[Federal Register Volume 83, Number 73 (Monday, April 16, 2018)]
[Notices]
[Pages 16354-16355]
[FR Doc No: 2018-07878]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-3145-010; ER10-1728 010; ER10-1800 011; ER10-
3116 010; ER10-3120 010; ER10-3128 010; ER10-3136 010; ER11-2036 010;
ER11-2701 012; ER13-1544 007; ER15-1579 008; ER15-1582 009; ER15-1914
010; ER15-2679 006; ER15-2680 006; ER15-760 009; ER15-762 010; ER16-
1255 004; ER16-1738 004; ER16-1901 004; ER16-1955 004; ER16-1956 004;
ER16-1973 004; ER16-2201 003; ER16-2224 003; ER16-2541 003; ER16-2578
004; ER16-468 004; ER16-474 005; ER16-890 005; ER16-930 004; ER17-1864
002; ER17-1871 002; ER17-1909 002; ER17-306 003; ER17-544 003.
    Applicants: AES Alamitos, LLC, AES Energy Storage, LLC, AES ES
Tait, LLC, AES Huntington Beach, L.L.C., AES Laurel Mountain, LLC, AES
Ohio Generation, LLC, AES Redondo Beach, L.L.C., Indianapolis Power &
Light Company, Mountain View Power Partners, LLC, Mountain View Power
Partners IV, LLC, Dayton Power and Light Company, The, 65HK 8me LLC,
67RK 8me LLC, 87RL 8me LLC, Antelope Big Sky Ranch LLC, Antelope DSR 1,
LLC, Antelope DSR 2, LLC, Bayshore Solar A, LLC, Bayshore Solar B, LLC,
Bayshore Solar C, LLC, Beacon Solar 1, LLC, Beacon Solar 3, LLC, Beacon
Solar 4, LLC, Central Antelope Dry Ranch C LLC, Elevation Solar C LLC,
FTS Master Tenant 1, LLC, Latigo Wind Park, LLC, North Lancaster Ranch
LLC, Pioneer Wind Park I LLC, Sandstone Solar LLC, Sierra Solar
Greenworks LLC, Solverde 1, LLC, Summer Solar LLC, Western Antelope
Blue Sky Ranch A LLC, Western Antelope Blue Sky Ranch B LLC, Western
Antelope Dry Ranch LLC.
    Description: Supplement to December 18, 2017 Triennial Market Power
Update of the AES MBR Affiliates for the Central Region.
    Filed Date: 4/6/18.
    Accession Number: 20180406-5078.
    Comments Due: 5 p.m. ET 4/27/18.

    Docket Numbers: ER13-102-013.
    Applicants: New York Independent System Operator, Inc.
    Description: Compliance filing: Correction to tariff base in March
19 Order 1000 compliance to be effective 4/1/2016.
    Filed Date: 4/6/18.
    Accession Number: 20180406-5049.
    Comments Due: 5 p.m. ET 4/27/18.

    Docket Numbers: ER18-482-001.
    Applicants: Public Service Company of Colorado.
    Description: Tariff Amendment: OATT_Att O-PSCo Deprec Tbl 25-Defer
Action to be effective 12/31/9998.
    Filed Date: 4/6/18.
    Accession Number: 20180406-5055.
    Comments Due: 5 p.m. ET 4/27/18.

    Docket Numbers: ER18-1306-000.
    Applicants: The Connecticut Light and Power Company.
    Description: Tariff Cancellation: Cancellation of Beacon Falls
Energy Park Original Service Agreement No. IA-ES-36 to be effective 3/
9/2018.
    Filed Date: 4/6/18.
    Accession Number: 20180406-5009.
    Comments Due: 5 p.m. ET 4/27/18.

    Docket Numbers: ER18-1307-000.
    Applicants: New York Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 205 filing: Informational
calculations re: Net Congestion Rent Settlements to be effective 6/6/
2018.
    Filed Date: 4/6/18.
    Accession Number: 20180406-5051.
    Comments Due: 5 p.m. ET 4/27/18.

    Docket Numbers: ER18-1308-000.
    Applicants: New York Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 205 filing re: modify
projected True-Up exposure credit requirement to be effective 6/12/
2018.
    Filed Date: 4/6/18.
    Accession Number: 20180406-5069.
    Comments Due: 5 p.m. ET 4/27/18.

    Docket Numbers: ER18-1309-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 2252R6 Cottonwood Wind
Project GIA to be effective 3/28/2018.
    Filed Date: 4/6/18.
    Accession Number: 20180406-5080.
    Comments Due: 5 p.m. ET 4/27/18.

    Docket Numbers: ER18-1310-000.
    Applicants: Wheelabrator Millbury Inc.
    Description: Baseline eTariff Filing: Baseline new to be effective
4/7/2018.
    Filed Date: 4/6/18.
    Accession Number: 20180406-5113.
    Comments Due: 5 p.m. ET 4/27/18.

    Docket Numbers: ER18-1311-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: First Revised WMPA SA No.
4825; Queue No. AC2-168/AD1-135 to be effective 3/8/2018.
    Filed Date: 4/6/18.
    Accession Number: 20180406-5115.
    Comments Due: 5 p.m. ET 4/27/18.

    Docket Numbers: ER18-1312-000.
    Applicants: Mid-Atlantic Interstate Transmission, LLC, PJM
Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: MAIT submits IA SA Nos.
3818, 3996 and 5050 and IFA SA No. 5049 to be effective 2/1/2017.
    Filed Date: 4/6/18.
    Accession Number: 20180406-5124.
    Comments Due: 5 p.m. ET 4/27/18.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: April 6, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-07878 Filed 4-13-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 5 (Thursday, January 8, 2015)]
[Notices]
[Pages 1054-1055]
[FR Doc No: 2015-00053]

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SECURITIES AND EXCHANGE COMMISSION

Submission for OMB Review; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE., Washington, DC
20549-2736.

Extension:
    Rule 9b-1, SEC File No. 270-429--OMB Control No. 3235-0480.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (``PRA'') (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') has submitted to the Office of Management
and Budget (``OMB'') a request for approval of extension of the
previously approved collection of information provided for in Rule 9b-1
(17 CFR 240.9b-1), under the Securities Exchange Act of 1934 (15 U.S.C.
78a et seq.).
    Rule 9b-1 (17 CFR 240.9b-1) sets forth the categories of
information required to be disclosed in an options disclosure document
(``ODD'') and requires the options markets to file an ODD with the
Commission 60 days prior to the date it is distributed to investors. In
addition, Rule 9b-1 provides that the ODD must be amended if the
information in the document becomes materially inaccurate or incomplete
and that amendments must be filed with the Commission 30 days prior to
the distribution to customers. Finally, Rule 9b-1 requires a broker-
dealer to furnish to each customer an ODD and any amendments, prior to
accepting an order to purchase or sell an option on behalf of that
customer.
    There are 12 options markets that must comply with Rule 9b-1. These
respondents work together to prepare a single ODD covering options
traded on

each market, as well as amendments to the ODD. These respondents file
approximately 3 amendments per year. The staff calculates that the
preparation and filing of amendments should take no more than eight
hours per options market. Thus, the total time burden for options
markets per year is 288 hours (12 options markets x 8 hours per
amendment x 3 amendments). The estimated cost for an in-house attorney
is $380 per hour,\1\ resulting in a total internal cost of compliance
for these respondents of $109,440 per year (288 hours at $380 per
hour).
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    \1\ The $380 per hour figure for an Attorney is from SIFMA's
Management & Professional Earnings in the Securities Industry 2013,
modified by Commission staff to account for an 1800-hour work-year
and multiplied by 5.35 to account for bonuses, firm size, employee
benefits and overhead.
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    In addition, approximately 1,500 broker-dealers must comply with
Rule 9b-1. Each of these respondents will process an average of 3 new
customers for options each week and, therefore, will have to furnish
approximately 156 ODDs per year. The postal mailing or electronic
delivery of the ODD takes respondents no more than 30 seconds to
complete for an annual compliance burden for each of these respondents
of 78 minutes or 1.3 hours. Thus, the total time burden per year for
broker-dealers is 1,950 hours (1,500 broker-dealers x 1.3 hours). The
estimated cost for a general clerk of a broker-dealer is $57 per
hour,\2\ resulting in a total internal cost of compliance for these
respondents of $111,150 per year (1,950 hours at $57 per hour).
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    \2\ The $57 per hour figure for a General Clerk is from SIFMA's
Office Salaries in the Securities Industry 2013, modified by
Commission staff to account for an 1800-hour work-year and
multiplied by 2.93 to account for bonuses, firm size, employee
benefits and overhead. The staff believes that the ODD would be
mailed or electronically delivered to customers by a general clerk
of the broker-dealer or some other equivalent position.
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    The total time burden for all respondents under this rule (both
options markets and broker-dealers) is 2,238 hours per year (288 +
1,950), and the total internal cost of compliance is $220,590 ($109,440
+ $111,150).
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information under the PRA unless it
displays a currently valid OMB control number.
    The public may view background documentation for this information
collection at the following Web site: www.reginfo.gov. Comments should
be directed to (i) Desk Officer for the Securities and Exchange
Commission, Office of Information and Regulatory Affairs, Office of
Management and Budget, Room 10102, New Executive Office Building,
Washington, DC 20503, or by sending an email to:
<EMAIL_ADDRESS>and (ii) Pamela Dyson, Acting Director/
Chief Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 100 F Street NE., Washington, DC 20549, or by sending an
email to<EMAIL_ADDRESS>Comments must be submitted to OMB within
30 days of this notice.

    Dated: January 2, 2015.
Brent J. Fields,
Secretary.
[FR Doc. 2015-00053 Filed 1-7-15; 8:45 am]
BILLING CODE 8011-01-P


subpart due to unavoidable increases in emissions attributable to the
emergency.  An emergency must not include noncompliance to the extent it
is caused by improperly designed equipment, lack of preventive
maintenance, careless or improper operation, or operator error.

	(i)  During the period of the emergency you must implement all
reasonable steps to minimize levels of emissions that exceeded the
emission standards or other applicable requirements in this subpart.

	(ii)  You must document through signed contemporaneous logs or other
relevant evidence that an emergency occurred and you can identify the
probable cause, your facility was being operated properly at the time
the emergency occurred, and the corrective actions taken to minimize
emissions as required by paragraph (f)(4)(i) of this section.

