[Federal Register Volume 78, Number 59 (Wednesday, March 27, 2013)]
[Notices]
[Pages 18603-18605]
[FR Doc No: 2013-07029]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-N-0065]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Registration of Food
Facilities Under the Public Health Security and Bioterrorism
Preparedness and Response Act of 2002

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing that a
proposed collection of information has been submitted to the Office of
Management and Budget (OMB) for review and clearance under the
Paperwork Reduction Act of 1995.

DATES: Fax written comments on the collection of information by April
26, 2013.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer,
FAX:<PHONE_NUMBER>, or emailed to<EMAIL_ADDRESS>All
comments should be identified with the OMB control number 0910-0502.
Also include the FDA docket number found in brackets in the heading of
this document.

FOR FURTHER INFORMATION CONTACT: Domini Bean, Office of Information
Management, Food and Drug Administration, 1350 Piccard Dr., PI50-400T,
Rockville, MD 20850,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Registration of Food Facilities Under the Public Health Security and
Bioterrorism Preparedness and Response Act of 2002--21 CFR 1.230-1.235
(OMB Control Number 0910-0502)--Extension

    The Public Health Security and Bioterrorism Preparedness and
Response Act of 2002 (the Bioterrorism Act) (Pub. L. 107-188) added
section 415 to the Federal Food, Drug, and Cosmetic Act (the FD&C Act)
(21 U.S.C. 350d), which requires domestic and foreign facilities that
manufacture, process, pack, or hold food for human or animal
consumption in the United States to register with the Food and Drug
Administration (FDA). Sections 1.230 through 1.235 of FDA's regulations
(21 CFR 1.230-1.235) set forth the procedures for registration of food
facilities. Information provided to FDA under these regulations helps
the Agency to notify quickly the facilities that might be affected by a
deliberate or accidental contamination of the food supply. In addition,
data collected through registration is used to support FDA enforcement
activities and to screen imported food shipments. Advance notice of
imported food allows FDA, with the support of the Bureau of Customs and
Border Protection, to target import inspections more effectively and
help protect the nation's food supply against terrorist acts and other
public health emergencies. If a facility is not registered or the
registration for a facility is not updated when necessary, FDA may not
be able to contact the facility and may not be able to target import
inspections effectively in case of a known or potential threat to the
food supply or other food-related emergency, putting consumers at risk
of consuming hazardous food products that could

