[Federal Register Volume 67, Number 66 (Friday, April 5, 2002)]
[Rules and Regulations]
[Pages 16614-16624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-8161]



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Part IV





Environmental Protection Agency





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40 CFR Part 63



National Emission Standards for Hazardous Air Pollutants From the 
Portland Cement Manufacturing Industry; Final Rule and Proposed Rule

  Federal Register / Vol. 67 , No. 66 / Friday, April 5, 2002 / Rules 
and Regulations  

[[Page 16614]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[FRL-7168-1]
RIN 2060-AE78


National Emission Standards for Hazardous Air Pollutants From the 
Portland Cement Manufacturing Industry

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule; amendments.

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SUMMARY: The EPA is taking direct final action on targeted amendments 
to the national emission standards for the portland cement 
manufacturing industry promulgated on June 14, 1999 under the authority 
of section 112 of the Clean Air Act (CAA). The amendments make 
improvements to the implementation of the emission standards, primarily 
in the areas of applicability, testing, and monitoring to resolve 
issues and questions raised since promulgation of the rule.

DATES: This direct final rule is effective on July 5, 2002 without 
further notice, unless significant adverse comments are received by May 
6, 2002.
    If significant material adverse comments are received by May 6, 
2002, this direct final rule will be withdrawn and the comments 
addressed in a subsequent final rule based on the proposed rule 
published elsewhere in this issue. If no significant material adverse 
comments are received, no further action will be taken on the proposal 
and this direct final rule will become effective on July 5, 2002.

ADDRESSES: Comments. By U.S. Postal Service, send comments (in 
duplicate, if possible) to: Air and Radiation Docket and Information 
Center (6102), Attention Docket Number A-92-53, U.S. EPA, 1200 
Pennsylvania Avenue, NW., Washington, DC 20460. In person or by 
courier, deliver comments (in duplicate if possible) to: Air and 
Radiation Docket and Information Center (6102), Attention Docket Number 
A-92-53, Room M-1500, U.S. EPA, 401 M Street SW., Washington, DC 20460. 
The EPA requests that a separate copy also be sent to the contact 
person listed below.

FOR FURTHER INFORMATION CONTACT: Mr. Joseph Wood, P.E., Minerals and 
Inorganic Chemicals Group, Emission Standards Division (C504-05), 
Office of Air Quality Planning and Standards, U.S. EPA, Research 
Triangle Park, North Carolina 27711, telephone number (919) 541-5446, 
facsimile number (919) 541-5600, electronic mail address: 
[email protected].

SUPPLEMENTARY INFORMATION: Comments. We are publishing this direct 
final rule without prior proposal because we view the amendments as 
noncontroversial and do not anticipate adverse comments. We anticipate 
no adverse comment because EPA received no adverse comment when we 
published a document in the Federal Register on the settlement 
agreement relating to these amendments (66 FR 50643, October 4, 2001). 
However, in the Proposed Rules section of this Federal Register, we are 
publishing a separate document that will serve as the proposal to amend 
the emissions standards for the portland cement manufacturing industry 
promulgated on June 14, 1999, if adverse comments are filed.
    If we receive any relevant adverse comments on one or more distinct 
amendments, we will publish a timely withdrawal in the Federal Register 
informing the public which provisions will become effective and which 
provisions are being withdrawn due to adverse comment. We will address 
all public comments in a subsequent final rule based on the proposed 
rule. Any of the distinct amendments in today's rule for which we do 
not receive adverse comment will become effective on the date set out 
above. We will not institute a second comment period on this direct 
final rule. Any parties interested in commenting must do so at this 
time.
    Docket. The docket is an organized and complete file of all the 
information considered by EPA in the development of this direct final 
rule. The docket is a dynamic file because material is added throughout 
the rulemaking process. The docketing system is intended to allow 
members of the public and industries involved to readily identify and 
locate documents so that they can effectively participate in the 
rulemaking process. Along with the proposed and promulgated rules and 
their preambles, the contents of the docket will serve as the record in 
the case of judicial review. The docket number for this rulemaking is 
A-92-53.
    Worldwide Web (WWW). In addition to being available in the docket, 
an electronic copy of this action will also be available through the 
WWW. Following signature, a copy of this action will be posted on EPA's 
Technology Transfer Network (TTN) policy and guidance page for newly 
proposed or promulgated rules: http://www.epa.gov/ttn/oarpg. The TTN at 
EPA's web site provides information and technology exchange in various 
areas of air pollution control. If more information regarding the TTN 
is needed, call the TTN HELP line at (919) 541-5384.
    Regulated Entities. Entities potentially regulated by this action 
are those that manufacture portland cement. Regulated categories and 
entities include:

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                                                                                         Examples of regulated
              Category                        NAICS                     SIC                    entities
----------------------------------------------------------------------------------------------------------------
Industry...........................  32731..................  3241..................  Owners or operators of
                                                                                       portland cement
                                                                                       manufacturing plants.
State..............................  32731..................  3241..................  Owners or operators of
                                                                                       portland cement
                                                                                       manufacturing plants.
Tribal associations................  32731..................  3241..................  Owners or operators of
                                                                                       portland cement
                                                                                       manufacturing plants.
Federal agencies...................  None...................  None..................  None.
----------------------------------------------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. This table lists the types of entities that the EPA is now 
aware could potentially be regulated by this action. To determine 
whether your facility, company, business organization, etc., is 
regulated by this action, you should carefully examine the 
applicability criteria in Sec. 63.1340 of the rule. If you have 
questions regarding the applicability of this action to a particular 
entity, consult the person listed in the preceding FOR FURTHER 
INFORMATION CONTACT section.
    Judicial Review. Under section 307(b)(1) of the CAA, judicial 
review of this direct final rule is available only by filing a petition 
for review in the U.S. Court of Appeals for the District of Columbia 
Circuit by June 4, 2002. Under section 307(d)(7)(B) of the CAA, only an 
objection to this direct final rule that was raised with reasonable 
specificity during the period for public comment can be raised during 
judicial review. Moreover, under section 307(b)(2) of the CAA, the 
requirements established by this direct final rule may not be

[[Page 16615]]

challenged separately in any civil or criminal proceedings brought by 
the EPA to enforce these requirements.
    Outline. The following outline is provided to aid in reading this 
preamble to this direct final rule.