	(iii)  You must submit a notice of the emergency to the permitting
authority within two working days of the time when emission limitations
were exceeded due to the emergency (or an alternate timeframe acceptable
to the permitting authority).  This notice must contain a description of
the emergency, any steps taken to mitigate emissions, and corrective
actions taken.

	(5)  As an alternative to the requirements in paragraph (f)(4) of this
section, you must comply with the startup, shutdown, and malfunction
requirements in 40 CFR 63.6(e)(3).

	(g)  Recordkeeping requirements.  (1)  You must maintain records of the
occurrence and duration of any startup, shutdown, or malfunction in the
operation of an affected source subject to this subpart; any malfunction
of the air pollution control equipment; or any periods during which a
continuous monitoring system or monitoring device is inoperative.

(2)  You must maintain a file of all measurements, including continuous
monitoring system, monitoring device, and performance testing
measurements; all continuous monitoring system performance evaluations;
all continuous monitoring system or monitoring device calibration
checks; adjustments and maintenance performed on these systems or
devices; and all other information required by this section recorded in
a permanent form suitable for inspection.  The file must be retained for
at least 5 years following the date of such measurements, maintenance,
reports.

	(h)  Reporting requirements.  (1)  You must prepare and submit to the
permitting authority an excess emissions and monitoring systems
performance report and summary report every calendar quarter.  A less
frequent reporting interval may used for either report as approved by
the permitting authority.

	(2)  The summary report must include the information in paragraphs
(h)(2)(i) through (iv) of this section.

(i)  The magnitude of excess emissions computed, any conversion
factor(s) used, and the date and time of commencement and completion of
each time period of excess emissions.  The process operating time during
the reporting period.

(ii)  Specific identification of each period of excess emissions that
occurs during startups, shutdowns, and malfunctions of the affected
facility.  The nature and cause of any malfunction (if known), the
corrective action taken or preventative measures adopted.

(iii)  The date and time identifying each period during which the
continuous monitoring system was inoperative except for zero and span
checks and the nature of the system repairs or adjustments.

(iv)  When no excess emissions have occurred or the continuous
monitoring system(s) have not been inoperative, repaired, or adjusted,
such information must be stated in the report.

§63.11149  What are the standards and compliance requirements for new
sources?

(a)  Emissions limits and work practice standards.  (1)  You must not
discharge to the atmosphere exhaust gases that contain total PM in
excess of 0.6 pound per ton of copper concentrate feed charged on a
24-hour average basis from any combination of stacks, vents, or other
openings on furnaces, reactors, or other types of process vessels used
for the production of anode copper from copper sulfide ore concentrates
by pyrometallurgical techniques.  Examples of such process equipment
include, but are not limited to, copper concentrate dryers, smelting
flash furnaces, smelting bath furnaces, converting vessels, combined
smelting and converting reactors, anode refining furnaces, and anode
shaft furnaces.

	(2)  You must operate a capture system that collects the gases and
fumes released during the transfer of molten materials from smelting
vessels and converting vessels and conveys the collected gas stream to a
baghouse or other PM control device.

	(3)  You must operate one or more capture systems that collect the
gases and fumes released from each vessel used to refine blister copper,
remelt anode copper, or remelt anode scrap and convey each collected gas
stream to a baghouse or other PM control device.  One control device may
be used for multiple collected gas streams.

	(b)  Monitoring requirements.  (1)  You must install, operate, and
maintain a PM continuous emissions monitoring system (CEMS) to measure
and record PM concentrations and gas stream flow rates for the exhaust
gases discharged to the atmosphere from each affected source subject to
the emissions limit in paragraph (a)(1) of this section.  A single PM
CEMS may be used for the combined exhaust gas streams from multiple
affected sources at a point before the gases are discharged to the
atmosphere.  For each PM CEMS used to comply with this paragraph, you
must meet the requirements in paragraphs (b)(1)(i) through (iii) of this
section.

	(i)  You must install, certify, operate, and maintain the PM CEMS
according to EPA Performance Specification 11 in 40 CFR part 60,
appendix B, and the quality assurance requirements of Procedure 2 in 40
CFR part 60, appendix F.

	(ii)  You must conduct an initial performance evaluation of the PM CEMS
according to the requirements of Performance Specification 11 in 40 CFR
part 60, appendix B.  Thereafter, you must perform the performance
evaluations as required by Procedure 2 in 40 CFR part 60, appendix F.

	(iii)  You must perform quarterly accuracy determinations and daily
calibration drift tests for the PM CEMS according to Procedure 2 in 40
CFR part 60, appendix F.

	(2)  You must install, operate, and maintain a weight measurement
system to measure and record the weight of the copper concentrate feed
charged to the smelting vessel on a daily basis.

	(c)  Compliance requirements.  (1)  You must demonstrate initial
compliance with the emissions limit in paragraph (a)(1) of this section
using the procedures in paragraph (c)(2) this section within 180 days
after startup and report the results in your notification of compliance
status no later than 30 days after the end of the compliance
demonstration.

	(2)  You must demonstrate continuous compliance with the emissions
limit in paragraph (a)(1) of this section using the procedures in
paragraph (c)(2)(i) through (iii) of this section whenever your facility
is producing copper from copper concentrate.

	(i)  You must continuously monitor and record PM emissions, determine
and record the daily (24-hour) value for each day, and calculate and
record the daily average pounds of total PM per ton of copper
concentrate feed charged to the smelting vessel according to the
requirements in paragraph (b) of this section.

	(ii)  You must calculate the daily average at the end of each calendar
day for the preceding 24-hour period.

	(iii)  You must maintain records of the calculations of daily averages
with supporting information and data, including measurements of the
weight of copper concentrate feed charged to the smelting vessel.
Collected PM CEMS data must be made available for inspection.

	(d)  Alternative startup, shutdown, and malfunction requirements.  You
must comply with the requirements specified in this paragraph as an
alternative to the requirements in 40 CFR 63.6(e)(3).  In the event of
an emergency situation, you must comply with the requirements specified
in paragraphs (d)(1) through (3) of this section.  For the purpose of
complying with this paragraph, an emergency situation is any situation
arising from sudden and reasonably unforeseeable events beyond the
control of the facility owner or operator that requires immediate
corrective action to restore normal operation, and that causes the
affected source to exceed an applicable emissions limitation under this
subpart, due to unavoidable increases in emissions attributable to the
emergency.  An emergency must not include noncompliance to the extent it
is caused by improperly designed equipment, lack of preventive
maintenance, careless or improper operation, or operator error.

	(1)  During the period of the emergency, you must implement all
reasonable steps to minimize levels of emissions that exceeded the
emission standards or other applicable requirements in this subpart.

	(2)  You must document through signed contemporaneous logs or other
relevant evidence that an emergency occurred and you can identify the
probable cause, your facility was being operated properly at the time
the emergency occurred, and the corrective actions taken to minimize
emissions as required by paragraph (d)(1) of this section.

	(3)  You must submit a notice of the emergency to the permitting
authority within two working days of the time when emissions limitations
were exceeded due to the emergency (or an alternate timeframe acceptable
to the permitting authority).  This notice must contain a description of
the emergency, any steps taken to mitigate emissions, and corrective
actions taken.

	(e)  Reports.  You must submit to the permitting authority by the 20th
day of each month a summary of the daily average PM per ton of copper
concentrate feed charged to the smelting vessel for the previous month.

Other Requirements and Information

63.11150	What General Provisions apply to this subpart?

	(a)  If you own or operate a new or existing affected source, you must
comply with the requirements of the General Provisions (40 CFR part 63,
subpart A) as specified in Table 1 to this subpart.

	(b)  If you own or operate an existing affected source subject to
§63.11147, your notification of compliance status required by §63.9(h)
must include the information specified in paragraphs (b)(1) through (4)
of this section.

	(1)  If you certify initial compliance with the PM emissions limit in
§63.11147(a)(1) based on monitoring data from the previous month, your
notification of compliance status must include this certification of
compliance, signed by a responsible official:  “This facility complies
with the PM emissions limit in §63.11147(a)(1) based on monitoring data
that were collected during the previous month.”

	(2)  If you conduct a new performance test to demonstrate initial
compliance with the PM emissions limit in §63.11147(a)(1), your
notification of compliance status must include the results of the
performance test, including required monitoring data.

	(3)  Your notification of compliance status must include this
certification of compliance, signed by a responsible official, for the
work practice standard in §63.11147(a)(2):  “This facility complies
with the requirement to capture gases from transfer of molten materials
from smelting vessels and converting vessels and convey them to a
control device in accordance with §63.11147(a)(2).”

	(4)  Your notification of compliance status must include this
certification of compliance, signed by a responsible official, for the
work practice standard in §63.11147(a)(3):  “This facility complies
with the requirement to capture gases from operations in the anode
refining department and convey them to a PM control device in accordance
with §63.11147(a)(3).”

	(c)  If you own or operate an existing affected source subject to
§63.11148, your notification of compliance status required by §63.9(h)
must include the information specified in paragraphs (c)(1) through (4)
of this section.

	(1)  If you certify initial compliance with the PM emissions limit in
§63.11148(a)(1), (a)(3)(ii), and (a)(4)(iv) based on the results of a
previous performance test conducted within the past 12 months before
your compliance date, your notification of compliance status must
include this certification of compliance, signed by a responsible
official:  “This facility complies with the PM emissions limit in
§63.11148(a)(1) based on the results of a previous performance test.”

	(2)  If you conduct a new performance test to demonstrate initial
compliance with the PM emissions limits in §63.11148(a)(1), (a)(3)(ii),
and (a)(4)(iv), your notification of compliance status must include the
results of the performance test, including required monitoring data.

	(3)  Your notification of compliance status must include this
certification of compliance, signed by a responsible official, for the
work practice standards in §63.11148(a)(2), and (a)(4)(iii):  “This
facility complies with the requirement to vent captured process gases to
a gas cleaning system controlling PM and to a sulfuric acid plant in
accordance with §63.11148(a)(2) and (a)(4)(iii).”

	(3)  Your notification of compliance status must include this
certification of compliance, signed by a responsible official, for the
work practice standard in §63.11148(a)(3)(i):  “This facility
complies with the requirement to operate capture systems to collect
gases and fumes released when copper matte or slag is tapped from the
smelting vessel in accordance with §63.11148(a)(3)(i).”

	(4)  Your notification of compliance status must include this
certification of compliance, signed by a responsible official, for the
work practice standard in §63.11148(a)(4):  “This facility complies
with the requirement to operate capture systems to collect gases and
fumes released during batch copper converter operations in accordance
with §63.11148(a)(4).”

