[Federal Register Volume 68, Number 73 (Wednesday, April 16, 2003)]
[Rules and Regulations]
[Pages 18730-18785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-5622]



[[Page 18729]]

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Part II





Environmental Protection Agency





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40 CFR Part 63



National Emission Standards for Hazardous Air Pollutants for Refractory 
Products Manufacturing; Final Rule

  Federal Register / Vol. 68, No. 73 / Wednesday, April 16, 2003 / 
Rules and Regulations  

[[Page 18730]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[OAR-2002-0088, FRL-7462-6]
RIN 2060-AG68


National Emission Standards for Hazardous Air Pollutants for 
Refractory Products Manufacturing

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This action promulgates national emission standards for 
hazardous air pollutants (NESHAP) for new and existing refractory 
products manufacturing facilities and implements section 112(d) of the 
Clean Air Act (CAA) by requiring all major sources to meet HAP emission 
standards reflecting the application of maximum achievable control 
technology (MACT). The final rule will protect air quality and promote 
the public health by reducing emissions of several of the HAP listed in 
section 112(b)(1) of the CAA, including ethylene glycol, formaldehyde, 
hydrogen fluoride (HF), hydrochloric acid (HCl), methanol, phenol, and 
polycyclic organic matter (POM). Exposure to these substances has been 
demonstrated to cause adverse health effects such as irritation of the 
lung, skin, and mucous membranes, effects on the central nervous 
system, and damage to the liver, kidneys, and skeleton. The EPA has 
classified the HAP formaldehyde and POM as probable human carcinogens. 
The final rule will reduce nationwide emissions of HAP from these 
facilities by an estimated 124 megagrams per year (Mg/yr) (137 tons per 
year (tpy)).

EFFECTIVE DATE: April 16, 2003.

ADDRESSES: Docket No. OAR-2002-0088 contains supporting information 
used in developing the final rule. The docket is located at the Air and 
Radiation Docket and Information Center in the EPA Docket Center, (EPA/
DC), EPA West, Room B102, 1301 Constitution Avenue, NW, Washington, DC 
20460, telephone (202) 566-1744.

FOR FURTHER INFORMATION CONTACT: Ms. Susan Fairchild, U.S. EPA, Office 
of Air Quality Planning and Standards, Emission Standards Division, 
Minerals and Inorganic Chemicals Group, (C504-05), Research Triangle 
Park, NC 27711, telephone number (919) 541-5167, electronic mail 
address [email protected].

SUPPLEMENTARY INFORMATION:
    Regulated Entities. Categories and entities potentially regulated 
by this action include those listed in the following table:

------------------------------------------------------------------------
                                                  Examples of regulated
             Category                 NAICS             entities
------------------------------------------------------------------------
Industrial.......................       327124  Clay refractories
                                                 manufacturing plants.
Industrial.......................       327125  Nonclay refractories
                                                 manufacturing plants.
------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. To determine whether your facility is regulated by this action, 
you should examine the applicability criteria in Sec.  63.9782 of 
today's final rule. If you have any questions regarding the 
applicability of this action to a particular entity, consult the person 
listed in the preceding FOR FURTHER INFORMATION CONTACT section.
    Electronic Docket (E-Docket). The EPA has established an official 
public docket for this action under Docket ID No. OAR-2002-0088. The 
official public docket is the collection of materials that is available 
for public viewing in the Refractory Products Manufacturing NESHAP 
Docket at the Air and Radiation Docket and Information Center in the 
EPA Docket Center, (EPA/DC), EPA West, Room B102, 1301 Constitution 
Avenue, NW., Washington, DC 20460. The Docket Center is open from 8:30 
a.m. to 5:30 p.m., Monday through Friday, excluding legal holidays. The 
telephone number for the Reading Room is (202) 566-1744, and the 
telephone number for the Air Docket is (202) 566-1742.
    Electronic Access. An electronic version of the public docket is 
available through EPA's electronic public docket and comment system, 
EPA Dockets. You may use EPA Dockets at http://www.epa.gov/edocket/ to 
submit or view public comments, access the index of the contents of the 
official public docket, and access those documents in the public docket 
that are available electronically. Once in the system, select 
``search'' and key in the appropriate docket identification number.
    Certain types of information will not be placed in the EPA Dockets. 
Information claimed as confidential business information and other 
information whose disclosure is restricted by statute, which are not 
included in the official public docket, will not be available for 
public viewing in EPA's electronic public docket. The EPA's policy is 
that copyrighted material will not be placed in EPA's electronic public 
docket but will be available only in printed, paper form in the 
official public docket. Although not all docket materials may be 
available electronically, you may still access any of the publicly 
available docket materials through the docket facility identified in 
this document.
    Worldwide Web (WWW). In addition to being available in the docket, 
an electronic copy of today's document also will be available on the 
WWW. Following the Administrator's signature, a copy of this action 
will be posted at http://www.epa.gov/ttn/oarpg on EPA's Technology 
Transfer Network (TTN) policy and guidance page for newly proposed or 
promulgated rules. The TTN 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.
    Judicial Review. Under section 307(b)(1) of the CAA, judicial 
review of the 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 16, 2003. Under section 307(d)(7)(B) of the CAA, only 
an objection to the 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 the final rule may not be challenged 
separately in any civil or criminal proceedings brought by EPA to 
enforce these requirements.
    Outline. The information presented in this preamble is organized as 
follows:

I. Background and Public Participation
    A. What Is the Source of Authority for Development of NESHAP?
    B. What Criteria Are Used in the Development of NESHAP?
    C. How Was the Rule Developed?
II. Summary of the Final Rule
    A. What Source Category Is Affected by the Final Rule?
    B. What Are the Affected Sources?
    C. What Are the Emission Limits?
    D. What Are the Operating Limits?
    E. What Are the Work Practice Standards?
    F. What Are the Testing and Initial Compliance Requirements for 
Sources Subject to Emission Limits?

[[Page 18731]]

    G. What Are the Initial Compliance Requirements for Sources 
Subject to a Work Practice Standard?
    H. What Are the Continuous Compliance Requirements for Sources 
Subject to Emission Limits?
    I. What Are the Continuous Compliance Requirements for Sources 
Subject to a Work Practice Standard?
    J. What Are the Notification, Recordkeeping, and Reporting 
Requirements?
    K. What Are the Compliance Deadlines?
III. Summary of Major Changes Since Proposal
    A. Emission Limits and Work Practice Standards
    B. Compliance Testing
    C. Control Device Monitoring and Operation
    D. Definitions
IV. Summary of Responses to Major Comments
    A. MACT Floors
    B. Emission Limits
    C. Compliance Testing and Monitoring
    D. Economic and Environmental Impacts
    E. Definitions
V. Summary of Impacts
    A. What Are the Health Impacts?
    B. What Are the Air Emission Reduction Impacts?
    C. What Are the Cost Impacts?
    D. What Are the Economic Impacts?
    E. What Are the Non-Air Quality Environmental and Energy 
Impacts?
VI. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions That Significantly Affect 
Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Congressional Review Act

I. Background and Public Participation

A. What is the Source of Authority for Development of NESHAP?

    Section 112 of the CAA requires us to list categories and 
subcategories of major sources and area sources of HAP and to establish 
NESHAP for the listed source categories and subcategories. Major 
sources of HAP are those that have the potential to emit greater than 
10 tpy of any one HAP or 25 tpy of any combination of HAP. The category 
of major sources covered by the final rule was listed as Chromium 
Refractories Production on July 16, 1992 (57 FR 31576).
    Section 112(c) of the CAA allows EPA to revise the source category 
list at any time. After obtaining information from chromium 
refractories manufacturing plants that indicated that some facilities 
were major sources due to HAP emissions from the manufacturing of 
nonchromium refractories, we decided to expand the scope of the source 
category to include most manufacturers of refractory products. On 
November 18, 1999, we revised the source category name from Chromium 
Refractories Production to Refractories Manufacturing (64 FR 63025) to 
reflect the broadened scope of the source category. At proposal (67 FR 
42108, June 20, 2002), we changed the source category name from 
Refractories Manufacturing to Refractory Products Manufacturing to 
further clarify the source category.

B. What Criteria Are Used in the Development of NESHAP?

    Section 112 of the CAA requires that we establish NESHAP for the 
control of HAP from both new and existing major sources. The CAA 
requires the NESHAP to reflect the maximum degree of reduction in 
emissions of HAP that is achievable. This level of control is commonly 
referred to as MACT.
    The MACT floor is the minimum control level allowed for NESHAP and 
is defined under section 112(d)(3) of the CAA. In essence, the MACT 
floor ensures that the standards are set at a level that assures that 
all major sources achieve the level of control at least as stringent as 
that already achieved by the better-controlled and lower-emitting 
sources in each source category or subcategory. For new sources, the 
MACT floor cannot be less stringent than the emission control that is 
achieved in practice by the best-controlled similar source. The MACT 
standards for existing sources can be less stringent than standards for 
new sources, but they cannot be less stringent than the average 
emission limitation achieved by the best-performing 12 percent of 
existing sources in the category or subcategory (or the best-performing 
five sources for categories or subcategories with fewer than 30 
sources).
    In developing MACT, we also consider control options that are more 
stringent than the floor. We may establish standards more stringent 
than the floor based on the consideration of the cost of achieving the 
emissions reductions, any non-air quality health and environmental 
impacts, and energy requirements.

C. How Was the Rule Developed?

    We proposed the standards for refractory products manufacturing on 
June 20, 2002 (67 FR 42108). The public comment period lasted from June 
20, 2002 to August 19, 2002. Industry representatives, regulatory 
agencies, environmental groups, and the general public were given the 
opportunity to comment on the proposed rule and to provide additional 
information during the public comment period. We offered at proposal 
the opportunity for oral presentation of data, views, or arguments 
concerning the proposed rule at a public hearing. One organization 
requested a public hearing, but it later withdrew the request, and a 
hearing was not held.
    We received a total of eight public comments on the proposed rule. 
Comments were submitted by three industry trade associations, two 
refractory products manufacturing companies, and two other companies. 
One trade association submitted two sets of comments. The final rule 
reflects our full consideration of all of the comments received. Major 
public comments on the proposed rule, along with our responses to those 
comments, are summarized in this preamble.

II. Summary of the Final Rule

A. What Source Category Is Affected by the Final Rule?

    Today's final rule applies to the Refractory Products Manufacturing 
source category. This source category includes, but is not limited to, 
any facility that manufactures refractory bricks and shapes that are 
produced using an organic HAP compound, pitch-impregnated refractory 
products, fired chromium refractory products, and fired clay refractory 
products. Fired refractory products are those that have undergone 
thermal processing in a kiln.

B. What Are the Affected Sources?

    Today's final rule establishes emission limitations (emission 
limits and operating limits) and work practice standards for several 
types of refractory products manufacturing sources. Table 1 of this 
preamble lists the affected sources that will be subject to today's 
final rule.

  Table 1.--Affected Sources for the Refractory Products Manufacturing
                                  Rule
------------------------------------------------------------------------
        Refractory product type                  Affected sources
------------------------------------------------------------------------
                   Sources subject to emission limits:
------------------------------------------------------------------------
Resin-bonded...........................  Existing and new curing ovens
                                          and kilns.
Pitch-bonded...........................  Existing and new curing ovens
                                          and kilns.

[[Page 18732]]

 
Pitch-impregnated......................  Existing and new defumers and
                                          coking ovens, and new shape
                                          preheaters.
Other formed products that use organic   Existing and new shape dryers
 additives.                               and kilns used to process
                                          refractory shapes that are
                                          made using an organic HAP
                                          compound.
Clay...................................  New kilns.
----------------------------------------
               Sources subject to work practice standards:
------------------------------------------------------------------------
Pitch-impregnated......................  Existing shape preheaters and
                                          existing and new pitch working
                                          tanks.
Chromium...............................  Existing and new kilns.
Clay...................................  Existing kilns.
------------------------------------------------------------------------

C. What Are the Emission Limits?

    Today's final rule specifies separate emission limits for existing 
and new thermal process sources that emit organic HAP and new clay 
refractory products kilns. Facilities that operate thermal process 
sources that emit organic HAP have the option of meeting a total 
hydrocarbon (THC) concentration limit of 20 parts per million by 
volume, dry basis (ppmvd), corrected to 18 percent oxygen, or reducing 
THC mass emissions by at least 95 percent. The sources that will be 
subject to these organic HAP emission limits include new and existing 
shape dryers, curing ovens, kilns, coking ovens, and defumers. In 
addition, new shape preheaters will be subject to these same emission 
limits. For continuous process sources of organic HAP, the format of 
the emission limits is a 3-hour block average. For batch process 
sources, the format of the standard is the average of the 3-hour peak 
THC emissions periods for two test runs.
    For affected new clay refractory products kilns, the final rule 
includes separate emission limits for HF and HCl. For affected 
continuous kilns, you will have to meet an HF emission limit of 0.019 
kilograms per megagram (kg/Mg) (0.038 pounds per ton (lb/ton)) of 
uncalcined clay processed or reduce HF mass emissions by at least 90 
percent. You will also be required to meet an HCl emission limit of 
0.091 kg/Mg (0.18 lb/ton) of product or reduce uncontrolled HCl 
emissions by at least 30 percent. If you own or operate a new affected 
periodic (batch process) clay refractory products kiln, you will be 
required to reduce HF emissions by at least 90 percent and HCl 
emissions by at least 30 percent.

D. What Are the Operating Limits?

    Operating limits are limits on operating parameters of process 
equipment or control devices. Today's final rule specifies process and 
control device operating limits for thermal process sources that emit 
organic HAP and for clay refractory kilns. For each of these operating 
limits, you will be required to measure the appropriate operating 
parameters during the performance test and establish limits on the 
operating parameters based on those measurements. Following the 
performance test, you will be required to monitor those parameters and 
ensure that the established limits are not exceeded.
    For affected thermal process sources that emit organic HAP, we are 
requiring operating limits on the organic HAP processing rate and the 
operating temperatures of your control devices. The operating limit on 
the organic HAP processing rate requires you to maintain the rate at 
which organic HAP are processed in an affected process unit at or below 
the rate measured during the most recent performance test. For sources 
that are controlled with a thermal oxidizer, you will be required to 
establish the operating limit for the combustion chamber temperature. 
For affected sources that are controlled with a catalytic oxidizer, you 
will be required to establish the operating limit for the temperature 
at the inlet of the catalyst bed. Also, you must check the activity 
level of the catalyst at least every 12 months.
    If you have a new clay refractory products kiln that is controlled 
with a dry limestone adsorber (DLA), you will be required to monitor 
continuously the pressure drop across the DLA and check the limestone 
feed hopper and feeder setting at least daily to ensure that the 
limestone is free flowing. You will also be required to document the 
source of the limestone used during the most recent performance test 
and maintain records that demonstrate that the source of limestone has 
not changed.
    If you own or operate a new clay refractory products kiln that is 
controlled with dry lime injection fabric filters (DIFF) or dry lime 
scrubber/fabric filters (DLS/FF), you will be required to install a bag 
leak detection system, initiate corrective action within 1 hour of a 
bag leak detection system alarm, and complete corrective actions 
according to your operation, maintenance, and monitoring (OM&M) plan. 
You will also be required to verify at least once every 8 hours that 
lime is free flowing and record the lime feeder setting daily to 
confirm that the feeder setting is at or above the level established 
during the most recent performance test. If you use a wet scrubber, you 
will be required to establish operating limits for the pressure drop 
across the scrubber, liquid pH, liquid flow rate, and chemical feed 
rate (if applicable).
    If you use a control device or technique listed in today's final 
rule, you may establish operating limits for alternative operating 
parameters subject to prior written approval by the Administrator on a 
case-by-case basis. You will be required to submit the application for 
approval of alternative operating parameters no later than the 
notification of the performance test. You will have to install, 
operate, and maintain the alternative parameter monitoring systems in 
accordance with the application approved by the Administrator.

E. What Are the Work Practice Standards?

    Today's final rule establishes work practice standards for existing 
shape preheaters that are used to produce pitch-impregnated refractory 
products, existing and new pitch working tanks that are used to produce 
pitch-impregnated refractory products, existing and new chromium 
refractory products kilns, and existing clay refractory products kilns.
    If you operate an affected existing shape preheater, you will be 
required to control emissions of POM from the shape preheater by 
cleaning the residual pitch from the surfaces of the baskets or 
containers that are used for holding refractory shapes in a shape 
preheater and autoclave at least every ten impregnation cycles, or by 
ducting the exhaust from the shape preheater to a control device that 
meets the applicable emission limits for thermal process sources of 
organic HAP. If you choose to clean the basket surfaces, you may remove 
residual pitch by abrasive blasting or subject the baskets to a thermal 
process cycle that matches or exceeds the temperature and cycle time of 
the affected shape preheater and is ducted to a thermal or catalytic 
oxidizer that is comparable to the control device for your defumer or 
coking oven. If you choose to duct shape preheater emissions to a 
control device, you may duct the emissions to the coking oven control 
device, defumer control device, or to another thermal or catalytic 
oxidizer that is comparable to the coking oven or defumer controls and 
meets the applicable emission limits for thermal process sources of 
organic HAP.

[[Page 18733]]

    If you have an affected existing or new pitch working tank, you 
must duct the exhaust from the tank to either the coking oven control 
device, the defumer control device, or an equivalent thermal or 
catalytic oxidizer.
    If you have an affected existing or new chromium refractory 
products kiln or an affected existing clay refractory products kiln, 
you must use natural gas, or an equivalent fuel, as the kiln fuel at 
all times except during periods of natural gas curtailment or other 
periods when natural gas is not available.

