E. Executive Order 13132: Federalism Executive Order 13132 ( 64 FR 43255, August 10, 1999) requires EPA to develop an accountable process to ensure `` meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications.'' `` Policies that have federalism implications'' is defined in the Executive Order to include regulations that have `` substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.'' The final rule does not have federalism implications. It will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132. None of the affected facilities are owned or operated by State governments. Thus, Executive Order 13132 does not apply to the final rule.

F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments Executive Order 13175 ( 65 FR 67249, November 9, 2000) requires EPA to develop an accountable process to ensure `` meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications.'' The final rule does not have tribal implications, as specified in Executive Order 13175. It 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 VerDate Jan< 31> 2003 14: 38 Apr 11, 2003 Jkt 200001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4700 E:\ FR\ FM\ 14APR3. SGM 14APR3 18025 Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Rules and Regulations government and Indian tribes. No tribal governments own or operate coke oven batteries. Thus, Executive Order 13175 does not apply to the final rule.

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

H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use This final rule is not a `` significant energy action'' as defined in Executive Order 13211 ( 66 FR 28355, May 22, 2001) because it is not likely to have a significant adverse effect on the supply, distribution, or use of energy. Further, we have concluded that the final rule is not likely to have any adverse energy effects.

I. National Technology Transfer Advancement Act Section 12( d) of the National Technology Transfer and Advancement Act ( NTTAA) of 1995 ( Public Law 104   113; 15 U. S. C 272 note) directs EPA to use voluntary consensus standards in their regulatory and procurement activities unless to do so would be inconsistent with applicable law or otherwise impracticable. Voluntary consensus standards are technical standards ( such as material specifications, test methods, sampling procedures, business practices) developed or adopted by one or more voluntary consensus standard bodies. The NTTAA directs EPA to provide Congress, through annual reports to OMB, with explanations when an agency does not use available and applicable voluntary consensus standards. The final rule involves technical standards. The final rule requires plants to use EPA Methods 1, 2, 2F, 2G, 3, 3A, 3B, 4, 5, 5D, and 9 in 40 CFR part 60, appendix A, and PS 1 in 40 CFR part 60, appendix B. Consistent with the NTTAA, we conducted searches to identify voluntary consensus standards in addition to these EPA methods. One voluntary consensus standard was identified as applicable to PS 1. The standard, ASTM D6216 ( 1998), Standard Practice for Opacity Monitor Manufacturers to Certify Conformance with Design and Performance Specifications, has been incorporated by reference into PS 1 ( 65 FR 48920, August 10, 2000). Our search for emissions monitoring procedures identified 16 other voluntary consensus standards. We determined that 13 of these standards identified for measuring emissions of HAP or surrogates would not be practical due to lack of equivalency, detail, or quality assurance/ quality control requirements. The three remaining consensus standards identified in the search are under development or under EPA review. Therefore, the final rule does not require these voluntary consensus standards. See Docket OAR   2002   0085 for more detailed information on the search and review results. Section 63.7322 of the final rule lists the EPA test methods that coke plants are required to use when conducting a performance test. Most of these methods have been used by States and the industry for more than 10 years. Nevertheless, 40 CFR 63.7( e) and ( f) allow any State or source to apply to EPA for permission to use an alternative method in place of any of the EPA test methods or performance specifications required by a rule.

J. Congressional Review Act The Congressional Review Act, 5. U. S. C. 801 et seq., as added by the Small Business Regulatory Enforcement Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing the final rule 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 rule in the Federal Register. The final rule is not a `` major rule'' as defined by 5 U. S. C. 804( 2).

List of Subjects in 40 CFR Part 63 Environmental protection, Air pollution control, Hazardous substances, Reporting and recordkeeping requirements.

Dated: February 28, 2003. Christine Todd Whitman, Administrator.

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

PART 63   [ AMENDED]

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

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

 2. Part 63 is amended by adding subpart CCCCC to read as follows: Sec.

Subpart CCCCC   National Emission Standards for Hazardous Air Pollutants for Coke Ovens: Pushing, Quenching, and Battery Stacks What This Subpart Covers 63.7280 What is the purpose of this subpart? 63.7281 Am I subject to this subpart? 63.7282 What parts of my plant does this subpart cover? 63.7283 When do I have to comply with this subpart?

Emission Limitations and Work Practice Standards 63.7290 What emission limitations must I meet for capture systems and control devices applied to pushing emissions? 63.7291 What work practice standards must I meet for fugitive pushing emissions if I have a by product coke oven battery with vertical flues? 63.7292 What work practice standards must I meet for fugitive pushing emissions if I have a by product coke oven battery with horizontal flues? 63.7293 What work practice standards must I meet for fugitive pushing emissions if I have a non recovery coke oven battery? 63.7294 What work practice standard must I meet for soaking? 63.7295 What requirements must I meet for quenching? 63.7296 What emission limitations must I meet for battery stacks?

Operation and Maintenance Requirements 63.7300 What are my operation and maintenance requirements?

General Compliance Requirements 63.7310 What are my general requirements for complying with this subpart?

Initial Compliance Requirements 63.7320 By what date must I conduct performance tests or other initial compliance demonstrations?

VerDate Jan< 31> 2003 14: 38 Apr 11, 2003 Jkt 200001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4700 E:\ FR\ FM\ 14APR3. SGM 14APR3 18026 Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Rules and Regulations 63.7321 When must I conduct subsequent performance tests? 63.7322 What test methods and other procedures must I use to demonstrate initial compliance with the emission limits for particulate matter? 63.7323 What procedures must I use to establish operating limits? 63.7324 What procedures must I use to demonstrate initial compliance with the opacity limits? 63.7325 What test methods and other procedures must I use to demonstrate initial compliance with the TDS or constituent limits for quench water? 63.7326 How do I demonstrate initial compliance with the emission limitations that apply to me? 63.7327 How do I demonstrate initial compliance with the work practice standards that apply to me? 63.7328 How do I demonstrate initial compliance with the operation and maintenance requirements that apply to me?

Continuous Compliance Requirements 63.7330 What are my monitoring requirements? 63.7331 What are the installation, operation, and maintenance requirements for my monitors? 63.7332 How do I monitor and collect data to demonstrate continuous compliance? 63.7333 How do I demonstrate continuous compliance with the emission limitations that apply to me? 63.7334 How do I demonstrate continuous compliance with the work practice standards that apply to me? 63.7335 How do I demonstrate continuous compliance with the operation and maintenance requirements that apply to me? 63.7336 What other requirements must I meet to demonstrate continuous compliance?

Notifications, Reports, and Records 63.7340 What notifications must I submit and when? 63.7341 What reports must I submit and when? 63.7342 What records must I keep? 63.7343 In what form and how long must I keep my records?

Other Requirements and Information 63.7350 What parts of the General Provisions apply to me? 63.7351 Who implements and enforces this subpart? 63.7352 What definitions apply to this subpart?

Tables to Subpart CCCCC of Part 63 Table 1 to Subpart CCCCC of Part 63   Applicability of General Provisions to Subpart CCCCC What This Subpart Covers § 63.7280 What is the purpose of this subpart? This subpart establishes national emission standards for hazardous air pollutants ( NESHAP) for pushing, soaking, quenching, and battery stacks at coke oven batteries. This subpart also establishes requirements to demonstrate initial and continuous compliance with all applicable emission limitations, work practice standards, and operation and maintenance requirements in this subpart.

§ 63.7281 Am I subject to this subpart?

You are subject to this subpart if you own or operate a coke oven battery at a coke plant that is ( or is part of) a major source of hazardous air pollutant ( HAP) emissions. A major source of HAP is a plant site that emits or has the potential to emit any single HAP at a rate of 10 tons or more per year or any combination of HAP at a rate of 25 tons or more per year.

§ 63.7282 What parts of my plant does this subpart cover?

( a) This subpart applies to each new or existing affected source at your coke plant. The affected source is each coke oven battery. ( b) This subpart covers emissions from pushing, soaking, quenching, and battery stacks from each affected source. ( c) An affected source at your coke plant is existing if you commenced construction or reconstruction of the affected source before July 3, 2001. ( d) An affected source at your coke plant is new if you commenced construction or reconstruction of the affected source on or after July 3, 2001. An affected source is reconstructed if it meets the definition of `` reconstruction'' in § 63.2.

§ 63.7283 When do I have to comply with this subpart?

( a) If you have an existing affected source, you must comply with each emission limitation, work practice standard, and operation and maintenance requirement in this subpart that applies to you no later than April 14, 2006. ( b) If you have a new affected source and its initial startup date is on or before April 14, 2003, you must comply with each emission limitation, work practice standard, and operation and maintenance requirement in this subpart that applies to you by April 14, 2006. ( c) If you have a new affected source and its initial startup date is after April 14, 2003, you must comply with each emission limitation, work practice standard, and operation and maintenance requirement in this subpart that applies to you upon initial startup. ( d) You must meet the notification and schedule requirements in § 63.7340. Several of these notifications must be submitted before the compliance date for your affected source.

Emission Limitations and Work Practice Standards § 63.7290 What emission limitations must I meet for capture systems and control devices applied to pushing emissions?

( a) You must not discharge to the atmosphere emissions of particulate matter from a control device applied to pushing emissions from a new or existing coke oven battery that exceed the applicable limit in paragraphs ( a)( 1) through ( 4) of this section: ( 1) 0.01 grain per dry standard cubic foot ( gr/ dscf) if a cokeside shed is used to capture emissions; ( 2) 0.02 pound per ton ( lb/ ton) of coke if a moveable hood vented to a stationary control device is used to capture emissions; ( 3) If a mobile scrubber car that does not capture emissions during travel is used: ( i) 0.03 lb/ ton of coke for a control device applied to pushing emissions from a short battery, or ( ii) 0.01 lb/ ton of coke for a control device applied to pushing emissions from a tall battery; and ( 4) 0.04 lb/ ton of coke if a mobile scrubber car that captures emissions during travel is used. ( b) You must meet each operating limit in paragraphs ( b)( 1) through ( 3) of this section that applies to you for a new or existing coke oven battery. ( 1) For each venturi scrubber applied to pushing emissions, you must maintain the daily average pressure drop and scrubber water flow rate at or above the minimum levels established during the initial performance test. ( 2) For each hot water scrubber applied to pushing emissions, you must maintain the daily average water pressure and water temperature at or above the minimum levels established during the initial performance test. ( 3) For each capture system applied to pushing emissions, you must: ( i) Maintain the daily average fan motor amperes at or above the minimum level established during the initial performance test; or ( ii) Maintain the daily average volumetric flow rate at the inlet of the control device at or above the minimum level established during the initial performance test.

§ 63.7291 What work practice standards must I meet for fugitive pushing emissions if I have a by product coke oven battery with vertical flues?