	(d)  If you own or operate a new affected source, your notification of
compliance status required by §63.9(h) must include the information in
paragraphs (d)(1) through (3) of this section.

	(1)  Your notification of compliance status must include the results of
the initial performance test and monitoring data collected during the
test that demonstrate compliance with the emissions limit in
§63.11149(a)(1).

	(2)  Your notification of compliance status must include this
certification of compliance, signed by a responsible official, for the
work practice standard in §63.11149(a)(2):   “This facility complies
with the requirement to capture gases from transfer of molten materials
from smelting vessels and converting vessels and convey them to a PM
control device in accordance with §63.11149(a)(2).”

	(3)  Your notification of compliance status must include this
certification of compliance, signed by a responsible official, for the
work practice standard in §63.11149(a)(3):  “This facility complies
with the requirement to capture gases from each vessel used to refine
blister copper, remelt anode copper, or remelt anode scrap, and convey
them to a PM control device in accordance with §63.11149(a)(3).”

§63.11151  What definitions apply to this subpart?

	Terms used in this subpart are defined in the CAA, in 40 CFR 63.2, and
in this section as follows:

	Anode refining department means   SEQ CHAPTER \h \r 1 the area at a
primary copper smelter in which anode copper refining operations are
performed.  Emissions sources in the anode refining department include
anode refining furnaces and anode shaft furnaces.

	  SEQ CHAPTER \h \r 1    SEQ CHAPTER \h \r 1 Baghouse means a control
device that collects particulate matter by filtering the gas stream
through bags.  A baghouse is also referred to as a "fabric filter."

	Bag leak detection system means a system that is capable of
continuously monitoring relative particulate matter (dust) loadings in
the exhaust of a baghouse in order to detect bag leaks and other upset
conditions.  A bag leak detection system includes, but is not limited
to, an instrument that operates on triboelectric, light scattering,
transmittance or other effect to continuously monitor relative
particulate matter loadings.

	  SEQ CHAPTER \h \r 1 Batch copper converter means a converter in which
molten copper matte is charged and then oxidized to form blister copper
by a process that is performed in discrete batches using a sequence of
charging, blowing, skimming, and pouring.

	Capture system means the collection of components used to capture gases
and fumes released from one or more emissions points and then convey the
captured gas stream to a control device.  A capture system may include,
but is not limited to, the following components as applicable to a given
capture system design:  duct intake devices, hoods, enclosures,
ductwork, dampers, manifolds, plenums, and fans.

	  SEQ CHAPTER \h \r 1 Charging means the operating mode for a batch
copper converter during which molten or solid material is added into the
vessel.

	Control device means air pollution control equipment used to remove PM
from a gas stream.

	Converting vessel means a furnace, reactor, or other type of vessel in
which   SEQ CHAPTER \h \r 1 copper matte is oxidized to form blister
copper.

	Copper concentrate means copper ore that has been beneficiated to
increase its copper content.

Copper concentrate dryer means a vessel in which copper concentrates are
heated in the presence of air to reduce the moisture content of the
material.  Supplemental copper-bearing feed materials and fluxes may be
added or mixed with the copper concentrates fed to a copper concentrate
dryer.

Copper concentrate feed means the mixture of copper concentrate,
secondary copper-bearing materials, recycled slags and dusts, fluxes,
and other materials blended together for feeding to the smelting vessel.

  SEQ CHAPTER \h \r 1 Copper matte means a material predominately
composed of copper and iron sulfides produced by smelting copper ore
concentrates.

Deviation means any instance in which an affected source subject to this
subpart, or an owner or operator of such a source:

(1)  Fails to meet any requirement or obligation established by this
subpart, including but not limited to any emissions limitation or work
practice standard;

(2)  Fails to meet any term or condition that is adopted to implement an
applicable requirement in this subpart and that is included in the
operating permit for any affected source required to obtain such a
permit; or

(3)  Fails to meet any emissions limitation or work practice standard in
this subpart during startup, shutdown, or malfunction, regardless of
whether or not such failure is permitted by this subpart.

  SEQ CHAPTER \h \r 1 Holding means the operating mode for a batch
copper converter or a holding furnace associated with a smelting furnace
during which the molten bath is maintained in the vessel but no blowing
or smelting is performed nor is material added into or removed from the
vessel.

Matte drying and grinding plant means the area at a primary copper
smelter in which wet granulated matte copper is ground in a mill, dried
by blowing heated air through the mill, and then separated from the
drying air stream using a control device such as a baghouse.

  SEQ CHAPTER \h \r 1 Pouring means the operating mode for a batch
copper converter during which molten copper is removed from the vessel.

Primary copper smelter means any installation or any intermediate
process engaged in the production of copper from copper sulfide ore
concentrates through the use of pyrometallurgical techniques.

Responsible official means responsible official as defined at 40 CFR
70.2.

Secondary gas system means   SEQ CHAPTER \h \r 1 a capture system that
collects the gases and fumes released when removing and transferring
molten materials from one or more vessels using tapping ports, launders,
and other openings in the vessels.  Examples of molten material include,
but are not limited to: copper matte, slag, and blister copper.

  SEQ CHAPTER \h \r 1 Skimming means the batch copper converter
operating mode during which molten slag is removed from the vessel.

Smelting vessel means a furnace, reactor, or other type of vessel in
which copper ore concentrate and fluxes are smelted to form a molten
mass of material containing copper matte and slag.  Other copper-bearing
materials may also be charged to the smelting vessel.

Work practice standard means any design, equipment, work practice, or
operational standard, or combination thereof.

§63.11152  Who implements and enforces this subpart?

	(a)  This subpart can be implemented and enforced by the U.S. EPA, or a
delegated authority such as a State, local, or tribal agency.  If the
U.S. EPA Administrator has delegated authority to a State, local, or
tribal agency, then that Agency has the authority to implement and
enforce this subpart.  You should contact your U.S. EPA Regional Office
to find out if this subpart is delegated to a State, local, or tribal
agency within your State.

	(b)  In delegating implementation and enforcement authority of this
subpart to a State, local, or tribal agency under 40 CFR part 63,
subpart E, the authorities contained in paragraph (c) of this section
are retained by the Administrator of the U.S. EPA and are not
transferred to the State, local, or tribal agency.

	(c)  The authorities that will not be delegated to State, local, or
tribal agencies are listed in paragraphs (c)(1) through (5) of this
section.

	(1)  Approval of an alternative non-opacity emissions standard under
§63.6(g).

	(2)  Approval of an alternative opacity emissions standard under
§63.6(h)(9).

	(3)  Approval of a major change to a test method under §63.7(e)(2)(ii)
and (f).  A “major change to test method” is defined in §63.90.

	(4)  Approval of a major change to monitoring under §63.8(f).  A
“major change to monitoring” is defined in §63.90.

	(5)  Approval of a major change to recordkeeping/ reporting under
§63.10(f).  A “major change to recordkeeping/reporting” is defined
in §63.90.

Tables to Subpart EEEEEE of Part 63

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

As required in §63.11150(a), you must comply with the requirements of
the NESHAP General Provisions (40 CFR part 63, subpart A) as shown in
the following table.

Citation	Subject	Applies to Subpart EEEEEE?	Explanation

63.1(a)(1), (a)(2), (a)(3), (a)(4), (a)(6), (a)(10)-(a)(12)  (b)(1),
(b)(3), (c)(1), (c)(2), (c)(5), (e) 	Applicability	Yes.

	63.1(a)(5), (a)(7)-(a)(9), (b)(2), (c)(3), (c)(4), (d)	Reserved	No.

	63.2	Definitions	Yes.

	63.3	Units and Abbreviations	Yes.

	63.4	Prohibited Activities and Circumvention	Yes.

	63.5	Preconstruction Review and Notification Requirements	No.

63.6(a), (b)(1)-(b)(5), (b)(7), (c)(1), (c)(2), (c)(5)	Compliance with
Standards and Maintenance Requirements - Applicability and Compliance
Dates	Yes.

	63.6(e)	Operation and Maintenance Requirements	Yes/No.	Operation and
maintenance requirements do not apply to existing sources except that
the startup, shutdown, and malfunction requirements in §63.6(e)(3) are
allowed as an alternative to the rule requirements for emergency
situations.  Operation and maintenance requirements  apply to new
sources except that the rule requirements for emergency situations are
allowed as an alternative to the  startup, shutdown, and malfunction
requirements in §63.6(e)(3).

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

	63.6(b)(6), (c)(3), (c)(4), (d), (e)(2), (e)(3)(ii), (h)(3), (h)(5)(iv)
Reserved	No.

	63.6(h)(1)-(h)(4), (h)(5)(i)-(h)(5)(iii), (h)(6)-(h)(9)

Yes/No.	Requirements apply to new sources but not existing sources.

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

	63.7(b), (c)

Yes/No.	Notification of performance tests and quality assurance program
apply to new sources but not existing sources.

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

	63.8(a)(3)	Reserved	No.

	63.8(a)(4)

No.	Subpart EEEEEE does not require flares.

63.8(d), (e)

Yes/No.	Requirements for quality control program and performance
evaluations apply to new sources but not existing sources.

63.9(a), (b)(1), (b)(2), (b)(5), (c), (d), (h)(1)-(h)(3), (h)(5),
(h)(6), (i), (j)	Notification Requirements	Yes.

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

	63.9(b)(4), (f)

No.

	63.9(e), (g)

Yes/No.	Notification requirements for performance test and use of
continuous monitoring systems apply to new sources but not existing
sources.

63.10(a), (b)(1), (d)(1), (d)(2), (d)(4), (d)(5), (f)	Recordkeeping and
Reporting Requirements	Yes/No.	Recordkeeping requirements apply to new
sources but not existing sources.

63.10(b)(2), (b)(3), (c)(1) (c)(5)-(c)(8), (c)(10)-(c)(15), (e)(1),
(e)(2)

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

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

	63.10(d)(3), (e)(4)

No.	Reporting requirements apply to new sources but not existing
sources.

63.10(e)(3)

Yes/No.	Reporting requirements apply to new sources but not existing
sources.

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

63.12	State Authorities and Delegations.	Yes.

	63.13	Addresses.	Yes.

	63.14	Incorporations by Reference.	Yes.

	63.15	Availability of Information and Confidentiality	Yes.

	63.16	Performance Track Provisions	Yes.

	5.  Part 63 is amended by adding subpart FFFFFF to read as follows:

Subpart FFFFFF-—National Emission Standards for Hazardous Air
Pollutants for Secondary Copper Smelting Area Sources

Sec.

