1. Selection of Proposed Standards
    Over the past 15 years, the wood preserving industry has undergone
several changes related to the types of preservatives used for certain
applications and the associated emissions with wood preservatives.
Prior to 2003, much of the urban HAP metal emissions from the wood
preservation area source category came from the preservative treatment
of wood using CCA.
    In determining GACT for the wood preserving source category, we
identified different management practices and control technologies used
to reduce air emissions from pressure treatment processes and thermal
treatment processes. Under section 112(d)(1) of the CAA, EPA may
``distinguish among classes, types, and sizes of sources within a
category or subcategory in establishing such standards * * *.'' There
are basic differences between the two treatment processes in the type
of process vessel used, the mechanisms affecting the potential
generation of air emissions (pressure versus thermal), and the way
emissions are controlled. Consequently, we are proposing a GACT
standard for the pressure treatment subcategory and a GACT standard for
the thermal treatment subcategory.
    For wood treatment facilities using pressure treatment processes,
any metal HAP that are included as part of the wood preservative
formulation (such as CCA) are impregnated into the wood product inside
a pressurized vessel (retort), and, therefore, significant air
emissions do not occur during the process. After the retort is returned
to ambient pressure, excess preservative is drained back into the
storage tanks and the treated product is stored on drip pads prior to
shipment. Metal HAP are normally released into the environment as PM
and will not enter the air during the drying process. As demonstrated
by the 2004 TRI for this industry, nationwide air emissions of all
metal HAP are negligible (i.e., arsenic = 0.0002 pounds and chromium
compounds = 0.0003 pounds). We have not identified any other management
practices or control technologies that would provide additional
emissions reductions in a cost effective manner. Therefore, GACT for
pressure treatment processes is the management practices described
above that are being used to minimize emissions from the process
equipment and manufacturing operations.
    The same type of retort process used in the application of CCA is
used for most wood preservatives containing pentachlorophenol and
emissions of dioxin are likewise limited as a result. Dioxin also has a
very low vapor pressure, making it less likely to volatilize into the
air during the drying process. In fact, the 2004 TRI shows less than
0.005 grams of dioxin reported nationwide for the wood preserving
industry. We have not identified any other management practices or
control technologies that would provide additional emissions reductions
in a cost effective manner for facilities using pressure treatment
processes. Therefore, the management practices that are being used to
minimize emissions from the retort or other similarly enclosed process
equipment associated with the pressure treatment processes are GACT.
    For wood treatment facilities using thermal processes, the wood
product is placed inside a treatment tank that may contain wood
preservative with one of the urban HAP for which this category was
listed. At the three existing facilities using the thermal process, air
emissions are captured and controlled by an air scavenging system,
which consists of a capture system (e.g., skirting around the tank)
vented to a vapor recovery tank that collects condensate from the
vapors. Therefore, no significant air emissions occur during the
thermal treatment process.
    We have not identified any other management practices or control
technologies that would provide additional emissions reductions in a
cost effective manner for thermal treatment processes. Therefore, GACT
for thermal treatment facilities entails using air scavenging systems
to control emissions from the process treatment tanks associated with
thermal processes consistent with the practices described above.
    Industry representatives also informed us that methylene chloride
was replaced in their processes several years ago with different
solvent carriers. The use of methylene chloride as a solvent system was
removed from the standards of the American Wood Preservers' Association
in 1992. (See Docket Item 2006-0897-0001, ``Background on the Wood
Preserving Industry'' in Docket ID No. EPA-HQ-OAR-2006-0897.) There
have been no emissions of methylene chloride reported in the TRI for
the industry since 1992. However, because we cannot be certain that a
new use for methylene chloride will not be developed in the future, we
are proposing to require the same standards for a preservative
containing methylene chloride.
    Based on our evaluation of the industry emissions and not being
able to identify other cost effective management practices or control
technologies that would provide additional emissions reductions
involving chromium, arsenic, dioxins, or methylene chloride, we are
proposing to establish standards based on current management practices
and control technologies to minimize air emissions.
2. Selection of Proposed Compliance Requirements
    The proposed standards require a minimal level of monitoring and
recordkeeping to demonstrate compliance. For this reason, we are
proposing to base the compliance requirements for new and existing area
sources on certain notification requirements in the part 63 General
Provisions. The initial notification of applicability required by 40
CFR 63.9(b)(2) would require the owner or operator to identify the
plant as an area source subject to the standards. The notification of
compliance status would require the owner or operator to certify
compliance with the standards. No other recordkeeping or reporting
requirements in the General Provisions would apply.

IX. Proposed Exemption of Certain Area Source Categories From Title V
Permitting Requirements

    Section 502(a) of the CAA provides that EPA may exempt one or more
area sources from the requirements of title V if EPA finds that
compliance with such requirements is ``impracticable, infeasible, or
unnecessarily burdensome'' on such area sources. EPA must determine
whether to exempt an area source from title V at the time we issue the
relevant section 112 standard (40 CFR 70.3(b)(2)). We are proposing in
this action to exempt acrylic and modacrylic fibers production,
flexible polyurethane foam production and fabrication, lead acid
battery manufacturing, and wood preserving

area source categories from the requirements of title V. These area
source categories would not be required to obtain title V permits
solely as a function of being the subject of the proposed NESHAP;
however, if they were otherwise required to obtain title V permits,
such requirement(s) would not be affected by the proposed exemption.
    Consistent with the statute, EPA has found that compliance with
title V permitting is ``unnecessarily burdensome'' for acrylic and
modacrylic fibers production, flexible polyurethane foam production and
fabrication, lead acid battery manufacturing, and wood preserving area
sources. EPA's inquiry into whether this criterion was satisfied was
based primarily upon consideration of the following four factors: (1)
Whether title V would result in significant improvements to the
compliance requirements that we are proposing for these area source
categories; (2) whether title V permitting would impose a significant
burden on these area sources and whether that burden would be
aggravated by any difficulty these sources may have in obtaining
assistance from permitting agencies; (3) whether the costs of title V
permitting for these area sources would be justified, taking into
consideration any potential gains in compliance likely to occur for
such sources; and (4) whether there are implementation and enforcement
programs in place that are sufficient to assure compliance with these
NESHAP without relying on title V permits.
    EPA also considered, consistent with the guidance provided by the
legislative history of CAA section 502(a),\6\ whether exempting area
source categories would adversely affect public health, welfare or the
environment. We have considered the factors above in determining
whether to include an exemption from title V in the proposed NESHAP for
acrylic and modacrylic fibers production, flexible polyurethane foam
production and fabrication, lead acid battery manufacturing, and wood
preserving area sources.
---------------------------------------------------------------------------

    \6\ The legislative history of section 502(a) of the Clean Air
Act suggests that EPA should not grant title V exemptions where
doing so would adversely affect public health, welfare, or the
environment. (See Chafee-Baucus Statement of Senate Managers,
Environment and Natural Resources Policy Division 1990 CAA Leg.
Hist. 905, compiled November 1993.)
---------------------------------------------------------------------------