cause serious adverse health consequences or death.
    FDA's regulations require that each facility that manufactures,
processes, packs, or holds food for human or animal consumption in the
United States register with FDA using Form FDA 3537 (Sec.  1.231). The
term ``Form FDA 3537'' refers to both the paper version of the form and
the electronic system known as the Food Facility Registration Module,
which is available at http://www.access.fda.gov. Domestic facilities
are required to register whether or not food from the facility enters
interstate commerce. Foreign facilities that manufacture/process, pack,
or hold food also are required to register unless food from that
facility undergoes further processing (including packaging) by another
foreign facility before the food is exported to the United States.
However, if the subsequent foreign facility performs only a minimal
activity, such as putting on a label, both facilities are required to
register.
    Information FDA requires on the registration form includes the name
and full address of the facility; emergency contact information; all
trade names the facility uses; applicable food product categories; and
a certification statement that includes the name of the individual
authorized to submit the registration form. Additionally, facilities
are encouraged to submit their preferred mailing address; type of
activity conducted at the facility; type of storage, if the facility is
primarily a holding facility; and approximate dates of operation if the
facility's business is seasonal.
    In addition to registering, a facility is required to submit timely
updates within 60 days of a change to any required information on its
registration form, using Form FDA 3537 (Sec.  1.234), and to cancel its
registration when the facility ceases to operate or is sold to new
owners or ceases to manufacture/process, pack, or hold food for
consumption in the United States, using Form FDA 3537a (Sec.  1.235).
    The FDA Food Safety Modernization Act (FSMA) (Pub. L. 111-353),
enacted on January 4, 2011, amended section 415 of the FD&C Act in
relevant part to require registrants for food facilities to submit
additional registration information to FDA, and to require facilities
required to register with FDA to renew such registrations biennially.
Section 415(a)(2) of the FD&C Act, as amended by FSMA, also provides
that, when determined necessary by FDA ``through guidance,'' a food
facility is required to submit to FDA information about the general
food category of a food manufactured, processed, packed or held at such
facility, as determined appropriate by FDA, including by guidance.
These amendments took effect October 1, 2012. To comply with this
statutory deadline, FDA initially obtained OMB approval of the
following additional collection of information requirements under the
emergency processing provisions of the PRA:
     Modification of food facility registration forms to
include the following mandatory fields: The email address for the
contact person of a domestic facility and the email address of the
United States agent for a foreign facility, an assurance that FDA will
be permitted to inspect the facility, and specific food categories as
identified in the guidance document entitled, ``Guidance for Industry:
Necessity of the Use of Food Product Categories in Food Facility
Registrations and Updates to Food Product Categories'' (section
415(a)(2) of the FD&C Act 21 U.S.C. 350d(a)(2)); and
     The requirement that registered facilities submit
registration renewals to FDA biennially (section 415(a)(3) of the FD&C
Act (21 U.S.C. 350d(a)(3)).
    Food Facility Registration, in conjunction with advance notice of
imported food, helps FDA act quickly in responding to a threatened or
actual bioterrorist attack on the U.S. food supply or to other food-
related emergencies. Food Facility Registration provides FDA with
information about facilities that manufacture/process, pack, or hold
food for consumption in the United States. In the event of an outbreak
of foodborne illness, such information helps FDA and other authorities
determine the source and cause of the event. In addition, the
registration information enables FDA to notify more quickly the
facilities that might be affected by the outbreak. See Interim Final
Rule entitled, ``Registration of Food Facilities Under the Public
Health Security and Bioterrorism Preparedness and Response Act of
2002'' (68 FR 58894 at 58895; October 10, 2003).
    Implementation of the new FSMA requirements described previously
helps enable FDA to quickly identify and remove from commerce an
article of food for which there is a reasonable probability that the
use of, or exposure to, such article of food will cause serious adverse
health consequences or death to humans or animals. FDA uses the
information collected under these provisions to help ensure that such
food products are quickly and efficiently removed from the market.
    Description of Respondents: Respondents to this collection of
information are owners, operators, or agents in charge of domestic or
foreign facilities that manufacture, process, pack, or hold food for
human or animal consumption in the United States.
    In the Federal Register of January 22, 2013 (78 FR 4414), FDA
published a 60-day notice requesting public comment on the proposed
collection of information. FDA received no comments in response to the
notice.
    FDA estimates the burden of this collection of information as
follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
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                                                                                No. of                          Average
 21 CFR Section and/or section of  FD&C act             FDA form No.               No. of       responses per   Total annual     burden per      Total
                                                                                respondents     respondent       responses       response       hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     New Facilities
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        Domestic
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sec.  Sec.   1.230-1.233 and section 415 of   FDA 3537 \2\                             11,080               1          11,080             2.7     29,916
 the FD&C Act.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                         Foreign
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sec.  Sec.   1.230-1.233 and section 415 of   FDA 3537                                 19,900               1          19,900             8.9    177,110
 the FD&C Act.
--------------------------------------------------------------------------------------------------------------------------------------------------------

New Facility Registration Subtotal..........  ...............................  ..............  ..............  ..............  ..............    207,026
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                            Previously Registered Facilities
--------------------------------------------------------------------------------------------------------------------------------------------------------
Updates under Sec.   1.234 and section 415    FDA 3537                                118,530               1         118,530             1.2    142,236
 of the FD&C Act.
Cancellations under Sec.   1.235............  FDA 3537a                                 6,390               1           6,390               1      6,390
Biennial renewal of registration required by  FDA 3537                                224,930               1         224,930             0.5    112,465
 section 415 of the FD&C Act.                                                                                (30 minutes)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Updates, Cancellations or Biennial Renewals   ...............................  ..............  ..............  ..............  ..............    261,091
 Subtotal.
Total Hours Annually........................  ...............................  ..............  ..............  ..............  ..............   468,117
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.
\2\ The term ``Form FDA 3537'' refers to both the paper version of the form and the electronic system known as the Food Facility Registration Module,
  which is available at http://www.access.fda.gov.