( a) You must meet each requirement in paragraphs ( a)( 1) through ( 7) of this VerDate Jan< 31> 2003 14: 38 Apr 11, 2003 Jkt 200001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4700 E:\ FR\ FM\ 14APR3. SGM 14APR3 18027 Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Rules and Regulations section for each new or existing byproduct coke oven battery with vertical flues. ( 1) Observe and record the opacity of fugitive pushing emissions from each oven at least once every 90 days. If an oven cannot be observed during a 90 day period due to circumstances that were not reasonably avoidable, you must observe the opacity of the first push of that oven following the close of the 90 day period that is capable of being observed in accordance with the procedures in § 63.7334( a), and you must document why the oven was not observed within a 90 day period. All opacity observations of fugitive pushing emissions for batteries with vertical flues must be made using the procedures in § 63.7334( a). ( 2) If two or more batteries are served by the same pushing equipment and total no more than 90 ovens, the batteries as a unit can be considered a single battery. ( 3) Observe and record the opacity of fugitive pushing emissions for at least four consecutive pushes per battery each day. Exclude any push during which the observer's view is obstructed or obscured by interferences and observe the next available push to complete the set of four pushes. If necessary due to circumstances that were not reasonably avoidable, you may observe fewer than four consecutive pushes in a day; however, you must observe and record as many consecutive pushes as possible and document why four consecutive pushes could not be observed. You may observe and record one or more non consecutive pushes in addition to any consecutive pushes observed in a day. ( 4) Do not alter the pushing schedule to change the sequence of consecutive pushes to be observed on any day. Keep records indicating the legitimate operational reason for any change in your pushing schedule which results in a change in the sequence of consecutive pushes observed on any day. ( 5) If the average opacity for any individual push exceeds 30 percent opacity for any short battery or 35 percent opacity for any tall battery, you must take corrective action and/ or increase coking time for that oven. You must complete corrective action or increase coking time within either 10 calendar days or the number of days determined using Equation 1 of this section, whichever is greater:

X = 0.55 * Y ( Eq. 1) Where: X = Number of calendar days allowed to complete corrective action or increase coking time; and Y = Current coking time for the oven, hours. For the purpose of determining the number of calendar days allowed under Equation 1 of this section, day one is the first day following the day you observed an opacity in excess of 30 percent for any short battery or 35 percent for any tall battery. Any fraction produced by Equation 1 of this section must be counted as a whole day. Days during which the oven is removed from service are not included in the number of days allowed to complete corrective action. ( 6)( i) You must demonstrate that the corrective action and/ or increased coking time was successful. After a period of time no longer than the number of days allowed in paragraph ( a)( 5) of this section, observe and record the opacity of the first two pushes for the oven capable of being observed using the procedures in § 63.7334( a). The corrective action and/ or increased coking time was successful if the average opacity for each of the two pushes is 30 percent or less for a short battery or 35 percent or less for a tall battery. If the corrective action and/ or increased coking time was successful, you may return the oven to the 90 day reading rotation described in paragraph ( a)( 1) of this section. If the average opacity of either push exceeds 30 percent for a short battery or 35 percent for a tall battery, the corrective action and/ or increased coking time was unsuccessful, and you must complete additional corrective action and/ or increase coking time for that oven within the number of days allowed in paragraph ( a)( 5) of this section. ( ii) After implementing any additional corrective action and/ or increased coking time required under paragraph ( a)( 6)( i) or ( a)( 7)( ii) of this section, you must demonstrate that corrective action and/ or increased coking time was successful. After a period of time no longer than the number of days allowed in paragraph ( a)( 5) of this section, you must observe and record the opacity of the first two pushes for the oven capable of being observed using the procedures in § 63.7334( a). The corrective action and/ or increased coking time was successful if the average opacity for each of the two pushes is 30 percent or less for a short battery or 35 percent or less for a tall battery. If the corrective action and/ or increased coking time was successful, you may return the oven to the 90 day reading rotation described in paragraph ( a)( 1) of this section. If the average opacity of either push exceeds 30 percent for a short battery or 35 percent for a tall battery, the corrective action and/ or increased coking time was unsuccessful, and you must follow the procedures in paragraph ( a)( 6)( iii) of this section. ( iii) If the corrective action and/ or increased coking time was unsuccessful as described in paragraph ( a)( 6)( ii) of this section, you must repeat the procedures in paragraph ( a)( 6)( ii) of this section until the corrective action and/ or increased coking time is successful. You must report to the permitting authority as a deviation each unsuccessful attempt at corrective action and/ or increased coking time under paragraph ( a)( 6)( ii) of this section. ( 7)( i) If at any time you place an oven on increased coking time as a result of fugitive pushing emissions that exceed 30 percent for a short battery or 35 percent for a tall battery, you must keep the oven on the increased coking time until the oven qualifies for decreased coking time using the procedures in paragraph ( a)( 7)( ii) or ( a)( 7)( iii) of this section. ( ii) To qualify for a decreased coking time for an oven placed on increased coking time in accordance with paragraph ( a)( 5) or ( 6) of this section, you must operate the oven on the decreased coking time. After no more than two coking cycles on the decreased coking time, you must observe and record the opacity of the first two pushes that are capable of being observed using the procedures in § 63.7334( a). If the average opacity for each of the two pushes is 30 percent or less for a short battery or 35 percent or less for a tall battery, you may keep the oven on the decreased coking time and return the oven to the 90 day reading rotation described in paragraph ( a)( 1) of this section. If the average opacity of either push exceeds 30 percent for a short battery or 35 percent for a tall battery, the attempt to qualify for a decreased coking time was unsuccessful. You must then return the oven to the previously established increased coking time, or implement other corrective action( s) and/ or increased coking time. If you implement other corrective action and/ or a coking time that is shorter than the previously established increased coking time, you must follow the procedures in paragraph ( a)( 6)( ii) of this section to confirm that the corrective action( s) and/ or increased coking time was successful. ( iii) If the attempt to qualify for decreased coking time was unsuccessful as described in paragraph ( a)( 7)( ii) of this section, you may again attempt to qualify for decreased coking time for the oven. To do this, you must operate the oven on the decreased coking time. After no more than two coking cycles on VerDate Jan< 31> 2003 14: 38 Apr 11, 2003 Jkt 200001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4700 E:\ FR\ FM\ 14APR3. SGM 14APR3 18028 Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Rules and Regulations the decreased coking time, you must observe and record the opacity of the first two pushes that are capable of being observed using the procedures in § 63.7334( a). If the average opacity for each of the two pushes is 30 percent or less for a short battery or 35 percent or less for a tall battery, you may keep the oven on the decreased coking time and return the oven to the 90 day reading rotation described in paragraph ( a)( 1) of this section. If the average opacity of either push exceeds 30 percent for a short battery or 35 percent for a tall battery, the attempt to qualify for a decreased coking time was unsuccessful. You must then return the oven to the previously established increased coking time, or implement other corrective action( s) and/ or increased coking time. If you implement other corrective action and/ or a coking time that is shorter than the previously established increased coking time, you must follow the procedures in paragraph ( a)( 6)( ii) of this section to confirm that the corrective action( s) and/ or increased coking time was successful. ( iv) You must report to the permitting authority as a deviation the second and any subsequent consecutive unsuccessful attempts on the same oven to qualify for decreased coking time as described in paragraph ( a)( 7)( iii) of this section. ( b) As provided in § 63.6( g), you may request to use an alternative to the work practice standards in paragraph ( a) of this section.

§ 63.7292 What work practice standards must I meet for fugitive pushing emissions if I have a by product coke oven battery with horizontal flues?

( a) You must comply with each of the requirements in paragraphs ( a)( 1) through ( 4) of this section. ( 1) Prepare and operate by a written plan that will eliminate or minimize incomplete coking for each by product coke oven battery with horizontal flues. You must submit the plan and supporting documentation to the Administrator ( or delegated authority) for approval no later than 90 days after completing all observations and measurements required for the study in paragraph ( a)( 3) of this section or April 14, 2004, whichever is earlier. You must begin operating by the plan requirements by the compliance date that is specified in § 63.7283. The written plan must identify minimum flue temperatures for different coking times and a battery wide minimum acceptable flue temperature for any oven at any coking time. ( 2) Submit the written plan and supporting documentation to the Administrator ( or delegated authority) for review and approval. Include all data collected during the study described in paragraph ( a)( 3) of this section. If the Administrator ( or delegated authority) disapproves the plan, you must revise the plan as directed by the Administrator ( or delegated authority) and submit the amended plan for approval. The Administrator ( or delegated authority) may require you to collect and submit additional data. You must operate according to your submitted plan ( or submitted amended plan, if any) until the Administrator ( or delegated authority) approves your plan. ( 3) You must base your written plan on a study that you conduct that meets each of the requirements listed in paragraphs ( a)( 3)( i) through ( x) of this section. ( i) Initiate the study by July 14, 2003. Notify the Administrator ( or delegated authority) at least 7 days prior to initiating the study according to the requirements in § 63.7340( f). ( ii) Conduct the study under representative operating conditions, including but not limited to the range of moisture content and volatile matter in the coal that is charged. ( iii) Include every oven in the study and observe at least two pushes from each oven. ( iv) For each push observed, measure and record the temperature of every flue within 2 hours before the scheduled pushing time. Document the oven number, date, and time the oven was charged and pushed, and calculate the net coking time. ( v) For each push observed, document the factors to be used to identify pushes that are incompletely coked. These factors must include ( but are not limited to): average opacity during the push, average opacity during travel to the quench tower, average of six highest consecutive observations during both push and travel, highest single opacity reading, color of the emissions ( especially noting any yellow or brown emissions), presence of excessive smoke during travel to the quench tower, percent volatile matter in the coke, percent volatile matter and percent moisture in the coal that is charged, and the date the oven was last rebuilt or completely relined. Additional documentation may be provided in the form of pictures or videotape of emissions during the push and travel. All opacity observations must be conducted in accordance with the procedures in § 63.7334( a)( 3) through ( 7). ( vi) Inspect the inside walls of the oven after each observed push for cool spots as indicated by a flue that is darker than others ( the oven walls should be red hot) and record the results. ( vii) For each push observed, note where incomplete coking occurs if possible ( e. g., coke side end, pusher side end, top, or center of the coke mass). For any push with incomplete coking, investigate and document the probable cause. ( viii) Use the documented factors in paragraph ( a)( 3)( v) of this section to identify pushes that were completely coked and those that were not completely coked. Provide a rationale for the determination based on the documentation of factors observed during the study. ( ix) Use only the flue temperature and coking time data for pushes that were completely coked to identify minimum flue temperatures for various coking times. Submit the criteria used to determine complete coking, as well as a table of coking times and corresponding temperatures for complete coking as part of your plan. ( x) Determine the battery wide minimum acceptable flue temperature for any oven. This temperature will be equal to the lowest temperature that provided complete coking as determined in paragraph ( a)( 3)( ix) of this section. ( 4) You must operate according to the coking times and temperatures in your approved plan and the requirements in paragraphs ( a)( 4)( i) through ( viii) of this section. ( i) Measure and record the percent volatile matter in the coal that is charged. ( ii) Measure and record the temperature of all flues on two ovens per day within 2 hours before the scheduled pushing time for each oven. Measure and record the temperature of all flues on each oven at least once each month. ( iii) For each oven observed in accordance with paragraph ( a)( 4)( ii) of this section, record the time each oven is charged and pushed and calculate and record the net coking time. If any measured flue temperature for an oven is below the minimum flue temperature for an oven's scheduled coking time as established in the written plan, increase the coking time for the oven to the coking time in the written plan for the observed flue temperature before pushing the oven. ( iv) If you increased the coking time for any oven in accordance with paragraph ( a)( 4)( iii) of this section, you must investigate the cause of the low VerDate Jan< 31> 2003 14: 38 Apr 11, 2003 Jkt 200001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4700 E:\ FR\ FM\ 14APR3. SGM 14APR3 18029 Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Rules and Regulations flue temperature and take corrective action to fix the problem. You must continue to measure and record the temperature of all flues for the oven within 2 hours before each scheduled pushing time until the measurements meet the minimum temperature requirements for the increased coking time for two consecutive pushes. If any measured flue temperature for an oven on increased coking time falls below the minimum flue temperature for the increased coking time, as established in the written plan, you must increase the coking time for the oven to the coking time specified in the written plan for the observed flue temperature before pushing the oven. The oven must continue to operate at this coking time ( or at a longer coking time if the temperature falls below the minimum allowed for the increased coking time) until the problem has been corrected, and you have confirmed that the corrective action was successful as required by paragraph ( a)( 4)( v) of this section. ( v) Once the heating problem has been corrected, the oven may be returned to the battery's normal coking schedule. You must then measure and record the flue temperatures for the oven within 2 hours before the scheduled pushing time for the next two consecutive pushes. If any flue temperature measurement is below the minimum flue temperature for that coking time established in the written plan, repeat the procedures in paragraphs ( a)( 4)( iii) and ( iv) of this section. ( vi) If any flue temperature measurement is below the battery wide minimum acceptable temperature for complete coking established in the written plan for any oven at any coking time, you must remove the oven from service for repairs. ( vii) For an oven that has been repaired and returned to service after being removed from service in accordance with paragraph ( a)( 4)( vi) of this section, you must measure and record the temperatures of all flues for the oven within 2 hours before the first scheduled pushing time. If any flue temperature measurement is below the minimum flue temperature for the scheduled coking time, as established in the written plan, you must repeat the procedures described in paragraphs ( a)( 4)( iii) and ( iv) of this section. ( viii) For an oven that has been repaired and returned to service after removal from service in accordance with paragraph ( a)( 4)( vi) of this section, you must report as a deviation to the permitting authority any flue temperature measurement made during the initial coking cycle after return to service that is below the lowest acceptable minimum flue temperature. ( b) As provided in § 63.6( g), you may request to use an alternative to the work practice standards in paragraph ( a) of this section.

