the information collection requirements in 40 CFR part 61, subpart F,
under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et
seq. and has assigned OMB control number 2060-0071, EPA Information
Collection Request (ICR) number 0186.10.
    A copy of the OMB-approved ICR for the National Emission Standards
for Vinyl Chloride and Beryllium may be obtained from Susan Auby,
Collection Strategies Division, U.S. EPA (2822T), 1200 Pennsylvania
Ave., NW., Washington, DC 20460, by e-mail at<EMAIL_ADDRESS>or by
calling<PHONE_NUMBER>.
    Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, disclose, or provide
information to or for a Federal agency. This includes the time needed
to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR part 63 are listed in 40 CFR part 9.
    The proposed requirements for primary beryllium production
facilities in the proposed NESHAP for Primary Nonferrous Metals Area
Sources do not impose any new information collection burden. New and
existing plants that are area sources would be required to comply with
the same testing, monitoring, recordkeeping, and reporting requirements
as those in the National Emission Standards for Beryllium (40 CFR part
61, subpart C), to which these area sources are currently subject, and
the information collection requirements in the part 61 General
Provisions (40 CFR part 61, subpart A), which are incorporated into the
proposed NESHAP for these sources. The OMB has previously approved
these information collection requirements in 40 CFR part 61, subpart C,
under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et
seq. and has assigned OMB control number 2060-0092, EPA ICR number
0193.08.
    A copy of the OMB-approved ICR for the National Emission Standards
for Vinyl Chloride and Beryllium may be obtained from Susan Auby,
Collection Strategies Division, U.S. EPA (2822T), 1200 Pennsylvania
Ave., NW., Washington, DC 20460, by e-mail at<EMAIL_ADDRESS>or by
calling<PHONE_NUMBER>.
    Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, disclose, or provide
information to or for a Federal agency. This includes the time needed
to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR part 63 are listed in 40 CFR part 9.
    The information requirements in the proposed NESHAP for Polyvinyl
Chloride and Copolymers Production Area Sources, Primary Copper
Smelting Area Sources, Secondary Copper Smelting Area Sources, and
Primary Nonferrous Metals-Zinc, Cadmium, and Beryllium Area Sources
have been submitted for approval to OMB under the Paperwork Reduction
Act, 44 U.S.C. 3501 et seq. The ICR document prepared by EPA has been
assigned EPA ICR number 2240.01.
    The proposed information collection requirements are based on the
current title V permitting requirements for existing sources and the
information collection requirements in the part 63 General Provisions
(40 CFR part 63, subpart A), most of which are incorporated into the
proposed NESHAP for new sources. The ICR document includes the burden
estimates for all applicable General Provisions. These recordkeeping
and reporting requirements are mandatory pursuant to section 114 of the
CAA (42 U.S.C. 7414). All information submitted to EPA pursuant to the
information collection requirements for which a claim of
confidentiality is made is safeguarded according to CAA section 114(c)
and the Agency's implementing regulations at 40 CFR part 2, subpart B.
    The PM testing, monitoring, recordkeeping, and reporting
requirements with which existing primary copper smelting and primary
zinc smelting area sources would be required to comply under the
proposed NESHAP are the same as the requirements that are in these
facilities' current title V operating permits. The only new information
collection requirements that would apply to these area sources would
consist of initial notifications and SSM plan, reporting, and
recordkeeping requirements. Any new primary zinc production facility,
primary copper smelter, or secondary copper smelter area source would
be subject to all information collection requirements in the part 63
General Provisions.
    The annual burden for this information collection averaged over the
first 3 years of this ICR is estimated to total 9 labor hours per year
at a cost of $771 for the one existing primary copper smelting area
source and 18.5 labor hours per year at a cost of $1,566 for the two
existing primary zinc smelting area sources. No capital/startup costs
or operation and maintenance costs are associated with the proposed
requirements. No costs or burden hours are estimated for new primary
copper smelters, secondary copper smelters, or primary zinc production
area sources because no new sources are estimated during the 3-year
period of the ICR. No new sources have been constructed in more than 10
years, no new construction has been announced, and we have no
indication there will be any new sources in the next 3 years.
    Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, disclose, or provide
information to or for a Federal agency. This includes the time needed
to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.

