verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR part 63 are listed in 40 CFR part 9. When this
ICR is approved by OMB, the Agency will publish a technical amendment
to 40 CFR part 9 in the Federal Register to display the OMB control
number for the approved information collection requirements contained
in this final rule.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
rule would not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small not-for-profit enterprises, and small governmental jurisdictions.
    For the purposes of assessing the impacts of the area source NESHAP
on small entities, small entity is defined as: (1) A small business
that meets the Small Business Administration size standards for small
businesses found at 13 CFR 121.201 (less than 1,000 employees for
acrylic and modacrylic fibers production and chromium compounds
manufacturing and less than 500 employees for carbon black production,
flexible polyurethane foam production and fabrication, lead-acid
battery manufacturing, and wood preserving); (2) a small governmental
jurisdiction that is a government of a city, county, town, school
district, or special district with a population of less than 50,000;
and (3) a small organization that is any not-for-profit enterprise
which is independently owned and operated and is not dominant in its
field.
    After considering the economic impacts of the proposed rules on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. There will
not be adverse impacts on existing area sources in any of the seven
source categories because the final rules do not create any new
requirements or burdens for existing sources other than minimal
notification requirements.
    Although the final NESHAP contain emissions control requirements
for new area sources in all seven source categories, we are not
specifically aware of any new sources being constructed now or planned
in the next 3 years, and consequently, we did not estimate any impacts
for new sources.
    Although this final rule will not have a significant economic
impact on a substantial number of small entities, EPA nonetheless has
tried to reduce the impact of this rule on small entities. These final
rules are designed to harmonize with existing State or local
requirements.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures by State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
1 year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and

adopt the least costly, most cost-effective, or least burdensome
alternative that achieves the objectives of the rule. The provisions of
section 205 do not apply when they are inconsistent with applicable
law. Moreover, section 205 allows EPA to adopt an alternative other
than the least costly, most cost-effective, or least burdensome
alternative if the Administrator publishes with the final rule an
explanation why that alternative was not adopted. Before EPA
establishes any regulatory requirements that may significantly or
uniquely affect small governments, including tribal governments, it
must have developed under section 203 of the UMRA a small government
agency plan. The plan must provide for notifying potentially affected
small governments, enabling officials of affected small governments to
have meaningful and timely input in the development of EPA regulatory
proposals with significant Federal intergovernmental mandates, and
informing, educating, and advising small governments on compliance with
the regulatory requirements.
    EPA has determined that the final rules do not contain a Federal
mandate that may result in expenditures of $100 million or more for
State, local, and tribal governments, in the aggregate, or the private
sector in any one year. Thus, the final rules are not subject to the
requirements of sections 202 and 205 of the UMRA. In addition, the
final rules do not significantly or uniquely affect small governments.
The final rules contain no requirements that apply to such governments,
impose no obligations upon them, and will not result in expenditures by
them of $100 million or more in any one year or any disproportionate
impacts on them. Therefore, the final rules are not subject to section
203 of the UMRA.

E. Executive Order 13132: Federalism

    Executive Order 13132 (64 FR 43255, August 10, 1999) requires EPA
to develop an accountable process to ensure ``meaningful and timely
input by State and local officials in the development of regulatory
policies that have federalism implications.'' ``Policies that have
federalism implications'' are defined in the Executive Order to include
regulations that have ``substantial direct effects on the States, on
the relationship between the national government and the States, or on
the distribution of power and responsibilities among the various levels
of government.''
    These final rules do not have federalism implications. They will
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. These final rules impose
requirements on owners and operators of specified area sources and not
State and local governments. Thus, Executive Order 13132 does not apply
to these final rules.

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

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

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

    Executive Order 13045, ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies
to any rule that: (1) Is determined to be ``economically significant''
as defined under Executive Order 12866, and (2) concerns an
environmental health or safety risk that EPA has reason to believe may
have a disproportionate effect on children. If the regulatory action
meets both criteria, EPA must evaluate the environmental health or
safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
    EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern health or safety risks, such that the
analysis required under section 5-501 of the Executive Order has the
potential to influence the regulation. These final rules are not
subject to Executive Order 13045 because they are not economically
significant and because they are based on technology performance and
not on health or safety risks.

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

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

I. National Technology Transfer Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) of 1995 (Pub. L. No. 104-113, Section 12(d), 15 U.S.C. 272
note) directs EPA to use voluntary consensus standards (VCS) in its
regulatory activities, unless to do so would be inconsistent with
applicable law or otherwise impractical. The VCS are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
VCS bodies. The NTTAA directs EPA to provide Congress, through OMB,
explanations when the Agency does not use available and applicable VCS.
    The final rules involve technical standards. The EPA cites the
following standards: EPA Methods 1, 1A, 2, 2A, 2C, 2D, 2F, 2G, 3, 3A,
3B, 4, 5, 5D, 9 and 22 in 40 CFR part 60, appendix A. The method ASME
PTC 19.10-1981, ``Flue and Exhaust Gas Analyses,'' (incorporated by
reference--see 40 CFR 63.14) is cited in one of these final rules for
its manual method for measuring the oxygen, carbon dioxide, and carbon
monoxide content of the exhaust gas. This part of ASME PTC 19.10-1981
is an acceptable alternative to EPA Method 3B. This ASTM method is a
VCS.
    Consistent with the NTTAA, EPA conducted searches to identify VCS
in addition to these EPA methods. No applicable VCS were identified for
EPA Methods 1A, 2A, 2D, 2F, 2G, 5D, 9 or 22. The search and review
results are in the docket for these final rules.
    The search for emissions measurement procedures identified 12 other
VCS. The EPA determined that these 12 standards identified for
measuring emissions of the HAP or surrogates subject to emissions
standards in these final rules were impractical alternatives to EPA
test

methods. Therefore, EPA does not intend to adopt these standards for
this purpose. The reasons for the determinations for the 12 methods are
discussed in a memorandum included in the docket for these final rules.
    For the methods required or referenced by these final rules, a
source may apply to EPA for permission to use alternative test methods
or alternative monitoring requirements in place of any required testing
methods, performance specifications, or procedures under Sec.  63.7(f)
and Sec.  63.8(f) of subpart A of the General Provisions.

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

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
    EPA has determined that these final rules will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because they increase the
level of environmental protection for all affected populations without
having any disproportionately high and adverse human health or
environmental effects on any population, including any minority or low-
income population. These final rules establish national standards for
each area source category.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801, et seq., as added by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of Congress and to the Comptroller General
of the United States. The EPA will submit a report containing these
final rules and other required information to the U.S. Senate, the U.S.
House of Representatives, and the Comptroller General of the United
States prior to publication of the final rules in the Federal Register.
A major rule cannot take effect until 60 days after it is published in
the Federal Register. This action is not a ``major rule'' as defined by
5 U.S.C. 804(2). These final rules will be effective on July 16, 2007.

List of Subjects in 40 CFR Part 63

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

    Dated: June 15, 2007.
Stephen L. Johnson,
Administrator.

0
For the reasons stated in the preamble, title 40, chapter I, part 63 of
the Code of Federal Regulations is amended as follows:

PART 63--[AMENDED]

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

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

Subpart A--[Amended]

0
2. Section 63.14 is amended by revising paragraph (i)(1) to read as
follows:

Sec.  63.14  Incorporations by reference.

* * * * *
    (i) * * *
    (1) ANSI/ASME PTC 19.10-1981, ``Flue and Exhaust Gas Analyses [Part
10, Instruments and Apparatus],'' IBR approved for Sec. Sec.
63.309(k)(1)(iii), 63.865(b), 63.3166(a)(3), 63.3360(e)(1)(iii),
63.3545(a)(3), 63.3555(a)(3), 63.4166(a)(3), 63.4362(a)(3),
63.4766(a)(3), 63.4965(a)(3), 63.5160(d)(1)(iii), 63.9307(c)(2),
63.9323(a)(3), 63.11148(e)(3)(iii), 63.11155(e)(3), 63.11162(f)(3)(iii)
and (f)(4), 63.11163(g)(1)(iii) and (g)(2), 63.11410(j)(1)(iii), and
Table 5 of subpart DDDDD of this part.
* * * * *

0
3. Part 63 is amended by adding subpart LLLLLL to read as follows:

Subpart LLLLLL--National Emission Standards for Hazardous Air
Pollutants for Acrylic and Modacrylic Fibers Production Area
Sources

Sec.

Applicability and Compliance Dates

63.11393 Am I subject to this subpart?
63.11394 What are my compliance dates?

Standards and Compliance Requirements

63.11395 What are the standards and compliance requirements for
existing sources?
63.11396 What are the standards and compliance requirements for new
sources?

Other Requirements and Information

63.11397 What General Provisions apply to this subpart?
63.11398 What definitions apply to this subpart?
63.11399 Who implements and enforces this subpart?
Table 1 to Subpart LLLLLL of Part 63--Applicability of General
Provisions to Subpart LLLLLL

Applicability and Compliance Dates

Sec.  63.11393  Am I subject to this subpart?

    (a) You are subject to this subpart if you own or operate an
acrylic or modacrylic fibers production plant 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 acrylic or modacrylic fibers plant.
    (1) An affected source is existing if you commenced construction or
reconstruction of the affected source on or before April 4, 2007.
    (2) An affected source is new if you commenced construction or
reconstruction of the affected source after April 4, 2007.
    (c) This subpart does not apply to research and development
facilities, as defined in section 112(c)(7) of the Clean Air Act (CAA).
    (d) You are exempt from the obligation to obtain a permit under 40
CFR part 70 or 40 CFR part 71, provided you are not otherwise required
by law to obtain a permit under 40 CFR 70.3(a) or 40 CFR 71.3(a).
Notwithstanding the previous sentence, you must continue to comply with
the provisions of this subpart.

Sec.  63.11394  What are my compliance dates?

    (a) If you own or operate an existing affected source, you must
achieve compliance with the applicable provisions in this subpart no
later than January 16, 2008.
    (b) If you startup a new affected source on or before July 16,
2007, you must achieve compliance with the applicable provisions of
this subpart not later than July 16, 2007.
    (c) If you startup a new affected source after July 16, 2007, you
must achieve compliance with the provisions in this subpart upon
startup of your affected source.

Standards and Compliance Requirements

Sec.  63.11395  What are the standards and compliance requirements for
existing sources?

