techniques, EPA has established a public docket for this action, which
includes this ICR, under Docket ID numbers EPA-HQ-OAR-2006-0424 (for
Clay Ceramics Manufacturing), EPA-HQ-OAR-2006-0360 (for Glass
Manufacturing), and EPA-HQ-OAR-2006-0940 (for Secondary Nonferrous
Metals Processing). Submit any comments related to the ICR for the
proposed rule to EPA and OMB. See the ADDRESSES section at the
beginning of this preamble for where to submit comments to EPA. Send
comments to OMB at the Office of Information and Regulatory Affairs,
Office of Management and Budget, 725 17th Street, NW., Washington, DC
20503, Attention: Desk Office for EPA. Because OMB is required to make
a decision concerning the ICR between 30 and 60 days after September
20, 2007, a comment to OMB is best assured of having its full effect if
OMB receives it by October 22, 2007. The final rules will respond to
any OMB or public comments on the information collection requirements
contained in the proposal.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act 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 whose parent company meets the Small Business
Administration size standards for small businesses found at 13 CFR
121.201 (less than 500 to 750 employees for Clay Ceramics
Manufacturing, less than 750 to 1,000 employees for Glass
Manufacturing, and less than 750 employees for Secondary Nonferrous
Metals Processing, depending on the size definition for the affected
NAICS code); (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.
    Based on our estimates, EPA does not expect any new clay ceramic or
secondary nonferrous metal processing sources to be constructed in the
foreseeable future and so therefore did not estimate the impacts for
new clay ceramics manufacturing or secondary nonferrous metal
processing sources. After considering the economic impacts of today's
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 be no significant impacts on new or existing clay
ceramics manufacturing facilities or secondary nonferrous metals
processing facilities because these proposed rules do not create any
new requirements or burdens other than minimal notification
requirements. The minimal notification requirements consist of reading
the rule and providing two initial notifications to EPA: One notifying
EPA that the facility is subject to the rule and one notifying EPA that
the facility is in compliance with the rule. These notifications may be
submitted together. We estimate the cost of these one time notification
requirements to be $974 for each clay ceramics manufacturing facility
and $390 for each secondary nonferrous metals processing facility.
These costs were estimated based on the costs of technical, management,
and clerical support salaries. We also estimate that 34 clay ceramics
facilities and 6 secondary nonferrous metals processing facilities are
owned and operated by small businesses. These notification costs would
be less than 0.25 percent for any of these small businesses.
    Twenty one glass manufacturing facilities are estimated to require
additional costs because of the proposed rule. None of these facilities
are small businesses. Therefore, there is no significant impact on a
substantial number of small entities.
    We continue to be interested in the potential impacts of the
proposed action on small entities and welcome comments on issues
related to such impacts.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures by State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
1 year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective, or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective, or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
    EPA has determined that the proposed rules do not contain a Federal
mandate that may result in expenditures of $100 million or more for
State, local, and tribal governments, in the aggregate, or to the
private sector in any 1 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 1 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 assure ``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.
    In the spirit of Executive Order 13132, and consistent with EPA
policy to promote communications between EPA and State and local
governments, EPA specifically solicits comments on these proposed rules
from State and local officials.

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 assure ``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. EPA specifically
solicits additional comments on the proposed rules from tribal
officials.

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 EPA.
    EPA interprets Executive Order 13045 as applying only to those
regulatory actions that are based on health or safety risks, such that
the analysis required under section 5-501 of the Executive Order has
the potential to influence the regulation. The proposed rules are not
subject to Executive Order 13045 because they are based on technology
performance and not on health or safety risks.

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

    The glass manufacturing rule is not a ``significant energy action''
as defined in Executive Order 13211, ``Actions Concerning Regulations
That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001) because it is not likely to have a significant
adverse effect on the supply, distribution, or use of energy. Further,
we have concluded that this proposed rule is not likely to have any
significant adverse energy effects. Existing energy requirements for
this industry would not be significantly impacted by the additional
pollution controls or other equipment that may be required by this
proposed rule.
    The clay ceramics manufacturing and the secondary nonferrous metals
processing proposed rules are not ``significant energy actions'' 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. The
energy requirements for these industries would remain at existing
levels. No additional pollution controls or other equipment that would
consume energy are required by these 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, 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
EPA does not use available and applicable VCS.
    The proposed rule as it applies to glass manufacturing involves
technical standards. EPA cites the following standards: EPA Methods 1,
1A, 2, 2A, 2C, 2F, 2G, 3, 3A, 3B, 4, 5, 17, and 22 in 40 CFR part 60,
appendix A.
    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, 2F, 2G, and 22. The search and review results are
in the dockets for the proposed rules.
    The search identified one VCS as an acceptable alternative to EPA
methods. The standard ASME PTC 19.10-1981, ``Flue and Exhaust Gas
Analyses,'' is cited in the proposed rule for glass manufacturing area
sources for its manual method for measuring the oxygen, carbon dioxide,
and carbon monoxide content of the exhaust gas. This part of ASME PTC
19.10-1981 is an acceptable alternative to EPA Method 3B.
    The search for emissions measurement procedures identified 14 other
VCS. EPA determined that these 14 standards identified for measuring
emissions of the HAP or surrogates subject to emission standards in the
Glass Manufacturing proposed rule were impractical alternatives to EPA
test methods for the purposes of the rule. Therefore, EPA does not
intend to adopt these standards for this purpose. The reasons for the
determinations for the 14

methods are included in the docket for the Glass Manufacturing proposed
rule.
    Sections 63.11440 and 63.11452 list the test methods included in
the proposed rule. For the methods required or referenced by the
proposed rule, 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. Sec.  63.7(f) and 63.8(f) of subpart A of the
General Provisions. EPA welcomes comments on this aspect of the
proposed rulemaking and, specifically, invites the public to identify
potentially-applicable voluntary consensus standards and to explain why
such standards should be used in this regulation.

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 they increase the
level of environmental protection for all affected populations without
having any disproportionately high and adverse human health or
environmental effects on any population, including any minority or low-
income population. These proposed rules establish national standards
for each area source category. EPA welcomes comments on this aspect of
the proposed rulemaking and, specifically, invites the public to
identify potentially-applicable voluntary consensus standards and to
explain why such standards should be used in this regulation.

List of Subjects in 40 CFR Part 63

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

    Dated: September 12, 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), Table
5 of subpart DDDDD of this part, 63.11452(b)(12), and
63.11466(c)(1)(iii).
* * * * *
    3. Part 63 is amended by adding subpart RRRRRR to read as follows:
Subpart RRRRRR--National Emission Standards for Hazardous Air
Pollutants for Clay Ceramics Manufacturing Area Sources

Applicability and Compliance Dates

Sec.
63.11435 Am I subject to this subpart?
63.11436 What parts of my plant does this subpart cover?
63.11437 What are my compliance dates?

Standards, Compliance, and Monitoring Requirements

63.11438 What are the standards for new and existing sources?
63.11439 What are the initial compliance demonstration requirements
for new and existing sources?
63.11440 What are the monitoring requirements for new and existing
sources?
63.11441 What are the notification requirements?
63.11442 What are the recordkeeping requirements?

Other Requirements and Information

63.11443 What General Provisions apply to this subpart?
63.11444 What definitions apply to this subpart?
63.11445 Who implements and enforces this subpart?
63.11446--63.11447 [Reserved]

Tables to Subpart RRRRRR of Part 63

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

Subpart RRRRRR--National Emission Standards for Hazardous Air
Pollutants for Clay Ceramics Manufacturing Area Sources

Applicability and Compliance Dates

Sec.  63.11435  Am I subject to this subpart?

    (a) You are subject to this subpart if you own or operate a clay
ceramics manufacturing facility (as defined in Sec.  63.11444), with an
atomized glaze spray booth or kiln that fires glazed ceramic ware, that
processes more than 45 megagrams per year (Mg/yr) (50 tons per year
(tpy)) wet clay and is an area source of hazardous air pollutant (HAP)
emissions.
    (b) If you are an owner or operator of an area source subject to
this subpart, you are exempt from the obligation to obtain a permit
under 40 CFR part 70 or 71, provided you are not required to obtain a
permit under 40 CFR 70.3(a) or 71.3(a) for a reason other than your
status as an area source under this subpart. Notwithstanding the
previous sentence, you must continue to comply with the provisions of
this subpart applicable to area sources.

63.11436  What parts of my plant does this subpart cover?

    (a) This subpart applies to any existing, new, or reconstructed
affected source located at a clay ceramics manufacturing facility.
    (b) The affected source includes all atomized glaze spray booths
and kilns that fire glazed ceramic ware located at a clay ceramics
manufacturing facility.
    (c) An affected source is existing if you commenced construction or
reconstruction of the affected source before September 20, 2007.
    (d) An affected source is new if you commenced construction or
reconstruction of the affected source on or after September 20, 2007.

Sec.  63.11437  What are my compliance dates?

    (a) If you have an existing affected source, you must comply with
the standards no later than the date of publication of the final rule
in the Federal Register.
    (b) If you have a new or reconstructed affected source, you must
comply with this subpart according to paragraphs (b)(1) and (2) of this
section.

