

except as provided in paragraph 

(d)(1)(vi) of this section. 

(vi) Once per quarter, you may adjust 

the sensitivity of the bag leak detection 

system to account for seasonal effects, 

including temperature and humidity, 

according to the procedures identified 

in the site-specific monitoring plan 

required by paragraph (d)(2) of this 

section. 

(vii) You must install the bag leak 

detection sensor downstream of the 

baghouse and upstream of any wet 

scrubber. 

(viii) Where multiple detectors are 

required, the system’s instrumentation 

and alarm may be shared among 

detectors. 

(2) You must develop and submit to 

the Administrator or delegated authority 

for approval a site-specific monitoring 

plan for each bag leak detection system. 

You must operate and maintain the bag 

leak detection system according to the 

site-specific monitoring plan at all 

times. Each monitoring plan must 

describe the items in paragraphs (d)(2)(i) 

through (vi) of this section. 

(i) Installation of the bag leak 

detection system; 

(ii) Initial and periodic adjustment of 

the bag leak detection system, including 

how the alarm set-point will be 

established; 

(iii) Operation of the bag leak 

detection system, including quality 

assurance procedures; 

(iv) How the bag leak detection 

system will be maintained, including a 

routine maintenance schedule and spare 

parts inventory list; 

(v) How the bag leak detection system 

output will be recorded and stored; and 

(vi) Corrective action procedures as 

specified in paragraph (d)(3) of this 

section. In approving the site-specific 

monitoring plan, the Administrator or 

delegated authority may allow owners 

and operators more than 3 hours to 

alleviate a specific condition that causes 

an alarm if the owner or operator 

identifies in the monitoring plan this 

specific condition as one that could lead 

to an alarm, adequately explains why it 

is not feasible to alleviate this specific 


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Federal Register / Vol. 72, No. 14 / Tuesday, January 23, 2007 / Rules and Regulations 2953 

condition within 3 hours of the time the 

alarm occurs, and demonstrates that the 

requested time will ensure alleviation of 

this condition as expeditiously as 

practicable. 

(3) For each bag leak detection 

system, you must initiate procedures to 

determine the cause of every alarm 

within 1 hour of the alarm. Except as 

provided in paragraph (d)(2)(vi) of this 

section, you must alleviate the cause of 

the alarm within 3 hours of the alarm by 

taking whatever corrective action(s) are 

necessary. Corrective actions may 

include, but are not limited to the 

following: 

(i) Inspecting the baghouse for air 

leaks, torn or broken bags or filter 

media, or any other condition that may 

cause an increase in particulate 

emissions; 

(ii) Sealing off defective bags or filter 

media; 

(iii) Replacing defective bags or filter 

media or otherwise repairing the control 

device; 

(iv) Sealing off a defective baghouse 

compartment; 

(v) Cleaning the bag leak detection 

system probe or otherwise repairing the 

bag leak detection system; or 

(vi) Shutting down the process 

producing the particulate emissions. 

(4) You must maintain records of the 

information specified in paragraphs 

(d)(4)(i) through (iii) of this section for 

each bag leak detection system. 

(i) Records of the bag leak detection 

system output; 

(ii) Records of bag leak detection 

system adjustments, including the date 

and time of the adjustment, the initial 

bag leak detection system settings, and 

the final bag leak detection system 

settings; and 

(iii) The date and time of all bag leak 

detection system alarms, the time that 

procedures to determine the cause of an 

alarm were initiated, whether 

procedures were initiated within 1 hour 

of the alarm, the cause of the alarm, an 

explanation of the actions taken, the 

date and time the cause of the alarm was 

alleviated, and whether the alarm was 

alleviated within 3 hours of the alarm. 

(e) You must conduct a performance 

test to demonstrate initial compliance 

with the PM emissions limit within 180 

days after startup and report the results 

in your notification of compliance 

status. You must conduct each PM test 

according to § 63.7(e)(1) using the test 

methods and procedures in paragraphs 

(e)(1) through (5) of this section. 

(1) Method 1 or 1A (40 CFR part 60, 

appendix A) to select sampling port 

locations and the number of traverse 

points in each stack or duct. Sampling 

sites must be located at the outlet of the 

control device (or at the outlet of the 

emissions source if no control device is 

present) prior to any releases to the 

atmosphere. 

(2) Method 2, 2A, 2C, 2D, 2F, or 2G 

(40 CFR part 60, appendix A) to 

determine the volumetric flow rate of 

the stack gas. 

(3) Method 3, 3A, or 3B (40 CFR part 

60, appendix A) to determine the dry 

molecular weight of the stack gas. You 

may use ANSI/ASME PTC 19.10–1981, 

‘‘Flue and Exhaust Gas Analyses 

(incorporated by reference—see § 63.14) 

as an alternative to EPA Method 3B. 

(4) Method 4 (40 CFR part 60, 

appendix A) to determine the moisture 

content of the stack gas. 

(5) Method 5 (40 CFR part 60, 

appendix A) to determine the PM 

concentration for negative pressure 

baghouses and Method 5D (40 CFR part 

60, appendix A) for positive pressure 

baghouses. The sampling time and 

volume for each run must be at least 60 

minutes and 0.85 dry standard cubic 

meters (30 dry standard cubic feet). A 

minimum of three valid test runs are 

needed to comprise a PM performance 

test. 

(f) You must conduct subsequent 

performance tests to demonstrate 

compliance with the PM emissions limit 

at least once every 5 years. 

(g) If you use a control device other 

than a baghouse, you must prepare and 

submit a monitoring plan to the 

Administrator for approval. Each plan 

must contain the information in 

paragraphs (g)(1) through (5) of this 

section. 

(1) A description of the device; 

(2) Test results collected in 

accordance with paragraph (e) of this 

section verifying the performance of the 

device for reducing PM to the levels 

required by this subpart; 

(3) Operation and maintenance plan 

for the control device (including a 

preventative maintenance schedule 

consistent with the manufacturer’s 

instructions for routine and long-term 

maintenance) and continuous 

monitoring system. 

(4) A list of operating parameters that 

will be monitored to maintain 

continuous compliance with the 

applicable emission limits; and 

(5) Operating parameter limits based 

on monitoring data collected during the 

performance test. 

§ 63.11156 [Reserved] 

Other Requirements and Information 

§ 63.11157 What General Provisions apply 

to this subpart? 

(a) If you own or operate a new 

affected source, you must comply with 

the requirements of the General 

Provisions in 40 CFR part 63, subpart A 

as specified in Table 1 to this subpart. 