Applicability and Compliance Dates

63.11153  Am I subject to this subpart?

63.11154  What are my compliance dates?

Standards and Compliance Requirements

63.11155	What are the standards and compliance requirements for new
sources?

63.11156	[Reserved]

Other Requirements and Information

63.11157	What General Provisions apply to this subpart?

63.11158	What definitions apply to this subpart?

63.11159	Who implements and enforces this subpart?

Tables to Subpart FFFFFF of Part 63

Table 1 to Subpart FFFFFF of Part 63--Applicability of General
Provisions to Subpart FFFFFF

Applicability and Compliance Dates

§63.11153  Am I subject to this subpart?

	(a)  You are subject to this subpart if you own or operate a new
secondary copper smelter that is an area source of hazardous air
pollutant (HAP) emissions.

	(b)  This subpart applies to each new affected source.  The affected
source is each secondary copper smelter.  Your secondary copper smelter
is a new affected source if you commenced construction or reconstruction
of the affected source before October 6, 2006.

	(c)  This subpart does not apply to research and development
facilities, as defined in section 112(c)(7) of the CAA.

	(d)  If you own or operate an area source subject to this subpart, you
must obtain a permit under 40 CFR part 70 or 40 CFR part 71.

§63.11154  What are my compliance dates?

	(a)  If you startup a new affected source on or before [INSERT Date of
publication], you must achieve compliance with the applicable provisions
of this subpart not later than [INSERT date of publication].

	(b)  If you startup a new affected source after [INSERT date of
publication], you must achieve compliance with the applicable provisions
of this subpart upon startup of your affected source.

Standards and Compliance Requirements

§63.11155	 What are the standards and compliance requirements for new
sources?

	(a)  You must not discharge to the atmosphere any gases which contain
particulate matter (PM) in excess of 0.002 grains per dry standard cubic
foot (gr/dscf) from the exhaust vent of any capture system for a
smelting furnace, melting furnace, or other vessel that contains molten
material and any capture system for the transfer of molten material.

	(b)  For each smelting furnace, melting furnace, or other vessel that
contains molten material, you must install and operate a capture system
that collects the gases and fumes from the vessel and from the transfer
of molten material and convey the collected gas stream to a control
device.

	(c)  You must prepare and operate at all times according to a written
plan for the selection, inspection, and pretreatment of copper scrap to
minimize, to the extent practicable, the amount of oil and plastics in
the scrap that is charged to the smelting furnace.  Your plan must
include a training program for scrap inspectors.  You must keep records
to demonstrate continuous compliance with the requirements of your plan.
 You must keep a current copy of your pollution prevention plan onsite
and available for inspection.

	(d)  You must install, operate, and maintain a bag leak detection
system on all baghouses used to comply with the PM emissions limit in
paragraph (a) of this section according to paragraph (d)(1) of this
section, prepare and operate by a site-specific monitoring plan
according to paragraph (d)(2) of this section, take corrective action
according to paragraph (d)(3) of this section, and record information
according to paragraph (d)(4) of this section.

	(1)  Each bag leak detection system must meet the specifications and
requirements in paragraphs (d)(1)(i) through (viii) of this section.

	(i)  The bag leak detection system must be certified by the
manufacturer to be capable of detecting PM emissions at concentrations
of 1 milligram per actual cubic meter (0.00044 grains per actual cubic
foot) or less.

	(ii)  The bag leak detection system sensor must provide output of
relative PM loadings.  The owner or operator must continuously record
the output from the bag leak detection system using electronic or other
means (e.g., using a strip chart recorder or a data logger.)

	(iii)  The bag leak detection system must be equipped with an alarm
system that will sound when the system detects an increase in relative
particulate loading over the alarm set point established according to
paragraph (d)(1)(iv) of this section, and the alarm must be located such
that it can be heard by the appropriate plant personnel.

	(iv)  In the initial adjustment of the bag leak detection system, you
must establish, at a minimum, the baseline output by adjusting the
sensitivity (range) and the averaging period of the device, the alarm
set points, and the alarm delay time.

	(v)  Following initial adjustment, you must not adjust the averaging
period, alarm set point, or alarm delay time without approval from the
Administrator or delegated authority except as provided in paragraph
(d)(1)(vi) of this section.

	(vi)  Once per quarter, you may adjust the sensitivity of the bag leak
detection system to account for seasonal effects, including temperature
and humidity, according to the procedures identified in the
site-specific monitoring plan required by paragraph (d)(2) of this
section.

	(vii)  You must install the bag leak detection sensor downstream of the
baghouse and upstream of any wet scrubber.

	(viii)  Where multiple detectors are required, the system’s
instrumentation and alarm may be shared among detectors.

	(2)  You must develop and submit to the Administrator or delegated
authority for approval a site-specific monitoring plan for each bag leak
detection system.  You must operate and maintain the bag leak detection
system according to the site-specific monitoring plan at all times.  For
each bag leak detection system that operates on the triboelectric
effect, the monitoring plan must be consistent with the recommendations
contained in the "Fabric Filter Bag Leak Detection Guidance"
(EPA-454/R-98-015) currently available at   HYPERLINK
http://www.epa.gov/ttn.emc01/cem/tribo.pdf.
http://www.epa.gov/ttn.emc01/cem/tribo.pdf.   Each monitoring plan must
describe the items in paragraphs (d)(2)(i) through (vi) of this section.

	(i)  Installation of the bag leak detection system;

	(ii)  Initial and periodic adjustment of the bag leak detection system,
including how the alarm set-point will be established;

	(iii)  Operation of the bag leak detection system, including quality
assurance procedures;

	(iv)  How the bag leak detection system will be maintained, including a
routine maintenance schedule and spare parts inventory list;

	(v)  How the bag leak detection system output will be recorded and
stored; and

	(vi)  Corrective action procedures as specified in paragraph (d)(3) of
this section.  In approving the site-specific monitoring plan, the
Administrator or delegated authority may allow owners and operators more
than 3 hours to alleviate a specific condition that causes an alarm if
the owner or operator identifies in the monitoring plan this specific
condition as one that could lead to an alarm, adequately explains why it
is not feasible to alleviate this specific condition within 3 hours of
the time the alarm occurs, and demonstrates that the requested time will
ensure alleviation of this condition as expeditiously as practicable.

	(3)  For each bag leak detection system, you must initiate procedures
to determine the cause of every alarm within 1 hour of the alarm.
Except as provided in paragraph (d)(2)(vi) of this section, you must
alleviate the cause of the alarm within 3 hours of the alarm by taking
whatever corrective action(s) are necessary.  Corrective actions may
include, but are not limited to the following:

	(i)  Inspecting the baghouse for air leaks, torn or broken bags or
filter media, or any other condition that may cause an increase in
particulate emissions;

	(ii)  Sealing off defective bags or filter media;

	(iii)  Replacing defective bags or filter media or otherwise repairing
the control device;

	(iv)  Sealing off a defective baghouse compartment;

	(v)  Cleaning the bag leak detection system probe or otherwise
repairing the bag leak detection system; or

	(vi)  Shutting down the process producing the particulate emissions.

	(4)  You must maintain records of the information specified in
paragraphs (d)(4)(i) through (iii) of this section for each bag leak
detection system.

	(i)  Records of the bag leak detection system output;

	(ii)  Records of bag leak detection system adjustments, including the
date and time of the adjustment, the initial bag leak detection system
settings, and the final bag leak detection system settings; and

	(iii)  The date and time of all bag leak detection system alarms, the
time that procedures to determine the cause of an alarm were initiated,
whether procedures were initiated within 1 hour of the alarm, the cause
of the alarm, an explanation of the actions taken, the date and time the
cause of the alarm was alleviated, and whether the alarm was alleviated
within 3 hours of the alarm.

	(e)  You must conduct a performance test to demonstrate initial
compliance with the PM emissions limit within 180 days after startup and
report the results in your notification of compliance status.  You must
conduct each PM test according to §63.7(e)(1) using the test methods
and procedures in paragraphs (e)(1) through (5) of this section.

(1)  Method 1 or 1A (40 CFR part 60, appendix A) to select sampling port
locations and the number of traverse points in each stack or duct.
Sampling sites must be located at the outlet of the control device (or
at the outlet of the emissions source if no control device is present)
prior to any releases to the atmosphere.

(2)  Method 2, 2A, 2C, 2D, 2F, or 2G (40 CFR part 60, appendix A) to
determine the volumetric flow rate of the stack gas.

(3)  Method 3, 3A, or 3B (40 CFR part 60, appendix A) to determine the
dry molecular weight of the stack gas.  You may use ANSI/ASME PTC
19.10-1981, “Flue and Exhaust Gas Analyses (incorporated by
reference—see §63.14) as an alternative to EPA Method 3B.

(4)  Method 4 (40 CFR part 60, appendix A) to determine the moisture
content of the stack gas.

(5)  Method 5 (40 CFR part 60, appendix A) to determine the PM
concentration for negative pressure baghouses and Method 5D (40 CFR part
60, appendix A) for positive pressure baghouses.  The sampling time and
volume for each run must be at least 60 minutes and 0.85 dry standard
cubic meters (30 dry standard cubic feet).  A minimum of three valid
test runs are needed to comprise a PM performance test.

	(f)  You must conduct subsequent performance tests to demonstrate
compliance with the PM emissions limit at least once every 5 years.

	(g)  If you use a control device other than a baghouse, you must
prepare and submit a monitoring plan to the Administrator for approval.
Each plan must contain the information in paragraphs (g)(1) through (5)
of this section.

	(1)  A description of the device;

	(2)  Test results collected in accordance with paragraph (e) of this
section verifying the performance of the device for reducing PM to the
levels required by this subpart;

	(3)  Operation and maintenance plan for the control device (including a
preventative maintenance schedule consistent with the manufacturer’s
instructions for routine and long-term maintenance) and continuous
monitoring system.

	(4)  A list of operating parameters that will be monitored to maintain
continuous compliance with the applicable emission limits; and

	(5)  Operating parameter limits based on monitoring data collected
during the performance test.

§63.11156  [Reserved]

Other Requirements and Information

§63.11157  What General Provisions apply to this subpart?

	(a)  If you own or operate a new affected source, you must comply with
the requirements of the General Provisions in 40 CFR part 63, subpart A
as specified in Table 1 to this subpart.