    (1) If you start up your affected source on or before the date of
publication of the final rule in the Federal Register, you must comply
with this subpart no later than the date of publication of the final
rule in the Federal Register.
    (2) If you start up your affected source after the date of
publication of the final rule in the Federal Register, you must comply
with this subpart upon initial startup of your affected source.

Standards, Compliance, and Monitoring Requirements

Sec.  63.11438  What are the standards for new and existing sources?

    (a) For each kiln that fires glazed ceramic ware, you must maintain
the peak temperature below 1540 [deg]C (2800 [deg]F) and comply with
one of the management practices in paragraphs (a)(1) and (2) of this
section:
    (1) Use natural gas, or equivalent clean-burning fuel, as the kiln
fuel; or
    (2) Use an electric-powered kiln.
    (b) You must maintain annual wet glaze usage records for your
facility.
    (c) For each atomized glaze spray booth located at a clay ceramics
manufacturing facility that uses more than 227 Mg/yr (250 tpy) of wet
glaze(s), you must comply with the equipment standard requirements in
paragraph (c)(1) of this section or the management practice in
paragraph (c)(2) of this section.
    (1) Route the emissions from the atomized glaze spray booth through
an APCD, as defined in Sec.  63.11444.
    (i) Operate and maintain the APCD in accordance with the equipment
manufacturer's specifications;
    (ii) Monitor the APCD according to the applicable requirements in
Sec.  63.11440.
    (2) Alternatively, use wet glazes containing less than 0.1 (weight)
percent clay ceramics metal HAP.
    (d) For each atomized glaze spray booth located at a clay ceramics
manufacturing facility that uses 227 Mg/yr (250 tpy) or less of wet
glaze(s), you must comply with one of the management practices in
paragraphs (d)(1) and (2) of this section.
    (1) Employ waste minimization practices, as defined in Sec.
63.11444; or
    (2) Alternatively, comply with the equipment standard requirements
described in paragraph (c)(1) of this section or the management
practice described in paragraph (c)(2) of this section.
    (e) Surface applications (e.g., wet glazes) containing less than
0.1 (weight) percent clay ceramics metal HAP do not have to be
considered in determination of the 227 Mg/yr (250 tpy) threshold for
wet glaze usage.

Sec.  63.11439  What are the initial compliance demonstration
requirements for new and existing sources?

    (a) You must demonstrate initial compliance with the applicable
management practices in Sec.  63.11438 by submitting a Notification of
Compliance Status. For any wet spray glaze operations controlled with
an APCD, you must conduct an initial inspection of the control
equipment as described in Sec.  63.11440(b)(1) within 60 days of the
compliance date and include the results of the inspection in the
Notification of Compliance Status.
    (b) You must demonstrate initial compliance with the applicable
management practices in Sec.  63.11438 by submitting the Notification
of Compliance Status within 120 calendar days after the applicable
compliance date specified in Sec.  63.11437.

Sec.  63.11440  What are the monitoring requirements for new and
existing sources?

    (a) For each kiln firing glazed ceramic ware, you must conduct a
daily check of the peak firing temperature. If the peak temperature
exceeds 1540 [deg]C (2800 [deg]F), you must take corrective action
according to your standard operating procedures.
    (b) For each existing, new, or reconstructed affected source with
an atomized glaze spray booth equipped with an APCD, you must
demonstrate compliance by conducting the monitoring activities in
paragraphs (b)(1) through (3) of this section:
    (1) Initial control device inspection. You must conduct an initial
inspection of each particulate matter (PM) control device according to
the requirements in paragraphs (b)(1)(i) or (ii) of this section. You
must conduct each inspection no later than 60 days after your
applicable compliance date for each installed control device which has
been operated within 60 days of the compliance date. For an installed
control device which has not been operated within 60 days of the
compliance date, you must conduct an initial inspection prior to
startup of the control device.
    (i) For each wet control system, you must verify the presence of
water flow to the control equipment. You must also visually inspect the
system ductwork and control equipment for leaks and inspect the
interior of the control equipment (if applicable) for structural
integrity and the condition of the control system. An initial
inspection of the internal components of a wet control system is not
required if an inspection has been performed within the past 12 months.
    (ii) For each baghouse, you must visually inspect the system
ductwork and baghouse unit for leaks. You must also inspect the inside
of each baghouse for structural integrity and fabric filter condition.
You must record the results of the inspection and any maintenance
action in the logbook required in paragraph (d) of this section. An
initial inspection of the internal components of a baghouse is not
required if an inspection has been performed within the past 12 months.
    (2) 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
(b)(2)(i) or (ii) of this section.
    (i) You must inspect and maintain each wet control system according
to the requirements in paragraphs (b)(2)(i)(A) through (C) of this
section.
    (A) You must conduct a daily inspection to verify the presence of
water flow to the wet control system.
    (B) You must conduct weekly visual inspections of the system
ductwork and control equipment for leaks.
    (C) You must conduct inspections of the interior of the wet control
system (if applicable) to determine the structural integrity and
condition of the control equipment every 12 months.
    (ii) You must inspect and maintain each baghouse according to the
requirements in paragraphs (b)(2)(ii)(A) and (B) of this section.
    (A) You must conduct weekly visual inspections of the system
ductwork for leaks.
    (B) You must conduct inspections of the interior of the baghouse
for structural integrity and to determine the condition of the fabric
filter every 12 months.
    (3) As an alternative to the monitoring activities in paragraph
(b)(2) of this section, you may demonstrate compliance by:
    (i) Conducting a daily 30-minute visible emissions (VE) test (i.e.,
no visible emissions) using EPA Method 22 (40 CFR part 60, appendix A-
7); or
    (ii) Using an approved alternative monitoring technique under Sec.
63.8(f).
    (c) If the results of the visual inspection, VE test, or
alternative monitoring technique conducted under paragraph (b) of this
section indicate an exceedance, you must take corrective action
according to the equipment manufacturer's specifications or
instructions.
    (d) You must maintain records of your monitoring activities
described in paragraphs (a) through (c) of this section. You may use
your existing operating permit documentation to meet the monitoring
requirements if it includes, but is not limited to, the

monitoring records listed in paragraphs (d)(1) through (5) of this
section related to any kiln peak temperature checks, visual
inspections, VE tests, or alternative monitoring:
    (1) The date, place, and time;
    (2) Person conducting the activity;
    (3) Technique or method used;
    (4) Operating conditions during the activity; and
    (5) Results.

Sec.  63.11441  What are the notification requirements?

    (a) You must submit an Initial Notification required by Sec.
63.9(a)(2) no later than 120 calendar days after the applicable
compliance date specified in Sec.  63.11437. The Initial Notification
must include the information specified in paragraphs (a)(1) through (4)
of this section and may be combined with the Notification of Compliance
Status required in paragraph (b) of this section.
    (1) The name and address of the owner or operator;
    (2) The address (i.e., physical location) of the affected source;
and
    (3) An identification of the relevant standard, or other
requirement, that is the basis of the notification and source's
compliance date.
    (b) You must submit a Notification of Compliance Status required by
Sec.  63.9(h) no later than 120 calendar days after the applicable
compliance date specified in Sec.  63.11437. In addition to the
information required in Sec.  63.9(h)(2), your notification(s) must
include each compliance certification in paragraphs (b)(1) through (3)
of this section that applies to you and may be combined with the
Initial Notification required in paragraph (a) of this section.
    (1) For each kiln firing glazed ceramic ware, you must certify that
you are maintaining the peak temperature below 1540[deg]C (2800[deg]F)
and complying with one of the management practices in paragraphs
(b)(2)(i) and (ii) of this section:
    (i) Using natural gas, or equivalent clean-burning fuel, as the
kiln fuel; or
    (ii) Using an electric-powered kiln.
    (2) For atomized glaze spray booths, you must certify that your
facility's annual wet glaze usage is above or below 227 Mg/yr (250
tpy).
    (3) For atomized glaze spray booths located at a clay ceramics
manufacturing facility that uses more than 227 Mg/yr (250 tpy) of wet
glaze(s), you must certify that:
    (i) You are operating and maintaining an APCD in accordance with
the equipment manufacturer's specifications, and you have conducted an
initial control device inspection for each wet control system and
baghouse associated with wet spray glaze operations; or
    (ii) Alternatively, you are using wet glazes containing less than
0.1 (weight) percent clay ceramics metal HAP.
    (4) For atomized glaze spray booths located at a clay ceramics
manufacturing facility that uses 227 Mg/yr (250 tpy) or less of wet
glaze(s), you must certify that:
    (i) You are employing waste minimization practices, as defined in
Sec.  63.11444; or
    (ii) You are complying with the requirements in Sec.
63.11441(b)(3)(i) or (ii).

Sec.  63.11442  What are the recordkeeping requirements?