(b) Your notification of compliance 

status required by § 63.9(h) must 

include the following: 

(1) The results of the initial 

performance tests and monitoring data 

collected during the test. 

(2) This certification of compliance, 

signed by a responsible official, for the 

work practice standard in § 63.1155(b): 

‘‘This facility complies with the 

requirement for a capture system for 

each smelting furnace, melting furnace, 

or other vessel that contains molten 

material in accordance with 

§ 63.11155(b).’’

(3) This certification of compliance, 

signed by a responsible official, for the 

work practice standard in § 63.11155(c): 

‘‘This facility complies with the 

requirement for a written plan for the 

selection, inspection, and pretreatment 

of copper scrap in accordance with 

§ 63.11155(c).’’

(4) This certification of compliance, 

signed by a responsible official, for the 

work practice standard in 

§ 63.11155(d)(2): ‘‘This facility has an 

approved monitoring plan in 

accordance with § 63.11155(d)(2).’’

(5) This certification of compliance, 

signed by a responsible official, for the 

work practice standard in § 63.11157(g): 

‘‘This facility has an approved 

monitoring plan in accordance with 

§ 63.11157(g).’’

§ 63.11158 What definitions apply to this 

subpart? 

Terms used in this subpart are 

defined in the CAA, in 40 CFR 63.2, and 

in this section as follows: 

Anode copper means copper that is 

cast into anodes and refined in an 

electrolytic process to produce high 

purity copper. 

Capture system means the collection 

of components used to capture gases 

and fumes released from one or more 

emissions points and then convey the 

captured gas stream to a control device. 

A capture system may include, but is 

not limited to, the following 

components as applicable to a given 

capture system design: duct intake 

devices, hoods, enclosures, ductwork, 

dampers, manifolds, plenums, and fans. 

Melting furnace means any furnace, 

reactor, or other type of vessel that heats 

solid materials and produces a molten 

mass of material. 

Secondary copper smelter means a 

facility that processes copper scrap in a 

blast furnace and converter or that uses 

another pyrometallurgical purification 

process to produce anode copper from 

copper scrap, including low-grade 


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2954 Federal Register / Vol. 72, No. 14 / Tuesday, January 23, 2007 / Rules and Regulations 

copper scrap. A facility where recycled 

copper scrap or copper alloy scrap is 

melted to produce ingots or for direct 

use in a manufacturing process is not a 

secondary copper smelter. 

Smelting furnace means any furnace, 

reactor, or other type of vessel in which 

copper scrap and fluxes are melted to 

form a molten mass of material 

containing copper and slag. 

Work practice standard means any 

design, equipment, work practice, or 

operational standard, or combination 

thereof. 

§ 63.11159 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 a State, 

local, or tribal agency. If the U.S. EPA 

Administrator has delegated authority to 

a State, local, or tribal agency, then that 

Agency has the authority to implement 

and enforce this subpart. You should 

contact your U.S. EPA Regional Office 

to find out if this subpart is delegated 

to a State, local, or tribal agency. 

(b) In delegating implementation and 

enforcement authority of this subpart to 

a State, local, or tribal agency under 40 

CFR part 63, subpart E, the authorities 

contained in paragraph (c) of this 

section are retained by the 

Administrator of the U.S. EPA and are 

not transferred to the State, local, or 

tribal agency. 

(c) The authorities that will not be 

delegated to State, local, or tribal 

agencies are listed in paragraphs (c)(1) 

through (4) of this section. 

(1) Approval of an alternative nonopacity emissions standard under 

§ 63.6(g). 

(2) Approval of a major change to test 

methods under § 63.7(e)(2)(ii) and (f). A 

‘‘major change to test method’’ is 

defined in § 63.90. 

(3) Approval of a major change to 

monitoring under § 63.8(f). A ‘‘major 

change to monitoring’’ is defined in 

§ 63.90. 

(4) Approval of a major change to 

recordkeeping/ reporting under 

§ 63.10(f). A ‘‘major change to 

recordkeeping/reporting’’ is defined in 

§ 63.90. 

As required in § 63.11157(a), you 

must comply with the requirements of 

the General Provisions (40 CFR part 63, 

subpart A) as shown in the following 

table. 

TABLE 1 TO SUBPART FFFFFF OF PART 63.—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART FFFFFF 

Citation Subject Applies to subpart FFFFFF? Explanation 

63.1(a)(1), (a)(2), (a)(3), (a)(4), (a)(6), 

(a)(10)–(a)(12), (b)(1), (b)(3), (c)(1), 

(c)(2), (c)(5), (e).

Applicability ............................................ Yes. 

63.1(a)(5), (a)(7)–(a)(9), (b)(2), (c)(3), 

(c)(4), (d).

Reserved ................................................ No. 

63.2 .......................................................... Definitions .............................................. Yes. 

63.3 .......................................................... Units and Abbreviations ......................... Yes. 

63.4 .......................................................... Prohibited Activities and Circumvention Yes. 

63.5 .......................................................... Preconstruction Review and Notification 

Requirements.

No. 

63.6(a), (b)(1)–(b)(5), (b)(7), (c)(1), 

(c)(2), (c)(5), (e)(3)(i), (e)(3)(iii)–

(e)(3)(ix), (f), (g), (i), (j).

Compliance with Standards and Maintenance Requirements.Yes. 

63.6(b)(6), (c)(3), (c)(4), (d), (e)(2), 

(e)(3)(ii), (h)(3), (h)(5)(iv).

Reserved ................................................ No. 

63.6(h)(1)–(h)(4), (h)(5)(i)–(h)(5)(iii), 

(h)(6)–(h)(9).

................................................................ No ..................... Subpart FFFFFF does not include opacity or visible emissions standards. 

63.7 .......................................................... Performance Testing Requirements ...... Yes. 

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

63.8(a)(3) ................................................. Reserved ................................................ No. 

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

continuous monitoring system. 

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

flares. 

63.9(a), (b)(1), (b)(2), (b)(5), (c), (d), (e), 

(f), (g), (h)(1)–(h)(3), (h)(5), (h)(6), (i), 

(j).

Notification Requirements ...................... Yes. 

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

63.9(b)(4) ................................................. ................................................................ No. 

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

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

continuous monitoring system. 

63.10(a), (b)(2)(i)–(b)(2)(v), (b)(2)(xiv), 

(d)(1), (d)(2), (d)(4), (d)(5), (e)(1), 

(e)(2), (f).