I. Background
II. Amendments to the NESHAP
    A. Applicability and Designation of Affected Sources
    B. Operating Limits for Kilns and In-line Kiln/Raw Mills
    C. Performance Testing Requirements
    D. Monitoring Requirements
    E. PM and Opacity Compliance Waiver During PM CEM Testing
    F. Compliance Dates
III. Administrative Requirements
    A. Executive Order 12866, Regulatory Planning and Review
    B. Executive Order 13132, Federalism
    C. Executive Order 13175, Consultation and Coordination with 
Indian Tribal Governments
    D. Executive Order 13045, Protection of Children from 
Environmental Health Risks and Safety Risks
    E. Executive Order 13211, Actions Concerning Regulations that 
Significantly Affect Energy Supply, Distribution, or Use
    F. Unfunded Mandates Reform Act of 1995
    G. Regulatory Flexibility Act, as Amended by the Small Business 
Regulatory Enforcement Act of 1996 (SBREFA), 5 U.S.C. 601 et seq.
    H. Paperwork Reduction Act
    I. National Technology Transfer and Advancement Act of 1995
    J. Congressional Review Act

I. Background

    On June 14, 1999, we published in the Federal Register the final 
rule entitled, ``National Emission Standards for Hazardous Air 
Pollutants From the Portland Cement Manufacturing Industry'' (40 CFR 
part 63, subpart LLL). The American Portland Cement Alliance (APCA) 
petitioned the United States Court of Appeals for the District of 
Columbia Circuit for review of the final rule under section 307(b)(1) 
of the CAA. (See 42 U.S.C. 7607(b)(1).) The APCA and the EPA negotiated 
and have agreed to the terms of a Settlement Agreement and its 
implementation.
    The action taken today is consistent with the terms of the 
Settlement Agreement and reflects EPA's judgment that these amendments 
improve the rule's implementation. Today's action makes specific 
changes to the NESHAP for the portland cement manufacturing industry, 
generally relating to applicability, performance testing, and 
monitoring.
    The portland cement NESHAP contains emission limitations for 
hazardous air pollutants (HAP) emitted by portland cement manufacturing 
sources. In a separate action, some of those emission limitations were 
remanded to EPA by the court in National Lime Association v. EPA, 233 
F. 3d 625 (D.C. Cir. 2000). Today's direct final rule does not deal 
with any of the issues which were remanded to EPA, rather, the direct 
final rule amends certain provisions of the final rule dealing largely 
with issues of implementation.

II. Amendments to the NESHAP

A. Applicability and Designation of Affected Sources

    A ``bin'' is one of the affected sources listed in Sec. 63.1340 of 
the final rule, i.e., a source of emissions that is subject to 
emissions standards in the rule. The term is not defined in the rule, 
which leads to potential confusion. We are, therefore, adding a 
definition of ``bin'' to clarify the applicability of the rule. We 
define ``bin'' as a manmade enclosure for storage of raw materials, 
clinker, or finished product prior to the further processing of these 
materials at a portland cement plant.
    Today's action revises Sec. 63.1340(c) of the final rule to clarify 
that primary and secondary crushers are not subject to the final rule 
regardless of their location in the production line relative to raw 
material storage. This was the intent of the final rule. (See 63 FR 
14194, March 24, 1998 and 64 FR 31900, June 14, 1999.) However, 
portland cement manufacturers pointed out that the provision, as it 
appears in the final rule, could be interpreted to apply to crushers if 
they follow raw material storage:

    * * * The primary and secondary crushers and any other equipment 
of the on-site nonmetallic mineral processing plant which precedes 
the raw material storage are not subject to this subpart.* * *

Portland cement manufacturers pointed out that crushers may follow the 
raw material storage in the production line. We did not intend that the 
final rule apply to crushers because we wanted to maintain consistency 
with 40 CFR part 60, subpart F, the new source performance standards 
(NSPS) for the portland cement industry. We are, therefore, amending 
the final rule to clarify that primary and secondary crushers are not 
covered by the final rule regardless of their location relative to raw 
material storage.
    Section 63.1356 of the final rule is being revised to clarify that 
the systems used to convey and transfer coal from the coal mill to the 
kiln at portland cement plants that are major sources of HAP are not 
subject to the NSPS for coal preparation plants (40 CFR part 60, 
subpart Y). The final portland cement NESHAP already cover conveying 
system transfer points associated with coal preparation plants at 
portland cement plants that are major sources. There is no need for 
these sources to be subject to duplicative requirements, i.e., to also 
be covered by the NSPS for coal preparation plants. Further, these 
emission sources will be subject to more stringent opacity requirements 
(10 percent) under the NESHAP than under the NSPS for coal preparation 
plants (40 CFR part 60, subpart Y). Other coal conveying transfer 
points will continue to be subject to the NSPS for coal preparation 
plants.
    The list of affected sources in Sec. 63.1340(b)(7) of the final 
rule is being amended to clarify that coal conveying system transfer 
points associated with conveying of coal from the mill to the kiln are 
included as affected sources.
    Section 63.1356(a) of the final rule is being revised to clarify 
that in exempting affected sources subject to the portland cement 
NESHAP from duplicative requirements under 40 CFR part 60, subpart F, 
it was not our intention that these sources would then become affected 
sources under the requirements of 40 CFR part 60, subpart OOO (NSPS for 
Nonmetallic Mineral Processing Plants). The requirements of 40 CFR part 
60, subpart OOO may apply to certain sources at a portland cement plant 
depending on whether or not 40 CFR part 60, subpart F, applies to that 
source. In particular, 40 CFR 60.670(b) states that if an emission 
source is subject to 40 CFR part 60, subpart F, or follows in the plant 
process a source that is subject to subpart F, then 40 CFR part 60, 
subpart OOO does not apply to that source. The purpose of 
Sec. 63.1356(a) of the final rule is to avoid having a source that is 
subject to certain requirements under this subpart also be subject to 
the same requirements under 40 CFR part 60, subparts F or OOO.
    The list of affected sources in the portland cement NESHAP is being 
amended by combining into one paragraph the affected sources, ``bagging 
system'' and ``bulk loading or unloading system,'' making the rule 
language consistent with the NSPS for portland cement plants (40 CFR 
part 60, subpart F).

B. Operating Limits for Kilns and In-line Kiln/Raw Mills

    Section 63.1344(a)(3) of the final rule is being revised to 
indicate that the operating limit for gas stream temperature pertaining 
to the inlet to the alkali bypass particulate matter (PM) control 
device may be established during a performance test either with or 
without the raw mill being in operation.

[[Page 16616]]

This revision provides additional flexibility in that the test for 
dioxin/furan (D/F) emissions from the alkali bypass may be conducted 
whether the raw mill is operating or not since D/F emissions in the 
alkali bypass are not affected by the operation of the raw mill. Alkali 
bypass emissions are not affected by the operation of the raw mill 
since the alkali bypass gas stream does not pass through the raw mill.