    (a) You must operate and maintain capture or enclosure systems that
collect

the gases and fumes containing acrylonitrile (AN) released from
polymerization process equipment and monomer recovery process equipment
and convey the collected gas stream through a closed vent system to a
control device.
    (b) Except as provided in paragraph (b)(3) of this section, you
must not discharge to the atmosphere through any combination of stacks
or other vents captured gases containing AN in excess of the emissions
limits in paragraphs (b)(1) and (2) of this section.
    (1) 0.2 pounds of AN per hour (lb/hr) from the control device for
polymerization process equipment.
    (2) 0.05 lb/hr of AN from the control device for monomer recovery
process equipment.
    (3) If you do not comply with the emissions limits in paragraphs
(b)(1) and (2) of this section, you must comply with the new source
standards for process vents in Sec.  63.11396(a).
    (c) If you use a wet scrubber control device, you must comply with
the control device parameter operating limits in paragraphs (c)(1) and
(2) of this section.
    (1) You must maintain the daily average water flow rate to a wet
scrubber used to control polymerization process equipment at a minimum
of 50 liters per minute (l/min). If the water flow to the wet scrubber
ceases, the polymerization reactor(s) must be shut down.
    (2) You must maintain the daily average water flow rate to a wet
scrubber used to control monomer recovery process equipment at a
minimum of 30 l/min.
    (d) You must comply with the requirements of the New Source
Performance Standard for Volatile Organic Liquids (40 CFR part 60,
subpart Kb) for vessels that store acrylonitrile. The provisions in 40
CFR 60.114b do not apply to this subpart.
    (e) You must operate continuous parameter monitoring systems (CPMS)
to measure and record the water flow rate to a wet scrubber control
device for the polymerization process equipment and the monomer
recovery process equipment. The CPMS must record the water flow rate at
least every 15 minutes and determine and record the daily average water
flow rate.
    (f) You must determine compliance with the daily average control
device parameter operating limits for water flow rate in paragraph (c)
of this section on a monthly basis and submit a summary report to EPA
or the delegated authority on a quarterly basis. Should the daily
average water flow rate to a wet scrubber control device for the
polymerization process equipment fall below 50 l/min or the daily
average water flow rate to a wet scrubber control device for the
monomer recovery process equipment fall below 30 l/min, you must notify
EPA or the delegated authority in writing within 10 days of the
identification of the exceedance.
    (g) You must keep records of each monthly compliance determination
for the water flow rate operating parameter limits in a permanent form
suitable for inspection and retain the records for at least 2 years
following the date of each compliance determination.
    (h) You must conduct a performance test for each control device for
polymerization process equipment and monomer recovery process equipment
subject to an emissions limit in paragraph (b) of this section within
180 days of your compliance date and report the results in your
notification of compliance status. You must conduct each test according
to the requirements in Sec.  63.7 of subpart A and Sec.  63.1104 of
subpart YY. You are not required to conduct a performance test if a
prior performance test was conducted using the methods specified in
Sec.  63.1104 of subpart YY and either no process changes have been
made since the test, or you can demonstrate that the results of the
performance test, with or without adjustments, reliably demonstrate
compliance despite process changes.
    (i) If you do not use a wet scrubber control device for the
polymerization process equipment or the monomer recovery process
equipment, you must submit a monitoring plan to EPA or the delegated
authority for approval. Each plan must contain the information in
paragraphs (i)(1) through (5) of this section.
    (1) A description of the device;
    (2) Test results collected in accordance with Sec.  63.1104 of
subpart YY verifying the performance of the device for reducing AN to
the levels required by this subpart;
    (3) Operation and maintenance plan for the control device
(including a preventative maintenance schedule consistent with the
manufacturer's instructions for routine and long-term maintenance) and
continuous monitoring system.
    (4) A list of operating parameters that will be monitored to
maintain continuous compliance with the applicable emissions limits;
and
    (5) Operating parameter limits based on monitoring data collected
during the performance test.
    (j) If you do not operate a monomer recovery process that removes
AN prior to spinning, you must comply with the requirements in
paragraph (j)(1), (2), or (3) of this section for each fiber spinning
line that uses a spin dope produced from either a suspension
polymerization process or solution polymerization process.
    (1) You must reduce the AN concentration of the spin dope to less
than 100 parts per million by weight (ppmw); or
    (2) You must design and operate a fiber spinning line enclosure
according to the requirements in Sec.  63.1103(b)(4) of subpart YY and
reduce AN emissions by 85 weight-percent or more by venting emissions
from the enclosure through a closed vent system to any combination of
control devices meeting the requirements in Sec.  63.982(a)(2) of
subpart SS; or
    (3) You must reduce AN emissions from the spinning line to less
than or equal to 0.5 pounds of AN per ton (lb/ton) of acrylic and
modacrylic fiber produced.
    (k) You may change the operating limits for a wet scrubber if you
meet the requirements in paragraphs (k)(1) through (3) of this section.
    (1) Submit a written notification to the Administrator to conduct a
new performance test to revise the operating limit.
    (2) Conduct a performance test to demonstrate compliance with the
applicable emissions limit for a control device in paragraph (b) of
this section.
    (3) Establish revised operating limits according to the procedures
in paragraphs (k)(3)(i) and (ii) of this section.
    (i) Using the CPMS required in paragraph (e) of this section,
measure and record the water flow rate to the wet scrubber in intervals
of no less than 15 minutes during each AN test run.
    (ii) Determine and record the average water flow rate for each test
run. Your operating limit is the lowest average flow rate during any
test run that complies with the applicable emissions limit.
    (l) You must treat process and maintenance wastewater containing AN
in a wastewater treatment system. You must keep records that list each
process and maintenance wastewater stream that contains AN and a
process flow diagram of the wastewater treatment system that identifies
each wastewater stream.

Sec.  63.11396  What are the standards and compliance requirements for
new sources?

    (a) You must comply with the requirements in paragraph (a)(1) or
(2) of this section for each process vent where the AN concentration of
the vent stream is equal to or greater than 50 parts per million by
volume (ppmv) and

the average flow rate is equal to or greater than 0.005 cubic meters
per minute, as determined by the applicability and assessment
procedures in Sec.  63.1104 of subpart YY.
    (1) You must reduce emissions of AN by 98 weight-percent or limit
the concentration of AN in the emissions to no more than 20 ppmv,
whichever is less stringent, by venting emissions through a closed vent
system to any combination of control devices meeting the requirements
for process vents in Sec.  63.982(a)(2) of subpart SS; or
    (2) You must reduce emissions of AN by using a flare that meets the
requirements of Sec.  63.987 of subpart SS.
    (b) You must comply with the requirements in paragraph (b)(1), (2),
or (3) of this section for each fiber spinning line that uses a spin
dope produced from either a suspension polymerization process or
solution polymerization process.
    (1) You must reduce the AN concentration of the spin dope to less
than 100 ppmw; or
    (2) You must design and operate a fiber spinning line enclosure
according to the requirements in Sec.  63.1103(b)(4) of subpart YY and
reduce AN emissions by 85 weight-percent or more by venting emissions
from the enclosure through a closed vent system to any combination of
control devices meeting the requirements in Sec.  63.982(a)(2) of
subpart SS; or
    (3) You must reduce AN emissions from the spinning line to less
than or equal to 0.5 pounds of AN per ton (lb/ton) of acrylic and
modacrylic fiber produced.
    (c) You must comply with the requirements for storage vessels
holding acrylonitrile as shown in Table 2 to Sec.  63.1103(b)(3)(i) of
subpart YY.
    (d) You must comply with the requirements for equipment that
contains or contacts 10 percent by weight or more of AN and operates
300 hours per year as shown in Table 2 to Sec.  63.1103(b)(3)(i) of
subpart YY.
    (e) You must comply with the requirements for process wastewater
and maintenance wastewater from an acrylic and modacrylic fibers
production process as shown in Table 2 to Sec.  63.1103(b)(3)(i) of
subpart YY. Process wastewater and maintenance wastewater that contains
AN and is not subject to the requirements in Table 2 to Sec.
63.1103(b)(3)(i) of subpart YY must be treated in a wastewater
treatment system.
    (f) You must comply with all testing, monitoring, recordkeeping,
and reporting requirements in subpart SS (for process vents); subpart
SS or WW (for AN tanks); subpart TT or UU (for equipment leaks); and
subpart G (for process wastewater and maintenance wastewater). Only the
provisions in Sec. Sec.  63.132 through 63.148 and Sec. Sec.  63.151
through 63.153 of subpart G apply to this subpart.
    (g) If you use a control device other than a wet scrubber, flare,
incinerator, boiler, process heater, absorber, condenser, or carbon
adsorber, you must prepare and submit a monitoring plan to the
Administrator for approval. Each plan must contain the information in
paragraphs (g)(1) through (5) of this section.
    (1) A description of the device;
    (2) Test results collected in accordance with paragraph (f) of this
section verifying the performance of the device for reducing AN to the
levels required by this subpart;
    (3) Operation and maintenance plan for the control device
(including a preventative maintenance schedule consistent with the
manufacturer's instructions for routine and long-term maintenance) and
continuous monitoring system.
    (4) A list of operating parameters that will be monitored to
maintain continuous compliance with the applicable emissions limits;
and
    (5) Operating parameter limits based on monitoring data collected
during the performance test.

Other Requirements and Information

Sec.  63.11397  What General Provisions apply to this subpart?

    (a) You must meet the requirements of the General Provisions in 40
CFR part 63, subpart A, as shown in Table 1 to this subpart.
    (b) If you own or operate an existing affected source, your
notification of compliance status required by Sec.  63.9(h) must
include the following information:
    (1) This certification of compliance, signed by a responsible
official, for the standards in Sec.  63.11395(a): ``This facility
complies with the management practices required in Sec.  63.11395(a)
for operation of capture systems for polymerization process equipment
and monomer recovery process equipment.''
    (2) This certification of compliance, signed by a responsible
official, for the emissions limits in Sec.  63.11395(b): ``This
facility complies with the emissions limits in Sec.  63.11395(b)(1) and
(2) for control devices serving the polymerization process equipment
and monomer recovery process equipment based on previous performance
tests in accordance with Sec.  63.11395(h)'' or ``This facility
complies with the alternative standards for process vents in Sec.
63.11395(b)(3) based on previous performance tests and assessments in
accordance with Sec.  63.11396(f)''. If you conduct a performance test
or assessment to demonstrate compliance, you must include the results
of the performance test and/or assessment.
    (3) This certification of compliance, signed by a responsible
official, for the standards for storage tanks in Sec.  63.11396(d):
``This facility complies with the requirements of 40 CFR part 60,
subpart Kb for each tank that stores acrylonitrile.''
    (4) This certification of compliance, signed by a responsible
official, for the requirement in Table 1 to subpart LLLLLL for
preparation of a startup, shutdown, and malfunction plan: ``This
facility has prepared a startup, shutdown, and malfunction plan in
accordance with the requirements of 40 CFR 63.6(e)(3).''
    (c) If you own or operate a new affected source, your notification
of compliance status required by Sec.  63.9(h) must include:
    (1) The results of the initial performance test or compliance
demonstration for each process vent (including closed vent system and
control device, flare, or recovery device), fiber spinning line, AN
storage tank, equipment, and wastewater stream subject to this subpart.
    (2) This certification of compliance, signed by a responsible
official, for the applicable emissions limit in Sec.  63.11396(a) for
process vents: ``This facility complies with the emissions limits in
Sec.  63.11396(a) for each process vent subject to control.''
    (3) This certification of compliance, signed by a responsible
official, for the applicable emissions limit in Sec.  63.11396(b) for
each fiber spinning line: ``This facility complies with the emissions
limit and/or management practice requirements in Sec.  63.11396(b)(1),
(2), or (3) for each fiber spinning line.''
    (4) This certification of compliance, signed by a responsible
official, for the storage tank requirements in Sec.  63.11396(c):
``This facility complies with the requirements for storage vessels
holding acrylonitrile as shown in Table 2 to Sec.  63.1103(b)(3)(i) of
subpart YY.''
    (5) This certification of compliance, signed by a responsible
official, for the equipment leak requirements in Sec.  63.11396(d):
``This facility complies with the requirements for all equipment that
contains or contacts 10 percent by weight or more of AN and operates
300 hours per year or more as shown in Table 2 to Sec.
63.1103(b)(3)(i) of subpart YY.''