Recordkeeping and Reporting Requirements.Yes. 

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

63.10(b)(2)(vi)–(b)(2)(xiii), (c)(1), (c)(5)–

(c)(14), (e)(1)–(e)(2), (e)(4).

................................................................ ........................... Subpart FFFFFF does not require a 

continuous monitoring system. 

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

63.10(e)(3) ............................................... ................................................................ Yes. 

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

flares. 

63.12 ........................................................ State Authorities and Delegations ......... Yes. 

63.13 ........................................................ Addresses .............................................. Yes. 

63.14 ........................................................ Incorporations by Reference .................. Yes.


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Federal Register / Vol. 72, No. 14 / Tuesday, January 23, 2007 / Rules and Regulations 2955 

TABLE 1 TO SUBPART FFFFFF OF PART 63.—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART FFFFFF—

Continued 

Citation Subject Applies to subpart FFFFFF? Explanation 

63.15 ........................................................ Availability of Information and Confidentiality.Yes.

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

■ 6. Part 63 is amended by adding 

subpart GGGGGG to read as follows: 

Subpart GGGGGG—National Emission 

Standards for Hazardous Air Pollutants 

for Primary Nonferrous Metals Area 

Sources—Zinc, Cadmium, and 

Beryllium 

Sec. 

Applicability and Compliance Dates 

63.11160 Am I subject to this subpart? 

63.11161 What are my compliance dates? 

Primary Zinc Production Facilities 

63.11162 What are the standards and 

compliance requirements for existing 

sources? 

63.11163 What are the standards and 

compliance requirements for new 

sources? 

63.11164 What General Provisions apply to 

primary zinc production facilities? 

Primary Beryllium Production Facilities 

63.11165 What are the standards and 

compliance requirements for new and 

existing sources? 

63.11166 What General Provisions apply to 

primary beryllium production facilities? 

Other Requirements and Information 

63.11167 What definitions apply to this 

subpart? 

63.11168 Who implements and enforces 

this subpart? 

Table 1 to Subpart GGGGGG of Part 63—

Applicability of General Provisions to 

Primary Zinc Production Area Sources 

Applicability and Compliance Dates 

§ 63.11160 Am I subject to this subpart? 

(a) You are subject to this subpart if 

you own or operate a primary zinc 

production facility or primary beryllium 

production facility that is an area source 

of hazardous air pollutant (HAP) 

emissions. 

(b) The affected source is each 

existing or new primary zinc production 

facility or primary beryllium production 

facility. 

(1) An affected source is existing if 

you commenced construction or 

reconstruction of the affected source 

before October 6, 2006. 

(2) An affected source is new if you 

commenced construction or 

reconstruction of the affected source on 

or after October 6, 2006. 

(c) If you own or operate a new or 

existing affected source, you must 

obtain a permit under 40 CFR part 70 or 

71. 

§ 63.11161 What are my compliance 

dates? 

(a) If you have an existing affected 

source, you must achieve compliance 

with applicable provisions in this 

subpart by January 23, 2007. If you 

startup a new sintering machine at an 

existing affected source after January 23, 

2007, you must achieve compliance 

with the applicable provisions in this 

subpart not later than 180 days after 

startup. 

(b) If you have a new affected source, 

you must achieve compliance with 

applicable provisions in this subpart 

according to the dates in paragraphs 

(b)(1) and (2) of this section. 

(1) If you startup a new affected 

source on or before January 23, 2007, 

you must achieve compliance with 

applicable provisions in this subpart not 

later than January 23, 2007. 

(2) If you startup a new affected 

source after January 23, 2007, you must 

achieve compliance with applicable 

provisions in this subpart upon initial 

startup. 

Primary Zinc Production Facilities 

§ 63.11162 What are the standards and 

compliance requirements for existing 

sources? 

(a) You must exhaust the off-gases 

from each roaster to a particulate matter 

(PM) control device and to a sulfuric 

acid plant, including during the 

charging of the roaster. 

(b) Except as provided in paragraph 

(b)(6) of this section, you must not 

discharge to the atmosphere any gases 

which contain PM in excess of the 

emissions limits in paragraphs (b)(1) 

through (5) of this section. 

(1) 0.93 pound per hour (lb/hr) from 

the exhaust vent of a zinc cathode 

melting furnace. 

(2) 0.1 lb/hr from the exhaust vent of 

a furnace that melts zinc dust, zinc 

chips, and/or other materials containing 

zinc. 

(3) 0.228 lb/hr from the vent for the 

combined exhaust from a furnace 

melting zinc scrap and an alloy furnace. 

(4) 0.014 grains per dry standard 

cubic foot (gr/dscf) from the exhaust 

vent of an anode casting furnace. 

(5) 0.015 gr/dscf from the exhaust 

vent of a cadmium melting furnace. 

(6) You may elect to meet an 

emissions limit of 0.005 gr/dscf as an 

alternative to the emissions limits in lb/ 

hr in paragraphs (b)(1) through (3) of 

this section. 

(c) You must establish an operating 

range for pressure drop for each 

baghouse applied to a furnace subject to 

an emissions limit in paragraph (b) of 

this section based on the minimum and 

maximum values recorded during a 

performance test that demonstrates 

compliance with the applicable PM 

emissions limit. Alternatively, you may 

use an operating range that has been 

previously established and approved by 

your permitting authority within the 

past 5 years. You must monitor the 

pressure drop daily, maintain the 

pressure drop for each baghouse within 

the established operating range, and 

record the pressure drop measurement 

in a daily log. You must perform routine 

maintenance on each baghouse and 

record maintenance activities in a 

baghouse maintenance log. Baghouse 

maintenance logs must include, but are 

not limited to, inspections, criteria for 

changing bag filters, and dates on which 

the bag filters are replaced. Both logs 

must be maintained in a suitable 

permanent form and kept available for 

inspection. 

(d) If you own or operate a sintering 

machine at your facility, you must 

comply with the PM emissions limit in 

40 CFR 60.172(a) and the opacity 

emissions limit in 40 CFR 60.174(a) for 

that sintering machine. 

(e) If you own or operate a sintering 

machine at your facility, you must 

install and operate a continuous opacity 

monitoring system (COMS) for each 

sintering machine according to the 

requirements in 40 CFR 60.175(a). Each 

COMS must meet Performance 

Specification 1 (40 CFR part 60, 

appendix B). 