    (a) You must keep the records specified in paragraphs (a)(1) and
(2) of this section.
    (1) A copy of each notification that you submitted to comply with
this subpart, including all documentation supporting any Initial
Notification or Notification of Compliance Status that you submitted,
according to the requirements in Sec.  63.10(b)(2)(xiv).
    (2) Records of all required measurements needed to document
compliance with management practices as required in Sec.
63.10(b)(2)(vii), including records of monitoring and inspection data
required by Sec. Sec.  63.11440.
    (b) Your records must be in a form suitable and readily available
for expeditious review, according to Sec.  63.10(b)(1).
    (c) As specified in Sec.  63.10(b)(1), you must keep each record
for 5 years following the date of each occurrence, measurement,
maintenance, corrective action, report, or record.
    (d) You must keep each record onsite for at least 2 years after the
date of each occurrence, measurement, maintenance, corrective action,
report, or record, according to Sec.  63.10(b)(1). You may keep the
records offsite for the remaining 3 years.

Other Requirements and Information

Sec.  63.11443  What General Provisions apply to this subpart?

    Table 1 to this subpart shows which parts of the General Provisions
in Sec. Sec.  63.1 through 63.16 apply to you.

Sec.  63.11444  What definitions apply to this subpart?

    Terms used in this subpart are defined in the Clean Air Act, in
Sec.  63.2, and in this section as follows:
    Air pollution control device (APCD) means any equipment that
reduces the quantity of a pollutant that is emitted to the air.
Examples of APCD currently used on glaze spray booths include, but are
not limited to, wet scrubbers, fabric filters, water curtains, and
water-wash systems.
    Atomization means the conversion of a liquid into a spray or mist
(i.e., collection of drops), often by passing the liquid through a
nozzle.
    Clay ceramics manufacturing facility means a plant site that
manufactures pressed tile, sanitaryware, dinnerware, or pottery. For
the purposes of this area source rule, the following types of
facilities are not part of the regulated category: artisan potters, art
studios, school and university ceramic arts programs, and any facility
that uses less than 45 Mg/yr (50 tpy) of wet clay.
    Clay ceramics metal HAP means an oxide or other compound of
chromium, lead, manganese, or nickel, which were listed for Clay
Ceramics Manufacturing in the Revised Area Source Category List (67 FR
70428, November 22, 2002).
    Glaze means a coating of colored, opaque, or transparent material
applied to ceramic products before firing.
    Glaze spray booth means a type of equipment used for spraying glaze
on ceramic products.
    High-volume, low-pressure (HVLP) spray equipment means a type of
air atomized spray equipment that operates at low atomizing air
pressure (0.1 to 10 pounds per square inch (psi) at the air nozzle) and
uses 15 to 30 cubic feet per minute (cfm) of air to minimize the amount
of overspray and bounce back.
    Kiln means equipment used for the initial curing or firing of glaze
on ceramic ware. A kiln may operate continuously or by batch.
    Nonatomizing glaze application technique means the application of
glaze in the form of a liquid stream without atomization. Such
techniques include, but are not limited to, dipping, centrifugal disc,
waterfall, flow coaters, curtain coaters, silk-screening, and any
direct application by roller, brush, pad, or other means facilitating
direct transfer of glaze.
    Plant site means all contiguous or adjoining property that is under
common control, including properties that are separated only by a road
or other public right-of-way. Common control includes properties that
are owned, leased, or operated by the same entity, parent entity,
subsidiary, or any combination thereof.
    Waste minimization practices mean those routine procedures employed
to minimize material losses and prevent unnecessary waste generation,
for example, minimizing glaze overspray emissions using HVLP spray
equipment (defined in this section) or similar spray equipment;
minimizing HAP emissions during cleanup of spray glazing

equipment; operating and maintaining spray glazing equipment according
to manufacturer's instructions; and minimizing spills through careful
handling of HAP-containing glaze materials.
    Water curtain means an APCD that draws the exhaust stream through a
continuous curtain of moving water to scrub out suspended particulate.
Also called a drip curtain or waterfall.
    Water-wash system means an APCD that uses a series of baffles to
redirect the upward exhaust stream through a water wash chamber with
downward water flow to scrub out suspended particulate.

Sec.  63.11445  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 your State, local, or tribal agency. If
the U.S. EPA Administrator has delegated authority to your State,
local, or tribal agency, then that agency has the authority to
implement and enforce this subpart. You should contact your U.S. EPA
Regional Office to find out if this subpart is delegated to your State,
local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this
subpart to a State, local, or tribal agency under 40 CFR part 63,
subpart E, the authorities contained in paragraph (c) of this section
are retained by the Administrator of the U.S. EPA and are not
transferred to the State, local, or tribal agency.
    (c) The authorities that will not be delegated to State, local, or
tribal agencies are listed in paragraphs (c)(1) through (4) of this
section.
    (1) Approval of alternatives to the applicability requirements in
Sec. Sec.  63.11435 and 63.11436, the compliance date requirements in
Sec.  63.11437, and the management practices in Sec.  63.11438.
    (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.

Sec. Sec.  63.11446-63.11447  [Reserved]

Tables to Subpart RRRRRR of Part 63

    As stated in Sec.  63.11443, you must comply with the requirements
of the NESHAP General Provisions (40 CFR part 63, subpart A) shown in
the following table:

     Table 1 to Subpart RRRRRR of Part 63.--Applicability of General
                      Provisions to Subpart RRRRRR
------------------------------------------------------------------------
                Citation                             Subject
------------------------------------------------------------------------
63.1(a)(1)-(a)(4), (a)(6), (a)(10)-      Applicability.
 (a)(12), (b)(1), (b)(3), (c)(1),
 (c)(2)\1\, (c)(5), (e).
63.2...................................  Definitions.
63.3...................................  Units and Abbreviations.
63.4...................................  Prohibited Activities and
                                          Circumvention.
63.6(a), (b)(1)-(b)(5), (b)(7), (c)(1),  Compliance with Standards and
 (c)(2), (c)(5), (e)(1), (f), (g), (i),   Maintenance Requirements.
 (j).
63.8(a)(1), (a)(2), (b), (c)(1)(i)-      Monitoring Requirements.
 (c)(1)(ii), (c)(2), (c)(3), (f).
63.9(a), (b)(1), (b)(2), (b)(5), (c),    Notification Requirements.
 (d), (h)(1)-(h)(3), (h)(5), (h)(6),
 (i), (j).
63.10(a), (b)(1), (b)(2)(vii),           Recordkeeping and Reporting
 (b)(2)(xiv), (b)(3), (c), (c)(1), (f).   Requirements.
63.12..................................  State Authority and
                                          Delegations.
63.13..................................  Addresses.
63.14..................................  Incorporations by Reference.
63.15..................................  Availability of Information and
                                          Confidentiality.
63.16..................................  Performance Track Provisions.
------------------------------------------------------------------------
\1\ Section 63.11435(b) of this subpart exempts area sources from the
  obligation to obtain title V operating permits.

    4. Part 63 is amended by adding subpart SSSSSS to read as follows:
Subpart SSSSSS--National Emission Standards for Hazardous Air
Pollutants for Glass Manufacturing Area Sources

Applicability and Compliance Dates

Sec.
63.11448 Am I subject to this subpart?
63.11449 What parts of my plant does this subpart cover?
63.11450 What are my compliance dates?

Standards, Compliance, and Monitoring Requirements

63.11451 What are the standards for new and existing sources?
63.11452 What are the performance test requirements for new and
existing sources?
63.11453 What are the initial compliance demonstration requirements
for new and existing sources?
63.11454 What are the monitoring requirements for new and existing
sources?
63.11455 What are the continuous compliance requirements for new and
existing sources?

Notifications and Records

63.11456 What are the notification requirements?
63.11457 What are the recordkeeping requirements?

Other Requirements and Information

63.11458 What General Provisions apply to this subpart?
63.11459 What definitions apply to this subpart?
63.11460 Who implements and enforces this subpart?
63.11461 [Reserved]

Tables to Subpart SSSSSS of Part 63

Table 1 to Subpart SSSSSS of Part 63--Emission Limits
Table 2 to Subpart SSSSSS of Part 63--Applicability of General
Provisions to Subpart SSSSSS

Subpart SSSSSS--National Emission Standards for Hazardous Air
Pollutants for Glass Manufacturing Area Sources

Applicability and Compliance Dates

Sec.  63.11448  Am I subject to this subpart?

    (a) You are subject to this subpart if you own or operate a glass
manufacturing facility that is an area source of hazardous air
pollutant (HAP) emissions and meets the criteria specified in
paragraphs (a)(1) through (3) of this section.
    (1) A glass manufacturing facility is a plant site that
manufactures flat glass, glass containers, or pressed and blown glass
by melting a mixture of raw materials, as defined in Sec.  63.11459, to
produce molten glass and forming the molten glass into sheets,
containers, or other shapes.
    (2) An area source of HAP emissions is any stationary source or
group of

stationary sources within a contiguous area under common control that
does not have the potential to emit any single HAP at a rate of 9.07
megagrams per year (Mg/yr) (10 tons per year (tpy)) or more and any
combination of HAP at a rate of 22.68 Mg/yr (25 tpy) or more.
    (3) Your glass manufacturing facility produces glass that contains
compounds of one or more glass manufacturing metal HAP, as defined in
Sec.  63.11459, as raw materials in a glass manufacturing batch
formulation.
    (b) [Reserved]

Sec.  63.11449  What parts of my plant does this subpart cover?