    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR part 63 are listed in 40 CFR part 9.
    To comment on the Agency's need for this information, the accuracy
of the provided burden estimates, and any suggested methods for
minimizing respondent burden, including the use of automated collection
techniques, EPA has established a public docket for this action, which
includes this ICR, under Docket ID number EPA-HQ-OAR-2006-0510. Submit
any comments related to the ICR for the proposed rules to EPA and OMB.
See ADDRESSES section at the beginning of this notice for where to
submit comments to EPA. Send comments to OMB at the Office of
Information and Regulatory Affairs, Office of Management and Budget,
725 17th Street NW., Washington, DC 20503, Attention: Desk Officer for
EPA. Since OMB is required to make a decision concerning the ICR
between 30 and 60 days after October 6, 2006, a comment to OMB is best
assured of having its full effect if OMB receives it by November 6,
2006. The final rule will respond to any OMB or public comments on the
information collection requirements contained in this proposal.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
rule would not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small not-for-profit enterprises, and small governmental jurisdictions.
    For the purposes of assessing the impacts of the proposed area
source NESHAP on small entities, small entity is defined as: (1) A
small business that meets the Small Business Administration size
standards for small businesses found at 13 CFR 121.201 (less than 1,000
employees for primary copper smelting and less than 750 employees for
PVC and copolymers production, secondary copper smelting, and primary
nonferrous metals manufacturing); (2) a small governmental jurisdiction
that is a government of a city, county, town, school district, or
special district with a population of less than 50,000; and (3) a small
organization that is any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field.
    After considering the economic impacts of the proposed rules on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. There would
not be adverse impacts on existing area sources of PVC and copolymer
production facilities, primary copper smelters, and non-ferrous metal
production facilities because the proposed rules do not create any new
requirements or burdens other than minimal notification requirements
for existing sources. There would be no adverse impacts on existing
secondary copper area sources because there are no existing sources in
the category. Although the proposed NESHAP contain emission control
requirements for new area sources in all four source categories, we are
not aware of any new sources being constructed now or planned in the
near future, and consequently, we did not estimate any impacts for new
sources.
    We continue to be interested in the potential impacts of the
proposed action on small entities and welcome comments on issues
related to such impacts.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures by State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
1 year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective, or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective, or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
    EPA has determined that the proposed rules do not contain a Federal
mandate that may result in expenditures of $100 million or more for
State, local, and tribal governments, in the aggregate, or the private
sector in any one year. As discussed earlier in this preamble, the
estimated expenditures for the private sector in any 1 year are less
than $2,500. Thus, the proposed rules are not subject to the
requirements of sections 202 and 205 of the UMRA. In addition, the
proposed rules do not significantly or uniquely affect small
governments. The proposed rules contain no requirements that apply to
such governments, impose no obligations upon them, and would not result
in expenditures by them of $100 million or more in any one year or any
disproportionate impacts on them. Therefore, the proposed rules are not
subject to section 203 of the UMRA.

E. Executive Order 13132: Federalism

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

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

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

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

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

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

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

I. National Technology Transfer Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) of 1995 (Pub. L. No. 104-113, section 12(d), 15 U.S.C. 272
note) directs EPA to use voluntary consensus standards (VCS) in its
regulatory activities, unless to do so would be inconsistent with
applicable law or otherwise impractical. The VCS are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
VCS bodies. The NTTAA directs EPA to provide Congress, through OMB,
explanations when the Agency does not use available and applicable VCS.
    The proposed rules involve technical standards. The EPA cites the
following standards: EPA Methods 1, 1A, 2, 2A, 2C, 2D, 2F, 2G, 3, 3A,
3B, 4, 5, 5D, and 9 in 40 CFR part 60, appendix A; and Performance
Specification (PS) 1 and 11 in 40 CFR part 60, appendix B. Consistent
with the NTTAA, EPA conducted searches to identify voluntary consensus
standards in addition to these EPA methods. No applicable VCS were
identified for EPA Methods 1A, 2A, 2D, 2F, 2G, 5D or 9. The search and
review results are in the docket for this rule.
    The search identified one VCS as an acceptable alternative to EPA
Method 3B. The method ASME PTC 19.10-1981, ``Flue and Exhaust Gas
Analyses,'' (incorporated by reference-see 40 CFR 63.14) is cited in
this rule for its manual method for measuring the oxygen, carbon
dioxide, and carbon monoxide content of the exhaust gas. This part of
ASME PTC 19.10-1981 is an acceptable alternative to EPA Method 3B.
    The standard ASTM D6216 (1998), ``Standard Practice for Opacity
Monitor Manufacturers to Certify Conformance with Design and
Performance Specifications,'' was designated an acceptable alternative
for the design specifications given in EPA's PS-1 (promulgated in March
1983). As a result, EPA incorporated ASTM D6216-98 by reference into
PS-1 as the design specifications for opacity monitors in August 2000.
    The search for emissions measurement procedures identified 13 other
VCS. The EPA determined that these 13 standards identified for
measuring emissions of the HAP or surrogates subject to emission
standards in this proposed rule were impractical alternatives to EPA
test methods. Therefore, EPA does not intend to adopt these standards
for this purpose. The reasons for the determinations for the 13 methods
are in the docket for this proposed rule.
    For the methods required or referenced by the proposed rules, a
source may apply to EPA for permission to use alternative test methods
or alternative monitoring requirements in place of any required testing
methods, performance specifications, or procedures under Sec.  63.7(f)
and Sec.  63.8(f) of subpart A of the General Provisions.

List of Subjects in 40 CFR Part 63

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

    Dated: September 27, 2006.
Stephen L. Johnson,
Administrator.
    For the reasons stated in the preamble, title 40, chapter I, part
63 of the Code of Federal Regulations is proposed to be amended as
follows:

PART 63--[AMENDED]

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

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

Subpart A--[AMENDED]

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

Sec.  63.14  Incorporations by reference.

* * * * *
    (i) * * *
    (1) ANSI/ASME PTC 19.10-1981, ``Flue and Exhaust Gas Analyses [Part
10, Instruments and Apparatus],'' IBR approved for Sec. Sec.
63.309(k)(1)(iii), 63.865(b), 63.3166(a)(3), 63.3360(e)(1)(iii),
63.3545(a)(3), 63.3555(a)(3), 63.4166(a)(3), 63.4362(a)(3),
63.4766(a)(3), 63.4965(a)(3), 63.5160(d)(1)(iii), 63.9307(c)(2),
63.9323(a)(3), 63.11155(e)(3), 11162(f)(3)(iii) and (f)(4),
11163(g)(1)(iii) and (g)(2), and Table 5 of subpart DDDDD of this part.
* * * * *
    3. Part 63 is amended by adding subpart DDDDDD to read as follows:

Subpart DDDDDD--National Emission Standards for Hazardous Air
Pollutants for Polyvinyl Chloride and Copolymers Production Area
Sources

Sec.