C. Performance Testing Requirements

    Today's direct final rule revises the performance testing 
requirements in 40 CFR 63.1349(e) to clarify conditions under which 
changes in operation will require repeat performance testing. This 
revision provides a more understandable description of the criteria for 
determining when the performance tests need to be repeated. In the 
current final rule, a new performance test is required if there is a 
``significant change in feed or fuel from that used in the previous 
performance test.'' Under today's amendments, a new test is required if 
a change in operations may adversely affect compliance. This allows 
sources the flexibility to make changes in their kiln's operation 
without having to retest (and establish new temperature operating 
limits for D/F) if the change will not adversely affect compliance. 
Further, if the operational change will only adversely affect 
compliance with one of the pollutant emission limits (for example, PM, 
but not D/F), then the source will only be required to retest for that 
one pollutant. This amendment may be less costly to industry (e.g., 
test only if compliance may be adversely affected versus test after any 
significant change in feed or fuels, which is largely pointless if 
compliance is not adversely affected), while being at least equally 
protective. This amendment is also consistent with and reaffirms 
Sec. 63.7(e) of the General Provisions in 40 CFR part 63, subpart A, 
which states that performance tests must be conducted under 
representative conditions.
    Section 63.1349(e) of the final rule is further amended by adding 
paragraphs (e)(3)(i) through (iv). This amendment will allow a source 
that is required to conduct a new performance test under paragraph 
(e)(1) of this section to operate under the planned operational change 
conditions for a period not to exceed 360 hours, provided that certain 
conditions are met. This amendment allows the source sufficient time to 
(1) equilibrate the operation of the kiln after the change has occurred 
(which could take days), (2) conduct any emissions checks (pretests) 
prior to the actual performance test, and (3) conduct the actual 
performance test. The time required to conduct a performance test could 
exceed 1 week, especially if both PM and D/F tests are to be conducted, 
and if both the main and alkali bypass stacks need to be tested. 
However, the 360-hour waiver is allowed only if certain requirements 
are met. If the source is conducting a D/F test to reestablish a new 
temperature operating limit, the source must submit temperature 
monitoring data for the entire pretest period and document the results 
of the performance test. Prior notice must be given to the 
Administrator of the planned change and once the planned operational 
period begins, the source must conduct and complete the performance 
test within 360 hours. The requirement that the source must actually 
conduct the performance test prevents a source from falsely claiming an 
operational change is needed in order to obtain the 360-hour waiver.
    Today's direct final rule amends Sec. 63.1349(b) of the final rule 
to require performance testing under ``representative'' conditions 
rather than under ``the highest load or capacity reasonably expected to 
occur.'' This amendment makes the NESHAP consistent with the General 
Provisions' requirements (cited above) that performance tests be 
conducted under representative conditions. The implication of this 
amendment is that the performance test should be conducted at the 
highest production rate at which the kiln normally would operate. If 
the kiln is operated under a condition not representative of the 
condition during the performance test, e.g., the kiln is operated at a 
production rate higher than the production rate at which it was tested, 
the performance test will need to be re-conducted and temperature 
limit(s) reestablished. This is in accordance with today's amendments 
to 40 CFR 63.1349(e) which state that a new performance test is 
required if a change in operations may adversely affect compliance.
    Today's action amends Sec. 63.1349(b)(3) of the final rule to allow 
the D/F performance test of an alkali bypass associated with an in-line 
kiln/raw mill to be conducted either with the raw mill operating or 
with the raw mill not operating. This amendment is consistent with the 
amendment to Sec. 63.1344(a)(3) (discussed earlier) allowing the 
operating limit affecting the temperature at the inlet to the alkali 
bypass PM control device to be established either with the raw mill 
operating or with the raw mill not operating. This will provide greater 
flexibility since D/F emissions in the alkali bypass are not affected 
by the operation of the raw mill.

D. Monitoring Requirements

    Corresponding to the amendments requiring that performance tests be 
conducted under representative performance conditions, paragraphs 
(c)(2)(i), (d)(2)(i), and (e) of 40 CFR 63.1350 are being amended to 
require that the daily manual observations of opacity or visible 
emissions (VE) be conducted under representative performance conditions 
as well.
    Section 63.1350(k) of the final rule requires affected sources to 
install PM continuous emission monitors (CEM). However, as noted in the 
Settlement Agreement, we agreed to state in this preamble that 
Sec. 63.1350(k) of the final rule currently requires sources to install 
PM CEM, but does not specify a deadline by which sources would be 
required to comply with this requirement.
    We are amending the requirements of Sec. 63.1350(e)(2) of the final 
rule to conduct follow-up VE tests when VE were observed previously. 
This amendment allows the source to have 2 consecutive calendar days of 
visible emissions prior to having to conduct a follow-up test by Method 
9 (40 CFR part 60, appendix A). The final rule as promulgated requires 
a Method 9 test be conducted within 24 hours for a particular raw or 
finish mill if VE are observed during the daily test by Method 22 (40 
CFR part 60, appendix A). We agree with industry that this may be 
overly burdensome since the presence of VE does not necessarily 
indicate whether a source is in violation of the 10 percent opacity 
limit. Further, if VE are observed, corrective action may be taken by 
the source to eliminate the emissions prior to the subsequent Method 22 
test and, thereby, eliminate the emissions and avoid having to do a 
more costly Method 9 test.
    Section 63.1350 of the final rule is being amended to give sources 
the option of installing continuous monitoring systems on raw mills and 
finish mills in place of daily Method 22 testing, which is required in 
the final rule. This amendment allows a source the option to use 
continuous monitoring equipment (e.g., continuous opacity monitors or 
bag leak detectors) in lieu of the manual measurement (Method 22) of VE 
and opacity. We believe that these continuous monitoring options are 
just as effective in demonstrating compliance as the currently required 
manual methods. Some sources may prefer to use these instruments in 
lieu of daily visual monitoring.

[[Page 16617]]

    We are revising the requirements of Sec. 63.1350(a)(4) of the final 
rule so that Method 22 VE monitoring is not required for conveying 
system transfer points if they are totally enclosed. This amendment 
eliminates the need for VE monitoring at totally enclosed transfer 
points, since we expect minimal VE from such transfer points. As 
indicated in the Settlement Agreement with the APCA, ``the enclosures 
for these transfer points shall be operated and maintained as total 
enclosures on a continuing basis in accordance with the facility 
operations and maintenance plan.'' The other amendments to 
Sec. 63.1350(a)(4) provide procedures for monitoring of VE for transfer 
points inside buildings.
    We are also revising Table 1 to subpart LLL to clarify that 
Sec. 63.6(h)(7) of the NESHAP General Provisions applies to the final 
rule. The EPA inadvertently omitted this table entry from the final 
rule.

E. PM and Opacity Compliance Waiver During PM CEM Testing

    Section 63.1357 of the final rule specifies the conditions under 
which an owner or operator is exempt from compliance with PM and 
opacity standards for the purpose of conducting tests to correlate PM 
CEM with manual method results. The final rule provides a 96-hour 
waiver from compliance. For sources that do choose to use a PM CEM, we 
are clarifying that they may petition us for additional time for the 
waiver from the PM and opacity limits during the correlation testing if 
additional time is needed to finish the PM CEM correlation testing.

F. Compliance Dates

    Section 63.1351 of the final rule is being revised to correct 
erroneous compliance deadlines specified in the final rule. This 
amendment adds a few more days to the compliance date to give an 
existing source a full 3 years to comply with the standards. We are 
also changing the compliance date for new sources to coincide with the 
publication date of the final rule in the Federal Register.

III. Administrative Requirements

A. Executive Order 12866, Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 5173, October 4, 1993), the EPA 
must determine whether the regulatory action is ``significant'' and 
therefore subject to Office of Management and Budget (OMB) review and 
the requirements of the Executive Order. The Executive Order defines 
``significant regulatory action'' as one that is likely to result in 
standards that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect, in a material way, the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlement, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    Pursuant to the terms of Executive Order 12866, it has been 
determined that these amendments do not constitute a ``significant 
regulatory action'' because they do not meet any of the above criteria. 
Consequently, this action was not submitted to OMB for review under 
Executive Order 12866.