    The first factor is whether title V would result in significant
improvements to the compliance requirements we are proposing for these
area source categories. We looked at the compliance requirements of the
proposed NESHAP to see if they were substantially equivalent to the
monitoring, recordkeeping and reporting requirements of title V (see 40
CFR 70.6 and 71.6) that we believe are important for assuring
compliance with the NESHAP. The purpose of this review was to determine
if title V is ``unnecessary'' to improve compliance with these NESHAP.
A finding that title V would not result in significant improvements to
the compliance requirements in the proposed NESHAP would support a
conclusion that title V permitting is ``unnecessary'' for area sources
in these categories. One way that title V may improve compliance is by
requiring monitoring (including recordkeeping designed to serve as
monitoring) to assure compliance with the emissions limitations and
control technology requirements imposed in the standard. The authority
for adding new monitoring in the permit is in the ``periodic
monitoring'' provisions of 40 CFR 70.6(a)(3)(i)(B) and 40 CFR
71.6(a)(3)(i)(B), which allow new monitoring to be added to the permit
when the underlying standard does not already require ``periodic
testing or instrumental or noninstrumental monitoring (which may
consist of recordkeeping designed to serve as monitoring).'' In
addition, title V imposes a number of recordkeeping and reporting
requirements that may be important for assuring compliance. These
include requirements for a monitoring report at least every 6 months,
prompt reports of deviations, and an annual compliance certification.
See 40 CFR 70.6(a)(3) and 40 CFR 71.6(a)(3), 40 CFR 70.6(c)(1) and 40
CFR 71.6(c)(1), and 40 CFR 70.6(c)(5) and 40 CFR 71.6(c)(5).
    We examined the first factor for each of the source categories and
determined that a title V permit would not result in significant
improvements to the compliance requirements that we are proposing. The
following paragraphs discuss each source category separately. To
determine whether title V permits would add significant compliance
requirements for the Acrylic and Modacrylic Fibers Production area
source category, we compared the title V monitoring, recordkeeping, and
reporting requirements mentioned above to those requirements in the
proposed NESHAP, which adopts the compliance requirements in the State-
issued permit for the one area source plant currently in operation. The
proposed NESHAP requires CPMS to measure and record the water flow rate
to the control device (wet scrubber) every 15 minutes and to determine
the daily average flow rate. Periodic visual inspections of AN storage
tanks equipped with a fixed roof in combination with an internal
floating roof must be conducted according to the NSPS requirements in
40 CFR part 60, subpart Kb. Because both the continuous and
noncontinuous monitoring methods required by the proposed NESHAP would
provide periodic monitoring, title V would not add any monitoring to
the proposed NESHAP.
    We also considered the extent to which title V could enhance
compliance through recordkeeping or reporting requirements, including
title V requirements for a 6-month monitoring report, deviation
reports, and an annual compliance certification in 40 CFR 70.6 and
71.6. The proposed NESHAP for acrylic and modacrylic fibers production
requires the plant to determine compliance with daily average operating
limits for the water flow rates to each control device on a monthly
basis and to submit compliance reports to EPA or the delegated
authority on a quarterly basis. Should the daily average water flow
rate to a wet scrubber control device fall below the operating limits,
the plant must notify EPA or the delegated authority in writing within
10 days of the identification of the exceedance. All area source plants
would be required to comply with the requirements for startup,
shutdown, and malfunction plans, reports, and records in 40 CFR
63.6(e)(3).
    Records are required to demonstrate compliance with the NSPS
inspection and repair requirements for storage tanks in 40 CFR part 60,
subpart Kb. The information required in the proposed NESHAP is similar
to the information that must be provided in the deviation reports and
semiannual monitoring reports required under 40 CFR 70.6(a)(3) and 40
CFR 71.6(a)(3).
    The proposed NESHAP does not require an annual compliance
certification report, which is a requirement of a title V permit. See
40 CFR 70.5(c)(9)(iii) and 40 CFR 71.6(c)(5)(i). EPA believes that the
annual certification reporting requirement is not necessary because the
quarterly reports are adequate to ensure compliance for existing
sources. New sources would submit notifications and reports required by
the part 63 General Provisions.
    The monitoring, recordkeeping and reporting requirements in the
proposed NESHAP for the Acrylic and Modacrylic Fibers Production area
source category are substantially equivalent to such requirements under
title V. Therefore,

we conclude that title V would not result in significant improvements
to the compliance requirements we are proposing for this area source
category.
    To determine whether title V permits would add significant
compliance requirements to the proposed NESHAP for Lead Acid Battery
Manufacturing, we also compared the title V monitoring, recordkeeping,
and reporting requirements to those requirements in the proposed
NESHAP, which adopts the compliance requirements in the NSPS. The NSPS
requires that a facility using a scrubbing system install, calibrate,
maintain, and operate a monitoring device that measures and records the
pressure drop across the scrubbing system at least once every 15
minutes. Each facility must demonstrate compliance by either conducting
a performance test or submitting the results of a previous performance
test conducted using the methods and procedures in the proposed NESHAP.
Because both the continuous and noncontinuous monitoring methods
required by the proposed NESHAP would provide periodic monitoring,
title V would not add any monitoring to the proposed NESHAP.
    We also considered the extent to which title V could enhance
compliance through recordkeeping or reporting requirements, including
title V requirements for a 6-month monitoring report, deviation
reports, and an annual compliance certification in 40 CFR 70.6 and
71.6. Records are required to demonstrate compliance. Plants also would
be required to comply with the testing, monitoring, recordkeeping, and
reporting requirements in the part 60 General Provisions (40 CFR part
60, subpart A). The information required in the proposed NESHAP is
similar to the information that must be provided in the deviation
reports and semiannual monitoring reports required under 40 CFR
70.6(a)(3) and 40 CFR 71.6(a)(3).
    The proposed NESHAP does not require an annual compliance
certification report, which is a requirement of a title V permit. See
40 CFR 70.5(c)(9)(iii) and 40 CFR 71.6(c)(5)(i). EPA believes that the
annual certification reporting requirement is not necessary because the
quarterly reports are adequate to ensure compliance for new and
existing sources.
    The monitoring, recordkeeping and reporting requirements in the
proposed NESHAP for the Lead Acid Battery Manufacturing area source
category are substantially equivalent to such requirements under title
V. Therefore, we conclude that title V would not result in significant
improvements to the compliance requirements we are proposing for this
area source category.
    To determine whether title V permits would add significant
compliance requirements, we also compared the title V monitoring,
recordkeeping, and reporting requirements to those requirements in the
proposed NESHAP for Flexible Polyurethane Foam Production and
Fabrication area source category. The proposed NESHAP does not contain
monitoring or periodic reporting requirements for facilities that have
already reduced HAP emissions by complying with the proposed ban on
methylene chloride. These provisions are not included in the proposed
NESHAP for this area source category because the discontinued use of
methylene chloride would reduce urban HAP emissions without the need
for continuous or periodic monitoring of equipment or operations. For
slabstock foam plants still using methylene chloride, the proposed
NESHAP requires the same monitoring that must be performed by major
sources. Therefore, title V would not add any monitoring to the
proposed NESHAP.
    We also considered the extent to which title V could enhance
compliance for area sources through recordkeeping or reporting
requirements, including title V requirements for a 6-month monitoring
report, deviation reports, and an annual compliance certification in 40
CFR 70.6 and 71.6. The proposed NESHAP requires foam plants that have
discontinued the use of methylene chloride to certify compliance with
the prohibition on methylene chloride. For slabstock foam plants still
using methylene chloride, the proposed NESHAP requires the same
recordkeeping or reporting that must be performed by major sources. The
information required in the proposed reports and records is similar to
the information that must be provided in the deviation reports and
required under 40 CFR 70.6(a)(3) and 40 CFR 71.6(a)(3).
    The proposed NESHAP requires a report if a deviation occurs, but
does not require periodic compliance reports. The addition of periodic
reports for sources that are not subject to monitoring requirements
would not result in significant improvements to the compliance
requirements we are proposing for this area source category.
    The proposed NESHAP does not require an annual compliance
certification report, which is a requirement of a title V permit. See
40 CFR 70.5(c)(9)(iii) and 40 CFR 71.6(c)(5)(i). EPA believes that the
annual certification reporting requirement is not necessary because the
deviation reports are adequate to ensure compliance for new and
existing sources.
    To determine whether title V permits would add significant
compliance requirements, we also compared the title V monitoring,
recordkeeping, and reporting requirements to those requirements in the
proposed NESHAP for the Wood Preserving area source category. EPA
determined that the good management practices currently used at most
facilities during the application of wood preservatives is GACT for
this source category. The rule proposes to require recordkeeping and
deviation reporting to ensure compliance with the NESHAP. Given the
nature of the management practices proposed for this source category,
we believe that the recordkeeping and reporting requirements in the
rule are sufficient to ensure compliance and find that additional
monitoring is not necessary in this instance. The proposed NESHAP does
not contain monitoring or periodic reporting requirements because the
facilities have reduced HAP emissions by using good management
practices as part of their standard method of operation.
    The management practices would reduce urban HAP emissions without
the need for continuous monitoring of equipment or operations.
Therefore, title V would not add any monitoring to the proposed NESHAP.
We also considered the extent to which title V could enhance compliance
for area sources through recordkeeping or reporting requirements,
including title V requirements for a 6-month monitoring report,
deviation reports, and an annual compliance certification in 40 CFR
70.6 and 71.6.
    The proposed NESHAP also requires wood preserving plants to certify
compliance with the management practices identified as GACT. In
addition, wood preserving plants must maintain records showing
compliance with the required management practices in the proposed
NESHAP and report deviations. The information required in the proposed
reports and records is similar to the information that must be provided
in the deviation reports and required under 40 CFR 70.6(a)(3) and 40
CFR 71.6(a)(3). We have determined that title V would not enhance
compliance for area sources through additional recordkeeping or
reporting requirements.
    The second factor we considered is whether title V permitting would
impose significant burdens on these area sources and whether that
burden would be aggravated by any difficulty

