[Federal Register Volume 70, Number 211 (Wednesday, November 2, 2005)]
[Rules and Regulations]
[Pages 66280-66285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21840]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[OAR-2002-0031; FRL-7992-8]
RIN 2060-AK50


National Emission Standards for Hazardous Air Pollutants for 
Primary Aluminum Reduction Plants

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; amendments.

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SUMMARY: EPA is amending the national emission standards for hazardous 
air pollutants (NESHAP) for primary aluminum reduction plants. The 
amendments will revise the emission limit for polycyclic organic matter 
(POM) applicable to one potline subcategory. The amendments will revise 
the compliance provisions to clarify the dates by which all plants must 
meet the NESHAP requirements, and to specify the time allowed to 
demonstrate initial compliance for a new or reconstructed potline, 
anode bake furnace, or pitch storage tank as well as an existing 
potline or anode bake furnace that has been shutdown and subsequently 
restarted. We are making these amendments to reduce compliance 
uncertainties and improve understanding of the NESHAP requirements.

EFFECTIVE DATE: November 2, 2005.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. OAR-2002-0031. All documents in the docket at listed in 
the EDOCKET index at http://docket.epa.gov/edkpub/index.jsp. Although 
listed in the index, some information is not publicly available, i.e., 
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 in EDOCKET or in hard copy at the EPA 
Docket Center, Docket ID Number OAR-2002-0031, EPA West Building, Room 
B102, 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 EPA Docket 
Center is (202) 566-1742. A reasonable fee may be charged for copying 
docket materials.

FOR FURTHER INFORMATION CONTACT: Dr. Donna Lee Jones, EPA, Office of 
Air Quality Planning and Standards, Emission Standards Division, Metals 
Group (C439-02), Research Triangle Park, NC 27711, telephone number 
(919) 541-5251, fax number (919) 541-3207, e-mail address: 
<a href="/cdn-cgi/l/email-protection#f3b99c9d9680ddb79c9d9d92bf9696b3968392dd949c85"><span class="__cf_email__" data-cfemail="1d577273786e33597273737c5178785d786d7c337a726b">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:
    Regulated Entities. The regulated categories and entities affected 
by the NESHAP include:

------------------------------------------------------------------------
                                                  Examples of regulated
            Category              NAICS code 1           entities
------------------------------------------------------------------------
Industry.......................          331312  Establishments
                                                  primarily engaged in
                                                  producing primary
                                                  aluminum by
                                                  electrolytically
                                                  reducing alumina.
Federal government.............  ..............  Not affected.
State/local/tribal government..  ..............  Not affected.
------------------------------------------------------------------------
\1\ North American Industry Classification System.


[[Page 66281]]

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. To determine whether your facility is regulated by this action, 
you should examine the applicability criteria in 40 CFR 63.840 of 
subpart LL (NESHAP for Primary Aluminum Reduction Plants). 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 
(General Provisions).
    Worldwide Web (WWW). In addition to being available in the docket, 
an electronic copy of today's final amendments will also be available 
on the Worldwide Web through the Technology Transfer Network (TTN). 
Following signature, a copy of the final amendments 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.
    Judicial Review. Under section 307(b)(1) of the Clean Air Act 
(CAA), judicial review of the final amendments is achievable only by 
filing a petition for review in the U.S. Court of Appeals for the 
District of Columbia Circuit by January 3, 2006. Under CAA section 
307(d)(7)(B), only an objection to the amendments which was raised with 
reasonable specificity during the period for public comment can be 
raised during judicial review. Under CAA section 307(b)(2), the 
requirements that are established by this final action may not be 
challenged later in civil or criminal proceedings brought by EPA to 
enforce these requirements.
    Outline. The information presented in this preamble is organized as 
follows:

I. Background
II. Summary of the Final Amendments
    A. What Is the Final POM Emission Limit for VSS2 Potlines?
    B. What are the final changes to the compliance provisions?
III. Response to Comments on the Proposed Amendments
IV. 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. Background