    This estimate is based on FDA's experience and the average number
of new facility registrations, updates and cancellations received in
the past 3 years. FDA received 12,011 new domestic facility
registrations during 2010; 10,646 during 2011; and 10,584 during 2012.
Based on this experience, FDA estimates the annual number of new
domestic facility registrations will be 11,080. FDA estimates that
listing the information required by the Bioterrorism Act and presenting
it in a format that will meet the Agency's registration regulations
will require a burden of approximately 2.5 hours per average domestic
facility registration. We estimate that the FSMA-required additional
information for new facility registrations will require an additional
12 minutes (0.2 hour) per response for domestic facilities. The average
domestic facility burden hour estimate of 2.7 hours takes into account
that some respondents completing the registration may not have readily
available Internet access. Thus, the total annual burden for new
domestic facility registrations is estimated to be 29,916 hours (11,080
x 2.7 hours).
    FDA received 20,598 new foreign facility registrations during 2010;
20,009 during 2011; and 19,092 during 2012. Based on this experience,
FDA estimates the annual number of new foreign facility registrations
will be 19,900. FDA estimates that listing the information required by
the Bioterrorism Act and presenting it in a format that will meet the
Agency's registration regulations will require a burden of
approximately 8.5 hours per average foreign facility registration. We
estimate that the FSMA-required additional information for new facility
registrations will require an additional 24 minutes (0.4 hour) per
response for foreign facilities. The average foreign facility burden
hour estimate of 8.9 hours includes an estimate of the additional
burden on a foreign facility to obtain a U.S. agent, and takes into
account that for some foreign facilities the respondent completing the
registration may not be fluent in English and/or not have readily
available Internet access. Thus, the total annual burden for new
foreign facility registrations is estimated to be 177,110 hours (19,900
x 8.9 hours).
    Based on its experience, FDA estimates that the average annual
number of updates to facility registrations will remain unchanged at
118,530 updates annually over the next 3 years. FDA also estimates that
updating a registration will, on average, require a burden of
approximately 1 hour, taking into account fluency in English and
Internet access. We estimate that the FSMA-required additional
information for updates will require an additional 12 minutes (0.2
hour) per response. Thus, the total annual burden of submitting updates
to facility registrations is estimated to be 142,236 hours (118,530 x
1.2 hours).
    Based on its experience, FDA estimates that the average annual
number of cancellations of facility registrations will remain unchanged
at 6,390 cancellations annually over the next 3 years. FDA also
estimates that cancelling a registration will, on average, require a
burden of approximately 1 hour, taking into account fluency in English
and Internet access. FSMA did not change the required information for
cancellations. Thus, the total annual burden for cancelling
registrations is estimated to be 6,390 hours.
    We estimate that the new biennial registration required by FSMA,
which will require the submission of certain new data elements and the
verification and possible updating of other information rather than re-
entering all information, will require 30 minutes (0.5 hour) per
response, including time for the new FSMA-required information. FDA
estimates that, on an annualized basis, the number of biennial
registrations submitted over the next 3 years will be 224,930. This
estimate is based on the number of currently registered firms (449,860)
divided by 2. Thus, the total annual burden for biennial registration
is estimated to be 112,465 hours (224,930 x 0.5 hours).

    Dated: March 22, 2013.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2013-07029 Filed 3-26-13; 8:45 am]
BILLING CODE 4160-01-P


November 4, 2021
MEMORANDUM
TO:		Docket ID: EPA-HQ-OAR-2020-0430
FROM:	Tonisha Dawson, Environmental Engineer, U.S. EPA
--------------------------------------------------------------------------------
SUBJECT:	Proposed Regulatory Edits for 40 CFR Part 63 Subpart EEEEEE: Primary Copper Smelting Area Sources NESHAP Technology Review Proposal
      This memorandum provides the proposed regulation edits associated with a proposed action titled, "National Emission Standards for Hazardous Air Pollutants: Primary Copper Smelting Risk and Technology Review."
      Attachment 1 to this memorandum, for the convenience of interested parties, presents the subject subparts of the CFR including proposed regulation edits shown in redline/strikeout format.
Attachment 1: Regulatory text with proposed edits in redline/strikeout.