    (6) This certification of compliance, signed by a responsible
official, for the process wastewater and maintenance wastewater
requirements in Sec.  63.11396(e): ``This facility complies with the
requirements in Table 2 to Sec.  63.1103(b)(3)(i) of subpart YY for
each process wastewater stream and each maintenance wastewater
stream.''
    (d) If you own or operate a new affected source, you must report
any deviation from the requirements of this subpart in the semiannual
report required by 40 CFR 63.10(e)(3).

Sec.  63.11398  What definitions apply to this subpart?

    Acrylic fiber means a manufactured synthetic fiber in which the
fiber-forming substance is any long-chain synthetic polymer composed of
at least 85 percent by weight of acrylonitrile units.
    Acrylic and modacrylic fibers production means the production of
either of the following synthetic fibers composed of acrylonitrile
units: acrylic fiber or modacrylic fiber.
    Acrylonitrile solution polymerization means a process where
acrylonitrile and comonomers are dissolved in a solvent to form a
polymer solution (typically polyacrylonitrile). The polyacrylonitrile
is soluble in the solvent. In contrast to suspension polymerization,
the resulting reactor polymer solution (spin dope) is filtered and
pumped directly to the fiber spinning process.
    Acrylonitrile suspension polymerization means a polymerization
process where small drops of acrylonitrile and comonomers are suspended
in water in the presence of a catalyst where they polymerize under
agitation. Solid beads of polymer are formed in this suspension
reaction which are subsequently filtered, washed, refiltered, and
dried. The beads must be subsequently redissolved in a solvent to
create a spin dope prior to introduction to the fiber spinning process.
    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
management practice;
    (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 management practice
in this subpart during startup, shutdown, or malfunction, regardless of
whether or not such failure is permitted by this subpart.
    Equipment means each of the following that is subject to this
subpart: pump, compressor, agitator, pressure relief device, sampling
collection system, open-ended valve or line, valve connector,
instrumentation system in organic HAP service which contains or
contacts greater than 10 percent by weight of acrylonitrile and
operates more than 300 hours per year.
    Fiber spinning line means the group of equipment and process vents
associated with acrylic or modacrylic fiber spinning operations. The
fiber spinning line includes (as applicable to the type of spinning
process used) the blending and dissolving tanks, spinning solution
filters, wet spinning units, spin bath tanks, and the equipment used
downstream of the spin bath to wash, dry, or draw the spun fiber.
    Maintenance wastewater means wastewater generated by the draining
of process fluid from components in the process unit, whose primary
product is a product produced by a source category subject to this
subpart, into an individual drain system prior to or during maintenance
activities. Maintenance wastewater can be generated during planned and
unplanned shutdowns and during periods not associated with a shutdown.
Examples of activities that can generate maintenance wastewaters
include descaling of heat exchanger tubing bundles, cleaning of
distillation column traps, draining of low legs and high point bleeds,
draining of pumps into an individual drain system, and draining of
portions of the process unit, whose primary product is a product
produced by a source category subject to this subpart, for repair.
    Modacrylic fiber means a manufactured synthetic fiber in which the
fiber-forming substance is any long-chain synthetic polymer composed of
at least 35 percent by weight of acrylonitrile units but less than 85
percent by weight of acrylonitrile units.
    Monomer recovery process equipment means the collection of process
units and associated process equipment used to reclaim the monomer for
subsequent reuse, including but not limited to polymer holding tanks,
polymer buffer tanks, monomer vacuum pump flush drum, and drum filter
vacuum pump flush drum.
    Polymerization process equipment means the collection of process
units and associated process equipment used in the acrylonitrile
polymerization process prior to the fiber spinning line, including but
not limited to acrylonitrile storage tanks, recovered monomer tanks,
monomer measuring tanks, monomer preparation tanks, monomer feed tanks,
slurry receiver tanks, polymerization reactors, and drum filters.
    Process vent means the point of discharge to the atmosphere (or
point of entry into a control device, if any) of a gas stream from the
acrylic and modacrylic fibers production process.
    Process wastewater means wastewater, which during manufacturing or
processing, comes into direct contact with or results from the
production or use of any raw material, intermediate product, finished
product, by-product, or waste product.
    Responsible official means responsible official as defined at 40
CFR 70.2.
    Spin dope means the liquid mixture of polymer and solvent that is
fed to the spinneret to form the acrylic and modacrylic fibers.

Sec.  63.11399  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 pursuant to 40 CFR subpart E, then that Agency has the
authority to implement and enforce this subpart. You should contact
your U.S. EPA Regional Office to find out if this subpart is delegated
to a State, local, or tribal agency within your State.
    (b) In delegating implementation and enforcement authority of this
subpart to a State, local, or tribal agency under 40 CFR part 63,
subpart E, the approval authorities contained in paragraphs (b)(1)
through (4) of this section are retained by the Administrator of the
U.S. EPA and are not transferred to the State, local, or tribal agency.
    (1) Approval of an alternative non-opacity emissions standard under
Sec.  63.6(g).
    (2) Approval of a major change to a test method under Sec.
63.7(e)(2)(ii) and (f). A ``major change to test method'' is defined in
Sec.  63.90.
    (3) Approval of a major change to monitoring under Sec.  63.8(f). A
``major change to monitoring'' is defined in Sec.  63.90.
    (4) Approval of a major change to recordkeeping/ reporting under
Sec.  63.10(f). A ``major change to recordkeeping/reporting'' is
defined in Sec.  63.90.
    As required in Sec.  63.11397(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 LLLLLL of Part 63--Applicability of General Provisions to Subpart LLLLLL
----------------------------------------------------------------------------------------------------------------
              Citation                       Subject          Applies to subpart LLLLLL?        Explanation
----------------------------------------------------------------------------------------------------------------
63.1(a)(1), (a)(2), (a)(3), (a)(4),  Applicability.........  Yes........................
 (a)(6), (a)(10)-(a)(12) (b)(1),
 (b)(3), (c)(1), (c)(2), (c)(5),
 (e).
63.1(a)(5), (a)(7)-(a)(9), (b)(2),   Reserved..............  No.........................
 (c)(3), (c)(4), (d).
63.2...............................  Definitions...........  Yes........................
63.3...............................  Units and               Yes........................
                                      Abbreviations.
63.4...............................  Prohibited Activities   Yes........................
                                      and Circumvention.
63.5...............................  Preconstruction Review  No.........................
                                      and Notification
                                      Requirements.
63.6(a), (b)(1)-(b)(5), (b)(7),      Compliance with         Yes........................  Subpart LLLLLL
 (c)(1), (c)(2), (c)(5), (e)(1),      Standards and                                        requires new and
 (e)(3)(i), (e)(3)(iii)-(e)(3)(ix),   Maintenance                                          existing sources to
 (f) (g), (i), (j).                   Requirements.                                        comply with
                                                                                requirements for
                                                                                startups, shutdowns,
                                                                                and malfunctions in
                                                                                Sec.   63.6(e)(3).
63.6(b)(6), (c)(3), (c)(4), (d),     Reserved..............  No.........................
 (e)(2), (e)(3)(ii), (h)(3),
 (h)(5)(iv).
63.6(h)(1)-(h)(4), (h)(5)(i)-        ......................  No.........................  Subpart LLLLLL does
 (h)(5)(iii), (h)(6)-(h)(9).                                                               not include opacity
                                                                                or visible emissions
                                                                                standards or require
                                                                                a continuous opacity
                                                                                monitoring system.
63.7(a), (e), (f), (g), (h)........  Performance Testing     Yes/No.....................  Subpart LLLLLL
                                      Requirements.                                        requires performance
                                                                                tests for new and
                                                                                existing sources; a
                                                                                test for an existing
                                                                                source is not
                                                                                required if a prior
                                                                                test meets the
                                                                                conditions in Sec.
                                                                                63.11395(h).
63.7(b), (c).......................  ......................  Yes/No.....................  Requirements for
                                                                                notification of
                                                                                performance test and
                                                                                for quality assurance
                                                                                program apply to new
                                                                                sources but not
                                                                                existing sources.
63.8(a)(1), (a)(2), (b), (c)(1)-     Monitoring              Yes........................
 (c)(3), (f)(1)-(5).                  Requirements.
63.8(a)(3).........................  Reserved..............  No.........................
63.8(a)(4).........................  ......................  Yes........................  Requirements apply to
                                                                                new sources if flares
                                                                                are the selected
                                                                                control option.
63.8(c)(4)-(c)(8), (d), (e),         ......................  Yes........................  Requirements apply to
 (f)(6), (g).                                                                              new sources but not
                                                                                to existing sources.
63.9(a), (b)(1), (b)(5), (c), (d),   Notification            Yes........................
 (i), (j).                            Requirements.
63.9(e)............................  ......................  Yes/No.....................  Notification of
                                                                                performance test is
                                                                                required for new area
                                                                                sources.
63.9(b)(2).........................  ......................  Yes........................  Initial notification
                                                                                of applicability is
                                                                                required for new and
                                                                                existing area
                                                                                sources.
63.9(b)(3), (h)(4).................  Reserved..............  No.........................
63.9(b)(4), (h)(5).................  ......................  No.........................
63.9(f), (g).......................  ......................  No.........................  Subpart LLLLLL does
                                                                                not require a
                                                                                continuous opacity
                                                                                monitoring system or
                                                                                continuous emissions
                                                                                monitoring system.
63.9(h)(1)-(h)(3), (h)(6)..........  ......................  Yes........................  Notification of
                                                                                compliance status is
                                                                                required for new and
                                                                                existing area
                                                                                sources.
63.10(a)...........................  Recordkeeping           Yes........................
                                      Requirements.
63.10(b)(1)........................  ......................  Yes/No.....................  Record retention
                                                                                requirement applies
                                                                                to new area sources
                                                                                but not existing area
                                                                                sources. Subpart
                                                                                LLLLLL establishes 2-
                                                                                year retention period
                                                                                for existing area
                                                                                sources.
63.10(b)(2)........................  ......................  Yes........................  Recordkeeping
                                                                                requirements for
                                                                                startups, shutdowns,
                                                                                and malfunctions
                                                                                apply to new and
                                                                                existing area
                                                                                sources.
63.10(b)(3)........................  ......................  Yes........................  Recordkeeping
                                                                                requirements for
                                                                                applicability
                                                                                determinations apply
                                                                                to new area sources.
63.10(c)(1), (c)(5)-(c)(14)........  ......................  Yes/No.....................  Recordkeeping
                                                                                requirements for
                                                                                continuous parameter
                                                                                monitoring systems
                                                                                apply to new sources
                                                                                but not existing
                                                                                sources.
63.10(c)(2)-(c)(4), (c)(9).........  Reserved..............  No.........................
63.10(d)(1), (d)(4), (e)(1),         Reporting Requirements  Yes........................
 (e)(2), (f).
63.10(d)(2)........................  ......................  Yes........................  Report of performance
                                                                                test results applies
                                                                                to each area source
                                                                                required to conduct a
                                                                                performance test.
63.10(d)(3)........................  ......................  No.........................  Subpart LLLLLL does
                                                                                not include opacity
                                                                                or visible emissions
                                                                                limits.