B. Executive Order 13132, Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have Federalism implications.'' 
``Policies that have Federalism implications'' is defined in the 
Executive Order to include regulations that have ``substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.''
    The rule amendments do not have federalism implications. They will 
not have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132, because State and local 
governments do not own or operate any sources that would be subject to 
the amendments. Thus, Executive Order 13132 does not apply to this 
direct final rule.

C. Executive Order 13175, Consultation and Coordination With Indian 
Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' This final rule does not have 
tribal implications, as specified in Executive Order 13175, because 
tribal governments do not own or operate any sources subject to the 
amendments. Thus, Executive Order 13175 does not apply to this rule.

D. Executive Order 13045, Protection of Children From Environmental 
Health Risks and Safety Risks

    Executive Order 13045 applies to any rule that EPA determines (1) 
is ``economically significant'' as defined under Executive Order 12866, 
and (2) the environmental health or safety risk addressed by the rule 
has a disproportionate effect on children. If the regulatory action 
meets both criteria, the Agency must evaluate the environmental health 
or safety effects of the planned rule on children and explain why the 
planned regulation is preferable to other potentially effective and 
reasonably feasible alternatives considered by the Agency.
    This direct final rule is not subject to Executive Order 13045, 
because it is not an economically significant regulatory action as 
defined by Executive Order 12866, and because it is based on technology 
performance and not on health or safety risks.

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

    This direct final rule is not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001) because it 
is not a significant regulatory action under Executive Order 12866.

F. Unfunded Mandates Reform Act of 1995

    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, the 
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 to 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 the EPA

[[Page 16618]]

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 the 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 the 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.
    The EPA has determined that this direct final rule does not contain 
a Federal mandate that may result in expenditures of $100 million or 
more for State, local, and tribal governments, in aggregate, or the 
private sector in any 1 year, nor does the direct final rule 
significantly or uniquely impact small governments, because it contains 
no requirements that apply to such governments or impose obligations 
upon them. Thus, the requirements of the UMRA do not apply to this 
direct final rule.

G. Regulatory Flexibility Act, As Amended by the Small Business 
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et 
seq.

    The RFA generally requires an agency to prepare a regulatory 
flexibility analysis of any rule subject to notice and comment 
rulemaking requirements under the Administrative Procedure Act or any 
other statute unless the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, small organizations, and small 
governmental jurisdictions.
    After considering the economic impacts of today's final rule on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. In 
determining whether a rule has a significant economic impact on a 
substantial number of small entities, the impact of concern is any 
significant adverse economic impact on small entities, since the 
primary purpose of the regulatory flexibility analyses is to identify 
and address regulatory alternatives ``which minimize any significant 
economic impact of the proposed rule on small entities.'' 5 U.S.C. 
Sections 603 and 604. Thus, an agency may certify that a rule will not 
have a significant economic impact on a substantial number of small 
entities if the rule relieves regulatory burden, or otherwise has a 
positive effect on the small entities subject to the rule. The 
amendments in today's rule make improvements to the emission standards, 
primarily by clarifying issues in the areas of applicability, testing, 
and monitoring. We have therefore concluded that today's final rule 
will have no adverse impacts on any small entities and may relieve 
burden in some cases.
    Although the direct final rule will not have a significant economic 
impact on a substantial number of small entities, we worked with 
portland cement industry, including small entities, throughout the 
rulemaking process. Meetings were held on a regular basis with industry 
representatives in connection with the settlement agreement, to discuss 
the development of the direct final rule, exchange information, and 
solicit comments on final rule requirements.

H. Paperwork Reduction Act

    The information collection requirements in the final rule were 
submitted to and approved by OMB under the Paperwork Reduction Act, 44 
U.S.C. 3501 et seq. and assigned OMB control No. 2060-0416. An 
Information Collection Request (ICR) document was prepared by EPA (ICR 
No. 1801.02) and a copy may be obtained from Sandy Farmer by mail at 
Office of Environmental Information, Collection Strategies Division 
(2822), U.S. EPA, 1200 Pennsylvania Avenue, NW, Washington DC 20460, by 
email at [email protected], or by calling (202) 260-2740. A 
copy may also be downloaded from the internet at http://www.epa.gov/icr.
    Today's action makes clarifying changes to the promulgated rule and 
imposes no new information collection requirements on industry. Because 
only clarifying changes are being made, there is no additional burden 
on industry as a result of this direct final rule and the ICR has not 
been revised.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law 104-113, section 12(d) (15 U.S.C. 
272 note) directs EPA to use voluntary consensus standards in its 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., materials specifications, test methods, 
sampling procedures, and business practices) that are developed or 
adopted by voluntary consensus standards bodies. The NTTAA directs EPA 
to provide Congress, through OMB, explanations when the Agency decides 
not to use available and applicable voluntary consensus standards.
    Because today's action contains no new test methods, sampling 
procedures or other technical standards, there is no need to consider 
the availability of voluntary consensus standards.

J. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this rule and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. This direct final 
rule is not a ``major rule'' as defined by 5 U.S.C. 804(2). This direct 
final rule will be effective on July 5, 2002, unless significant 
adverse comments are received by May 6, 2002.

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Reporting and recordkeeping requirements.

    Dated: March 28, 2002.
Christine Todd Whitman,
Administrator.

    For the reasons stated in the preamble, title 40, chapter 1, part 
63 of the Code of Federal Regulations is amended as follows:

PART 63--[AMENDED]

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


[[Page 16619]]


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

Subpart LLL--[Amended]

    2. Section 63.1340 is amended by revising paragraphs (b)(7) and 
(8), deleting paragraph (b)(9), and revising paragraph (c) to read as 
follows:


Sec. 63.1340  Applicability and designation of affected sources.

* * * * *
    (b) * * *
    (7) Each conveying system transfer point including those associated 
with coal preparation used to convey coal from the mill to the kiln at 
any portland cement plant which is a major source; and
    (8) Each bagging and bulk loading and unloading system at any 
portland cement plant which is a major source.
    (c) For portland cement plants with on-site nonmetallic mineral 
processing facilities, the first affected source in the sequence of 
materials handling operations subject to this subpart is the raw 
material storage, which is just prior to the raw mill. Any equipment of 
the on-site nonmetallic mineral processing plant which precedes the raw 
material storage is not subject to this subpart. In addition, the 
primary and secondary crushers of the on-site nonmetallic mineral 
processing plant, regardless of whether they precede the raw material 
storage, are not subject to this subpart. Furthermore, the first 
conveyor transfer point subject to this subpart is the transfer point 
associated with the conveyor transferring material from the raw 
material storage to the raw mill.
* * * * *

    3. Section 63.1341 is amended by adding in alphabetical order the 
definition for the term Bin to read as follows:


Sec. 63.1341  Definitions.

* * * * *
    Bin means a manmade enclosure for storage of raw materials, 
clinker, or finished product prior to further processing at a portland 
cement plant.
* * * * *

    4. Section 63.1344 is amended by revising paragraph (a)(3) to read 
as follows:


Sec. 63.1344  Operating limits for kilns and in-line kiln/raw mills.