Applicability and Compliance Dates

63.11140 Am I subject to this subpart?

63.11141 What are my compliance dates?

Standards and Compliance Requirements

63.11142 What are the standards and compliance requirements for new
and existing sources?

Other Requirements and Information

63.11143 What General Provisions apply to this subpart?
63.11144 What definitions apply to this subpart?
63.11145 Who implements and enforces this subpart?

Applicability and Compliance Dates

Sec.  63.11140  Am I subject to this subpart?

    (a) You are subject to this subpart if you own or operate a plant
specified in 40 CFR 61.61(c) that produces polyvinyl chloride (PVC) or
copolymers and is an area source of hazardous air pollutant (HAP)
emissions. Your plant is an area source if it does not emit and does
not have the potential to emit either 10 tons per year (tpy) or more of
any single HAP or 25 tpy or more of any combination of HAP.
    (b) This subpart applies to each new or existing affected source.
The affected source is the collection of all equipment and activities
in vinyl chloride service necessary to produce PVC and copolymers. An
affected source does not include portions of your PVC and copolymers
production operations that meet the criteria in 40 CFR 61.60(b) or (c).
    (1) An affected source is existing if you commenced construction or
reconstruction of the affected source before October 6, 2006.
    (2) An affected source is new if you commenced construction or
reconstruction of the affected source on or after October 6, 2006.
    (c) This subpart does not apply to research and development
facilities, as defined in section 112(c)(7) of the Clean Air Act (CAA).
    (d) You are exempt from the obligation to obtain a permit under 40
CFR part 70 or 40 CFR part 71, provided you are not otherwise required
by law to obtain a permit under 40 CFR 70.3(a) or 40 CFR 71.3(a).
Notwithstanding the previous sentence, you must continue to comply with
the provisions of this subpart.

Sec.  63.11141  What are my compliance dates?

    (a) If you own or operate an existing affected source, you must
achieve compliance with the applicable provisions in this subpart by
[DATE OF PUBLICATION OF FINAL RULE IN THE Federal Register].
    (b) If you own or operate a new affected source, you must achieve
compliance with the applicable provisions in this subpart by the dates
in paragraphs (b)(1) and (2) of this section.
    (1) If you startup a new affected source on or before [DATE OF
PUBLICATION OF FINAL RULE IN THE Federal Register], you must achieve
compliance with the applicable provisions in this subpart not later
than [DATE OF PUBLICATION OF FINAL RULE IN THE Federal Register].
    (2) If you startup a new affected source after [DATE OF PUBLICATION
OF FINAL RULE IN THE Federal Register], you must achieve compliance
with the provisions in this subpart upon startup of your affected
source.

Standards and Compliance Requirements

Sec.  63.11142  What are the standards and compliance requirements for
new and existing sources?

    You must meet all the requirements in 40 CFR part 61, subpart F,
except for 40 CFR 61.62 and 40 CFR 61.63.

Other Requirements and Information

Sec.  63.11143  What General Provisions apply to this subpart?

    (a) All the provisions in 40 CFR part 61, subpart A, apply to this
subpart.
    (b) The provisions in 40 CFR part 63, subpart A, applicable to this
subpart are specified in paragraphs (b)(1) through (4) of this section.
    (1) Section 63.1(a)(1) through (10).
    (2) Section 63.1(b) except paragraph (b)(3), Sec.  63.1(c), and
(e).
    (3) Section 63.5 (preconstruction review and notification
requirements) except for the references to Sec.  63.6 (compliance with
standards and maintenance requirements) procedures and the references
to Sec.  63.9 (notification requirements).
    (4) Section 63.6(e)(3) except for Sec.  63.6(e)(3)(ix).

Sec.  63.11144  What definitions apply to this subpart?

    The terms used in this subpart are defined in the CAA; 40 CFR
61.02; 40 CFR 61.61; and Sec.  63.2 for terms used in the applicable
provisions of part 63, subpart A, as specified in Sec.  63.11143(b).

Sec.  63.11145  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 approval authorities contained in paragraphs (b)(1)
through (4) of this section are retained by the Administrator of the
U.S. EPA and are not transferred to the State, local, or tribal agency.
    (1) Approval of an alternative means of emission limitation 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 Sec.  63.90.
    (3) Approval of a major change to monitoring under 40 CFR 61.14(g).
A ``major change to monitoring'' is defined in Sec.  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
Sec.  63.90.
    4. Part 63 is amended by adding subpart EEEEEE to read as follows:

Subpart EEEEEE--National Emission Standards for Hazardous Air
Pollutants for Primary Copper Smelting Area Sources

Sec.

Applicability and Compliance Dates

63.11146 Am I subject to this subpart?
63.11147 What are my compliance dates?

Standards and Compliance Requirements

63.11148 What are the standards and compliance requirements for
existing sources?
63.11149 What are the standards and compliance requirements for new
sources?

Other Requirements and Information

63.11150 What General Provisions apply to this subpart?
63.11151 What definitions apply to this subpart?
63.11152 Who implements and enforces this subpart?

Tables to Subpart EEEEEE of Part 63

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

Applicability and Compliance Dates

Sec.  63.11146  Am I subject to this subpart?

    (a) You are subject to this subpart if you own or operate a primary
copper smelter that is an area source of hazardous air pollutant (HAP)
emissions. Your primary copper smelter is an area source if it does not
emit and does not have the potential to emit

either 10 tons per year (tpy) or more of any single HAP or 25 tpy or
more of any combination of HAP.
    (b) This subpart applies to each new or existing affected source.
The affected source is each primary copper smelter.
    (1) An affected source is existing if you commenced construction or
reconstruction of the affected source before October 6, 2006.
    (2) An affected source is new if you commenced construction or
reconstruction of the affected source on or after October 6, 2006.
    (c) This subpart does not apply to research and development
facilities, as defined in section 112(c)(7) of the Clean Air Act (CAA).
    (d) If you own or operate an area source subject to this subpart,
you must obtain a permit under 40 CFR part 70 or 40 CFR part 71.