    (a) This subpart applies to each existing, new, or reconstructed
affected glass melting furnace that is located at a glass manufacturing
facility and satisfies the requirements specified in paragraphs (a)(1)
and (2) of this section.
    (1) The furnace is charged with compounds of one or more glass
manufacturing metal HAP as raw materials.
    (2) The furnace is used to produce glass at a rate of at least 45
Mg/yr (50 tpy).
    (b) An affected source is an existing source if you commenced
construction or reconstruction of the affected source before September
20, 2007.
    (c) An affected source is a new (or reconstructed) source if you
commenced construction (or reconstruction) of the affected source on or
after September 20, 2007.

Sec.  63.11450  What are my compliance dates?

    (a) If you have an existing affected source, you must comply with
the applicable emission limits specified in Sec.  63.11451 of this
subpart no later than 2 years after the date of publication of the
final rule in the Federal Register. As specified in section
112(i)(3)(B) of the Clean Air Act and in Sec.  63.6(i)(4)(i)(A), you
may request that the Administrator or delegated authority grant an
extension allowing up to 1 additional year to comply with the
applicable emission limits if such additional period is necessary for
the installation of emission controls.
    (b) If you have a new or reconstructed affected source, you must
comply with this subpart according to paragraphs (b)(1) and (2) of this
section.
    (1) If you start up your affected source on or before the date of
publication of the final rule in the Federal Register, you must comply
with the applicable emission limits specified in Sec.  63.11451 of this
subpart no later than the date of publication of the final rule in the
Federal Register.
    (2) If you start up your affected source after the date of
publication of the final rule in the Federal Register, you must comply
with the applicable emission limits specified in Sec.  63.11451 of this
subpart upon initial startup of your affected source.
    (c) If you own or operate a furnace that produces glass at an
annual rate of less than 45 Mg/yr (50 tpy), and you increase glass
production for that furnace to an annual rate of at least 45 Mg/yr (50
tpy), and the furnace is charged with compounds of one or more glass
manufacturing metal HAP, you must comply with the applicable emission
limits specified in Sec.  63.11451 within 2 years of the date on which
you increased the glass production rate for the furnace to at least 45
Mg/yr (50 tpy).
    (d) If you own or operate a furnace that produces glass at an
annual rate of at least 45 Mg/yr (50 tpy) and is not charged with glass
manufacturing metal HAP, and you begin production of a glass product
that includes one or more glass manufacturing metal HAP as raw
materials, you must comply with the applicable emission limits
specified in Sec.  63.11451 within 2 years of the date on which you
introduced production of the glass product that contains glass
manufacturing metal HAP.
    (e) You must meet the notification requirements in Sec.  63.11456
according to the schedule in Sec.  63.11456 and in 40 CFR part 63,
subpart A. Some of the notifications must be submitted before you are
required to comply with emission limits specified in this subpart.

Standards, Compliance, and Monitoring Requirements

Sec.  63.11451  What are the standards for new and existing sources?

    If you are an owner or operator of an affected furnace, as defined
in Sec.  63.11449(a), you must meet the applicable emission limits
specified in Table 1 to this subpart.

Sec.  63.11452  What are the performance test requirements for new and
existing sources?

    (a) If you own or operate an affected furnace that is subject to an
emission limit specified in Table 1 to this subpart, you must conduct a
performance test according to paragraphs (a)(1) and (2) and paragraph
(b) of this section.
    (1) For each affected furnace, you must conduct a performance test
within 180 days after your compliance date and report the results in
your Notification of Compliance Status, except as specified in
paragraph (a)(2) of this section.
    (2) You are not required to conduct a performance test on the
affected furnace if you satisfy the conditions described in paragraphs
(a)(2)(i) through (iii) of this section.
    (i) You conducted a performance test on the affected furnace within
the past 5 years of the compliance date using the same test methods and
procedures specified in paragraph (b) of this section.
    (ii) The performance test demonstrated that the affected furnace
met the applicable emission limits specified in Table 1 to this
subpart.
    (iii) 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 with the
applicable emission limit.
    (b) You must conduct each performance test according to the
requirements in Sec.  63.7 and paragraphs (b)(1) through (20) of this
section.
    (1) Install and validate all monitoring equipment required by this
subpart before conducting the performance test.
    (2) Conduct the performance test according to the requirements in
Sec.  63.7 and under the conditions specified in this section.
    (3) You may not conduct performance tests during periods of
startup, shutdown, or malfunction, as specified in Sec.  63.7(e)(1).
    (4) Conduct the test while the source is operating at the maximum
production rate.
    (5) Conduct at least three separate test runs with a minimum
duration of 1 hour for each test run, as specified in Sec.  63.7(e)(3).
    (6) Record the test date.
    (7) Identify the emission source tested.
    (8) Collect and record the emission test data listed in this
section for each run of the performance test.
    (9) Locate all sampling sites at the outlet of the control device
or at the stack prior to any releases to the atmosphere.
    (10) Select the locations of sampling ports and the number of
traverse points using Method 1 or 1A of 40 CFR part 60, appendix A-1.
    (11) Measure the gas velocity and volumetric flow rate using Method
2, 2A, 2C, 2F, or 2G of 40 CFR part 60, appendices A-1 and A-2, during
each test run.
    (12) Conduct gas molecular weight analysis using Methods 3, 3A, or
3B of 40 CFR part 60, appendix A-2, or ASME PTC 19.10-1981--Part 10,
during each test run.
    (13) Measure gas moisture content using Method 4 of 40 CFR part 60,
appendix A-3, during each test run.

    (14) Measure the particulate matter (PM) mass emission rate at the
outlet of the control device or at the stack using Method 5 or 17 of 40
CFR part 60, appendices A-3 or A-6, for each test run.
    (15) Calculate the PM mass emission rate in the exhaust stream for
each test run.
    (16) Measure and record the glass production rate (kilograms (tons)
per hour of product) for each test run.
    (17) To meet the PM emission limit, calculate the production-based
PM mass emission rate (g/kg (lbs/ton)) for each test run using Equation
1.
[GRAPHIC] [TIFF OMITTED] TP20SE07.001

Where:
MP = production-bass PM mass emission rate, grams of PM per kilogram
(pounds of PM per ton) of glass produced.
ER = PM mass emission rate measured using Methods 5 or 17 during
each performance test run, grams (pounds) per hour.
P = average glass production rate for the performance test,
kilograms (tons) of glass produced per hour.

    (18) Calculate the 3-hour block average production-based PM mass
emission rate as the average of the production-based PM mass emission
rates for each test run.
    (19) To meet the metal HAP emission limit, calculate the
production-based metal HAP mass emission rate (g/kg (lbs/ton)) for each
test run using Equation 2.
[GRAPHIC] [TIFF OMITTED] TP20SE07.002

Where:
MPM = production-bass metal HAP mass emission rate, grams of metal
HAP per kilogram (pounds of metal HAP per ton) of glass produced.
ERM = Metal HAP mass emission rate measured using Method 29 of 40
CFR part 60, appendix A-8 during each performance test run, grams
(pounds) per hour.
P = average glass production rate for the performance test,
kilograms (tons) of glass produced per hour.

    (20) Calculate the 3-hour block average production-based metal HAP
mass emission rate as the average of the production-based metal HAP
mass emission rates for each test run.

Sec.  63.11453  What are the initial compliance demonstration
requirements for new and existing sources?