    (a) * * *
    (3) If the in-line kiln/raw mill is equipped with an alkali bypass, 
the applicable temperature limit for the alkali bypass specified in 
paragraph (b) of this section and established during the performance 
test, with or without the raw mill operating, is not exceeded.
* * * * *

    5. Section 63.1349 is amended by revising paragraphs (b)(1)(i), 
(b)(2), (b)(3), (b)(3)(i), (e), and Table 1 to Sec. 63.1349 to read as 
follows:


Sec. 63.1349  Performance testing requirements.

* * * * *
    (b) * * *
    (1) * * *
    (i) Method 5 of appendix A to part 60 of this chapter shall be used 
to determine PM emissions. Each performance test shall consist of three 
separate runs under the conditions that exist when the affected source 
is operating at the representative performance conditions in accordance 
with Sec. 63.7(e). Each run shall be conducted for at least 1 hour, and 
the minimum sample volume shall be 0.85 dscm (30 dscf). The average of 
the three runs shall be used to determine compliance. A determination 
of the PM collected in the impingers (``back half'') of the Method 5 
particulate sampling train is not required to demonstrate initial 
compliance with the PM standards of this subpart. However, this shall 
not preclude the permitting authority from requiring a determination of 
the ``back half'' for other purposes.
* * * * *
    (2) The owner or operator of any affected source subject to 
limitations on opacity under this subpart that is not subject to 
paragraph (b)(1) of this section shall demonstrate initial compliance 
with the affected source opacity limit by conducting a test in 
accordance with Method 9 of appendix A to part 60 of this chapter. The 
performance test shall be conducted under the conditions that exist 
when the affected source is operating at the representative performance 
conditions in accordance with Sec. 63.7(e). The maximum 6-minute 
average opacity exhibited during the test period shall be used to 
determine whether the affected source is in initial compliance with the 
standard. The duration of the Method 9 performance test shall be 3 
hours (30 6-minute averages), except that the duration of the Method 9 
performance test may be reduced to 1 hour if the conditions of 
paragraphs (b)(2)(i) through (ii) of this section apply:
* * * * *
    (3) The owner or operator of an affected source subject to 
limitations on D/F emissions under this subpart shall demonstrate 
initial compliance with the D/F emission limit by conducting a 
performance test using Method 23 of appendix A to part 60 of this 
chapter. The owner or operator of an in-line kiln/raw mill shall 
demonstrate initial compliance by conducting separate performance tests 
while the raw mill of the in-line kiln/raw mill is under normal 
operating conditions and while the raw mill of the in-line kiln/raw 
mill is not operating. The owner or operator of a kiln or in-line kiln/
raw mill equipped with an alkali bypass shall conduct simultaneous 
performance tests of the kiln or in-line kiln/raw mill exhaust and the 
alkali bypass. However, the owner or operator of an in-line kiln/raw 
mill may conduct a performance test of the alkali bypass exhaust when 
the raw mill of the in-line kiln/raw mill is operating or not 
operating.
    (i) Each performance test shall consist of three separate runs; 
each run shall be conducted under the conditions that exist when the 
affected source is operating at the representative performance 
conditions in accordance with Sec. 63.7(e). The duration of each run 
shall be at least 3 hours, and the sample volume for each run shall be 
at least 2.5 dscm (90 dscf). The concentration shall be determined for 
each run, and the arithmetic average of the concentrations measured for 
the three runs shall be calculated and used to determine compliance.
* * * * *
    (e)(1) If a source plans to undertake a change in operations that 
may adversely affect compliance with an applicable D/F standard under 
this subpart, the source must conduct a performance test and establish 
new temperature limit(s) as specified in paragraph (b)(3) of this 
section.
    (2) If a source plans to undertake a change in operations that may 
adversely affect compliance with an applicable PM standard under 
Sec. 63.1343, the source must conduct a performance test as specified 
in paragraph (b)(1) of this section.
    (3) In preparation for and while conducting a performance test 
required in paragraph (e)(1) of this section, a source may operate 
under the planned operational change conditions for a period not to 
exceed 360 hours, provided that the conditions in paragraphs (e)(3)(i) 
through (iv) of this section are met. The source shall submit 
temperature and other monitoring data that are recorded during the 
pretest operations.
    (i) The source must provide the Administrator written notice at 
least 60 days prior to undertaking an operational change that may 
adversely affect compliance with an applicable standard

[[Page 16620]]

under this subpart, or as soon as practicable where 60 days advance 
notice is not feasible. Notice provided under this paragraph shall 
include a description of the planned change, the emissions standards 
that may be affected by the change, and a schedule for completion of 
the performance test required under paragraph (e)(1) of this section, 
including when the planned operational change period would begin.
    (ii) The performance test results must be documented in a test 
report according to paragraph (a) of this section.
    (iii) A test plan must be made available to the Administrator prior 
to testing, if requested.
    (iv) The performance test must be conducted, and it must be 
completed within 360 hours after the planned operational change period 
begins.
* * * * *

   Table 1 to Sec.  63.1349.--Summary of Performance Test Requirements
------------------------------------------------------------------------
      Affected source and pollutant              Performance test
------------------------------------------------------------------------
New and existing kiln and in-line kiln/   EPA Method 5 a.
 raw mil b c PM.
New and existing kiln and in-line kiln/   COM if feasibled e or EPA
 raw mill b c Opacity.                     Method 9 visual opacity
                                           readings.
New and existing kiln and in-line kiln/   EPA Method 23 h.
 raw mill b c f g D/F.
New greenfield kiln and in-line kiln/raw  THC CEM (EPA PS-8A) i.
 mill c THC.
New and existing clinker cooler PM......  EPA Method 5 a.
New and existing clinker cooler opacity.  COM d j or EPA Method 9 visual
                                           opacity readings.
New and existing raw and finish mill      EPA Method 9 a j.
 opacity.
New and existing raw material dryer and   EPA Method 9 a j.
 materials handling processes (raw
 material storage, clinker storage,
 finished product storage, conveyor
 transfer points, bagging, and bulk
 loading and unloading systems) opacity.
New greenfield raw material dryer THC...  THC CEM (EPA PS-8A) i.
------------------------------------------------------------------------
a Required initially and every 5 years thereafter.
b Includes main exhaust and alkali bypass.
c In-line kiln/raw mill to be tested with and without raw mill in
  operation.
d Must meet COM performance specification criteria. If the fabric filter
  or electrostatic precipitator has multiple stacks, daily EPA Method 9
  visual opacity readings may be taken instead of using a COM.
e Opacity limit is 20 percent.
f Alkali bypass is tested with the raw mill operating or not operating.
g Temperature and (if applicable) activated carbon injection parameters
  determined separately with and without the raw mill operating.
h Required initially and every 30 months thereafter.
i EPA Performance Specification (PS)-8A of appendix B to part 60 of this
  chapter.
j Opacity limit is 10 percent.


    6. Section 63.1350 is amended by:
    a. Adding paragraphs (a)(4)(v) through (a)(4)(vii);
    b. Revising paragraph (c)(2)(i);
    c. Revising paragraph (d)(2)(i);
    d. Revising paragraphs (e) and (e)(2);
    e. Redesignating paragraph (m) as paragraph (n) and adding a new 
paragraph (m); and
    f. Revising Table 1 to Sec. 63.1350.
    The revisions and additions read as follows:


Sec. 63.1350  Monitoring requirements.