§ 63.7293 What work practice standards must I meet for fugitive pushing emissions if I have a non recovery coke oven battery? ( a) You must meet the requirements in paragraphs ( a)( 1) and ( 2) of this section for each new and existing non recovery coke oven battery. ( 1) You must visually inspect each oven prior to pushing by opening the door damper and observing the bed of coke. ( 2) Do not push the oven unless the visual inspection indicates that there is no smoke in the open space above the coke bed and that there is an unobstructed view of the door on the opposite side of the oven. ( b) As provided in § 63.6( g), you may request to use an alternative to the work practice standard in paragraph ( a) of this section.

§ 63.7294 What work practice standard must I meet for soaking? ( a) For each new and existing byproduct coke oven battery, you must prepare and operate at all times according to a written work practice plan for soaking. Each plan must include measures and procedures to: ( 1) Train topside workers to identify soaking emissions that require corrective actions. ( 2) Damper the oven off the collecting main prior to opening the standpipe cap. ( 3) Determine the cause of soaking emissions that do not ignite automatically, including emissions that result from raw coke oven gas leaking from the collecting main through the damper, and emissions that result from incomplete coking. ( 4) If soaking emissions are caused by leaks from the collecting main, take corrective actions to eliminate the soaking emissions. Corrective actions may include, but are not limited to, reseating the damper, cleaning the flushing liquor piping, using aspiration, putting the oven back on the collecting main, or igniting the emissions. ( 5) If soaking emissions are not caused by leaks from the collecting main, notify a designated responsible party. The responsible party must determine whether the soaking emissions are due to incomplete coking. If incomplete coking is the cause of the soaking emissions, you must put the oven back on the collecting main until it is completely coked or you must ignite the emissions. ( b) As provided in § 63.6( g), you may request to use an alternative to the work practice standard in paragraph ( a) of this section.

§ 63.7295 What requirements must I meet for quenching?

( a) You must meet the requirements in paragraphs ( a)( 1) and ( 2) of this section for each quench tower and backup quench station at a new or existing coke oven battery. ( 1) For the quenching of hot coke, you must meet the requirements in paragraph ( a)( 1)( i) or ( ii) of this section. ( i) The concentration of total dissolved solids ( TDS) in the water used for quenching must not exceed 1,100 milligrams per liter ( mg/ L); or ( ii) The sum of the concentrations of benzene, benzo( a) pyrene, and naphthalene in the water used for quenching must not exceed the applicable site specific limit approved by the permitting authority. ( 2) You must use acceptable makeup water, as defined in § 63.7352, as makeup water for quenching. ( b) For each quench tower at a new or existing coke oven battery and each backup quench station at a new coke oven battery, you must meet each of the requirements in paragraphs ( b)( 1) through ( 4) of this section. ( 1) You must equip each quench tower with baffles such that no more than 5 percent of the cross sectional area of the tower may be uncovered or open to the sky. ( 2) You must wash the baffles in each quench tower once each day that the tower is used to quench coke, except as specified in paragraphs ( b)( 2)( i) and ( ii) of this section. ( i) You are not required to wash the baffles in a quench tower if the highest measured ambient temperature remains less than 30 degrees Fahrenheit throughout that day ( 24 hour period). If the measured ambient temperature rises to 30 degrees Fahrenheit or more during the day, you must resume daily washing according to the schedule in your operation and maintenance plan. ( ii) You must continuously record the ambient temperature on days that the baffles were not washed. ( 3) You must inspect each quench tower monthly for damaged or missing baffles and blockage. ( 4) You must initiate repair or replacement of damaged or missing baffles within 30 days and complete as soon as practicable. ( c) As provided in § 63.6( g), you may request to use an alternative to the work practice standards in paragraph ( b) of this section.

VerDate Jan< 31> 2003 14: 38 Apr 11, 2003 Jkt 200001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4700 E:\ FR\ FM\ 14APR3. SGM 14APR3 18030 Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Rules and Regulations § 63.7296 What emission limitations must I meet for battery stacks?

You must not discharge to the atmosphere any emissions from any battery stack at a new or existing byproduct coke oven battery that exhibit an opacity greater than the applicable limit in paragraphs ( a) and ( b) of this section. ( a) Daily average of 15 percent opacity for a battery on a normal coking cycle. ( b) Daily average of 20 percent opacity for a battery on batterywide extended coking.

Operation and Maintenance Requirements § 63.7300 What are my operation and maintenance requirements?

( a) As required by § 63.6( e)( 1)( i), you must always operate and maintain your affected source, including air pollution control and monitoring equipment, in a manner consistent with good air pollution control practices for minimizing emissions at least to the levels required by this subpart. ( b) You must prepare and operate at all times according to a written operation and maintenance plan for the general operation and maintenance of new or existing by product coke oven batteries. Each plan must address, at a minimum, the elements listed in paragraphs ( b)( 1) through ( 6) of this section. ( 1) Frequency and method of recording underfiring gas parameters. ( 2) Frequency and method of recording battery operating temperature, including measurement of individual flue and cross wall temperatures. ( 3) Procedures to prevent pushing an oven before it is fully coked. ( 4) Procedures to prevent overcharging and undercharging of ovens, including measurement of coal moisture, coal bulk density, and procedures for determining volume of coal charged. ( 5) Frequency and procedures for inspecting flues, burners, and nozzles. ( 6) Schedule and procedures for the daily washing of baffles. ( c) You must prepare and operate at all times according to a written operation and maintenance plan for each capture system and control device applied to pushing emissions from a new or existing coke oven battery. Each plan must address at a minimum the elements in paragraphs ( c)( 1) through ( 3) of this section. ( 1) Monthly inspections of the equipment that are important to the performance of the total capture system ( e. g., pressure sensors, dampers, and damper switches). This inspection must include observations of the physical appearance of the equipment ( e. g., presence of holes in ductwork or hoods, flow constrictions caused by dents or accumulated dust in ductwork, and fan erosion). The operation and maintenance plan must also include requirements to repair any defect or deficiency in the capture system before the next scheduled inspection. ( 2) Preventative maintenance for each control device, including a preventative maintenance schedule that is consistent with the manufacturer's instructions for routine and long term maintenance. ( 3) Corrective action for all baghouses applied to pushing emissions. In the event a bag leak detection system alarm is triggered, you must initiate corrective action to determine the cause of the alarm within 1 hour of the alarm, initiate corrective action to correct the cause of the problem within 24 hours of the alarm, and complete the corrective action as soon as practicable. Actions may include, but are not limited to: ( i) Inspecting the baghouse for air leaks, torn or broken bags or filter media, or any other condition that may cause an increase in 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. ( vi) Shutting down the process producing the particulate emissions.

General Compliance Requirements § 63.7310 What are my general requirements for complying with this subpart?

( a) You must be in compliance with the emission limitations, work practice standards, and operation and maintenance requirements in this subpart at all times, except during periods of startup, shutdown, and malfunction as defined in § 63.2. ( b) During the period between the compliance date specified for your affected source in § 63.7283 and the date upon which continuous monitoring systems have been installed and certified and any applicable operating limits have been set, you must maintain a log detailing the operation and maintenance of the process and emissions control equipment. ( c) You must develop and implement a written startup, shutdown, and malfunction plan according to the provisions in § 63.6( e)( 3). Initial Compliance Requirements § 63.7320 By what date must I conduct performance tests or other initial compliance demonstrations? ( a) As required in § 63.7( a)( 2), you must conduct a performance test to demonstrate compliance with each limit in § 63.7290( a) for emissions of particulate matter from a control device applied to pushing emissions that applies to you within 180 calendar days after the compliance date that is specified in § 63.7283. ( b) You must conduct performance tests to demonstrate compliance with the TDS limit or constituent limit for quench water in § 63.7295( a)( 1) and each opacity limit in § 63.7297( a) for a by product coke oven battery stack by the compliance date that is specified in § 63.7283. ( c) For each work practice standard and operation and maintenance requirement that applies to you, you must demonstrate initial compliance within 30 calendar days after the compliance date that is specified in § 63.7283. ( d) If you commenced construction or reconstruction between July 3, 2001 and April 14, 2003, you must demonstrate initial compliance with either the proposed emission limit or the promulgated emission limit no later than October 14, 2003, or no later than 180 calendar days after startup of the source, whichever is later, according to § 63.7( a)( 2)( ix). ( e) If you commenced construction or reconstruction between July 3, 2001 and April 14, 2003, and you chose to comply with the proposed emission limit when demonstrating initial compliance, you must conduct a second performance test to demonstrate compliance with the promulgated emission limit by October 11, 2006, or after startup of the source, whichever is later, according to § 63.7( a)( 2)( ix).

§ 63.7321 When must I conduct subsequent performance tests? For each control device subject to an emission limit for particulate matter in § 63.7290( a), you must conduct subsequent performance tests no less frequently than twice ( at mid term and renewal) during each term of your title V operating permit.

§ 63.7322 What test methods and other procedures must I use to demonstrate initial compliance with the emission limits for particulate matter? ( a) You must conduct each performance test that applies to your affected source according to the requirements in paragraph ( b) of this section.