Sec.  63.11147  What are my compliance dates?

    (a) If you own or operate an existing affected source, you must
achieve compliance with the applicable provisions of this subpart by
[DATE OF PUBLICATION OF FINAL RULE IN THE Federal Register].
    (b) If you own or operate a new affected source, you must achieve
compliance with the applicable provisions of this subpart by the dates
in paragraphs (b)(1) and (2) of this section.
    (1) If you startup a new affected source on or before [DATE OF
PUBLICATION OF FINAL RULE IN THE Federal Register], you must achieve
compliance with the applicable provisions of this subpart not later
than [DATE OF PUBLICATION OF FINAL RULE IN THE Federal Register].
    (2) If you startup a new affected source after [DATE OF PUBLICATION
OF FINAL RULE IN THE Federal Register], you must achieve compliance
with the applicable provisions of this subpart upon startup of your
affected source.

Standards and Compliance Requirements

Sec.  63.11148  What are the standards and compliance requirements for
existing sources?

    (a) You must not discharge to the atmosphere through any
combination of stacks or other vents captured process exhaust gases
from the copper concentrate dryers, smelting vessels, converting
vessels, matte drying and grinding plants, secondary gas systems, and
anode refining and casting department that contain total particulate
matter (PM) in excess of 89.5 pounds per hour (24-hour average).
    (b) For each smelting vessel and converting vessel at your primary
copper smelter, you must operate a secondary gas system that collects
the gases and fumes released during the molten material transfer
operations and conveys the collected gas stream to a control device.
    (c) For operations in the anode refining and casting department at
your primary copper smelter, you must meet the requirements in
paragraphs (c)(1) and (2) of this section.
    (1) For each vessel used to refine blister copper, remelt anode
copper or anode scrap, or hold molten anode copper, you must collect
the gases and fumes vented from the vessel and convey the collected gas
stream to a control device.
    (2) For each anode casting wheel, you must collect gases and fumes
vented when casting molten anode copper and convey the collected gas
stream to a control device.
    (d) You must operate a 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
emissions source subject to the emissions limit in paragraph (a) of
this section. A single PM CEMS may be used for the combined exhaust gas
streams at a point before the gases are discharged to the atmosphere.
Measured results must be expressed as pounds of PM emitted per hour
calculated at the end of each calendar day for the preceding 24-hour
period. Collected PM CEMS data must be made available for inspection on
a daily basis.
    (e) You must demonstrate initial compliance with the PM emissions
limit in paragraph (a) of this section based on the results of a 24-
hour average from the PM CEMS. You may certify initial compliance with
the PM emissions limit based on the results of sampling conducted
during the previous month.
    (f) You must submit to the permitting authority by the 20th day of
each month a summary of the 24-hour averages for the previous month.
    (g) You must submit written notification to the permitting
authority of any deviation from the requirements of this subpart,
including those attributable to upset conditions, the probable cause of
such deviations, and any corrective actions or preventative measures
taken. You must submit this notification within 14 days of the date the
deviation occurred.
    (h) You must submit semiannual monitoring reports to your
permitting authority. All instances of deviations from the requirements
of this subpart must be clearly identified in the reports.
    (i) You must retain records of all required monitoring data and
support information. Support information includes all calibration and
maintenance records, all original strip charts or appropriate
recordings for continuous monitoring instrumentation, and copies of all
reports required by this subpart. For all monitoring requirements, the
owner or operator must record the following information, where
applicable:
    (1) The date, place, and time of sampling or measurement, the date
analyses were performed, the company or entity that performed the
analyses, the analytical techniques or methods used, the results of
such analyses, and the operating conditions existing at the time of
sampling or measurement.
    (2) Records of activities performed to assure proper operation and
maintenance of air emissions control systems and monitoring systems or
devices.

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

    (a) You must not discharge to the atmosphere through any
combination of stacks or other vents process exhaust gases from the
copper concentrate dryers, smelting vessels, converting vessels, matte
drying and grinding plants, secondary gas systems, and anode refining
and casting department that contain total PM in excess of 0.6 pound per
ton of copper concentrate feed charged to the smelting vessel (24-hour
average).
    (b) For each smelting vessel and converting vessel at your primary
copper smelter, you must operate a secondary gas system that collects
the gases and fumes released during molten material transfer operations
and convey the collected gas stream to a control device.
    (c) For operations in the anode refining and casting department at
your primary copper smelter, you must meet the requirements in
paragraphs (c)(1) and (2) of this section.
    (1) For each vessel used to refine blister copper, remelt anode
copper or anode scrap, or hold molten anode copper, you must collect
the gases and fumes vented from the vessel and convey the collected gas
stream to a control device.
    (2) For each anode casting wheel, you must collect gases and fumes
vented when casting molten anode copper and convey the collected gas
stream to a control device.
    (d) You must install, operate, and maintain a PM CEMS to measure
and record PM concentrations and gas stream flow rates for the exhaust
gases