F. What Are the Testing and Initial Compliance Requirements for Sources 
Subject to Emission Limits?

    Under today's final rule, you must conduct an initial performance 
test on each affected source to demonstrate initial compliance with the 
emission limits. In accordance with 40 CFR 63.7(a)(2), you are required 
to conduct the test within 180 days after the compliance date using 
specified test methods.
    If you have an affected existing or new shape dryer, curing oven, 
kiln, coking oven, or defumer, or a new shape preheater, and you choose 
to comply with the THC concentration limit of 20 ppmvd corrected to 18 
percent oxygen, you must measure emissions of THC in stack gases 
exhausted to the atmosphere using EPA Method 25A of 40 CFR part 60, 
appendix A, Determination of Total Gaseous Organic Concentration Using 
a Flame Ionization Analyzer. You must also measure the oxygen 
concentration of the stack gas using EPA Method 3A of 40 CFR part 60, 
appendix A, Determination of Oxygen and Carbon Dioxide Concentrations 
in Emissions From Stationary Sources (Instrumental Analyzer Procedure). 
If you decide to comply with the 95 percent THC reduction limit, you 
must measure THC mass emissions at the inlet and outlet of the control 
device using EPA Method 25A.
    For continuous process sources, you must conduct a minimum of three 
1-hour test runs. For batch process sources, you must conduct at least 
two test runs. Each batch process test run must be conducted over a 
separate batch cycle, unless you manufacture the product associated 
with the maximum organic HAP processing rate infrequently and it will 
disrupt production to perform the compliance test over multiple process 
cycles. In such cases, you may conduct both runs of the performance 
test simultaneously over a single batch process cycle using paired 
sampling trains.
    Today's final rule requires affected batch process sources to be 
tested throughout two complete batch cycles unless you develop an 
emissions profile or meet certain conditions for terminating a 
performance test run before the completion of the batch cycle. If you 
choose to develop an emissions profile, you must sample THC emissions 
throughout a complete batch cycle, determine the average THC mass 
emissions rate for each hour of the batch cycle, and identify the 3-
hour period of peak THC emissions. During any subsequent test runs, you 
are not required to sample emissions outside that 3-hour period of peak 
THC emissions. During subsequent performance tests, you will have to 
complete at least two test runs, but you will only have to test during 
the 3-hour peak emissions period for each run.
    If you choose not to develop an emissions profile, you may 
terminate testing before the completion of a batch cycle if you meet 
certain conditions. For each of two test runs, you will have to begin 
testing at the start of the batch cycle and continue testing for at 
least 3 hours beyond the precise time when the process reaches peak 
operating temperature. You may stop the test run at that time if you 
can show that the following conditions are met: (1) THC concentrations 
are not increasing over the 3-hour period since the process peak 
temperature was reached; (2) at least 1 hour has passed since any 
reduction in the operating temperature of the control device (thermal 
or catalytic oxidizer); and (3) either the average THC concentration at 
the inlet to the control device for the previous hour has not exceeded 
20 ppmvd, corrected to 18 percent oxygen, or your source met the 
applicable emission limit at the control device outlet during each of 
the previous 3 hours after the process reached peak temperature.
    For both continuous process and batch process performance tests, 
you must conduct performance tests on affected thermal process sources 
under the conditions that will result in the highest levels of organic 
HAP emissions expected to occur for that affected source. You determine 
these ``worst-case'' conditions by taking into account the organic HAP 
processing rate, the process operating temperatures, and the processing 
times. The organic HAP processing rate is the rate at which the mass of 
organic HAP materials contained in refractory shapes are processed in 
an affected thermal process source.
    If you decide to start production of a refractory product that is 
likely to have an organic HAP processing rate that is more than 10 
percent greater than the rate established during the most recent 
performance test, you will be required to conduct a new performance 
test for that product and establish a new operating limit for the 
organic HAP processing rate. You will also have to conduct a new 
performance test on an affected uncontrolled kiln following any process 
changes that are likely to increase kiln emissions of organic HAP.
    If the source is a batch process source and is controlled with a 
thermal or catalytic oxidizer, you may reduce the operating temperature 
of the control device or shut the control device off if you satisfy all 
of the following conditions: (1) You do not use an emissions profile 
and limit testing to the 3-hour peak emissions period; (2) at least 3 
hours have passed since the process unit reached its maximum 
temperature; (3) the applicable emission limit (THC concentration or 
THC percentage reduction) has been met during each of the three 1-hour 
periods since the process reached peak temperature; (4) mass emissions 
of THC have not increased during the 3-hour period since maximum 
process temperature was reached; and (5) either the average THC 
concentration at the inlet to the oxidizer has not exceeded 20 ppmvd, 
corrected to 18 percent oxygen, for at least 1 hour, or the applicable 
emission limit has been met during each of the four 15-minute periods 
immediately following the oxidizer temperature reduction. If you elect 
to shut off or reduce the temperature of a thermal or catalytic 
oxidizer by satisfying these conditions, you may use the results from 
the performance test to establish the time at which the oxidizer for 
that specific source can be shut off (or temperature reduced) during 
the production of other refractory products that use organic HAP. For 
any such product, you must operate the oxidizer at a temperature at 
least as high as that established during the performance test, minus 
16[deg]C (25[deg]F), from the start of the batch cycle until 3 hours 
have passed since the process reached its peak temperature. You will 
have to maintain that oxidizer temperature for the same length of time 
beyond the process peak temperature as during the performance test.
    For each new kiln that manufactures clay refractory products, you 
must measure emissions of HF and HCl using one of three methods: (1) 
EPA Method 26A of 40 CFR part 60, appendix A, Determination of Hydrogen 
Halide and Halogen Emissions from Stationary Sources--Isokinetic 
Method; (2) EPA Method 26 of 40 CFR part 60, appendix A, Determination 
of Hydrogen Halide and Halogen Emissions from Stationary Sources--Non-
isokinetic Method; or (3)

[[Page 18734]]

EPA Method 320 of 40 CFR part 63, appendix A, Measurement of Vapor 
Phase Organic and Inorganic Emissions by Extractive Fourier Transfer 
Infrared (FTIR) Spectroscopy. You can use Method 26 only if the gas 
stream does not contain HF or HCl in the solid phase (e.g., HF as PM or 
HCl as PM). You must conduct the tests for HF and HCl while the 
affected kiln is operating at the maximum production level likely to 
occur. Each test run must last at least 1 hour in duration.
    If you have an affected continuous clay refractory products kiln, 
you must determine initial compliance with the production-based mass 
emission limits for HF and HCl by calculating the mass emissions per 
unit of production for each test run using the mass emission rates of 
HF and HCl and the rate at which uncalcined clay is processed (on a 
fired-product basis), as measured during your performance test. To 
determine initial compliance with any of the percentage reduction 
emission limits, you must measure mass emissions of the specific HAP 
(HF or HCl) at the inlet and outlet of the control device for each test 
run.
    If you have an affected batch process clay refractory kiln, you 
must comply with the percentage reduction limit. You will be required 
to test throughout two complete batch cycles unless you develop an 
emissions profile. If you choose to develop an emissions profile, you 
must sample HF and HCl emissions throughout one complete batch cycle. 
For both continuous and batch process kilns, you must measure and 
record the average uncalcined clay processing rate for each test run.
    If you own or operate an affected new clay refractory products kiln 
that is controlled with a DLA, and you decide to change the source of 
limestone, you must repeat the performance test on the kiln within 60 
days of the date when you begin using limestone from the new limestone 
source.
    In addition to the procedures previously described, you will be 
required to follow the procedures specified in EPA Methods 1 to 4 of 
appendix A of 40 CFR part 60, where applicable. You must perform EPA 
Method 1, Sample and Velocity Traverses for Stationary Sources, (or 
Method 1A) to select the locations of sampling points and the number of 
traverse points. You must perform EPA Method 2, Determination of Stack 
Gas Velocity and Volumetric Flow Rate (Type S Pitot Tube), (or Method 
2A, 2C, 2D, 2F, or 2G) to determine gas velocity and volumetric flow 
rate. You must perform EPA Method 3, Gas Analysis for the Determination 
of Dry Molecular Weight, (or Method 3A or 3B) to determine the exhaust 
gas molecular weight. You must perform EPA Method 4, Determination of 
Moisture Content in Stack Gases, to measure the moisture content of the 
exhaust gas.
    Prior to the initial performance test, you must install any 
continuous parameter monitoring systems (CPMS) that are required for 
demonstrating continuous compliance. During the performance test, you 
must use those CPMS to establish the applicable operating limits (e.g., 
minimum thermal oxidizer combustion chamber temperature).

G. What Are the Initial Compliance Requirements for Sources Subject to 
a Work Practice Standard?

    If you own or operate an affected existing shape preheater, an 
existing pitch working tank, or a new pitch working tank, you must 
select a method for complying with the applicable work practice 
standard and provide a description of that method as part of your 
initial notification, as required by 40 CFR 63.9(b)(2). For affected 
shape preheaters, if you choose to comply with the work practice 
standard by cleaning pitch from basket or container surfaces, you must 
describe in your initial notification the cleaning method. If you 
choose to comply by capturing and ducting emissions from the shape 
preheater to a control device, you must describe the design (e.g., 
thermal oxidizer combustion chamber temperature and residence time) and 
operation of that control device.
    For affected existing or new pitch working tanks, you must 
describe, in your initial notification, the design and operation of the 
control device to which the emissions from the working tank are 
exhausted. You also must verify that the performance of the control 
device is the same as, or is equivalent to, the control device that is 
used to control organic HAP emissions from an affected defumer or 
coking oven.
    For affected new or existing chromium refractory products kilns and 
for existing clay refractory products kilns, you must indicate, in your 
initial notification, the type of fuel used in those kilns.

H. What Are the Continuous Compliance Requirements for Sources Subject 
to Emission Limits?

    Today's final rule requires owners and operators of affected 
sources to demonstrate continuous compliance with each emission 
limitation. You must follow the requirements in your OM&M plan and in 
your startup, shutdown, and malfunction plan (SSMP) and document 
conformance with both plans. For each affected source equipped with an 
add-on air pollution control device (APCD), you must inspect each 
system at least once each calendar year and record the results of each 
inspection. You must install, operate, and maintain each required CPMS 
to monitor the operating parameters established during your initial 
performance test. You must collect all data while the process is 
operational. You will have to operate the CPMS at all times when the 
process is operating. You must also conduct proper maintenance of the 
CPMS, including inspections, calibrations, and validation checks. You 
must repeat any required performance tests at least every 5 years.
    For each affected source, you must monitor and maintain the organic 
HAP processing rate below the level established during the most recent 
performance test. You must also record the process operating 
temperature hourly. For batch process sources, you must record the 
cycle time for each batch cycle. If you decide to start production of a 
refractory product that is likely to have an organic HAP processing 
rate that is more than 10 percent greater than the maximum organic HAP 
processing rate established during the most recent performance test, 
you will have to conduct a new performance test for that product and 
establish a new operating limit for the maximum organic HAP processing 
rate.
    For affected continuous sources that are controlled with a thermal 
oxidizer, you must maintain the 3-hour block average combustion chamber 
temperature at or above the combustion chamber temperature operating 
limit established during the most recent performance test. For affected 
continuous sources that are controlled with a catalytic oxidizer, you 
must maintain the 3-hour block average temperature at the inlet of the 
catalyst bed at or above the corresponding temperature operating limit 
established during the most recent performance test. For affected batch 
process sources that are controlled with a thermal oxidizer, you must 
maintain the average hourly combustion chamber temperature at or above 
the combustion chamber temperature operating limit established during 
the most recent performance test.
    To document compliance with these operating limits for thermal or 
catalytic oxidizers, you must measure and record the specified average 
hourly temperatures. You must also report any average hourly control 
device operating temperature below the operating limit

[[Page 18735]]

established during the most recent performance test.
    If you control emissions from an affected source using process 
modifications or an add-on control device other than a thermal or 
catalytic oxidizer, you must demonstrate continuous compliance by 
operating a THC continuous emission monitoring system (CEMS) in 
accordance with Procedure 1 of 40 CFR part 60, appendix F.
    For new clay refractory kilns that are controlled with a DLA, you 
must monitor continuously the pressure drop across the DLA. You also 
must check the limestone feed hopper and limestone feeder setting daily 
to ensure that there is limestone in the hopper, the limestone is free 
flowing, and the feed rate has not changed. In addition, you must 
continue using the same source of limestone as was used during the most 
recent performance test and maintain records that demonstrate that the 
source of limestone has not changed.
    For new clay refractory kilns that are controlled with a DIFF or 
DLS/FF, you must maintain free-flowing lime in the feed hopper or silo 
at all times. You also must maintain the lime feeder setting at or 
above the level established during the most recent performance test and 
record the feeder setting once each day. You must initiate corrective 
action within 1 hour of a bag leak detection system alarm and complete 
corrective actions according to your OM&M plan.
    For kilns that are controlled with a wet scrubber, you must 
continuously maintain the 3-hour block average scrubber pressure drop, 
scrubber liquid pH, scrubber liquid flow rate, and chemical addition 
rate (if applicable) at or above the corresponding operating limits 
established during the most recent performance test. Finally, you must 
record the uncalcined clay processing rate for all affected kilns.
    If you operate an affected continuous kiln, you may bypass the 
control device and continue operating the kiln during periods of 
scheduled maintenance on the kiln control device, upon approval of the 
permitting authority. However, you must request prior approval from the 
permitting authority before taking the control device offline. You must 
minimize HAP emissions during the period when the control device is 
offline. You must also minimize the time period when the control device 
is offline. Unlike scheduled maintenance, a malfunction of a control 
device must be addressed in your SSMP. As specified in 40 CFR 
63.6(f)(1) and (h)(1), emission standards do not apply during periods 
of startup, shutdown, or malfunction.

I. What Are the Continuous Compliance Requirements for Sources Subject 
to a Work Practice Standard?

    If you have an affected existing shape preheater, an existing pitch 
working tank, or a new pitch working tank, you must perform the 
appropriate work practice, and you must document in your Notification 
of Compliance Status that you have complied with the work practice 
standard, as required by 40 CFR 63.9.
    For affected new or existing chromium refractory products kilns and 
for existing clay refractory products kilns, you must use natural gas, 
or its equivalent, as the kiln fuel, and document the type of fuel 
used. During periods of natural gas curtailment or other periods when 
natural gas is unavailable, you are allowed to use an alternative fuel. 
However, you must meet the notification requirements specified in 40 
CFR 63.9812(f) and the reporting requirements specified in 40 CFR 
63.9814(g). You must also incorporate procedures for using alternative 
fuels in your OM&M Plan.

J. What Are the Notification, Recordkeeping, and Reporting 
Requirements?

    If you have an affected refractory products manufacturing source, 
you must submit initial notifications, notifications of performance 
tests, and notifications of compliance status by the specified dates in 
the final rule, which may vary depending on whether the affected source 
is new or existing. In addition to the information specified in 40 CFR 
63.9(h)(2)(i), you must also include the following in your Notification 
of Compliance Status: (1) The operating limit parameter values 
established for each affected source and a description of the 
procedures used to establish the values; (2) design information and 
analysis demonstrating conformance with requirements for capture and 
collection systems; (3) your OM&M plan, as specified in 40 CFR 63.9794; 
(4) your SSMP; and (5) descriptions of the methods you use to comply 
with any applicable work practice standards. You must submit semiannual 
compliance reports containing statements and information concerning 
emission limitation deviations, out of control CPMS, and periods of 
startup, shutdown, or malfunction when actions consistent with the 
approved SSMP were taken in accordance with 40 CFR 63.6(e)(3).
    If you operate an affected clay or chromium refractory products 
kiln and you must use an alternative fuel due to a natural gas 
curtailment or other interruption of natural gas supply, you must 
submit a notification of alternative fuel use that includes the 
information specified in 40 CFR 63.9812(f). You must submit a report of 
alternative fuel use within 10 working days after terminating the use 
of the alternative fuel. The report must include the information 
specified in 40 CFR 63.9814(g).
    If you operate a continuous kiln that is an affected thermal 
process source of organic HAP or is a new clay refractory products 
kiln, and you must take the control device offline for scheduled 
maintenance, you must request prior approval from the permitting 
authority, as specified in 40 CFR 63.9792(e). In addition, you must 
maintain records of all maintenance activities and the time intervals 
when the control device is offline. Finally, you must incorporate into 
your OM&M plan the procedures for minimizing HAP emissions when the 
control device is out of service.
    For all affected sources, you must maintain records for at least 5 
years from the date on which the data are recorded. You must keep the 
records onsite for at least the first 2 years, but you can store the 
records offsite for the remaining 3 years.

K. What Are the Compliance Deadlines?

    Existing sources must comply within 3 years of the date of 
publication of today's final rule. New or reconstructed sources must 
comply at startup or upon the date of publication of today's final 
rule, depending on their startup date.

III. Summary of Major Changes Since Proposal

A. Emission Limits and Work Practice Standards

    For thermal process sources of organic HAP, we replaced the 
proposed combustion efficiency limit with a 95 percent THC reduction 
limit. We believe that the 95 percent THC reduction limit will result 
in organic HAP emissions reductions that are comparable to the 
reductions that would have been achieved through the proposed 99.8 
percent combustion efficiency limit. Furthermore, percentage reduction 
provides a better measure of the performance of a control device in 
reducing organic emissions than does combustion efficiency, because 
percentage reduction is a direct measure of reductions in THC emissions 
across the control device. In addition, the combination of the proposed 
THC concentration and the percentage reduction limits allows 
considerable flexibility in how owners and operators

[[Page 18736]]

choose to comply with today's final rule.
    The available emission data for the refractory products 
manufacturing industry indicate that sources that are controlled to 
levels above the MACT floor (i.e., more stringent than the MACT floor 
control level) achieve THC emissions reductions of at least 95 percent, 
and sources that are controlled to levels below the MACT floor achieve 
THC emissions reductions that are less than 95 percent. Based on our 
analysis of the data, we concluded that a 95 percent THC reduction 
represents the level of emissions control that is achieved by a thermal 
process source of organic HAP that is controlled to the MACT floor 
level. Additional information on our analysis of the available THC 
emission reduction data is provided in Docket No. OAR-2002-0088.
    We did not propose a percentage THC reduction because we believed 
that testing the inlets of the control devices used on thermal process 
sources of organic HAP was not feasible for most sources. However, 
based on the public comments received on the proposed rule, we believe 
that refractory products manufacturers can measure THC at the inlets 
and outlets of most affected sources. Furthermore, those facilities 
that cannot obtain inlet and outlet measurements still have the option 
of complying with the 20 ppmvd THC emission limit.
    For the proposed rule, we developed HF and HCl emission limits 
based on the emission levels that could be achieved by the best-
controlled kiln in the brick and structural clay products industry. 
Since proposal, we have obtained additional information on the types of 
emission controls used in the brick and structural clay products 
industry to reduce emissions of HF and HCl from kilns. Based on that 
information, we have concluded that the best-controlled similar source 
for clay refractory products kilns is a small brick kiln that is 
controlled with a DLA. A small brick kiln is a kiln with a production 
capacity of less than 9.1 Mg per hour (Mg/hr) (10 tons per hour (tons/
hr)). The data indicate that a DLA can achieve HF emissions reductions 
of 90 percent and HCl emissions reductions of 30 percent. We used those 
emissions reductions to develop the HF and HCl emission limits 
specified in the final rule. The revised emission limits for HF are a 
90 percent reduction or 0.019 kg/Mg (0.038 lb/ton) of uncalcined clay 
processed. For HCl, the revised emission limits are a 30 percent 
reduction or 0.091 kg/Mg (0.18 lb/ton) of uncalcined clay processed.
    For proposal, we based the HF and HCl emission limits for new clay 
refractory products kilns on emission data for a brick kiln that was 
controlled with a DLS/FF. When we developed those proposed emission 
limits, we made no distinction between kiln size and control options. 
However, a review of the emission data for controlled brick kilns 
indicates that kiln size must be considered when determining feasible 
control options for reducing emissions of HF and HCl. For brick kilns 
with production capacities of 9.1 Mg/hr (10 tons/hr) or greater (i.e., 
large kilns), several control devices have been demonstrated to be 
highly effective in reducing HF and HCl emissions. Those controls 
include DLS/FF, DIFF, and wet scrubbers. However, for brick kilns that 
are designed with production capacities below 9.1 Mg/hr (10 tons/hr), 
only the DLA has been demonstrated to be a feasible control option for 
HF and HCl. With DLS/FF, DIFF, and wet scrubbers, it is necessary to 
maintain minimum exhaust gas flow rates for effective HF and HCl 
removal, and those minimum exhaust flow rates are significantly greater 
than the flow rates characteristic of small brick kilns. On the other 
hand, the performance of the DLA is unaffected by exhaust gas flow 
rates through the system, and DLA have been used on small brick kilns. 
Consequently, we have concluded that the best-controlled small brick 
kiln is equipped with a DLA. We have also concluded that clay 
refractory products kilns are similar to small brick kilns because 90 
percent of the clay refractory products tunnel kilns currently in use 
were designed to operate at 4.5 Mg/hr (5 tons/hr) or less, and there 
are no clay refractory products kilns that operate with production 
rates greater than 8.2 Mg/hr (9 tons/hr).
    For existing clay and chromium refractory products kilns, we are 
still requiring limits on the types of fuels that can be used in 
affected kilns. However, we have also included a provision for the 
affected facilities to use alternative fuels during specified times of 
natural gas curtailment and during other times when natural gas is 
unavailable. To comply with this provision, owners or operators of 
affected kilns must notify the permitting authority within 48 hours 
following the declaration of such an emergency or the interruption of 
the natural gas supply. In addition, within 10 working days after the 
facility terminates the use of the alternative fuel, the final rule 
requires submittal of a report that details the dates of alternative 
fuel usage and the amount of alternative fuel used.