these sources may have in obtaining assistance from permitting
agencies. The information collection request (ICR) for parts 70 and 71
describes the title V burdens and costs in the aggregate, and although
they do not focus on area sources, they do describe the various
activities undertaken by title V sources, including area sources, so
many of the same burdens and costs described in the ICR will also apply
to area sources. Some examples of this burden include reading and
understanding permit program guidance and regulations, completing the
permit application, preparing and submitting applications for permit
revisions every 5 years, and paying permit fees. We believe that this
cost is a significant burden for these area sources.
    The third factor we considered is whether the costs of title V
permitting for these area sources would be justified, taking into
consideration any potential gains in compliance likely to occur for
such sources. Based on our consideration of factor 1 (described above)
and factor 4 (described below), we did not identify potential gain in
compliance from title V permitting. Therefore, we conclude that the
costs of title V permitting for these area source categories are not
justified.
    The fourth factor we considered is whether there are implementation
and enforcement programs in place that are sufficient to assure
compliance with these NESHAP without relying on title V permits. A
conclusion that these criteria can be met would support a conclusion
that title V permitting is ``unnecessary'' for these area sources. See
70 FR 15254. There are State programs in place to enforce these area
source NESHAP. We believe that these programs are sufficient to assure
compliance with these NESHAP. In addition, EPA retains authority to
enforce these NESHAP anytime under CAA sections 112, 113 and 114. In
light of the above, we conclude that title V permitting is
``unnecessary'' to assure compliance with these NESHAP because the
statutory requirements for implementation and enforcement of these
NESHAP by the delegated States and EPA are sufficient to assure
compliance with these area source NESHAP, in all parts of the U.S.,
without title V permits. In addition, small business assistance
programs required by CAA section 507 may be used to assist area sources
that have been exempted from title V permitting. Also, States and EPA
often conduct voluntary compliance assistance, outreach, and education
programs (compliance assistance programs), which are not required by
statute. These additional programs supplement and enhance the success
of compliance with these area source NESHAP. In light of all of the
above, we conclude that there are implementation and enforcement
programs in place that are sufficient to assure compliance with these
NESHAP without relying on title V permitting.
    In addition to evaluating whether compliance with title V
requirements is ``unnecessarily burdensome'', EPA also considered,
consistent with guidance provided by the legislative history of section
502(a), whether exempting these area source categories from title V
requirements would adversely affect public health, welfare, or the
environment. Exemption of these area source categories from title V
requirements would not adversely affect public health, welfare, or the
environment because the level of control would remain the same if a
permit were required. Therefore, we conclude that exempting these area
sources from title V permitting requirements in these proposed rules
would not adversely affect public health, welfare, or the environment.
    One of the primary purposes of the title V permitting program is to
clarify, in a single document, the various and sometimes complex
regulations that apply to sources in order to improve understanding of
these requirements and to help sources to achieve compliance with the
requirements. In this case, however, we do not believe that a title V
permit is necessary for us to understand the requirements applicable to
these area sources. This proposal would add new requirements to the
NESHAP for new area sources. We have determined that the current
requirements for existing area sources reflect GACT and thus adopted
them in the proposed rules for existing sources. Furthermore, we do not
find the requirements for existing sources to be very complicated to
understand or implement. For these reasons, we do not find that title V
permitting is necessary to improve understanding of and achieve
compliance with these standards.
    Based on the above analysis, we conclude that title V permitting
would be ``unnecessarily burdensome'' for the acrylic and modacrylic
fibers production, flexible polyurethane foam production and
fabrication, lead acid battery manufacturing, and wood preserving area
source categories. We are, therefore, proposing that these area source
categories be exempt from title V permitting requirements.

X. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is a ``significant regulatory action'' because it may raise
novel legal or policy issues. Accordingly, EPA submitted this action to
OMB for review under Executive Order 12866, and any changes made in
response to OMB recommendations have been documented in the docket for
this action.

B. Paperwork Reduction Act

    The information requirements in the proposed NESHAP for Acrylic and
Modacrylic Fibers Production Area Sources, Carbon Black Production Area
Sources, Chemical Manufacturing: Chromium Compounds Area Sources,
Flexible Polyurethane Foam Production and Fabrication Area Sources,
Lead Acid Battery Manufacturing Area Sources, and Wood Preserving 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 2256.01.
    The recordkeeping and reporting requirements in the proposed rules
are based on the existing permit requirements as well as the
information collection requirements in the part 63 General Provisions
(40 CFR part 63, subpart A). The recordkeeping and reporting
requirements in the General Provisions 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 proposed information collection requirements for acrylic and
modacrylic fibers production are the same as the requirements that are
in the current State operating permit for the one existing source. The
only new information collection requirements that would apply to this
area source would consist of initial notifications and an SSM plan. Any
new acrylic and modacrylic fibers production 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 $780 for the one existing acrylic and modacrylic fibers
area source. No

capital/startup costs or operation and maintenance costs are associated
with the proposed requirements. No costs or burden hours are estimated
for new acrylic and modacrylic fibers production area sources because
no new area sources are estimated during the next 3 years.
    The proposed NESHAP for carbon black production area sources
includes testing, monitoring, recordkeeping, and reporting requirements
equivalent to current requirements applicable to the existing area
source carbon black production facility. The only new information
collection requirements that would apply to this area source would
consist of initial notifications and SSM plans. Any new carbon black
production 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 $780 for the one existing carbon black production area
source. No capital/startup costs or operation and maintenance costs are
associated with the proposed requirements. No costs or burden hours are
estimated for new carbon black production area sources because no new
sources are estimated during the next 3 years.
    The proposed PM testing, monitoring, recordkeeping, and reporting
requirements for existing chromium compounds manufacturing area sources
are the same as the requirements that are in the current title V
operating permit for the two existing facilities. The only new
information collection requirements that would apply to these area
sources would consist of initial notifications, SSM plans, and control
device inspections at one plant. Any new chromium compounds
manufacturing 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 194 labor hours per
year at a cost of $16,409 for the two existing chromium compounds
manufacturing 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 chromium compounds
manufacturing area sources because no new area sources are estimated
during the next 3 years.
    The proposed NESHAP for flexible polyurethane foam production and
fabrication operations area sources requires a one-time notification by
slab stock foam facilities that they do not use methylene chloride and
records documenting that they do not use methylene chloride. One plant
that uses methylene chloride would be subject to additional reporting
requirements.
    The annual burden for this information collection averaged over the
first 3 years of this ICR is estimated to total 835 labor hours per
year at a cost of $70,686 for the 500 or more existing flexible foam
fabrication and production 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 flexible
foam production or fabrication area sources because no new sources are
estimated during the next 3 years.
    The proposed PM testing, monitoring, recordkeeping, and reporting
requirements for new and existing lead acid battery manufacturing area
sources are the same as the requirements that are in the NSPS (40 CFR
part 60, subpart KK). In addition, new information collection
requirements that would apply to these area sources would consist of
either an initial performance test or submission of the results of a
previous performance test and the requirements in the part 63 General
Provisions for initial notifications.
    The annual burden for this information collection averaged over the
first 3 years of this ICR is estimated to total 675 labor hours per
year at a cost of $57,147 for the 58 existing lead acid battery
manufacturing 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 lead acid battery
manufacturing area sources because no new sources are estimated during
the next 3 years.
    The proposed NESHAP for wood preserving area sources does not
include testing, monitoring, or recordkeeping requirements because they
are subject to management practices. The only new information
collection requirements that would apply to these existing area sources
would consist of initial notifications and records demonstrating
compliance with the management practice requirements.
    The annual burden for this information collection averaged over the
first 3 years of this ICR is estimated to total 1,055 labor hours per
year at a cost of $89,324 for approximately 400 existing wood
preserving 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 wood preserving area
sources because no new sources are estimated during 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.

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 acrylic and modacrylic fiber production and chromium
compounds manufacturing and less than 500 employees for carbon black
production, flexible polyurethane foam production and fabrication,
lead-acid battery manufacturing, and wood preserving); (2) a small
governmental jurisdiction that is a government of a city, county, town,
school district, or special district with a population of less than
50,000; and (3) a small organization that is any not-for-profit
enterprise which is independently owned and operated and is not
dominant in its field.