discharged to the atmosphere from each emissions source subject to the
emissions limit in paragraph (a) of this section. You must also
install, operate, and maintain a weight measurement system to measure
and record the weight of the copper concentrate feed charged to the
smelting furnace on a daily basis. A single PM CEMS may be used for the
combined exhaust gas streams 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 specified in paragraphs (d)(1) through
(3) of this section.
    (1) You must install, certify, operate, and maintain the PM CEMS
according to the applicable specification and testing requirements of
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.
    (2) 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.
    (3) 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.
    (e) To demonstrate compliance with the PM emissions limit in
paragraph (a) of this section, 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 furnace. The
daily average must be calculated at the end of each calendar day for
the preceding 24-hour period. 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 on a daily basis.
    (f) You must demonstrate initial compliance with the emissions
limit in paragraph (a) of this section using the procedures in
paragraph (e) of this section. You must complete this initial
compliance demonstration 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.
    (g) 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 an existing or new 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 and
paragraphs (a)(1) through (4) of this section.
    (1) If you own or operate an existing affected source and you
certify initial compliance with the PM emissions limit in Sec.
63.11148(a) based on monitoring data from the previous month, your
notification of compliance status required by Sec.  63.9(h) must
include this certification of compliance, signed by a responsible
official: ``This facility complies with the PM emissions limit in Sec.
63.11148(a) 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 Sec.  63.11148(a), your
notification of compliance status required by Sec.  63.9(h) must
include the results of the performance test, including required
monitoring data.
    (3) Your notification of compliance status required by Sec.
63.9(h) must include this certification of compliance, signed by a
responsible official, for the work practice standard in Sec.
63.11148(b): ``This facility complies with the requirement to operate a
secondary gas system for each smelting vessel and converting vessel in
accordance with Sec.  63.11148(b).''
    (4) Your notification of compliance status required by Sec.
63.9(h) must include this certification of compliance, signed by a
responsible official, for the work practice standard in Sec.
63.11148(c): ``This facility complies with the requirement to capture
gases from operations in the anode refining and casting department and
duct them to a control device in accordance with Sec.  63.11148(c).''
    (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 specified in Table 1 to this subpart and paragraphs
(b)(1) through (3) of this section.
    (1) Your notification of compliance status required by Sec.
63.9(h) must include the results of the initial performance test and
monitoring data collected during the test that demonstrate compliance
with the emissions limit in Sec.  63.11149(a).
    (2) Your notification of compliance status required by Sec.
63.9(h) must include this certification of compliance, signed by a
responsible official, for the work practice standard in Sec.
63.11149(b): ``This facility complies with the requirement to operate a
secondary gas system for each smelting vessel and converting vessel in
accordance with Sec.  63.11149(b).''
    (3) Your notification of compliance status required by Sec.
63.9(h) must include this certification of compliance, signed by a
responsible official, for the work practice standard in Sec.
63.11149(c): ``This facility complies with the requirement to capture
gases from operations in the anode refining and casting department and
duct them to a control device in accordance with Sec.  63.11149(c).''

Sec.  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 and casting department means the area at a primary
copper smelter in which anode copper refining and casting operations
are performed. Emissions sources in the anode refining and casting
department include anode refining furnaces, anode shaft furnaces, anode
holding furnaces, and anode casting wheels.
    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.
    Control device means air pollution control equipment used to remove
PM from a gas stream.
    Converting vessel means a furnace, reactor, or other type of vessel
in which copper matte is oxidized to form blister copper.
    Copper concentrate means copper ore that has been beneficiated or
treated to remove waste and increase the copper content of the treated
material.
    Copper concentrate dryer means a vessel in which copper
concentrates are heated in the presence of air to reduce the moisture
content of the material. Supplemental copper-bearing feed materials and
fluxes may be added or mixed with the copper concentrates fed to a
copper concentrate dryer.

    Copper concentrate feed means the mixture of copper concentrate,
secondary copper-bearing materials, recycled slags and dusts, fluxes,
and other materials blended together for feeding to the smelting
vessel.
    Copper matte means a material predominately composed of copper and
iron sulfides produced by smelting copper ore concentrates.
    Deviation means any instance in which an affected source subject to
this subpart, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this
subpart, including but not limited to any emissions limitation or work
practice standard;
    (2) Fails to meet any term or condition that is adopted to
implement an applicable requirement in this subpart and that is
included in the operating permit for any affected source required to
obtain such a permit; or
    (3) Fails to meet any emissions limitation or work practice
standard in this subpart during startup, shutdown, or malfunction,
regardless of whether or not such failure is permitted by this subpart.
    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.
    Primary copper smelter means any installation or any intermediate
process engaged in the production of copper from copper sulfide ore
concentrates through the use of pyrometallurgical techniques.
    Responsible official means responsible official as defined at 40
CFR 70.2.
    Secondary gas system means a capture system that collects the gases
and fumes released when removing and transferring molten materials from
smelting vessels and converting 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.
    Smelting vessel means a furnace, reactor, or other type of vessel
in which copper ore concentrate and fluxes are melted 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.

Sec.  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 (4) of this
section.
    (1) Approval of an alternative non-opacity emission standard under
Sec.  63.6(g).
    (2) Approval of a major change to a test method under Sec.
63.7(e)(2)(ii) and (f). A ``major change to test method'' is defined in
Sec.  63.90.
    (3) Approval of a major change to monitoring under Sec.  63.8(f). A
``major change to monitoring'' is defined in Sec.  63.90.
    (4) Approval of a major change to recordkeeping/ reporting under
Sec.  63.10(f). A ``major change to recordkeeping/reporting'' is
defined in Sec.  63.90.

Tables to Subpart EEEEEE of Part 63

    As required in Sec.  63.11150(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.