B. Compliance Testing

    For batch process sources, we have reduced the minimum number of 
compliance test runs from three to two. We believe that two test runs 
are adequate for characterizing emissions from batch process sources. 
Although we are still requiring a minimum of three 1-hour test runs for 
continuous sources, we believe that it is unnecessary to test batch 
process sources for three runs. Under the final rule, each test run on 
a batch process source will last at least 3 hours, and in most cases a 
test run will last considerably longer (i.e., in excess of 10 hours). 
Thus, even with the reduced number of test runs, an emission test on a 
batch process source will still require a much longer test period than 
a test on a continuous process source. Because of the extensive 
duration of each test run, we believe that a second test run is 
adequate for corroborating the results of the initial test run, and a 
third test run is unnecessary. Many batch process refractory products 
are specialty items that are produced infrequently. Because we are 
requiring each test run to be conducted over a separate batch process 
cycle, it may not be practical, and it may disrupt production of other 
products, to require testing over separate cycles. In some cases, 
conducting the compliance test over multiple process cycles could 
require a testing period of weeks or months, thereby preventing the use 
of the batch process source for manufacturing other refractory 
products. For this same reason, we have included in today's final rule 
a provision for allowing owners and operators to conduct both test runs 
simultaneously over a single batch process cycle using paired sampling 
trains, under certain conditions. Rather than basing compliance on a 
rolling 3-hour average, today's final rule requires compliance for 
batch process sources to be based on emissions over the 3-hour peak 
emissions period.
    For situations in which a facility begins production of a new 
product that constitutes a slight increase in the maximum organic HAP 
processing rate, we are no longer requiring a repeat performance test. 
Specifically, if the organic HAP processing rate for the new product is 
no more than 10 percent greater than the organic HAP processing rate 
established during the most recent compliance test, a repeat 
performance test is not required. We believe this change is appropriate 
for several reasons. The HAP content of some raw materials used in 
refractory products manufacturing can vary slightly from shipment to 
shipment, and those

[[Page 18737]]

variations may be beyond the control of the user. The net increase in 
controlled emissions from a source that uses a material with a slightly 
higher HAP content would most likely be within the measurement error of 
the test method. On the other hand, if the organic HAP processing rate 
for the new product is more than 10 percent greater than the operating 
limit for the maximum organic HAP processing rate, a new compliance 
test must be performed.

C. Control Device Monitoring and Operation

    In the final rule, we have added the requirement that owners or 
operators of affected sources that are controlled with a catalytic 
oxidizer must have the catalyst activity level checked at least every 
12 months and take any necessary corrective action, such as replacing 
the catalyst, to ensure that the catalyst is performing as designed. We 
continue to require catalyst bed inlet temperature monitoring. However, 
we believe this additional requirement is needed because, unlike 
thermal oxidizers, catalytic oxidizer performance cannot be ensured 
simply by monitoring the operating temperature. Catalyst beds can 
become poisoned and rendered ineffective without any apparent change in 
operation. Requiring an annual check of catalyst activity will help to 
identify catalyst poisoning and other potential performance problems 
before they become serious. An activity level check can consist of 
passing an organic compound of known concentration through a sample of 
the catalyst, measuring the percentage reduction of the compound across 
the catalyst sample, and comparing that percentage reduction to the 
percentage reduction for a fresh sample of the same type of catalyst.
    We have made several changes to the monitoring requirements for new 
clay refractory products kilns. We have added monitoring requirements 
for kilns controlled with a DLA. Specifically, owners or operators of 
affected kilns are required to monitor continuously the pressure drop 
across the DLA, check the limestone feed hopper daily to ensure that 
limestone is free flowing, check the limestone feeder setting daily, 
use the same source of limestone as was used during the most recent 
performance test, and maintain records that demonstrate that the source 
of limestone has not changed. We have eliminated the requirement to 
monitor the fabric filter inlet temperature for affected clay 
refractory kilns that are controlled with a DIFF or a DLS/FF. Finally, 
we have eliminated the requirement to monitor the water injection rate 
for kilns that are controlled with a DLS/FF.
    We have also included in the final rule a provision to allow owners 
and operators of affected continuous process kilns to bypass the 
control device and continue operating the kilns during periods when the 
control device is offline for scheduled maintenance. However, the owner 
or operator must request approval from the permitting authority before 
taking the control device out of service. The owner or operator must 
minimize the time periods during which the control device is offline 
and must also minimize HAP emissions from the affected sources during 
these periods. The owner or operator must also maintain records of all 
maintenance activities and the time when the control device was 
offline. In addition, procedures for minimizing HAP emissions during 
periods when the control device is offline must be incorporated into 
the OM&M plan for the kiln.

D. Definitions

    We have modified the definitions of refractory product and research 
and development process unit, and have added definitions for dry 
limestone adsorber, period of natural gas curtailment or supply 
interruption, resin-bonded refractory products, pitch-bonded refractory 
products, and redundant sensor. We also deleted the incorporation by 
reference of the publication ``Industrial Ventilation: A Manual of 
Recommended Practice.''

IV. Summary of Responses to Major Comments

A. MACT Floors

    Comment: One commenter pointed out that more than 30 refractory 
products manufacturing plants have closed permanently over the past 3 
years. The commenter stated that the MACT floors used to develop the 
proposed rule are based on data that no longer reflect the current 
status of the industry. The commenter believes that it is improper for 
us to use the old data while the industry is in the process of 
realignment. In response to a request by us, the same commenter 
provided a list of 35 plants that have closed recently.
    Response: We have reviewed the list of 35 recently closed plants 
provided by the commenter and among those plants, we considered only 
one, the North American Refractories plant in Womelsdorf, PA, to be a 
major or synthetic area source of organic HAP. However, we were aware 
of the impending closure of that particular facility before we 
determined the MACT floors for the proposed rule, and we did not 
include affected sources at that plant in our MACT floor analyses. 
Because we based our determination of the MACT floors for sources of 
organic HAP emissions only on major and synthetic area sources and none 
of those plants has closed, the closing of the 35 plants has no impact 
on the MACT floor analyses used to develop the proposed or final 
NESHAP.

B. Emission Limits

    Comment: One commenter stated that the proposed combustion 
efficiency limit has no relationship to the MACT floors for thermal 
process sources of organic HAP. He believes that the proposed 
combustion efficiency limit is an arbitrary limit based on theoretical 
calculations and is not supported by the data. The commenter also 
stated that we cannot identify any plants that have met a 99.8 percent 
combustion efficiency. He believes that the proposed combustion 
efficiency limit cannot be met by existing sources; consequently, the 
stringency of the 99.8 percent combustion efficiency limit will force 
all affected facilities to meet the alternative proposed limit on THC. 
The same commenter stated that he has been informed by control device 
vendors that sources would have to operate well above the MACT floor 
level of control to meet a 99.8 percent combustion efficiency limit. 
Another commenter agreed that the combustion efficiency limit will 
force the industry to meet the alternative THC limit. Both commenters 
also stated that most of the thermal oxidizers currently used in the 
refractory products manufacturing industry would not be able to meet 
the outlet exhaust gas limitation of 3 percent carbon dioxide that is a 
prerequisite for choosing the combustion efficiency limit compliance 
option. One commenter added that sources controlled with catalytic 
oxidizers would be unable to meet the 99.8 percent combustion 
efficiency limit.
    The same two commenters also commented on the appropriateness of a 
combustion efficiency limit. One of the commenters stated that he 
contacted thermal oxidizer vendors and a trade association that 
represents control device manufacturers and vendors, all of whom stated 
that they were unfamiliar with combustion efficiency. They indicated 
that thermal oxidizer performance guarantees invariably are written in 
terms of destruction and removal efficiency (DRE). The other commenter 
concurred that vendors offer performance guarantees in terms of DRE and 
not in terms of combustion

[[Page 18738]]

efficiency. The commenter stated that he believes that there is no 
known correlation between combustion efficiency and DRE, and he noted 
that we also have made that point on several occasions. Finally, the 
same commenter stated that the Pennsylvania Department of Environmental 
Resources informed him that they do not incorporate emission limits for 
combustion efficiency in their operating permits.
    Response: After reviewing these comments, we have decided not to 
include the combustion efficiency limit in the final rule. Although we 
still maintain that the proposed combustion efficiency limit could be 
achieved by refractory products manufacturing sources that are 
controlled to the MACT floor level, we acknowledge that refractory 
products manufacturing industry personnel, vendors, emission testing 
contractors, and permitting agency personnel may not be familiar with 
the concept of using combustion efficiency as a measure of the control 
of organic pollutants. In addition, combustion efficiency is 
essentially an indicator of control device performance rather than a 
direct measure of emissions reductions or control. There are 
alternatives to a combustion efficiency limit that provide reliable 
measures of control device performance and emissions reductions, and we 
have included one such alternative, a percentage THC reduction, in the 
final rule. We believe that a THC percentage reduction is a more 
appropriate format for an emission limit than is combustion efficiency 
because percentage reduction is a measure of emissions reductions and 
can be related directly to the MACT floor for thermal process sources 
of organic HAP.
    Comment: Two commenters recommended that we consider a limit on DRE 
instead of a combustion efficiency limit. One of the commenters stated 
that control device vendors typically offer performance guarantees in 
terms of a DRE limit, coupled with an outlet concentration limit for 
low-emitting sources. The other commenter stated that an alternative 
limit of 95 percent DRE for THC would be appropriate for the refractory 
products manufacturing industry. One of the commenters evaluated two 
catalytic oxidizers used at his facility. He concluded that the 
oxidizers would be unable to meet a 99.8 percent combustion efficiency 
limit or the proposed THC limit of 20 ppmvd, corrected to 18 percent 
oxygen. However, he believes that both of the catalytic oxidizers he 
evaluated could achieve a DRE of approximately 95 percent. The same 
commenter also disagreed with our statement that a DRE limit would be 
problematic due to the lack of access to control device inlets for 
emission testing on most affected sources. He stated that facilities 
can retrofit existing sources to allow for control device inlet 
testing.
    Response: We agree with the commenters that a DRE limit, which 
generally is referred to as a percentage reduction limit in NESHAP, 
would be appropriate for the refractory products manufacturing 
industry. Consequently, we have decided to incorporate an emission 
limit of 95 percent THC reduction in today's final rule as an 
alternative to the THC emission concentration limit. We believe that 
percentage reduction provides the best measure of the performance of a 
control device in reducing organic emissions. Because percentage 
reduction is a direct measure of emissions reductions, we also believe 
it is more consistent with the MACT floor concept than is the proposed 
combustion efficiency limit. Unlike combustion efficiency, we have THC 
percentage reduction data for several refractory products manufacturing 
sources. By comparing those data to the MACT floor levels established 
by today's rule (see Docket No. OAR-2002-0088), we were able to 
conclude that the 95 percent THC reduction limit that we have 
incorporated into the final rule is representative of the emissions 
reductions that sources controlled to the MACT floor level should be 
able to achieve on a consistent basis.
    Comment: One commenter commented on the fact that the same 
combustion efficiency limit was proposed for several different types of 
thermal process sources, such as periodic kilns, tunnel kilns, dryers, 
and coking ovens. He believes that differences in the operation of 
these various types of sources warrant different emission limits.
    Response: We considered establishing separate emission limits for 
each type of thermal process source of organic HAP. However, the MACT 
floors for both existing and new sources are based on thermal oxidizer 
control, and the MACT floor level thermal oxidizer operating 
temperatures and residence times are similar for the various types of 
thermal process sources. These thermal oxidizers represent relatively 
high levels of control, and based on their design and operating 
parameters, we would not expect there to be significant differences in 
performance levels among them. Furthermore, when the theoretical 
performance levels of these thermal oxidizers are compared, the 
Arrhenius equation predicts that all of them would achieve essentially 
complete control of organic emissions. The available valid emission 
test data on organic emissions from controlled thermal process sources 
of organic HAP also do not support making such distinctions in emission 
limits. Consequently, we decided to establish the same emission limits 
for all types of thermal process sources of organic HAP subject to 
today's final rule.
    Comment: Two commenters stated that the available emission data do 
not support the proposed THC limit of 20 ppmvd. The commenters believe 
that the data support an emission limit of 30 ppmvd THC, based on the 
average THC emission concentration for the available test data on 
controlled kilns.
    Response: To determine the MACT floors and the corresponding 
emission limits for existing sources, we first must consider the number 
of sources in operation at major and synthetic area source facilities. 
In the case of kilns that are used to fire refractory products that 
contain organic HAP, there are fewer than 30 kilns that can be 
considered in establishing the MACT floor. Under section 112(d)(3) of 
the CAA, we must select the average or median of the best-performing 
five sources. In this case, the MACT floor for kilns corresponds to the 
third-best performing kiln.
    To rank kilns in terms of their performance in controlling organic 
HAP emissions, we needed emissions data for each of the best-performing 
kilns. However, we did not have data on emissions of organic HAP (or 
THC as a surrogate for organic HAP) for any of the best-controlled 
kilns. The specific kilns referenced by the commenters are not among 
the best-performing kilns in operation at major or synthetic area 
source facilities, so it would be contrary to the requirements of the 
CAA to average emission data for those kilns, as the commenters 
suggest, because such an average would include data from sources that 
are clearly not among the top five best-performing kilns located at 
major or synthetic area source facilities.
    An alternative approach to determining MACT floors by ranking 
sources according to demonstrated emissions reductions is to rank the 
sources based on the likely performance level of the control devices in 
place. We used this alternative approach to determine the MACT floors 
for organic HAP emissions from thermal process sources. Using the 
Arrhenius equation, we ranked all of the controlled kilns located at 
major or synthetic area source facilities and selected the third-best 
kiln as the MACT floor. However, to develop the 20 ppmvd THC emission 
limit, we did consider all of the available data,