(f) For each furnace at your facility 

subject to an emissions limit in 

paragraph (b) of this section, you must 

demonstrate initial compliance with the 

applicable PM emissions limit in 


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paragraph (b) of this section based on 

the results of a performance test for that 

furnace. If you own or operate a 

sintering machine, you must also 

demonstrate initial compliance with the 

PM and opacity emissions limits in 

paragraph (d) of this section based on 

the results of a performance test for that 

sintering machine. 

(1) You may certify initial compliance 

for a furnace (and sintering machine, if 

applicable) based on the results of a 

previous performance test conducted 

during the past 5 years. 

(2) If you have not conducted a 

performance test to demonstrate 

compliance with the applicable 

emissions limits during the past 5 years, 

you must conduct a performance test 

within 180 days of your compliance 

date and report the results in your 

notification of compliance status. If a 

furnace subject to an emissions limit in 

paragraph (b) of this section is not 

operating on the compliance date and 

subsequently resumes operation, you 

must conduct a performance test within 

180 days of startup and report the 

results in your notification of 

compliance status. 

(3) You must conduct each PM test for 

a furnace according to § 63.7(e)(1) using 

the test methods and procedures in 

paragraphs (f)(3)(i) through (v) of this 

section. 

(i) Method 1 or 1A (40 CFR part 60, 

appendix A) to select sampling port 

locations and the number of traverse 

points in each stack or duct. Sampling 

sites must be located at the outlet of the 

control device (or at the outlet of the 

emissions source if no control device is 

present) prior to any releases to the 

atmosphere. 

(ii) Method 2, 2A, 2C, 2D, 2F, or 2G 

(40 CFR part 60, appendix A) to 

determine the volumetric flow rate of 

the stack gas. 

(iii) Method 3, 3A, or 3B (40 CFR part 

60, appendix A) to determine the dry 

molecular weight of the stack gas. You 

may use ANSI/ASME PTC 19.10–1981, 

‘‘Flue and Exhaust Gas Analyses 

(incorporated by reference—see § 63.14) 

as an alternative to EPA Method 3B. 

(iv) Method 4 (40 CFR part 60, 

appendix A) to determine the moisture 

content of the stack gas. 

(v) Method 5 (40 CFR part 60, 

appendix A) to determine the PM 

concentration for a negative pressure 

baghouse, Method 5D (40 CFR part 60, 

appendix A) for a positive pressure 

baghouse, or an alternative method 

previously approved by your permitting 

authority. A minimum of three valid test 

runs are needed to comprise a PM 

performance test. 

(4) You must conduct each PM test for 

a sintering machine according to 

§ 63.7(e)(1) and 40 CFR 60.176(b)(1) 

using the test methods in paragraph 

(f)(3) of this section. You must 

determine the PM concentration using 

EPA Method 5 (40 CFR part 60, 

appendix A). You may use ANSI/ASME 

PTC 19.10–1981, ‘‘Flue and Exhaust Gas 

Analyses’’ (incorporated by reference—

see § 63.14) as an alternative to EPA 

Method 3B. 

(5) You must conduct each opacity 

test for a sintering machine according to 

the requirements in § 63.6(h)(7). You 

must determine the opacity of emissions 

using EPA Method 9 (40 CFR part 60, 

appendix A). 

(g) For each furnace subject to an 

emissions limit in paragraph (b) of this 

section, you must conduct subsequent 

performance tests according to the 

requirements in paragraph (f)(3) of this 

section to demonstrate compliance with 

the applicable PM emissions limit for 

the furnace every 5 years. 

(h) You must submit a notification to 

your permitting authority of any 

deviation from the requirements of this 

subpart within 30 days after the 

deviation. The notification must 

describe the probable cause of the 

deviation and any corrective actions or 

preventative measures taken. 

(i) You must submit semiannual 

monitoring reports to your permitting 

authority containing the results for all 

monitoring required by this subpart. All 

deviations that occur during the 

reporting period must be clearly 

identified. 

(j) You must keep records of all 

required monitoring data and support 

information. Support information 

includes all calibration and 

maintenance records and all original 

strip chart recordings for continuous 

monitoring instrumentation and copies 

of all reports required by this subpart. 

(k) You must comply with the 

operation and maintenance 

requirements specified in paragraphs 

(k)(1) and (2) of this section and the 

requirements for emergency situations 

specified in paragraph (k)(3) or (4) of 

this section. 

(1) You must maintain all equipment 

covered under this subpart in such a 

manner that the performance or 

operation of such equipment does not 

cause a deviation from the applicable 

requirements. 

(2) You must keep a maintenance 

record for each item of air pollution 

control equipment. At a minimum, this 

record must show the dates of 

performing maintenance and the nature 

of preventative maintenance activities. 

(3) Except as specified in paragraph 

(k)(4) of this section, in the event of an 

emergency situation you must comply 

with the requirements in paragraphs 

(k)(3)(i) through (iii) of this section. For 

the purpose of complying with this 

paragraph, an emergency situation is 

any situation arising from sudden and 

reasonably unforeseeable events beyond 

the control of the facility owner or 

operator that require immediate 

corrective action to restore normal 

operation, and that cause the affected 

source to exceed applicable emission 

limitation under this subpart, due to 

unavoidable increases in emissions 

attributable to the emergency. An 

emergency must not include 

noncompliance to the extent it is caused 

by improperly designed equipment, lack 

of preventive maintenance, careless or 

improper operation, or operator error. 

(i) During the period of the emergency 

you must implement all reasonable 

steps to minimize levels of emissions 

that exceeded the emission standards or 

other applicable requirements in this 

subpart. 

(ii) You must document through 

signed contemporaneous logs or other 

relevant evidence that an emergency 

occurred and you can identify the 

probable cause, your facility was being 

operated properly at the time the 

emergency occurred, and the corrective 

actions taken to minimize emissions as 

required by paragraph (k)(3)(i) of this 

section. 

(iii) You must submit a notice of the 

emergency to the permitting authority 

within two working days of the time 

when emission limitations were 

exceeded due to the emergency (or an 

alternative timeframe acceptable to the 

permitting authority). This notice must 

contain a description of the emergency, 

any steps taken to mitigate emissions, 

and corrective actions taken. 

(4) As an alternative to the 

requirements in paragraph (k)(3) of this 

section, you must comply with the 

startup, shutdown, and malfunction 

requirements in 40 CFR 63.6(e)(3). 

§ 63.11163 What are the standards and 

compliance requirements for new sources? 