	(b)  Your notification of compliance status required by §63.9(h) must
include the following:

	(1)  The results of the initial performance tests and monitoring data
collected during the test.

	(2)  This certification of compliance, signed by a responsible
official, for the work practice standard in §63.1155(b):  “This
facility complies with the requirement for a capture system for each
smelting furnace, melting furnace, or other vessel that contains molten
material in accordance with §63.11155(b).”

	(3)  This certification of compliance, signed by a responsible
official, for the work practice standard in §63.11155(c):  “This
facility complies with the requirement for a written plan for the
selection, inspection, and pretreatment of copper scrap in accordance
with §63.11155(c).”

	(4)  This certification of compliance, signed by a responsible
official, for the work practice standard in §63.11155(d)(2):  “This
facility has an approved monitoring plan in accordance with
§63.11155(d)(2).”

	(5)  This certification of compliance, signed by a responsible
official, for the work practice standard in §63.11157(g):  “This
facility has an approved monitoring plan in accordance with
§63.11157(g).”

§63.11158  What definitions apply to this subpart?

	Terms used in this subpart are defined in the CAA, in 40 CFR 63.2, and
in this section as follows:

	Anode copper means copper that is cast into anodes and refined in an
electrolytic process to produce high purity copper.

Capture system means the collection of components used to capture gases
and fumes released from one or more emissions points and then convey the
captured gas stream to a control device.  A capture system may include,
but is not limited to, the following components as applicable to a given
capture system design:  duct intake devices, hoods, enclosures,
ductwork, dampers, manifolds, plenums, and fans.

Melting furnace means any furnace, reactor, or other type of vessel that
heats solid materials and produces a molten mass of material.

	Secondary copper smelter means a facility that processes copper scrap
in a blast furnace and converter or that uses another pyrometallurgical
purification process to produce anode copper from copper scrap,
including low-grade copper scrap.  A facility where recycled copper
scrap or copper alloy scrap is melted to produce ingots or for direct
use in a manufacturing process is not a secondary copper smelter.

	Smelting furnace means any furnace, reactor, or other type of vessel in
which copper scrap and fluxes are melted to form a molten mass of
material containing copper and slag.

	Work practice standard means any design, equipment, work practice, or
operational standard, or combination thereof.

§63.11159  Who implements and enforces this subpart?

	(a)  This subpart can be implemented and enforced by the U.S. EPA, or a
delegated authority such as a State, local, or tribal agency.  If the
U.S. EPA Administrator has delegated authority to a State, local, or
tribal agency, then that Agency has the authority to implement and
enforce this subpart.  You should contact your U.S. EPA Regional Office
to find out if this subpart is delegated to a State, local, or tribal
agency.

	(b)  In delegating implementation and enforcement authority of this
subpart to a State, local, or tribal agency under 40 CFR part 63,
subpart E, the authorities contained in paragraph (c) of this section
are retained by the Administrator of the U.S. EPA and are not
transferred to the State, local, or tribal agency.

	(c)  The authorities that will not be delegated to State, local, or
tribal agencies are listed in paragraphs (c)(1) through (4) of this
section.

	(1)  Approval of an alternative non-opacity emissions standard under
§63.6(g).

	(2)  Approval of a major change to test methods under §63.7(e)(2)(ii)
and (f).  A “major change to test method” is defined in §63.90.

	(3)  Approval of a major change to monitoring under §63.8(f).  A
“major change to monitoring” is defined in §63.90.

	(4)  Approval of a major change to recordkeeping/ reporting under
§63.10(f).  A “major change to recordkeeping/reporting” is defined
in §63.90.

Tables to Subpart FFFFFF of Part 63

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

As required in §63.11157(a), you must comply with the requirements of
the General Provisions (40 CFR part 63, subpart A) as shown in the
following table.

Citation	Subject	Applies to Subpart FFFFFF?	Explanation

63.1(a)(1), (a)(2), (a)(3), (a)(4), (a)(6), (a)(10)-(a)(12)  (b)(1),
(b)(3), (c)(1), (c)(2), (c)(5), (e) 	Applicability	Yes.

	63.1(a)(5), (a)(7)-(a)(9), (b)(2), (c)(3), (c)(4), (d)	Reserved	No.

	63.2	Definitions	Yes.

	63.3	Units and Abbreviations	Yes.

	63.4	Prohibited Activities and Circumvention	Yes.

	63.5	Preconstruction Review and Notification Requirements	No.

	63.6(a), (b)(1)-(b)(5), (b)(7), (c)(1), (c)(2), (c)(5), (e)(3)(i),
(e)(3)(iii)-(e)(3)(ix), (f), (g), (i), (j)	Compliance with Standards and
Maintenance Requirements	Yes.

	63.6(b)(6), (c)(3), (c)(4), (d), (e)(2), (e)(3)(ii), (h)(3), (h)(5)(iv)
	Reserved	No.

	63.6(h)(1)-(h)(4), (h)(5)(i)-(h)(5)(iii), (h)(6)-(h)(9)

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

63.7	Performance Testing Requirements	Yes.

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

	63.8(a)(3)	Reserved	No.

	63.8(c), (d), (e), (f)(6), (g)

No.	Subpart FFFFFF does not require a continuous monitoring system.

63.8(a)(4)

No…	Subpart FFFFFF does not require flares.

63.9(a), (b)(1), (b)(2), (b)(5), (c), (d), (e), (f), (g), (h)(1)-(h)(3),
(h)(5), (h)(6), (i), (j)	Notification Requirements	Yes.

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

	63.9(b)(4)

No.

	63.9(f)

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

63.9(g)

No…	Subpart FFFFFF does not require a continuous monitoring system.

63.10(a), (b)(2)(i)-(b)(2)(v), (b)(2)(xiv), (d)(1), (d)(2), (d)(4),
(d)(5), (e)(1), (e)(2), (f) 	Recordkeeping and Reporting Requirements
Yes.

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

	63.10(b)(2)(vi)-(b)(2)(xiii), (c)(1), (c)(5)-(c)(14), (e)(1)-(e)(2),
(e)(4)

	Subpart FFFFFF does not require a continuous monitoring system.

63.10(d)(3)

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

63.10(e)(3)

Yes.

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

63.12	State Authorities and Delegations.	Yes.

	63.13	Addresses.	Yes.

	63.14	Incorporations by Reference.	Yes.

	63.15	Availability of Information and Confidentiality.	Yes.

	63.16	Performance Track Provisions.	Yes.

	6.  Part 63 is amended by adding subpart GGGGGG to

read as follows:

Subpart GGGGGG–-National Emission Standards for Hazardous Air
Pollutants for Primary Nonferrous Metals Area Sources--Zinc, Cadmium,
and Beryllium

Sec.

Applicability and Compliance Dates

63.11160	Am I subject to this subpart?

63.11161	What are my compliance dates?

Primary Zinc Production Facilities

63.11162	What are the standards and compliance requirements for existing
sources?

63.11163	What are the standards and compliance requirements for new
sources?

63.11164	What General Provisions apply to primary zinc production
facilities?

Primary Beryllium Production Facilities

63.11165	What are the standards and compliance requirements for new and
existing sources?

63.11166	What General Provisions apply to primary beryllium production
facilities?

Other Requirements and Information

63.11167	What definitions apply to this subpart?

63.11168	Who implements and enforces this subpart?

	Applicability and Compliance Dates

§63.11160  Am I subject to this subpart?

	(a)  You are subject to this subpart if you own or operate a primary
zinc production facility or primary beryllium production facility that
is an area source of hazardous air pollutant (HAP) emissions.

	(b)  The affected source is each existing or new primary zinc
production facility or primary beryllium production facility.

	(1)  An affected source is existing if you commenced construction or
reconstruction of the affected source before October 6, 2006.

	(2)  An affected source is new if you commenced construction or
reconstruction of the affected source on or after October 6, 2006.

	(c)  If you own or operate a new or existing affected source, you must
obtain a permit under 40 CFR part 70 or 71.

§63.11161  What are my compliance dates?

	(a)  If you have an existing affected source, you must achieve
compliance with applicable provisions in this subpart by [INSERT date of
publication].  If you startup a new sintering machine at an existing
affected source after [INSERT date of publication], you must achieve
compliance with the applicable provisions in this subpart not later than
180 days after startup.

 	(b)  If you have a new affected source, you must achieve compliance
with applicable provisions in this subpart according to the dates in
paragraphs (b)(1) and (2) of this section.

	(1)  If you startup a new affected source on or before [INSERT date of
publication], you must achieve compliance with applicable provisions in
this subpart not later than [INSERT date of publication].

	(2)  If you startup a new affected source after [INSERT date of
publication], you must achieve compliance with applicable provisions in
this subpart upon initial startup.

Primary Zinc Production Facilities

§63.11162  What are the standards and compliance requirements for
existing sources?

	(a)  You must exhaust the off-gases from each roaster to a particulate
matter (PM) control device and to a sulfuric acid plant, including
during the charging of the roaster.

	(b)  Except as provided in paragraph (b)(6) of this section, you must
not discharge to the atmosphere any gases which contain PM in excess of
the emissions limits in paragraphs (b)(1) through (5) of this section.

	(1)  0.93 pound per hour (lb/hr) from the exhaust vent of a zinc
cathode melting furnace.

	(2)  0.1 lb/hr from the exhaust vent of a furnace that melts zinc dust,
zinc chips, and/or other materials containing zinc.

	(3)  0.228 lb/hr from the vent for the combined exhaust from a furnace
melting zinc scrap and an alloy furnace.

	(4)  0.014 grains per dry standard cubic foot (gr/dscf) from the
exhaust vent of an anode casting furnace.

	(5)  0.015 gr/dscf from the exhaust vent of a cadmium melting furnace.

	(6)  You may elect to meet an emissions limit of 0.005 gr/dscf as an
alternative to the emissions limits in lb/hr in paragraphs (b)(1)
through (3) of this section.

	(c)  You must establish an operating range for pressure drop for each
baghouse applied to a furnace subject to an emissions limit in paragraph
(b) of this section based on the minimum and maximum values recorded
during a performance test that demonstrates compliance with the
applicable PM emissions limit.  Alternatively, you may use an operating
range that has been previously established and approved by your
permitting authority within the past 5 years.  You must monitor the
pressure drop daily, maintain the pressure drop for each baghouse within
the established operating range, and record the pressure drop
measurement in a daily log.  You must perform routine maintenance on
each baghouse and record maintenance activities in a baghouse
maintenance log.  Baghouse maintenance logs must include, but are not
limited to, inspections, criteria for changing bag filters, and dates on
which the bag filters are replaced.  Both logs must be maintained in a
suitable permanent form and kept available for inspection.