[[Page 18739]]

including the kiln emission data referenced by the commenters. After 
considering the design of the control devices for those kilns and the 
likely variations in emission data, we concluded that the available 
data support a 20 ppmvd THC emission limit.
    Comment: One commenter stated that Congress intended MACT standards 
to be industry-specific, and he objected to the use of data for the 
brick and structural clay products industry to establish emission 
limits for HF and HCl from clay refractory products kilns. The 
commenter stated that it is inappropriate to use data from another 
industry to develop emission limits for the refractory products 
manufacturing industry.
    Response: Section 112(d) of the CAA requires us to establish 
emission limits for new sources based on the performance of the best-
controlled similar source. The CAA does not specify that the similar 
source must be within the same source category. To the contrary, our 
interpretation of section 112(d) is that we are obligated to consider 
similar sources from other source categories in determining the best-
controlled similar source for establishing MACT for new sources.
    For clay refractory products kilns, we concluded that the best-
controlled similar sources are found in the brick and structural clay 
products industry. We believe that brick kilns are similar to clay 
refractory products kilns for several reasons: (1) Most clay refractory 
products are fired in tunnel kilns, as is the case for brick 
manufacturing; (2) in both industries, tunnel kilns are designed to 
have three temperature zones, a preheating or drying zone, a firing 
zone, and a cooling zone; (3) in both industries, unfired shapes 
(bricks or refractories) are loaded onto rail cars and transported 
through each successive temperature zone through a series of timed 
pushes; (4) both clay refractory kilns and brick kilns typically 
operate at peak temperatures of approximately 2000[deg]F; (5) firing 
times in clay refractory and brick kilns are similar; (6) the raw 
materials used in producing bricks (primarily common clay and shale, 
but also fire clay) and clay refractories (primarily fire clay) are 
similar; and (7) at least one refractory products manufacturer fires 
both clay refractory products and brick and structural clay products in 
the same kilns.
    The HF and HCl controls currently used in the brick and structural 
clay products industry are a function of kiln size (i.e., production 
rate). Kilns with production capacities of less than 9.1 Mg/hr (10 
tons/hr) are classified as small kilns, and those with production 
capacities of at least 9.1 Mg/hr (10 tons/hr) are classified as large 
kilns. For small brick kilns, the best-performing source is a kiln 
controlled with a DLA. For large kilns, the best-performing sources are 
those controlled with either a DIFF, DLS/FF, or wet scrubber. Although 
DIFF, DLS/FF, and wet scrubbers generally are more effective than DLA 
in reducing emissions of HF and HCl, large kiln controls require 
minimum exhaust gas flow rates that are significantly higher than the 
flow rates characteristic of small kilns. Consequently, the DLA is the 
only device that has been demonstrated to be feasible for controlling 
HF and HCl emissions from small brick kilns. Using the same size 
classification system, the clay refractory products kilns currently in 
operation would all be classified as small kilns. All operate at less 
than 9.1 Mg/hr (10 tons/hr), and 90 percent operate at no more than 4.5 
Mg/hr (5 tons/hr). Because of the similarities in design and operation 
discussed in the previous paragraph, and taking into account kiln size, 
we have concluded that small brick kilns and clay refractory products 
kilns are similar sources. In the final rule, we are incorporating HF 
and HCl emission limits based on the performance of DLA-controlled 
brick kilns.
    Comment: One commenter expressed concern with how we used data for 
the brick and structural clay products industry to develop emission 
limits for new clay refractory products kilns. He stated that we used 
the same data to propose more stringent HF and HCl limits for new clay 
refractory products kilns than were proposed for new brick and 
structural clay products kilns under the proposed Brick and Structural 
Clay Products NESHAP (67 FR 47894, July 22, 2002). The proposed HF 
emission limit for new brick and structural clay products kilns is 
0.014 kg/Mg (0.027 lb/ton), whereas the proposed HF limit for new clay 
refractory products kilns is 0.001 kg/Mg (0.002 lb/ton). In addition, 
the proposed HCl emission limit for new brick and structural clay 
products kilns is 0.019 kg/Mg (0.037 lb/ton), whereas the proposed HCl 
limit for new clay refractory products kilns is 0.0025 kg/Mg (0.005 lb/
ton).
    Response: In selecting the proposed HF and HCl emission limits for 
new clay refractory products kilns, we reviewed the available emission 
data from the brick and structural clay products industry and selected 
the single best-performing similar source, which was an individual 
brick kiln controlled with a DLS/FF. To select the HF and HCl emission 
limits for brick kilns in the proposed Brick and Structural Clay 
Products NESHAP, we used a different approach based on the overall 
performance of the available control technologies. We reviewed the 
available data and concluded that the three best-performing control 
technologies (DLS/FF, DIFF, and wet scrubbers) are essentially 
comparable in terms of reducing HF and HCl emissions. We also 
considered the variability in the data and selected the percentage 
reductions that we believe all three technologies can achieve on a 
continuous basis according to the available test data. We used those 
percentage reductions, which were 95 percent for HF and 90 percent for 
HCl, to derive the proposed production-based emission limits from the 
emission factors for uncontrolled HF and HCl from brick kilns. Those 
production-based emission limits were 0.014 kg/Mg (0.027 lb/ton) for HF 
and 0.019 kg/Mg (0.037 lb/ton) for HCl. After reconsidering both 
approaches for selecting emission limits, we have concluded that the 
technology-based approach that we used to develop the emission limits 
for the proposed Brick and Structural Clay Products NESHAP is the 
appropriate method for establishing HF and HCl emission limits for new 
clay refractory products kilns.
    In the proposed Brick and Structural Clay Products NESHAP, we also 
subcategorized according to kiln size by differentiating between large 
kilns (i.e., those with production capacities of 9.1 Mg/hr (10 tons/hr) 
or greater) and small kilns (i.e., those with production capacities 
that are less than 9.1 Mg/hr (10 tons/hr)). For today's final rule, we 
have incorporated this same size classification system into our 
determination of the emission limits for new clay refractory products 
kilns. We have concluded that small brick kilns are similar to clay 
refractory products kilns and that the best-controlled similar source 
for clay refractory products kilns is a small brick kiln controlled 
with a DLA. Although there are other technologies that perform well in 
controlling HF and HCl emissions from brick kilns (i.e., DLS/FF, DIFF, 
and wet scrubbers), those control devices have been used only on large 
brick kilns. On the other hand, DLA are currently in use on both large 
and small brick kilns. The available data indicates that a DLA can 
achieve emissions reductions of 90 percent HF and 30 percent HCl on a 
consistent basis. We have applied these emissions reductions to HF and 
HCl data from uncontrolled clay refractory products kilns and are 
incorporating into today's final rule the

[[Page 18740]]

revised emission limits for new clay refractory products kilns. The 
resulting emission limits for HF are a 90 percent reduction or 0.019 
kg/Mg (0.038 lb/ton) of uncalcined clay processed. For HCl, the limits 
are a 30 percent reduction or 0.091 kg/Mg (0.18 lb/ton) of uncalcined 
clay processed.
    Comment: One commenter questioned the need to establish emission 
limits for chromium refractory products kilns. He stated that chromium 
compounds should be treated no differently than any of the other listed 
HAP. He noted that the use of chromium for refractory products 
manufacturing has decreased significantly in recent years, and that our 
own estimates indicate that total chromium compound emissions in 1996 
were less than 10 tpy for the entire industry. He also pointed out that 
the large chromium refractory products facility referenced in the 
proposal has been shut down.
    Response: As noted by the commenter, chromium compounds are one of 
the listed HAP in section 112(b) of the CAA. Chromium, in the form of 
chromite or chromium oxide, is a principal ingredient in the 
formulation of many refractory products and is emitted from kilns that 
fire chromium refractory products. Some of the chromium is emitted in 
the hexavalent form, which is a known human carcinogen. Under section 
112(d) of the CAA, we are required to establish emission standards that 
are at least as stringent as the MACT floor for all listed HAP that are 
emitted from major sources. Consequently, regardless of the trend in 
chromium refractory production, we are required to establish emission 
limits based on the MACT floor level of control, which for chromium 
refractory products kilns is the work practice of firing kilns with 
natural gas or the equivalent.
    Comment: One commenter opposed the provision in the proposed rule 
that limits the types of fuels used to fire clay and chromium 
refractory products kilns. He stated that many refractory products 
manufacturing industry kilns are designed to use fuels other than 
natural gas, such as fuel oil, propane, and pulverized coal. The need 
to use these alternative fuels is of particular importance during 
natural gas shortages or price increases. He pointed out that during 
natural gas shortages, residential users receive priority over 
industrial users of natural gas. He believes that prohibiting the use 
of these alternative fuels could adversely impact the viability of some 
refractory products manufacturing operations.
    Response: We agree with the commenter that the Refractory Products 
Manufacturing NESHAP should include appropriate provisions for the use 
of alternative fuels during specified times of natural gas curtailment 
and other situations when natural gas is unavailable. We consider such 
situations analogous to malfunctions, which are addressed in 40 CFR 
63.6. Just as an exceedance of emission limits during a malfunction is 
not considered a violation, as indicated in 40 CFR 63.6(f)(1) and 
(h)(1), we believe that using other fuels during periods when natural 
gas is unavailable should also not be considered a violation of the 
work practice standard for clay and chromium refractory products kilns. 
We also note that operating permits for existing refractory products 
manufacturing facilities generally allow the use of fuel oil and other 
substitutes for natural gas in some situations. Thus, the MACT floor 
for existing clay and chromium refractory products kilns is the use of 
natural gas or equivalent fuel except during periods when natural gas 
is unavailable.
    In the final rule, we are allowing owners and operators of affected 
chromium and clay refractory products kilns to use alternative fuels 
during periods when natural gas in unavailable due to a supply 
curtailment or other factors. However, we do not believe that natural 
gas price increases constitute such a situation, and the final rule 
makes it clear that natural gas prices cannot be considered the basis 
for a MACT floor that requires using an alternative fuel. The final 
rule also requires owners or operators to notify the regulatory 
authority within 48 hours after the declaration of natural gas 
curtailment or the interruption of natural gas supply. In addition, the 
owner or operator must submit a report that details the dates of 
alternative fuel usage and the amount of alternative fuel used within 
10 working days after the facility terminates the use of the 
alternative fuel.

C. Compliance Testing and Monitoring

    Comment: One commenter stated that the requirement to test batch 
process sources during three separate process cycles is redundant, 
unnecessary, and burdensome. He believes that it would be adequate to 
test one process cycle. He pointed out that there are significant 
variations in product mixes and raw materials from cycle to cycle, and 
that while it could be argued that testing one cycle is adequate, it 
could also be argued that testing ten cycles is inadequate for 
characterizing emissions. He noted that testing during cool-down 
periods, in particular, is unnecessary.
    Response: We agree with the commenter that testing batch process 
sources for three cycles of a ``worst-case'' batch may be unnecessary 
to characterize emissions and control device performance. Under the 
final rule, we are requiring owners and operators of affected batch 
process sources to perform at least two test runs on each of two 
separate process cycles. We believe that a second test run is necessary 
to corroborate the results of the initial test run. However, we also 
note that each test run on a batch process source must be a minimum of 
3 hours in duration, and for many batch process sources, the minimum 
test run duration is likely to be in excess of 10 hours. Thus, even 
requiring only two test runs will necessitate at least 20 hours of 
testing for such sources, and we consider a test of that duration to be 
adequate for demonstrating compliance with emission limits. We also 
note that other NESHAP, such as subparts U, JJJ, OOO, and UUUU to 40 
CFR part 63, do not require batch process sources to be tested for 
three test runs.
    We are also including in the final rule a separate batch process 
testing provision for refractory products that are produced 
infrequently. In such cases, we are allowing owners and operators of 
affected batch process sources to test a single batch process cycle 
using two separate sampling trains simultaneously, rather than 
requiring them to conduct test runs over two separate batch cycles. 
Many refractory products that are produced in batch process sources are 
specialty items that may only be manufactured a few times per year. 
When such products represent the ``worst-case'' in terms of organic HAP 
emissions, requiring multiple test runs over separate process cycles 
could extend the test period over several weeks or months. Production 
of other refractory products could inadvertently be disrupted while the 
facility attempts to complete its compliance demonstration. We also 
point out that requiring performance tests on batch process sources to 
be conducted over no more than a single process cycle is not without 
precedent; at least four other NESHAP (subparts U, JJJ, OOO, and UUUU 
to 40 CFR part 63) require batch process sources to be tested over only 
a single process cycle. To satisfy this provision of today's final 
rule, owners or operators will be required to include in the 
Notification of Performance Test an explanation for why testing two 
separate batch cycles is impractical.
    Comment: Two commenters expressed concern with the requirement that 
the compliance test on an affected source would have to be repeated 
before

[[Page 18741]]

the facility began manufacturing a new product that represents the 
``worst-case'' in terms of organic HAP emissions (i.e., the organic HAP 
processing rate for the new product would exceed the maximum organic 
HAP processing rate established during the most recent performance 
test). One commenter stated that this requirement would be costly, 
time-consuming, and could result in disruptions in production. Another 
commenter further elaborated that production delays could result while 
the facility tries to schedule a performance test. Both commenters 
requested that we specify a level for the allowable changes in the HAP 
content of raw materials and not require a new compliance test when the 
changes in HAP content are below that level. One of the commenters 
stated that a level of 10 percent would be appropriate.
    Response: We agree with the commenters that a new compliance test 
should not be required when a facility begins producing a new product 
that constitutes a slight increase in the maximum organic HAP 
processing rate established during the most recent performance test. We 
have written this provision in the final rule to allow increases in the 
maximum organic HAP processing rate up to 10 percent without triggering 
a new performance test. We believe this is appropriate for two reasons. 
The HAP content of some raw materials (e.g., resins or binders) used in 
refractory products manufacturing can vary slightly from shipment to 
shipment, and those variations may be beyond the control of the user. 
Even if the HAP content of the resin or binder is 10 percent more than 
the HAP content of the same material that was processed during the 
compliance test, the net increase in controlled emissions would most 
likely be within the measurement error of the test method. Therefore, 
we believe it is reasonable to allow increases of up to 10 percent in 
the organic HAP processing rate without requiring a new compliance 
test.
    Comment: Two commenters questioned the requirement for monitoring 
catalytic oxidizer temperatures at the inlet to the catalyst bed. Both 
commenters stated that monitoring the catalyst bed outlet temperatures 
would be a much better indicator of performance.
    Response: We disagree with the commenters that monitoring catalyst 
bed outlet temperatures would provide a better indication of catalyst 
oxidizer performance than monitoring catalyst bed inlet temperatures. 
Monitoring catalyst bed inlet temperatures ensures that the inlet gas 
stream is heated to the minimum temperature at which catalytic 
oxidation will occur. Above this minimum temperature, as temperature 
increases through catalytic oxidization, control (destruction) 
efficiency increases. We also note that the monitoring of inlet 
temperature must be performed at the inlet to the catalyst bed and not 
at the inlet to the oxidizer itself. After passing through the inlet to 
the oxidizer, the waste gases pass through a preheat zone, which raises 
the temperature to the minimum required for catalytic oxidization. 
Monitoring must take place between this preheat zone and the inlet to 
the catalyst bed. We do not believe that monitoring catalyst bed outlet 
temperatures would be appropriate for two reasons: (1) Catalyst bed 
outlet temperature is more of an indicator of the concentration of 
organics in the inlet gas stream; the higher the organic concentration 
at the inlet, the higher the bed outlet temperature; and (2) some 
catalytic oxidizers are equipped with heat recovery units that are 
located at the outlet of the catalyst bed and can interfere with bed 
outlet temperature monitoring. Consequently, we have concluded that 
monitoring the bed inlet temperature is a better indicator of the 
performance of catalytic oxidizers than bed outlet temperature 
monitoring. We continue to require catalyst bed inlet temperature 
monitoring in the final rule. In addition, we are requiring owners or 
operators of affected sources that are controlled with catalytic 
oxidizers to measure the activity of the catalyst bed at least every 12 
months and take whatever corrective action is needed, such as replacing 
the catalyst, to ensure that the catalyst is performing as designed.

D. Economic and Environmental Impacts

    Comment: Two commenters disagreed with our estimates of the annual 
increase in energy costs that would be associated with the proposed 
NESHAP. One of the commenters stated that, based on our estimated 
annual energy costs of $569,800 and estimated annual natural gas 
consumption of 644 million cubic feet (644 x 10\6\ ft\3\), the unit 
price for natural gas would be $0.89 per thousand standard cubic feet 
(scf) ($/1,000 scf) without accounting for electricity costs. If the 
cost of electricity is considered, the resulting unit price for natural 
gas would be even lower. He pointed out that current unit prices for 
natural gas are considerably higher. The average natural gas unit 
prices in four States (Kentucky, Missouri, Indiana, and Pennsylvania) 
for the years 2000 to 2002 ranged from $6.34 to $6.97/1,000 scf and 
averaged $6.37/1,000 scf for the four States. Based on data from the 
Department of Energy's Energy Information Administration (DOE-EIA), one 
of the commenters stated that the average unit price for natural gas in 
2001 was $4.56/1,000 scf. The commenter believes that, regardless of 
which of these current unit prices are used, the estimated annual 
energy costs should have been several times greater.
    Response: After reviewing our estimated annual energy costs, we 
discovered an error in our estimate that an additional 644 x 10\6\ 
ft\3\ of natural gas would be consumed annually under the proposed 
NESHAP. That estimate was based on the inclusion of several sources 
that would not have been subject to the final rule. However, we did not 
use that figure (644 x 10\6\ ft\3\) to estimate annual energy costs. 
Our estimated annual energy costs were based on the assumption that 
annual natural gas consumption would increase by 158 x 10\6\ ft\3\. 
That figure was derived from the models used to estimate annual control 
costs, and we believe that figure is accurate. Using a consumption of 
158 x 10\6\ ft\3\ of natural gas per year and a natural gas unit price 
of $3.30/1,000 scf, we estimated the cost of natural gas to be 
$520,200/yr. The difference between this cost and the total energy 
costs presented in the preamble to the proposed rule ($569,800) is the 
cost of electricity, which we estimated to be approximately $49,600/yr.
    We agree with the commenters that current natural gas unit prices 
are considerably higher than the unit price ($3.30/1,000 scf) that we 
used to estimate energy costs for the proposed rule. However, according 
to DOE-EIA, natural gas prices are projected to drop back to their pre-
1999 levels within a year and remain below $4.00/1,000 scf until the 
year 2020. Natural gas unit prices are projected to average $3.45/1,000 
scf for the years 2006 to 2009, which represent the first 3 years in 
which facilities will be required to comply with the Refractory 
Products Manufacturing NESHAP. This average unit price is only slightly 
higher than the unit price of $3.30/1,000 scf that we used to estimate 
energy costs for the proposed rule. Furthermore, electricity prices are 
projected by DOE-EIA to average $0.043 per kilowatt-hour (kw-hr) for 
the same 3-year period, whereas our estimated energy costs were based 
on electricity unit prices of $0.059/kw-hr. Using those projected unit 
prices for natural gas and electricity, our energy costs for the 
proposed rule would have been $580,000, as compared to the figure of 
$569,800 reported in the preamble to the proposed rule. (See

[[Page 18742]]

Docket No. OAR-2002-0088 for additional information).
    Comment: Two commenters stated that the proposed Refractory 
Products Manufacturing NESHAP does not account for the current economic 
status of the refractory products manufacturing industry. One of the 
commenters noted that approximately 40 percent of the domestic steel 
industry is in bankruptcy, and the steel industry accounts for about 60 
percent of the domestic refractory products market. He also pointed out 
that three major refractory products manufacturing companies are in 
bankruptcy, more than 30 plants have permanently closed in recent 
years, and pressure from foreign competition in the refractory products 
market is increasing. The other commenter reiterated the statements of 
the first commenter regarding bankruptcies among major domestic 
refractory producers and the increase in foreign competition.
    Response: During the early stages of regulatory development, we 
issued an information collection request (ICR) to the refractory 
products manufacturing industry. Our economic impact analysis (EIA) 
makes use of detailed facility-level data on production for the year 
1997 obtained from the industry's responses to the ICR. This 
information, along with publically available data (i.e., U.S. Census 
Bureau), was used at proposal to construct a model of the markets for 
refractory products that is consistent with market, facility, and 
company conditions in 1997. Because the ICR provided data only for 
1997, we are limited in our ability to update the model completely to 
reflect conditions in later years. However, for the final rule we have, 
to the extent practicable, updated the economic model to reflect 
current market conditions, including: (1) The exclusion of refractory 
manufacturing facilities known to have closed since the base year of 
1997; (2) the assumption that producers will absorb the full cost of 
the rule; with only six out of 147 producers affected by the rule and 
the financial stress on the industry, we assume producers will be 
unable to increase market prices to recover some of their increase in 
production costs; and (3) the incorporation of parameters from a recent 
update of an iron and steel model to inform the estimated demand for 
refractories (i.e., the demand elasticity, or the sensitivity of demand 
from the steel market based on market conditions in the iron and steel 
industry). The iron and steel model was specifically revised to address 
current conditions in the steel industry.
    We also acknowledged in the EIA at proposal that both steel and 
refractory manufacturing companies are currently under financial 
stress. In the EIA, we discussed several trends that have placed 
considerable pressure on refractory manufacturers, including reduced 
production by integrated domestic steelmakers, improved quality of 
refractories (thus requiring less frequent replacement), and increased 
imports of refractory products.
    We note that the vast majority of facilities in the industry (both 
foreign and domestic producers) are unaffected by the rule. The 
regulatory costs of the rule are approximately $2 million per year, 
which represents a small share of total industry production costs of 
approximately $2,300 million per year. In the model for the final rule, 
prices are not predicted to change, and the quantities of refractories 
produced are projected to decrease by 3,792 tons. It is assumed that 
the loss in domestic production will be absorbed by foreign imports. 
Our analysis concludes these six facilities incurring regulatory costs 
will absorb the majority of the costs and burden of the rule, with one 
facility projected to close as a result of the rule. At the parent 
company level, the costs uniformly are less than 1 percent of baseline 
corporate sales. Overall, we have adjusted the economic model to 
address the issues raised by the commenters, and we believe that the 
final rule will have a limited impact on the refractory products 
manufacturing industry.