VerDate Jan< 31> 2003 14: 38 Apr 11, 2003 Jkt 200001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4700 E:\ FR\ FM\ 14APR3. SGM 14APR3 18031 Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Rules and Regulations ( b) To determine compliance with the emission limit for particulate matter from a control device applied to pushing emissions where a cokeside shed is the capture system, follow the test methods and procedures in paragraphs ( b)( 1) and ( 2) of this section. To determine compliance with a process weighted mass rate of particulate matter ( lb/ ton of coke) from a control device applied to pushing emissions where a cokeside shed is not used, follow the test methods and procedures in paragraphs ( b)( 1) through ( 4) of this section. ( 1) Determine the concentration of particulate matter according to the following test methods in appendix A to 40 CFR part 60. ( i) Method 1 to select sampling port locations and the number of traverse points. Sampling sites must be located at the outlet of the control device and prior to any releases to the atmosphere. ( ii) Method 2, 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. ( iv) Method 4 to determine the moisture content of the stack gas. ( v) Method 5 or 5D, as applicable, to determine the concentration of front half particulate matter in the stack gas. ( 2) During each particulate matter test run, sample only during periods of actual pushing when the capture system fan and control device are engaged. Collect a minimum sample volume of 30 cubic feet of gas during each test run. Three valid test runs are needed to comprise a performance test. Each run must start at the beginning of a push and finish at the end of a push ( i. e., sample for an integral number of pushes). ( 3) Determine the total combined weight in tons of coke pushed during the duration of each test run according to the procedures in your source test plan for calculating coke yield from the quantity of coal charged to an individual oven. ( 4) Compute the process weighted mass emissions ( Ep) for each test run using Equation 1 of this section as follows:

Ep = × × × C Q T P K ( Eq. 1)

Where: Ep = Process weighted mass emissions of particulate matter, lb/ ton; C = Concentration of particulate matter, gr/ dscf; Q = Volumetric flow rate of stack gas, dscf/ hr; T = Total time during a run that a sample is withdrawn from the stack during pushing, hr; P = Total amount of coke pushed during the test run, tons; and K = Conversion factor, 7,000 gr/ lb.

§ 63.7323 What procedures must I use to establish operating limits?

( a) For a venturi scrubber applied to pushing emissions from a coke oven battery, you must establish site specific operating limits for pressure drop and scrubber water flow rate according to the procedures in paragraphs ( a)( 1) and ( 2) of this section. ( 1) Using the continuous parameter monitoring systems ( CPMS) required in § 63.7330( b), measure and record the pressure drop and scrubber water flow rate for each particulate matter test run during periods of pushing. A minimum of one pressure drop measurement and one scrubber water flow rate measurement must be obtained for each push. ( 2) Compute and record the average pressure drop and scrubber water flow rate for each test run. Your operating limits are the lowest average pressure drop and scrubber water flow rate values recorded during any of the three runs that meet the applicable emission limit. ( b) For a hot water scrubber applied to pushing emissions from a coke oven battery, you must establish site specific operating limits for water pressure and water temperature according to the procedures in paragraphs ( b)( 1) and ( 2) of this section. ( 1) Using the CPMS required in § 63.7330( c), measure and record the hot water pressure and temperature for each particulate matter test run during periods of pushing. A minimum of one pressure measurement and one temperature measurement must be made just prior to each push by monitoring the hot water holding tank on the mobile scrubber car. ( 2) Compute and record the average water pressure and temperature for each test run. Your operating limits are the lowest pressure and temperature values recorded during any of the three runs that meet the applicable emission limit. ( c) For a capture system applied to pushing emissions from a coke oven battery, you must establish a sitespecific operating limit for the fan motor amperes or volumetric flow rate according to the procedures in paragraph ( c)( 1) or ( 2) of this section. ( 1) If you elect the operating limit in § 63.7290( b)( 3)( i) for fan motor amperes, measure and record the fan motor amperes during each push sampled for each particulate matter test run. Your operating limit is the lowest fan motor amperes recorded during any of the three runs that meet the emission limit. ( 2) If you elect the operating limit in § 63.7290( b)( 3)( ii) for volumetric flow rate, measure and record the total volumetric flow rate at the inlet of the control device during each push sampled for each particulate matter test run. Your operating limit is the lowest volumetric flow rate recorded during any of the three runs that meet the emission limit. ( d) You may change the operating limit for a scrubber or capture system if you meet the requirements in paragraphs ( d)( 1) through ( 3) of this section. ( 1) Submit a written notification to the Administrator of your request to conduct a new performance test to revise the operating limit. ( 2) Conduct a performance test to demonstrate that emissions of particulate matter from the control device do not exceed the applicable limit in § 63.7290( a). ( 3) Establish revised operating limits according to the applicable procedures in paragraph ( a) through ( c) of this section.

§ 63.7324 What procedures must I use to demonstrate initial compliance with the opacity limits? ( a) You must conduct each performance test that applies to your affected source according to the requirements in paragraph ( b) of this section. ( b) To determine compliance with the daily average opacity limit for stacks of 15 percent for a by product coke oven battery on a normal coking cycle or 20 percent for a by product coke oven battery on batterywide extended coking, follow the test methods and procedures in paragraphs ( b)( 1) through ( 3) of this section. ( 1) Using the continuous opacity monitoring system ( COMS) required in § 63.7330( e), measure and record the opacity of emissions from each battery stack for a 24 hour period. ( 2) Reduce the monitoring data to hourly averages as specified in § 63.8( g)( 2). ( 3) Compute and record the 24 hour ( daily) average of the COMS data.

§ 63.7325 What test methods and other procedures must I use to demonstrate initial compliance with the TDS or constituent limits for quench water? ( a) If you elect the TDS limit for quench water in § 63.7295( a)( 1)( i), you must conduct each performance test that applies to your affected source according to the conditions in paragraphs ( a)( 1) and ( 2) of this section.

VerDate Jan< 31> 2003 14: 38 Apr 11, 2003 Jkt 200001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4700 E:\ FR\ FM\ 14APR3. SGM 14APR3 ER14AP03.001</ MATH> 18032 Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Rules and Regulations ( 1) Take the quench water sample from a location that provides a representative sample of the quench water as applied to the coke ( e. g., from the header that feeds water to the quench tower reservoirs). Conduct sampling under normal and representative operating conditions. ( 2) Determine the TDS concentration of the sample using Method 160.1 in 40 CFR part 136.3 ( see `` residue   filterable''), except that you must dry the total filterable residue at 103 to 105 ° C ( degrees Centigrade) instead of 180 ° C. ( b) If at any time you elect to meet the alternative requirements for quench water in § 63.7295( a)( 1)( ii), you must establish a site specific constituent limit according to the procedures in paragraphs ( b)( 1) through ( 4) of this section. ( 1) Take a minimum of nine quench water samples from a location that provides a representative sample of the quench water as applied to the coke ( e. g., from the header that feeds water to the quench tower reservoirs). Conduct sampling under normal and representative operating conditions. ( 2) For each sample, determine the TDS concentration according to the requirements in paragraph ( a)( 2) of this section and the concentration of benzene, benzo( a) pyrene, and naphthalene using the applicable methods in 40 CFR part 136 or an approved alternative method. ( 3) Determine and record the highest sum of the concentrations of benzene, benzo( a) pyrene, and naphthalene in any sample that has a TDS concentration less than or equal to the TDS limit of 1,100 mg/ L. This concentration is the site specific constituent limit. ( 4) Submit the site specific limit, sampling results, and all supporting data and calculations to your permitting authority for review and approval. ( c) If you elect the constituent limit for quench water in § 63.7295( a)( 1)( ii), you must conduct each performance test that applies to your affected source according to the conditions in paragraphs ( c)( 1) and ( 2) of this section. ( 1) Take a quench water sample from a location that provides a representative sample of the quench water as applied to the coke ( e. g., from the header that feeds water to the quench tower reservoirs). Conduct sampling under normal and representative operating conditions. ( 2) Determine the sum of the concentration of benzene, benzo( a) pyrene, and naphthalene in the sample using the applicable methods in 40 CFR part 136 or an approved alternative method. § 63.7326 How do I demonstrate initial compliance with the emission limitations that apply to me? ( a) For each coke oven battery subject to the emission limit for particulate matter from a control device applied to pushing emissions, you have demonstrated initial compliance if you meet the requirements in paragraphs ( a)( 1) through ( 4) of this section that apply to you. ( 1) The concentration of particulate matter, measured in accordance with the performance test procedures in § 63.7322( b)( 1) and ( 2), did not exceed 0.01 gr/ dscf for a control device where a cokeside shed is used to capture pushing emissions or the processweighted mass rate of particulate matter ( lb/ ton of coke), measured in accordance with the performance test procedures in § 63.7322( b)( 1) through ( 4), did not exceed: ( i) 0.02 lb/ ton of coke if a moveable hood vented to a stationary control device is used to capture emissions; ( ii) If a mobile scrubber car that does not capture emissions during travel is used, 0.03 lb/ ton of coke from a control device applied to pushing emissions from a short coke oven battery or 0.01 lb/ ton of coke from a control device applied to pushing emissions from a tall coke oven battery; and ( iii) 0.04 lb/ ton of coke if a mobile scrubber car that captures emissions during travel is used. ( 2) For each venturi scrubber applied to pushing emissions, you have established appropriate site specific operating limits and have a record of the pressure drop and scrubber water flow rate measured during the performance test in accordance with § 63.7323( a). ( 3) For each hot water scrubber applied to pushing emissions, you have established appropriate site specific operating limits and have a record of the water pressure and temperature measured during the performance test in accordance with § 63.7323( b). ( 4) For each capture system applied to pushing emissions, you have established an appropriate site specific operating limit, and: ( i) If you elect the operating limit in § 63.7290( b)( 3)( i) for fan motor amperes, you have a record of the fan motor amperes during the performance test in accordance with § 63.7323( c)( 1); or ( ii) If you elect the operating limit in § 63.7290( b)( 3)( ii) for volumetric flow rate, you have a record of the total volumetric flow rate at the inlet of the control device measured during the performance test in accordance with § 63.7323( c)( 2). ( b) For each new or existing byproduct coke oven battery subject to the opacity limit for stacks in § 63.7296( a), you have demonstrated initial compliance if the daily average opacity, as measured according to the performance test procedures in § 63.7324( b), is no more than 15 percent for a battery on a normal coking cycle or 20 percent for a battery on batterywide extended coking. ( c) For each new or existing byproduct coke oven battery subject to the TDS limit or constituent limits for quench water in § 63.7295( a)( 1), ( 1) You have demonstrated initial compliance with the TDS limit in § 63.7295( a)( 1)( i) if the TDS concentration, as measured according to the performance test procedures in § 63.7325( a), does not exceed 1,100 mg/ L. ( 2) You have demonstrated initial compliance with the constituent limit in § 63.7295( a)( 1)( ii) if: ( i) You have established a site specific constituent limit according to the procedures in § 63.7325( b); and ( ii) The sum of the constituent concentrations, as measured according to the performance test procedures in § 63.7325( c), is less than or equal to the site specific limit. ( d) For each by product coke oven battery stack subject to an opacity limit in § 63.7296( a) and each by product coke oven battery subject to the requirements for quench water in § 63.7295( a)( 1), you must submit a notification of compliance status containing the results of the COMS performance test for battery stacks and the quench water performance test ( TDS or constituent limit) according to § 63.7340( e)( 1). For each particulate matter emission limitation that applies to you, you must submit a notification of compliance status containing the results of the performance test according to § 63.7340( e)( 2).

§ 63.7327 How do I demonstrate initial compliance with the work practice standards that apply to me?