          Table 1 to Subpart EEEEEE of Part 63.--Applicability of General Provisions to Subpart EEEEEE
----------------------------------------------------------------------------------------------------------------
                                                                   Applies to Subpart
               Citation                         Subject                  EEEEEE?               Explanation
----------------------------------------------------------------------------------------------------------------
63.1(a)(1), (a)(2), (a)(3), (a)(4),    Applicability...........  Yes...................
 (a)(6), (a)(10)-(a)(12) (b)(1),
 (b)(3), (c)(1), (c)(2), (c)(5), (e).
63.1(a)(5), (a)(7)-(a)(9), (b)(2),     Reserved................  No....................
 (c)(3), (c)(4), (d).
63.2.................................  Definitions.............  Yes...................
63.3.................................  Units and Abbreviations.  Yes...................
63.4.................................  Prohibited Activities     Yes...................
                                        and Circumvention.
63.5.................................  Preconstruction Review    No....................
                                        and Notification
                                        Requirements.
63.6(a), (b)(1)-(b)(5), (b)(7),        Compliance with           Yes...................
 (c)(1), (c)(2), (c)(5), (e)(1),        Standards and
 (e)(3)(i), (e)(3)(iii)-(e)(3)(ix),     Maintenance
 (f), (g), (i), (j).                    Requirements.
63.6(b)(6), (c)(3), (c)(4), (d),       Reserved................  No....................
 (e)(2), (e)(3)(ii), (h)(3),
 (h)(5)(iv).
63.6(h)(1)-(h)(4), (h)(5)(i)-                                    No....................  Subpart EEEEEE does not
 (h)(5)(iii), (h)(6)-(h)(9).                                                              include opacity or
                                                                                visible emissions
                                                                                standards.
63.7(a), (e), (f), (g), (h)..........  Performance Testing       Yes...................
                                        Requirements.
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),     Monitoring Requirements.  Yes...................
 (g).
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),  Notification              Yes...................
 (d), (h)(1)-(h)(3), (h)(5), (h)(6),    Requirements.
 (i), (j).
63.9(b)(3), (h)(4)...................  Reserved................  No....................
63.9(b)(4), (f)......................                            No....................
63.9(e), (g).........................                            Yes/No................  Requirement for
                                                                                notification of
                                                                                performance test and
                                                                                for use of continuous
                                                                                monitoring systems
                                                                                apply to new sources
                                                                                but not existing
                                                                                sources.
63.10(a), (b)(1), (d)(1), (d)(2),      Recordkeeping and         Yes...................
 (d)(4), (d)(5), (f).                   Reporting Requirements.
63.10(b)(2), (b)(3), (c)(1) (c)(5)-                              Yes/No................  Recordkeeping and
 (c)(8), (c)(10)-(c)(15), (e)(1),                                                         reporting requirements
 (e)(2).                                                                                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....................  Subpart EEEEE does not
                                                                                contain opacity or
                                                                                visible emissions
                                                                                standards.
63.10(e)(3)..........................                            Yes/No................  Reporting requirements
                                                                                apply to new sources
                                                                                but not existing
                                                                                sources.
63.11................................  Control Device            No....................  Subpart EEEEEE does not
                                        Requirements.                                     require flares.
63.12................................  State Authorities and     Yes...................
                                        Delegations.
63.13................................  Addresses...............  Yes...................
63.14................................  Incorporations by         Yes...................
                                        Reference.
63.15................................  Availability of           Yes...................
                                        Information and
                                        Confidentiality.
63.16................................  Performance Track         Yes...................
                                        Provisions.
----------------------------------------------------------------------------------------------------------------

    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

Sec.  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. Your secondary copper smelter is an area
source if it does not emit and does not have the potential to emit
either 10 tons per year (tpy) or more of any single HAP or 25 tpy or
more of any combination of HAP.
    (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.

Sec.  63.11154  What are my compliance dates?

    (a) If you start up a new affected source on or before [Date of
publication of final rule in the Federal Register], you must achieve
compliance with the applicable provisions of this subpart not later
than [DATE OF PUBLICATION OF FINAL RULE IN THE Federal Register].
    (b) If you start up a new affected source after [DATE OF
PUBLICATION OF FINAL RULE IN THE Federal Register], you must achieve
compliance with the applicable provisions of this subpart upon startup
of your affected source.

Standards and Compliance Requirements

Sec.  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 shall continuously record
the output from the bag leak detection system using electronic or other
means (e.g., using a strip chart recorder or a data logger.)
    (iii) The bag leak detection system must be equipped with an alarm
system that will sound when the system detects an increase in relative
particulate loading over the alarm set point established according to
paragraph (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 shall not adjust the
averaging period, alarm set point, or alarm delay time without approval
from the Administrator or delegated authority except as provided in
paragraph (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 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 Sec.  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 Sec.  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.

Sec.  63.11156  [Reserved]

Other Requirements and Information

Sec.  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 Sec.
63.9(h) must include the results of the initial performance tests and
monitoring data collected during the test.
    (c) Your notification of compliance status required by Sec.
63.9(h) must include this certification of compliance, signed by a
responsible official, for the work practice standard in Sec.
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 Sec.  63.11155(c).''
    (d) Your notification of compliance status required by Sec.
63.9(h) must include this certification of compliance, signed by a
responsible official, for the work practice standard in Sec.
63.11155(d)(2): ``This facility has an approved monitoring plan in
accordance with Sec.  63.11155(d)(2).''
    (e) If you use control devices other than baghouses, your
notification of compliance status required by Sec.  63.9(h) must
include this certification of compliance, signed by a responsible
official for the monitoring plan requirements in Sec.  63.11157(g):
``This facility has an approved monitoring plan in accordance with
Sec.  63.11157(g).''

Sec.  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.