                                 Attachment 1
           Regulatory text with proposed edits in redline/strikeout
Subpart EEEEEE  -  National Emission Standards for Hazardous Air Pollutants for Primary Copper Smelting Area Sources
§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.
§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 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. Beginning [INSERT DATE 180 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER], the owner or operator must submit all subsequent reports in PDF format to the EPA via CEDRI, which can be accessed through EPA's CDX (https://cdx.epa.gov/).
(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 (iv) 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.
(iv) Beginning [INSERT DATE 180 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER], the owner or operator must submit all notices in PDF format to the EPA via CEDRI, which can be accessed through EPA's CDX (https://cdx.epa.gov/).
(5) Before [INSERT DATE 180 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER],  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). On or after [INSERT DATE 180 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER], you may not use the requirements in 40 CFR 63.6(e)(3) as an alternative to the requirements in paragraph (c)(4) of this section.
(d) Deviations. You must submit written notification to the permitting authority of any deviation from the requirements of this subpart, including the number, date, time, duration, and the cause of such events (including unknown cause, if applicable); a list of the affected sources or equipment; an estimate of the quantity of each regulated pollutant emitted over any emission limit and a description of the method used to estimate the emissions; and 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 started. Beginning [INSERT DATE 6 MONTHS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER] , the owner or operator must submit all subsequent notifications in PDF format to the EPA via CEDRI, which can be accessed through EPA's CDX (https://cdx.epa.gov/).
(e) Reports. (1) 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. The report must contain the number, date, time, duration, and the cause of each deviation (including unknown cause, if applicable); a list of the affected sources or equipment; an estimate of the quantity of each regulated pollutant emitted over any emission limit and a description of the method used to estimate the emissions; and the probable cause of such deviations and any corrective actions or preventative measures taken. Examples of methods used to estimate the emissions would include product-loss calculations, mass balance calculations, measurements when available, or engineering judgment based on known process parameters.
(2) Beginning [INSERT DATE 6 MONTHS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER], the owner or operator must submit all subsequent semiannual monitoring reports in PDF format to the EPA via CEDRI, which can be accessed through EPA's CDX (https://cdx.epa.gov/).
(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 filterable 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 the smelting vessel but the smelting vessel remains in operation to temporarily hold molten material in the vessel before resuming copper production, you must exhaust the process off gas from the smelting vessel to an electrostatic precipitator, wet scrubber, 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 filterable 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 filterable 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 appendix B to part 60 of this chapter.
(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 appendix B to  part 60 of this chapter.
(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 start date, start time, and duration in hours during which the 24-hour rolling average opacity exceeded 15 percent and the start date, start time and type of the corrective action and the date and time the corrective action was completed.
(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 (vi) of this section.
(i) The bag leak detection system must be certified by the manufacturer to be capable of detecting particulate matter emissions at concentrations that can effectively discern any dysfunctional leaks of the baghouse.
(ii) The bag leak detection system sensor must provide output of relative or absolute particulate matter loadings.
(iii) The bag leak detection system must be equipped with a device to continuously record the output signal from the sensor.
(iv) 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.
(v) The bag leak detection system must be installed downstream of the baghouse.
(vi) 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, the time you initiated corrective actions, and an explanation of the corrective actions taken, including the date corrective actions were completed, 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) Before [INSERT DATE 180 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER], 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. On or after [INSERT DATE 180 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER], you must conduct each performance test using the test methods and procedures in paragraphs (e)(3)(i) through (vi) of this section.
(i) Method 1 or 1A in appendix A to part 60 of this chapter 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 in appendix A to part 60 of this chapter to determine the volumetric flow rate of the stack gas.
(iii) Method 3, 3A, or 3B in appendix A to part 60 of this chapter 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 in appendix A to part 60 of this chapter to determine the moisture content of the stack gas.
(v) Method 5 in appendix A to part 60 of this chapter to determine the PM concentration for negative pressure baghouses or Method 5D in appendix A to part 60 of this chapter for positive pressure baghouses. A minimum of three valid test runs are needed to comprise a PM performance test.
(vi) You must conduct each performance test that applies to your affected source under normal operating conditions of the affected source. The owner or operator may not conduct performance tests during periods of malfunction. The owner or operator must record the process information that is necessary to document operating conditions during the test and include in such record an explanation to support that such conditions represent normal operation. Upon request, the owner or operator shall make available to the Administrator such records as may be necessary to determine the conditions of performance tests.
(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.
(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. Documentation must include the date, time, duration, of such events (including unknown cause, if applicable); a list of the affected sources or equipment; and an estimate of the quantity of each regulated pollutant emitted over any emission limit and a description of the method used to estimate the emissions.
(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 the number, date, time, duration, and the cause of such events (including unknown cause, if applicable); a list of the affected sources or equipment; an estimate of the quantity of each regulated pollutant emitted over any emission limit and a description of the method used to estimate the emissions; and the probable cause of such deviations and any corrective actions or preventative measures taken.
(5) Before [INSERT DATE 180 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER], 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). On or after [INSERT DATE 180 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER], you may not use the requirements in 40 CFR 63.6(e)(3) as an alternative to the requirements in paragraph (f)(4) of this section.
(g) Recordkeeping requirements. (1) You must maintain records of the occurrence and duration in hours 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.
(3) Any records required to be maintained by this subpart that are submitted electronically via the EPA's CEDRI may be maintained in electronic format. This ability to maintain electronic copies does not affect the requirement for facilities to make records, data, and reports available upon request to a delegated air agency or the EPA as part of an on-site compliance evaluation.
(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 be 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. Examples of methods used to estimate the emissions would include product-loss calculations, mass balance calculations, measurements when available, or engineering judgment based on known process parameters.
(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,  time, and duration in hours 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.
(i) Electronic reporting requirements. Beginning on [INSERT DATE 6 MONTHS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER], within 60 days after the date of completing each performance test required by this subpart, you must submit the results of the performance test following the procedures specified in paragraphs (i)(1) through (3) of this section.
(1) Data collected using test methods supported by the EPA's Electronic Reporting Tool (ERT) as listed on the EPA's ERT website (https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert) at the time of the test. Submit the results of the performance test to the EPA via the Compliance and Emissions Data Reporting Interface (CEDRI), which can be accessed through the EPA's Central Data Exchange (CDX) (https://cdx.epa.gov/). The data must be submitted in a file format generated using the EPA's ERT. Alternatively, you may submit an electronic file consistent with the extensible markup language (XML) schema listed on the EPA's ERT website.
(2) Data collected using test methods that are not supported by the EPA's ERT as listed on the EPA's ERT website at the time of the test. The results of the performance test must be included as an attachment in the ERT or an alternate electronic file consistent with the XML schema listed on the EPA's ERT website. Submit the ERT generated package or alternative file to the EPA via CEDRI.
(3) Confidential business information (CBI). Do not use CEDRI to submit information you claim as CBI. Anything submitted using CEDRI cannot later be claimed CBI. Although we do not expect persons to assert a claim of CBI, if you wish to assert a CBI claim for some of the information submitted under paragraph (i)(1) or (2) of this section, you must submit a complete file, including information claimed to be CBI, to the EPA. The file must be generated using the EPA's ERT or an alternate electronic file consistent with the XML schema listed on the EPA's ERT website. Submit the file on a compact disc, flash drive, or other commonly used electronic storage medium and clearly mark the medium as CBI. Mail the electronic medium to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy Group, MD C404-02, 4930 Old Page Rd., Durham, NC  27703. The same file with the CBI omitted must be submitted to the EPA via the EPA's CDX as described in paragraphs (a)(1) and (2) of this section. All CBI claims must be asserted at the time of submission. Furthermore, under CAA section 114(c), emissions data is not entitled to confidential treatment, and the EPA is required to make emissions data available to the public. Thus, emissions data will not be protected as CBI and will be made publicly available.
(j) Claims of EPA system outage. If you are required to electronically submit a report through CEDRI in the EPA's CDX, you may assert a claim of EPA system outage for failure to timely comply with that reporting requirement. To assert a claim of EPA system outage, you must meet the requirements outlined in paragraphs (j)(1) through (7) of this section.
(1) You must have been or will be precluded from accessing CEDRI and submitting a required report within the time prescribed due to an outage of either the EPA's CEDRI or CDX systems.
(2) The outage must have occurred within the period of time beginning five business days prior to the date that the submission is due.
(3) The outage may be planned or unplanned.
(4) You must submit notification to the Administrator in writing as soon as possible following the date you first knew, or through due diligence should have known, that the event may cause or has caused a delay in reporting.
(5) You must provide to the Administrator a written description identifying:
(i) The date(s) and time(s) when CDX or CEDRI was accessed and the system was unavailable;
(ii) A rationale for attributing the delay in reporting beyond the regulatory deadline to EPA system outage;
(iii) A description of measures taken or to be taken to minimize the delay in reporting; and
(iv) The date by which you propose to report, or if you have already met the reporting requirement at the time of the notification, the date you reported.
(6) The decision to accept the claim of EPA system outage and allow an extension to the reporting deadline is solely within the discretion of the Administrator.
(7) In any circumstance, the report must be submitted electronically as soon as possible after the outage is resolved.
(k) Claims of force majeure. If you are required to electronically submit a report through CEDRI in the EPA's CDX, you may assert a claim of force majeure for failure to timely comply with that reporting requirement. To assert a claim of force majeure, you must meet the requirements outlined in paragraphs (k)(1) through (5) of this section.
 (1) You may submit a claim if a force majeure event is about to occur, occurs, or has occurred or there are lingering effects from such an event within the period of time beginning five business days prior to the date the submission is due. For the purposes of this section, a force majeure event is defined as an event that will be or has been caused by circumstances beyond the control of the affected facility, its contractors, or any entity controlled by the affected facility that prevents you from complying with the requirement to submit a report electronically within the time period prescribed. Examples of such events are acts of nature (e.g., hurricanes, earthquakes, or floods), acts of war or terrorism, or equipment failure or safety hazard beyond the control of the affected facility (e.g., large scale power outage).
(2) You must submit notification to the Administrator in writing as soon as possible following the date you first knew, or through due diligence should have known, that the event may cause or has caused a delay in reporting.
(3) You must provide to the Administrator:
(i) A written description of the force majeure event;
(ii) A rationale for attributing the delay in reporting beyond the regulatory deadline to the force majeure event;
(iii) A description of measures taken or to be taken to minimize the delay in reporting; and
(iv) The date by which you propose to report, or if you have already met the reporting requirement at the time of the notification, the date you reported.
(4) The decision to accept the claim of force majeure and allow an extension to the reporting deadline is solely within the discretion of the Administrator.
(5) In any circumstance, the reporting must occur as soon as possible after the force majeure event occurs.