( a) For each by product coke oven battery with vertical flues subject to the work practice standards for fugitive pushing emissions in § 63.7291( a), you have demonstrated initial compliance if you certify in your notification of compliance status that you will meet each of the work practice requirements beginning no later than the compliance date that is specified in § 63.7283. ( b) For each by product coke oven battery with horizontal flues subject to the work practice standards for fugitive pushing emissions in § 63.7292( a), you have demonstrated initial compliance if you have met the requirements of paragraphs ( b)( 1) and ( 2) of this section:

VerDate Jan< 31> 2003 14: 38 Apr 11, 2003 Jkt 200001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4700 E:\ FR\ FM\ 14APR3. SGM 14APR3 18033 Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Rules and Regulations ( 1) You have prepared and submitted a written plan and supporting documentation establishing appropriate minimum flue temperatures for different coking times and the lowest acceptable temperature to the Administrator ( or delegated authority) for review and approval; and ( 2) You certify in your notification of compliance status that you will meet each of the work practice requirements beginning no later than the compliance date that is specified in § 63.7283. ( c) For each non recovery coke oven battery subject to the work practice standards for fugitive pushing emissions in § 63.7293( a), you have demonstrated initial compliance if you certify in your notification of compliance status that you will meet each of the work practice requirements beginning no later than the compliance date that is specified in § 63.7283. ( d) For each by product coke oven battery subject to the work practice standards for soaking in § 63.7294, you have demonstrated initial compliance if you have met the requirements of paragraphs ( d)( 1) and ( 2) of this section: ( 1) You have prepared and submitted a written work practice plan in accordance with § 63.7294( a); and ( 2) You certify in your notification of compliance status that you will meet each of the work practice requirements beginning no later than the compliance date that is specified in § 63.7283. ( e) For each coke oven battery, you have demonstrated initial compliance with the work practice standards for quenching in § 63.7295( b) if you certify in your notification of compliance status that you have met the requirements of paragraphs ( e)( 1) and ( 2) of this section: ( 1) You have installed the required equipment in each quench tower; and ( 2) You will meet each of the work practice requirements beginning no later than the compliance date that is specified in § 63.7283. ( f) For each work practice standard that applies to you, you must submit a notification of compliance status according to the requirements in § 63.7340( e)( 1).

§ 63.7328 How do I demonstrate initial compliance with the operation and maintenance requirements that apply to me?

You have demonstrated initial compliance if you certify in your notification of compliance status that you have met the requirements of paragraphs ( a) through ( d) of this section: ( a) You have prepared the operation and maintenance plans according to the requirements in § 63.7300( b) and ( c); ( b) You will operate each by product coke oven battery and each capture system and control device applied to pushing emissions from a coke oven battery according to the procedures in the plans beginning no later than the compliance date that is specified in § 63.7283; ( c) You have prepared a site specific monitoring plan according to the requirements in § 63.7331( b); and ( d) You submit a notification of compliance status according to the requirements in § 63.7340( e).

Continuous Compliance Requirements § 63.7330 What are my monitoring requirements?

( a) For each baghouse applied to pushing emissions from a coke oven battery, you must at all times monitor the relative change in particulate matter loadings using a bag leak detection system according to the requirements in § 63.7331( a) and conduct inspections at their specified frequency according to the requirements in paragraphs ( a)( 1) through ( 8) of this section. ( 1) Monitor the pressure drop across each baghouse cell each day to ensure pressure drop is within the normal operating range identified in the manual; ( 2) Confirm that dust is being removed from hoppers through weekly visual inspections or equivalent means of ensuring the proper functioning of removal mechanisms; ( 3) Check the compressed air supply for pulse jet baghouses each day; ( 4) Monitor cleaning cycles to ensure proper operation using an appropriate methodology; ( 5) Check bag cleaning mechanisms for proper functioning through monthly visual inspection or equivalent means; ( 6) Make monthly visual checks of bag tension on reverse air and shaker type baghouses to ensure that bags are not kinked ( kneed or bent) or laying on their sides. You do not have to make this check for shaker type baghouses using self tensioning ( spring loaded) devices; ( 7) Confirm the physical integrity of the baghouse through quarterly visual inspections of the baghouse interior for air leaks; and ( 8) Inspect fans for wear, material buildup, and corrosion through quarterly visual inspections, vibration detectors, or equivalent means. ( b) For each venturi scrubber applied to pushing emissions, you must at all times monitor the pressure drop and water flow rate using a CPMS according to the requirements in § 63.7331( e). ( c) For each hot water scrubber applied to pushing emissions, you must at all times monitor the water pressure and temperature using a CPMS according to the requirements in § 63.7331( f). ( d) For each capture system applied to pushing emissions, you must at all times monitor the fan motor amperes according to the requirements in § 63.7331( g) or the volumetric flow rate according to the requirements in § 63.7331( h). ( e) For each by product coke oven battery, you must monitor at all times the opacity of emissions exiting each stack using a COMS according to the requirements in § 63.7331( i).

§ 63.7331 What are the installation, operation, and maintenance requirements for my monitors?

( a) For each baghouse applied to pushing emissions, you must install, operate, and maintain each bag leak detection system according to the requirements in paragraphs ( a)( 1) through ( 7) of this section. ( 1) The system must be certified by the manufacturer to be capable of detecting emissions of particulate matter at concentrations of 10 milligrams per actual cubic meter ( 0.0044 grains per actual cubic foot) or less; ( 2) The system must provide output of relative changes in particulate matter loadings; ( 3) The system must be equipped with an alarm that will sound when an increase in relative particulate loadings is detected over a preset level. The alarm must be located such that it can be heard by the appropriate plant personnel; ( 4) Each system that works based on the triboelectric effect must be installed, operated, and maintained in a manner consistent with the guidance document, `` Fabric Filter Bag Leak Detection Guidance'' ( EPA   454/ R   98   015, September 1997). You may install, operate, and maintain other types of bag leak detection systems in a manner consistent with the manufacturer's written specifications and recommendations; ( 5) To make the initial adjustment of the system, establish the baseline output by adjusting the sensitivity ( range) and the averaging period of the device. Then, establish the alarm set points and the alarm delay time; ( 6) Following the initial adjustment, do not adjust the sensitivity or range, averaging period, alarm set points, or alarm delay time, except as detailed in your operation and maintenance plan. Do not increase the sensitivity by more than 100 percent or decrease the sensitivity by more than 50 percent over a 365 day period unless a responsible VerDate Jan< 31> 2003 14: 38 Apr 11, 2003 Jkt 200001 PO 00000 Frm 00027 Fmt 4701 Sfmt 4700 E:\ FR\ FM\ 14APR3. SGM 14APR3 18034 Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Rules and Regulations official certifies, in writing, that the baghouse has been inspected and found to be in good operating condition; and ( 7) Where multiple detectors are required, the system's instrumentation and alarm may be shared among detectors. ( b) For each CPMS required in § 63.7330, you must develop and make available for inspection upon request by the permitting authority a site specific monitoring plan that addresses the requirements in paragraphs ( b)( 1) through ( 6) of this section. ( 1) Installation of the CPMS sampling probe or other interface at a measurement location relative to each affected process unit such that the measurement is representative of control of the exhaust emissions ( e. g., on or downstream of the last control device); ( 2) Performance and equipment specifications for the sample interface, the parametric signal analyzer, and the data collection and reduction system; ( 3) Performance evaluation procedures and acceptance criteria ( e. g., calibrations); ( 4) Ongoing operation and maintenance procedures in accordance with the general requirements of § § 63.8( c)( 1), ( 3), ( 4)( ii), ( 7), and ( 8); ( 5) Ongoing data quality assurance procedures in accordance with the general requirements of § 63.8( d); and ( 6) Ongoing recordkeeping and reporting procedures in accordance the general requirements of § § 63.10( c), ( e)( 1), and ( e)( 2)( i). ( c) You must conduct a performance evaluation of each CPMS in accordance with your site specific monitoring plan. ( d) You must operate and maintain the CPMS in continuous operation according to the site specific monitoring plan. ( e) For each venturi scrubber applied to pushing emissions, you must install, operate, and maintain CPMS to measure and record the pressure drop across the scrubber and scrubber water flow rate during each push according to the requirements in paragraphs ( b) through ( d) of this section except as specified in paragraphs ( e)( 1) through ( 3) of this section. ( 1) Each CPMS must complete a measurement at least once per push; ( 2) Each CPMS must produce valid data for all pushes; and ( 3) Each CPMS must determine and record the daily ( 24 hour) average of all recorded readings. ( f) For each hot water scrubber applied to pushing emissions, you must install, operate, and maintain CPMS to measure and record the water pressure and temperature during each push according to the requirements in paragraphs ( b) through ( d) of this section, except as specified in paragraphs ( e)( 1) through ( 3) of this section. ( g) If you elect the operating limit in § 63.7290( b)( 3)( i) for a capture system applied to pushing emissions, you must install, operate, and maintain a device to measure the fan motor amperes. ( h) If you elect the operating limit in § 63.7290( b)( 3)( ii) for a capture system applied to pushing emissions, you must install, operate, and maintain a device to measure the total volumetric flow rate at the inlet of the control device. ( i) For each by product coke oven battery, you must install, operate, and maintain a COMS to measure and record the opacity of emissions exiting each stack according to the requirements in paragraphs ( i)( 1) through ( 5) of this section. ( 1) You must install, operate, and maintain each COMS according to the requirements in § 63.8( e) and Performance Specification 1 in 40 CFR part 60, appendix B. Identify periods the COMS is out of control, including any periods that the COMS fails to pass a daily calibration drift assessment, quarterly performance audit, or annual zero alignment audit. ( 2) You must conduct a performance evaluation of each COMS according to the requirements in § 63.8 and Performance Specification 1 in appendix B to 40 CFR part 60; ( 3) You must develop and implement a quality control program for operating and maintaining each COMS according to the requirements in § 63.8( d). At minimum, the quality control program must include a daily calibration drift assessment, quarterly performance audit, and an annual zero alignment audit of each COMS; ( 4) Each COMS must complete a minimum of one cycle of sampling and analyzing for each successive 10 second period and one cycle of data recording for each successive 6 minute period. You must reduce the COMS data as specified in § 63.8( g)( 2). ( 5) You must determine and record the hourly and daily ( 24 hour) average opacity according to the procedures in § 63.7324( b) using all the 6 minute averages collected for periods during which the COMS is not out of control.

§ 63.7332 How do I monitor and collect data to demonstrate continuous compliance?

( a) Except for monitor malfunctions, associated repairs, and required quality assurance or control activities ( including as applicable, calibration checks and required zero and span adjustments), you must monitor continuously ( or collect data at all required intervals) at all times the affected source is operating. ( b) You may not use data recorded during monitoring malfunctions, associated repairs, and required quality assurance or control activities in data averages and calculations used to report emission or operating levels, or in fulfilling a minimum data availability requirement, if applicable. You must use all the data collected during all other periods in assessing compliance. A monitoring malfunction is any sudden, infrequent, not reasonably preventable failure of the monitor to provide valid data. Monitoring failures that are caused in part by poor maintenance or careless operation are not malfunctions.

§ 63.7333 How do I demonstrate continuous compliance with the emission limitations that apply to me?