    (a) If you own or operate an affected source, you must submit a
Notification of Compliance Status in accordance with Sec.  63.9(h) and
63.11456(b).
    (b) For each existing affected furnace that is subject to the
emission limits specified in Table 1 to this subpart, you must
demonstrate initial compliance according to the requirements in
paragraphs (b)(1) through (4) of this section.
    (1) For each fabric filter that is used to meet the emission limits
specified in Table 1 to this subpart, you must visually inspect the
system ductwork and fabric filter unit for leaks. You must also inspect
the inside of each fabric filter for structural integrity and fabric
filter condition. You must record the results of the inspection and any
maintenance action as required in Sec.  63.11457.
    (2) For each electrostatic precipitator (ESP) that is used to meet
the emission limits specified in Table 1 to this subpart, 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 ESP housing unit and
hopper for leaks and inspect the interior of the ESP to determine the
condition and integrity of corona wires, collection plates, hopper, and
air diffuser plates.
    (3) You must conduct each inspection specified in paragraphs (b)(1)
and (2) of this section no later than 60 days after your applicable
compliance date specified in Sec.  63.11450, except as specified in
paragraph (b)(3)(i) and (ii) of this section.
    (i) An initial inspection of the internal components of a fabric
filter is not required if an inspection has been performed within the
past 12 months.
    (ii) An initial inspection of the internal components of an ESP is
not required if an inspection has been performed within the past 24
months.
    (4) You must satisfy the applicable requirements for performance
tests specified in Sec.  63.11452.
    (c) For each new or reconstructed affected furnace that is subject
to the emission limits specified in Table 1 to this subpart and is
controlled with a fabric filter, you must install, operate, and
maintain a bag leak detection system according to paragraphs (c)(1)
through (3) of this section.
    (1) Each bag leak detection system must meet the specifications and
requirements in paragraphs (c)(1)(i) through (viii) of this section.
    (i) The bag leak detection system must be certified by the
manufacturer to be capable of detecting PM emissions at concentrations
of 1 milligram per dry standard cubic meter (0.00044 grains per actual
cubic foot) or less.
    (ii) The bag leak detection system sensor must provide output of
relative PM loadings. The owner or operator shall continuously record
the output from the bag leak detection system using electronic or other
means (e.g., using a strip chart recorder or a data logger).
    (iii) The bag leak detection system must be equipped with an alarm
system that will sound when the system detects an increase in relative
particulate loading over the alarm set point established according to
paragraph (c)(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 (c)(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 (c)(2) of this
section.
    (vii) You must install the bag leak detection sensor downstream of
the fabric filter.
    (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
(c)(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 (c)(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 (c)(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 fabric filter for air leaks, torn or broken bags
or filter media, or any other condition that may cause an increase in
PM 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 fabric filter 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 PM emissions.
    (d) For each new or reconstructed affected furnace that is subject
to the emission limits specified in Table 1 to this subpart and is
controlled with an ESP, you must install, operate, and maintain
according to the manufacturer's specifications, one or more continuous
parameter monitoring systems (CPMS) for measuring and recording the
secondary voltage and secondary electrical current to each field of the
ESP according to paragraphs (d)(1) through (13) of this section.
    (1) The CPMS must have an accuracy of 1 percent of the secondary
voltage and secondary electrical current, or better.
    (2) Your CPMS must be capable of measuring the secondary voltage
and secondary electrical current over a range that extends from a value
that is at least 20 percent less than the lowest value that you expect
your CPMS to measure, to a value that is at least 20 percent greater
than the highest value that you expect your CPMS to measure.
    (3) The signal conditioner, wiring, power supply, and data
acquisition and recording system of your CPMS must be compatible with
the output signal of the sensors used in your CPMS.
    (4) The data acquisition and recording system of your CPMS must be
able to record values over the entire range specified in paragraph
(d)(2) of this section.
    (5) The data recording system associated with your CPMS must have a
resolution of one-half of the required overall accuracy of your CPMS,
as specified in paragraph (d)(1) of this section, or better.
    (6) Your CPMS must be equipped with an alarm system that will sound
when the system detects a decrease in secondary voltage or secondary
electrical current below the alarm set point established according to
paragraph (d)(7) of this section, and the alarm must be located such
that it can be heard by the appropriate plant personnel.
    (7) In the initial adjustment of the CPMS, 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.
    (8) You must install each sensor of the CPMS in a location that
provides representative measurement of the appropriate parameter over
all operating conditions, taking into account the manufacturer's
guidelines.
    (9) You must perform an initial calibration of your CPMS based on
the procedures specified in the manufacturer's owner's manual.
    (10) Your CPMS must be designed to complete a minimum of one cycle
of operation for each successive 15-minute period. To have a valid hour
of data, you must have at least three of four equally-spaced data
values (or at least 75 percent of the total number of values if you
collect more than four data values per hour) for that hour (not
including startup, shutdown, malfunction, or out of control periods).
    (11) You must record valid data from at least 90 percent of the
hours during which the affected source or process operates.
    (12) You must record the results of each inspection, calibration,
initial validation, and accuracy audit.
    (13) At all times, you must maintain your CPMS including, but not
limited to, maintaining necessary parts for routine repairs of the
CPMS.
    (e) For each new or reconstructed affected furnace that is subject
to the emission limits specified in Table 1 to this subpart and is
controlled a device other than a fabric filter or an ESP, you must
prepare and submit a monitoring plan to EPA or the delegated authority
for approval. Each plan must contain the information in paragraphs
(e)(1) through (5) of this section.
    (1) A description of the device;
    (2) Test results collected in accordance with Sec.  63.11452
verifying the performance of the device for reducing PM to the levels
required by this subpart;
    (3) Operation and maintenance plan for the control device
(including a preventative maintenance schedule consistent with the
manufacturer's instructions for routine and long-term maintenance) and
continuous monitoring system;
    (4) A list of operating parameters that will be monitored to
maintain continuous compliance with the applicable emission limits; and
    (5) Operating parameter limits based on monitoring data collected
during the performance test.

Sec.  63.11454  What are the monitoring requirements for new and
existing sources?

    (a) For each monitoring system required by this subpart, you must
install, calibrate, operate, and maintain the monitoring system
according to the manufacturer's specifications and the requirements
specified in paragraphs (a)(1) through (6) of this section.
    (1) You must install each sensor of your monitoring system in a
location that provides representative measurement of the appropriate
parameter over all operating conditions, taking into account the
manufacturer's guidelines.
    (2) You must perform an initial calibration of your monitoring
system based on the manufacturer's recommendations.
    (3) You must use a monitoring system that is designed to complete a
minimum of one cycle of operation for each successive 15-minute period.
    (4) For each existing affected furnace, you must record the value
of the monitored parameter at least every 8 hours. The value can be
recorded electronically or manually.
    (5) You must record the results of each inspection, calibration,
monitoring system maintenance, and corrective action taken to return
the monitoring system to normal operation.
    (6) At all times, you must maintain your monitoring system
including, but not limited to, maintaining necessary parts for routine
repairs of the system.

    (b) For each existing furnace that subject to the emission limits
specified in Table 1 to this subpart and is controlled with an ESP, you
must meet the requirements specified in paragraphs (b)(1) or (2) of
this section.
    (1) You must monitor the secondary voltage and secondary electrical
current to each field of the ESP according to the requirements of this
section, or
    (2) You must submit a request for alternative monitoring, as
described in paragraph (g) of this section.
    (c) For each existing furnace that is subject to the emission
limits specified in Table 1 to this subpart and is controlled with a
fabric filter, you must meet the requirements specified in paragraphs
(c)(1) or (2) of this section.
    (1) You must monitor the inlet temperature to the fabric filter
according to the requirements of this section, or
    (2) You must submit a request for alternative monitoring, as
described in paragraph (g) of this section.
    (d) For each new or reconstructed furnace that is subject to the
emission limits specified in Table 1 to this subpart and is controlled
with an ESP, you must monitor the voltage and electrical current to
each field of the ESP on a continuous basis using one or more CPMS
according to the requirements for CPMS specified in Sec.  63.11453(d).
    (e) For each new or reconstructed furnace that is subject to the
emission limits specified in Table 1 to this subpart and is controlled
with a fabric filter, you must install and operate a bag leak detection
system according to the requirements for CPMS specified in Sec.
63.11453(c).
    (f) For each new, reconstructed, or existing furnace that is
subject to the emission limits specified in Table 1 to this subpart and
is equipped with a control device other than an ESP or fabric filter,
you must meet the requirements in Sec.  63.8(f) and paragraph (f)(1) of
this section.
    (1) Submit a request for approval of alternative monitoring methods
to the Administrator no later than the submittal date for the
Notification of Compliance Status, as specified in Sec.  63.11456(b).
The request must contain the information specified in paragraphs
(f)(1)(i) through (v) of this section.
    (i) Description of the alternative add-on air pollution control
device (APCD).
    (ii) Type of monitoring device or method that will be used,
including the sensor type, location, inspection procedures, quality
assurance and quality control (QA/QC) measures, and data recording
device.
    (iii) Operating parameters that will be monitored.
    (iv) Frequency that the operating parameter values will be measured
and recorded.
    (v) Procedures for inspecting the condition and operation of the
control device and monitoring system.
    (g) If you wish to use a monitoring method other than those
specified in paragraphs (b)(1) or (c)(1) of this section, you must meet
the requirements in Sec.  63.8(f) and paragraph (g)(1) of this section.
    (1) Submit a request for approval of alternative monitoring methods
to the Administrator no later than the submittal date for the
Notification of Compliance Status, as specified in Sec.  63.11456(b).
The request must contain the information specified in paragraphs
(g)(1)(i) through (v) of this section.
    (i) Type of monitoring device or method that will be used,
including the sensor type, location, inspection procedures, QA/QC
measures, and data recording device.
    (ii) Operating parameters that will be monitored.
    (iii) Frequency that the operating parameter values will be
measured and recorded.
    (v) Procedures for inspecting the condition and operation of the
monitoring system.
    (vi) Explanation for how the alternative monitoring method will
provide assurance that the emission control device is operating
properly.
    (2) [Reserved]

Sec.  63.11455  What are the continuous compliance requirements for new
and existing sources?