E. Definitions

    Comment: Two commenters commented on how the term refractory 
product is defined in the proposed rule. Both commenters stated that, 
based on this definition, some graphite manufacturing sources could be 
confused with certain refractory products manufacturing sources that 
would be affected by the final rule. It is their understanding that we 
intend to develop a separate NESHAP for the graphite manufacturing 
industry, and graphite manufacturing sources, although similar to some 
refractory products manufacturing sources, would not be subject to the 
Refractory Products Manufacturing NESHAP. The commenters suggested 
adding the phrase, ``. . . containing less than 50 percent carbon'' to 
the definition of refractory product.
    Response: We agree with the commenters that the definition of 
refractory product in the proposed rule could inadvertently affect 
certain graphite manufacturing sources. Consequently, we have written 
the definition as requested by the commenters. In addition, we are 
including a definition for pitch-bonded refractory products in the 
final rule. We believe that definition will help to preclude graphite 
baking ovens, which are not subject to today's final rule, from being 
classified as pitch-bonded curing ovens, which are regulated under 
today's final rule.
    Comment: One commenter commented on how the term research and 
development process unit is defined in the proposed rule. The commenter 
stated that the proposed definition is inconsistent with the definition 
of research and development facilities specified in section 112(c)(7) 
of the CAA, 40 CFR 63.41, and several other NESHAP published in 40 CFR 
part 63. The difference between those definitions and the proposed 
definition specified in the Refractory Products Manufacturing NESHAP is 
the exclusion of the phrase ``in a de minimis manner'' from the 
proposed rule.
    Response: We agree with the commenter that the definition of 
research and development process unit in the Refractory Products 
Manufacturing NESHAP should be consistent with the definition of 
research facilities in the CAA and in other rules. We have written the 
definition of research and development process unit as suggested by the 
commenter.

V. Summary of Impacts

A. What Are the Health Impacts?

    The HAP that will be controlled by today's final rule are 
associated with a variety of adverse health effects. These adverse 
health effects include chronic health disorders (e.g., irritation of 
the lung, skin, and mucous membranes, gastrointestinal effects, and 
damage to the kidneys and liver) and acute health disorders (e.g., 
respiratory irritation and central nervous system effects such as 
drowsiness, headache, and nausea). The EPA has classified two of the 
HAP (formaldehyde and POM) as probable human carcinogens.
    The EPA does not have the type of current detailed data on each of 
the facilities and the people living around the facilities covered by 
today's final rule for this source category that would be necessary to 
conduct an analysis to determine the actual population exposures to the 
HAP emitted from these facilities and the potential for resultant 
health effects. Therefore, EPA does not know the extent to which the 
adverse health effects described above occur in the populations 
surrounding

[[Page 18743]]

these facilities. However, to the extent the adverse effects do occur, 
and today's final rule reduces emissions, subsequent exposures will be 
reduced.
    Following is a discussion of the health effects of seven HAP: 
ethylene glycol, formaldehyde, HF, HCl, methanol, phenol, and POM. 
Although today's rule will reduce emissions of HF and HCl from any new 
clay refractory product kilns that emit these HAP, it will not reduce 
emissions of these HAP from existing kilns. We estimate that emissions 
of methanol from affected existing thermal process sources of organic 
HAP (i.e., shape dryers, curing ovens, and kilns) also will not be 
reduced by today's final rule. However, methanol is a constituent of 
some resins used in resin-bonded refractory production, and today's 
final rule will regulate methanol emissions from any affected source 
that produces refractory products made with resins that contain 
methanol.
Ethylene Glycol
    Acute (short-term) exposure of humans to ethylene glycol by 
ingesting large quantities causes central nervous system depression 
(including drowsiness and respiratory failure), gastrointestinal upset, 
cardiopulmonary effects, and renal damage. The only effects noted in 
the one available study of humans acutely exposed to low levels of 
ethylene glycol by inhalation were throat and upper respiratory tract 
irritation. Rats and mice exposed chronically (long-term) to ethylene 
glycol in their diet exhibited signs of kidney toxicity and liver 
effects. No information is available on the reproductive or 
developmental effects of ethylene glycol in humans, but several studies 
of rodents have shown ethylene glycol to be fetotoxic. The EPA has not 
classified ethylene glycol for carcinogenicity.
Formaldehyde
    Both acute and chronic exposure to formaldehyde irritates the eyes, 
nose, and throat, and may cause coughing, chest pains, and bronchitis. 
Reproductive effects, such as menstrual disorders and pregnancy 
problems, have been reported in female workers exposed to formaldehyde. 
Limited human studies have reported an association between formaldehyde 
exposure and lung and nasopharyngeal cancer. Animal inhalation studies 
have reported an increased incidence of nasal squamous cell cancer. The 
EPA considers formaldehyde a probable human carcinogen (Group B2).
Hydrogen Fluoride
    Acute inhalation exposure to gaseous HF can cause severe 
respiratory damage in humans, including severe irritation and pulmonary 
edema. Chronic exposure to fluoride at low levels has a beneficial 
effect of dental cavity prevention and may also be useful for the 
treatment of osteoporosis. Exposure to higher levels of fluoride may 
cause dental fluorosis or mottling, while very high exposures through 
drinking water or air can result in crippling skeletal fluorosis. One 
study reported menstrual irregularities in women occupationally exposed 
to fluoride. The EPA has not classified HF for carcinogenicity.
Hydrogen Chloride
    Hydrogen chloride, also called hydrochloric acid, is corrosive to 
the eyes, skin, and mucous membranes. Acute inhalation exposure may 
cause eye, nose, and respiratory tract irritation and inflammation and 
pulmonary edema in humans. Chronic occupational exposure to HCl has 
been reported to cause gastritis, bronchitis, and dermatitis in 
workers. Prolonged exposure to low concentrations may also cause dental 
discoloration and erosion. No information is available on the 
reproductive or developmental effects of HCl in humans. In rats exposed 
to HCl by inhalation, altered estrus cycles have been reported in 
females, and increased fetal mortality and decreased fetal weight have 
been reported in offspring. The EPA has not classified HCl for 
carcinogenicity.
Methanol
    Acute or chronic exposure of humans to methanol by inhalation or 
ingestion may result in blurred vision, headache, dizziness, and 
nausea. No information is available on the reproductive, developmental, 
or carcinogenic effects of methanol in humans. Birth defects have been 
observed in the offspring of rats and mice exposed to methanol by 
inhalation. A methanol inhalation study using rhesus monkeys reported a 
decrease in the length of pregnancy and limited evidence of impaired 
learning ability in offspring. The EPA has not classified methanol with 
respect to carcinogenicity.
Phenol
    Acute inhalation and dermal exposure to phenol is highly irritating 
to the skin, eyes, and mucous membranes in humans. Oral exposure to 
small amounts of phenol may cause irregular breathing, muscular 
weakness and tremors, coma, and respiratory arrest at lethal 
concentrations. Anorexia, progressive weight loss, diarrhea, vertigo, 
salivation, and a dark coloration of the urine have been reported in 
chronically exposed humans. Gastrointestinal irritation and blood and 
liver effects have also been reported. No studies of developmental or 
reproductive effects of phenol in humans are available, but animal 
studies have reported reduced fetal body weights, growth retardation, 
and abnormal development in the offspring of animals exposed to phenol 
by the oral route. The EPA has classified phenol in Group D, not 
classifiable as to human carcinogenicity.
Polycyclic Organic Matter
    The term polycyclic organic matter defines a broad class of 
compounds that includes the polycyclic aromatic hydrocarbon (PAH) 
compounds, of which benzo[a]pyrene is a member. Dermal exposures to 
mixtures of PAH cause skin disorders in humans and animals. No 
information is available on the reproductive or developmental effects 
of POM in humans, but animal studies have reported that oral exposure 
to benzo[a]pyrene causes reproductive and developmental effects. Human 
studies have reported an increase in lung cancer in humans exposed to 
POM-bearing mixtures including coke oven emissions, roofing tar 
emissions, and cigarette smoke. Animal studies have reported 
respiratory tract tumors from inhalation exposure to benzo[a]pyrene and 
forestomach tumors, leukemia, and lung tumors from oral exposure to 
benzo[a]pyrene. The EPA has classified seven PAH compounds 
(benzo[a]pyrene, benz[a]anthracene, chrysene, benzo[b]fluoranthene, 
benzo[k]fluoranthene, dibenz[a,h]anthracene, and indeno[1,2,3-
cd]pyrene) as Group B2, probable human carcinogens.

B. What Are the Air Emission Reduction Impacts?

    At the current level of control and 1996 production levels, we 
estimate nationwide emissions of HAP from the refractory products 
manufacturing industry to be about 246 Mg/yr (271 tpy). For the eight 
refractory products facilities that we estimate to be major sources, 
baseline annual HAP emissions are about 153 Mg/yr (169 tpy). We 
estimate that today's final rule will reduce nationwide HAP emissions 
by about 124 Mg/yr (137 tpy).
    Among the major sources, POM emissions account for approximately 60 
percent of the total annual HAP emissions. Phenol, HF, HCl, and 
ethylene glycol account for 13 percent, 10 percent, 7 percent, and 7 
percent of total annual HAP emissions,

[[Page 18744]]

respectively. Formaldehyde and chromium compounds each account for less 
than 1 percent of total baseline annual HAP emissions. Today's final 
rule will reduce annual POM emissions by as much as 90 Mg/yr (99 tpy). 
Emissions of phenol and ethylene glycol will be reduced by 
approximately 19 Mg/yr (21 tons/year) and 11 Mg/yr (12 tpy), 
respectively. Implementing today's rule will also reduce volatile 
organic compound (VOC) and carbon monoxide (CO) emissions by 166 Mg/yr 
(182 tpy) and 71 Mg/yr (78 tpy), respectively. The final rule will 
result in an increase in annual nitrogen oxides (NOX) 
emissions of about 79 Mg/yr (87 tpy) due to the operation of additional 
thermal oxidizers to control organic HAP emissions.
    Indirect or secondary air impacts of today's final rule result from 
increased electricity usage associated with operation of control 
devices required by the rule. Assuming that affected plants will 
purchase electricity from a power plant, we estimate that the final 
rule will result in increases of secondary emissions of criteria 
pollutants, including particulate matter less than 10 micrometers in 
aerodynamic diameter (PM-10), sulfur dioxide (SO2), 
NOX, and CO from power plants. Under today's final rule, 
secondary PM-10 emissions will increase by 0.22 Mg/yr (0.24 tpy); 
secondary SO2 emissions will increase by about 8.9 Mg/yr 
(9.8 tpy); secondary NOX emissions will increase about 4.5 
Mg/yr (4.9 tpy); and secondary CO emissions will increase by about 0.15 
Mg/yr (0.16 tpy).
    We estimate that there will be no new sources within the refractory 
products manufacturing industry within the next 3 years. Therefore, we 
are not projecting air impacts for new sources under today's final 
rule.

C. What Are the Cost Impacts?

    The estimated total capital costs of today's final rule are $4.6 
million. These capital costs apply to existing sources and include the 
costs to purchase and install thermal oxidizers on affected sources 
that are not currently controlled. The estimated annualized cost of 
today's final rule is $2.3 million. The annualized costs account for 
the annualized capital costs of the control and monitoring equipment, 
operation and maintenance expenses, performance testing, and 
recordkeeping and reporting costs.

D. What Are the Economic Impacts?

    Given the estimated costs to comply with the regulation, we 
prepared an economic analysis to evaluate how these costs would impact 
producers and consumers of refractories, and society as a whole. The 
refractory products manufacturing industry currently consists of 147 
establishments. There are eight major sources in the industry affected 
by the rule, six of which will incur costs to reduce emissions and 
report compliance, and two of which only incur minor recordkeeping and 
reporting costs. In recent years, the industry has experienced 
substantial financial stress that coincides with the decline in the 
steel industry, which is a major consumer of refractory products. Since 
our analysis at proposal, the number of facilities in operation has 
decreased by 14 due to bankruptcies or closures.
    The industry consists of three market sectors, including: bricks 
and shapes, monolithics, and RCF. In 1997, the industry produced about 
two million tons of bricks and shapes, 870,000 tons of monolithics, and 
about 34,000 tons of RCF for a total market value of approximately two 
billion dollars.
    The total annualized regulatory compliance cost of the rule is $2.3 
million (in 1998 dollars), which represents 0.001 percent of total 
market value. Because foreign competition currently has a strong 
influence on this industry, and only six out of 147 producers are 
affected by the rule, our analysis of the final rule assumes that 
producers of bricks and shapes will not be able to increase prices to 
recover a portion of the compliance costs. Thus, these producers are 
assumed to absorb the full cost of the regulation, which represents the 
maximum potential impact on producers. If prices happen to rise as a 
result of the regulation, impacts on producers will be lower than 
reported here.
    Our analysis predicts that domestic production of bricks and shapes 
will decrease by approximately 4,000 tons (or 2/10ths of one percent). 
Foreign imports are assumed to absorb this loss in domestic production, 
which represents approximately two percent of total foreign imports. 
The monolithics and RCF sectors of the market are not subject to the 
rule and thus no price or production level changes are predicted. After 
accounting for the changes in the market for refractories and the 
increase in foreign imports, the total cost of the regulation on 
society as a whole is approximately $2 million.
    Of the eight plants affected by the rule, one facility may close 
due to regulatory costs. The estimated regulatory cost to this facility 
assumes the use of add-on controls, which would exceed the total 
revenues of this facility, hence our model estimates that it would 
close. However, we recognize that this facility, as well as the other 
affected facilities, have several options to change input materials, or 
attributes of their production process such that they could 
substantially reduce the cost associated with add-on control 
technology. Without explicit knowledge of decisions to be made by this 
and other facilities in response to the regulation, our analysis 
assumes that only add-on control technology will be installed.

E. What Are the Non-Air Quality Environmental and Energy Impacts?

    To comply with today's final rule, we expect that affected 
facilities will control organic HAP emissions by installing and 
operating thermal oxidizers. Therefore, we project that today's rule 
will have no water or solid waste impacts.
    Energy impacts consist of the electricity and fuel needed to 
operate control devices and other equipment that are required under the 
final rule. Assuming that affected facilities comply with the final 
rule by installing and operating thermal oxidizers, we project that 
today's final rule will increase overall energy demand (i.e., 
electricity and natural gas) by about 280 thousand gigajoules per year 
(265 billion British thermal units per year). Electricity requirements 
are expected to increase by about 1,570 megawatt-hours per year under 
today's rule. Natural gas requirements are expected to increase by 
about 7 million cubic meters per year (250 million cubic feet per year) 
under today's final rule.

VI. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), EPA 
must determine whether the regulatory action is ``significant'' and, 
therefore, subject to review by the Office of Management and Budget 
(OMB) and the requirements of the Executive Order. The Executive Order 
defines ``significant regulatory action'' as one that is likely to 
result in a rule 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 entitlements, grants, 
user fees,

[[Page 18745]]

or loan programs, or the rights and obligation 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 this rule is not a ``significant regulatory action'' 
because none of the listed criteria applies to this action. 
Consequently, this action was not submitted to OMB for review under 
Executive Order 12866.

B. Paperwork Reduction Act

    The information collection requirements in the final rule will be 
submitted for approval to OMB under the requirements of the Paperwork 
Reduction Act, 44 U.S.C. 3501 et seq. The EPA has prepared an 
Information Collection Request (ICR) document (ICR No. 2040.01), and a 
copy may be obtained from Susan Auby by mail at U.S. EPA, Office of 
Environmental Information, Collection Strategies Division (MD-2822T), 
1200 Pennsylvania Avenue, NW., Washington, DC 20460; by e-mail at 
[email protected]; or by calling (202) 566-1672. You may also download 
a copy off the Internet at http://www.epa.gov/icr. The information 
requirements are not enforceable until OMB approves them.
    The information requirements are based on notification, 
recordkeeping, and reporting requirements in the NESHAP General 
Provisions (40 CFR part 63, subpart A), which are mandatory for all 
operators subject to national emission standards. These recordkeeping 
and reporting requirements are specifically authorized by section 114 
of the CAA (42 U.S.C. 7414). All information submitted to EPA pursuant 
to the recordkeeping and reporting requirements for which a claim of 
confidentiality is made is safeguarded according to EPA's policies set 
forth in 40 CFR part 2, subpart B.
    With two exceptions, the final rule will not require any 
notifications, reports, or recordkeeping beyond those required by the 
NESHAP General Provisions. The first exception applies to facilities 
that operate sources that are subject to limits on the type of fuel 
used. In such cases, the owner or operator may use an alternative fuel 
under certain conditions but must submit a notification before using 
the alternative fuel, must report on alternative fuel use after 
terminating use of the alternative fuel, and must maintain records of 
alternative fuel use. The second exception pertains to continuous 
kilns; the final rule requires reporting and recordkeeping whenever the 
control device used on a continuous kiln is taken offline for scheduled 
maintenance.
    The annual monitoring, reporting, and recordkeeping burden for this 
collection of information (averaged over the first 3 years after the 
effective date of the rule) is estimated to be 726 labor hours per year 
at a total annual cost of $31,460. This burden estimate includes time 
for acquisition, installation, and use of monitoring technology and 
systems; preparation and a one-time submission of an SSMP, with 
immediate reports for any event when the procedures in the plan were 
not followed; preparation of an OM&M plan; one-time notifications; 
semiannual compliance reports; and recordkeeping. Total annualized 
capital/startup costs associated with the monitoring requirements 
(e.g., costs for hiring performance test contractors and purchase of 
monitoring and file storage equipment) over the 3-year period of the 
ICR are estimated at $45,390, with operation and maintenance costs of 
$910/yr.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements; 
train personnel to be able to respond to a collection of information; 
search data sources; complete and review the collection of information; 
and transmit or otherwise disclose the information.
    An Agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a current 
valid OMB control number. The OMB control numbers for EPA's regulations 
are listed in 40 CFR part 9 and 48 CFR chapter 15.