    After considering the economic impacts of the proposed rules on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. There would
not be adverse impacts on existing area sources in any of the seven
source categories because the proposed rules do not create any new
requirements or burdens for existing sources other than minimal
notification requirements.
    Although the proposed NESHAP contain emissions control requirements
for new area sources in all seven source categories, we are not
specifically aware of any new sources being constructed now or planned
in the next 3 years, and consequently, we did not estimate any impacts
for new sources.
    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), Pub.
L. 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. 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, ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies
to any rule that: (1) Is determined to be ``economically significant''
as defined under Executive Order 12866, and (2) concerns an
environmental health or safety risk that EPA has reason to believe may
have a disproportionate effect on children. If the regulatory action
meets both criteria, EPA must evaluate the environmental health or
safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency. EPA
interprets Executive Order 13045 as applying to those regulatory
actions that concern health or safety risks, such that the analysis
required under section 5-501 of the Executive Order has the potential
to influence the regulation. These proposed rules are not subject to
the Executive Order 13045 because they are based solely on technology
performance.

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. 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, 9, or 22 in 40 CFR part 60, appendix A. The method ASME
PTC 19.10-1981, ``Flue and Exhaust Gas Analyses,'' (incorporated by
reference-see 40 CFR 63.14) is cited in this proposed 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. This ASTM method is a
VCS.
    Consistent with the NTTAA, EPA conducted searches to identify VCS
in addition to these EPA methods. No applicable VCS were identified for
EPA Methods 1A, 2A, 2D, 2F, 2G, 5D, 9, or 22. The search and review
results are in the docket for these proposed rules.
    The search for emissions measurement procedures identified 12 other
VCS. The EPA determined that these 12 standards identified for
measuring emissions of the HAP or surrogates subject to emissions
standards in these proposed rules were impractical alternatives to EPA
test methods. Therefore, EPA does not intend to adopt these standards
for this purpose. The reasons for the determinations for the 12 methods
discussed in a memorandum included in the docket for these proposed
rules.
    For the methods required or referenced by these 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.

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

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

List of Subjects in 40 CFR Part 63

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

    Dated: March 22, 2007.
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), 63.11148(e)(3)(iii), 63.11155(e)(3), 63.11162(f)(3)(iii)
and (f)(4), 63.11163(g)(1)(iii) and (g)(2), 63.11410(j)(1)(iii), and
Table 5 of subpart DDDDD of this part.
* * * * *
    3. Part 63 is amended by adding subpart LLLLLL to read as follows:

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

Sec.

Applicability and Compliance Dates

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

Standards and Compliance Requirements

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

Other Requirements and Information

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

Applicability and Compliance Dates

Sec.  63.11393  Am I subject to this subpart?

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

Sec.  63.11394  What are my compliance dates?

    (a) If you own or operate an existing affected source, you must
achieve compliance with the applicable provisions in this subpart no
later than 6 months after the date of publication of the final rule in
the Federal Register.
    (b) If you startup a new affected source on or before the date of
publication of the final rule in the Federal Register, you must achieve
compliance with the applicable provisions of this subpart not later
than the date of publication of the final rule in the Federal Register.
    (c) If you startup a new affected source after the date of
publication of the 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.  63.11395  What are the standards and compliance requirements for
existing sources?

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

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

    (a) You must comply with the requirements in paragraph (a)(1) or
(2) of this section for each process vent where the AN concentration of
the vent stream is equal to or greater than 50 parts per million by
volume (ppmv) and the average flow rate is equal to or greater than
0.005 cubic meters per minute, as determined by the applicability and
assessment procedures in Sec.  63.1104 of subpart YY.
    (1) You must reduce emissions of AN by 98 weight-percent or limit
the concentration of AN in the emissions to no more than 20 ppmv,
whichever is less stringent, by venting emissions through a closed vent
system to any combination of control devices meeting

the requirements for process vents in Sec.  63.982(a)(2) of subpart SS;
or
    (2) You must reduce emissions of AN by using a flare that meets the
requirements of Sec.  63.987 of subpart SS.
    (b) You must comply with the requirements in paragraph (b)(1), (2),
or (3) of this section for each fiber spinning line that uses a spin
dope produced from either a suspension polymerization process or
solution polymerization process.
    (1) You must reduce the AN concentration of the spin dope to less
than 100 parts per million by weight (ppmw); or
    (2) You must design and operate a fiber spinning line enclosure
according to the requirements in Sec.  63.1103(b)(4) of subpart YY and
reduce AN emissions by 85 weight-percent or more by venting emissions
from the enclosure through a closed vent system to any combination of
control devices meeting the requirements in Sec.  63.982(a)(2) of
subpart SS; or
    (3) You must reduce AN emissions from the spinning line to less
than or equal to 0.5 pounds of AN per ton (lb/ton) of acrylic and
modacrylic fiber produced.
    (c) You must comply with the requirements for storage vessels
holding acrylonitrile as shown in Table 2 to Sec.  63.1103(b)(3)(i) of
subpart YY.
    (d) You must comply with the requirements for equipment that
contains or contacts 10 percent by weight or more of AN and operates
300 hours per year as shown in Table 2 to Sec.  63.1103(b)(3)(i) of
subpart YY.
    (e) You must comply with the requirements for process wastewater
and maintenance wastewater from an acrylic and modacrylic fiber
production process as shown in Table 2 to Sec.  63.1103(b)(3)(i) of
subpart YY.
    (f) You must comply with all testing, monitoring, recordkeeping,
and reporting requirements in subpart SS (for process vents); subpart
SS or WW (for AN tanks); subpart TT or UU (for equipment leaks); and
subpart G (for process wastewater and maintenance wastewater). Only the
provisions in Sec. Sec.  63.132 through 63.148 and Sec. Sec.  63.151
through 63.153 of subpart G apply to this subpart.
    (g) If you use a control device other than a wet scrubber, flare,
incinerator, boiler, process heater, absorber, condenser, or carbon
adsorber, you must prepare and submit a monitoring plan to the
Administrator for approval. Each plan must contain the information in
paragraphs (g)(1) through (5) of this section.
    (1) A description of the device;
    (2) Test results collected in accordance with paragraph (f) of this
section verifying the performance of the device for reducing AN to the
levels required by this subpart;
    (3) Operation and maintenance plan for the control device
(including a preventative maintenance schedule consistent with the
manufacturer's instructions for routine and long-term maintenance) and
continuous monitoring system.
    (4) A list of operating parameters that will be monitored to
maintain continuous compliance with the applicable emissions limits;
and
    (5) Operating parameter limits based on monitoring data collected
during the performance test.

Other Requirements and Information

Sec.  63.11397  What General Provisions apply to this subpart?

    (a) You must meet the requirements of the General Provisions in 40
CFR part 63, subpart A, as shown in Table 1 to this subpart.
    (b) If you own or operate an existing affected source, your
notification of compliance status required by Sec.  63.9(h) must
include the following information:
    (1) This certification of compliance, signed by a responsible
official, for the standards in Sec.  63.11395(a): ``This facility
complies with the management practices required in Sec.  63.11395(a)
for operation of capture systems for polymerization process equipment
and monomer recovery process equipment.''
    (2) This certification of compliance, signed by a responsible
official, for the emissions limits in Sec.  63.11395(b): ``This
facility complies with the emissions limits in Sec.  63.11395(b) for
control devices serving the polymerization process equipment and
monomer recovery process equipment based on previous performance tests
in accordance with Sec.  63.11395(h).'' If you conduct a performance
test to demonstrate compliance, you must include the results of the
performance test.
    (3) This certification of compliance, signed by a responsible
official, for the standards for storage tanks in Sec.  63.11396(d):
``This facility complies with the requirements of 40 CFR part 60,
subpart Kb for each tank that stores acrylonitrile.''
    (4) This certification of compliance, signed by a responsible
official, for the requirement in Table 1 to subpart LLLLLL for
preparation of a startup, shutdown, and malfunction plan: ``This
facility has prepared a startup, shutdown, and malfunction plan in
accordance with the requirements of 40 CFR 63.6(e)(3).''
    (c) If you own or operate a new affected source, your notification
of compliance status required by Sec.  63.9(h) must include:
    (1) The results of the initial performance test or compliance
demonstration for each process vent (including closed vent system and
control device, flare, or recovery device), fiber spinning line, AN
storage tank, equipment, and wastewater stream subject to this subpart.
    (2) This certification of compliance, signed by a responsible
official, for the applicable emissions limit in Sec.  63.11396(a) for
process vents: ``This facility complies with the emissions limits in
Sec.  63.11396(a) for each process vent subject to control.''
    (3) This certification of compliance, signed by a responsible
official, for the applicable emissions limit in Sec.  63.11396(b) for
each fiber spinning line: ``This facility complies with the emissions
limit and/or management practice requirements in Sec.  63.11396(b)(1),
(2), or (3) for each fiber spinning line.''
    (4) This certification of compliance, signed by a responsible
official, for the storage tank requirements in Sec.  63.11396(c):
``This facility complies with the requirements for storage vessels
holding acrylonitrile as shown in Table 2 to Sec.  63.1103(b)(3)(i) of
subpart YY.''
    (5) This certification of compliance, signed by a responsible
official, for the equipment leak requirements in Sec.  63.11396(d):
``This facility complies with the requirements for all equipment that
contains or contacts 10 percent by weight or more of AN and operates
300 hours per year or more as shown in Table 2 to Sec.
63.1103(b)(3)(i) of subpart YY.''
    (6) This certification of compliance, signed by a responsible
official, for the process wastewater and maintenance wastewater
requirements in Sec.  63.11396(e): ``This facility complies with the
requirements in Table 2 to Sec.  63.1103(b)(3)(i) of subpart YY for
each process wastewater stream and each maintenance wastewater
stream.''
    (d) If you own or operate a new affected source, you must report
any deviation from the requirements of this subpart in the semiannual
report required by 40 CFR 63.10(e)(3).