	(d)  If you own or operate a sintering machine at your facility, you
must comply with the PM emissions limit in 40 CFR 60.172(a) and the
opacity emissions limit in 40 CFR 60.174(a) for that sintering machine.

	(e)  If you own or operate a sintering machine at your facility, you
must install and operate a continuous opacity monitoring system (COMS)
for each sintering machine according to the requirements in 40 CFR
60.175(a).  Each COMS must meet Performance Specification 1 (40 CFR part
60, appendix B).

	(f)  For each furnace at your facility subject to an emissions limit in
paragraph (b) of this section, you must demonstrate initial compliance
with the applicable PM emissions limit in paragraph (b) of this section
based on the results of a performance test for that furnace.  If you own
or operate a sintering machine, you must also demonstrate initial
compliance with the PM and opacity emissions limits in paragraph (d) of
this section based on the results of a performance test for that
sintering machine.

	(1)  You may certify initial compliance for a furnace (and sintering
machine, if applicable) based on the results of a previous performance
test conducted during the past 5 years.

	(2)  If you have not conducted a performance test to demonstrate
compliance with the applicable emissions limits during the past 5 years,
you must conduct a performance test within 180 days of your compliance
date and report the results in your notification of compliance status.
If a furnace subject to an emissions limit in paragraph (b) of this
section is not operating on the compliance date and subsequently resumes
operation, you must conduct a performance test within 180 days of
startup and report the results in your notification of compliance
status.

	(3)  You must conduct each PM test for a furnace according to
§63.7(e)(1) using the test methods and procedures in paragraphs
(f)(3)(i) through (v) of this section.

 (i)  Method 1 or 1A (40 CFR part 60, appendix A) to select sampling
port locations and the number of traverse points in each stack or duct.
Sampling sites must be located at the outlet of the control device (or
at the outlet of the emissions source if no control device is present)
prior to any releases to the atmosphere.

(ii)  Method 2, 2A, 2C, 2D, 2F, or 2G (40 CFR part 60, appendix A) to
determine the volumetric flow rate of the stack gas.

(iii)  Method 3, 3A, or 3B (40 CFR part 60, appendix A) to determine the
dry molecular weight of the stack gas.  You may use ANSI/ASME PTC
19.10-1981, “Flue and Exhaust Gas Analyses (incorporated by
reference—see §63.14) as an alternative to EPA Method 3B.

(iv)  Method 4 (40 CFR part 60, appendix A) to determine the moisture
content of the stack gas.

(v)  Method 5 (40 CFR part 60, appendix A) to determine the PM
concentration for a negative pressure baghouse, Method 5D (40 CFR part
60, appendix A) for a positive pressure baghouse, or an alternative
method previously approved by your permitting authority.  A minimum of
three valid test runs are needed to comprise a PM performance test.

(4)  You must conduct each PM test for a sintering machine according to
§63.7(e)(1) and 40 CFR 60.176(b)(1) using the test methods in paragraph
(f)(3) of this section.  You must determine the PM concentration using
EPA Method 5 (40 CFR part 60, appendix A).  You may use ANSI/ASME PTC
19.10-1981, “Flue and Exhaust Gas Analyses” (incorporated by
reference—see §63.14) as an alternative to EPA Method 3B.

 (5)  You must conduct each opacity test for a sintering machine
according to the requirements in §63.6(h)(7).  You must determine the
opacity of emissions using EPA Method 9 (40 CFR part 60, appendix A).

(g)  For each furnace subject to an emissions limit in paragraph (b) of
this section, you must conduct subsequent performance tests according to
the requirements in paragraph (f)(3) of this section to demonstrate
compliance with the applicable PM emissions limit for the furnace every
5 years.

(h)  You must submit a notification to your permitting authority of any
deviation from the requirements of this subpart within 30 days after the
deviation.  The notification must describe the probable cause of the
deviation and any corrective actions or preventative measures taken.

	(i)  You must submit semiannual monitoring reports to your permitting
authority containing the results for all monitoring required by this
subpart.  All deviations that occur during the reporting period must be
clearly identified.

	(j)  You must keep records of all required monitoring data and support
information.  Support information includes all calibration and
maintenance records and all original strip chart recordings for
continuous monitoring instrumentation and copies of all reports required
by this subpart.

	(k)  You must comply with the operation and maintenance requirements
specified in paragraphs (k)(1) and (2) of this section and the
requirements for emergency situations specified in paragraph (k)(3) or
(4) of this section.

	(1)  You must maintain all equipment covered under this subpart in such
a manner that the performance or operation of such equipment does not
cause a deviation from the applicable requirements.

	(2)  You must keep a maintenance record for each item of air pollution
control equipment.  At a minimum, this record must show the dates of
performing maintenance and the nature of preventative maintenance
activities.

	(3)  Except as specified in paragraph (k)(4) of this section, in the
event of an emergency situation you must comply with the requirements in
paragraphs (k)(3)(i) through (iii) of this section.  For the purpose of
complying with this paragraph, an emergency situation is any situation
arising from sudden and reasonably unforeseeable events beyond the
control of the facility owner or operator that require immediate
corrective action to restore normal operation, and that cause the
affected source to exceed applicable emission limitation under this
subpart, due to unavoidable increases in emissions attributable to the
emergency.  An emergency must not include noncompliance to the extent it
is caused by improperly designed equipment, lack of preventive
maintenance, careless or improper operation, or operator error.

	(i)  During the period of the emergency you must implement all
reasonable steps to minimize levels of emissions that exceeded the
emission standards or other applicable requirements in this subpart.

	(ii)  You must document through signed contemporaneous logs or other
relevant evidence that an emergency occurred and you can identify the
probable cause, your facility was being operated properly at the time
the emergency occurred, and the corrective actions taken to minimize
emissions as required by paragraph (k)(3)(i) of this section.

	(iii)  You must submit a notice of the emergency to the permitting
authority within two working days of the time when emission limitations
were exceeded due to the emergency (or an alternative timeframe
acceptable to the permitting authority).  This notice must contain a
description of the emergency, any steps taken to mitigate emissions, and
corrective actions taken.

	(4)  As an alternative to the requirements in paragraph (k)(3) of this
section, you must comply with the startup, shutdown, and malfunction
requirements in 40 CFR 63.6(e)(3).

§63.11163  What are the standards and compliance requirements for new
sources?

	(a)  You must exhaust the off-gases from each roaster to a PM control
device and to a sulfuric acid plant, including the charging of the
roaster.

	(b)  You must not discharge to the atmosphere any gases which contain
PM in excess of the emissions limits in paragraphs (b)(1) through (3) of
this section.

	(1)  0.005 gr/dscf from the exhaust vent of a zinc cathode melting
furnace; scrap zinc melting furnace; furnace melting zinc dust, zinc
chips, and other materials containing zinc; and alloy melting furnace.

(2)  0.014 gr/dscf from the exhaust vent of an anode casting furnace.

	(3)  0.015 gr/dscf from the exhaust vent of a cadmium melting furnace.

(c)  For each melting furnace, you must install and operate a capture
system that collects gases and fumes from the melting furnace and from
the transfer of molten materials and conveys the collected gases to a
control device.

	(d)  You must install, operate, and maintain a bag leak detection
system on all baghouses used to comply with the PM emissions limit in
paragraph (b) of this section according to paragraph (d)(1) of this
section, prepare and operate by a site-specific monitoring plan
according to paragraph (d)(2) of this section, take corrective action
according to paragraph (d)(3) of this section, and record information
according to paragraph (d)(4) of this section.

	(1)  Each bag leak detection system must meet the specifications and
requirements in paragraphs (d)(1)(i) through (viii) of this section.

	(i)  The bag leak detection system must be certified by the
manufacturer to be capable of detecting PM emissions at concentrations
of 1 milligram per actual cubic meter (0.00044 grains per actual cubic
foot) or less.

	(ii)  The bag leak detection system sensor must provide output of
relative PM loadings.  The owner or operator must continuously record
the output from the bag leak detection system using electronic or other
means (e.g., using a strip chart recorder or a data logger.)

	(iii)  The bag leak detection system must be equipped with an alarm
system that will sound when the system detects an increase in relative
particulate loading over the alarm set point established according to
paragraph (d)(1)(iv) of this section, and the alarm must be located such
that it can be heard by the appropriate plant personnel.

	(iv)  In the initial adjustment of the bag leak detection system, you
must establish, at a minimum, the baseline output by adjusting the
sensitivity (range) and the averaging period of the device, the alarm
set points, and the alarm delay time.

	(v)  Following initial adjustment, you must not adjust the averaging
period, alarm set point, or alarm delay time without approval from the
Administrator or delegated authority except as provided in paragraph
(d)(1)(vi) of this section.

	(vi)  Once per quarter, you may adjust the sensitivity of the bag leak
detection system to account for seasonal effects, including temperature
and humidity, according to the procedures identified in the
site-specific monitoring plan required by paragraph (d)(2) of this
section.

	(vii)  You must install the bag leak detection sensor downstream of the
baghouse and upstream of any wet scrubber.

	(viii)  Where multiple detectors are required, the system’s
instrumentation and alarm may be shared among detectors.

	(2)  You must develop and submit to the Administrator or delegated
authority for approval a site-specific monitoring plan for each bag leak
detection system.  You must operate and maintain the bag leak detection
system according to the site-specific monitoring plan at all times.  For
each bag leak detection system that operates on the triboelectric
effect, the monitoring plan must be consistent with the recommendations
contained in the "Fabric Filter Bag Leak Detection Guidance"
(EPA-454/R-98-015) currently available at   HYPERLINK
http://www.epa.gov/ttn.emc01/cem/tribo.pdf.
http://www.epa.gov/ttn.emc01/cem/tribo.pdf.   Each monitoring plan must
describe the items in paragraphs (d)(2)(i) through (vi) of this section.