    Section 112 of the CAA establishes a technology-based program to 
reduce stationary source emissions of hazardous air pollutants (HAP) 
from major sources. Major sources of HAP are those that have the 
potential to emit greater than 10 tons/year of any one HAP or 25 tons/
year of any combination of HAP. The CAA requires the national emission 
standards to reflect the maximum degree of reduction in HAP emissions 
that is achievable. This level of control is commonly known as the 
maximum achievable control technology (MACT).
    We issued the NESHAP for primary aluminum plants (40 CFR part 63, 
subpart LL) on October 7, 1997 (62 FR 52384). The NESHAP contain 
emission limits and standards for total fluorides (TF), which is a 
surrogate for hydrogen fluoride, and POM. These limits apply to each 
new or existing potline, paste production plant, and anode bake furnace 
and to each new pitch storage tank associated with primary aluminum 
production and located at a major source.
    After promulgation, industry representatives identified two 
significant compliance-related issues:
    <bullet> Review of the POM emission limit for the vertical stud 
Soderberg-2 (VSS2) subcategory of existing potlines, based on the 
availability of additional data; and
    <bullet> The date by which the owner or operator must conduct a 
performance test to demonstrate initial compliance for an existing 
potline or anode bake furnace that has been shut down and subsequently 
restarted.
    We received a petition from the industry requesting amendments to 
revise the POM emission limits for VSS2 potlines. As part of the 
request, the petition included additional test data (collected from 
1999 through 2000) for all VSS2 potlines. We agreed to analyze the 
additional data and evaluate the achievability of the existing MACT 
limit for POM.
    We proposed amendments to the existing rule on March 17, 2003 (68 
FR 12645). We provided a 60-day comment period for the proposed 
amendments and received a total of five comment letters. Three of the 
comment letters were from interested private citizens, one was 
unrelated to this rulemaking, and one was from the industry trade 
association. A copy of each of these comment letters is available in 
the docket for this rulemaking (Docket ID No. OAR-2002-0031). The final 
amendments reflect full consideration of all the comments we received.

II. Summary of the Final Amendments

A. What Is the Final POM Emission Limit for VSS2 Potlines?

    The VSS2 subcategory includes all existing vertical stud Soderberg 
potlines. Section 63.843(a)(2)(i) of the existing rule limits POM 
emissions from each existing VSS2 potline to 1.8 kilograms per Megagram 
(kg/Mg) or 3.6 pounds per ton (lb/ton) of aluminum produced for each 
potline. The final amendments change the POM limit to 2.85 kg/Mg (5.7 
lb/ton) of aluminum produced. Table 2 to subpart LL gives the POM 
emission limits for potlines at those plants that comply by emissions 
averaging. The final POM emission averaging limits for VSS2 potlines 
are:

                                          Quarterly POM Limit (lb/ton)
                                        [For a given number of potlines]
----------------------------------------------------------------------------------------------------------------
    2 lines          3 lines          4 lines         5 lines         6 lines         7 lines         8 lines
----------------------------------------------------------------------------------------------------------------
          5.0              4.7             4.5             4.4             4.3             4.2             4.1
----------------------------------------------------------------------------------------------------------------

    B. What are the final changes to the compliance provisions?
    Section 63.847(a) of the existing rule currently requires the owner 
or operator to demonstrate initial compliance by specified dates. The 
final amendments clarify the introductory text of paragraph (a) by 
replacing the phrase ``demonstrate initial compliance'' with the word 
``comply.'' This change distinguishes the compliance date of the rule 
from the date by which a plant

[[Page 66282]]

must actually conduct their initial performance test.
    Section 63.847(c) of the existing rule currently requires the owner 
or operator to conduct an initial performance test during the first 
month following the applicable compliance date. For a new or 
reconstructed affected source, the final amendments require that the 
owner or operator conduct the initial performance test by:
    <bullet> The 180th day after startup for a potline (or potroom 
group). The 180-day period starts when the first pot in a potline (or 
potroom group) is energized.
    <bullet> The 45th day from the start of the second anode bake cycle 
(but no later than the 180th day from the startup of the anode bake 
furnace).
    <bullet> The 30th day after startup for a pitch storage tank (if 
the owner or operator elects to conduct an initial performance test 
rather than a design evaluation).
    Today's final amendments will not change the timing of the initial 
performance test for existing affected sources (i.e., the initial 
performance test must still be conducted during the first month after 
the compliance date).
    We are also adding performance test dates following startup of an 
existing potline or anode bake furnace that was shut down at the time 
compliance would have otherwise been required and subsequently 
restarted. Again, the final amendments will require 180 days after 
startup for a potline (or potroom group) and 45 days from the start of 
the second anode bake cycle (but no later than 180 days from the 
startup of the anode bake furnace). The amendments will also change the 
notification requirements in 40 CFR 63.850(a) of the existing rule to 
require advance notice to the Administrator at least 30 days before 
restart of an affected source that has been shut down.
    Appendix A to 40 CFR part 63, subpart LL, shows the requirements in 
the NESHAP General Provisions (40 CFR part 63, subpart A) that do not 
apply to primary aluminum reduction plants. We are also amending 
appendix A to reflect the changes in performance test dates and the new 
notification requirement.