Sec.  63.11398  What definitions apply to this subpart?

    Acrylic fiber means a manufactured synthetic fiber in which the
fiber-forming substance is any long-chain synthetic polymer composed of
at least 85 percent by weight of acrylonitrile units.

    Acrylic and modacrylic fibers production means the production of
either of the following synthetic fibers composed of acrylonitrile
units: acrylic fiber or modacrylic fiber.
    Acrylonitrile solution polymerization means a process where
acrylonitrile and comonomers are dissolved in a solvent to form a
polymer solution (typically polyacrylonitrile). The polyacrylonitrile
is soluble in the solvent. In contrast to suspension polymerization,
the resulting reactor polymer solution (spin dope) is filtered and
pumped directly to the fiber spinning process.
    Acrylonitrile suspension polymerization means a polymerization
process where small drops of acrylonitrile and comonomers are suspended
in water in the presence of a catalyst where they polymerize under
agitation. Solid beads of polymer are formed in this suspension
reaction which are subsequently filtered, washed, refiltered, and
dried. The beads must be subsequently redissolved in a solvent to
create a spin dope prior to introduction to the fiber spinning process.
    Deviation means any instance in which an affected source subject to
this subpart, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this
subpart, including but not limited to any emissions limitation or
management practice;
    (2) Fails to meet any term or condition that is adopted to
implement an applicable requirement in this subpart and that is
included in the operating permit for any affected source required to
obtain such a permit; or
    (3) Fails to meet any emissions limitation or management practice
in this subpart during startup, shutdown, or malfunction, regardless of
whether or not such failure is permitted by this subpart.
    Equipment means each of the following that is subject to this
subpart: Pump, compressor, agitator, pressure relief device, sampling
collection system, open-ended valve or line, valve connector,
instrumentation system in organic HAP service which contains or
contacts greater than 10 percent by weight of acrylonitrile and
operates more than 300 hours per year.
    Fiber spinning line means the group of equipment and process vents
associated with acrylic or modacrylic fiber spinning operations. The
fiber spinning line includes (as applicable to the type of spinning
process used) the blending and dissolving tanks, spinning solution
filters, wet spinning units, spin bath tanks, and the equipment used
downstream of the spin bath to wash, dry, or draw the spun fiber.
    Maintenance wastewater means wastewater generated by the draining
of process fluid from components in the process unit, whose primary
product is a product produced by a source category subject to this
subpart, into an individual drain system prior to or during maintenance
activities. Maintenance wastewater can be generated during planned and
unplanned shutdowns and during periods not associated with a shutdown.
Examples of activities that can generate maintenance wastewaters
include descaling of heat exchanger tubing bundles, cleaning of
distillation column traps, draining of low legs and high point bleeds,
draining of pumps into an individual drain system, and draining of
portions of the process unit, whose primary product is a product
produced by a source category subject to this subpart, for repair.
    Modacrylic fiber means a manufactured synthetic fiber in which the
fiber-forming substance is any long-chain synthetic polymer composed of
at least 35 percent by weight of acrylonitrile units but less than 85
percent by weight of acrylonitrile units.
    Monomer recovery process equipment means the collection of process
units and associated process equipment used to reclaim the monomer for
subsequent reuse, including but not limited to polymer holding tanks,
polymer buffer tanks, monomer vacuum pump flush drum, and drum filter
vacuum pump flush drum.
    Polymerization process equipment means the collection of process
units and associated process equipment used in the acrylonitrile
polymerization process prior to the fiber spinning line, including but
not limited to acrylonitrile storage tanks, recovered monomer tanks,
monomer measuring tanks, monomer preparation tanks, monomer feed tanks,
slurry receiver tanks, polymerization reactors, and drum filters.
    Process vent means the point of discharge to the atmosphere (or
point of entry into a control device, if any) of a gas stream from the
acrylic and modacrylic fibers production process.
    Process wastewater means wastewater, which during manufacturing or
processing, comes into direct contact with or results from the
production of use of any raw material, intermediate product, finished
product, by-product, or waste product.
    Responsible official means responsible official as defined at 40
CFR 70.2.
    Spin dope means the liquid mixture of polymer and solvent that is
fed to the spinneret to form the acrylic and modacrylic fibers.
    Wastewater means process wastewater that:
    (1) Contains either an annual concentration of organic hazardous
air pollutants listed in Table 9 to subpart G of at least 5 parts per
million by weight at the point of determination and has an annual
average flow rate of 0.02 liter per minute, or contains an annual
average concentration of organic hazardous air pollutants listed in
Table 9 to subpart G of at least 10,000 parts per million by weight at
the point of determination at any flow rate; and
    (2) Is discarded from a polymerization production process, monomer
recovery process, or other production operation.

Sec.  63.11399  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by the U.S. EPA or
a delegated authority such as a State, local, or tribal agency. If the
U.S. EPA Administrator has delegated authority to a State, local, or
tribal agency pursuant to 40 CFR subpart E, then that Agency has the
authority to implement and enforce this subpart. You should contact
your U.S. EPA Regional Office to find out if this subpart is delegated
to a State, local, or tribal agency within your State.
    (b) In delegating implementation and enforcement authority of this
subpart to a State, local, or tribal agency under 40 CFR part 63,
subpart E, the approval authorities contained in paragraphs (b)(1)
through (4) of this section are retained by the Administrator of the
U.S. EPA and are not transferred to the State, local, or tribal agency.
    (1) Approval of an alternative non-opacity emissions standard under
Sec.  63.6(g).
    (2) Approval of a major change to a test method under Sec.
63.7(e)(2)(ii) and (f). A ``major change to test method'' is defined in
Sec.  63.90.
    (3) Approval of a major change to monitoring under Sec.  63.8(f). A
``major change to monitoring'' is defined in Sec.  63.90.
    (4) Approval of a major change to recordkeeping/reporting under
Sec.  63.10(f). A ``major change to recordkeeping/reporting'' is
defined in Sec.  63.90.
    As required in Sec.  63.11397(a), you must comply with the
requirements of the NESHAP General Provisions (40 CFR part 63, subpart
A) as shown in the following table.