(a) You must exhaust the off-gases 

from each roaster to a PM control device 

and to a sulfuric acid plant, including 

the charging of the roaster. 

(b) You must not discharge to the 

atmosphere any gases which contain PM 

in excess of the emissions limits in 

paragraphs (b)(1) through (3) of this 

section. 

(1) 0.005 gr/dscf from the exhaust 

vent of a zinc cathode melting furnace; 

scrap zinc melting furnace; furnace 

melting zinc dust, zinc chips, and other 


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materials containing zinc; and alloy 

melting furnace. 

(2) 0.014 gr/dscf from the exhaust 

vent of an anode casting furnace. 

(3) 0.015 gr/dscf from the exhaust 

vent of a cadmium melting furnace. 

(c) For each melting furnace, you 

must install and operate a capture 

system that collects gases and fumes 

from the melting furnace and from the 

transfer of molten materials and conveys 

the collected gases to a control device. 

(d) You must install, operate, and 

maintain a bag leak detection system on 

all baghouses used to comply with the 

PM emissions limit in paragraph (b) of 

this section according to paragraph 

(d)(1) of this section, prepare and 

operate by a site-specific monitoring 

plan according to paragraph (d)(2) of 

this section, take corrective action 

according to paragraph (d)(3) of this 

section, and record information 

according to paragraph (d)(4) of this 

section. 

(1) Each bag leak detection system 

must meet the specifications and 

requirements in paragraphs (d)(1)(i) 

through (viii) of this section. 

(i) The bag leak detection system must 

be certified by the manufacturer to be 

capable of detecting PM emissions at 

concentrations of 1 milligram per actual 

cubic meter (0.00044 grains per actual 

cubic foot) or less. 

(ii) The bag leak detection system 

sensor must provide output of relative 

PM loadings. The owner or operator 

must continuously record the output 

from the bag leak detection system using 

electronic or other means (e.g., using a 

strip chart recorder or a data logger.) 

(iii) The bag leak detection system 

must be equipped with an alarm system 

that will sound when the system detects 

an increase in relative particulate 

loading over the alarm set point 

established according to paragraph 

(d)(1)(iv) of this section, and the alarm 

must be located such that it can be 

heard by the appropriate plant 

personnel. 

(iv) In the initial adjustment of the bag 

leak detection system, you must 

establish, at a minimum, the baseline 

output by adjusting the sensitivity 

(range) and the averaging period of the 

device, the alarm set points, and the 

alarm delay time. 

(v) Following initial adjustment, you 

must not adjust the averaging period, 

alarm set point, or alarm delay time 

without approval from the 

Administrator or delegated authority 

except as provided in paragraph 

(d)(1)(vi) of this section. 

(vi) Once per quarter, you may adjust 

the sensitivity of the bag leak detection 

system to account for seasonal effects, 

including temperature and humidity, 

according to the procedures identified 

in the site-specific monitoring plan 

required by paragraph (d)(2) of this 

section. 

(vii) You must install the bag leak 

detection sensor downstream of the 

baghouse and upstream of any wet 

scrubber. 

(viii) Where multiple detectors are 

required, the system’s instrumentation 

and alarm may be shared among 

detectors. 

(2) You must develop and submit to 

the Administrator or delegated authority 

for approval a site-specific monitoring 

plan for each bag leak detection system. 

You must operate and maintain the bag 

leak detection system according to the 

site-specific monitoring plan at all 

times. Each monitoring plan must 

describe the items in paragraphs (d)(2)(i) 

through (vi) of this section. 

(i) Installation of the bag leak 

detection system; 

(ii) Initial and periodic adjustment of 

the bag leak detection system, including 

how the alarm set-point will be 

established; 

(iii) Operation of the bag leak 

detection system, including quality 

assurance procedures; 

(iv) How the bag leak detection 

system will be maintained, including a 

routine maintenance schedule and spare 

parts inventory list; 

(v) How the bag leak detection system 

output will be recorded and stored; and 

(vi) Corrective action procedures as 

specified in paragraph (d)(3) of this 

section. In approving the site-specific 

monitoring plan, the Administrator or 

delegated authority may allow owners 

and operators more than 3 hours to 

alleviate a specific condition that causes 

an alarm if the owner or operator 

identifies in the monitoring plan this 

specific condition as one that could lead 

to an alarm, adequately explains why it 

is not feasible to alleviate this condition 

within 3 hours of the time the alarm 

occurs, and demonstrates that the 

requested time will ensure alleviation of 

this condition as expeditiously as 

practicable. 

(3) For each bag leak detection 

system, you must initiate procedures to 

determine the cause of every alarm 

within 1 hour of the alarm. Except as 

provided in paragraph (d)(2)(vi) of this 

section, you must alleviate the cause of 

the alarm within 3 hours of the alarm by 

taking whatever corrective action(s) are 

necessary. Corrective actions may 

include, but are not limited to the 

following: 

(i) Inspecting the baghouse for air 

leaks, torn or broken bags or filter 

media, or any other condition that may 

cause an increase in particulate 

emissions; 

(ii) Sealing off defective bags or filter 

media; 

(iii) Replacing defective bags or filter 

media or otherwise repairing the control 

device; 

(iv) Sealing off a defective baghouse 

compartment; 

(v) Cleaning the bag leak detection 

system probe or otherwise repairing the 

bag leak detection system; or 

(vi) Shutting down the process 

producing the particulate emissions. 

(4) You must maintain records of the 

information specified in paragraphs 

(d)(4)(i) through (iii) of this section for 

each bag leak detection system. 

(i) Records of the bag leak detection 

system output; 

(ii) Records of bag leak detection 

system adjustments, including the date 

and time of the adjustment, the initial 

bag leak detection system settings, and 

the final bag leak detection system 

settings; and 

(iii) The date and time of all bag leak 

detection system alarms, the time that 

procedures to determine the cause of the 

alarm were initiated, if procedures were 

initiated within 1 hour of the alarm, the 

cause of the alarm, an explanation of the 

actions taken, the date and time the 

cause of the alarm was alleviated, and 

if the alarm was alleviated within 3 

hours of the alarm. 

(e) If there is a sintering machine at 

your primary zinc production facility, 

you must comply with the PM 

emissions limit in 40 CFR 60.172(a) and 

the opacity emissions limit in 40 CFR 

60.174(a) for that sintering machine. 