§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 filterable 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 appendix B to part 60 of this chapter, and the quality assurance requirements of Procedure 2 in appendix F to part 60 of this chapter.
(ii) You must conduct an initial performance evaluation of the PM CEMS according to the requirements of Performance Specification 11 in appendix B to part 60 of this chapter. Thereafter, you must perform the performance evaluations as required by Procedure 2 in appendix F to part 60 of this chapter.
(iii) You must perform quarterly accuracy determinations and daily calibration drift tests for the PM CEMS according to Procedure 2 in appendix F to part 60 of this chapter.
(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.
(3) Quality Control Program. (i) You must comply with the requirements in 40 CFR part 63.8(d)(1) and (2).
(ii) The owner or operator shall keep the written procedures required in 40 CFR part 63.8(d)(1) and (2) on record for the life of the affected source or until the affected source is no longer subject to the provisions of this part, to be made available for inspection, upon request, by the Administrator. If the performance evaluation plan is revised, the owner or operator shall keep previous (i.e., superseded) versions of the performance evaluation plan on record to be made available for inspection, upon request, by the Administrator, for a period of 5 years after each revision to the plan. The program of corrective action should be included in the plan required under §63.8(d)(2).
(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 filterable 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.
(3) General duty requirements. (i) 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.
(ii) 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.
(iii) 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) Recordkeeping. (i) In the event that an affected unit fails to meet an applicable standard, record the number of failures. For each failure record the date, time, the cause and duration of each failure.
(ii) For each failure to meet an applicable standard, record and retain a list of the affected sources or equipment, an estimate of the quantity of each regulated pollutant emitted over any emission limit and a description of the method used to estimate the emissions.
(iii) Record actions taken in accordance with the general duty requirements to minimize emissions in §63.11149(c)(3) and any corrective actions taken to return the affected unit to its normal or usual manner of operation.
(d) Alternative startup, shutdown, and malfunction requirements. Before [INSERT DATE 180 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER], you must comply with the requirements specified in this paragraph as an alternative to the requirements in 40 CFR 63.6(e)(3). On or after [INSERT DATE 180 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER], you may not use the requirements in 40 CFR 63.6(e)(3) as an alternative to the requirements in this paragraph. 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. (1) 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.
(2) Beginning [INSERT DATE 180 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER], the owner or operator must submit all subsequent reports in PDF format to the EPA via CEDRI, which can be accessed through EPA's CDX (https://cdx.epa.gov/).