63.10(d)(5)........................  ......................  Yes........................  Requirements for
                                                                                startup, shutdown,
                                                                                and malfunction
                                                                                reports apply to new
                                                                                and existing area
                                                                                sources.
(e)(1)-(e)(2), (e)(4)..............  ......................  No.........................  Subpart LLLLLL does
                                                                                not require a
                                                                                continuous emissions
                                                                                monitoring system or
                                                                                continuous opacity
                                                                                monitoring system.
63.10(e)(3)........................  ......................  Yes/No.....................  Semiannual reporting
                                                                                requirements for
                                                                                excess emissions and
                                                                                parameter monitoring
                                                                                exceedances apply to
                                                                                new area sources but
                                                                                not existing area
                                                                                sources.
63.11..............................  Control Device          Yes........................  Requirements apply to
                                      Requirements.                                        new sources if flares
                                                                                are the selected
                                                                                control option.
63.12..............................  State Authorities and   Yes........................
                                      Delegations.
63.13..............................  Addresses.............  Yes........................
63.14..............................  Incorporations by       Yes........................
                                      Reference.
63.15..............................  Availability of         Yes........................
                                      Information and
                                      Confidentiality.
63.16..............................  Performance Track       Yes........................
                                      Provisions..
----------------------------------------------------------------------------------------------------------------

0
4. Part 63 is amended by adding subpart MMMMMM to read as follows:

Subpart MMMMMM--National Emission Standards for Hazardous Air
Pollutants for Carbon Black Production Area Sources

Sec.

Applicability and Compliance Dates

63.11400 Am I subject to this subpart?
63.11401 What are my compliance dates?

Standards and Compliance Requirements

63.11402 What are the standards and compliance requirements for new
and existing sources?
63.11403 [Reserved]

Other Requirements and Information

63.11404 What General Provisions apply to this subpart?
63.11405 What definitions apply to this subpart?
63.11406 Who implements and enforces this subpart?

Applicability and Compliance Dates

Sec.  63.11400  Am I subject to this subpart?

    (a) You are subject to this subpart if you own or operate a carbon
black production facility 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 carbon black production process unit. The
affected source includes all waste management units, maintenance
wastewater, and equipment components that contain or contact HAP that
are associated with the carbon black production process unit.
    (1) An affected source is an existing source if you commenced
construction or reconstruction of the affected source on or before
April 4, 2007.
    (2) An affected source is new if you commenced construction or
reconstruction of the affected source after April 4, 2007.
    (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.

Sec.  63.11401  What are my compliance dates?

    (a) If you own or operate an existing affected source, you must
achieve compliance with the applicable provisions of this subpart by
July 16, 2007.
    (b) If you startup a new affected source on or before July 16,
2007, you must achieve compliance with the applicable provisions of
this subpart not later than July 16, 2007.
    (c) If you startup a new affected source after July 16, 2007, you
must achieve compliance with the applicable provisions of this subpart
upon startup of your affected source.

Standards and Compliance Requirements

Sec.  63.11402  What are the standards and compliance requirements for
new and existing sources?

    You must meet all the requirements in Sec.  63.1103(f) of subpart
YY.

Sec.  63.11403  [Reserved]

Other Requirements and Information

Sec.  63.11404  What General Provisions apply to this subpart?

    The provisions in 40 CFR part 63, subpart A, applicable to this
subpart are Sec. Sec.  63.1 through 63.5 and Sec. Sec.  63.11 through
63.16.

Sec.  63.11405  What definitions apply to this subpart?

    The terms used in this subpart are defined in Sec. Sec.  63.1101
and 63.1103(f)(2).

Sec.  63.11406  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 pursuant to 40 CFR subpart E, then that Agency has the
authority to implement and enforce this subpart. You should contact
your U.S. EPA Regional Office to find out if this subpart is delegated
to a State, local, or tribal agency within your State.
    (b) In delegating implementation and enforcement authority of this
subpart to a State, local, or tribal agency under 40 CFR part 63,
subpart E, the approval authorities contained in paragraphs (b)(1)
through (4) of this section are retained by the Administrator of the
U.S. EPA and are not transferred to the State, local, or tribal agency.
    (1) Approval of an alternative non-opacity emissions standard under
Sec.  63.992(b)(1).
    (2) Approval of a major change to test methods under Sec.
63.7(e)(2)(ii) and (f). A ``major change to test method'' is defined in
Sec.  63.90.

    (3) Approval of a major change to monitoring under Sec.  63.8(f). A
``major change to monitoring'' is defined in Sec.  63.90.
    (4) Approval of a major change to recordkeeping/reporting under
Sec.  63.10(f). A ``major change to recordkeeping/reporting'' is
defined in Sec.  63.90.
0
5. Part 63 is amended by adding subpart NNNNNN to read as follows:

Subpart NNNNNN--National Emission Standards for Hazardous Air
Pollutants for Chemical Manufacturing Area Sources: Chromium Compounds

Sec.

Applicability and Compliance Dates

63.11407 Am I subject to this subpart?
63.11408 What are my compliance dates?

Standards and Compliance Requirements

63.11409 What are the standards?
63.11410 What are the compliance requirements?

Other Requirements and Information

63.11411 What General Provisions apply to this subpart?
63.11412 What definitions apply to this subpart?
63.11413 Who implements and enforces this subpart?
Table 1 to Subpart NNNNNN of Part 63--HAP Emissions Units
Table 2 to Subpart NNNNNN of Part 63--Applicability of General
Provisions to Subpart NNNNNN

Applicability and Compliance Dates

Sec.  63.11407  Am I subject to this subpart?

    (a) You are subject to this subpart if you own or operate a
chromium compounds manufacturing facility 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 chromium compounds manufacturing facility.
    (1) An affected source is existing if you commenced construction or
reconstruction of the affected source on or before April 4, 2007.
    (2) An affected source is new if you commence construction or
reconstruction of the affected source after April 4, 2007.
    (c) This subpart does not apply to research and development
facilities, as defined in section 112(c)(7) of the CAA.
    (d) If you own or operate an area source subject to this subpart,
you must obtain a permit under 40 CFR part 70 or 40 CFR part 71.

Sec.  63.11408  What are my compliance dates?

    (a) If you own or operate an existing affected source, you must
achieve compliance with the applicable provisions in this subpart not
later than January 16, 2008.
    (b) If you startup a new affected source on or before July 16,
2007, you must achieve compliance with the applicable provisions of
this subpart not later than July 16, 2007.
    (c) If you startup a new affected source after July 16, 2007, you
must achieve compliance with the applicable provisions of this subpart
upon startup of your affected source.

Standards and Compliance Requirements

Sec.  63.11409  What are the standards?

    (a) You must operate a capture system that collects the gases and
fumes released during the operation of each emissions source listed in
Table 1 of this subpart and conveys the collected gas stream to a
particulate matter (PM) control device.
    (b) You must not discharge to the atmosphere through any
combination of stacks or other vents process gases from an emissions
source listed in Table 1 of this subpart that contain PM in excess of
the allowable process rate determined according to Equation 1 of this
section (for an emissions source with a process rate of less than 30
tons per hour) or Equation 2 of this section (for an emissions source
with a process rate of 30 tons per hour or greater). If more than one
process vents to a common stack, the applicable emissions limit for the
stack is the sum of allowable emissions calculated for each process
using Equation 1 or 2 of this section, as applicable.
[GRAPHIC] [TIFF OMITTED] TR16JY07.000

Where:

E = Emissions limit in pounds per hour (lb/hr); and
P = Process rate of emissions source in tons per hour (ton/hr).
[GRAPHIC] [TIFF OMITTED] TR16JY07.001

Sec.  63.11410  What are the compliance requirements?

    (a) Existing sources. If you own or operate an existing area
source, you must comply with the requirements in paragraphs (b) through
(e) of this section.
    (b) Initial control device inspection. You must conduct an initial
inspection of each PM control device according to the requirements in
paragraphs (b)(1) through (4) of this section. You must conduct each
inspection no later than 60 days after your applicable compliance date
for each installed control device which has been operated within 60
days of the compliance date. For an installed control device which has
not been operated within 60 days of the compliance date, you must
conduct an initial inspection prior to startup of the control device.
    (1) For each baghouse, you must visually inspect the system
ductwork and baghouse unit for leaks. You must also inspect the inside
of each baghouse for structural integrity and fabric filter condition.
You must record the results of the inspection and any maintenance
action in the logbook required in paragraph (d) of this section. An
initial inspection of the internal components of a baghouse is not
required if an inspection has been performed within the past 12 months.
    (2) For each dry electrostatic precipitator, you must verify the
proper functioning of the electronic controls for corona power and
rapper operation, that the corona wires are energized, and that
adequate air pressure is present on the rapper manifold. You must also
visually inspect the system ductwork and electrostatic precipitator
housing unit and hopper for leaks and inspect the interior of the
electrostatic precipitator to determine the condition and integrity of
corona wires, collection plates, hopper, and air diffuser plates. An
initial inspection of the internal components of a dry electrostatic
precipitator is not required if an inspection has been performed within
the past 24 months.
    (3) For each wet electrostatic precipitator, you must verify the
proper functioning of the electronic controls for corona power, that
the corona wires are energized, and that water flow is present. You
must also visually inspect the system ductwork and electrostatic
precipitator housing unit and hopper for leaks and inspect the interior
of the electrostatic precipitator to determine the condition and
integrity of corona wires, collection plates, plate wash spray heads,
hopper, and air diffuser plates. An initial inspection of the internal
components of a wet electrostatic precipitator is not required if an
inspection has been performed within the past 24 months.
    (4) For each wet scrubber, you must verify the presence of water
flow to the scrubber. You must also visually inspect the system
ductwork and scrubber unit for leaks and inspect the interior of the
scrubber for structural integrity and the condition of the demister and
spray nozzle.
    (i) An initial inspection of the internal components of a wet
scrubber is not required if an inspection has been performed within the
past 12 months.