( a) For each control device applied to pushing emissions and subject to the emission limit in § 63.7290( a), you must demonstrate continuous compliance by meeting the requirements in paragraphs ( a)( 1) and ( 2) of this section: ( 1) Maintaining emissions of particulate matter at or below the applicable limits in paragraphs § 63.7290( a)( 1) through ( 4); and ( 2) Conducting subsequent performance tests to demonstrate continuous compliance no less frequently than twice during each term of your title V operating permit ( at midterm and renewal). ( b) For each venturi scrubber applied to pushing emissions and subject to the operating limits in § 63.7290( b)( 1), you must demonstrate continuous compliance by meeting the requirements in paragraphs ( b)( 1) through ( 3) of this section. ( 1) Maintaining the daily average pressure drop and scrubber water flow rate at levels no lower than those established during the initial or subsequent performance test. ( 2) Operating and maintaining each CPMS according to § 63.7331( b) and recording all information needed to document conformance with these requirements. ( 3) Collecting and reducing monitoring data for pressure drop and scrubber water flow rate according to § 63.7331( e)( 1) through ( 3). ( c) For each hot water scrubber applied to pushing emissions and subject to the operating limits in § 63.7290( b)( 2), you must demonstrate continuous compliance by meeting the requirements in paragraphs ( c)( 1) through ( 3) of this section.

VerDate Jan< 31> 2003 14: 38 Apr 11, 2003 Jkt 200001 PO 00000 Frm 00028 Fmt 4701 Sfmt 4700 E:\ FR\ FM\ 14APR3. SGM 14APR3 18035 Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Rules and Regulations ( 1) Maintaining the daily average water pressure and temperature at levels no lower than those established during the initial or subsequent performance test. ( 2) Operating and maintaining each CPMS according to § 63.7331( b) and recording all information needed to document conformance with these requirements. ( 3) Collecting and reducing monitoring data for water pressure and temperature according to § 63.7331( f). ( d) For each capture system applied to pushing emissions and subject to the operating limit in § 63.7290( b)( 3), you must demonstrate continuous compliance by meeting the requirements in paragraph ( d)( 1) or ( 2) of this section: ( 1) If you elect the operating limit for fan motor amperes in § 63.7290( b)( 3)( i): ( i) Maintaining the daily average fan motor amperes at or above the minimum level established during the initial or subsequent performance test; and ( ii) Checking the fan motor amperes at least every 8 hours to verify the daily average is at or above the minimum level established during the initial or subsequent performance test and recording the results of each check. ( 2) If you elect the operating limit for volumetric flow rate in § 63.7290( b)( 3)( ii): ( i) Maintaining the daily average volumetric flow rate at the inlet of the control device at or above the minimum level established during the initial or subsequent performance test; and ( ii) Checking the volumetric flow rate at least every 8 hours to verify the daily average is at or above the minimum level established during the initial or subsequent performance test and recording the results of each check. ( e) Beginning on the first day compliance is required under § 63.7283, you must demonstrate continuous compliance for each by product coke oven battery subject to the opacity limit for stacks in § 63.7296( a) by meeting the requirements in paragraphs ( e)( 1) and ( 2) of this section: ( 1) Maintaining the daily average opacity at or below 15 percent for a battery on a normal coking cycle or 20 percent for a battery on batterywide extended coking; and ( 2) Operating and maintaining a COMS and collecting and reducing the COMS data according to § 63.7331( i). ( f) Beginning on the first day compliance is required under § 63.7283, you must demonstrate continuous compliance with the TDS limit for quenching in § 63.7295( a)( 1)( i) by meeting the requirements in paragraphs ( f)( 1) and ( 2) of this section: ( 1) Maintaining the TDS content of the water used to quench hot coke at 1,100 mg/ L or less; and ( 2) Determining the TDS content of the quench water at least weekly according to the requirements in § 63.7325( a) and recording the sample results. ( g) Beginning on the first day compliance is required under § 63.7283, you must demonstrate continuous compliance with the constituent limit for quenching in § 63.7295( a)( 1)( ii) by meeting the requirements in paragraphs ( g)( 1) and ( 2) of this section: ( 1) Maintaining the sum of the concentrations of benzene, benzo( a) pyrene, and naphthalene in the water used to quench hot coke at levels less than or equal to the site specific limit approved by the permitting authority; and ( 2) Determining the sum of the constituent concentrations at least monthly according to the requirements in § 63.7325( c) and recording the sample results.

§ 63.7334 How do I demonstrate continuous compliance with the work practice standards that apply to me?

( a) For each by product coke oven battery with vertical flues subject to the work practice standards for fugitive pushing emissions in § 63.7291( a), you must demonstrate continuous compliance according to the requirements of paragraphs ( a)( 1) through ( 8) of this section: ( 1) Observe and record the opacity of fugitive emissions for four consecutive pushes per operating day, except you may make fewer or non consecutive observations as permitted by § 63.7291( a)( 3). Maintain records of the pushing schedule for each oven and records indicating the legitimate operational reason for any change in the pushing schedule according to § 63.7291( a)( 4). ( 2) Observe and record the opacity of fugitive emissions from each oven in a battery at least once every 90 days. If an oven cannot be observed during a 90 day period, observe and record the opacity of the first push of that oven following the close of the 90 day period that can be read in accordance with the procedures in paragraphs ( a)( 1) through ( 8) of this section. ( 3) Make all observations and calculations for opacity observations of fugitive pushing emissions in accordance with Method 9 in appendix A to 40 CFR part 60 using a Method 9 certified observer unless you have an approved alternative procedure under paragraph ( a)( 7) of this section. ( 4) Record pushing opacity observations at 15 second intervals as required in section 2.4 of Method 9 ( appendix A to 40 CFR part 60). The requirement in section 2.4 of Method 9 for a minimum of 24 observations does not apply, and the data reduction requirements in section 2.5 of Method 9 do not apply. The requirement in § 63.6( h)( 5)( ii)( B) for obtaining at least 3 hours of observations ( thirty 6 minute averages) to demonstrate initial compliance does not apply. ( 5) If fewer than six but at least four 15 second observations can be made, use the average of the total number of observations to calculate average opacity for the push. Missing one or more observations during the push ( e. g., as the quench car passes behind a building) does not invalidate the observations before or after the interference for that push. However, a minimum of four 15 second readings must be made for a valid observation. ( 6) Begin observations for a push at the first detectable movement of the coke mass. End observations of a push when the quench car enters the quench tower. ( i) For a battery without a cokeside shed, observe fugitive pushing emissions from a position at least 10 meters from the quench car that provides an unobstructed view and avoids interferences from the topside of the battery. This may require the observer to be positioned at an angle to the quench car rather than perpendicular to it. Typical interferences to avoid include emissions from open standpipes and charging. Observe the opacity of emissions above the battery top with the sky as the background where possible. Record the oven number of any push not observed because of obstructions or interferences. ( ii) For a battery with a cokeside shed, the observer must be in a position that provides an unobstructed view and avoids interferences from the topside of the battery. Typical interferences to avoid include emissions from open standpipes and charging. Observations must include any fugitive emissions that escape from the top of the shed, from the ends of the shed, or from the area where the shed is joined to the battery. If the observer does not have a clear view to identify when a push starts or ends, a second person can be positioned to signal the start or end of the push and notify the observer when to start or end the observations. Radio communications with other plant personnel ( e. g., pushing ram operator or quench car operator) may also serve to notify the observer of the start or end of a push. Record the oven number of any push VerDate Jan< 31> 2003 14: 38 Apr 11, 2003 Jkt 200001 PO 00000 Frm 00029 Fmt 4701 Sfmt 4700 E:\ FR\ FM\ 14APR3. SGM 14APR3 18036 Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Rules and Regulations not observed because of obstructions or interferences. ( iii) You may reposition after the push to observe emissions during travel if necessary. ( 7) If it is infeasible to implement the procedures in paragraphs ( a)( 1) through ( 6) of this section for an oven due to physical obstructions, nighttime pushes, or other reasons, you may apply to your permitting authority for permission to use an alternative procedure. The application must provide a detailed explanation of why it is infeasible to use the procedures in paragraphs ( a)( 1) through ( 6) of this section, identify the oven and battery numbers, and describe the alternative procedure. An alternative procedure must identify whether the coke in that oven is not completely coked, either before, during, or after an oven is pushed. ( 8) For each oven observed that exceeds an opacity of 30 percent for any short battery or 35 percent for any tall battery, you must take corrective action and/ or increase the coking time in accordance with § 63.7291( a). Maintain records documenting conformance with the requirements in § 63.7291( a). ( b) For each by product coke oven battery with horizontal flues subject to the work practice standards for fugitive pushing emissions in § 63.7292( a), you must demonstrate continuous compliance by having met the requirements of paragraphs ( b)( 1) through ( 3) of this section: ( 1) Measuring and recording the temperature of all flues on two ovens per day within 2 hours before the oven's scheduled pushing time and ensuring that the temperature of each oven is measured and recorded at least once every month; ( 2) Recording the time each oven is charged and pushed and calculating and recording the net coking time for each oven; and ( 3) Increasing the coking time for each oven that falls below the minimum flue temperature trigger established for that oven's coking time in the written plan required in § 63.7292( a)( 1), assigning the oven to the oven directed program, and recording all relevant information according to the requirements in § 63.7292( a)( 4) including, but not limited to, daily pushing schedules, diagnostic procedures, corrective actions, and oven repairs. ( c) For each non recovery coke oven battery subject to the work practice standards in § 63.7293( a), you must demonstrate continuous compliance by maintaining records that document each visual inspection of an oven prior to pushing and that the oven was not pushed unless there was no smoke in the open space above the coke bed and there was an unobstructed view of the door on the opposite side of the oven. ( d) For each by product coke oven battery subject to the work practice standard for soaking in § 63.7294( a), you must demonstrate continuous compliance by maintaining records that document conformance with requirements in § 63.7294( a)( 1) through ( 5). ( e) For each coke oven battery subject to the work practice standard for quenching in § 63.7295( b), you must demonstrate continuous compliance according to the requirements of paragraphs ( e)( 1) through ( 3) of this section: ( 1) Maintaining baffles in each quench tower such that no more than 5 percent of the cross sectional area of the tower is uncovered or open to the sky as required in § 63.7295( b)( 1); ( 2) Maintaining records that document conformance with the washing, inspection, and repair requirements in § 63.7295( b)( 2), including records of the ambient temperature on any day that the baffles were not washed; and ( 3) Maintaining records of the source of makeup water to document conformance with the requirement for acceptable makeup water in § 63.7295( a)( 2).

§ 63.7335 How do I demonstrate continuous compliance with the operation and maintenance requirements that apply to me? ( a) For each by product coke oven battery, you must demonstrate continuous compliance with the operation and maintenance requirements in § 63.7300( b) by adhering at all times to the plan requirements and recording all information needed to document conformance. ( b) For each coke oven battery with a capture system or control device applied to pushing emissions, you must demonstrate continuous compliance with the operation and maintenance requirements in § 63.7300( c) by meeting the requirements of paragraphs ( b)( 1) through ( 3) of this section: ( 1) Making monthly inspections of capture systems according to § 63.7300( c)( 1) and recording all information needed to document conformance with these requirements; ( 2) Performing preventative maintenance for each control device according to § 63.7300( c)( 2) and recording all information needed to document conformance with these requirements; and ( 3) Initiating and completing corrective action for a bag leak detection system alarm according to § 63.7300( c)( 3) and recording all information needed to document conformance with these requirements. This includes records of the times the bag leak detection system alarm sounds, and for each valid alarm, the time you initiated corrective action, the corrective action( s) taken, and the date on which corrective action is completed. ( c) To demonstrate continuous compliance with the operation and maintenance requirements for a baghouse applied to pushing emissions from a coke oven battery in § 63.7331( a), you must inspect and maintain each baghouse according to the requirements in § 63.7331( a)( 1) through ( 8) and record all information needed to document conformance with these requirements. If you increase or decrease the sensitivity of the bag leak detection system beyond the limits specified in § 63.7331( a)( 6), you must include a copy of the required written certification by a responsible official in the next semiannual compliance report. ( d) You must maintain a current copy of the operation and maintenance plans required in § 63.7300( b) and ( c) onsite and available for inspection upon request. You must keep the plans for the life of the affected source or until the affected source is no longer subject to the requirements of this subpart.