    (a) You must be in compliance with the applicable emission limits
and work practices in this subpart at all times, except during periods
of startup, shutdown, and malfunction.
    (b) You must always operate and maintain your affected source,
including air pollution control and monitoring equipment, according to
the provisions in Sec.  63.6(e)(1)(i).
    (c) For each affected furnace that is subject to the emission
limits specified in Table 1 to this subpart, you must monitor the
performance of the furnace emission control device according to the
requirements in Sec. Sec.  63.6(e)(1) and 63.8(c) and paragraphs (c)(1)
through (4) of this section.
    (1) For each affected furnace that is controlled with an ESP, you
must monitor the parameters specified in Sec.  63.11454(b) in
accordance with the requirements of Sec.  63.11454(a) or as specified
in your approved alternative monitoring plan.
    (2) For each affected furnace that is controlled with a fabric
filter, you must monitor the parameter specified in Sec.  63.11454(c)
in accordance with the requirements of Sec.  63.11454(a) or as
specified in your approved alternative monitoring plan.
    (3) For each affected furnace that is controlled with a device
other than a fabric filter or ESP, you must comply with the
requirements of your approved alternative monitoring plan, as required
in Sec.  63.11454(g).
    (4) For each monitoring system that is required under this subpart,
you must keep the records specified in Sec.  63.11457.
    (d) Following the initial inspections, you must perform periodic
inspections and maintenance of each affected furnace control device
according to the requirements in paragraphs (d)(1) through (4) of this
section.
    (1) For each fabric filter, you must conduct inspections at least
every 12 months according to paragraphs (d)(1)(i) through (iii) of this
section.
    (i) You must inspect the ductwork and fabric filter unit for
leakage.
    (ii) You must inspect the interior of the fabric filter for
structural integrity and to determine the condition of the fabric
filter.
    (iii) If an initial inspection is not required, as specified in
Sec.  63.11453(b)(3)(i), the first inspection must not be more than 12
months from the last inspection.
    (2) For each ESP, you must conduct inspections according to the
requirements in paragraphs (d)(2)(i) through (iii) of this section.
    (i) You must conduct visual inspections of the system ductwork,
housing unit, and hopper for leaks at least every 12 months.
    (ii) You must conduct inspections of the interior of the ESP to
determine the condition and integrity of corona wires, collection
plates, plate rappers, hopper, and air diffuser plates every 24 months.
    (iii) If an initial inspection is not required, as specified in
Sec.  63.11453(b)(3)(ii), the first inspection must not be more than 24
months from the last inspection.
    (3) You must record the results of each periodic inspection
specified in this section in a logbook (written or electronic format),
as specified in Sec.  63.11457.
    (4) If the results of a required inspection indicate a problem with
the operation of the emission control system, you must take immediate
corrective action to return the control device to normal operation
according to the equipment manufacturer's specifications or
instructions.

Notifications and Records

Sec.  63.11456  What are the notification requirements?

    (a) If you own or operate an affected furnace, as defined in Sec.
63.11449(a), you must submit an Initial Notification in accordance with
Sec.  63.9(b) and paragraphs (a)(1) through (3) of this section by the
dates specified.
    (1) As specified in Sec.  63.9(b)(2) and (3), if you start up your
affected source before the date of publication of the final rule in the
Federal Register, you must submit an Initial Notification not later
than 120 calendar days after the date of publication of the final rule
in the Federal Register.
    (2) The Initial Notification must include the information specified
in Sec.  63.9(b)(2)(i) to (iv).
    (3) As specified in Sec.  63.9(b)(3), if you start up your new or
reconstructed affected source on or after the date of publication of
the final rule in the Federal Register, you must submit an Initial
Notification not later than 120 calendar days after you become subject
to this subpart.
    (b) You must submit a Notification of Compliance Status in
accordance with Sec.  63.9(h) and the requirements in paragraphs (b)(1)
and (2) of this section.
    (1) If you own or operate an affected furnace and are required to
conduct a performance test, you must submit a Notification of
Compliance Status, including the performance test results, before the
close of business on the 60th calendar day following the completion of
the performance test, according to Sec.  60.8 or Sec.  63.10(d)(2).
    (2) If you own or operate an affected furnace and satisfy the
conditions specified in Sec.  63.11452(a)(2) and are not required to
conduct a performance test, you submit a Notification of Compliance
Status, including the results of the previous performance test, before
the close of business on the compliance date specified in Sec.
63.11450, according to Sec.  63.10(d)(2).

Sec.  63.11457  What are the recordkeeping requirements?

    (a) You must keep the records specified in paragraphs (a)(1)
through (9) of this section.
    (1) A copy of any Initial Notification and Notification of
Compliance Status that you submitted and all documentation supporting
those notifications, according to the requirements in Sec.
63.10(b)(2)(xiv).
    (2) The records in Sec.  63.6(e)(3)(iii) through (v) related to
startup, shutdown, and malfunction.
    (3) The records specified in Sec.  63.10(b)(2) and (c)(1) through
(13).
    (4) The records required to show continuous compliance with each
emission limit that applies to you, as specified in Sec.  63.11455.
    (5) For each affected source, records of production rate on a
process throughput basis (either feed rate to the process unit or
discharge rate from the process unit).
    (i) The production data must include the amount (weight or weight
percent) of each ingredient in the batch formulation, including all
glass manufacturing metal HAP compounds.
    (ii) [Reserved]
    (6) Records of maintenance activities and inspections performed on
control devices as specified in Sec. Sec.  63.11453(b) and 63.11455(d),
according to paragraphs (a)(6)(i) through (v) of this section.
    (i) The date, place, and time of inspections of control device
ductwork, interior, and operation.
    (ii) Person conducting the inspection.
    (iii) Technique or method used to conduct the inspection.
    (iv) Control device operating conditions during the time of the
inspection.
    (v) Results of the inspection and description of any corrective
action taken.
    (7) Records of all required monitoring data and supporting
information including all calibration and maintenance records.
    (8) For each bag leak detection system, the records specified in
paragraphs (a)(8)(i) through (iii) of this section.
    (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.
    (9) Records of any approved alternative monitoring method(s) or
test procedure(s).
    (b) Your records must be in a form suitable and readily available
for expeditious review, according to Sec.  63.10(b)(1).
    (c) 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.
    (d) As specified in Sec.  63.10(b)(1), you must keep each record
for a minimum of 5 years following the date of each occurrence,
measurement, maintenance, corrective action, report, or record.
    You must keep each record onsite for at least 2 years after the
date of each occurrence, measurement, maintenance, corrective action,
report, or record, according to Sec.  63.10(b)(1). You may keep the
records offsite for the remaining 3 years.

Other Requirements and Information

Sec.  63.11458  What General Provisions apply to this subpart?

    You must satisfy the requirements of the General Provisions in 40
CFR part 63, subpart A, as specified in Table 2 to this subpart.

Sec.  63.11459  What definitions apply to this subpart?

    Terms used in this subpart are defined in the Clean Air Act, in
Sec.  63.2, and in this section as follows:
    Air pollution control device (APCD) means any equipment that
reduces the quantity of a pollutant that is emitted to the air.
    Cullet means recycled glass that is mixed with raw materials and
charged to a glass melting furnace to produce glass.
    Electrostatic precipitator (ESP) means an APCD that removes PM from
an exhaust gas stream by applying an electrical charge to particles in
the gas stream and collecting the charged particles on plates carrying
the opposite electrical charge.
    Fabric filter means an APCD used to capture PM by filtering a gas
stream through filter media.
    Glass manufacturing metal HAP means an oxide or other compound of
any of the following metals included in the list of urban HAP for the
Integrated Urban Air Toxics Strategy and for which Glass Manufacturing
was listed as an area source category: arsenic, cadmium, chromium,
lead, manganese, and nickel.
    Glass melting furnace means a unit comprising a refractory-lined
vessel in which raw materials are charged, melted at high temperature,
refined, and conditioned to produce molten glass. The unit includes
foundations, superstructure and retaining walls, raw material charging
system, heat exchangers, melter cooling system, exhaust system,
refractory brick work, fuel supply and electrical boosting equipment,
integral control systems and instrumentation, and appendages for
conditioning and transferring molten glass to forming apparatuses.

    Particulate matter (PM) means, for purposes of this subpart,
emissions of PM that serve as a measure of total particulate emissions,
as measured by Methods 5 or 17 (40 CFR part 60, appendices A-3 and A-
6), and as a surrogate for glass manufacturing metal HAP compounds
contained in the PM including, but not limited to, arsenic, cadmium,
chromium, lead, manganese, and nickel.
    Plant site means all contiguous or adjoining property that is under
common control, including properties that are separated only by a road
or other public right-of-way. Common control includes properties that
are owned, leased, or operated by the same entity, parent entity,
subsidiary, or any combination thereof.
    Raw material means minerals, such as silica sand, limestone, and
dolomite; inorganic chemical compounds, such as soda ash (sodium
carbonate), salt cake (sodium sulfate), and potash (potassium
carbonate); metal oxides and other metal-based compounds, such as lead
oxide, chromium oxide, and sodium antimonate; metal ores, such as
chromite and pyrolusite; and other substances that are intentionally
added to a glass manufacturing batch and melted in a glass melting
furnace to produce glass. Metals that are naturally-occurring trace
constituents or contaminants of other substances are not considered to
be raw materials.

Sec.  63.11460  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by us, the U.S.
EPA, or a delegated authority such as your State, local, or tribal
agency. If the U.S. EPA Administrator has delegated authority to your
State, local, or tribal agency, then that agency has the authority to
implement and enforce this subpart. You should contact your U.S. EPA
Regional Office to find out if this subpart is delegated to your State,
local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this
subpart to a State, local, or tribal agency under 40 CFR part 63,
subpart E, the authorities contained in paragraph (c) of this section
are retained by the Administrator of the U.S. EPA and are not
transferred to the State, local, or tribal agency.
    (c) The authorities that will not be delegated to State, local, or
tribal agencies are listed in paragraphs (c)(1) through (3) of this
section.
    (1) Approval of alternatives to the applicability requirements in
Sec. Sec.  63.11448 and 63.11449, the compliance date requirements in
Sec.  63.11450, and the emission limits specified in Sec.  63.11451.
    (2) Approval of major alternatives to monitoring under Sec.
63.8(f) and as defined in Sec.  63.90.
    (3) Approval of major alternatives to recordkeeping under Sec.
63.10(f) and as defined in Sec.  63.90.