(f) If there is a sintering machine at 

your primary zinc production facility, 

you must install and operate a COMS 

for each sintering machine according to 

the requirements in 40 CFR 60.175(a). 

Each COMS must meet EPA 

Performance Specification 1 (40 CFR 

part 60, appendix B). 

(g) For each furnace (and sintering 

machine, if applicable) at your facility, 

you must conduct a performance test to 

demonstrate initial compliance with 

each applicable PM emissions limit for 

that furnace (and the PM and opacity 

limits for a sintering machine, if 

applicable) within 180 days after startup 

and report the results in your 

notification of compliance status. 

(1) You must conduct each PM test for 

a furnace according to § 63.7(e)(1) using 

the test methods and procedures in 

paragraphs (g)(1)(i) through (v) of this 

section. 

(i) Method 1 or 1A (40 CFR part 60, 

appendix A) to select sampling port 

locations and the number of traverse 

points in each stack or duct. Sampling 


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sites must be located at the outlet of the 

control device (or at the outlet of the 

emissions source if no control device is 

present) prior to any releases to the 

atmosphere. 

(ii) Method 2, 2A, 2C, 2D, 2F, or 2G 

(40 CFR part 60, appendix A) to 

determine the volumetric flow rate of 

the stack gas. 

(iii) Method 3, 3A, or 3B (40 CFR part 

60, appendix A) to determine the dry 

molecular weight of the stack gas. You 

may use ANSI/ASME PTC 19.10–1981, 

‘‘Flue and Exhaust Gas Analyses’’

(incorporated by reference—see § 63.14) 

as an alternative to EPA Method 3B. 

(iv) Method 4 (40 CFR part 60, 

appendix A) to determine the moisture 

content of the stack gas. 

(v) Method 5 (40 CFR part 60, 

appendix A) to determine the PM 

concentration for negative pressure 

baghouses or Method 5D (40 CFR part 

60, appendix A) for positive pressure 

baghouses. A minimum of three valid 

test runs are needed to comprise a PM 

performance test. 

(2) You must conduct each PM test for 

a sintering machine according to 

§ 63.7(e)(1) and 40 CFR 60.176(b)(1) 

using the test methods in paragraph 

(g)(1) of this section. You must 

determine the PM concentration using 

EPA Method 5 (40 CFR part 60, 

appendix A). You may use ANSI/ASME 

PTC 19.10–1981, ‘‘Flue and Exhaust Gas 

Analyses’’ (incorporated by reference—

see § 63.14) as an alternative to EPA 

Method 3B. 

(3) You must conduct each opacity 

test for a sintering machine according to 

the requirements in § 63.6(h)(7). You 

must determine the opacity of emissions 

using EPA Method 9 (40 CFR part 60, 

appendix A). 

(h) You must conduct subsequent 

performance tests according to the 

requirements in paragraph (g)(1) of this 

section for each furnace subject to an 

emissions limit in paragraph (b) of this 

section to demonstrate compliance at 

least once every 5 years. 

(i) If you use a control device other 

than a baghouse, you must prepare and 

submit a monitoring plan to the 

Administrator for approval. Each plan 

must contain the information in 

paragraphs (i)(1) through (5) of this 

section. 

(1) A description of the device; 

(2) Test results collected in 

accordance with paragraph (g) of this 

section verifying the performance of the 

device for reducing PM and opacity to 

the levels required by this subpart; 

(3) Operation and maintenance plan 

for the control device (including a 

preventative maintenance schedule 

consistent with the manufacturer’s 

instructions for routine and long-term 

maintenance) and continuous 

monitoring system; 

(4) A list of operating parameters that 

will be monitored to maintain 

continuous compliance with the 

applicable emission limits; and 

(5) Operating parameter limits based 

on monitoring data collected during the 

performance test. 

(i) As an alternative to the startup, 

shutdown, and malfunction 

requirements in 40 CFR 63.6(e)(3), you 

must comply with the requirements 

specified in this paragraph. In the event 

of an emergency situation, you must 

comply with the requirements in 

paragraphs (i)(1) through (3) of this 

section. For the purpose of complying 

with this paragraph, an emergency 

situation is any situation arising from 

sudden and reasonably unforeseeable 

events beyond the control of the facility 

owner or operator that require 

immediate corrective action to restore 

normal operation, and that cause the 

affected source to exceed applicable 

emission limitation under this subpart, 

due to unavoidable increases in 

emissions attributable to the emergency. 

An emergency must not include 

noncompliance to the extent it is caused 

by improperly designed equipment, lack 

of preventive maintenance, careless or 

improper operation, or operator error. 

(1) During the period of the 

emergency you must implement all 

reasonable steps to minimize levels of 

emissions that exceeded the emission 

standards or other applicable 

requirements in this subpart. 

(2) You must document through 

signed contemporaneous logs or other 

relevant evidence that an emergency 

occurred and you can identify the 

probable cause, your facility was being 

operated properly at the time the 

emergency occurred, and the corrective 

actions taken to minimize emissions as 

required by paragraph (i)(1) of this 

section. 

(3) You must submit a notice of the 

emergency to the permitting authority 

within two working days of the time 

when emission limitations were 

exceeded due to the emergency (or an 

alternative timeframe acceptable to the 

permitting authority). This notice must 

contain a description of the emergency, 

any steps taken to mitigate emissions, 

and corrective actions taken. 

§ 63.11164 What General Provisions apply 

to primary zinc production facilities? 

(a) If you own or operate an existing 

affected source, you must comply with 

the requirements of the General 

Provisions in 40 CFR part 63, subpart A, 

according to Table 1 to this subpart and 

paragraphs (a)(1) through (3) of this 

section. 

(1) Your notification of compliance 

status required by § 63.9(h) must 

include this certification of compliance, 

signed by a responsible official, for the 

work practice standards in 

§ 63.11162(a): ‘‘This facility complies 

with the work practice standards in 

§ 63.11162(a).’’

(2) If you certify compliance with the 

PM emissions limits in § 63.11162(b) 

based on a previous performance test, 

your notification of compliance status 

required by § 63.9(h) must include this 

certification of compliance, signed by a 

responsible official: ‘‘This facility 

complies with the PM emissions limits 

in § 63.11162(b) based on a previous 

performance test.’’

(3) If you conduct a new performance 

test to demonstrate compliance with the 

PM emissions limits for a furnace in 

§ 63.11162(b), your notification of 

compliance status required by § 63.9(h) 

must include the results of the 

performance test, including required 

monitoring data. 