          Table 1 to Subpart LLLLLL of Part 63.--Applicability of General Provisions to Subpart LLLLLL
----------------------------------------------------------------------------------------------------------------
                                                               Applies to subpart
              Citation                       Subject                 LLLLLL?                 Explanation
----------------------------------------------------------------------------------------------------------------
63.1(a)(1), (a)(2), (a)(3), (a)(4),  Applicability.........  Yes...................
 (a)(6), (a)(10)-(a)(12) (b)(1),
 (b)(3), (c)(1), (c)(2), (c)(5),
 (e).
63.1(a)(5), (a)(7)-(a)(9), (b)(2),   Reserved..............  No....................
 (c)(3), (c)(4), (d).
63.2...............................  Definitions...........  Yes...................
63.3...............................  Units and               Yes...................
                                      Abbreviations.
63.4...............................  Prohibited Activities   Yes...................
                                      and Circumvention.
63.5...............................  Preconstruction Review  No....................
                                      and Notification
                                      Requirements.
63.6(a), (b)(1)-(b)(5), (b)(7),      Compliance with         Yes...................  Subpart LLLLLL requires new
 (c)(1), (c)(2), (c)(5), (e)(1),      Standards and                                   and existing sources to
 (e)(3)(i), (e)(3)(iii)-(e)(3)(ix),   Maintenance                                     comply with requirements
 (f) (g), (i), (j).                   Requirements.                                   for startups, shutdowns,
                                                                                and malfunctions in Sec.
                                                                                63.6(e)(3).
63.6(b)(6), (c)(3), (c)(4), (d),     Reserved..............  No....................
 (e)(2), (e)(3)(ii), (h)(3),
 (h)(5)(iv).
63.6(h)(1)-(h)(4), (h)(5)(i)-        ......................  No....................  Subpart LLLLLL does not
 (h)(5)(iii), (h)(6)-(h)(9).                                                          include opacity or visible
                                                                                emissions standards or
                                                                                require a continuous
                                                                                opacity monitoring system.
63.7(a), (e), (f), (g), (h)........  Performance Testing     Yes/No................  Subpart LLLLLL requires
                                      Requirements.                                   performance tests for new
                                                                                and existing sources; a
                                                                                test for an existing
                                                                                source is not required if
                                                                                a prior test meets the
                                                                                conditions in Sec.
                                                                                63.11395(h).
63.7(b), (c).......................  ......................  Yes/No................  Requirements for
                                                                                notification of
                                                                                performance test and for
                                                                                quality assurance program
                                                                                apply to new sources but
                                                                                not existing sources.
63.8(a)(1), (a)(2), (b), (c)(1)-     Monitoring              Yes...................
 (c)(3), (f)(1)-(5).                  Requirements.
63.8(a)(3).........................  Reserved..............  No....................
63.8(a)(4).........................  ......................  Yes...................  Requirements apply to new
                                                                                sources if flares are the
                                                                                selected control option.
63.8(c)(4)-(c)(8), (d), (e),         ......................  Yes...................  Requirements apply to new
 (f)(6), (g).                                                                         sources but not to
                                                                                existing sources.
63.9(a), (b)(1), (b)(5), (c), (d),   Notification            Yes...................
 (i), (j).                            Requirements.
63.9(e)............................  ......................  Yes/No................  Notification of performance
                                                                                test is required for new
                                                                                area sources.
63.9(b)(2).........................  ......................  Yes...................  Initial notification of
                                                                                applicability is required
                                                                                for new and existing area
                                                                                sources.
63.9(b)(3), (h)(4).................  Reserved..............  No....................
63.9(b)(4), (h)(5).................  ......................  No....................
63.9(f), (g).......................  ......................  No....................  Subpart LLLLLL does not
                                                                                require a continuous
                                                                                opacity monitoring system
                                                                                or continuous emissions
                                                                                monitoring system.
63.9(h)(1)-(h)(3), (h)(6)..........  ......................  Yes...................  Notification of compliance
                                                                                status is required for new
                                                                                and existing area sources.
63.10(a)...........................  Recordkeeping           Yes...................
                                      Requirements.
(b)(1).............................  ......................  Yes/No................  Record retention
                                                                                requirement applies to new
                                                                                area sources but not
                                                                                existing area sources.
                                                                                Subpart LLLLLL establishes
                                                                                2-year retention period
                                                                                for existing area sources.
63.10(b)(2)........................  ......................  Yes...................  Recordkeeping requirements
                                                                                for startups, shutdowns,
                                                                                and malfunctions apply to
                                                                                new and existing area
                                                                                sources.
63.10(b)(3)........................  ......................  Yes...................  Recordkeeping requirements
                                                                                for applicability
                                                                                determinations apply to
                                                                                new area sources.
63.10(c)(1), (c)(5)-(c)(14)........  ......................  Yes/No................  Recordkeeping requirements
                                                                                for continuous parameter
                                                                                monitoring systems apply
                                                                                to new sources but not
                                                                                existing sources.
63.10(c)(2)-(c)(4), (c)(9).........  Reserved..............  No....................
63.10(d)(1), (d)(4), (e)(1),         Reporting Requirements  Yes...................
 (e)(2), (f).
63.10(d)(2)........................  ......................  Yes...................  Report of performance test
                                                                                results applies to each
                                                                                area source required to
                                                                                conduct a performance
                                                                                test.
63.10(d)(3)........................  ......................  No....................  Subpart LLLLLL does not
                                                                                include opacity or visible
                                                                                emissions limits.

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

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

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

Sec.

Applicability and Compliance Dates

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

Standards and Compliance Requirements

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

Other Requirements and Information

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

Applicability and Compliance Dates

Sec.  63.11400  Am I subject to this subpart?

    (a) You are subject to this subpart if you own or operate a carbon
black production facility that is an area source of hazardous air
pollutant (HAP) emissions.
    (b) This subpart applies to each new or existing affected source.
The affected source is each carbon black production process unit. The
affected source includes all waste management units, maintenance
wastewater, and equipment components that contain or contact HAP that
are associated with the carbon black production unit.
    (1) An affected source is an existing source if you commenced
construction or reconstruction of the affected source before April 4,
2007.
    (2) An affected source is new if you commenced construction or
reconstruction of the affected source on or after April 4, 2007.
    (c) This subpart does not apply to research and development
facilities, as defined in section 112(c)(7) of the Clean Air Act (CAA).
    (d) If you own or operate an area source subject to this subpart,
you must obtain a permit under 40 CFR part 70 or 40 CFR part 71.

Sec.  63.11401  What are my compliance dates?

    (a) If you own or operate an existing affected source, you must
achieve compliance with the applicable provisions of this subpart by
the date of publication of the final rule in the Federal Register.
    (b) If you startup a new affected source on or before the date of
publication of the final rule in the Federal Register, you must achieve
compliance with the applicable provisions of this subpart not later
than the date of publication of the final rule in the Federal Register.
    (c) If you startup a new affected source after the date of
publication of the 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.  63.11402  What are the standards and compliance requirements for
new and existing sources?

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

Sec.  63.11403  [Reserved]

Other Requirements and Information

Sec.  63.11404  What General Provisions apply to this subpart?

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

Sec.  63.11405  What definitions apply to this subpart?

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

Sec.  63.11406  Who implements and enforces this subpart?

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

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

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

Sec.

Applicability and Compliance Dates

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

Standards and Compliance Requirements

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

Other Requirements and Information

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

Applicability and Compliance Dates

Sec.  63.11407  Am I subject to this subpart?

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

Sec.  63.11408  What are my compliance dates?

    (a) If you own or operate an existing affected source, you must
achieve compliance with the applicable provisions in this subpart not
later than 6 months after the date of publication of the final rule in
the Federal Register.
    (b) If you startup a new affected source on or before the date of
publication of the final rule in the Federal Register, you must achieve
compliance with the applicable provisions of this subpart not later
than the date of publication of the final rule in the Federal Register.
    (c) If you startup a new affected source after the date of
publication of the 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.  63.11409  What are the standards?

    (a) You must operate a capture system that collects the gases and
fumes released during the operation of each emissions unit listed in
Table 1 of this subpart and conveys the collected gas stream to a
particulate matter (PM) control device.
    (b) You must not discharge to the atmosphere through any
combination of stacks or other vents process gases from an emissions
unit listed in Table 1 of this subpart that contain PM in excess of the
allowable process rate determined according to Equation 1 of this
section (for an emissions unit with a process rate of less than 30 tons
per hour) or Equation 2 of this section (for an emissions unit with a
process rate of 30 tons per hour or greater). If more than one process
vents to a common stack, the applicable emissions limit for the stack
is the sum of allowable emissions calculated for each process using
Equation 1 or 2 of this section, as applicable.
[GRAPHIC] [TIFF OMITTED] TP04AP07.002

Where:

E = Emissions limit in pounds per hour (lb/hr); and
P = Process rate of emissions unit in tons per hour (ton/hr).
[GRAPHIC] [TIFF OMITTED] TP04AP07.003

Sec.  63.11410  What are the compliance requirements?