C. Regulatory Flexibility Act (RFA)

    The EPA has determined that it is not necessary to prepare a 
regulatory flexibility analysis in connection with the final rule. The 
EPA has also determined that the rule will not have a significant 
economic impact on a substantial number of small entities. For purposes 
of assessing the impact of today's rule on small entities, small 
entities are defined as: (1) A small business whose parent company has 
fewer than 500 employees, according to Small Business Administration 
size standards established under the NAICS for the industries affected 
by today's rule; (2) a small governmental jurisdiction that is a 
government or a city, county, town, school district or special district 
with a population of less than 50,000; or (3) a small organization that 
is any not-for-profit enterprise that is independently owned and 
operated and is not dominant in its field.
    After considering the economic impacts of today's final rule on 
small entities, EPA has concluded that this action will not have a 
significant economic impact on a substantial number of small entities. 
We have determined that of the six facilities affected by the rule, 
there is one facility owned by a small company that will experience an 
impact of less than one-half of one percent (<0.50 percent) of company 
sales.
    Although the final rule will not have a significant economic impact 
on a substantial number of small entities, EPA nonetheless has tried to 
reduce the impact of the rule on small entities. However, we were 
unable to identify any specific requirements of the final rule that we 
could relax to reduce the burden of today's rule on small entities. If 
the final rule had established emission limits more stringent than the 
MACT floor, we could have reduced the stringency of the emission limits 
for small entities. However, the emission limits established by today's 
rule are based on the MACT floor, which is the minimum level of 
stringency allowed under section 112 of the CAA. Today's rule does 
provide two options for owners and operators of affected thermal 
process sources of organic HAP. Thus, the one small entity that is 
affected by today's rule can choose to comply with either of two 
organic HAP emission limits. Having the choice between compliance 
options will provide small business with some measure of flexibility in 
how it chooses to comply with the final rule.
    Today's rule requires continuous parameter monitoring rather than 
continuous emission monitoring. We believe that the parameter 
monitoring requirements we have incorporated in the final rule satisfy 
the requirements of section 114(a)(3) of the CAA for enhanced 
monitoring without the additional expense that would have been 
associated with continuous emission monitoring. Finally, the reporting 
and recordkeeping requirements of today's rule are consistent with the 
requirements of the General Provisions to 40 CFR part 63. For these 
reasons, we believe that today's rule satisfies the requirements of

[[Page 18746]]

the CAA without imposing any unnecessary burden on small businesses or 
any other affected entity.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law No. 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 by 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's 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 today's 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 the aggregate, or the 
private sector in any 1 year. The maximum total annual cost of today's 
final rule for any year has been estimated to be approximately $2.3 
million. Thus, this final rule is not subject to the requirements of 
sections 202 and 205 of the UMRA. In addition, EPA has determined that 
this final rule contains no regulatory requirements that might 
significantly or uniquely affect small governments because it contains 
no requirements that apply to such governments or impose obligations 
upon them. Therefore, today's final rule is not subject to the 
requirements of section 203 of the UMRA.

E. 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 final rule does not have federalism implications. It 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. None of the affected facilities 
is owned or operated by State governments, and the rule requirements 
will not supercede State regulations that are more stringent. Thus, 
Executive Order 13132 does not apply to the rule.

F. 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 9, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' The final rule does not have 
tribal implications, as specified in Executive Order 13175. It will 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. No 
tribal governments own or operate refractory products manufacturing 
facilities. Thus, Executive Order 13175 does not apply to the final 
rule.

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

    Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any 
rule that: (1) Is determined to be ``economically significant'' as 
defined under Executive Order 12866, and (2) concerns an environmental 
health or safety risk that EPA has reason to believe may have a 
disproportionate effect on children. If the regulatory action meets 
both criteria, EPA must evaluate the environmental health or safety 
effects of the planned rule on children, and explain why the planned 
rule is preferable to other potentially effective and reasonably 
feasible alternatives that EPA considered.
    The 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. Today's final rule is not 
subject to Executive Order 13045 because it is based on technology 
performance and not on health or safety risks. No children's risk 
analysis was performed because no alternative technologies exist that 
would provide greater stringency at a reasonable cost. Furthermore, the 
final rule has been determined not to be ``economically significant'' 
as defined under Executive Order 12866.

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

    Today's final rule is not subject to Executive Order 13211 (66 FR 
28355, May 22, 2001) because it is not a significant regulatory action 
under Executive Order 12866.

I. National Technology Transfer and 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 the 
EPA to use voluntary consensus standards in their regulatory and 
procurement 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, business practices) developed or adopted by one or 
more voluntary consensus bodies. The NTTAA directs EPA to provide 
Congress, through annual reports to the OMB, with explanations when an 
agency does not

[[Page 18747]]

use available and applicable voluntary consensus standards.
    Today's final rule involves technical standards. The EPA cites the 
following standards: EPA Methods 1, 1A, 2, 2A, 2C, 2D, 2F, 2G, 3, 3A, 
3B, 4, 25A, 26, 26A, 311, and 320. Consistent with the NTTAA, EPA 
conducted searches to identify voluntary consensus standards in 
addition to these EPA method/performance specifications. No applicable 
voluntary consensus standards were identified for EPA Methods 1A, 2A, 
2D, 2F, 2G, and 311. The search and review results have been documented 
and can be found in Docket No. OAR-2002-0088.
    The voluntary consensus standard ASME PTC 19-10-1981-Part 10, 
``Flue and Exhaust Gas Analyses,'' is cited in the rule for its manual 
methods for measuring the oxygen, carbon dioxide, and carbon monoxide 
content of exhaust gas. This part of ASME PTC 19-10-1981-Part 10 is an 
acceptable alternative to Method 3B.
    Also, five voluntary consensus standards: ASTM D1979-91, ASTM 
D3432-89, ASTM D4747-87, ASTM D4827-93, and ASTM PS9-94 are 
incorporated by reference in EPA Method 311.
    In addition to the voluntary consensus standards EPA cites in the 
rule, the search for emissions measurement procedures identified 13 
other voluntary consensus standards. The EPA determined that ten of the 
13 standards identified for measuring emissions of the HAP or 
surrogates subject to emission standards in the 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 this determination for the ten methods are 
discussed in the docket.
    Two of the 12 voluntary consensus standards identified in this 
search were not available at the time the review was conducted for the 
purposes of the rule because they are under development by a voluntary 
consensus body: ASME/BSR MFC 13M, ``Flow Measurement by Velocity 
Traverse,'' for EPA Method 2 (and possibly 1); and ASME/BSR MFC 12M, 
``Flow in Closed Conduits Using Multiport Averaging Pitot Primary 
Flowmeters,'' for EPA Method 2.
    The voluntary consensus standard ASTM D6348-98, ``Determination of 
Gaseous Compounds by Extractive Direct Interface Fourier Transform 
(FTIR) Spectroscopy,'' has been reviewed by the EPA as a potential 
alternative to EPA Method 320. Suggested revisions to ASTM D6348-98 
were sent to ASTM by the EPA that would allow the EPA to accept ASTM 
D6348-98 as an acceptable alternative. The ASTM Subcommittee D22-03 is 
currently undertaking a revision of ASTM D6348-98. Because of this, we 
are not citing this standard as a acceptable alternative for EPA Method 
320 in the rule today. However, upon successful ASTM balloting and 
demonstration of technical equivalency with the EPA FTIR methods, the 
revised ASTM standard could be incorporated by reference for EPA 
regulatory applicability. In the interim, facilities have the option to 
request ASTM D6348-98 as an alternative test method under 40 CFR 
63.7(f) and 63.8(f) on a case-by-case basis.

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 the 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. A major rule cannot 
take effect until June 16, 2003. This action is not a ``major rule'' as 
defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Hazardous substances, Intergovernmental 
relations, Reporting and recordkeeping requirements.

    Dated: February 28, 2003.
Christine Todd Whitman,
Administrator.

0
For the reasons stated in the preamble, title 40, chapter I, part 63 of 
the Code of Federal Regulations is amended as follows:

PART 63--[AMENDED]

0
1. The authority citation for part 63 continues to read as follows:

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


0
2. Part 63 is amended by adding subpart SSSSS to read as follows:

Subpart SSSSS--National Emission Standards for Hazardous Air Pollutants 
for Refractory Products Manufacturing

What This Subpart Covers

Sec.
63.9780 What is the purpose of this subpart?
63.9782 Am I subject to this subpart?
63.9784 What parts of my plant does this subpart cover?
63.9786 When do I have to comply with this subpart?

Emission Limitations and Work Practice Standards

63.9788 What emission limits, operating limits, and work practice 
standards must I meet?
63.9790 What are my options for meeting the emission limits?

General Compliance Requirements

63.9792 What are my general requirements for complying with this 
subpart?
63.9794 What do I need to know about operation, maintenance, and 
monitoring plans?

Testing and Initial Compliance Requirements

63.9796 By what date must I conduct performance tests?
63.9798 When must I conduct subsequent performance tests?
63.9800 How do I conduct performance tests and establish operating 
limits?
63.9802 How do I develop an emissions profile?
63.9804 What are my monitoring system installation, operation, and 
maintenance requirements?
63.9806 How do I demonstrate initial compliance with the emission 
limits, operating limits, and work practice standards?

Continuous Compliance Requirements

63.9808 How do I monitor and collect data to demonstrate continuous 
compliance?
63.9810 How do I demonstrate continuous compliance with the emission 
limits, operating limits, and work practice standards?

Notifications, Reports, and Records

63.9812 What notifications must I submit and when?
63.9814 What reports must I submit and when?
63.9816 What records must I keep?
63.9818 In what form and how long must I keep my records?

Other Requirements and Information

63.9820 What parts of the General Provisions apply to me?
63.9822 Who implements and enforces this subpart?
63.9824 What definitions apply to this subpart?

Tables to Subpart SSSSS of Part 63

Table 1 to Subpart SSSSS of Part 63--Emission Limits
Table 2 to Subpart SSSSS of Part 63--Operating Limits
Table 3 to Subpart SSSSS of Part 63--Work Practice Standards
Table 4 to Subpart SSSSS of Part 63--Requirements for Performance 
Tests
Table 5 to Subpart SSSSS of Part 63--Initial Compliance with 
Emission Limits

[[Page 18748]]

Table 6 to Subpart SSSSS of Part 63--Initial Compliance with Work 
Practice Standards
Table 7 to Subpart SSSSS of Part 63--Continuous Compliance with 
Emission Limits
Table 8 to Subpart SSSSS of Part 63--Continuous Compliance with 
Operating Limits
Table 9 to Subpart SSSSS of Part 63--Continuous Compliance with Work 
Practice Standards
Table 10 to Subpart SSSSS of Part 63--Requirements for Reports
Table 11 to Subpart SSSSS of Part 63--Applicability of General 
Provisions to Subpart SSSSS

What This Subpart Covers


Sec.  63.9780  What is the purpose of this subpart?

    This subpart establishes national emission standards for hazardous 
air pollutants (NESHAP) for refractory products manufacturing 
facilities. This subpart also establishes requirements to demonstrate 
initial and continuous compliance with the emission limitations.


Sec.  63.9782  Am I subject to this subpart?

    You are subject to this subpart if you own or operate a refractory 
products manufacturing facility that is, is located at, or is part of, 
a major source of hazardous air pollutant (HAP) emissions according to 
the criteria in paragraphs (a) and (b) of this section.
    (a) A refractory products manufacturing facility is a plant site 
that manufactures refractory products (refractory bricks, refractory 
shapes, monolithics, kiln furniture, crucibles, and other materials 
used for lining furnaces and other high temperature process units), as 
defined in Sec.  63.9824. Refractory products manufacturing facilities 
typically process raw material by crushing, grinding, and screening; 
mixing the processed raw materials with binders and other additives; 
forming the refractory mix into shapes; and drying and firing the 
shapes.
    (b) A major source of HAP is a plant site that emits or has the 
potential to emit any single HAP at a rate of 9.07 megagrams (10 tons) 
or more per year or any combination of HAP at a rate of 22.68 megagrams 
(25 tons) or more per year.


Sec.  63.9784  What parts of my plant does this subpart cover?

    (a) This subpart applies to each new, reconstructed, or existing 
affected source at a refractory products manufacturing facility.
    (b) The existing affected sources are shape dryers, curing ovens, 
and kilns that are used to manufacture refractory products that use 
organic HAP; shape preheaters, pitch working tanks, defumers, and 
coking ovens that are used to produce pitch-impregnated refractory 
products; kilns that are used to manufacture chromium refractory 
products; and kilns that are used to manufacture clay refractory 
products.
    (c) The new or reconstructed affected sources are shape dryers, 
curing ovens, and kilns that are used to manufacture refractory 
products that use organic HAP; shape preheaters, pitch working tanks, 
defumers, and coking ovens used to produce pitch-impregnated refractory 
products; kilns that are used to manufacture chromium refractory 
products; and kilns that are used to manufacture clay refractory 
products.
    (d) Shape dryers, curing ovens, kilns, coking ovens, defumers, 
shape preheaters, and pitch working tanks that are research and 
development (R&D) process units are not subject to the requirements of 
this subpart. (See definition of research and development process unit 
in Sec.  63.9824).
    (e) A source is a new affected source if you began construction of 
the affected source after June 20, 2002, and you met the applicability 
criteria at the time you began construction.
    (f) An affected source is reconstructed if you meet the criteria as 
defined in Sec.  63.2.
    (g) An affected source is existing if it is not new or 
reconstructed.


Sec.  63.9786  When do I have to comply with this subpart?

    (a) If you have a new or reconstructed affected source, you must 
comply with this subpart according to paragraphs (a)(1) and (2) of this 
section.
    (1) If the initial startup of your affected source is before April 
16, 2003, then you must comply with the emission limitations for new 
and reconstructed sources in this subpart no later than April 16, 2003.
    (2) If the initial startup of your affected source is after April 
16, 2003, then you must comply with the emission limitations for new 
and reconstructed sources in this subpart upon initial startup of your 
affected source.
    (b) If you have an existing affected source, you must comply with 
the emission limitations for existing sources no later than April 17, 
2006.
    (c) You must be in compliance with this subpart when you conduct a 
performance test on an affected source.
    (d) If you have an existing area source that increases its 
emissions or its potential to emit such that it becomes a major source 
of HAP, you must be in compliance with this subpart according to 
paragraphs (d)(1) and (2) of this section.
    (1) Any portion of the existing facility that is a new affected 
source or a new reconstructed source must be in compliance with this 
subpart upon startup.
    (2) All other parts of the existing facility must be in compliance 
with this subpart by 3 years after the date the area source becomes a 
major source.
    (e) If you have a new area source (i.e., an area source for which 
construction or reconstruction was commenced after June 20, 2002) that 
increases its emissions or its potential to emit such that it becomes a 
major source of HAP, you must be in compliance with this subpart upon 
initial startup of your affected source as a major source.
    (f) You must meet the notification requirements in Sec.  63.9812 
according to the schedule in Sec.  63.9812 and in 40 CFR part 63, 
subpart A. Some of the notifications must be submitted before you are 
required to comply with the emission limitations in this subpart.

Emission Limitations and Work Practice Standards


Sec.  63.9788  What emission limits, operating limits, and work 
practice standards must I meet?

    (a) You must meet each emission limit in Table 1 to this subpart 
that applies to you.
    (b) You must meet each operating limit in Table 2 to this subpart 
that applies to you.
    (c) You must meet each work practice standard in Table 3 to this 
subpart that applies to you.


Sec.  63.9790  What are my options for meeting the emission limits?

    To meet the emission limits in Table 1 to this subpart, you must 
use one or both of the options listed in paragraphs (a) and (b) of this 
section.
    (a) Emissions control system. Use an emissions capture and 
collection system and an add-on air pollution control device (APCD) and 
demonstrate that the resulting emissions or emissions reductions meet 
the applicable emission limits in Table 1 to this subpart, and 
demonstrate that the capture and collection system and APCD meet the 
applicable operating limits in Table 2 to this subpart.
    (b) Process changes. Use raw materials that have little or no 
potential to emit HAP during the refractory products manufacturing 
process or implement manufacturing process changes and demonstrate that 
the resulting emissions or emissions reductions meet the applicable 
emission

[[Page 18749]]

limits in Table 1 to this subpart without an add-on APCD.

General Compliance Requirements


Sec.  63.9792  What are my general requirements for complying with this 
subpart?

    (a) You must be in compliance with the emission limitations 
(including operating limits and work practice standards) in this 
subpart at all times, except during periods specified in paragraphs 
(a)(1) and (2) of this section.
    (1) Periods of startup, shutdown, and malfunction.
    (2) Periods of scheduled maintenance on a control device that is 
used on an affected continuous kiln, as specified in paragraph (e) of 
this section.
    (b) Except as specified in paragraph (e) of this section, 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). During the period between the compliance date 
specified for your affected source in Sec.  63.9786 and the date upon 
which continuous monitoring systems have been installed and validated 
and any applicable operating limits have been established, you must 
maintain a log detailing the operation and maintenance of the process 
and emissions control equipment.
    (c) You must develop and implement a written startup, shutdown, and 
malfunction plan (SSMP) according to the provisions in Sec.  
63.6(e)(3).
    (d) You must prepare and implement a written operation, 
maintenance, and monitoring (OM&M) plan according to the requirements 
in Sec.  63.9794.
    (e) If you own or operate an affected continuous kiln and must 
perform scheduled maintenance on the control device for that kiln, you 
may bypass the kiln control device and continue operating the kiln upon 
approval by the Administrator, provided you satisfy the conditions 
listed in paragraphs (e)(1) through (3) of this section.
    (1) You must request approval from the Administrator to bypass the 
control device while the scheduled maintenance is performed. You must 
submit a separate request each time you plan to bypass the control 
device, and your request must include the information specified in 
paragraphs (e)(1)(i) through (vi) of this section.
    (i) Reason for the scheduled maintenance.
    (ii) Explanation for why the maintenance cannot be performed when 
the kiln is shut down.
    (iii) Detailed description of the maintenance activities.
    (iv) Time required to complete the maintenance.
    (v) How you will minimize HAP emissions from the kiln during the 
period when the control device is out of service.
    (vi) How you will minimize the time when the kiln is operating and 
the control device is out of service for scheduled maintenance.
    (2) You must minimize HAP emissions during the period when the kiln 
is operating and the control device is out of service.
    (3) You must minimize the time period during which the kiln is 
operating and the control device is out of service.
    (f) You must be in compliance with the provisions of subpart A of 
this part, except as noted in Table 11 to this subpart.