    (ii) The requirement in paragraph (b)(4) of this section for
initial inspection of the internal components of a wet scrubber does
not apply to a cyclonic scrubber installed upstream of a wet or dry
electrostatic precipitator.
    (c) Periodic inspections/maintenance. Following the initial
inspections, you must perform periodic inspections and maintenance of
each PM control device according to the requirements in paragraphs
(c)(1) through (4) of this section.
    (1) You must inspect and maintain each baghouse according to the
requirements in paragraphs (c)(1)(i) and (ii) of this section.
    (i) You must conduct monthly visual inspections of the system
ductwork for leaks.
    (ii) You must conduct inspections of the interior of the baghouse
for structural integrity and to determine the condition of the fabric
filter every 12 months. If an initial inspection is not required by
paragraph (b)(1) of this section, the first inspection must not be more
than 12 months from the last inspection.
    (2) You must inspect and maintain each dry electrostatic
precipitator according to the requirements in paragraphs (c)(2)(i)
through (iii) of this section.
    (i) You must conduct a daily inspection to verify the proper
functioning of the electronic controls for corona power and rapper
operation, that the corona wires are energized, and that adequate air
pressure is present on the rapper manifold.
    (ii) You must conduct monthly visual inspections of the system
ductwork, housing unit, and hopper for leaks.
    (iii) You must conduct inspections of the interior of the
electrostatic precipitator to determine the condition and integrity of
corona wires, collection plates, plate rappers, hopper, and air
diffuser plates every 24 months.
    (3) You must inspect and maintain each wet electrostatic
precipitator according to the requirements in paragraphs (c)(3)(i)
through (iii) of this section.
    (i) You must conduct a daily inspection to verify the proper
functioning of the electronic controls for corona power, that the
corona wires are energized, and that water flow is present.
    (ii) You must conduct monthly visual inspections of the system
ductwork, electrostatic precipitator housing unit, and hopper for
leaks.
    (iii) You must conduct inspections of the interior of the
electrostatic precipitator to determine the condition and integrity of
corona wires, collection plates, plate rappers, hopper, and air
diffuser plates every 24 months. If an initial inspection is not
required by paragraph (b)(2) of this section, the first inspection must
not be more than 24 months from the last inspection.
    (4) You must inspect and maintain each wet scrubber according to
the requirements in paragraphs (c)(4)(i) through (iii) of this section.
    (i) You must conduct a daily inspection to verify the presence of
water flow to the scrubber.
    (ii) You must conduct monthly visual inspections of the system
ductwork and scrubber unit for leaks.
    (iii) You must conduct inspections of the interior of the scrubber
to determine the structural integrity and condition of the demister and
spray nozzle every 12 months. Internal inspections of cyclonic
scrubbers installed upstream of wet or dry electrostatic precipitators
are not required.
    (d) Recordkeeping requirements. You must record the results of each
inspection and maintenance action in a logbook (written or electronic
format). You must keep the logbook onsite and make the logbook
available to the permitting authority upon request. You must keep
records of the information specified in paragraphs (d)(1) through (4)
of this section for 5 years following the date of each recorded action.
    (1) The date and time of each recorded action for a fabric filter,
the results of each inspection, and the results of any maintenance
performed on the bag filters.
    (2) The date and time of each recorded action for a wet or dry
electrostatic precipitator (including ductwork), the results of each
inspection, and the results of any maintenance performed on the
electrostatic precipitator.
    (3) The date and time of each recorded action for a wet scrubber
(including ductwork), the results of each inspection, and the results
of any maintenance performed on the wet scrubber.
    (4) Records of all required monitoring data and supporting
information including all calibration and maintenance records, original
strip-chart recordings for continuous monitoring information, and
copies of all reports required by this subpart. You must maintain
records of required monitoring data in a form suitable and readily
available for expeditious review. All records must be kept onsite and
made available to EPA or the delegated authority for inspection upon
request. You must maintain records of all required monitoring data and
supporting information for at least 5 years from the date of the
monitoring sample, measurement, report, or application.
    (e) Reports. (1) You must report each deviation (an action or
condition not in accordance with the requirements of this subpart,
including upset conditions but excluding excess emissions) to the
permitting agency on the next business day after becoming aware of the
deviation. You must submit a written report within 2 business days
which identifies the probable cause of the deviation and any corrective
actions or preventative actions taken. All reports of deviations must
be certified by a responsible official.
    (2) You must submit semiannual reports of monitoring and
recordkeeping activities to your permitting authority.
    (3) You must submit the results of any maintenance performed on
each PM control device within 30 days of a written request by the
permitting authority.
    (f) New sources. If you own or operate a new affected source, you
must comply with the requirements in paragraphs (g) and (h) of this
section.
    (g) Bag leak detection systems. You must install, operate, and
maintain a bag leak detection system on all baghouses used to comply
with the PM emissions limit in Sec.  63.11409 according to paragraph
(g)(1) of this section; prepare and operate by a site-specific
monitoring plan according to paragraph (g)(2) of this section; take
corrective action according to paragraph (g)(3) of this section; and
record information according to paragraph (g)(4) of this section.
    (1) Each bag leak detection system must meet the specifications and
requirements in paragraphs (g)(1)(i) through (viii) of this section.
    (i) The bag leak detection system must be certified by the
manufacturer to be capable of detecting PM emissions at concentrations
of 0.00044 grains per actual cubic foot or less.
    (ii) The bag leak detection system sensor must provide output of
relative PM loadings. The owner or operator shall continuously record
the output from the bag leak detection system using electronic or other
means (e.g., using a strip chart recorder or a data logger).
    (iii) The bag leak detection system must be equipped with an alarm
system that will sound when the system detects an increase in relative
particulate loading over the alarm set point established according to
paragraph (g)(1)(iv) of this section, and the alarm must be located
such that it can be heard by the appropriate plant personnel.

    (iv) In the initial adjustment of the bag leak detection system,
you must establish, at a minimum, the baseline output by adjusting the
sensitivity (range) and the averaging period of the device, the alarm
set points, and the alarm delay time.
    (v) Following initial adjustment, you shall not adjust the
averaging period, alarm set point, or alarm delay time without approval
from the Administrator or delegated authority except as provided in
paragraph (g)(1)(vi) of this section.
    (vi) Once per quarter, you may adjust the sensitivity of the bag
leak detection system to account for seasonal effects, including
temperature and humidity, according to the procedures identified in the
site-specific monitoring plan required by paragraph (g)(2) of this
section.
    (vii) You must install the bag leak detection sensor downstream of
the baghouse and upstream of any wet scrubber.
    (viii) Where multiple detectors are required, the system's
instrumentation and alarm may be shared among detectors.
    (2) You must develop and submit to the Administrator or delegated
authority for approval a site-specific monitoring plan for each bag
leak detection system. You must operate and maintain the bag leak
detection system according to an approved site-specific monitoring plan
at all times. Each monitoring plan must describe the items in
paragraphs (g)(2)(i) through (vi) of this section.
    (i) Installation of the bag leak detection system;
    (ii) Initial and periodic adjustment of the bag leak detection
system, including how the alarm set-point will be established;
    (iii) Operation of the bag leak detection system, including quality
assurance procedures;
    (iv) How the bag leak detection system will be maintained,
including a routine maintenance schedule and spare parts inventory
list;
    (v) How the bag leak detection system output will be recorded and
stored; and
    (vi) Corrective action procedures as specified in paragraph (g)(3)
of this section. In approving the site-specific monitoring plan, the
Administrator or delegated authority may allow owners and operators
more than 3 hours to alleviate a specific condition that causes an
alarm if the owner or operator identifies in the monitoring plan this
specific condition as one that could lead to an alarm, adequately
explains why it is not feasible to alleviate this condition within 3
hours of the time the alarm occurs, and demonstrates that the requested
time will ensure alleviation of this condition as expeditiously as
practicable.
    (3) For each bag leak detection system, you must initiate
procedures to determine the cause of every alarm within 1 hour of the
alarm. Except as provided in paragraph (g)(2)(vi) of this section, you
must alleviate the cause of the alarm within 3 hours of the alarm by
taking whatever corrective action(s) are necessary. Corrective actions
may include, but are not limited to the following:
    (i) Inspecting the baghouse for air leaks, torn or broken bags or
filter media, or any other condition that may cause an increase in
particulate emissions;
    (ii) Sealing off defective bags or filter media;
    (iii) Replacing defective bags or filter media or otherwise
repairing the control device;
    (iv) Sealing off a defective baghouse compartment;
    (v) Cleaning the bag leak detection system probe or otherwise
repairing the bag leak detection system; or
    (vi) Shutting down the process producing the particulate emissions.
    (4) You must maintain records of the information specified in
paragraphs (g)(4)(i) through (iii) of this section for each bag leak
detection system.
    (i) Records of the bag leak detection system output;
    (ii) Records of bag leak detection system adjustments, including
the date and time of the adjustment, the initial bag leak detection
system settings, and the final bag leak detection system settings; and
    (iii) The date and time of all bag leak detection system alarms,
the time that procedures to determine the cause of the alarm were
initiated, the cause of the alarm, an explanation of the actions taken,
the date and time the cause of the alarm was alleviated, and whether
the alarm was alleviated within 3 hours of the alarm.
    (h) Other control devices. If you use a control device other than a
baghouse, you must prepare and submit a monitoring plan to EPA or the
delegated authority for approval. You must operate and maintain the
control device according to an approved site-specific monitoring plan
at all times. Each plan must contain the information in paragraphs
(h)(1) through (5) of this section.
    (1) A description of the device;
    (2) Test results collected in accordance with paragraph (i) of this
section verifying the performance of the device for reducing PM to the
levels required by this subpart;
    (3) Operation and maintenance plan for the control device
(including a preventative maintenance schedule consistent with the
manufacturer's instructions for routine and long-term maintenance) and
continuous monitoring system.
    (4) A list of operating parameters that will be monitored to
maintain continuous compliance with the applicable emissions limits;
and
    (5) Operating parameter limits based on monitoring data collected
during the performance test.
    (i) Performance tests. If you own or operate a new affected source,
you must conduct a performance test for each emissions source subject
to an emissions limit in Sec.  63.11409(b) within 180 days of your
compliance date and report the results in your notification of
compliance status. If you own or operate an existing affected source,
you are not required to conduct a performance test if a prior
performance test was conducted within the past 5 years of the effective
date using the same methods specified in paragraph (j) of this section
and either no process changes have been made since the test, or if you
can demonstrate that the results of the performance test, with or
without adjustments, reliably demonstrate compliance despite process
changes.
    (j) Test methods. You must conduct each performance test according
to the requirements in Sec.  63.7 and paragraphs (j)(1) through (3) of
this section.
    (1) Determine the concentration of PM according to the following
test methods in 40 CFR part 60, appendix A:
    (i) Method 1 or 1A 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 and prior to any releases
to the atmosphere.
    (ii) Method 2, 2A, 2C, 2D, 2F, or 2G to determine the volumetric
flow rate of the stack gas.
    (iii) Method 3, 3A, or 3B to determine the dry molecular weight of
the stack gas. You may use ANSI/ASME PTC 19.10-1981, ``Flue and Exhaust
Gas Analyses (incorporated by reference--see Sec.  63.14) as an
alternative to EPA Method 3B.
    (iv) Method 4 to determine the moisture content of the stack gas.
    (v) Method 5 or 5D to determine the concentration of particulate
matter (front half filterable catch only). Three valid test runs are
needed to comprise a performance test.
    (2) During the test, you must operate each emissions source within
10 percent of the normal process rate specified in your
notification of compliance status. You must monitor

and record the process rate during the test.
    (3) Compute the mass emissions (E) in pounds per hour (lb/hr) for
each test run using Equation 1 of this section and the process rate
measured during the test. The PM emissions in lb/hr must be less than
the allowable PM emissions rate for the emissions source.
[GRAPHIC] [TIFF OMITTED] TR16JY07.002