III. Response to Comments on the Proposed Amendments

    We received only two substantive comments on the proposed 
amendments. Two other commenters simply stated a concern that the 
proposed emission limit for VSS2 potlines was too high. However, these 
commenters provided no additional information or rationale that would 
allow further consideration.
    Comment: One commenter stated the 45-day period to complete startup 
and performance tests for an anode bake furnace is insufficient to 
ensure testing under normal operating conditions. The startup typically 
includes a refractory drying/curing cycle that may take from 45 to 120 
days, depending on several factors. During the drying/curing cycle, 
firing rates are retarded, and in some cases, the drying cycle is 
performed with baked or partially-baked anodes, which results in POM 
emissions that are lower than normal. Consequently, a performance test 
conducted during the refractory drying/curing cycle is not 
representative of normal operation. The commenter offered two options 
to ensure testing under normal operating conditions: (1) start the 45-
day period at the beginning of the ``first anode bake cycle,'' which is 
defined as the cycle that occurs after the ``refractory drying/curing 
cycle''; or (2) define ``anode bake cycle'' to include the curing/
drying step and start the 45-day period at the beginning of the second 
anode bake cycle.
    Response: We agree with the commenter's suggestion for clarifying 
the time period for startup of anode bake furnaces to ensure that the 
performance tests are performed under normal operating conditions. We 
agree that anode production during the drying/curing cycle is not 
representative of normal operating conditions. Consequently, we changed 
the rule provisions in 40 CFR 63.847(c)(2)(ii) and (c)(3)(ii) to state 
that the 45-day period starts at the beginning of the second anode bake 
cycle instead of the first anode bake cycle. However, we believe that 
performance testing should always be completed within 180 days from the 
beginning of the first anode bake cycle. With this change, performance 
testing will occur during normal anode production after the refractory 
has dried and cured. We also added a definition of ``anode bake cycle'' 
to the existing rule. ``Anode bake cycle'' means the period during 
which the regularly repeated sequence of loading, preheating, firing, 
cooling, and removing anodes from all sections within an anode bake 
furnace occurs one time.
    Comment: One commenter stated that increased POM emissions are not 
justifiable because of the serious human health effects and the 
potential environmental and ecological effects due to POM's persistence 
in the environment, potential for accumulation, and toxicity. This 
commenter estimates that the revised VSS2 limit will increase POM 
emissions by 5.6 million lbs/year based on nationwide aluminum 
production of 2.7 million tons/year. The commenter asks how such 
emissions can be considered ``not economically significant'' and not in 
need of an environmental health assessment.
    Response: We do not agree with the commenter's estimate of 
increased POM emissions. No increase in POM emissions will occur 
because the limit reflects the actual level of control that has been 
achieved by the one plant in the VSS2 category. The POM emissions limit 
will ensure that this plant's POM emissions do not increase in the 
future. In addition, the commenter's use of total nationwide aluminum 
production to generate emission estimates is inappropriate because the 
POM limit for VSS2 potlines will affect only one plant out of over 20 
primary aluminum plants. Consequently, the commenter's assertion of 
increased emissions from primary aluminum plants has no basis in fact.
    The revised emission limit correctly reflects MACT for potlines in 
the VSS2 subcategory based on CAA requirements. Our rationale for the 
revised POM limit for VSS2 potlines is detailed in the preamble to the 
proposed amendments (51 FR 12645, 12648; March 17, 2003), and a copy of 
our analysis of the data is included in the docket.
    We understand the commenter's concern about the potential health 
effects of POM. Section 112(f) of the CAA requires that we evaluate 
health risks and ecological effects within 8 years after the 
promulgation of the MACT standards. If the technology-based standards 
are found not to be protective of public health and the environment, 
CAA section 112(f) requires us to promulgate more stringent standards 
that protect the public health with an ample margin of safety and 
reasonably prevent adverse environmental effects. These potential 
impacts will be fully evaluated in our upcoming review of the existing 
rule.

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

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

[[Page 66283]]

    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlement, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    It has been determined that the final amendments are not a 
``significant regulatory action'' under the terms of Executive Order 
12866 and are, therefore, not subject to OMB review.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden. 
The requirement for advance notification of startup for an existing 
affected source that has been shut down has no impact because similar 
advance notification is already required for a new or reconstructed 
affected source. However, OMB has previously approved the information 
collection requirements contained in the existing rule (40 CFR part 63, 
subpart LL) under the provisions of the Paperwork Reduction Act, 44 
U.S.C. 3501 et seq., and has assigned OMB control number 2060-0360, EPA 
Information Collection Request (ICR) No. 1767.04. A copy of the OMB-
approved ICR may be obtained from Susan Auby by mail at the Office of 
Environmental Information, Collection Strategies Division, EPA (2822T), 
1200 Pennsylvania Ave., NW., Washington, DC 20460, by e-mail at 
<a href="/cdn-cgi/l/email-protection#eaab9f8893c4b99f998b84aa8f9a8bc48d859c"><span class="__cf_email__" data-cfemail="9bdaeef9e2b5c8eee8faf5dbfeebfab5fcf4ed">[email protected]</span></a>, or by calling (202) 566-1672.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information; 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.