	(i)  Installation of the bag leak detection system;

	(ii)  Initial and periodic adjustment of the bag leak detection system,
including how the alarm set-point will be established;

	(iii)  Operation of the bag leak detection system, including quality
assurance procedures;

	(iv)  How the bag leak detection system will be maintained, including a
routine maintenance schedule and spare parts inventory list;

	(v)  How the bag leak detection system output will be recorded and
stored; and

	(vi)  Corrective action procedures as specified in paragraph (d)(3) of
this section.  In approving the site-specific monitoring plan, the
Administrator or delegated authority may allow owners and operators more
than 3 hours to alleviate a specific condition that causes an alarm if
the owner or operator identifies in the monitoring plan this specific
condition as one that could lead to an alarm, adequately explains why it
is not feasible to alleviate this condition within 3 hours of the time
the alarm occurs, and demonstrates that the requested time will ensure
alleviation of this condition as expeditiously as practicable.

	(3)  For each bag leak detection system, you must initiate procedures
to determine the cause of every alarm within 1 hour of the alarm.
Except as provided in paragraph (d)(2)(vi) of this section, you must
alleviate the cause of the alarm within 3 hours of the alarm by taking
whatever corrective action(s) are necessary.  Corrective actions may
include, but are not limited to the following:

	(i)  Inspecting the baghouse for air leaks, torn or broken bags or
filter media, or any other condition that may cause an increase in
particulate emissions;

	(ii)  Sealing off defective bags or filter media;

	(iii)  Replacing defective bags or filter media or otherwise repairing
the control device;

	(iv)  Sealing off a defective baghouse compartment;

	(v)  Cleaning the bag leak detection system probe or otherwise
repairing the bag leak detection system; or

	(vi)  Shutting down the process producing the particulate emissions.

	(4)  You must maintain records of the information specified in
paragraphs (d)(4)(i) through (iii) of this section for each bag leak
detection system.

	(i)  Records of the bag leak detection system output;

	(ii)  Records of bag leak detection system adjustments, including the
date and time of the adjustment, the initial bag leak detection system
settings, and the final bag leak detection system settings; and

	(iii)  The date and time of all bag leak detection system alarms, the
time that procedures to determine the cause of the alarm were initiated,
if procedures were initiated within 1 hour of the alarm, the cause of
the alarm, an explanation of the actions taken, the date and time the
cause of the alarm was alleviated, and if the alarm was alleviated
within 3 hours of the alarm.

	(e)  If there is a sintering machine at your primary zinc production
facility, you must comply with the PM emissions limit in 40 CFR
60.172(a) and the opacity emissions limit in 40 CFR 60.174(a) for that
sintering machine.

	(f)  If there is a sintering machine at your primary zinc production
facility, you must install and operate a COMS for each sintering machine
according to the requirements in 40 CFR 60.175(a).  Each COMS must meet
EPA Performance Specification 1 (40 CFR part 60, appendix B).

	(g)  For each furnace (and sintering machine, if applicable) at your
facility, you must conduct a performance test to demonstrate initial
compliance with each applicable PM emissions limit for that furnace (and
the PM and opacity limits for a sintering machine, if applicable) within
180 days after startup and report the results in your notification of
compliance status.

	(1)  You must conduct each PM test for a furnace according to
§63.7(e)(1) using the test methods and procedures in paragraphs
(g)(1)(i) through (v) of this section.

 (i)  Method 1 or 1A (40 CFR part 60, appendix A) to select sampling
port locations and the number of traverse points in each stack or duct.
Sampling sites must be located at the outlet of the control device (or
at the outlet of the emissions source if no control device is present)
prior to any releases to the atmosphere.

(ii)  Method 2, 2A, 2C, 2D, 2F, or 2G (40 CFR part 60, appendix A) to
determine the volumetric flow rate of the stack gas.

(iii)  Method 3, 3A, or 3B (40 CFR part 60, appendix A) to determine the
dry molecular weight of the stack gas.  You may use ANSI/ASME PTC
19.10-1981, “Flue and Exhaust Gas Analyses (incorporated by
reference—see §63.14) as an alternative to EPA Method 3B.

(iv)  Method 4 (40 CFR part 60, appendix A) to determine the moisture
content of the stack gas.

(v)  Method 5 (40 CFR part 60, appendix A) to determine the PM
concentration for negative pressure baghouses or Method 5D (40 CFR part
60, appendix A) for positive pressure baghouses.  A minimum of three
valid test runs are needed to comprise a PM performance test.

(2)  You must conduct each PM test for a sintering machine according to
§63.7(e)(1) and 40 CFR 60.176(b)(1) using the test methods in paragraph
(g)(1) of this section.  You must determine the PM concentration using
EPA Method 5 (40 CFR part 60, appendix A).  You may use ANSI/ASME PTC
19.10-1981, “Flue and Exhaust Gas Analyses” (incorporated by
reference—see §63.14) as an alternative to EPA Method 3B.

	(3)  You must conduct each opacity test for a sintering machine
according to the requirements in §63.6(h)(7).  You must determine the
opacity of emissions using EPA Method 9 (40 CFR part 60, appendix A).

	(h)  You must conduct subsequent performance tests according to the
requirements in paragraph (g)(1) of this section for each furnace
subject to an emissions limit in paragraph (b) of this section to
demonstrate compliance at least once every 5 years.

	(i)  If you use a control device other than a baghouse, you must
prepare and submit a monitoring plan to the Administrator for approval.
Each plan must contain the information in paragraphs (i)(1) through (5)
of this section.

	(1)  A description of the device;

	(2)  Test results collected in accordance with paragraph (g) of this
section verifying the performance of the device for reducing PM and
opacity to the levels required by this subpart;

	(3)  Operation and maintenance plan for the control device (including a
preventative maintenance schedule consistent with the manufacturer’s
instructions for routine and long-term maintenance) and continuous
monitoring system;

	(4)  A list of operating parameters that will be monitored to maintain
continuous compliance with the applicable emission limits; and

	(5)  Operating parameter limits based on monitoring data collected
during the performance test.

	(i)  As an alternative to the startup, shutdown, and malfunction
requirements in 40 CFR 63.6(e)(3), you must comply with the requirements
specified in this paragraph.  In the event of an emergency situation,
you must comply with the requirements in paragraphs (i)(1) through (3)
of this section.  For the purpose of complying with this paragraph, an
emergency situation is any situation arising from sudden and reasonably
unforeseeable events beyond the control of the facility owner or
operator that require immediate corrective action to restore normal
operation, and that cause the affected source to exceed applicable
emission limitation under this subpart, due to unavoidable increases in
emissions attributable to the emergency.  An emergency must not include
noncompliance to the extent it is caused by improperly designed
equipment, lack of preventive maintenance, careless or improper
operation, or operator error.

	(1)  During the period of the emergency you must implement all
reasonable steps to minimize levels of emissions that exceeded the
emission standards or other applicable requirements in this subpart.

	(2)  You must document through signed contemporaneous logs or other
relevant evidence that an emergency occurred and you can identify the
probable cause, your facility was being operated properly at the time
the emergency occurred, and the corrective actions taken to minimize
emissions as required by paragraph (i)(1) of this section.

	(3)  You must submit a notice of the emergency to the permitting
authority within two working days of the time when emission limitations
were exceeded due to the emergency (or an alternative timeframe
acceptable to the permitting authority).  This notice must contain a
description of the emergency, any steps taken to mitigate emissions, and
corrective actions taken.

63.11164	What General Provisions apply to primary zinc production
facilities?

 (a)  If you own or operate an existing affected source, you must comply
with the requirements of the General Provisions in 40 CFR part 63,
subpart A, according to Table 1 to this subpart and paragraphs (a)(1)
through (3) of this section.

	(1)  Your notification of compliance status required by §63.9(h) must
include this certification of compliance, signed by a responsible
official, for the work practice standards in §63.11162(a):  “This
facility complies with the work practice standards in §63.11162(a).”

	(2)  If you certify compliance with the PM emissions limits in
§63.11162(b) based on a previous performance test, your notification of
compliance status required by §63.9(h) must include this certification
of compliance, signed by a responsible official:  “This facility
complies with the PM emissions limits in §63.11162(b) based on a
previous performance test.”

(3)  If you conduct a new performance test to demonstrate compliance
with the PM emissions limits for a furnace in §63.11162(b), your
notification of compliance status required by §63.9(h) must include the
results of the performance test, including required monitoring data.

	(b)  If you own or operate a new affected source, you must comply with
the requirements of the General Provisions (40 CFR part 63, subpart A)
as provided in Table 1 to this subpart and paragraphs (b)(1) through (4)
of this section.

	(1)  Your notification of compliance status required in §63.9(h) must
include the results of the initial performance tests, including required
monitoring data.

	(2)  Your notification of compliance status required by §63.9(h) must
include this certification of compliance, signed by a responsible
official, for the work practice standard in §63.11163(a):  “This
facility complies with the work practice standards in §63.11163(a).”

(3)  Your notification of compliance status required by §63.9(h) must
include this certification of compliance, signed by a responsible
official, for the capture system requirements in §63.11163(c):  “This
facility has installed capture systems according to §63.11163(c).”

(4)  If you use a baghouse that is subject to the requirements in
§63.11163(d), your notification of compliance status required by
§63.9(h) must include this certification of compliance, signed by a
responsible official, for the bag leak detection system requirements in
§63.11163(d):  “This facility has an approved monitoring plan in
accordance with §63.11163(d).”

(5)  If you use control devices other than baghouses, your notification
of compliance status required by §63.9(h) must include this
certification of compliance, signed by a responsible official for the
monitoring plan requirements in §63.11163(i):  “This facility has an
approved monitoring plan in accordance with §63.11163(i).”

Primary Beryllium Production Facilities

§63.11165  What are the standards and compliance requirements for new
and existing sources?

	You must comply with the requirements in 40 CFR 61.32 through 40 CFR
61.34 of the National Emission Standards for Beryllium (40 CFR part 61,
subpart C).

§63.11166  What General Provisions apply to primary beryllium
production facilities?

(a)  You must comply with all of the requirements of the General
Provisions in 40 CFR part 61, subpart A.

(b)  You must comply with the requirements of the General Provisions in
40 CFR part 63, subpart A, that are specified in paragraphs (b)(1) and
(2) of this section.

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

(2)  Section 63.1(b) except paragraph (b)(3), §63.1(c), and §63.1(e).

Other Requirements and Information

§63.11167  What definitions apply to this subpart?

	Terms used in this subpart are defined in the CAA;

40 CFR 60.2; 60.171; 61.02; 61.31; 61.61; 63.2; and in this section as
follows:

	Alloy furnace means any furnace used to melt alloys or to produce zinc
that contains alloys.

	Anode casting furnace means any furnace that melts materials to produce
the anodes used in the electrolytic process for the production of zinc.