Sec.  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
Sec.  63.6(g).
    (2) Approval of a major change to test methods under Sec.
63.7(e)(2)(ii) and (f). A ``major change to test method'' is defined in
Sec.  63.90.
    (3) Approval of a major change to monitoring under Sec.  63.8(f). A
``major change to monitoring'' is defined in Sec.  63.90.
    (4) Approval of a major change to recordkeeping/reporting under
Sec.  63.10(f). A ``major change to recordkeeping/reporting'' is
defined in Sec.  63.90.

Tables to Subpart FFFFFF of Part 63

    As required in Sec.  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.

          Table 1 to Subpart FFFFFF of Part 63.--Applicability of General Provisions to Subpart FFFFFF
----------------------------------------------------------------------------------------------------------------
                                                                   Applies to Subpart
               Citation                         Subject                  FFFFFF?               Explanation
----------------------------------------------------------------------------------------------------------------
63.1(a)(1), (a)(2), (a)(3), (a)(4),    Applicability...........  Yes...................  .......................
 (a)(6), (a)(10)-(a)(12) (b)(1),
 (b)(3), (c)(1), (c)(2), (c)(5), (e).
63.1(a)(5), (a)(7)-(a)(9), (b)(2),     Reserved................  No....................  .......................
 (c)(3), (c)(4), (d).
63.2.................................  Definitions.............  Yes...................  .......................
63.3.................................  Units and Abbreviations.  Yes...................  .......................
63.4.................................  Prohibited Activities     Yes...................  .......................
                                        and Circumvention.
63.5.................................  Preconstruction Review    No....................  .......................
                                        and Notification
                                        Requirements.
63.6(a), (b)(1)-(b)(5), (b)(7),        Compliance with           Yes...................  .......................
 (c)(1), (c)(2), (c)(5), (e)(3)(i),     Standards and
 (e)(3)(iii)-(e)(3)(ix), (f),(g),       Maintenance
 (i), (j).                              Requirements.
63.6(b)(6), (c)(3), (c)(4), (d),       Reserved................  No....................  .......................
 (e)(2), (e)(3)(ii), (h)(3),
 (h)(5)(iv).
63.6(h)(1)-(h)(4), (h)(5)(i)-                                    No....................  Subpart FFFFFF does not
 (h)(5)(iii), (h)(6)-(h)(9).                                                              include opacity or
                                                                                visible emissions
                                                                                standards.
63.7.................................  Performance Testing       Yes...................  .......................
                                        Requirements.
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),  Notification              Yes...................  .......................
 (d), (e), (f), (g), (h)(1)-(h)(3),     Requirements.
 (h)(5), (h)(6),(i), (j).
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),         Recordkeeping and         Yes...................  .......................
 (b)(2)(xiv), (d)(1), (d)(2), (d)(4),   Reporting Requirements.
 (d)(5), (e)(1), (e)(2), (f).
63.10(c)(2)-(c)(4), (c)(9)...........  Reserved................  No....................  .......................
63.10(b)(2)(vi)-(b)(2)(xiii), (c)(1),                                                    Subpart FFFFFF does not
 (c)(5)-(c)(14), (e)(1)-(e)(2),                                                           require a continuous
 (e)(4).                                                                                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            No....................  Subpart FFFFFF does not
                                        Requirements.                                     require flares.
63.12................................  State Authorities and     Yes...................  .......................
                                        Delegations.
63.13................................  Addresses...............  Yes...................  .......................
63.14................................  Incorporations by         Yes...................  .......................
                                        Reference.
63.15................................  Availability of           Yes...................  .......................
                                        Information and
                                        Confidentiality.
63.16................................  Performance Track         Yes...................  .......................
                                        Provisions.
----------------------------------------------------------------------------------------------------------------

    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

Sec.  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. Your
primary zinc or primary beryllium production facility is an area source
if it does not emit and does not have the potential to emit either 10
tons per year (tpy) or more of any single HAP or 25 tpy or more of any
combination of HAP.
    (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.

Sec.  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 [DATE OF
PUBLICATION OF THE FINAL RULE IN THE Federal Register]. If you startup
a new sintering machine at an existing affected source after [DATE OF
PUBLICATION OF THE FINAL RULE IN THE Federal Register], 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 [DATE OF
PUBLICATION OF FINAL RULE IN THE Federal Register], you must achieve
compliance with applicable provisions in this subpart not later than
[DATE OF PUBLICATION OF THE FINAL RULE IN THE Federal Register].
    (2) If you startup a new affected source after [DATE OF PUBLICATION
OF THE FINAL RULE IN THE Federal Register], you must achieve compliance
with applicable provisions in this subpart upon initial startup.

Primary Zinc Production Facilities

Sec.  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) 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.
    (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, 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.
    (3) You must conduct each PM test for a furnace according to Sec.
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 Sec.  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 Sec.  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 Sec.  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 Sec.  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.

Sec.  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 shall continuously record
the output from the bag leak detection system using electronic or other
means (e.g., using a strip chart recorder or a data logger.)
    (iii) The bag leak detection system must be equipped with an alarm
system that will sound when the system detects an increase in relative
particulate loading over the alarm set point established according to
paragraph (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 shall not adjust the
averaging period, alarm set point, or alarm delay time without approval
from the Administrator or delegated authority except as provided in
paragraph (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 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 Sec.
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 Sec.  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 Sec.  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 Sec.  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 Sec.  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.