C. Regulatory Flexibility Act

    The EPA has determined that it is not necessary to prepare a 
regulatory flexibility analysis in connection with the final 
amendments. For the purposes of assessing the impact of today's final 
amendments on small entities, small entity is defined as: (1) A small 
business as defined by the Small Business Administration's regulations 
at 13 CFR 121.201; (2) a small government jurisdiction that is a 
government of a city, county, town, school district or special district 
with a population of less than 50,000; and (3) a small organization 
that is any not-for-profit enterprise which is independently owned and 
operated and that is not dominant in its field.
    After considering the economic impacts of today's final rule 
amendments on small entities, EPA has concluded that this action will 
not have a significant economic impact on a substantial number of small 
entities. The final amendments will not impose any requirements on 
small entities. None of the plants in this industry is classified as a 
small entity.

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 by 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 the EPA to 
identify and consider a reasonable number of regulatory alternatives 
and adopt the least costly, most cost-effective, or least burdensome 
alternative that achieves the objectives of the rule. The provisions of 
section 205 do not apply when they are inconsistent with applicable 
law. Moreover, section 205 allows the 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 the 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 amendments 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 1 year. No costs are attributable to the final 
amendments. Thus, the final amendments are not subject to the 
requirements of sections 202 and 205 of the UMRA. The EPA has also 
determined that the final amendments contain no regulatory requirements 
that might significantly or uniquely affect small governments. Thus, 
today's final amendments are not subject to the requirements of 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'' is 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.''
    The final amendments 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. None of the affected facilities 
are owned or operated by State governments. Thus, Executive Order 13132 
does not apply to the final amendments.

[[Page 66284]]

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

    Executive Order 13175 (65 FR 67249, November 9, 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.'' The final amendments 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. No tribal governments own facilities 
subject to the rule. Thus, Executive Order 13175 does not apply to the 
final amendments.

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, the EPA must evaluate the environmental health or safety 
effects of the planned rule on children, and explain why the planned 
regulation is preferable to other potentially effective and reasonably 
feasible alternatives considered by the Agency.
    EPA interprets Executive Order 13045 as applying only to 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. The final amendments are not 
subject to Executive Order 13045 because they are based on control 
technology and not on health or safety risks.

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

    The final amendments are not subject to Executive Order 13211 (66 
FR 28355, May 22, 2001) because they are not a significant regulatory 
action under Executive Order 12866.

I. National Technology Transfer Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act (NTTAA) of 1995 (Public Law 104-113; 15 U.S.C. 272 note) directs 
EPA to use voluntary consensus standards (VCS) in their regulatory 
activities unless to do so would be inconsistent with applicable law or 
otherwise impracticable. The VCS are technical standards (e.g., 
material specifications, test methods, sampling procedures, and 
business practices) that are developed or adopted by one or more 
voluntary consensus bodies. The NTTAA directs EPA to provide Congress, 
through OMB, explanations when the Agency does not use available and 
applicable VCS.
    The final amendments do not involve technical standards. Therefore, 
EPA is not considering the use of any VCS.

J. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement 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 the Congress and to the Comptroller General of the United 
States. The EPA will submit a report containing the final amendments 
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 amendments 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). The amendments will be effective on November 2, 2005.

List of Subjects in 40 CFR Part 63

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

    Dated: October 25, 2005.
Stephen L. Johnson,
Administrator.

0
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]

0
1. The authority citation for part 63 continues to read as follows:

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

Subpart LL--[Amended]

0
2. Section 63.842 is amended by adding, in alphabetical order, a 
definition for the term, ``Anode bake cycle'' to read as follows:


Sec.  63.842  Definitions.

* * * * *
    Anode bake cycle means the period during which the regularly 
repeated sequence of loading, preheating, firing, cooling, and removing 
anodes from all sections within an anode bake furnace occurs one time.
* * * * *

0
3. Section 63.843 is amended by revising paragraph (a)(2)(iii) to read 
as follows:


Sec.  63.843  Emission limits for existing sources.