    (a) * * *
    (4) * * *
    (v) The requirement to conduct Method 22 visible emissions 
monitoring under this paragraph shall not apply to any totally enclosed 
conveying system transfer point, regardless of the location of the 
transfer point. ``Totally enclosed conveying system transfer point'' 
shall mean a conveying system transfer point that is enclosed on all 
sides, top, and bottom.
    (vi) If any partially enclosed or unenclosed conveying system 
transfer point is located in a building, the owner or operator of the 
portland cement plant shall have the option to conduct a Method 22 
visible emissions monitoring test according to the requirements of 
paragraphs (a)(4)(i) through (iv) of this section for each such 
conveying system transfer point located within the building, or for the 
building itself (according to paragraph (a)(4)(vii) of this section).
    (vii) If visible emissions from a building are monitored, the 
requirements of paragraphs (a)(4)(i) through (iv) of this section apply 
to the monitoring of the building, and you must also do the following: 
Test visible emissions from each side, roof and vent of the building 
for at least 1 minute. The test must be conducted under normal 
operating conditions.
* * * * *
    (c) * * *
    (2) * * *
    (i) Perform daily visual opacity observations of each stack in 
accordance with the procedures of Method 9 of appendix A to part 60 of 
this chapter. The Method 9 test shall be conducted while the affected 
source is operating at the representative performance conditions in 
accordance with Sec. 63.7(e). The duration of the Method 9 test shall 
be at least 30 minutes each day.
* * * * *
    (d) * * *
    (2) * * *
    (i) Perform daily visual opacity observations of each stack in 
accordance with the procedures of Method 9 of appendix A to part 60 of 
this chapter. The Method 9 test shall be conducted while the affected 
source is operating at the representative performance conditions in 
accordance with Sec. 63.7(e). The duration of the Method 9 test shall 
be at least 30 minutes each day.
* * * * *
    (e) The owner or operator of a raw mill or finish mill shall 
monitor opacity by conducting daily visual emissions observations of 
the mill sweep and air separator PMCD of these affected sources in 
accordance with the procedures of Method 22 of appendix A to part 60 of 
this chapter. The Method 22 test shall be conducted while the affected 
source is operating at the representative performance conditions in 
accordance with Sec. 63.7(e). The duration of the Method 22 test shall 
be 6 minutes. If visible emissions are observed during any Method 22 
visible emissions test, the owner or operator must:
* * * * *
    (2) Within 24 hours of the end of the Method 22 test in which 
visible emissions were observed, conduct a followup Method 22 test of 
each stack from which visible emissions were observed during the 
previous Method 22

[[Page 16621]]

test. If visible emissions are observed during the followup Method 22 
test from any stack from which visible emissions were observed during 
the previous Method 22 test, conduct a visual opacity test of each 
stack from which emissions were observed during the follow up Method 22 
test in accordance with Method 9 of appendix A to part 60 of this 
chapter. The duration of the Method 9 test shall be 30 minutes.
* * * * *
    (m) The requirements under paragraph (e) of this section to conduct 
daily Method 22 testing shall not apply to any specific raw mill or 
finish mill equipped with a continuous opacity monitor COM or bag leak 
detection system (BLDS). If the owner or operator chooses to install a 
COM in lieu of conducting the daily visual emissions testing required 
under paragraph (e) of this section, then the COM must be installed at 
the outlet of the PM control device of the raw mill or finish mill, and 
the COM must be installed, maintained, calibrated, and operated as 
required by the general provisions in subpart A of this part and 
according to PS-1 of appendix B to part 60 of this chapter. To remain 
in compliance, the opacity must be maintained such that the 6-minute 
average opacity for any 6-minute block period does not exceed 10 
percent. If the average opacity for any 6-minute block period exceeds 
10 percent, this shall constitute a violation of the standard. If the 
owner or operator chooses to install a BLDS in lieu of conducting the 
daily visual emissions testing required under paragraph (e) of this 
section, the requirements in paragraphs (m)(1) through (9) of this 
section apply to each BLDS:
    (1) The BLDS must be certified by the manufacturer to be capable of 
detecting PM emissions at concentrations of 10 milligrams per actual 
cubic meter (0.0044 grains per actual cubic foot) or less. ``Certify'' 
shall mean that the instrument manufacturer has tested the instrument 
on gas streams having a range of particle size distributions and 
confirmed by means of valid filterable PM tests that the minimum 
detectable concentration limit is at or below 10 milligrams per actual 
cubic meter (0.0044 grains per actual cubic foot) or less.
    (2) The sensor on the BLDS must provide output of relative PM 
emissions.
    (3) The BLDS must have an alarm that will activate automatically 
when it detects a significant increase in relative PM emissions greater 
than a preset level.
    (4) The presence of an alarm condition should be clearly apparent 
to facility operating personnel.
    (5) For a positive-pressure fabric filter, each compartment or cell 
must have a bag leak detector. For a negative-pressure or induced-air 
fabric filter, the bag leak detector must be installed downstream of 
the fabric filter. If multiple bag leak detectors are required (for 
either type of fabric filter), detectors may share the system 
instrumentation and alarm.
    (6) All BLDS must be installed, operated, adjusted, and maintained 
so that they are based on the manufacturer's written specifications and 
recommendations. The EPA recommends that where appropriate, the 
standard operating procedures manual for each bag leak detection system 
include concepts from EPA's ``Fabric Filter Bag Leak Detection 
Guidance'' (EPA-454/R-98-015, September 1997).
    (7) The baseline output of the system must be established as 
follows:
    (i) Adjust the range and the averaging period of the device; and
    (ii) Establish the alarm set points and the alarm delay time.
    (8) After initial adjustment, the range, averaging period, alarm 
set points, or alarm delay time may not be adjusted except as specified 
in the operations and maintenance plan required by paragraph (a) of 
this section. In no event may the range be increased by more than 100 
percent or decreased by more than 50 percent over a 1 calendar year 
period unless a responsible official as defined in Sec. 63.2 certifies 
in writing to the Administrator that the fabric filter has been 
inspected and found to be in good operating condition.
    (9) The owner or operator must maintain and operate the fabric 
filter such that the bag leak detector alarm is not activated and alarm 
condition does not exist for more than 5 percent of the total operating 
time in a 6-month block period. Each time the alarm activates, alarm 
time will be counted as the actual amount of time taken by the owner or 
operator to initiate corrective actions. If inspection of the fabric 
filter demonstrates that no corrective actions are necessary, no alarm 
time will be counted. The owner or operator must continuously record 
the output from the BLDS during periods of normal operation. Normal 
operation does not include periods when the BLDS is being maintained or 
during startup, shutdown or malfunction.
* * * * *

                               Table 1 to Sec.  63.1350.--Monitoring Requirements
----------------------------------------------------------------------------------------------------------------
                                             Monitor type/operation/
   Affected source/pollutant or opacity              process                    Monitoring requirements
----------------------------------------------------------------------------------------------------------------
All affected sources.....................  Operations and maintenance  Prepare written plan for all affected
                                            plan.                       sources and control devices.
All kilns and in-line kiln raw mills at    Continuous opacity          Install, calibrate, maintain and operate
 major sources (including alkali bypass)/   monitor, if applicable.     in accordance with general provisions
 opacity.                                                               and with PS-1.
                                           Method 9 opacity test, if   Daily test of at least 30-minutes, while
                                            applicable.                 kiln is at representative performance
                                                                        conditions.
Kilns and in-line raw mills at major       Particulate matter          Deferred
 sources (including alkali bypass)/         continuous monitoring
 particulate matter.                        systems.
Kilns and in-line kiln raw mills at major  Combustion system           Conduct annual inspection of components
 and area sources (including alkali         inspection.                 of combustion system.
 bypass)/D/F.
                                           Continuous temperature      Install, operate, calibrate and maintain
                                            monitoring at PMCD inlet.   continuous temperature monitoring and
                                                                        recording system; calculate three-hour
                                                                        rolling averages; verify temperature
                                                                        sensor calibration at least quarterly.