    (a) Existing sources. If you own or operate an existing area
source, you must comply with the requirements in paragraphs (b) through
(e) of this section.
    (b) Initial control device inspection. You must conduct an initial
inspection of each PM control device according to the requirements in
paragraphs (b)(1) through (4) of this section. You must conduct each
inspection no later than 60 days after your applicable compliance date.
    (1) For each baghouse, you must visually inspect the system
ductwork and baghouse unit for leaks. You must also inspect the inside
of each baghouse for structural integrity and fabric filter condition.
You must record the results of the inspection and any maintenance
action in the logbook required in paragraph (d) of this section.
    (2) For each dry electrostatic precipitator, you must verify the
proper functioning of the electronic controls for corona power and
rapper operation, that the corona wires are energized, and that
adequate air pressure is present on the rapper manifold. You must also
visually inspect the system ductwork and electrostatic precipitator
housing unit and hopper for leaks and inspect the interior of the
electrostatic precipitator to determine the condition and integrity of
corona wires, collection plates, hopper, and air diffuser plates.
    (3) For each wet electrostatic precipitator, you must verify the
proper functioning of the electronic controls for corona power, that
the corona wires are energized, and that water flow is present. You
must also visually inspect the system ductwork and electrostatic
precipitator housing unit and hopper for leaks and inspect the interior
of the electrostatic precipitator to determine the condition and
integrity of corona wires, collection plates, plate wash spray heads,
hopper, and air diffuser plates.
    (4) For each wet scrubber, you must verify the presence of water
flow to the scrubber. You must also visually inspect the system
ductwork and scrubber unit for leaks and inspect the interior of the
scrubber for structural integrity and the condition of the demister and
spray nozzle.
    (c) Periodic inspections/maintenance. Following the initial
inspections, you must perform periodic inspections and maintenance of
each PM control device according to the requirements in paragraphs
(c)(1) through (4) of this section.
    (1) You must inspect and maintain each baghouse according to the
requirements in paragraphs (c)(1)(i) and (ii) of this section.
    (i) You must conduct monthly visual inspections of the system
ductwork for leaks.
    (ii) You must conduct annual inspections of the interior of the
baghouse for structural integrity and to determine the condition of the
fabric filter.

    (2) You must inspect and maintain each dry electrostatic
precipitator according to the requirements in paragraphs (c)(2)(i)
through (iii) of this section.
    (i) You must conduct a daily inspection to verify the proper
functioning of the electronic controls for corona power and rapper
operation, that the corona wires are energized, and that adequate air
pressure is present on the rapper manifold.
    (ii) You must conduct monthly visual inspections of the system
ductwork, housing unit, and hopper for leaks.
    (iii) You must conduct biennial inspections of the interior of the
electrostatic precipitator to determine the condition and integrity of
corona wires, collection plates, plate rappers, hopper, and air
diffuser plates.
    (3) You must inspect and maintain each wet electrostatic
precipitator according to the requirements in paragraphs (c)(3)(i)
through (iii) of this section.
    (i) You must conduct a daily inspection to verify the proper
functioning of the electronic controls for corona power, that the
corona wires are energized, and that water flow is present.
    (ii) You must conduct monthly visual inspections of the system
ductwork, electrostatic precipitator housing unit, and hopper for
leaks.
    (iii) You must conduct biennial inspections of the interior of the
electrostatic precipitator to determine the condition and integrity of
corona wires, collection plates, plate rappers, hopper, and air
diffuser plates.
    (4) You must inspect and maintain each wet scrubber according to
the requirements in paragraphs (c)(4)(i) through (iii) of this section.
    (i) You must conduct a daily inspection to verify the presence of
water flow to the scrubber.
    (ii) You must conduct monthly visual inspections of the system
ductwork and scrubber unit for leaks.
    (iii) You must conduct annual inspections of the interior of the
scrubber to determine the structural integrity and condition of the
demister and spray nozzle.
    (d) Recordkeeping requirements. You must record the results of each
inspection and maintenance action in a logbook (written or electronic
format). You must keep the logbook onsite and make the logbook
available to the permitting authority upon request. You must keep
records of the information specified in paragraphs (d)(1) through (4)
of this section for 5 years following the date of each recorded action.
    (1) The date and time of each recorded action for a fabric filter,
the results of each inspection, and the results of any maintenance
performed on the bag filters.
    (2) The date and time of each recorded action for a wet or dry
electrostatic precipitator (including ductwork), the results of each
inspection, and the results of any maintenance performed on the
electrostatic precipitator.
    (3) The date and time of each recorded action for a wet scrubber
(including ductwork), the results of each inspection, and the results
of any maintenance performed on the wet scrubber.
    (4) Records of all required monitoring data and supporting
information including all calibration and maintenance records, original
strip-chart recordings for continuous monitoring information, and
copies of all reports required by this subpart. You must maintain
records of required monitoring data in a form suitable and readily
available for expeditious review. All records must be kept onsite and
made available to EPA or the delegated authority for inspection upon
request. You must maintain records of all required monitoring data and
supporting information for at least 5 years from the date of the
monitoring sample, measurement, report, or application.
    (e) Reports. (1) You must report each deviation (an action or
condition not in accordance with the requirements of this subpart,
including upset conditions but excluding excess emissions) to the
permitting agency on the next business day after becoming aware of the
deviation. You must submit a written report within 2 business days
which identifies the probable cause of the deviation and any corrective
actions or preventative actions taken. All reports of deviations must
be certified by a responsible official.
    (2) You must submit semiannual reports of monitoring and
recordkeeping activities to your permitting authority.
    (3) You must submit the results of any maintenance performed on
each PM control device within 30 days of a written request by the
permitting authority.
    (f) New sources. If you own or operate a new affected source, you
must comply with the requirements in paragraphs (g) and (h) of this
section.
    (g) Bag leak detection systems. You must install, operate, and
maintain a bag leak detection system on all baghouses used to comply
with the PM emissions limit in Sec.  63.11409 according to paragraph
(g)(1) of this section; prepare and operate by a site-specific
monitoring plan according to paragraph (g)(2) of this section; take
corrective action according to paragraph (g)(3) of this section; and
record information according to paragraph (g)(4) of this section.
    (1) Each bag leak detection system must meet the specifications and
requirements in paragraphs (g)(1)(i) through (viii) of this section.
    (i) The bag leak detection system must be certified by the
manufacturer to be capable of detecting PM emissions at concentrations
of 0.00044 grains per actual cubic foot or less.
    (ii) The bag leak detection system sensor must provide output of
relative PM loadings. The owner or operator shall continuously record
the output from the bag leak detection system using electronic or other
means (e.g., using a strip chart recorder or a data logger).
    (iii) The bag leak detection system must be equipped with an alarm
system that will sound when the system detects an increase in relative
particulate loading over the alarm set point established according to
paragraph (g)(1)(iv) of this section, and the alarm must be located
such that it can be heard by the appropriate plant personnel.
    (iv) In the initial adjustment of the bag leak detection system,
you must establish, at a minimum, the baseline output by adjusting the
sensitivity (range) and the averaging period of the device, the alarm
set points, and the alarm delay time.
    (v) Following initial adjustment, you shall not adjust the
averaging period, alarm set point, or alarm delay time without approval
from the Administrator or delegated authority except as provided in
paragraph (g)(1)(vi) of this section.
    (vi) Once per quarter, you may adjust the sensitivity of the bag
leak detection system to account for seasonal effects, including
temperature and humidity, according to the procedures identified in the
site-specific monitoring plan required by paragraph (g)(2) of this
section.
    (vii) You must install the bag leak detection sensor downstream of
the baghouse and upstream of any wet scrubber.
    (viii) Where multiple detectors are required, the system's
instrumentation and alarm may be shared among detectors.
    (2) You must develop and submit to the Administrator or delegated
authority for approval a site-specific monitoring plan for each bag
leak detection system. You must operate and maintain the bag leak
detection system according to the