(3) For each deviation from an emission limitation in (a)(1) of this section occurring at an affected source, you must include in your semiannual compliance report the information in paragraphs (e)(2)(i) through (x) of this section.
(i) The date and time that each malfunction started and stopped.
(ii) The start date, and start time, and duration in hours (or minutes for CEMS) that each continuous monitoring system was inoperative, except for zero (low-level) and high-level checks.
(iii) The start date, start time, and duration in hours (or minutes for CEMS) that each continuous monitoring system was out-of-control, including the information in §63.8(c)(8).
(iv) The total duration in hours (or minutes for CEMS) of all deviations for each CMS during the reporting period, the total operating time in hours of the affected source during the reporting period, a summary of the total duration of the deviation during the reporting period and the total duration as a percent of the total source operating time during that reporting period.
(v) A breakdown of the total duration in hours (or minutes for CEMS) of the deviations during the reporting period including those that are due to control equipment problems, process problems, other known causes, and other unknown causes.
(vi) The total duration in hours (or minutes for CEMS) of continuous monitoring system downtime for each CMS during the reporting period, the total operating time in hours of the affected source during the reporting period, and the total duration of CMS downtime as a percent of the total source operating time during the reporting period.
(vii) A brief description of the process units.
(viii) The monitoring equipment manufacturer and model number and the pollutant or parameter monitored.
(ix) The date of the latest continuous monitoring system certification or audit.
(x) A description of any changes in continuous monitoring systems, processes, or controls since the last reporting period.