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 Sec.
63.9(h) must include this certification of compliance, signed by a
responsible official, for the work practice standards in Sec.
63.11162(a): ``This facility complies with the work practice standards
in Sec.  63.11162(a).''
    (2) If you certify compliance with the PM emissions limits in Sec.
63.11162(b) based on a previous performance test, your notification of
compliance status required by Sec.  63.9(h) must include this
certification of compliance, signed by a responsible official: ``This
facility complies with the PM emissions limits in Sec.  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 Sec.  63.11162(b), your
notification of compliance status required by Sec.  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 Sec.
63.9(h) must include the results of the initial performance tests,
including required monitoring data.
    (2) Your notification of compliance status required by Sec.
63.9(h) must include this certification of compliance, signed by a
responsible official, for the work practice standard in Sec.
63.11163(a): ``This facility complies with the work practice standards
in Sec.  63.11163(a).''
    (3) Your notification of compliance status required by Sec.
63.9(h) must include this certification of compliance, signed by a
responsible official, for the capture system requirements in Sec.
63.11163(c): ``This facility has installed capture systems according to
Sec.  63.11163(c).''
    (4) If you use a baghouse that is subject to the requirements in
Sec.  63.11163(d), your notification of compliance status required by
Sec.  63.9(h) must include this certification of compliance, signed by
a responsible official, for the bag leak detection system requirements
in Sec.  63.11163(d): ``This facility has an approved monitoring plan
in accordance with Sec.  63.11163(d).''

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

Primary Beryllium Production Facilities

Sec.  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).

Sec.  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)
through (4) of this section.
    (1) Section 63.1(a)(1) through (10).
    (2) Section 63.1(b) except paragraph (b)(3), Sec.  63.1(c), and
Sec.  63.1(e).
    (3) Section 63.5 (preconstruction review and notification
requirements) except for the references to Sec.  63.6 for compliance
procedures and the references to Sec.  63.9 for notification
procedures.
    (4) Section 63.6(e)(3).

Other Requirements and Information

Sec.  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 is 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.

Sec.  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
Sec.  63.6(g).
    (2) Approval of an alternative opacity emissions standard under
Sec.  63.6(h)(9).
    (3) Approval of a major change to test methods under Sec.
63.7(e)(2)(ii) and (f). A ``major change to test method'' is defined in
Sec.  63.90.
    (4) Approval of a major change to monitoring under Sec.  63.8(f). A
``major change to monitoring'' is defined in Sec.  63.90.
    (5) Approval of a major change to recordkeeping/reporting under
Sec.  63.10(f). A ``major change to recordkeeping/reporting'' is
defined in Sec.  63.90.
    (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 Sec.  63.90.

    (3) Approval of a major change to monitoring under 40 CFR 61.14(g).
A ``major change to monitoring'' is defined in Sec.  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
Sec.  63.90.

Tables to Subpart GGGGGG of Part 63

    As required in Sec.  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.

   Table 1 to Subpart GGGGGG of Part 63.--Applicability of General Provisions to Primary Zinc Production Area
                                                     Sources
----------------------------------------------------------------------------------------------------------------
                                                                   Applies to Subpart
               Citation                         Subject                  GGGGGG                Explanation
----------------------------------------------------------------------------------------------------------------
63.1(a)(1), (a)(2), (a)(3), (a)(4),    Applicability...........  Yes...................
 (a)(6), (a)(10)-(a)(12), (b)(1),
 (b)(3), (c)(1), (c)(2), (c)(5), (e).
63.1(a)(5), (a)(7)-(a)(9), (b)(2),     Reserved................  No....................
 (c)(3), (c)(4), (d).
63.2.................................  Definitions.............  Yes...................
63.3.................................  Units and Abbreviations.  Yes...................
63.4.................................  Prohibited Activities     Yes...................
                                        and Circumvention.
63.5.................................  Preconstruction Review    No....................
                                        and Notification
                                        Requirements.
63.6(a), (b)(1)-(b)(5), (b)(7),        Compliance with           Yes...................
 (c)(1), (c)(2), (c)(5), (e)(1),        Standards and
 (e)(3)(i), (e)(3)(iii)-(e)(3)(ix),     Maintenance
 (f), (g), (h)(1), (h)(2),(h)(5)-       Requirements.
 (h)(9), (i), (j).
63.6(b)(6), (c)(3), (c)(4), (d),       Reserved................  No....................
 (e)(2), (e)(3)(ii), (h)(3),
 (h)(5)(iv).
63.7(a), (e), (f), (g), (h)..........  Performance Testing       Yes...................
                                        Requirements.
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),     Monitoring Requirements.  Yes...................  Requirements in Sec.
 (g).                                                                                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),  Notification              Yes/No................  Notification of
 (d), (f), (g), (h)(1)-(h)(3),          Requirements.                                     performance tests and
 (h)(5), (h)(6), (i), (j).                                                                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),       Recordkeeping and         Yes...................
 (d)(4), (d)(5)(i), (f).                Reporting Requirements.
63.10(b)(2), (b)(3), (c)(1), (c)(5)-                             Yes/No................  Recordkeeping and
 (c)(8), (c)(10)-(c)(15), (d)(1)-                                                         reporting requirements
 (d)(3), (d)(5)(ii), (e)(1), (e)(2),                                                      apply to new sources
 (e)(4).                                                                                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            No....................  Subpart GGGGGG does not
                                        Requirements.                                     require flares.
63.12................................  State Authorities and     Yes...................
                                        Delegations.
63.13................................  Addresses...............  Yes...................
63.14................................  Incorporations by         Yes...................
                                        Reference.
63.15................................  Availability of           Yes...................
                                        Information and
                                        Confidentiality.
63.16................................  Performance Track         Yes...................
                                        Provisions.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 06-8434 Filed 10-5-06; 8:45 am]

BILLING CODE 6560-50-P