(b) If you own or operate a new 

affected source, you must comply with 

the requirements of the General 

Provisions (40 CFR part 63, subpart A) 

as provided in Table 1 to this subpart 

and paragraphs (b)(1) through (4) of this 

section. 

(1) Your notification of compliance 

status required in § 63.9(h) must include 

the results of the initial performance 

tests, including required monitoring 

data. 

(2) Your notification of compliance 

status required by § 63.9(h) must 

include this certification of compliance, 

signed by a responsible official, for the 

work practice standard in § 63.11163(a): 

‘‘This facility complies with the work 

practice standards in § 63.11163(a).’’

(3) Your notification of compliance 

status required by § 63.9(h) must 

include this certification of compliance, 

signed by a responsible official, for the 

capture system requirements in 

§ 63.11163(c): ‘‘This facility has 

installed capture systems according to 

§ 63.11163(c).’’

(4) If you use a baghouse that is 

subject to the requirements in 

§ 63.11163(d), your notification of 

compliance status required by § 63.9(h) 

must include this certification of 

compliance, signed by a responsible 

official, for the bag leak detection 

system requirements in § 63.11163(d): 

‘‘This facility has an approved 

monitoring plan in accordance with 

§ 63.11163(d).’’

(5) If you use control devices other 

than baghouses, your notification of 

compliance status required by § 63.9(h) 


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must include this certification of 

compliance, signed by a responsible 

official for the monitoring plan 

requirements in § 63.11163(i): ‘‘This 

facility has an approved monitoring 

plan in accordance with § 63.11163(i).’’

Primary Beryllium Production 

Facilities 

§ 63.11165 What are the standards and 

compliance requirements for new and 

existing sources? 

You must comply with the 

requirements in 40 CFR 61.32 through 

40 CFR 61.34 of the National Emission 

Standards for Beryllium (40 CFR part 

61, subpart C). 

§ 63.11166 What General Provisions apply 

to primary beryllium production facilities? 

(a) You must comply with all of the 

requirements of the General Provisions 

in 40 CFR part 61, subpart A. 

(b) You must comply with the 

requirements of the General Provisions 

in 40 CFR part 63, subpart A, that are 

specified in paragraphs (b)(1) and (2) of 

this section. 

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

(2) Section 63.1(b) except paragraph 

(b)(3), § 63.1(c), and § 63.1(e). 

Other Requirements and Information 

§ 63.11167 What definitions apply to this 

subpart? 

Terms used in this subpart are 

defined in the CAA; 40 CFR 60.2; 

60.171; 61.02; 61.31; 61.61; 63.2; and in 

this section as follows: 

Alloy furnace means any furnace used 

to melt alloys or to produce zinc that 

contains alloys. 

Anode casting furnace means any 

furnace that melts materials to produce 

the anodes used in the electrolytic 

process for the production of zinc. 

Bag leak detection system means a 

system that is capable of continuously 

monitoring the relative particulate 

matter (dust) loadings in the exhaust of 

a baghouse to detect bag leaks and other 

conditions that result in increases in 

particulate loadings. A bag leak 

detection system includes, but is not 

limited to, an instrument that operates 

on triboelectric, electrodynamic, light 

scattering, light transmittance, or other 

effect to continuously monitor relative 

particulate matter loadings. 

Cadmium melting furnace means any 

furnace used to melt cadmium or 

produce cadmium oxide from the 

cadmium recovered in the zinc 

production process. 

Capture system means the collection 

of equipment used to capture gases and 

fumes released from one or more 

emissions points and then convey the 

captured gas stream to a control device. 

A capture system may include, but is 

not limited to, the following 

components as applicable to a given 

capture system design: duct intake 

devices, hoods, enclosures, ductwork, 

dampers, manifolds, plenums, and fans. 

Deviation means any instance in 

which an affected source subject to this 

subpart, or an owner or operator of such 

a source: 

(1) Fails to meet any requirement or 

obligation established by this subpart, 

including but not limited to any 

emissions limitation or work practice 

standard; 

(2) Fails to meet any term or condition 

that is adopted to implement an 

applicable requirement in this subpart 

and that is included in the operating 

permit for any affected source required 

to obtain such a permit; or 

(3) Fails to meet any emissions 

limitation or work practice standard in 

this subpart during startup, shutdown, 

or malfunction, regardless of whether or 

not such failure is permitted by this 

subpart. 

Primary beryllium production facility 

means any establishment engaged in the 

chemical processing of beryllium ore to 

produce beryllium metal, alloy, or 

oxide, or performing any of the 

intermediate steps in these processes. A 

primary beryllium production facility 

may also be known as an extraction 

plant. 

Primary zinc production facility 

means an installation engaged in the 

production, or any intermediate process 

in the production, of zinc or zinc oxide 

from zinc sulfide ore concentrates 

through the use of pyrometallurgical 

techniques. 

Responsible official means 

responsible official as defined in 40 CFR 

70.2. 

Roaster means any facility in which a 

zinc sulfide ore concentrate charge is 

heated in the presence of air to 

eliminate a significant portion (more 

than 10 percent) of the sulfur contained 

in the charge. 

Sintering machine means any furnace 

in which calcines are heated in the 

presence of air to agglomerate the 

calcines into a hard porous mass called 

sinter. 

Sulfuric acid plant means any facility 

producing sulfuric acid from the sulfur 

dioxide (SO2) in the gases from the 

roaster. 

Work practice standard means any 

design, equipment, work practice, or 

operational standard, or combination 

thereof. 

Zinc cathode melting furnace means 

any furnace used to melt the pure zinc 

from the electrolytic process. 

§ 63.11168 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 a State, 

local, or tribal agency. If the U.S. EPA 

Administrator has delegated authority to 

a State, local, or tribal agency, then that 

Agency has the authority to implement 

and enforce this subpart. You should 

contact your U.S. EPA Regional Office 

to find out if this subpart is delegated 

to your State, local, or tribal agency. 

(b) In delegating implementation and 

enforcement authority of this subpart to 

a State, local, or tribal agency under 40 

CFR part 63, subpart E, the authorities 

contained in paragraphs (c) and (d) of 

this section are retained by the 

Administrator of the U.S. EPA and are 

not transferred to the State, local, or 

tribal agency. 

(c) For primary zinc production 

facilities subject to this subpart, the 

authorities that will not be delegated to 

State, local, or tribal agencies are listed 

in paragraphs (c)(1) through (5) of this 

section. 