[[Page 16622]]

 
                                           Activated carbon injection  Install, operate, calibrate and maintain
                                            rate monitor, if            continuous activated carbon injection
                                            applicable.                 rate monitor; calculate three-hour
                                                                        rolling averages; verify calibration at
                                                                        least quarterly; install, operate,
                                                                        calibrate and maintain carrier gas flow
                                                                        rate monitor or carrier gas pressure
                                                                        drop monitor; calculate three-hour
                                                                        rolling averages; document carbon
                                                                        specifications.
New greenfield kilns and inline kiln raw   Total hydrocarbon           Install, operate, and maintain THC CEM in
 mills at major and area sources/THC.       continuous emission         accordance with PS-8A; calculate 30-day
                                            monitor.                    block average THC concentration.
Clinker coolers at major sources/opacity.  Continuous opacity          Install, calibrate, maintain and operate
                                            monitor, if applicable.     in accordance with general provisions
                                                                        and with PS-1.
                                           Method 9 opacity test, if   Daily test of at least applicable 30-
                                            applicable.                 minutes, while kiln is at representative
                                                                        performance conditions.
Raw mills and finish mills at major        Method 22 visible           Conduct daily 6-minute Method 22 visible
 sources/opacity.                           emissions test.             emissions test while mill is operating
                                                                        at representative performance
                                                                        conditions; if visible emissions are
                                                                        observed, initiate corrective action
                                                                        within one hour and conduct follow up
                                                                        Method 22 test. If visible emissions are
                                                                        observed, conduct 30-minute Method 9
                                                                        test.
New greenfield raw material dryers at      Total hydrocarbon           Install, operate, and maintain THC CEM in
 major and area sources/THC.                continuous emission         accordance with PS-8A; calculate 30-day
                                            monitor.                    block average THC concentration.
Raw material dryers; raw material,         Method 22 visible           As specified in operation and maintenance
 clinker, finished product storage bins;    emissions test.             plan.
 conveying system transfer points,
 excluding totally enclosed conveying
 system transfer points; bagging systems;
 and bulk loading and unloading systems
 at major sources/opacity.
----------------------------------------------------------------------------------------------------------------


    7. Section 63.1351 is amended by revising paragraphs (a) and (b) to 
read as follows:


Sec. 63.1351  Compliance dates.

    (a) The compliance date for an owner or operator of an existing 
affected source subject to the provisions of this subpart is June 14, 
2002.
    (b) The compliance date for an owner or operator of an affected 
source subject to the provisions of this subpart that commences new 
construction or reconstruction after March 24, 1998 is June 14, 1999 or 
upon startup of operations, whichever is later.
* * * * *

    8. Section 63.1356 is amended by revising paragraph (a) and adding 
paragraph (b) to read as follows:


Sec. 63.1356  Exemption from new source performance standards.

    (a) Except as provided in paragraphs (a)(1) and (2) of this 
section, any affected source subject to the provisions of this subpart 
is exempt from any otherwise applicable new source performance standard 
contained in subpart F or subpart OOO of part 60 of this chapter.
* * * * *
    (b) The requirements of subpart Y of part 60 of this chapter, 
``Standards of Performance for Coal Preparation Plants,'' do not apply 
to conveying system transfer points used to convey coal from the mill 
to the kiln that are associated with coal preparation at a portland 
cement plant that is a major source under this subpart.

    9. Section 63.1357 is amended by revising paragraph (e) to read as 
follows:


Sec. 63.1357  Temporary, conditioned exemption from particulate matter 
and opacity standards.

* * * * *
    (e) The PM and opacity standards and associated operating limits 
and conditions will not be waived for more than 96 hours, in the 
aggregate, for the purposes of conducting tests to correlate PM CEMS 
with manual method test results, including all runs and conditions, 
except as described in this paragraph. Where additional time is 
required to correlate a PM CEMS device, a source may petition the 
Administrator for an extension of the 96-hour aggregate waiver of 
compliance with the PM and opacity standards. An extension of the 96-
hour aggregate waiver is renewable at the discretion of the 
Administrator.
* * * * *

    10. Table 1 to subpart LLL of part 63 is revised to read as 
follows:

                     Table 1 to Subpart LLL of Part 63.--Applicability of General Provisions
----------------------------------------------------------------------------------------------------------------
                                                                  Applies to Subpart
             Citation                       Requirement                  LLL                  Explaination
----------------------------------------------------------------------------------------------------------------
63.1(a)(1)-(4)....................  Applicability.............  Yes..................
63.1(a)(5)........................  ..........................  No...................  [Reserved]
63.1(a)(6)-(8)....................  Applicability.............  Yes..................
63.1(a)(9)........................  ..........................  No...................  [Reserved]
63.1(a)(10)-(14)..................  Applicability.............  Yes..................
63.1(b)(1)........................  Initial Applicability       No...................  Sec.  63.1340 specifies
                                     Determination.                                     applicability.
63.1(b)(2)-(3)....................  Initial Applicability       Yes..................
                                     Determination.

[[Page 16623]]