§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 (5) 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)."
(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)(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)."
(5) Your notification of compliance status must include this certification of compliance, signed by a responsible official, for the work practice standard in §63.11148(a)(4): "This facility complies with the requirement to operate capture systems to collect gases and fumes released during batch copper converter operations in accordance with §63.11148(a)(4)."
(d) If you own or operate a new affected source, your notification of compliance status required by §63.9(h) must include the information in paragraphs (d)(1) through (3) of this section.
(1) Your notification of compliance status must include the results of the initial performance test and monitoring data collected during the test that demonstrate compliance with the emissions limit in §63.11149(a)(1).
(2) Your notification of compliance status must include this certification of compliance, signed by a responsible official, for the work practice standard in §63.11149(a)(2): "This facility complies with the requirement to capture gases from transfer of molten materials from smelting vessels and converting vessels and convey them to a PM control device in accordance with §63.11149(a)(2)."
(3) Your notification of compliance status must include this certification of compliance, signed by a responsible official, for the work practice standard in §63.11149(a)(3): "This facility complies with the requirement to capture gases from each vessel used to refine blister copper, remelt anode copper, or remelt anode scrap, and convey them to a PM control device in accordance with §63.11149(a)(3)."
§63.11151   What definitions apply to this subpart?
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.
Blowing means the operating mode for a batch copper converter during which air or oxygen-enriched air is injected into the molten converter bath.
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 (6) of this section.
(1) Approval of an alternative non-opacity emissions standard under §63.6(g).
(2) Approval of an alternative opacity emissions standard under §63.6(h)(9).
(3) Approval of a major change to a test method under §63.7(e)(2)(ii) and (f). A "major change to test method" is defined in §63.90.
(4) Approval of a major change to monitoring under §63.8(f). A "major change to monitoring" is defined in §63.90.
(5) Approval of a major change to recordkeeping/reporting under §63.10(f). A "major change to recordkeeping/reporting" is defined in §63.90.
(6) Approval of an alternative to any electronic reporting to the EPA required by this subpart.
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.
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)(1)(i)
Operation and Maintenance Requirements  -  general duty to minimize emissions
Yes before [INSERT DATE 180 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER].
No on or after [INSERT DATE 180 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER].
See §§  63.11147(c) and 63.11148(f) for the general duty to minimize emissions at all times at existing sources. See §63.11149(c)(3) for the general duty to minimize emissions at all time at new sources.
63.6(e)(1)(ii)

Yes before [INSERT DATE 180 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER].
No on or after [INSERT DATE 180 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER].

63.6(e)(1)(iii)

Yes.

63.6(e)(3)
Startup, Shutdown, and Manufacturing Plan
Yes before [INSERT DATE 180 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER].
No on or after [INSERT DATE 180 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER].
The requirements for emergency situations for existing sources are contained in 63.11147(c)(5) and 63.11148(f)(5). See 63.11149(d) for the emergency requirements for new sources.
63.6(f)(1)
Compliance with Nonopacity Emission Standards
Yes before [INSERT DATE 180 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER].
No on or after [INSERT DATE 180 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER].

63.6(f)(2)-(f)(3)

Yes.

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

63.6(h)(1)
Compliance with Opacity and Visible Emission Standards
Yes before [INSERT DATE 180 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER].
No on or after [INSERT DATE 180 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER].
Requirements apply to new sources but not existing sources.
63.6(b)(6), (c)(3), (c)(4), (d), (e)(2), (e)(3)(ii), (h)(2)(ii), (h)(3), (h)(5)(iv), (i)(15)
Reserved
No.

63.6(h)(2)-(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)(2)-e(4), (f), (g), (h)
Performance Testing Requirements
Yes.

63.7e(1)
Performance Testing Requirements
No.

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)(1)(ii), (c)(2)-(c)(2)-(c)(8), (f), (g)
Monitoring Requirements
Yes.

63.8(c)(1)(i) and (c)(1)(iii)

Yes before [INSERT DATE 180 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER].
No on or after [INSERT DATE 180 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER].

63.8(a)(3)
Reserved
No.

63.8(a)(4)

No
Subpart EEEEEE does not require flares.
63.8(d)(1)-(d)(2), (e)
Quality Control
Yes/No
Requirements for quality control program and performance evaluations apply to new sources but not existing sources.
63.8(d)(3)

Yes before [INSERT DATE 180 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER].
No on or after [INSERT DATE 180 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER].
Requirements for quality control program and performance evaluations apply to new sources but not existing sources. See 63.11149(b)(3).
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), (f)
Recordkeeping and Reporting Requirements
Yes/No
Recordkeeping requirements apply to new sources but not existing sources.
63.10(b)(2)(iii), (b)(2)(vi)-(xiv), (b)(3), (c)(1) (c)(5)-(c)(8), (c)(10)-(c)(14), (e)(1), (e)(2)

Yes/No
Recordkeeping requirements apply to new sources but not existing sources.
63.10(b)(2)(i)-(ii), (b)(2)(iv)- (b)(2)(v)
General Recordkeeping Requirements
Yes before [INSERT DATE 180 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER]
No on or after [INSERT DATE 180 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER]
Recordkeeping requirements apply to new sources but not existing sources. See 63.11149(c)(4).
63.10(c)(2)-(c)(4), (c)(9)
Reserved
No.

63.10(c)(15)

For new sources, Yes before [INSERT DATE 180 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER].
No on or after [INSERT DATE 180 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER].
Recordkeeping requirements apply to new sources but not existing sources.
63.10(d)(3), (e)(4)

No
Reporting requirements apply to new sources but not existing sources.
63.10(d)(5)
Reporting
For new sources, Yes before [INSERT DATE 180 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER].
No on or after [INSERT DATE 180 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER].
Reporting requirements apply to new sources but not existing sources. See 63.11147(e), 63.11148(h), 63.11149(e)(2).
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.