Where:

E = Mass emissions of PM, pounds per hour (lb/hr);
C = Concentration of PM, grains per dry standard cubic foot (gr/
dscf);
Q = Volumetric flow rate of stack gas, dry standard cubic foot per
hour (dscf/hr); and
K = Conversion factor, 7,000 grains per pound (gr/lb).

    (k) Startups, shutdown, and malfunctions. The requirements in
paragraphs (k)(1) and (2) of this section apply to the owner or
operator of a new or existing affected source.
    (1) Except as provided in paragraph (k)(2) of this section, you
must report emissions in excess of a PM emissions limit established by
this subpart lasting for more than 4 hours that result from a
malfunction, a breakdown of process or control equipment, or any other
abnormal condition by 9 a.m. of the next business day of becoming aware
of the occurrence. You must provide the name and location of the
facility, the nature and cause of the malfunction or breakdown, the
time when the malfunction or breakdown is first observed, the expected
duration, and the estimated rate of emissions. You must also notify EPA
or the delegated authority immediately when corrected measures have
been accomplished and, if requested, submit a written report within 15
days after the request.
    (2) As an alternative to the requirements in paragraph (k)(1) of
this section, you must comply with the startup, shutdown, and
malfunction requirements in Sec.  63.6(e)(3).

Other Requirements and Information

Sec.  63.11411  What General Provisions apply to this subpart?

    (a) You must comply with the requirements of the General Provisions
in 40 CFR part 63, subpart A as specified in Table 2 to this subpart.
    (b) Your notification of compliance status required by Sec.
63.9(h) must include the following information for a new or existing
affected source:
    (1) This certification of compliance, signed by a responsible
official, for the standards in Sec.  63.11409(a): ``This facility
complies with the management practice requirements in Sec.  63.11409(a)
for installation and operation of capture systems for each emissions
source subject to an emissions limit in Sec.  63.11409(b).''
    (2) This certification of compliance by the owner or operator of an
existing source (if applicable), signed by a responsible official, for
the emissions limits in Sec.  63.11409(b): ``This facility complies
with the emissions limits in Sec.  63.11409(b) based on a previous
performance test in accordance with Sec.  63.11410(i).''
    (3) The process rate for each emissions source subject to an
emissions limit in Sec.  63.11409(b) that represents normal and
representative production operations.
    (4) The procedures used to measure and record the process rate for
each emissions source subject to an emissions limit in Sec.
63.11409(b).
    (5) This certification of compliance by the owner or operator of an
existing affected source, signed by a responsible official, for the
control device inspection and maintenance requirements in Sec.
63.11410(b) through (d): ``This facility has conducted an initial
inspection of each control device according to the requirements in
Sec.  63.11410(b), will conduct periodic inspections and maintenance of
control devices in accordance with Sec.  63.11410(c), and will maintain
records of each inspection and maintenance action in the logbook
required by Sec.  63.11410(d).''
    (6) This certification of compliance by the owner or operator of a
new affected source, signed by a responsible official, for the bag leak
detection system monitoring plan requirement in Sec.  63.11410(g)(2):
``This facility has an approved bag leak detection system monitoring
plan in accordance with Sec.  63.11410(g)(2).''
    (7) Performance test results for each emissions unit at a new
affected source (or each emissions source at an existing affected
source if a test is required) in accordance with Sec.  63.11410(j). The
performance test results for a new affected source must identify the
daily average parameter operating limit for each PM control device.
    (8) If applicable, this certification of compliance by the owner or
operator of a new or existing source, signed by a responsible official,
for the requirement in paragraph (k)(2) of this section to comply with
the startup, shutdown, and malfunction provisions in 40 CFR 63.6(e)(3):
``This facility has prepared a startup, shutdown, and malfunction plan
in accordance with 40 CFR 63.6(e)(3)''.

Sec.  63.11412  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:
    Bag leak detection system means a system that is capable of
continuously monitoring relative particulate matter (dust loadings) in
the exhaust of a baghouse to detect bag leaks and other upset
conditions. A bag leak detection system includes, but is not limited
to, an instrument that operates on triboelectric, light scattering,
light transmittance, or other effect to continuously monitor relative
particulate matter loadings.
    Chromic acid means chromium trioxide (CrO3). It is
produced by the electrolytic reaction or acidification of sodium
dichromate.
    Chromium compounds manufacturing means any process that uses
chromite ore as the basic feedstock to manufacture chromium compounds,
primarily sodium dichromate, chromic acid, and chromic oxide.
    Chromium compounds manufacturing facility means the collection of
processes and equipment at a plant engaged in chromium compounds
manufacturing.
    Chromite ore means an oxide of chromium and iron
(FeCr2O4) that is the primary feedstock for
chromium compounds manufacturing.
    Chromic oxide means Cr2O3. In the production
of chromic oxide, ammonium sulfate and sodium dichromate that have been
concentrated by evaporation are mixed and fed to a rotary roasting kiln
to produce chromic oxide, sodium sulfate and nitrogen gas.
    Roasting means a heating (oxidizing) process where ground chromite
ore is mixed with alkaline material (such as soda ash, sodium
bicarbonate, and sodium hydroxide) and fed to a rotary kiln where it is
heated to about 2,000 [ordm]F, converting the majority of the chromium
in the ore from trivalent to hexavalent chromium.
    Sodium chromate means Na2CrO4. It is produced
by roasting chromite ore in a rotary kiln.
    Sodium dichromate means sodium bichromate or sodium bichromate
dihydrate and is known technically as sodium dichromate dihydrate
(Na2Cr2O7  2H2O).
It is produced by the electrolytic reaction or acidification of sodium
chromate.

Sec.  63.11413  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 pursuant to 40 CFR subpart E, then that Agency has the authority
to implement and enforce this subpart. You should contact your U.S. EPA
Regional Office to find out if this subpart is delegated to a State,
local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this
subpart to a State, local, or tribal agency under 40 CFR part 63,
subpart E, the authorities contained in paragraphs (b)(1) through (4)
of this section are retained by the Administrator of the U.S. EPA and
are not transferred to the State, local, or tribal agency.
    (1) Approval of an alternative non-opacity emissions standard under
Sec.  63.6(g).
    (2) Approval of a major change to test methods under Sec.
63.7(e)(2)(ii) and (f). A ``major change to test method'' is defined in
Sec.  63.90.
    (3) Approval of a major change to monitoring under Sec.  63.8(f). A
``major change to monitoring'' is defined in Sec.  63.90.
    (4) Approval of a major change to recordkeeping/reporting under
Sec.  63.10(f). A ``major change to recordkeeping/reporting'' is
defined in Sec.  63.90.
    As required in Sec.  63.11409, you must install and operate capture
systems and comply with the applicable emissions limit for each
emissions source shown in the following table.

      Table 1 To Subpart NNNNNN of Part 63.--HAP Emissions Sources
------------------------------------------------------------------------
                Process                         Emissions sources
------------------------------------------------------------------------
1. Sodium chromate production..........  a. Ball mill used to grind
                                          chromite ore.
                                         b. Dryer used to dry chromite
                                          ore.
                                         c. Rotary kiln used to roast
                                          chromite ore to produce sodium
                                          chromate.
                                         d. Secondary rotary kiln used
                                          to recycle and refine residues
                                          containing chromium compounds.
                                         e. Residue dryer system.
                                         f. Quench tanks.
2. Sodium dichromate production........  a. Stack on the electrolytic
                                          cell system used to produce
                                          sodium dichromate.
                                         b. Sodium dichromate
                                          crystallization unit.
                                         c. Sodium dichromate drying
                                          unit.
3. Chromic acid production.............  a. Electrolytic cell system
                                          used to produce chromic acid.
                                         b. Melter used to produce
                                          chromic acid.
                                         c. Chromic acid crystallization
                                          unit.
                                         d. Chromic acid dryer.
4. Chromic oxide production............  a. Primary rotary roasting kiln
                                          used to produce chromic oxide.
                                         b. Chromic oxide filter.
                                         c. Chromic oxide dryer.
                                         d. Chromic oxide grinding unit.
                                         e. Chromic oxide storage
                                          vessel.
                                         f. Secondary rotary roasting
                                          kiln.
                                         g. Quench tanks.
5. Chromium hydrate production.........  a. Furnace used to produce
                                          chromium hydrate.
                                         b. Chromium hydrate grinding
                                          unit.
------------------------------------------------------------------------

    As required in Sec.  63.11411(a), you must comply with the
requirements of the General Provisions (40 CFR part 63, subpart A) as
shown in the following table.