    (a) * * *
    (2) * * *
    (iii) 2.85 kg/Mg (5.7 lb/ton) of aluminum produced for each VSS2 
potline.
* * * * *

0
4. Section 63.847 is amended by revising paragraph (a) introductory 
text and paragraph (c) to read as follows:


Sec.  63.847  Compliance provisions.

    (a) Compliance dates. The owner or operator of a primary aluminum 
plant must comply with the requirements of this subpart by:
* * * * *
    (c) Performance test dates. Following approval of the site-specific 
test plan, the owner or operator must conduct a performance test to 
demonstrate initial compliance according to the procedures in paragraph 
(d) of this section. If a performance test has been conducted on the 
primary control system for potlines or for the anode bake furnace 
within the 12 months prior to the compliance date, the results of that 
performance test may be used to demonstrate initial compliance. The 
owner or operator must conduct the performance test:
    (1) During the first month following the compliance date for an 
existing potline (or potroom group) or anode bake furnace;
    (2) By the date determined according to the requirements in 
paragraph (c)(2)(i), (ii), or (iii) of this section for a new or 
reconstructed potline, anode bake furnace, or pitch storage tank (for 
which the owner or operator elects to conduct an initial performance 
test):
    (i) By the 180th day following startup for a potline or potroom 
group. The 180-day period starts when the first pot in a potline or 
potroom group is energized.
    (ii) By the 45th day from the start of the second anode bake cycle 
(but no later than the 180th day from the startup of the anode bake 
furnace).
    (iii) By the 30th day following startup for a pitch storage tank. 
The 30-day period starts when the tank is first used to store pitch.

[[Page 66285]]

    (3) By the date determined according to the requirements in 
paragraph (c)(3)(i) or (ii) of this section for an existing potline or 
anode bake furnace that was shut down at the time compliance would have 
otherwise been required and is subsequently restarted:
    (i) By the 180th day following startup for a potline or potroom 
group. The 180-day period starts when the first pot in a potline or 
potroom group is energized.
    (ii) By the 45th day from the start of the second anode bake cycle 
(but no later than the 180th day from the startup of the anode bake 
furnace).
* * * * *

0
5. Section 63.850 is amended by:
0
a. Revising paragraph (a)(7);
0
b. Revising paragraph (a)(8); and
0
c. Adding paragraph (a)(9) to read as follows:


Sec.  63.850  Notification, reporting, and recordkeeping requirements.

    (a) * * *
    (7) One-time notification for each affected source of the intent to 
use an HF continuous emission monitor;
    (8) Notification of compliance approach. The owner or operator 
shall develop and submit to the applicable regulatory authority, if 
requested, an engineering plan that describes the techniques that will 
be used to address the capture efficiency of the reduction cells for 
gaseous hazardous air pollutants in compliance with the emission limits 
in Sec. Sec.  63.843, 63.844, and 63.846; and
    (9) One-time notification of startup of an existing potline or 
potroom group, anode bake furnace, or paste production plant that was 
shut down for a long period and subsequently restarted. The owner or 
operator must provide written notice to the Administrator at least 30 
days before the startup.
* * * * *

0
6. Table 2 to subpart LL is amended by revising the entry for ``VSS2 
potlines'' to read as follows:

                  Table 2 to Subpart LL of Part 63.--Potline POM Limits for Emission Averaging
----------------------------------------------------------------------------------------------------------------
                                  Quarterly POM limit (lb/ton)  [for given number of potlines]
     Type     --------------------------------------------------------------------------------------------------
                  2 lines        3 lines       4 lines       5 lines       6 lines       7 lines       8 lines
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
        VSS2            5.0           4.7           4.5           4.4           4.3           4.2           4.1
----------------------------------------------------------------------------------------------------------------


0
7. Appendix A to subpart LL is amended by revising the title of 
appendix A and by adding new entries, in numerical order, for Sec.  
63.7(a)(2)(ii) and (iii) and Sec.  63.9(b)(1)-(5) to read as follows:

                    Appendix A to Subpart LL of Part 63.--Applicability of General Provisions
                                           [40 CFR part 63, subpart A]
----------------------------------------------------------------------------------------------------------------
    General provisions citation            Requirement        Applies to subpart LL            Comment
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
63.7(a)(2)(ii) and (iii)...........  Performance testing     No....................  Subpart LL specifies
                                      requirements.                                   performance test dates.
 
                                                  * * * * * * *
63.9(b)(1)-(5).....................  Initial notifications.  Yes, except as noted    Sec.   63.850(a)(9)
                                                              in ``comment'' column.  includes requirement for
                                                                                      startup of an existing
                                                                                      affected source that has
                                                                                      been shut down.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

[FR Doc. 05-21840 Filed 11-1-05; 8:45 am]
BILLING CODE 6560-50-P


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