 
63.1(c)(1)........................  Applicability After         Yes..................
                                     Standard Established.
63.1(c)(2)........................  Permit Requirements.......  Yes..................  Area sources must obtain
                                                                                        Title V permits.
63.1(c)(3)........................  ..........................  No...................  [Reserved]
63.1(c)(4)-(5)....................  Extensions, Notifications.  Yes..................
63.1(d)...........................  ..........................  No...................  [Reserved]
63.1(e)...........................  Applicability of Permit     Yes..................
                                     Program.
63.2..............................  Definitions...............  Yes..................  Additional definitions in
                                                                                        Sec.  63.1341.
63.3(a)-(c).......................  Units and Abbreviations...  Yes..................
63.4(a)(1)-(3)....................  Prohibited Activities.....  Yes..................
63.4(a)(4)........................  ..........................  No...................  [Reserved]
63.4(a)(5)........................  Compliance date...........  Yes..................
63.4(b)-(c).......................  Circumvention,              Yes..................
                                     Severability.
63.5(a)(1)-(2)....................  Construction/               Yes..................
                                     Reconstruction.
63.5(b)(1)........................  Compliance Dates..........  Yes..................
63.5(b)(2)........................  ..........................  No...................  [Reserved]
63.5(b)(3)-(6)....................  Construction Approval,      Yes..................
                                     Applicability.
63.5(c)...........................  ..........................  No...................  [Reserved]
63.5(d)(1)-(4)....................  Approval of Construction/   Yes..................
                                     Reconstruction.
63.5(e)...........................  Approval of Construction/   Yes..................
                                     Reconstruction.
63.5(f)(1)-(2)....................  Approval of Construction/   Yes..................
                                     Reconstruction.
63.6(a)...........................  Compliance for Standards    Yes..................
                                     and Maintenance.
63.6(b)(1)-(5)....................  Compliance Dates..........  Yes..................
63.6(b)(6)........................  ..........................  No...................  [Reserved]
63.6(b)(7)........................  Compliance Dates..........  Yes..................
63.6(c)(1)-(2)....................  Compliance Dates..........  Yes..................
63.6(c)(3)-(4)....................  ..........................  No...................  [Reserved]
63.6(c)(5)........................  Compliance Dates..........  Yes..................
63.6(d)...........................  ..........................  No...................  [Reserved]
63.6(e)(1)-(2)....................  Operation & Maintenance...  Yes..................
63.6(e)(3)........................  Startup, Shutdown           Yes..................
                                     Malfunction Plan.
63.6(f)(1)-(3)....................  Compliance with Emission    Yes..................
                                     Standards.
63.6(g)(1)-(3)....................  Alternative Standard......  Yes..................
63.6(h)(1)-(2)....................  Opacity/VE Standards......  Yes..................
63.6(h)(3)........................  ..........................  No...................  [Reserved]
63.6(h)(4)-(h)(5)(i)..............  Opacity/VE Standards......  Yes..................
63.6(h)(5)(ii)-(iv)...............  Opacity/VE Standards......  No...................  Test duration specified
                                                                                        in subpart LLL.
63.6(h)(6)........................  Opacity/VE Standards......  Yes..................
63.6(h)(7)........................  Opacity/VE Standards......  Yes..................
63.6(i)(1)-(14)...................  Extension of Compliance...  Yes..................
63.6(i)(15).......................  ..........................  No...................  [Reserved]
63.6(i)(16).......................  Extension of Compliance...  Yes..................
63.6(j)...........................  Exemption from Compliance.  Yes..................
63.7(a)(1)-(3)....................  Performance Testing         Yes..................  Sec.  63.1349 has
                                     Requirements.                                      specific requirements.
63.7(b)...........................  Notification..............  Yes..................
63.7(c)...........................  Quality Assurance/Test      Yes..................
                                     Plan.
63.7(d)...........................  Testing Facilities........  Yes..................
63.7(e)(1)-(4)....................  Conduct of Tests..........  Yes..................
63.7(f)...........................  Alternative Test Method...  Yes..................
63.7(g)...........................  Data Analysis.............  Yes..................
63.7(h)...........................  Waiver of Tests...........  Yes..................
63.8(a)(1)........................  Monitoring Requirements...  Yes..................
63.8(a)(2)........................  Monitoring................  No...................  Sec.  63.1350 includes
                                                                                        CEMS requirements.
63.8(a)(3)........................  ..........................  No...................  [Reserved]
63.8(a)(4)........................  Monitoring................  No...................  Flares not applicable.
63.8(b)(1)-(3)....................  Conduct of Monitoring.....  Yes..................
63.8(c)(1)-(8)....................  CMS Operation/Maintenance.  Yes..................  Performance specification
                                                                                        supersedes requirements
                                                                                        for THC CEMS Temperature
                                                                                        and activated carbon
                                                                                        injection monitoring
                                                                                        data reduction
                                                                                        requirements given in
                                                                                        subpart LLL.
63.8(d)...........................  Quality Control...........  Yes..................
63.8(e)...........................  Performance Evaluation for  Yes..................  Performance specification
                                     CMS.                                               supersedes requirements
                                                                                        for THC CEMS.
63.8(f)(1)-(5)....................  Alternative Monitoring      Yes..................  Additional requirements
                                     Method.                                            in Sec.  63.1350(l).

[[Page 16624]]

 
63.8(f)(6)........................  Alternative to RATA Test..  Yes..................
63.8(g)...........................  Data Reduction............  Yes..................
63.9(a)...........................  Notification Requirements.  Yes..................
63.9(b)(1)-(5)....................  Initial Notifications.....  Yes..................
63.9(c)...........................  Request for Compliance      Yes..................
                                     Extension.
63.9(d)...........................  New Source Notification     Yes..................
                                     for Special Compliance
                                     Requirements.
63.9(e)...........................  Notification of             Yes..................
                                     Performance Test.
63.9(f)...........................  Notification of VE/Opacity  Yes..................  Notification not required
                                     Test.                                              for VE/opacity test
                                                                                        under Sec.  63.1350(e)
                                                                                        and (j).
63.9(g)...........................  Additional CMS              Yes..................
                                     Notifications.
63.9(h)(1)-(3)....................  Notification of Compliance  Yes..................
                                     Status.
63.9(h)(4)........................  ..........................  No...................  [Reserved]
63.9(h)(5)-(6)....................  Notification of Compliance  Yes..................
                                     Status.
63.9(i)...........................  Adjustment of Deadlines...  Yes..................
63.9(j)...........................  Change in Previous          Yes..................
                                     Information.
63.10(a)..........................  Recordkeeping/Reporting...  Yes..................
63.10(b)..........................  General Requirements......  Yes..................
63.10(c)(1).......................  Additional CMS              Yes..................  PS-8A supersedes
                                     Recordkeeping.                                     requirements for THC
                                                                                        CEMS.
63.10(c)(2)-(4)...................  ..........................  No...................  [Reserved]
63.10(c)(5)-(8)...................  Additional CMS              Yes..................  PS-8A supersedes
                                     Recordkeeping.                                     requirements for THC
                                                                                        CEMS.
63.10(c)(9).......................  ..........................  No...................  [Reserved]
63.10(c)(10)-(15).................  Additional CMS              Yes..................  PS-8A supersedes
                                     Recordkeeping.                                     requirements for THC
                                                                                        CEMS.
63.10(d)(1).......................  General Reporting           Yes..................
                                     Requirements.
63.10(d)(2).......................  Performance Test Results..  Yes..................
63.10(d)(3).......................  Opacity or VE Observations  Yes..................
63.10(d)(4).......................  Progress Reports..........  Yes..................
63.10(d)(5).......................  Startup, Shutdown,          Yes..................
                                     Malfunction Reports.
63.10(e)(1)-(2)...................  Additional CMS Reports....  Yes..................
63.10(e)(3).......................  Excess Emissions and CMS    Yes..................  Exceedances are defined
                                     Performance Reports.                               in subpart LLL.
63.10(f)..........................  Waiver for Recordkeeping/   Yes..................
                                     Reporting.
63.11(a)-(b)......................  Control Device              No...................  Flares not applicable.
                                     Requirements.
63.12(a)-(c)......................  State Authority and         Yes..................
                                     Delegations.
63.13(a)-(c)......................  State/Regional Addresses..  Yes..................
63.14(a)-(b)......................  Incorporation by Reference  Yes..................
63.15(a)-(b)......................  Availability of             Yes..................
                                     Information.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 02-8161 Filed 4-4-02; 8:45 am]
BILLING CODE 6560-50-P