(1) Approval of an alternative nonopacity emissions standard under 

§ 63.6(g). 

(2) Approval of an alternative opacity 

emissions standard under § 63.6(h)(9). 

(3) Approval of a major change to test 

methods under § 63.7(e)(2)(ii) and (f). A 

‘‘major change to test method’’ is 

defined in § 63.90 

(4) Approval of a major change to 

monitoring under § 63.8(f). A ‘‘major 

change to monitoring’’ is defined in 

§ 63.90. 

(5) Approval of a major change to 

recordkeeping/reporting under 

§ 63.10(f). A ‘‘major change to 

recordkeeping/reporting’’ is defined in 

§ 63.90. 

(d) For primary beryllium 

manufacturing facilities subject to this 

subpart, the authorities that will not be 

delegated to State, local, or tribal 

agencies are listed in paragraphs (d)(1) 

through (4) of this section. 

(1) Approval of an alternative nonopacity emissions standard under 40 

CFR 61.12(d). 

(2) Approval of a major change to test 

methods under 40 CFR 61.13(h). A 

‘‘major change to test method’’ is 

defined in § 63.90. 

(3) Approval of a major change to 

monitoring under 40 CFR 61.14(g). A 

‘‘major change to monitoring’’ is defined 

in § 63.90. 

(4) Approval of a major change to 

recordkeeping/reporting under 40 CFR 

61.10. A ‘‘major change to 

recordkeeping/reporting’’ is defined in 

§ 63.90. 


jlentini on PROD1PC65 with RULES2
2960 Federal Register / Vol. 72, No. 14 / Tuesday, January 23, 2007 / Rules and Regulations 

As required in § 63.11164(a) and (b), 

you must comply with the requirements 

of the NESHAP General Provisions (40 

CFR part 63, subpart A) as shown in the 

following table. 

TABLE 1 TO SUBPART GGGGGG OF PART 63.—APPLICABILITY OF GENERAL PROVISIONS TO PRIMARY ZINC PRODUCTION

AREA SOURCES

Citation Subject Applies to subpart GGGGGG Explanation 

63.1(a)(1), (a)(2), (a)(3), (a)(4), (a)(6), 

(a)(10)–(a)(12), (b)(1), (b)(3), (c)(1), 

(c)(2), (c)(5), (e).

Applicability ............................................ Yes. 

63.1(a)(5), (a)(7)–(a)(9), (b)(2), (c)(3), 

(c)(4), (d).

Reserved ................................................ No. 

63.2 .......................................................... Definitions .............................................. Yes. 

63.3 .......................................................... Units and Abbreviations ......................... Yes. 

63.4 .......................................................... Prohibited Activities and Circumvention Yes. 

63.5 .......................................................... Preconstruction Review and Notification 

Requirements.

No. 

63.6(a), (b)(1)–(b)(5), (b)(7), (c)(1), 

(c)(2), (c)(5).

Compliance with Standards and Maintenance Requirements—Applicability 

Compliance Dates.

Yes. 

63.6(e) ..................................................... Operation and Maintenance Requirements.Yes/No .............. Operation and maintenance requirements do not apply to existing 

sources except that the startup, shutdown, and malfunction requirements 

in § 63.6(e)(3) are allowed as an alternative to the rule requirements for 

emergency situations. Operation and 

maintenance requirements apply to 

new sources except that the rule requirements for emergency situations 

are allowed as an alternative to the 

startup, shutdown, and malfunction 

requirements in § 63.6(e)(3). 

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

Standards.

Yes. 

63.6(b)(6), (c)(3), (c)(4), (d), (e)(2), 

(e)(3)(ii), (h)(3), (h)(5)(iv).

Reserved ................................................ No. 

63.6(h)(1)–(h)(4), (h)(5)(i)–(h)(5)(iii), 

(h)(6)–(h)(9).

................................................................ Yes. 

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

63.7(b), (c) ............................................... ................................................................ Yes/No .............. Notification of performance tests and 

quality assurance program apply to 

new sources but not existing sources. 

63.8(a)(1), (a)(2), (b), (c), (f), (g) ............. Monitoring Requirements ....................... Yes ................... Requirements in § 63.6(c)(4)(i)–(ii), 

(c)(5), (c)(6), (d), (e), (f)(6), and (g) 

apply if a COMS is used. 

63.8(a)(3) ................................................. Reserved ................................................ No. 

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

flares. 

63.8(d), (e) ............................................... ................................................................ Yes/No .............. Requirements for quality control program and performance evaluations 

apply to new sources but not existing 

sources. 

63.9(a), (b)(1), (b)(2), (b)(5), (c), (d), (f), 

(g), (h)(1)–(h)(3), (h)(5), (h)(6), (i), (j).

Notification Requirements ...................... Yes/No .............. Notification of performance tests and 

opacity or visible emissions observations apply to new sources but not 

existing sources. 

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

63.9(b)(4) ................................................. ................................................................ No. 

63.10(a), (b)(1), (b)(2)(i)–(v), (d)(4), 

(d)(5)(i), (f).

Recordkeeping and Reporting Requirements.Yes. 

63.10(b)(2), (b)(3), (c)(1), (c)(5)–(c)(8), 

(c)(10)–(c)(15), (d)(1)–(d)(3), (d)(5)(ii), 

(e)(1), (e)(2), (e)(4).

................................................................ Yes/No .............. Recordkeeping and reporting requirements apply to new sources but not 

existing sources. 

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

63.10(e)(3) ............................................... ................................................................ Yes/No .............. Reporting requirements apply to new 

sources but not existing sources. 

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

flares. 

63.12 ........................................................ State Authorities and Delegations ......... Yes. 

63.13 ........................................................ Addresses .............................................. Yes. 

63.14 ........................................................ Incorporations by Reference .................. Yes. 


jlentini on PROD1PC65 with RULES2
Federal Register / Vol. 72, No. 14 / Tuesday, January 23, 2007 / Rules and Regulations 2961 

TABLE 1 TO SUBPART GGGGGG OF PART 63.—APPLICABILITY OF GENERAL PROVISIONS TO PRIMARY ZINC PRODUCTION

AREA SOURCES—Continued 

Citation Subject Applies to subpart GGGGGG Explanation 

63.15 ........................................................ Availability of Information and Confidentiality.Yes. 

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

[FR Doc. E7–532 Filed 1–22–07; 8:45 am] 

BILLING CODE 6560–50–P 


jlentini on PROD1PC65 with RULES2