[Federal Register: July 7, 2009 (Volume 74, Number 128)]
[Rules and Regulations]
[Page 32074-32075]
[DOCID:fr07jy09-5]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-0253; Airspace Docket No. 09-ANM-2]

Modification of Class E Airspace; Twin Falls, ID

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This action will modify Class E airspace at Twin Falls, ID.
Additional controlled airspace is necessary to accommodate aircraft
using a new VHF Omni-Directional Radio Range (VOR) Standard Instrument
Approach Procedure (SIAP) at Twin Falls Joslin Field--Magic Valley
Regional, Twin Falls, ID. This will improve the safety of Instrument
Flight Rules (IFR) aircraft executing the new VOR SIAP at Twin Falls
Joslin Field--Magic Valley Regional, Twin Falls, ID.

DATES: Effective Date: 0901 UTC, October 22, 2009. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Eldon Taylor, Federal Aviation
Administration, Operations Support

Group, Western Service Center, 1601 Lind Avenue SW., Renton, WA, 98057;
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    On April 15, 2009, the FAA published in the Federal Register a
notice of proposed rulemaking to establish additional controlled
airspace at Twin Falls, ID (74 FR 17441). Interested parties were
invited to participate in this rulemaking effort by submitting written
comments on the proposal to the FAA. No comments were received.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.9S signed October 3, 2008, and effective October 31,
2008, which is incorporated by reference in 14 CFR part 71.1. The Class
E airspace designations listed in this document will be published
subsequently in that Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
part 71 by amending the Class E airspace at Twin Falls, ID. Additional
controlled airspace is necessary to accommodate IFR aircraft executing
a new VOR approach procedure at Twin Falls Joslin Field--Magic Valley
Regional, Twin Falls, ID.
    The FAA has determined this regulation only involves an established
body of technical regulations for which frequent and routine amendments
are necessary to keep them operationally current. Therefore, this
regulation: (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act. The FAA's authority to
issue rules regarding aviation safety is found in Title 49 of the U.S.
Code. Subtitle 1, Section 106, discusses the authority of the FAA
Administrator. Subtitle VII, Aviation Programs, describes in more
detail the scope of the agency's authority. This rulemaking is
promulgated under the authority described in Subtitle VII, Part A,
Subpart I, Section 40103. Under that section, the FAA is charged with
prescribing regulations to assign the use of airspace necessary to
ensure the safety of aircraft and the efficient use of airspace. This
regulation is within the scope of that authority as it establishes
additional controlled airspace at Twin Falls Joslin Field--Magic Valley
Regional, Twin Falls, ID.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

0
In consideration of the foregoing, the Federal Aviation Administration
amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9S, Airspace Designations and
Reporting Points, signed October 3, 2008, and effective October 31,
2008 is amended as follows:

Paragraph 6005. Class E airspace areas extending upward from 700
feet or more above the surface of the earth.

* * * * *

ANM ID E5 Twin Falls, ID [Modified]

Twin Falls Joslin Field--Magic Valley Regional, ID
    (Lat. 42[deg]28'55'' N., long. 114[deg]29'16'' W.)
Twin Falls VORTAC
    (Lat. 42[deg]28'47'' N., long. 114[deg]29'22'' W.)

    That airspace extending upward from 700 feet above the surface
within 10.5 miles north and 4.3 miles south of the Twin Falls VORTAC
086[deg] radial extending 26.1 miles east, and within 4.3 miles each
side of the VORTAC 156[deg] radial extending from the VORTAC to 8.3
miles southeast of the VORTAC, and within 10.3 miles north and 7.3
miles south of the VORTAC 281[deg] radial extending 20 miles west;
that airspace extending upward from 1,200 feet above the surface
bounded on the northeast by a line beginning at the intersection of
long. 114[deg]01'03'' W. and V-500, extending south along long.
114[deg]01'03'' W., to V-269, southwest along V-269 to the 18.3-mile
radius of the Twin Falls VORTAC, thence clockwise via the 18.3-mile
radius to V-484, northwest along V-484 to the 14.4-mile radius of
the Twin Falls VORTAC, thence clockwise along the 14.4-mile radius
to V-293, southwest along V-293 to the intersection of V-293 and
long. 115[deg]00'00'' W., thence north along long. 115[deg]00'00''
W. to a point 7.9 miles southwest of V-253, thence northwest and
parallel to V-253 for 25.9 miles, thence to the intersection of V-4,
V-253, and V-330, east along V-330 to V-293, north along V-293 to V-
500, then to the point of beginning; excluding that airspace within
Federal airways.
* * * * *

    Issued in Seattle, Washington, on June 26, 2009.
H. Steve Karnes,
Acting Manager, Operations Support Group, Western Service Center.
[FR Doc. E9-15873 Filed 7-6-09; 8:45 am]

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