Sec.  63.9794  What do I need to know about operation, maintenance, and 
monitoring plans?

    (a) For each continuous parameter monitoring system (CPMS) required 
by this subpart, you must develop, implement, make available for 
inspection, and revise, as necessary, an OM&M plan that includes the 
information in paragraphs (a)(1) through (13) of this section.
    (1) A list and identification of each process and add-on APCD that 
is required by this subpart to be monitored, the type of monitoring 
device that will be used, and the operating parameters that will be 
monitored.
    (2) Specifications for the sensor, signal analyzer, and data 
collection system.
    (3) A monitoring schedule that specifies the frequency that the 
parameter values will be determined and recorded.
    (4) The operating limits for each parameter that represent 
continuous compliance with the emission limitations in Sec.  63.9788, 
based on values of the monitored parameters recorded during performance 
tests.
    (5) Procedures for installing the CPMS at a measurement location 
relative to each process unit or APCD such that measurement is 
representative of control of emissions.
    (6) Procedures for the proper operation and routine and long-term 
maintenance of each process unit and APCD, including a maintenance and 
inspection schedule that is consistent with the manufacturer's 
recommendations.
    (7) Procedures for the proper operation and maintenance of 
monitoring equipment consistent with the requirements in Sec. Sec.  
63.8(c)(1), (3), (4)(ii), (7), and (8), and 63.9804.
    (8) Ongoing data quality assurance procedures in accordance with 
the general requirements of Sec.  63.8(d).
    (9) Procedures for evaluating the performance of each CPMS.
    (10) Procedures for responding to operating parameter deviations, 
including the procedures in paragraphs (a)(10)(i) through (iii) of this 
section:
    (i) Procedures for determining the cause of the operating parameter 
deviation.
    (ii) Actions for correcting the deviation and returning the 
operating parameters to the allowable limits.
    (iii) Procedures for recording the times that the deviation began 
and ended, and when corrective actions were initiated and completed.
    (11) Procedures for keeping records to document compliance and 
reporting in accordance with the requirements of Sec.  63.10(c), 
(e)(1), and (e)(2)(i).
    (12) If you operate a kiln that is subject to the limits on the 
type of fuel used, as specified in items 3 and 4 of Table 3 to subpart 
SSSSS, procedures for using alternative fuels.
    (13) If you operate an affected continuous kiln and you plan to 
take the kiln control device out of service for scheduled maintenance, 
as specified in Sec.  63.9792(e), the procedures specified in 
paragraphs (a)(13)(i) and (ii) of this section.
    (i) Procedures for minimizing HAP emissions from the kiln during 
periods of scheduled maintenance of the kiln control device when the 
kiln is operating and the control device is out of service.
    (ii) Procedures for minimizing any period of scheduled maintenance 
on the kiln control device when the kiln is operating and the control 
device is out of service.
    (b) Changes to the operating limits in your OM&M plan require a new 
performance test. If you are revising an operating limit parameter 
value, you must meet the requirements in paragraphs (b)(1) and (2) of 
this section.
    (1) Submit a Notification of Performance Test to the Administrator 
as specified in Sec.  63.7(b).
    (2) After completing the performance tests to demonstrate that 
compliance with the emission limits can be achieved at the revised 
operating limit parameter value, you must submit the performance test 
results and the revised operating limits as part of the Notification of 
Compliance Status required under Sec.  63.9(h).
    (c) If you are revising the inspection and maintenance procedures 
in your

[[Page 18750]]

OM&M plan, you do not need to conduct a new performance test.

Testing and Initial Compliance Requirements


Sec.  63.9796  By what date must I conduct performance tests?

    You must conduct performance tests within 180 calendar days after 
the compliance date that is specified for your source in Sec.  63.9786 
and according to the provisions in Sec.  63.7(a)(2).


Sec.  63.9798  When must I conduct subsequent performance tests?

    (a) You must conduct a performance test every 5 years following the 
initial performance test, as part of renewing your 40 CFR part 70 or 40 
CFR part 71 operating permit.
    (b) You must conduct a performance test when you want to change the 
parameter value for any operating limit specified in your OM&M plan.
    (c) If you own or operate a source that is subject to the emission 
limits specified in items 2 through 9 of Table 1 to this subpart, you 
must conduct a performance test on the source(s) listed in paragraphs 
(c)(1) and (2) of this section before you start production of any 
refractory product for which the organic HAP processing rate is likely 
to exceed by more than 10 percent the maximum organic HAP processing 
rate established during the most recent performance test on that same 
source.
    (1) Each affected shape dryer or curing oven that is used to 
process the refractory product with the higher organic HAP processing 
rate.
    (2) Each affected kiln that follows an affected shape dryer or 
curing oven and is used to process the refractory product with the 
higher organic HAP processing rate.
    (d) If you own or operate a kiln that is subject to the emission 
limits specified in item 5 or 9 of Table 1 to this subpart, you must 
conduct a performance test on the affected kiln following any process 
changes that are likely to increase organic HAP emissions from the kiln 
(e.g., a decrease in the curing cycle time for a curing oven that 
precedes the affected kiln in the process line).
    (e) If you own or operate a clay refractory products kiln that is 
subject to the emission limits specified in item 10 or 11 of Table 1 to 
this subpart and is controlled with a dry limestone adsorber (DLA), you 
must conduct a performance test on the affected kiln following any 
change in the source of limestone used in the DLA.


Sec.  63.9800  How do I conduct performance tests and establish 
operating limits?

    (a) You must conduct each performance test in Table 4 to this 
subpart that applies to you.
    (b) Before conducting the performance test, you must install and 
validate all monitoring equipment.
    (c) Each performance test must be conducted according to the 
requirements in Sec.  63.7 and under the specific conditions in Table 4 
to this subpart.
    (d) You may not conduct performance tests during periods of 
startup, shutdown, or malfunction, as specified in Sec.  63.7(e)(1).
    (e) You must conduct separate test runs for at least the duration 
specified for each performance test required in this section, as 
specified in Sec.  63.7(e)(3) and Table 4 to this subpart.
    (f) For batch process sources, you must satisfy the requirements 
specified in paragraphs (f)(1) through (5) of this section.
    (1) You must conduct at least two test runs.
    (2) Each test run must last an entire batch cycle unless you 
develop an emissions profile, as specified in items 8(a)(i)(4) and 
17(b)(i)(4) of Table 4 to this subpart, or you satisfy the conditions 
for terminating a test run prior to the completion of a batch cycle as 
specified in item 8(a)(i)(5) of Table 4 to this subpart.
    (3) Each test run must be performed over a separate batch cycle 
unless you satisfy the conditions for conducting both test runs over a 
single batch cycle, as described in paragraphs (f)(3)(i) and (ii) of 
this section.
    (i) You do not produce the product that corresponds to the maximum 
organic HAP processing rate for that batch process source in 
consecutive batch cycles.
    (ii) To produce that product in two consecutive batch cycles would 
disrupt production of other refractory products.
    (4) If you want to conduct a performance test over a single batch 
cycle, you must include in your Notification of Performance Test the 
rationale for testing over a single batch cycle.
    (5) If you are granted approval to conduct a performance test over 
a single batch cycle, you must use paired sampling trains and collect 
two sets of emissions data. Each set of data can be considered a 
separate test run.
    (g) You must use the data gathered during the performance test and 
the equations in paragraphs (g)(1) through (3) of this section to 
determine compliance with the emission limitations.
    (1) To determine compliance with the total hydrocarbon (THC) 
emission concentration limit listed in Table 1 to this subpart, you 
must calculate your emission concentration corrected to 18 percent 
oxygen for each test run using Equation 1 of this section:

[GRAPHIC] [TIFF OMITTED] TR16AP03.000


Where:

C THC-C=THC concentration, corrected to 18 percent oxygen, 
parts per million by volume, dry basis (ppmvd)
C THC=THC concentration (uncorrected), ppmvd
CO2=oxygen concentration, percent.
    (2) To determine compliance with any of the emission limits based 
on percentage reduction across an emissions control system specified in 
Table 1 to this subpart, you must calculate the percentage reduction 
for each test run using Equation 2 of this section:

[GRAPHIC] [TIFF OMITTED] TR16AP03.001


Where:

PR=percentage reduction, percent
ERi=mass emissions rate of specific HAP or pollutant (THC, 
HF, or HCl) entering the control device, kilograms (pounds) per hour
ERo=mass emissions rate of specific HAP or pollutant (THC, 
HF, or HCl) exiting the control device, kilograms (pounds) per hour.

    (3) To determine compliance with production-based hydrogen fluoride 
(HF) and hydrogen chloride (HCl) emission limits in Table 1 to this 
subpart, you must calculate your mass emissions per unit of uncalcined 
clay processed for each test run using Equation 3 of this section:

[GRAPHIC] [TIFF OMITTED] TR16AP03.002


Where:

MP=mass per unit of production, kilograms of pollutant per megagram 
(pounds per ton) of uncalcined clay processed
ER=mass emissions rate of specific HAP (HF or HCl) during each 
performance test run, kilograms (pounds) per hour
P=average uncalcined clay processing rate for the performance test, 
megagrams (tons) of uncalcined clay processed per hour.
    (h) You must establish each site-specific operating limit in Table 
2 to

[[Page 18751]]

this subpart that applies to you, as specified in Table 4 to this 
subpart.
    (i) For each affected source that is equipped with an add-on APCD 
that is not addressed in Table 2 to this subpart or that is using 
process changes as a means of meeting the emission limits in Table 1 to 
this subpart, you must meet the requirements in Sec.  63.8(f) and 
paragraphs (i)(1) through (3) of this section.
    (1) For sources subject to the THC concentration limit specified in 
item 3 or 7 of Table 1 to this subpart, you must satisfy the 
requirements specified in paragraphs (i)(1)(i) through (iii) of this 
section.
    (i) You must install a THC continuous emissions monitoring system 
(CEMS) at the outlet of the control device or in the stack of the 
affected source.
    (ii) You must meet the requirements specified in Performance 
Specification (PS) 8 of 40 CFR part 60, appendix B.
    (iii) You must meet the requirements specified in Procedure 1 of 40 
CFR part 60, appendix F.
    (2) For sources subject to the emission limits specified in item 3, 
4, 7, or 8 of Table 1 to this subpart, you must submit a request for 
approval of alternative monitoring methods to the Administrator no 
later than the submittal date for the Notification of Performance Test, 
as specified in Sec.  63.9812(d). The request must contain the 
information specified in paragraphs (i)(2)(i) through (v) of this 
section.
    (i) Description of the alternative add-on APCD or process changes.
    (ii) Type of monitoring device or method that will be used, 
including the sensor type, location, inspection procedures, quality 
assurance and quality control measures, and data recording device.
    (iii) Operating parameters that will be monitored.
    (iv) Frequency that the operating parameter values will be 
determined and recorded to establish continuous compliance with the 
operating limits.
    (v) Averaging time.
    (3) You must establish site-specific operating limits during the 
performance test based on the information included in the approved 
alternative monitoring methods request and, as applicable, as specified 
in Table 4 to this subpart.


Sec.  63.9802  How do I develop an emissions profile?

    If you decide to develop an emissions profile for an affected batch 
process source; as indicated in item 8(a)(i)(4) or 17(b)(i)(4) of Table 
4 to this subpart, you must measure and record mass emissions of the 
applicable pollutant throughout a complete batch cycle of the affected 
batch process source according to the procedures described in paragraph 
(a) or (b) of this section.
    (a) If your affected batch process source is subject to the THC 
concentration limit specified in item 6(a), 7(a), 8, or 9 of Table 1 to 
this subpart or the THC percentage reduction limit specified in item 
6(b) or 7(b) of Table 1 to this subpart, you must measure and record 
the THC mass emissions rate at the inlet to the control device using 
the test methods, averaging periods, and procedures specified in items 
10(a) and (b) of Table 4 to this subpart for each complete hour of the 
batch process cycle.
    (b) If your affected batch process source is subject to the HF and 
HCl percentage reduction emission limits in item 11 of Table 1 to this 
subpart, you must measure and record the HF mass emissions rate at the 
inlet to the control device through a series of 1-hour test runs 
according to the test method specified in item 14(a) of Table 4 to this 
subpart for each complete hour of the batch process cycle.


Sec.  63.9804  What are my monitoring system installation, operation, 
and maintenance requirements?

    (a) You must install, operate, and maintain each CPMS required by 
this subpart according to your OM&M plan and the requirements in 
paragraphs (a)(1) through (15) of this section.
    (1) You must satisfy all applicable requirements of performance 
specifications for CPMS specified in 40 CFR part 60, appendix B, upon 
promulgation of such performance specifications.
    (2) You must satisfy all applicable requirements of quality 
assurance (QA) procedures for CPMS specified in 40 CFR part 60, 
appendix F, upon promulgation of such QA procedures.
    (3) You must install each sensor of your CPMS in a location that 
provides representative measurement of the appropriate parameter over 
all operating conditions, taking into account the manufacturer's 
guidelines.
    (4) You must use a CPMS that is capable of measuring the 
appropriate parameter over a range that extends from a value of at 
least 20 percent less than the lowest value that you expect your CPMS 
to measure, to a value of at least 20 percent greater than the highest 
value that you expect your CPMS to measure.
    (5) You must use a data acquisition and recording system that is 
capable of recording values over the entire range specified in 
paragraph (a)(4) of this section.
    (6) You must use a signal conditioner, wiring, power supply, and 
data acquisition and recording system that are compatible with the 
output signal of the sensors used in your CPMS.
    (7) You must perform an initial calibration of your CPMS based on 
the procedures specified in the manufacturer's owner's manual.
    (8) You must use a CPMS that is 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).
    (9) You must record valid data from at least 90 percent of the 
hours during which the affected source or process operates.
    (10) You must determine and record the 15-minute block averages of 
all measurements, calculated after every 15 minutes of operation as the 
average of the previous 15 operating minutes (not including periods of 
startup, shutdown, or malfunction).
    (11) You must determine and record the 3-hour block averages of all 
15-minute recorded measurements, calculated after every 3 hours of 
operation as the average of the previous 3 operating hours (not 
including periods of startup, shutdown, or malfunction).
    (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.
    (14) You must perform an initial validation of your CPMS under the 
conditions specified in paragraphs (14)(i) and (ii) of this section.
    (i) Prior to the initial performance test on the affected source 
for which the CPMS is required.
    (ii) Within 180 days of your replacing or relocating one or more of 
the sensors of your CPMS.
    (15) Except for redundant sensors, as defined in Sec.  63.9824, any 
device that you use to conduct an initial validation or accuracy audit 
of your CPMS must meet the accuracy requirements specified in 
paragraphs (15)(i) and (ii) of this section.
    (i) The device must have an accuracy that is traceable to National 
Institute of Standards and Technology (NIST) standards.
    (ii) The device must be at least three times as accurate as the 
required accuracy for the CPMS.

[[Page 18752]]

    (b) For each temperature CPMS that is used to monitor the 
combustion chamber temperature of a thermal oxidizer or the catalyst 
bed inlet temperature of a catalytic oxidizer, you must meet the 
requirements in paragraphs (a) and (b)(1) through (6) of this section.
    (1) Use a temperature CPMS with a minimum accuracy of +/-1.0 
percent of the temperature value or 2.8 degrees Celsius ([deg]C) (5 
degrees Fahrenheit ([deg]F)), whichever is greater.
    (2) Use a data recording system with a minimum resolution of one-
half or better of the required CPMS accuracy specified in paragraph 
(b)(1) of this section.
    (3) Perform an initial validation of your CPMS according to the 
requirements in paragraph (3)(i) or (ii) of this section.
    (i) Place the sensor of a calibrated temperature measurement device 
adjacent to the sensor of your temperature CPMS in a location that is 
subject to the same environment as the sensor of your temperature CPMS. 
The calibrated temperature measurement device must satisfy the accuracy 
requirements of paragraph (a)(15) of this section. While the process 
and control device that is monitored by your CPMS are operating 
normally, record concurrently and compare the temperatures measured by 
your temperature CPMS and the calibrated temperature measurement 
device. Using the calibrated temperature measurement device as the 
reference, the temperature measured by your CPMS must be within the 
accuracy specified in paragraph (b)(1) of this section.
    (ii) Perform any of the initial validation methods for temperature 
CPMS specified in performance specifications for CPMS established in 40 
CFR part 60, appendix B.
    (4) Perform an accuracy audit of your temperature CPMS at least 
quarterly, according to the requirements in paragraph (b)(4)(i), (ii), 
or (iii) of this section.
    (i) If your temperature CPMS includes a redundant temperature 
sensor, record three pairs of concurrent temperature measurements 
within a 24-hour period. Each pair of concurrent measurements must 
consist of a temperature measurement by each of the two temperature 
sensors. The minimum time interval between any two such pairs of 
consecutive temperature measurements is 1 hour. The measurements must 
be taken during periods when the process and control device that is 
monitored by your temperature CPMS are operating normally. Calculate 
the mean of the three values for each temperature sensor. The mean 
values must agree within the required overall accuracy of the CPMS, as 
specified in paragraph (b)(1) of this section.
    (ii) If your temperature CPMS does not include a redundant 
temperature sensor, place the sensor of a calibrated temperature 
measurement device adjacent to the sensor of your temperature CPMS in a 
location that is subject to the same environment as the sensor of your 
temperature CPMS. The calibrated temperature measurement device must 
satisfy the accuracy requirements of paragraph (a)(15) of this section. 
While the process and control device that is monitored by your 
temperature CPMS are operating normally, record concurrently and 
compare the temperatures measured by your CPMS and the calibrated 
temperature measurement device. Using the calibrated temperature 
measurement device as the reference, the temperature measured by your 
CPMS must be within the accuracy specified in paragraph (b)(1) of this 
section.
    (iii) Perform any of the accuracy audit methods for temperature 
CPMS specified in QA procedures for CPMS established in 40 CFR part 60, 
appendix F.
    (5) Conduct an accuracy audit of your CPMS following any 24-hour 
period throughout which the temperature measured by your CPMS exceeds 
the manufacturer's specified maximum operating temperature range, or 
install a new temperature sensor.
    (6) If your CPMS is not equipped with a redundant temperature 
sensor, perform at least quarterly a visual inspection of all 
components of the CPMS for integrity, oxidation, and galvanic 
corrosion.
    (c) For each pressure CPMS that is used to monitor the pressure 
drop across a DLA or wet scrubber, you must meet the requirements in 
paragraphs (a) and (c)(1) through (7) of this section.
    (1) Use a pressure CPMS with a minimum accuracy of +/-5.0 percent 
or 0.12 kilopascals (kPa) (0.5 inches of water column (in. w.c.)), 
whichever is greater.
    (2) Use a data recording system with a minimum resolution of one-
half the required CPMS accuracy specified in paragraph (c)(1) of this 
section, or better.
    (3) Perform an initial validation of your pressure CPMS according 
to the requirements in paragraph (c)(3)(i) or (ii) of this section.
    (i) Place the sensor of a calibrated pressure measurement device 
adjacent to the sensor of your pressure CPMS in a location that is 
subject to the same environment as the sensor of your pressure CPMS. 
The calibrated pressure measurement device must satisfy the accuracy 
requirements of paragraph (a)(15) of this section. While the process 
and control device that is monitored by your CPMS are operating 
normally, record concurrently and compare the pressure measured by your 
CPMS and the calibrated pressure measurement device. Using the 
calibrated pressure measurement device as the reference, the pressure 
measured by your CPMS must be within the accuracy specified in 
paragraph (c)(1) of this section.
    (ii) Perform any of the initial validation methods for pressure 
CPMS specified in performance specifications for CPMS established in 40 
CFR part 60, appendix B.
    (4) Perform an accuracy audit of your pressure CPMS at least 
quarterly, according to the requirements in paragraph (c)(4)(i), (ii), 
or (iii) of this section.
    (i) If your pressure CPMS includes a redundant pressure sensor, 
record three pairs of concurrent pressure measurements within a 24-hour 
period. Each pair of concurrent measurements must consist of a pressure 
measurement by each of the two pressure sensors. The minimum time 
interval between any two such pairs of consecutive pressure 
measurements is 1 hour. The measurements must be taken during periods 
when the process and control device that is monitored by your CPMS are 
operating normally. Calculate the mean of the three pressure 
measurement values for each pressure sensor. The mean values must agree 
within the required overall accuracy of the CPMS, as specified in 
paragraph (c)(1) of this section.
    (ii) If your pressure CPMS does not include a redundant pressure 
sensor, place the sensor of a calibrated pressure measurement device 
adjacent to the sensor of your pressure CPMS in a location that is 
subject to the same environment as the sensor of your pressure CPMS. 
The calibrated pressure measurement device must satisfy the accuracy 
requirements of paragraph (a)(15) of this section. While the process 
and control device that is monitored by your pressure CPMS are 
operating normally, record concurrently and compare the pressure 
measured by your CPMS and the calibrated pressure measurement device. 
Using the calibrated pressure measurement device as the reference, the 
pressure measured by your CPMS must be within the accuracy specified in 
paragraph (c)(1) of this section.
    (iii) Perform any of the accuracy audit methods for pressure CPMS 
specified in