§ 63.7336 What other requirements must I meet to demonstrate continuous compliance?

( a) Deviations. You must report each instance in which you did not meet each emission limitation in this subpart that applies to you. This includes periods of startup, shutdown, and malfunction. You must also report each instance in which you did not meet each work practice standard or operation and maintenance requirement in this subpart that applies to you. These instances are deviations from the emission limitations ( including operating limits), work practice standards, and operation and maintenance requirements in this subpart. These deviations must be reported according to the requirements in § 63.7341. ( b) Startup, shutdowns, and malfunctions. During periods of startup, shutdown, and malfunction, you must operate in accordance with your startup, shutdown, and malfunction plan. ( 1) Consistent with § § 63.6( e) and 63.7( e)( 1), deviations that occur during a period of startup, shutdown, or malfunction are not violations if you demonstrate to the Administrator's satisfaction that you were operating in VerDate Jan< 31> 2003 14: 38 Apr 11, 2003 Jkt 200001 PO 00000 Frm 00030 Fmt 4701 Sfmt 4700 E:\ FR\ FM\ 14APR3. SGM 14APR3 18037 Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Rules and Regulations accordance with the startup, shutdown, and malfunction plan. ( 2) The Administrator will determine whether deviations that occur during a period of startup, shutdown, or malfunction are violations, according to the provisions in § 63.6( e).

Notification, Reports, and Records § 63.7340 What notifications must I submit and when?

( a) You must submit all of the notifications in § § 63.6( h)( 4) and ( 5), 63.7( b) and ( c), 63.8( e) and ( f)( 4), and 63.9( b) through ( h) that apply to you by the specified dates. ( b) As specified in § 63.9( b)( 2), if you startup your affected source before April 14, 2003, you must submit your initial notification no later than August 12, 2003. ( c) As specified in § 63.9( b)( 3), if you startup your new affected source on or after April 14, 2003, you must submit your initial notification no later than 120 calendar days after you become subject to this subpart. ( d) If you are required to conduct a performance test, you must submit a notification of intent to conduct a performance test at least 60 calendar days before the performance test is scheduled to begin as required in § 63.7( b)( 1). ( e) If you are required to conduct a performance test, opacity observation, or other initial compliance demonstration, you must submit a notification of compliance status according to § 63.9( h)( 2)( ii). ( 1) For each initial compliance demonstration that does not include a performance test, you must submit the notification of compliance status before the close of business on the 30th calendar day following the completion of the initial compliance demonstration. ( 2) For each initial compliance demonstration that does include a performance test, you must submit the notification of compliance status, including the performance test results, before the close of business on the 60th calendar day following completion of the performance test according to § 63.10( d)( 2). ( f) For each by product coke oven battery with horizontal flues, you must notify the Administrator ( or delegated authority) of the date on which the study of flue temperatures required by § 63.7292( a)( 3) will be initiated. You must submit this notification no later than 7 days prior to the date you initiate the study. § 63.7341 What reports must I submit and when? ( a) Compliance report due dates. Unless the Administrator has approved a different schedule, you must submit quarterly compliance reports for battery stacks and semiannual compliance reports for all other affected sources to your permitting authority according to the requirements in paragraphs ( a)( 1) through ( 4) of this section. ( 1) The first quarterly compliance report for battery stacks must cover the period beginning on the compliance date that is specified for your affected source in § 63.7283 and ending on the last date of the third calendar month. Each subsequent compliance report must cover the next calendar quarter. ( 2) The first semiannual compliance report must cover the period beginning on the compliance date that is specified for your affected source in § 63.7283 and ending on June 30 or December 31, whichever date comes first after the compliance date that is specified for your affected source. Each subsequent compliance report must cover the semiannual reporting period from January 1 through June 30 or the semiannual reporting period from July 1 through December 31. ( 3) All quarterly compliance reports for battery stacks must be postmarked or delivered no later than one calendar month following the end of the quarterly reporting period. All semiannual compliance reports must be postmarked or delivered no later than July 31 or January 31, whichever date is the first date following the end of the semiannual reporting period. ( 4) For each affected source that is subject to permitting regulations pursuant to 40 CFR part 70 or 40 CFR part 71, and if the permitting authority has established dates for submitting semiannual reports pursuant to 40 CFR 70.6( a)( 3)( iii)( A) or 40 CFR 71.6( a)( 3)( iii)( A), you may submit the first and subsequent compliance reports according to the dates the permitting authority has established instead of according to the dates in paragraphs ( a)( 1) through ( 3) of this section. ( b) Quarterly compliance report contents. Each quarterly report must provide information on compliance with the emission limitations for battery stacks in § 63.7296. The reports must include the information in paragraphs ( c)( 1) through ( 3), and as applicable, paragraphs ( c)( 4) through ( 8) of this section. ( c) Semiannual compliance report contents. Each compliance report must provide information on compliance with the emission limitations, work practice standards, and operation and maintenance requirements for all affected sources except battery stacks. The reports must include the information in paragraphs ( c)( 1) through ( 3) of this section, and as applicable, paragraphs ( c)( 4) through ( 8) of this section. ( 1) Company name and address. ( 2) Statement by a responsible official, with the official's name, title, and signature, certifying the truth, accuracy, and completeness of the content of the report. ( 3) Date of report and beginning and ending dates of the reporting period. ( 4) If you had a startup, shutdown, or malfunction during the reporting period and you took actions consistent with your startup, shutdown, and malfunction plan, the compliance report must include the information in § 63.10( d)( 5)( i). ( 5) If there were no deviations from the continuous compliance requirements in § 63.7333( e) for battery stacks, a statement that there were no deviations from the emission limitations during the reporting period. If there were no deviations from the continuous compliance requirements in § § 63.7333 through 63.7335 that apply to you ( for all affected sources other than battery stacks), a statement that there were no deviations from the emission limitations, work practice standards, or operation and maintenance requirements during the reporting period. ( 6) If there were no periods during which a continuous monitoring system ( including COMS, continuous emission monitoring system ( CEMS), or CPMS) was out of control as specified in § 63.8( c)( 7), a statement that there were no periods during which a continuous monitoring system was out of control during the reporting period. ( 7) For each deviation from an emission limitation in this subpart ( including quench water limits) and for each deviation from the requirements for work practice standards in this subpart that occurs at an affected source where you are not using a continuous monitoring system ( including a COMS, CEMS, or CPMS) to comply with the emission limitations in this subpart, the compliance report must contain the information in paragraphs ( c)( 4) and ( 7)( i) and ( ii) of this section. This includes periods of startup, shutdown, and malfunction. ( i) The total operating time of each affected source during the reporting period. ( ii) Information on the number, duration, and cause of deviations ( including unknown cause, if VerDate Jan< 31> 2003 14: 38 Apr 11, 2003 Jkt 200001 PO 00000 Frm 00031 Fmt 4701 Sfmt 4700 E:\ FR\ FM\ 14APR3. SGM 14APR3 18038 Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Rules and Regulations applicable) as applicable and the corrective action taken. ( 8) For each deviation from an emission limitation occurring at an affected source where you are using a continuous monitoring system ( including COMS, CEMS, or CPMS) to comply with the emission limitation in this subpart, you must include the information in paragraphs ( c)( 4) and ( 8)( i) through ( xii) of this section. This includes periods of startup, shutdown, and malfunction. ( i) The date and time that each malfunction started and stopped. ( ii) The date and time that each continuous monitoring system ( including COMS, CEMS, or CPMS) was inoperative, except for zero ( low level) and high level checks. ( iii) The date, time, and duration that each continuous monitoring system ( including COMS, CEMS, or CPMS) was out of control, including the information in § 63.8( c)( 8). ( iv) The date and time that each deviation started and stopped, and whether each deviation occurred during a period of startup, shutdown, or malfunction or during another period. ( v) A summary of the total duration of the deviation during the reporting period and the total duration as a percent of the total source operating time during that reporting period. ( vi) A breakdown of the total duration of the deviations during the reporting period into those that are due to startup, shutdown, control equipment problems, process problems, other known causes, and other unknown causes. ( vii) A summary of the total duration of continuous monitoring system downtime during the reporting period and the total duration of continuous monitoring system downtime as a percent of the total source operating time during the reporting period. ( viii) An identification of each HAP that was monitored at the affected source. ( ix) A brief description of the process units. ( x) A brief description of the continuous monitoring system. ( xi) The date of the latest continuous monitoring system certification or audit. ( xii) A description of any changes in continuous monitoring systems, processes, or controls since the last reporting period. ( d) Immediate startup, shutdown, and malfunction report. If you had a startup, shutdown, or malfunction during the semiannual reporting period that was not consistent with your startup, shutdown, and malfunction plan, you must submit an immediate startup, shutdown, and malfunction report according to the requirements in § 63.10( d)( 5)( ii). ( e) Part 70 monitoring report. If you have obtained a title V operating permit for an affected source pursuant to 40 CFR part 70 or 40 CFR part 71, you must report all deviations as defined in this subpart in the semiannual monitoring report required by 40 CFR 70.6( a)( 3)( iii)( A) or 40 CFR 71.6( a)( 3)( iii)( A). If you submit a compliance report for an affected source along with, or as part of, the semiannual monitoring report required by 40 CFR 70.6( a)( 3)( iii)( A) or 40 CFR 71.6( a)( 3)( iii)( A), and the compliance report includes all the required information concerning deviations from any emission limitation or work practice standard in this subpart, submission of the compliance report satisfies any obligation to report the same deviations in the semiannual monitoring report. However, submission of a compliance report does not otherwise affect any obligation you may have to report deviations from permit requirements to your permitting authority.

§ 63.7342 What records must I keep?

( a) You must keep the records specified in paragraphs ( a)( 1) through ( 3) of this section. ( 1) A copy of each notification and report that you submitted to comply with this subpart, including all documentation supporting any initial notification or notification of compliance status that you submitted, according to the requirements in § 63.10( b)( 2)( xiv). ( 2) The records in § 63.6( e)( 3)( iii) through ( v) related to startup, shutdown, and malfunction. ( 3) Records of performance tests, performance evaluations, and opacity observations as required in § 63.10( b)( 2)( viii). ( b) For each COMS or CEMS, you must keep the records specified in paragraphs ( b)( 1) through ( 4) of this section. ( 1) Records described in § 63.10( b)( 2)( vi) through ( xi). ( 2) Monitoring data for COMS during a performance evaluation as required in § 63.6( h)( 7)( i) and ( ii). ( 3) Previous ( that is, superceded) versions of the performance evaluation plan as required in § 63.8( d)( 3). ( 4) Records of the date and time that each deviation started and stopped, and whether the deviation occurred during a period of startup, shutdown, or malfunction or during another period. ( c) You must keep the records in § 63.6( h)( 6) for visual observations. ( d) You must keep the records required in § § 63.7333 through 63.7335 to show continuous compliance with each emission limitation, work practice standard, and operation and maintenance requirement that applies to you.

§ 63.7343 In what form and how long must I keep my records?