	Bag leak detection system means a system that is capable of
continuously monitoring the relative particulate matter (dust) loadings
in the exhaust of a baghouse to detect bag leaks and other conditions
that result in increases in particulate loadings.  A bag leak detection
system includes, but it not limited to, an instrument that operates on
triboelectric, electrodynamic, light scattering, light transmittance, or
other effect to continuously monitor relative particulate matter
loadings.

	Cadmium melting furnace means any furnace used to melt cadmium or
produce cadmium oxide from the cadmium recovered in the zinc production
process.

	Capture system means the collection of equipment used to capture gases
and fumes released from one or more emissions points and then convey the
captured gas stream to a control device.  A capture system may include,
but is not limited to, the following components as applicable to a given
capture system design:  duct intake devices, hoods, enclosures,
ductwork, dampers, manifolds, plenums, and fans.

Deviation means any instance in which an affected source subject to this
subpart, or an owner or operator of such a source:

(1)  Fails to meet any requirement or obligation established by this
subpart, including but not limited to any emissions limitation or work
practice standard;

(2)  Fails to meet any term or condition that is adopted to implement an
applicable requirement in this subpart and that is included in the
operating permit for any affected source required to obtain such a
permit; or

(3)  Fails to meet any emissions limitation or work practice standard in
this subpart during startup, shutdown, or malfunction, regardless of
whether or not such failure is permitted by this subpart.

Primary beryllium production facility means any establishment engaged in
the chemical processing of beryllium ore to produce beryllium metal,
alloy, or oxide, or performing any of the intermediate steps in these
processes.  A primary beryllium production facility may also be known as
an extraction plant.

	Primary zinc production facility means an installation engaged in the
production, or any intermediate process in the production, of zinc or
zinc oxide from zinc sulfide ore concentrates through the use of
pyrometallurgical techniques.

	Responsible official means responsible official as defined in 40 CFR
70.2.

	Roaster means any facility in which a zinc sulfide ore concentrate
charge is heated in the presence of air to eliminate a significant
portion (more than 10 percent) of the sulfur contained in the charge.

	Sintering machine means any furnace in which calcines are heated in the
presence of air to agglomerate the calcines into a hard porous mass
called sinter.

	Sulfuric acid plant means any facility producing sulfuric acid from the
sulfur dioxide (SO2) in the gases from the roaster.

	Work practice standard means any design, equipment, work practice, or
operational standard, or combination thereof.

Zinc cathode melting furnace means any furnace used to melt the pure
zinc from the electrolytic process.

§63.11168  Who implements and enforces this subpart?

	(a)  This subpart can be implemented and enforced by the U.S. EPA or a
delegated authority such as a State, local, or tribal agency.  If the
U.S. EPA Administrator has delegated authority to a State, local, or
tribal agency, then that Agency has the authority to implement and
enforce this subpart.  You should contact your U.S. EPA Regional Office
to find out if this subpart is delegated to your State, local, or tribal
agency.

	(b)  In delegating implementation and enforcement authority of this
subpart to a State, local, or tribal agency under 40 CFR part 63,
subpart E, the authorities contained in paragraphs (c) and (d) of this
section are retained by the Administrator of the U.S. EPA and are not
transferred to the State, local, or tribal agency.

	(c)  For primary zinc production facilities subject to this subpart,
the authorities that will not be delegated to State, local, or tribal
agencies are listed in paragraphs (c)(1) through (5) of this section.

	(1)  Approval of an alternative non-opacity emissions standard under
§63.6(g).

	(2)  Approval of an alternative opacity emissions standard under
§63.6(h)(9).

	(3)  Approval of a major change to test methods under §63.7(e)(2)(ii)
and (f).  A “major change to test method” is defined in §63.90

	(4)  Approval of a major change to monitoring under §63.8(f).  A
“major change to monitoring” is defined in §63.90.

	(5)  Approval of a major change to recordkeeping/ reporting under
§63.10(f).  A “major change to recordkeeping/reporting” is defined
in §63.90.

	(d)  For primary beryllium manufacturing facilities subject to this
subpart, the authorities that will not be delegated to State, local, or
tribal agencies are listed in paragraphs (d)(1) through (4) of this
section.

	(1)  Approval of an alternative non-opacity emissions standard under 40
CFR 61.12(d).

	(2)  Approval of a major change to test methods under 40 CFR 61.13(h).
A “major change to test method” is defined in §63.90.

	(3)  Approval of a major change to monitoring under 40 CFR 61.14(g).  A
“major change to monitoring” is defined in §63.90.

	(4)  Approval of a major change to recordkeeping/reporting under 40 CFR
61.10.  A “major change to recordkeeping/reporting” is defined in
§63.90.

Tables to Subpart GGGGGG of Part 63

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

	As required in §63.11164(a) and (b), you must comply with the
requirements of the NESHAP General Provisions (40 CFR part 63, subpart
A) as shown in the following table.

Citation	Subject	Applies to Subpart GGGGGG	Explanation

63.1(a)(1), (a)(2), (a)(3), (a)(4), (a)(6), (a)(10)-(a)(12)  (b)(1),
(b)(3), (c)(1), (c)(2), (c)(5), (e) 	Applicability.	Yes.

	63.1(a)(5), (a)(7)-(a)(9), (b)(2), (c)(3), (c)(4), (d)	Reserved.	No.

	63.2	Definitions.	Yes.

	63.3	Units and Abbreviations.	Yes.

	63.4	Prohibited Activities and Circumvention.	Yes.

	63.5	Preconstruction Review and Notification Requirements.	No.

	63.6(a), (b)(1)-(b)(5), (b)(7), (c)(1), (c)(2), (c)(5)	Compliance with
Standards and Maintenance Requirements - Applicability Compliance Dates
Yes.

	63.6(e)	Operation and Maintenance Requirements	Yes/No.	Operation and
maintenance requirements do not apply to existing sources except that
the startup, shutdown, and malfunction requirements in §63.6(e)(3) are
allowed as an alternative to the rule requirements for emergency
situations.  Operation and maintenance requirements  apply to new
sources except that the rule requirements for emergency situations are
allowed as an alternative to the  startup, shutdown, and malfunction
requirements in §63.6(e)(3).

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

	63.6(b)(6), (c)(3), (c)(4), (d), (e)(2), (e)(3)(ii), (h)(3), (h)(5)(iv)
	Reserved	No.

	63.6(h)(1)-(h)(4), (h)(5)(i)-(h)(5)(iii), (h)(6)-(h)(9)

Yes.

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

	63.7(b), (c)

Yes/No…	Notification of performance tests and quality assurance
program apply to new sources but not existing sources.

63.8(a)(1), (a)(2), (b), (c), (f), (g) 	Monitoring Requirements	Yes…
Requirements in §63.6(c)(4)(i)-(ii), (c)(5), (c)(6), (d), (e), (f)(6),
and (g) apply if a COMS is used.

63.8(a)(3)	Reserved	No.

	63.8(a)(4)

No…	Subpart GGGGGG does not require flares.

63.8(d), (e)

Yes/No…	Requirements for quality control program and performance
evaluations apply to new sources but not existing sources.

63.9(a), (b)(1), (b)(2), (b)(5), (c), (d), (f), (g), (h)(1)-(h)(3),
(h)(5), (h)(6), (i), (j)	Notification Requirements	Yes/No…
Notification of performance tests and opacity or visible emissions
observations apply to new sources but not existing sources.

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

	63.9(b)(4)

No.

	63.10(a), (b)(1), (b)(2)(i)-(v),  (d)(4), (d)(5)(i), (f)	Recordkeeping
and Reporting Requirements	Yes.

	63.10(b)(2), (b)(3), (c)(1), (c)(5)-(c)(8), (c)(10)-(c)(15),
(d)(1)-(d)(3), (d)(5)(ii), (e)(1), (e)(2), (e)(4)

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

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

	63.10(e)(3)

Yes/No…	Reporting requirements apply to new sources but not existing
sources.

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

63.12	State Authorities and Delegations.	Yes.

	63.13	Addresses.	Yes.

	63.14	Incorporations by Reference.	Yes.

	63.15	Availability of Information and Confidentiality.	Yes.

	63.16	Performance Track Provisions.	Yes.

 Under section 112(a) of the Clean Air Act, an area source is defined as
a stationary source that is not a major source.  A major source is
defined as a stationary source or a group of stationary sources located
within a contiguous area and under common control that emits or has the
potential to emit considering controls, in the aggregate, 10 tons per
year or more of any HAP or 25 tons per year or more of any combination
of HAP.

 In 1995, the Court of Appeals for the District of Columbia Circuit
reviewed the definition of “potential to emit” (PTE) contained in 40
CFR in 40 CFR 63.2 (National Mining Ass’n v. EPA, 59 F.3d 1351 (D.C.
Cir. 1995)).  In July 2005, the D.C. Circuit remanded the definition to
EPA to the extent the definition required that physical or operational
limitations be "federally enforceable" (National Mining Ass’n v. EPA,
59 F.3d 1351 (D.C. Cir. 1995)).  The court did not vacate the 40 CFR
part 63 regulations and therefore the definition of “potential to
emit” in 40 CFR part 63 remains in place.  EPA is currently in the
process of developing a proposed rule that responds to the court’s
remand.  EPA has a transitional policy that relates to PTE.  See
“Options for Limiting the Potential to Emit (PTE) of a Stationary
Source Under Section 112 and Title V of the Clean Air Act (Act)” (Jan.
25, 1995), available at
http://www.epa.gov/Region7/programs/artd/air/title5/t5memos/ptememo.pdf.
 EPA has extended the transition policy several times. See "Third
Extension of January 25, 1995 Potential to Emit Transition Policy"
(December 20, 1999), available at   HYPERLINK
"http://www.epa.gov/Region7/programs/artd/air/title5/t5memos/4thext.pdf"
 http://www.epa.gov/Region7/programs/artd/air/title5/t5memos/4thext.pdf
.  Under the Third Extension, sources can rely on State-only enforceable
PTE limits until we finalize our response to the remand.

 It is not clear whether the one polyvinyl chloride area source plant
known to the National Association of Clean Air Agencies (NACAA) was
among the plants that the NACAA analyzed in developing the recommended
limits.

 PAGE

 PAGE   139

National Emission Standards for Hazardous Air Pollutants for Area
Sources:  Polyvinyl Chloride and Copolymers Production, Primary Copper
Smelting, Secondary Copper Smelting, and Primary Nonferrous
Metals–Zinc, Cadmium, and Beryllium

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