          Table 2 To Subpart NNNNNN of Part 63.--Applicability of General Provisions to Subpart NNNNNN
----------------------------------------------------------------------------------------------------------------
              Citation                       Subject                   Applies                  Explanation
----------------------------------------------------------------------------------------------------------------
63.1(a)(1), (a)(2), (a)(3), (a)(4),  Applicability.........  Yes.                         ......................
 (a)(6), (a)(10)-(a)(12), (b)(1),
 (b)(3), (c)(1), (c)(2), (c)(5),
 (e).
63.1(a)(5), (a)(7)-(a)(9), (b)(2),   Reserved..............  No.                          ......................
 (c)(3), (c)(4), (d).
63.2...............................  Definitions...........  Yes.                         ......................
63.3...............................  Units and               Yes.                         ......................
                                      Abbreviations.
63.4...............................  Prohibited Activities   Yes.                         ......................
                                      and Circumvention.
63.5...............................  Preconstruction Review  No.                          ......................
                                      and Notification
                                      Requirements.
63.6(a), (b)(1)-(b)(5), (b)(7),      Compliance with         Yes........................  The startup, shutdown,
 (c)(1), (c)(2), (c)(5), (e)(1),      Standards and                                        and malfunction
 (e)(3)(i), (e)(3)(iii)-(e)(3)(ix),   Maintenance                                          requirements in Sec.
 (f), (g), (i), (j).                  Requirements.                                         63.6(e)(3) apply at
                                                                                new and existing area
                                                                                sources that choose
                                                                                to comply with Sec.
                                                                                63.11410(k)(2)
                                                                                instead of the
                                                                                requirements in Sec.
                                                                                63.11410(k)(1).
63.6(b)(6), (c)(3), (c)(4), (d),     Reserved..............  No.                          ......................
 (e)(2), (e)(3)(ii), (h)(3),
 (h)(5)(iv).
63.6(h)(1)-(h)(4), (h)(5)(i)-        ......................  No.........................  Subpart NNNNNN does
 (h)(5)(iii), (h)(6)-(h)(9).                                                               not include opacity
                                                                                or visible emissions
                                                                                standards or require
                                                                                a continuous opacity
                                                                                monitoring system.
63.7(a), (e), (f), (g), (h)........  Performance Testing     Yes........................  Subpart NNNNNN
                                      Requirements.                                        requires a
                                                                                performance test for
                                                                                a new source; a test
                                                                                for an existing
                                                                                source is not
                                                                                required under the
                                                                                conditions specified
                                                                                in Sec.
                                                                                63.11410(i).
63.7(b), (c).......................  ......................  Yes/No.....................  Requirements for
                                                                                notification of
                                                                                performance test and
                                                                                for quality assurance
                                                                                program apply to new
                                                                                area sources but not
                                                                                existing area
                                                                                sources.
63.8(a)(1), (a)(2), (b), (c)(1)-     Monitoring              Yes.                         ......................
 (c)(3), (f)(1)-(5).                  Requirements.
63.8(a)(3).........................  Reserved..............  No.                          ......................
63.8(a)(4).........................  ......................  No.........................  Subpart NNNNNN does
                                                                                not require flares.
63.8(c)(4)-(c)(8), (d), (e),         ......................  No.........................  Subpart NNNNNN
 (f)(6), (g).                                                                              establishes
                                                                                requirements for
                                                                                continuous parameter
                                                                                monitoring systems.

63.9(a), (b)(1), (b)(5), (c), (d),   Notification            Yes.                         ......................
 (i), (j).                            Requirements.
63.9(e)............................  ......................  Yes/No.....................  Notification of
                                                                                performance test is
                                                                                required only for new
                                                                                area sources.
63.9(b)(2).........................  ......................  Yes.                         ......................
63.9(b)(3), (h)(4).................  Reserved..............  No.                          ......................
63.9(b)(4), (h)(5).................  ......................  No.                          ......................
63.9(f), (g).......................  ......................  No.........................  Subpart NNNNNN does
                                                                                not include opacity
                                                                                or visible emissions
                                                                                standards or require
                                                                                a continuous opacity
                                                                                monitoring system or
                                                                                continuous emissions
                                                                                monitoring system.
63.9(h)(1)-(h)(3), (h)(6)..........  ......................  Yes.                         ......................
63.10(a), (b)(1), (b)(2)(xii),       Recordkeeping           Yes.                         ......................
 (b)(2)(xiv), (b)(3).                 Requirements.
63.10(b)(2)(i)-(b)(2)(v)...........  ......................  Yes........................  Recordkeeping
                                                                                requirements for
                                                                                startups, shutdowns,
                                                                                and malfunctions
                                                                                apply to new and
                                                                                existing area sources
                                                                                that choose to comply
                                                                                with Sec.
                                                                                63.11410(k)(2).
63.10(b)(2)(vi)-(b)(2)(ix), (c)(1),  ......................  Yes/No.....................  Requirements apply to
 (c)(5)-(c)(14).                                                                           continuous parameter
                                                                                monitoring systems at
                                                                                new area sources but
                                                                                not existing area
                                                                                sources.
63.10(b)(2)(vii)(A)-(B), (b)(2)(x),  ......................  No.                          ......................
 (b)(2)(xiii).
63.10(c)(2)-(c)(4), (c)(9).........  Reserved..............  No.                          ......................
63.10(d)(1), (d)(4), (f)...........  Reporting Requirements  Yes.                         ......................
63.10(d)(2)........................  ......................  Yes........................  Report of performance
                                                                                test results applies
                                                                                to new area sources;
                                                                                the results of a
                                                                                previous test may be
                                                                                submitted for an
                                                                                existing area source
                                                                                under the conditions
                                                                                specified in Sec.
                                                                                63.11410(i).
63.10(d)(3)........................  ......................  No.........................  Subpart NNNNNN does
                                                                                not include opacity
                                                                                or visible emissions
                                                                                limits.
63.10(d)(5)........................  ......................  Yes........................  Requirements for
                                                                                startup, shutdown,
                                                                                and malfunction
                                                                                reports apply to new
                                                                                and existing area
                                                                                sources that choose
                                                                                to comply with Sec.
                                                                                63.11410(k)(2).
63.10(e)(1)-(e)(2), (e)(4).........  ......................  No.........................  Subpart NNNNNN does
                                                                                not require a
                                                                                continuous emissions
                                                                                monitoring system or
                                                                                continuous opacity
                                                                                monitoring system.
63.10(e)(3)........................  ......................  Yes/No.....................  Semiannual reporting
                                                                                requirements apply to
                                                                                new area sources but
                                                                                not existing area
                                                                                sources.
63.11..............................  Control Device          No.........................  Subpart NNNNNN does
                                      Requirements.                                        not require flares.
63.12..............................  State Authorities and   Yes.                         ......................
                                      Delegations.
63.13..............................  Addresses.............  Yes.                         ......................
63.14..............................  Incorporations by       Yes.                         ......................
                                      Reference.
63.15..............................  Availability of         Yes.                         ......................
                                      Information and
                                      Confidentiality.
63.16..............................  Performance Track       Yes.                         ......................
                                      Provisions.
----------------------------------------------------------------------------------------------------------------

0
6. Part 63 is amended by adding subpart OOOOOO to read as follows:

Subpart OOOOOO--National Emission Standards for Hazardous Air
Pollutants for Flexible Polyurethane Foam Production and
Fabrication Area Sources

Sec.

Applicability and Compliance Dates

63.11414 Am I subject to this subpart?
63.11415 What are my compliance dates?

Standards and Compliance Requirements

63.11416 What are the standards for new and existing sources?
63.11417 What are the compliance requirements for new and existing
sources?

Other Requirements and Information

63.11418 What General Provisions apply to this subpart?
63.11419 What definitions apply to this subpart?
63.11420 Who implements and enforces this subpart?
Table 1 to Subpart OOOOOO of Part 63--Applicability of General
Provisions to Subpart OOOOOO

Applicability and Compliance Dates

Sec.  63.11414  Am I subject to this subpart?

    (a) You are subject to this subpart if you own or operate an area
source of hazardous air pollutant (HAP) emissions that meets the
criteria in paragraph (a)(1) or (2) of this section.
    (1) You own or operate a plant that produces flexible polyurethane
foam or rebond foam as defined in Sec.  63.1292 of subpart III.
    (2) You own or operate a flexible polyurethane foam fabrication
facility, as defined in Sec.  63.11419.
    (b) The provisions of this subpart apply to each new and existing
affected source that meets the criteria listed in paragraphs (b)(1)
through (4) of this section.
    (1) A slabstock flexible polyurethane foam production affected
source is the collection of all equipment and activities necessary to
produce slabstock flexible polyurethane foam.

    (2) A molded flexible polyurethane foam production affected source
is the collection of all equipment and activities necessary to produce
molded foam.
    (3) A rebond foam production affected source is the collection of
all equipment and activities necessary to produce rebond foam.
    (4) A flexible polyurethane foam fabrication affected source is the
collection of all equipment and activities at a flexible polyurethane
foam fabrication facility where adhesives are used to bond foam to foam
or other substrates. Equipment and activities at flexible polyurethane
foam fabrication facilities which do not use adhesives to bond foam to
foam or other substrates are not flexible polyurethane foam fabrication
affected sources.
    (c) An affected source is existing if you commenced construction or
reconstruction of the affected source on or before April 4, 2007.
    (d) An affected source is new if you commenced construction or
reconstruction of the affected source after April 4, 2007.
    (e) This subpart does not apply to research and development
facilities, as defined in section 112(c)(7) of the Clean Air Act (CAA).
    (f) You are exempt from the obligation to obtain a permit under 40
CFR part 70 or 40 CFR part 71, provided you are not otherwise required
by law to obtain a permit under 40 CFR 70.3(a) or 40 CFR 71.3(a).
Notwithstanding the previous sentence, you must continue to comply with
the provisions of this subpart.

Sec.  63.11415  What are my compliance dates?

    (a) If you own or operate an existing slabstock flexible
polyurethane foam production affected source, you must achieve
compliance with the applicable provisions in this subpart by July 16,
2008.
    (b) If you own or operate an existing molded flexible polyurethane
foam affected source, an existing rebond foam production affected
sources, or an existing flexible polyurethane foam fabrication affected
source, you must achieve compliance with the applicable provisions in
this subpart by July 16, 2007.
    (c) If you startup a new affected source on or before July 16,
2007, you must achieve compliance with the applicable provisions in
this subpart not later than July 16, 2007.
    (d) If you startup a new affected source after July 16, 2007, you
must achieve compliance with the provisions in this subpart upon
startup of your affected source.

Standards and Compliance Requirements

Sec.  63.11416  What are the standards for new and existing sources?

    (a) If you own or operate a slabstock flexible polyurethane foam
production affected source, you must meet the requirements in paragraph
(b) of this section. If you own or operate a molded foam affected
source, you must meet the requirements in paragraph (c) of this
section. If you own or operate a rebond foam affected source, you must
meet the requirements in paragraph (d) of this section. If you own or
operate a flexible polyurethane foam fabrication affected source, you
must meet the requirements in paragraph (e) of this section.
    (b) If you own or operate a new or existing slabstock polyurethane
foam production affected source, you must comply with the requirements
in either paragraph (b)(1) or (2) of this section.
    (1) Comply with Sec.  63.1293(a) or (b) of subpart III, except that
you must use Equation 1 of this section to determine the HAP auxiliary
blowing agent (ABA) formulation limit for each foam grade instead of
Equation 3 of Sec.  63.1297 of subpart III.
    You must use zero as the formulation limitation for any grade of
foam where the result of the formulation equation (using Equation 1 of
this section) is negative (i.e., less than zero):
[GRAPHIC] [TIFF OMITTED] TR16JY07.003

where:

ABA limit = HAP ABA formulation limitation, parts
methylene chloride ABA allowed per hundred parts polyol (pph).
IFD = Indentation force deflection, pounds.
DEN = Density, pounds per cubic foot.