Sec.  63.11461  [Reserved]

Tables to Subpart SSSSSS of Part 63

    As required in Sec.  63.11451, you must comply with each emission
limit that applies to you according to the following table:

         Table 1 to Subpart SSSSSS of Part 63.--Emission Limits
------------------------------------------------------------------------
                                           You must meet the following
             For each . . .                   emission limits . . .
------------------------------------------------------------------------
1. New or existing glass melting         a. The 3-hour block average
 furnace that produces glass at an        production-based PM mass
 annual rate of at least 45 Mg/yr (50     emission rate must not exceed
 tpy) AND is charged with compounds of    0.2 pounds per ton (lb/ton) of
 arsenic, cadmium, chromium, manganese,   glass produced; OR
 lead, or nickel as raw materials.       b. The 3-hour block average
                                          production-based metal HAP
                                          mass emission rate must not
                                          exceed 0.02 lb/ton of glass
                                          produced.
------------------------------------------------------------------------

    As stated in Sec.  63.11458, you must comply with the requirements
of the NESHAP General Provisions (40 CFR part 63, subpart A), as shown
in the following table:

     Table 2 to Subpart SSSSSS of Part 63.--Applicability of General
                      Provisions to Subpart SSSSSS
------------------------------------------------------------------------
                Citation                             Subject
------------------------------------------------------------------------
Sec.   63.1(a), (b), (c)(1), (c)(2),     Applicability.
 (c)(5), (e).
Sec.   63.2............................  Definitions.
Sec.   63.3............................  Units and Abbreviations.
Sec.   63.4............................  Prohibited Activities.
Sec.   63.5............................  Construction/Reconstruction.
Sec.   63.6(a), (b)(1)-(b)(5), (b)(7),   Compliance with Standards and
 (c)(1), (c)(2), (c)(5), (e)-(j).         Maintenance Requirements.
Sec.   63.7............................  Performance Testing
                                          Requirements.
Sec.   63.8(a)(1), (a)(2), (b), (c)(1)-  Monitoring Requirements.
 (c)(4), (c)(7)(i)(B), (c)(7)(ii),
 (c)(8), (d), (e)(1), (e)(4), (f).
Sec.   63.9(a), (b)(1)(i)-(b)(2)(v),     Notification Requirements.
 (b)(5), (c), (d), (h)-(j).
Sec.   63.10(a), (b)(1), (b)(2)(i)-      Recordkeeping and Reporting
 (b)(2)(xii).                             Requirements.
Sec.   63.10(b)(2)(xiv), (c), (f)......  Documentation for Initial
                                          Notification and Notification
                                          of Compliance Status.
Sec.   63.12...........................  State Authority and
                                          Delegations.
Sec.   63.13...........................  Addresses.
Sec.   63.14...........................  Incorporation by Reference.
Sec.   63.15...........................  Availability of Information.
Sec.   63.16...........................  Performance Track Provisions.
------------------------------------------------------------------------

    5. Part 63 is amended by adding subpart TTTTTT to read as follows:
Subpart TTTTTT--National Emission Standards for Hazardous Air
Pollutants for Secondary Nonferrous Metals Processing Area Sources

Applicability and Compliance Dates

Sec.
63.11462 Am I subject to this subpart?
63.11463 What parts of my plant does this subpart cover?
63.11464 What are my compliance dates?

Standards, Compliance, and Monitoring Requirements

63.11465 What are the standards for new and existing sources?
63.11466 What are the performance test requirements for new and
existing sources?
63.11467 What are the initial compliance demonstration requirements
for new and existing sources?
63.11468 What are the monitoring requirements for new and existing
sources?
63.11469 What are the notification requirements?
63.11470 What are the recordkeeping requirements?

Other Requirements and Information

63.11471 What General Provisions apply to this subpart?
63.11472 What definitions apply to this subpart?
63.11473 Who implements and enforces this subpart?
63.11474 [Reserved]

Tables to Subpart TTTTTT of Part 63

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

Subpart TTTTTT--National Emission Standards for Hazardous Air
Pollutants for Secondary Nonferrous Metals Processing Area Sources

Applicability and Compliance Dates

Sec.  63.11462  Am I subject to this subpart?

    (a) You are subject to this subpart if you own or operate a
secondary nonferrous metals processing facility (as defined in Sec.
63.11472) that is an area source of hazardous air pollutant (HAP)
emissions.
    (b) If you are an owner or operator of an area source subject to
this subpart, you are exempt from the obligation to obtain a permit
under 40 CFR part 70 or 71, provided you are not required to obtain a
permit under 40 CFR 70.3(a) or 71.3(a) for a reason other than your
status as an area source under this subpart. Notwithstanding the
previous sentence, you must continue to comply with the provisions of
this subpart applicable to area sources.

Sec.  63.11463  What parts of my plant does this subpart cover?

    (a) This subpart applies to any existing, new, or reconstructed
affected source located at a secondary nonferrous metals processing
facility.
    (b) The affected source includes all crushing and screening
operations at a secondary zinc processing facility and all furnace
melting operations located at any secondary nonferrous metals
processing facilities.
    (c) An affected source is existing if you commenced construction or
reconstruction of the affected source before September 20, 2007.
    (d) An affected source is new if you commenced construction or
reconstruction of the affected source on or after September 20, 2007.

Sec.  63.11464  What are my compliance dates?

    (a) If you have an existing affected source, you must comply with
the standards no later than the date of publication of the final rule
in the Federal Register.
    (b) If you have a new or reconstructed affected source, you must
comply with this subpart according to paragraphs (b)(1) and (b)(2) of
this section.
    (1) If you start up your affected source on or before the date of
publication of the final rule in the Federal Register, you must comply
with this subpart no later than the date of publication of the final
rule in the Federal Register.
    (2) If you start up your affected source after the date of
publication of the final rule in the Federal Register, you must comply
with this subpart upon initial startup of your affected source.

Standards, Compliance, and Monitoring Requirements

Sec.  63.11465  What are the standards for new and existing sources?

    (a) You must route the emissions from each existing affected source
through a fabric filter or baghouse that achieves a PM control
efficiency of at least 99.0 percent.
    (b) You must route the emissions from each new affected source
through a fabric filter or baghouse that achieves a PM control
efficiency of at least 99.5 percent.

Sec.  63.11466  What are the performance test requirements for new and
existing sources?

    (a) Except as specified in paragraph (b) of this section, if you
own or operate an existing or new affected source, you must conduct a
performance test for each affected source within 180 days of your
compliance date and report the results in your notification of
compliance status.
    (b) If you own or operate an existing affected source, you are not
required to conduct a performance test if a prior performance test was
conducted within the past 5 years of the compliance date using the same
methods specified in paragraph (c) of this section and you meet either
of the following two conditions:
    (1) No process changes have been made since the test; or
    (2) You demonstrate that the results of the performance test, with
or without adjustments, reliably demonstrates compliance despite
process changes.
    (c) Test methods. You must conduct each performance test according
to the requirements in Sec.  63.7 and paragraphs (c)(1) and (2) of this
section.
    (1) Determine the concentration of PM according to the following
test methods in 40 CFR part 60, appendices:
    (i) Method 1 or 1A (Appendix A-1) 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 (Appendices A-1 and A-2) to
determine the volumetric flow rate of the stack gas.
    (iii) Method 3, 3A, 3B(Appendix A-2), or ANSI/ASME PTC 19.10-1981,
``Flue and Exhaust Gas Analyses (incorporated by reference--see Sec.
63.14) to determine the dry molecular weight of the stack gas.
    (iv) Method 4 (Appendix A-3) to determine the moisture content of
the stack gas.
    (v) Method 5 or 5D (Appendix A-3) to determine the concentration of
particulate matter (front half filterable catch only). Three valid test
runs are needed to comprise a performance test.
    (2) During the test, you must operate each emissions source within
10 percent of its normal process rate. You must monitor and
record the process rate during the test.

Sec.  63.11467  What are the initial compliance demonstration
requirements for new and existing sources?

    (a) You must demonstrate initial compliance with the applicable
standards in Sec.  63.11465 by submitting a Notification of Compliance
Status in accordance with Sec.  63.11469(b).
    (b) You must conduct the inspection specified in paragraph (c) of
this section and include the results of the inspection in the
Notification of Compliance Status.
    (c) For each existing and new affected source, you must conduct an
initial inspection of each baghouse. You must visually inspect the
system ductwork and baghouse unit for leaks. Except as

specified in paragraph (e) of this section, 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 as required in Sec.  63.11470.
    (d) For each installed baghouse that is in operation during the 60
days after the applicable compliance date, you must conduct the
inspection specified in paragraph (c) of this section no later than 60
days after your applicable compliance date. For an installed baghouse
that is not in operation during the 60 days after the applicable
compliance date, you must conduct an initial inspection prior to
startup of the baghouse.
    (e) An initial inspection of the internal components of a baghouse
is not required if an inspection has been performed within the past 12
months.
    (f) You must submit the Notification of Compliance Status within
120 calendar days after the applicable compliance date specified in
Sec.  63.11464.