site-specific monitoring plan at all times. Each monitoring plan must
describe the items in paragraphs (g)(2)(i) through (vi) of this
section.
    (i) Installation of the bag leak detection system;
    (ii) Initial and periodic adjustment of the bag leak detection
system, including how the alarm set-point will be established;
    (iii) Operation of the bag leak detection system, including quality
assurance procedures;
    (iv) How the bag leak detection system will be maintained,
including a routine maintenance schedule and spare parts inventory
list;
    (v) How the bag leak detection system output will be recorded and
stored; and
    (vi) Corrective action procedures as specified in paragraph (g)(3)
of this section. In approving the site-specific monitoring plan, the
Administrator or delegated authority may allow owners and operators
more than 3 hours to alleviate a specific condition that causes an
alarm if the owner or operator identifies in the monitoring plan this
specific condition as one that could lead to an alarm, adequately
explains why it is not feasible to alleviate this condition within 3
hours of the time the alarm occurs, and demonstrates that the requested
time will ensure alleviation of this condition as expeditiously as
practicable.
    (3) For each bag leak detection system, you must initiate
procedures to determine the cause of every alarm within 1 hour of the
alarm. Except as provided in paragraph (g)(2)(vi) of this section, you
must alleviate the cause of the alarm within 3 hours of the alarm by
taking whatever corrective action(s) are necessary. Corrective actions
may include, but are not limited to the following:
    (i) Inspecting the baghouse for air leaks, torn or broken bags or
filter media, or any other condition that may cause an increase in
particulate emissions;
    (ii) Sealing off defective bags or filter media;
    (iii) Replacing defective bags or filter media or otherwise
repairing the control device;
    (iv) Sealing off a defective baghouse compartment;
    (v) Cleaning the bag leak detection system probe or otherwise
repairing the bag leak detection system; or
    (vi) Shutting down the process producing the particulate emissions.
    (4) You must maintain records of the information specified in
paragraphs (g)(4)(i) through (iii) of this section for each bag leak
detection system.
    (i) Records of the bag leak detection system output;
    (ii) Records of bag leak detection system adjustments, including
the date and time of the adjustment, the initial bag leak detection
system settings, and the final bag leak detection system settings; and
    (iii) The date and time of all bag leak detection system alarms,
the time that procedures to determine the cause of the alarm were
initiated, the cause of the alarm, an explanation of the actions taken,
the date and time the cause of the alarm was alleviated, and whether
the alarm was alleviated within 3 hours of the alarm.
    (h) Other control devices. If you use a control device other than a
baghouse, you must prepare and submit a monitoring plan to EPA or the
delegated authority for approval. Each plan must contain the
information in paragraphs (h)(1) through (5) of this section.
    (1) A description of the device;
    (2) Test results collected in accordance with paragraph (i) of this
section verifying the performance of the device for reducing PM to the
levels required by this subpart;
    (3) Operation and maintenance plan for the control device
(including a preventative maintenance schedule consistent with the
manufacturer's instructions for routine and long-term maintenance) and
continuous monitoring system.
    (4) A list of operating parameters that will be monitored to
maintain continuous compliance with the applicable emissions limits;
and
    (5) Operating parameter limits based on monitoring data collected
during the performance test.
    (i) Performance tests. If you own or operate a new affected source,
you must conduct a performance test for each emissions unit subject to
an emissions limit in Sec.  63.11409(b) within 180 days of your
compliance date and report the results in your notification of
compliance status. If you own or operate an existing affected source,
you are not required to conduct a performance test if a prior
performance test was conducted within the past five years of the
effective date using the same methods specified in paragraph (j) of
this section and either no process changes have been made since the
test, or if you can demonstrate that the results of the performance
test, with or without adjustments, reliably demonstrate compliance
despite process changes.
    (j) Test methods. You must conduct each performance test according
to the requirements in Sec.  63.7 and paragraphs (j)(1) through (3) of
this section.
    (1) Determine the concentration of PM according to the following
test methods in appendix A to part 60 of this chapter:
    (i) Method 1 or 1A to select sampling port locations and the number
of traverse points in each stack or duct. Sampling sites must be
located at the outlet of the control device and prior to any releases
to the atmosphere.
    (ii) Method 2, 2A, 2C, 2D, 2F, or 2G to determine the volumetric
flow rate of the stack gas.
    (iii) Method 3, 3A, or 3B to determine the dry molecular weight of
the stack gas. You may use ANSI/ASME PTC 19.10-1981, Flue and Exhaust
Gas Analyses (incorporated by reference--see Sec.  63.14) as an
alternative to EPA Method 3B.
    (iv) Method 4 to determine the moisture content of the stack gas.
    (v) Method 5 or 5D to determine the concentration of particulate
matter (front half filterable catch only). Three valid test runs are
needed to comprise a performance test.
    (2) During the test, you must operate each emissions unit within 10
percent of the normal process rate specified in your notification of
compliance status. You must monitor and record the process rate during
the test.
    (3) Compute the mass emissions (E) in pounds per hour (lb/hr) for
each test run using Equation 1 of this section and the process rate
measured during the test. The PM emissions in lb/hr must be less than
the allowable PM emissions rate for the emissions unit.
[GRAPHIC] [TIFF OMITTED] TP04AP07.004

Where:

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

    (k) Startups, shutdown, and malfunctions. The requirements in
paragraphs (k)(1) and (2) of this section apply to the owner or
operator of a new or existing affected source.
    (1) Except as provided in paragraph (k)(2) of this section, you
must report emissions in excess of a PM emissions limit established by
this subpart lasting for more than 4 hours that result from a
malfunction, a breakdown of process or control equipment, or any other
abnormal condition by 9 a.m. of the next business day of becoming aware
of the occurrence. You must provide the name and location of the
facility, the nature

and cause of the malfunction or breakdown, the time when the
malfunction or breakdown is first observed, the expected duration, and
the estimated rate of emissions. You must also notify EPA or the
delegated authority immediately when corrected measures have been
accomplished and, if requested, submit a written report within 15 days
after the request.
    (2) As an alternative to the requirements in paragraph (k)(1) of
this section, you must comply with the startup, shutdown, and
malfunction requirements in 40 CFR 63.6(e)(3).

Other Requirements and Information

Sec.  63.11411  What General Provisions apply to this subpart?

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

Sec.  63.11412  What definitions apply to this subpart?

    Terms used in this subpart are defined in the CAA, in 40 CFR 63.2,
and in this section as follows:
    Bag leak detection system means a system that is capable of
continuously monitoring relative particulate matter (dust loadings) in
the exhaust of a baghouse to detect bag leaks and other upset
conditions. A bag leak detection system includes, but is not limited
to, an instrument that operates on triboelectric, light scattering,
light transmittance, or other effect to continuously monitor relative
particulate matter loadings.
    Chromic acid means chromium trioxide (CrO3). It is
produced by the electrolytic reaction or acidification of sodium
dichromate.
    Chromium compounds manufacturing means any process that uses
chromite ore as the basic feedstock to manufacture chromium compounds,
primarily sodium dichromate, chromic acid, and chromic oxide.
    Chromite ore means an oxide of chromium and iron
(FeCr2O4) that is the primary feedstock for
chromium compounds manufacturing.
    Chromic oxide means Cr2O3. In the production
of chromic oxide, ammonium sulfate and sodium dichromate that have been
concentrated by evaporation are mixed and fed to a rotary roasting kiln
to produce chromic oxide, sodium sulfate and nitrogen gas.
    Roasting means a heating (oxidizing) process where ground chromite
ore is mixed with alkaline material (such as soda ash, sodium
bicarbonate, and sodium hydroxide) and fed to a rotary kiln where it is
heated to about 2,000 [deg]F, converting the majority of the chromium
in the ore from trivalent to hexavalent chromium.
    Sodium chromate means Na 2CrO4. It is
produced by roasting chromite ore in a rotary kiln.
    Sodium dichromate means sodium bichromate or sodium bichromate
dihydrate and is known technically as sodium dichromate dihydrate
(Na2Cr2O7.2H2O). It is
produced by the electrolytic reaction or acidification of sodium
chromate.

Sec.  63.11413  Who implements and enforces this subpart?

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

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

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

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

63.8(c)(4)-(c)(8), (d), (e),         ......................  No....................  Subpart NNNNNN establishes
 (f)(6), (g).                                                                         requirements for
                                                                                continuous parameter
                                                                                monitoring systems.
63.9(a), (b)(1), (b)(5), (c), (d),   Notification            Yes...................
 (i), (j).                            Requirements.
63.9(e)............................  ......................  Yes/No................  Notification of performance
                                                                                test is required only for
                                                                                new area sources.
63.9(b)(2).........................  ......................  Yes...................
63.9(b)(3), (h)(4).................  Reserved..............  No....................
63.9(b)(4), (h)(5).................  ......................  No....................
63.9(f), (g).......................  ......................  No....................  Subpart NNNNNN does not
                                                                                include opacity or visible
                                                                                emissions standards or