    (2) Use no material containing methylene chloride for any purpose
in any slabstock flexible foam production process.
    (c) If you own or operate a new or existing molded foam affected
source, you must comply with the requirements in paragraphs (c)(1) and
(2) of this section.
    (1) You must not use a material containing methylene chloride as an
equipment cleaner to flush the mixhead or use a material containing
methylene chloride elsewhere as an equipment cleaner in a molded
flexible polyurethane foam process.
    (2) You must not use a mold release agent containing methylene
chloride in a molded flexible polyurethane foam process.
    (d) If you own or operate a new or existing rebond foam affected
source, you must comply with the requirements in paragraphs (d)(1) and
(2) of this section.
    (1) You must not use a material containing methylene chloride as an
equipment cleaner in a rebond foam process.
    (2) You must not use a mold release agent containing methylene
chloride in a rebond foam process.
    (e) If you own or operate a new or existing flexible polyurethane
foam fabrication affected source, you must not use any adhesive
containing methylene chloride in a flexible polyurethane foam
fabrication process.
    (f) You may demonstrate compliance with the requirements in
paragraphs (b)(2) and (c) through (e) of this section using adhesive
usage records, Material Safety Data Sheets, and engineering
calculations.

Sec.  63.11417  What are the compliance requirements for new and
existing sources?

    (a) If you own or operate a slabstock flexible polyurethane foam
production affected source, you must comply with the requirements in
paragraph (b) of this section. If you own or operate a molded foam
affected source, rebond foam affected source, or a loop slitter at a
flexible polyurethane foam fabrication affected source you must comply
with the requirements in paragraphs (c) and (d) of this section.
    (b) Each owner or operator of a new or existing slabstock flexible
polyurethane foam production affected source who chooses to comply with
Sec.  63.11416(b)(1) must comply with paragraph (b)(1) of this section.
Each owner or operator of a new or existing slabstock flexible
polyurethane foam production affected source who chooses to comply with
Sec.  63.11416(b)(2) must comply with paragraphs (b)(2) and (3) of this
section.

    (1) You must comply with paragraphs (b)(1)(i) through (v) of this
section.
    (i) The monitoring requirements in Sec.  63.1303 of subpart III.
    (ii) The testing requirements in Sec.  63.1304 or Sec.  63.1305 of
subpart III.
    (iii) The reporting requirements in Sec.  63.1306 of subpart III,
with the exception of the reporting requirements in Sec.
63.1306(d)(1), (2), (4), and (5) of subpart III.
    (iv) The recordkeeping requirements in Sec.  63.1307 of subpart
III, with the exception of the recordkeeping requirements in Sec.
63.1307(a)(1), (b)(1)(i), and (b)(2).
    (v) The compliance demonstration requirements in Sec.  63.1308(a),
(c), and (d) of subpart III.
    (2) You must submit a notification of compliance status report no
later than 180 days after your compliance date. The report must contain
the information detailed in Sec.  63.9(h)(2)(i) paragraphs (A) and (G),
and must contain this certification of compliance, signed by a
responsible official, for the standards in Sec.  63.11416(b)(2): ``This
facility uses no material containing methylene chloride for any purpose
on any slabstock flexible foam process.''
    (3) You must maintain records of the information used to
demonstrate compliance, as required in Sec.  63.11416(f). You must
maintain the records for 5 years, with the last 2 years of data
retained on site. The remaining 3 years of data may be maintained off
site.
    (c) You must have a compliance certification on file by the
compliance date. This certification must contain the statements in
paragraph (c)(1), (2), or (3) of this section, as applicable, and must
be signed by a responsible official.
    (1) For a molded foam affected source:
    (i) ``This facility does not use any equipment cleaner to flush the
mixhead which contains methylene chloride, or any other equipment
cleaner containing methylene chloride in a molded flexible polyurethane
foam process in accordance with Sec.  63.11416(c)(1).''
    (ii) ``This facility does not use any mold release agent containing
methylene chloride in a molded flexible polyurethane foam process in
accordance with Sec.  63.11416(c)(2).''
    (2) For a rebond foam affected source:
    (i) ``This facility does not use any equipment cleaner which
contains methylene chloride in a rebond flexible polyurethane foam
process in accordance with Sec.  63.11416(d)(1).''
    (ii) ``This facility does not use any mold release agent containing
methylene chloride in a rebond flexible polyurethane foam process in
accordance with Sec.  63.11416(d)(2).''
    (3) For a flexible polyurethane foam fabrication affected source
containing a loop slitter: ``This facility does not use any adhesive
containing methylene chloride on a loop slitter process in accordance
with Sec.  63.11416(e).''
    (d) For molded foam affected sources, rebond foam affected sources,
and flexible polyurethane foam fabrication affected sources containing
a loop slitter, you must maintain records of the information used to
demonstrate compliance, as required in Sec.  63.11416(f). You must
maintain the records for 5 years, with the last 2 years of data
retained on site. The remaining 3 years of data may be maintained off
site.

Other Requirements and Information

Sec.  63.11418  What General Provisions apply to this subpart?

    The provisions in 40 CFR part 63, subpart A, applicable to sources
subject to Sec.  63.11416(b)(1) are specified in Table 1 of this
subpart.

Sec.  63.11419  What definitions apply to this subpart?

    The terms used in this subpart are defined in the CAA; Sec.
63.1292 of subpart III; Sec.  63.8830 of subpart MMMMM; Sec.  63.2 of
subpart A; and in this section as follows:
    Flexible polyurethane foam fabrication facility means a facility
where pieces of flexible polyurethane foam are cut, bonded, and/or
laminated together or to other substrates.

Sec.  63.11420  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 pursuant to 40 CFR subpart E, then that Agency has the
authority to implement and enforce this subpart. You should contact
your U.S. EPA Regional Office to find out if this subpart is delegated
to a State, local, or tribal agency within your State.
    (b) In delegating implementation and enforcement authority of this
subpart to a State, local, or tribal agency under 40 CFR part 63,
subpart E, the approval authorities contained in paragraphs (b)(1)
through (4) of this section are retained by the Administrator of the
U.S. EPA and are not transferred to the State, local, or tribal agency.
    (1) Approval of an alternative non-opacity emissions standard under
Sec.  63.6(g).
    (2) Approval of a major change to test methods under Sec.
63.7(e)(2)(ii) and (f). A ``major change to test method'' is defined in
Sec.  63.90.
    (3) Approval of a major change to monitoring under Sec.  63.8(f). A
``major change to monitoring'' is defined in Sec.  63.90.
    (4) Approval of a major change to recordkeeping/reporting under
Sec.  63.10(f). A ``major change to recordkeeping/reporting'' is
defined in Sec.  63.90.
    As required in Sec.  63.11418, 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 OOOOOO of Part 63.--Applicability of General
                      Provisions to Subpart OOOOOO
------------------------------------------------------------------------
                                    Applies to
      Subpart A reference        Subpart OOOOOO?          Comment
------------------------------------------------------------------------
Sec.   63.1...................  Yes..............
Sec.   63.2...................  Yes..............  Definitions are
                                                    modified and
                                                    supplemented by Sec.
                                                      63.11419.
Sec.   63.3...................  Yes..............
Sec.   63.4...................  Yes..............
Sec.   63.5...................  Yes..............
Sec.   63.6(a)-(d)............  Yes..............
Sec.   63.6(e)(1)-(2).........  Yes..............
Sec.   63.6(e)(3).............  No...............  Owners and operators
                                                    of subpart OOOOOO
                                                    affected sources are
                                                    not required to
                                                    develop and
                                                    implement a startup,
                                                    shutdown, and
                                                    malfunction plan.
Sec.   63.6 (f)-(g)...........  Yes..............
Sec.   63.6(h)................  No...............  Subpart OOOOOO does
                                                    not require opacity
                                                    and visible
                                                    emissions standards.
Sec.   63.6 (i)-(j)...........  Yes..............
Sec.   63.7...................  No...............  Performance tests not
                                                    required by subpart
                                                    OOOOOO.

Sec.   63.8...................  No...............  Continuous
                                                    monitoring, as
                                                    defined in subpart
                                                    A, is not required
                                                    by subpart OOOOOO.
Sec.   63.9(a)-(d)............  Yes..............
Sec.   63.9(e)-(g)............  No...............
Sec.   63.9(h)................  No...............  Subpart OOOOOO
                                                    specifies
                                                    Notification of
                                                    Compliance Status
                                                    requirements.
Sec.   63.9 (i)-(j)...........  Yes..............
Sec.   63.10(a)-(b)...........  Yes..............  Except that the
                                                    records specified in
                                                    Sec.   63.10(b)(2)
                                                    are not required.
Sec.   63.10(c)...............  No...............
Sec.   63.10(d)(1)............  Yes..............
Sec.   63.10(d)(2)-(3)........  No...............
Sec.   63.10(d)(4)............  Yes..............
Sec.   63.10(d)(5)............  No...............
Sec.   63.10(e)...............  No...............
Sec.   63.10(f)...............  Yes..............
Sec.   63.11..................  No...............
Sec.   63.12..................  Yes..............
Sec.   63.13..................  Yes..............
Sec.   63.14..................  Yes..............
Sec.   63.15..................  Yes..............
Sec.   63.16..................  Yes..............
------------------------------------------------------------------------

0
7. Part 63 is amended by adding subpart PPPPPP to read as follows:

Subpart PPPPPP--National Emission Standards for Hazardous Air
Pollutants for Lead Acid Battery Manufacturing Area Sources

Sec.

Applicability and Compliance Dates

63.11421 Am I subject to this subpart?
63.11422 What are my compliance dates?

Standards and Compliance Requirements

63.11423 What are the standards and compliance requirements for new
and existing sources?
63.11424 [Reserved]

Other Requirements and Information

63.11425 What General Provisions apply to this subpart?
63.11426 What definitions apply to this subpart?
63.11427 Who implements and enforces this subpart?
Table 1 to Subpart PPPPPPP of Part 63--Applicability of General
Provisions to Subpart PPPPPP

Applicability and Compliance Dates

Sec.  63.11421  Am I subject to this subpart?

    (a) You are subject to this subpart if you own or operate a lead
acid battery manufacturing plant that is an area source of hazardous
air pollutants (HAP) emissions.
    (b) This subpart applies to each new or existing affected source.
The affected source is each lead acid battery manufacturing plant. The
affected source includes all grid casting facilities, paste mixing
facilities, three-process operation facilities, lead oxide
manufacturing facilities, lead reclamation facilities, and any other
lead-emitting operation that is associated with the lead acid battery
manufacturing plant.
    (1) An affected source is existing if you commenced construction or
reconstruction of the affected source on or before April 4, 2007.