Sec.  63.11468  What are the monitoring requirements for new and
existing sources?

    (a) For an existing affected source, you must demonstrate
compliance by conducting the monitoring activities in paragraph (a)(1)
or (a)(2) of this section:
    (1) Periodic inspections/maintenance. You must perform periodic
inspections and maintenance of each baghouse according to the
requirements in paragraphs (a)(1)(i) and (ii) of this section.
    (i) You must conduct weekly visual inspections of the system
ductwork for leaks.
    (ii) You must conduct inspections of the interior of the baghouse
for structural integrity and to determine the condition of the fabric
filter every 12 months.
    (2) As an alternative to the monitoring requirements in paragraph
(a)(1) of this section, you may demonstrate compliance by conducting a
daily 30-minute visible emissions (VE) test (i.e., no visible
emissions) using EPA Method 22 (40 CFR part 60, appendix A-7).
    (b) If the results of the visual inspection or VE test conducted
under paragraph (a) of this section indicate a problem with the
operation of the baghouse, including but not limited to air leaks, torn
or broken bags or filter media, or any other condition that may cause
an increase in PM emissions, you must take immediate corrective action
to return the baghouse to normal operation according to the equipment
manufacturer's specifications or instructions and record the corrective
action taken.
    (c) For each new affected source, you must install, operate, and
maintain a bag leak detection system according to paragraphs (c)(1)
through (3) of this section.
    (1) Each bag leak detection system must meet the specifications and
requirements in paragraphs (c)(1)(i) through (viii) of this section.
    (i) The bag leak detection system must be certified by the
manufacturer to be capable of detecting PM emissions at concentrations
of 1 milligram per dry standard cubic meter (0.00044 grains per actual
cubic foot) or less.
    (ii) The bag leak detection system sensor must provide output of
relative PM loadings. The owner or operator shall continuously record
the output from the bag leak detection system using electronic or other
means (e.g., using a strip chart recorder or a data logger).
    (iii) The bag leak detection system must be equipped with an alarm
system that will sound when the system detects an increase in relative
particulate loading over the alarm set point established according to
paragraph (c)(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 (c)(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 (c)(2) of this
section.
    (vii) You must install the bag leak detection sensor downstream of
the fabric filter.
    (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
(c)(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 (c)(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 (c)(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 fabric filter for air leaks, torn or broken bags
or filter media, or any other condition that may cause an increase in
PM 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 fabric filter 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 PM emissions.

Sec.  63.11469  What are the notification requirements?

    (a) You must submit the Initial Notification required by Sec.
63.9(a)(2) no later than 120 calendar days after the applicable
compliance date specified in Sec.  63.11464. The Initial Notification
must

include the information specified in paragraphs (a)(1) through (3) of
this section and may be combined with the Notification of Compliance
Status required in Sec.  63.11467 and paragraph (b) of this section.
    (1) The name and address of the owner or operator;
    (2) The address (i.e., physical location) of the affected source;
and
    (3) An identification of the relevant standard, or other
requirement, that is the basis of the notification and source's
compliance date.
    (b) You must submit a Notification of Compliance Status required by
Sec.  63.9(h) no later than 120 days after the applicable compliance
date specified in Sec.  63.11464. In addition to the information
required in Sec.  63.9(h)(2)and Sec.  63.11367, your notification must
include the following certification(s) of compliance, as applicable,
and signed by a responsible official:
    (1) This certification of compliance by the owner or operator of an
existing affected source who is relying on a previous performance test:
``This facility complies with the control efficiency requirement in
Sec.  63.11465 based on a previous performance test in accordance with
Sec.  63.11466.''
    (2) This certification of compliance by the owner or operator of
any new or existing affected source: ``This facility has conducted an
initial inspection of each control device according to the requirements
in Sec.  63.11467, will conduct periodic inspections and maintenance of
control devices in accordance with Sec.  63.11468, and will maintain
records of each inspection and maintenance action required by Sec.
63.11470.''
    (3) This certification of compliance by the owner or operator of a
new affected source: ``This facility has an approved bag leak detection
system monitoring plan in accordance with Sec.  63.11468(c)(2).''

Sec.  63.11470  What are the recordkeeping requirements?

    (a) You must keep the records specified in paragraphs (a)(1) and
(2) of this section.
    (1) As required in Sec.  63.10(b)(2)(xiv), you must keep a copy of
each notification that you submitted to comply with this subpart and
all documentation supporting any Initial Notification or Notification
of Compliance Status that you submitted.
    (2) You must keep the records of all inspection and monitoring data
required by Sec.  63.11467 and Sec.  63.11468, and the information
identified in paragraphs (a)(2)(i) through (a)(2)(v) for each required
inspection or monitoring.
    (i) The date, place, and time;
    (ii) Person conducting the activity;
    (iii) Technique or method used;
    (iv) Operating conditions during the activity; and
    (v) Results.
    (b) Your records must be in a form suitable and readily available
for expeditious review, according to Sec.  63.10(b)(1).
    (c) As specified in Sec.  63.10(b)(1), you must keep each record
for 5 years following the date of each recorded action.
    (d) You must keep each record onsite for at least 2 years after the
date of each recorded action according to Sec.  63.10(b)(1). You may
keep the records offsite for the remaining 3 years.

Other Requirements and Information

Sec.  63.11471  What General Provisions apply to this subpart?

    Table 1 to this subpart shows which parts of the General Provisions
in Sec. Sec.  63.1 through 63.16 apply to you.

Sec.  63.11472  What definitions apply to this subpart?

    Terms used in this subpart are defined in the Clean Air Act, in
Sec.  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.
    Furnace melting operation means the collection of processes used to
charge post-consumer nonferrous scrap material to a furnace, melt the
material, and transfer the molten material to a forming medium.
    Secondary nonferrous metals processing facility means a brass and
bronze ingot making, secondary magnesium processing, or secondary zinc
processing plant that uses furnace melting operations to melt post-
consumer nonferrous metal scrap to make products including bars,
ingots, and blocks, or metal powders.

Sec.  63.11473  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 your State, local, or tribal agency. If
the U.S. EPA Administrator has delegated authority to your State,
local, or tribal agency, then that agency has the authority to
implement and enforce this subpart. You should contact your U.S. EPA
Regional Office to find out if this subpart is delegated to your State,
local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this
subpart to a State, local, or tribal agency under 40 CFR part 63,
subpart E, the authorities contained in paragraph (c) of this section
are retained by the Administrator of the U.S. EPA and are not
transferred to the State, local, or tribal agency.
    (c) The authorities that will not be delegated to State, local, or
tribal agencies are listed in paragraphs (c)(1) through (4) of this
section.
    (1) Approval of alternatives to the applicability requirements in
Sec.  63.11462 and 63.11463, the compliance date requirements in Sec.
63.11464, and the applicable standards in Sec.  63.11465.
    (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.

Sec.  63.11474  [Reserved]

Tables to Subpart TTTTTT of Part 63

    As stated in Sec.  63.11470, you must comply with the requirements
of the NESHAP General Provisions (40 CFR part 63, subpart A) shown in
the following table:

     Table 1 to Subpart TTTTTT of Part 63.--Applicability of General
                      Provisions to Subpart TTTTTT
------------------------------------------------------------------------
                Citation                             Subject
------------------------------------------------------------------------
63.1(a)(1)-(a)(4), (a)(6), (a)(10)-      Applicability.
 (a)(12), (b)(1), (b)(3), (c)(1) \1\,
 (c)(2), (c)(5), (e).
63.2...................................  Definitions.

63.3...................................  Units and Abbreviations.
63.4...................................  Prohibited Activities and
                                          Circumvention.
63.6(a), (b)(1)-(b)(5), (b)(7), (c)(1),  Compliance with Standards and
 (c)(2), (c)(5), (e)(1), (f), (g), (i),   Maintenance Requirements.
 (j).
63.8(a)(1), (a)(2), (b), (c)(1)(i)-      Monitoring Requirements.
 (c)(1)(ii), (c)(2), (c)(3), (f).
63.9(a), (b)(1), (b)(2), (b)(5), (c),    Notification Requirements.
 (d), (h)(1)-(h)(3), (h)(5), (h)(6),
 (i), (j).
63.10(a), (b)(1), (b)(2)(vii),           Recordkeeping and Reporting
 (b)(2)(xiv), (b)(3), (c), (f).           Requirements.
63.12..................................  State Authority and
                                          Delegations.
63.13..................................  Addresses.
63.14..................................  Incorporations by Reference.
63.15..................................  Availability of Information and
                                          Confidentiality.
63.16..................................  Performance Track Provisions.
------------------------------------------------------------------------
\1\ Section 63.11462(b) of this subpart exempts area sources from the
  obligation to obtain title V operating permits.

[FR Doc. E7-18344 Filed 9-19-07; 8:45 am]

BILLING CODE 6560-50-P