( a) You must keep your records in a form suitable and readily available for expeditious review, according to § 63.10( b)( 1). ( b) As specified in § 63.10( b)( 1), you must keep each record for 5 years following the date of each occurrence, measurement, maintenance, corrective action, report, or record. ( c) You must keep each record on site for at least 2 years after the date of each occurrence, measurement, maintenance, corrective action, report, or record, according to § 63.10( b)( 1). You can keep the records offsite for the remaining 3 years.

Other Requirements and Information § 63.7350 What parts of the General Provisions apply to me?

Table 1 to this subpart shows which parts of the General Provisions in § § 63.1 through 63.15 apply to you.

§ 63.7351 Who implements and enforces this subpart?

( a) This subpart can be implemented and enforced by us, the United States Environmental Protection Agency ( U. S. EPA), or a delegated authority such as your State, local, or tribal agency. If the U. S. EPA Administrator has delegated authority to your State, local, or tribal agency, then that agency has the authority to implement and enforce this subpart. You should contact your U. S. EPA Regional Office to find out if this subpart is delegated to your State, local, or tribal agency. ( b) In delegating implementation and enforcement authority of this subpart to a State, local, or tribal agency under subpart E of this part, the authorities contained in paragraph ( c) of this section are retained by the Administrator of the U. S. EPA and are not transferred to the State, local, or tribal agency. ( c) The authorities in paragraphs ( c)( 1) through ( 6) of this section will not be delegated to State, local, or tribal agencies. ( 1) Approval of alternatives to work practice standards for fugitive pushing emissions in § 63.7291( a) for a byproduct coke oven battery with vertical flues, fugitive pushing emissions in § 63.7292( a) for a by product coke oven battery with horizontal flues, fugitive pushing emissions in § 63.7293 for a non recovery coke oven battery, soaking VerDate Jan< 31> 2003 14: 38 Apr 11, 2003 Jkt 200001 PO 00000 Frm 00032 Fmt 4701 Sfmt 4700 E:\ FR\ FM\ 14APR3. SGM 14APR3 18039 Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Rules and Regulations for a by product coke oven battery in § 63.7294( a), and quenching for a coke oven battery in § 63.7295( b) under § 63.6( g). ( 2) Approval of alternative opacity emission limitations for a by product coke oven battery under § 63.6( h)( 9). ( 3) Approval of major alternatives to test methods under § 63.7( e)( 2)( ii) and ( f) and as defined in § 63.90, except for alternative procedures in § 63.7334( a)( 7). ( 4) Approval of major alternatives to monitoring under § 63.8( f) and as defined in § 63.90. ( 5) Approval of major alternatives to recordkeeping and reporting under § 63.10( f) and as defined in § 63.90. ( 6) Approval of the work practice plan for by product coke oven batteries with horizontal flues submitted under § 63.7292( a)( 1).

§ 63.7352 What definitions apply to this subpart?

Terms used in this subpart are defined in the Clean Air Act ( CAA), in § 63.2, and in this section as follows: Acceptable makeup water means surface water from a river, lake, or stream; water meeting drinking water standards; storm water runoff and production area clean up water except for water from the by product recovery plant area; process wastewater treated to meet effluent limitations guidelines in 40 CFR part 420; water from any of these sources that has been used only for non contact cooling or in water seals; or water from scrubbers used to control pushing emissions. Backup quench station means a quenching device that is used for less than 5 percent of the quenches from any single coke oven battery in the 12 month period from July 1 to June 30. Baffles means an apparatus comprised of obstructions for checking or deflecting the flow of gases. Baffles are installed in a quench tower to remove droplets of water and particles from the rising vapors by providing a point of impact. Baffles may be installed either inside or on top of quench towers and are typically constructed of treated wood, steel, or plastic. Battery stack means the stack that is the point of discharge to the atmosphere of the combustion gases from a battery's underfiring system. Batterywide extended coking means increasing the average coking time for all ovens in the coke oven battery by 25 percent or more over the manufacturer's specified design rate. By product coke oven battery means a group of ovens connected by common walls, where coal undergoes destructive distillation under positive pressure to produce coke and coke oven gas from which by products are recovered. By product recovery plant area means that area of the coke plant where process units subject to subpart L in part 61 are located. Coke oven battery means a group of ovens connected by common walls, where coal undergoes destructive distillation to produce coke. A coke oven battery includes by product and non recovery processes. Coke plant means a facility that produces coke from coal in either a byproduct coke oven battery or a nonrecovery coke oven battery. Cokeside shed means a structure used to capture pushing emissions that encloses the cokeside of the battery and ventilates the emissions to a control device. Coking time means the time interval that starts when an oven is charged with coal and ends when the oven is pushed. 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 emission limitation ( including operating limits) or work practice standard; ( 2) Fails to meet any term or condition that is adopted to implement an applicable requirement in this subpart and that is included in the operating permit for any affected source required to obtain such a permit; or ( 3) Fails to meet any emission limitation or work practice standard in this subpart during startup, shutdown, or malfunction, regardless of whether or not such failure is permitted by this subpart. Emission limitation means any emission limit, opacity limit, or operating limit. Four consecutive pushes means four pushes observed successively. Fugitive pushing emissions means emissions from pushing that are not collected by a capture system. Horizontal flue means a type of coke oven heating system used on Semet Solvay batteries where the heating flues run horizontally from one end of the oven to the other end, and the flues are not shared with adjacent ovens. Hot water scrubber means a mobile scrubber used to control pushing emissions through the creation of an induced draft formed by the expansion of pressurized hot water through a nozzle. Increased coking time means increasing the charge to push time for an individual oven. Non recovery coke oven battery means a group of ovens connected by common walls and operated as a unit, where coal undergoes destructive distillation under negative pressure to produce coke, and which is designed for the combustion of the coke oven gas from which byproducts are not recovered. Oven means a chamber in the coke oven battery in which coal undergoes destructive distillation to produce coke. Pushing means the process of removing the coke from the oven. Pushing begins with the first detectable movement of the coke mass and ends when the quench car enters the quench tower. Quenching means the wet process of cooling ( wet quenching) the hot incandescent coke by direct contact with water that begins when the quench car enters the quench tower and ends when the quench car exits the quench tower. Quench tower means the structure in which hot incandescent coke in the quench car is deluged or quenched with water. Remove from service means that an oven is not charged with coal and is not used for coking. When removed from service, the oven may remain at the operating temperature or it may be cooled down for repairs. Responsible official means responsible official as defined in § 63.2. Short battery means a by product coke oven battery with ovens less than five meters in height. Soaking means that period in the coking cycle that starts when an oven is dampered off the collecting main and vented to the atmosphere through an open standpipe prior to pushing and ends when the coke begins to be pushed from the oven. Soaking emissions means the discharge from an open standpipe during soaking of visible emissions due to either incomplete coking or leakage into the standpipe from the collecting main. Standpipe means an apparatus on the oven that provides a passage for gases from an oven to the atmosphere when the oven is dampered off the collecting main and the standpipe cap is opened. This includes mini standpipes that are not connected to the collecting main. Tall battery means a by product coke oven battery with ovens five meters or more in height. Vertical flue means a type of coke oven heating system in which the heating flues run vertically from the bottom to the top of the oven, and flues are shared between adjacent ovens. Work practice standard means any design, equipment, work practice, or operational standard, or combination VerDate Jan< 31> 2003 14: 38 Apr 11, 2003 Jkt 200001 PO 00000 Frm 00033 Fmt 4701 Sfmt 4700 E:\ FR\ FM\ 14APR3. SGM 14APR3 18040 Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Rules and Regulations thereof, that is promulgated pursuant to section 112( h) of the CAA. As required in § 63.7350, you must comply with each applicable requirement of the NESHAP General Provisions ( 40 CFR part 63, subpart A) as shown in the following table:

TABLES TO SUBPART CCCCC OF PART 63 [ Table 1 to Subpart CCCCC of Part 63. Applicability of General Provisions to Subpart CCCCC]

Citation Subject Applies to Subpart CCCCC? Explanation § 63.1 ....................... Applicability .......................................................... Yes. § 63.2 ....................... Definitions ............................................................ Yes. § 63.3 ....................... Units and Abbreviations ...................................... Yes. § 63.4 ....................... Prohibited Activities ............................................. Yes. § 63.5 ....................... Construction/ Reconstruction ................................ Yes. § 63.6( a), ( b), ( c), ( d), ( e), ( f), ( g), ( h)( 2)   ( 8). Compliance with Standards and Maintenance Requirements. Yes.

§ 63.6( h)( 9) .............. Adjustment to an Opacity Emission Standard .... Yes. § 63.7( a)( 3), ( b), ( c)   ( h). Performance Testing Requirements .................... Yes.

§ 63.7( a)( 1)   ( 2) ....... Applicability and Performance Test Dates .......... No .......................... Subpart CCCCC specifies applicability and dates. § 63.8( a)( 1)   ( 3), ( b), ( c)( 1)   ( 3), ( c)( 4)( i)   ( ii), ( c)( 5)   ( 8), ( d), ( e), ( f)( 1)   ( 5), ( g)( 1)   ( 4). Monitoring Requirements .................................... Yes ......................... CMS requirements in § 63.8( c)( 4) ( i)   ( ii), ( c)( 5), and ( c)( 6) apply only to COMS for battery stacks.

§ 63.8( a)( 4) .............. Additional Monitoring Requirements for Control Devices in § 63.11. No .......................... Flares are not a control device for Subpart CCCCC affected sources. § 63.8( c)( 4) .............. Continuous Monitoring System ( CMS) Requirements No .......................... Subpart CCCCC specifies requirements for operation of CMS. § 63.8( e)( 4)   ( 5) ....... Performance Evaluations .................................... Yes ......................... Except COMS performance evaluation must be conducted before the compliance date. § 63.8( f)( 6) ............... RATA Alternative ................................................. No .......................... Subpart CCCCC does not require CEMS. § 63.8( g)( 5) .............. Data Reduction .................................................... No .......................... Subpart CCCCC specifies data that can't be used in computing averages for COMS. § 63.9 ....................... Notification Requirements ................................... Yes ......................... Additional notifications for CMS in § 63.9( g) apply only to COMS for battery stacks. § 63.10( a), ( b)( 1)   ( b)( 2)( xii), ( b)( 2)( xiv), ( b)( 3), ( c)( 1)   ( 6), ( c)( 9)   ( 15), ( d), ( e)( 1)   ( 2), ( e)( 4), ( f). Recordkeeping and Reporting Requirements ..... Yes. ........................ Additional records for CMS in § 63.10( c)( 1)   ( 6), ( 9)   ( 15), and reports in § 63.10( d)( 1)   ( 2) apply only to COMS for battery stacks.

§ 63.10( b)( 2) ( xi)   ( xii). CMS Records for RATA Alternative .................... No .......................... Subpart CCCCC doesn't require CEMS.

§ 63.10( c)( 7)   ( 8) ...... Records of Excess Emissions and Parameter Monitoring Exceedances for CMS. No .......................... Subpart CCCCC specifies record requirements.

§ 63.10( e)( 3) ............ Excess Emission Reports .................................... No .......................... Subpart CCCCC specifies reporting requirements § 63.11 ..................... Control Device Requirements ............................. No .......................... Subpart CCCCC does not require flares. § 63.12 ..................... State Authority and Delegations. ......................... Yes. § § 63.13   63.15 ........ Addresses, Incorporation by Reference, Availability of Information. Yes.

[ FR Doc. 03   5625 Filed 4   11   03; 8: 45 am]

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