[[Page 18753]]

QA procedures for CPMS established in 40 CFR part 60, appendix F.
    (5) Conduct an accuracy audit of your CPMS following any 24-hour 
period throughout which the pressure measured by your CPMS exceeds the 
manufacturer's specified maximum operating pressure range, or install a 
new pressure sensor.
    (6) At least monthly, check all mechanical connections on your CPMS 
for leakage.
    (7) If your CPMS is not equipped with a redundant pressure sensor, 
perform at least quarterly a visual inspection of all components of the 
CPMS for integrity, oxidation, and galvanic corrosion.
    (d) For each liquid flow rate CPMS that is used to monitor the 
liquid flow rate in a wet scrubber, you must meet the requirements in 
paragraphs (a) and (d)(1) through (7) of this section.
    (1) Use a flow rate CPMS with a minimum accuracy of +/-5.0 percent 
or 1.9 liters per minute (L/min) (0.5 gallons per minute (gal/min)), 
whichever is greater.
    (2) Use a data recording system with a minimum resolution of one-
half the required CPMS accuracy specified in paragraph (d)(1) of this 
section, or better.
    (3) Perform an initial validation of your CPMS according to the 
requirements in paragraph (3)(i) or (ii) of this section.
    (i) Use a calibrated flow rate measurement system to measure the 
liquid flow rate in a location that is adjacent to the measurement 
location for your flow rate CPMS and is subject to the same environment 
as your flow rate CPMS. The calibrated flow rate measurement device 
must satisfy the accuracy requirements of paragraph (a)(15) of this 
section. While the process and control device that is monitored by your 
flow rate CPMS are operating normally, record concurrently and compare 
the flow rates measured by your flow rate CPMS and the calibrated flow 
rate measurement device. Using the calibrated flow rate measurement 
device as the reference, the flow rate measured by your CPMS must be 
within the accuracy specified in paragraph (d)(1) of this section.
    (ii) Perform any of the initial validation methods for liquid flow 
rate CPMS specified in performance specifications for CPMS established 
in 40 CFR part 60, appendix B.
    (4) Perform an accuracy audit of your flow rate CPMS at least 
quarterly, according to the requirements in paragraph (d)(4)(i), (ii), 
or (iii) of this section.
    (i) If your flow rate CPMS includes a redundant sensor, record 
three pairs of concurrent flow rate measurements within a 24-hour 
period. Each pair of concurrent measurements must consist of a flow 
rate measurement by each of the two flow rate sensors. The minimum time 
interval between any two such pairs of consecutive flow rate 
measurements is 1 hour. The measurements must be taken during periods 
when the process and control device that is monitored by your flow rate 
CPMS are operating normally. Calculate the mean of the three flow rate 
measurement values for each flow rate sensor. The mean values must 
agree within the required overall accuracy of the CPMS, as specified in 
paragraph (d)(1) of this section.
    (ii) If your flow rate CPMS does not include a redundant flow rate 
sensor, place the sensor of a calibrated flow rate measurement device 
adjacent to the sensor of your flow rate CPMS in a location that is 
subject to the same environment as the sensor of your flow rate CPMS. 
The calibrated flow rate measurement device must satisfy the accuracy 
requirements of paragraph (a)(15) of this section. While the process 
and control device that is monitored by your flow rate CPMS are 
operating normally, record concurrently and compare the flow rate 
measured by your pressure CPMS and the calibrated flow rate measurement 
device. Using the calibrated flow rate measurement device as the 
reference, the flow rate measured by your CPMS must be within the 
accuracy specified in paragraph (d)(1) of this section.
    (iii) Perform any of the accuracy audit methods for liquid flow 
rate CPMS specified in QA procedures for CPMS established in 40 CFR 
part 60, appendix F.
    (5) Conduct an accuracy audit of your flow rate CPMS following any 
24-hour period throughout which the flow rate measured by your CPMS 
exceeds the manufacturer's specified maximum operating range, or 
install a new flow rate sensor.
    (6) At least monthly, check all mechanical connections on your CPMS 
for leakage.
    (7) If your CPMS is not equipped with a redundant flow rate sensor, 
perform at least quarterly a visual inspection of all components of the 
CPMS for integrity, oxidation, and galvanic corrosion.
    (e) For each pH CPMS that is used to monitor the pH of a wet 
scrubber liquid, you must meet the requirements in paragraphs (a) and 
(e)(1) through (5) of this section.
    (1) Use a pH CPMS with a minium accuracy of +/-0.2 pH units.
    (2) Use a data recording system with a minimum resolution of 0.1 pH 
units, or better.
    (3) Perform an initial validation of your pH CPMS according to the 
requirements in paragraph (e)(3)(i) or (ii) of this section.
    (i) Perform a single-point calibration using an NIST-certified 
buffer solution that is accurate to within +/-0.02 pH units at 25[deg]C 
(77[deg]F). If the expected pH of the liquid that is monitored lies in 
the acidic range (less than 7 pH), use a buffer solution with a pH 
value of 4.00. If the expected pH of the liquid that is monitored is 
neutral or lies in the basic range (equal to or greater than 7 pH), use 
a buffer solution with a pH value of 10.00. Place the electrode of your 
pH CPMS in the container of buffer solution. Record the pH measured by 
your CPMS. Using the certified buffer solution as the reference, the pH 
measured by your CPMS must be within the accuracy specified in 
paragraph (e)(1) of this section.
    (ii) Perform any of the initial validation methods for pH CPMS 
specified in performance specifications for CPMS established in 40 CFR 
part 60, appendix B.
    (4) Perform an accuracy audit of your pH CPMS at least weekly, 
according to the requirements in paragraph (e)(4)(i), (ii), or (iii) of 
this section.
    (i) If your pH CPMS includes a redundant pH sensor, record the pH 
measured by each of the two pH sensors. The measurements must be taken 
during periods when the process and control device that is monitored by 
your pH CPMS are operating normally. The two pH values must agree 
within the required overall accuracy of the CPMS, as specified in 
paragraph (e)(1) of this section.
    (ii) If your pH CPMS does not include a redundant pH sensor, 
perform a single point calibration using an NIST-certified buffer 
solution that is accurate to within +/-0.02 pH units at 25[deg]C 
(77[deg]F). If the expected pH of the liquid that is monitored lies in 
the acidic range (less than 7 pH), use a buffer solution with a pH 
value of 4.00. If the expected pH of the liquid that is monitored is 
neutral or lies in the basic range (equal to or greater than 7 pH), use 
a buffer solution with a pH value of 10.00. Place the electrode of the 
pH CPMS in the container of buffer solution. Record the pH measured by 
your CPMS. Using the certified buffer solution as the reference, the pH 
measured by your CPMS must be within the accuracy specified in 
paragraph (e)(1) of this section.
    (iii) Perform any of the accuracy audit methods for pH CPMS 
specified in QA

[[Page 18754]]

procedures for CPMS established in 40 CFR part 60, appendix F.
    (5) If your CPMS is not equipped with a redundant pH sensor, 
perform at least monthly a visual inspection of all components of the 
CPMS for integrity, oxidation, and galvanic corrosion.
    (f) For each bag leak detection system, you must meet the 
requirements in paragraphs (f)(1) through (11) of this section.
    (1) Each triboelectric bag leak detection system must be installed, 
calibrated, operated, and maintained according to the ``Fabric Filter 
Bag Leak Detection Guidance'' (EPA-454/R-98-015, September 1997). That 
document is available from the U.S. EPA; Office of Air Quality Planning 
and Standards; Emissions, Monitoring and Analysis Division; Emission 
Measurement Center (D205-02), Research Triangle Park, NC 27711. It is 
also available on the Technology Transfer Network (TTN) at the 
following address: http://www.epa.gov/ttn/emc/cem.html. Other types of 
bag leak detection systems must be installed, operated, calibrated, and 
maintained in a manner consistent with the manufacturer's written 
specifications and recommendations.
    (2) The bag leak detection system must be certified by the 
manufacturer to be capable of detecting particulate matter (PM) 
emissions at concentrations of 10 milligrams per actual cubic meter 
(0.0044 grains per actual cubic foot) or less.
    (3) The bag leak detection system sensor must provide an output of 
relative PM loadings.
    (4) The bag leak detection system must be equipped with a device to 
continuously record the output signal from the sensor.
    (5) The bag leak detection system must be equipped with an alarm 
system that will be engaged automatically when an increase in relative 
PM emissions over a preset level is detected. The alarm must be located 
where it is easily recognized by plant operating personnel.
    (6) For positive pressure fabric filter systems, a bag leak 
detector must be installed in each baghouse compartment or cell.
    (7) For negative pressure or induced air fabric filters, the bag 
leak detector must be installed downstream of the fabric filter.
    (8) Where multiple detectors are required, the system's 
instrumentation and alarm may be shared among detectors.
    (9) The baseline output must be established by adjusting the range 
and the averaging period of the device and establishing the alarm set 
points and the alarm delay time according to section 5.0 of the 
``Fabric Filter Bag Leak Detection Guidance.''
    (10) Following initial adjustment of the system, the owner or 
operator must not adjust the sensitivity or range, averaging period, 
alarm set points, or alarm delay time except as detailed in the OM&M 
plan. In no case may the sensitivity be increased by more than 100 
percent or decreased by more than 50 percent over a 365-day period 
unless such adjustment follows a complete fabric filter inspection that 
demonstrates that the fabric filter is in good operating condition. You 
must record each adjustment of your bag leak detection system.
    (11) Record the results of each inspection, calibration, and 
validation check.
    (g) For each lime feed rate measurement device that is used to 
monitor the lime feed rate of a dry injection fabric filter (DIFF) or 
dry lime scrubber/fabric filter (DLS/FF), or the chemical feed rate of 
a wet scrubber, you must meet the requirements in paragraph (a) of this 
section.
    (h) For each affected source that is subject to the emission limit 
specified in item 3, 4, 7, or 8 of Table 1 to this subpart, you must 
satisfy the requirements of paragraphs (h)(1) through (3) of this 
section.
    (1) Install a THC CEMS at the outlet of the control device or in 
the stack of the affected source.
    (2) Meet the requirements of PS-8 of 40 CFR part 60, appendix B.
    (3) Meet the requirements of Procedure 1 of 40 CFR part 60, 
appendix F.
    (i) Requests for approval of alternate monitoring methods must meet 
the requirements in Sec. Sec.  63.9800(i)(2) and 63.8(f).


Sec.  63.9806  How do I demonstrate initial compliance with the 
emission limits, operating limits, and work practice standards?

    (a) You must demonstrate initial compliance with each emission 
limit that applies to you according to the requirements specified in 
Table 5 to this subpart.
    (b) You must establish each site-specific operating limit in Table 
2 to this subpart that applies to you according to the requirements 
specified in Sec.  63.9800 and Table 4 to this subpart.
    (c) You must demonstrate initial compliance with each work practice 
standard that applies to you according to the requirements specified in 
Table 6 to this subpart.
    (d) You must submit the Notification of Compliance Status 
containing the results of the initial compliance demonstration 
according to the requirements in Sec.  63.9812(e).

Continuous Compliance Requirements


Sec.  63.9808  How do I monitor and collect data to demonstrate 
continuous compliance?

    (a) You must monitor and collect data according to this section.
    (b) At all times, you must maintain your monitoring systems 
including, but not limited to, maintaining necessary parts for routine 
repairs of the monitoring equipment.
    (c) Except for, as applicable, monitoring system malfunctions, 
associated repairs, and required quality assurance or quality control 
activities, you must monitor continuously whenever your affected 
process unit is operating. For purposes of calculating data averages, 
you must not use data recorded during monitoring system malfunctions, 
associated repairs, and required quality assurance or quality control 
activities. You must use all the data collected during all other 
periods in assessing compliance. A monitoring system malfunction is any 
sudden, infrequent, not reasonably preventable failure of the 
monitoring system to provide valid data. Monitoring system malfunctions 
include out of control continuous monitoring systems (CMS), such as a 
CPMS. Any averaging period for which you do not have valid monitoring 
data as a result of a monitoring system malfunction and for which such 
data are required constitutes a deviation, and you must notify the 
Administrator in accordance with Sec.  63.9814(e). Monitoring system 
failures are different from monitoring system malfunctions in that they 
are caused in part by poor maintenance or careless operation. Any 
period for which there is a monitoring system failure and data are not 
available for required calculations constitutes a deviation and you 
must notify the Administrator in accordance with Sec.  63.9814(e).


Sec.  63.9810  How do I demonstrate continuous compliance with the 
emission limits, operating limits, and work practice standards?

    (a) You must demonstrate continuous compliance with each emission 
limit specified in Table 1 to this subpart that applies to you 
according to the requirements specified in Table 7 to this subpart.
    (b) You must demonstrate continuous compliance with each operating 
limit specified in Table 2 to this subpart that applies to you 
according to the requirements specified in Table 8 to this subpart.

[[Page 18755]]

    (c) You must demonstrate continuous compliance with each work 
practice standard specified in Table 3 to this subpart that applies to 
you according to the requirements specified in Table 9 to this subpart.
    (d) For each affected source that is equipped with an add-on APCD 
that is not addressed in Table 2 to this subpart or that is using 
process changes as a means of meeting the emission limits in Table 1 to 
this subpart, you must demonstrate continuous compliance with each 
emission limit in Table 1 to this subpart and each operating limit 
established as required in Sec.  63.9800(i)(3) according to the methods 
specified in your approved alternative monitoring methods request as 
described in Sec.  63.9800(i)(2).
    (e) You must report each instance in which you did not meet each 
emission limit and each operating limit in this subpart that applies to 
you. This includes periods of startup, shutdown, and malfunction. These 
instances are deviations from the emission limitations in this subpart. 
These deviations must be reported according to the requirements in 
Sec.  63.9814.
    (1) During periods of startup, shutdown, and malfunction, you must 
operate according to your SSMP.
    (2) Consistent with Sec. Sec.  63.6(e) and 63.7(e)(1), deviations 
that occur during a period of startup, shutdown, or malfunction are not 
violations if you demonstrate to the Administrator's satisfaction that 
you were operating according to your SSMP and your OM&M plan. The 
Administrator will determine whether deviations that occur during a 
period of startup, shutdown, or malfunction are violations, according 
to the provisions in Sec.  63.6(e).

Notifications, Reports, and Records


Sec.  63.9812  What notifications must I submit and when?

    (a) You must submit all of the notifications in Sec. Sec.  63.7(b) 
and (c), 63.8(f)(4), and 63.9 (b) through (e) and (h) that apply to you 
by the dates specified.
    (b) As specified in Sec.  63.9(b)(2) and (3), if you start up your 
affected source before April 16, 2003, you must submit an Initial 
Notification not later than 120 calendar days after April 16, 2003.
    (c) As specified in Sec.  63.9(b)(3), if you start up your new or 
reconstructed affected source on or after April 16, 2003, you must 
submit an Initial Notification not later than 120 calendar days after 
you become subject to this subpart.
    (d) If you are required to conduct a performance test, you must 
submit a Notification of Performance Test at least 60 calendar days 
before the performance test is scheduled to begin, as required in Sec.  
63.7(b)(1).
    (e) If you are required to conduct a performance test, you must 
submit a Notification of Compliance Status as specified in Sec.  
63.9(h) and paragraphs (e)(1) and (2) of this section.
    (1) For each compliance demonstration that includes a performance 
test conducted according to the requirements in Table 4 to this 
subpart, you must submit the 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.  63.10(d)(2).
    (2) In addition to the requirements in Sec.  63.9(h)(2)(i), you 
must include the information in paragraphs (e)(2)(i) through (iv) of 
this section in your Notification of Compliance Status.
    (i) The operating limit parameter values established for each 
affected source with supporting documentation and a description of the 
procedure used to establish the values.
    (ii) Design information and analysis with supporting documentation 
demonstrating conformance with requirements for capture/collection 
systems in Table 2 to this subpart.
    (iii) A description of the methods used to comply with any 
applicable work practice standard.
    (iv) For each APCD that includes a fabric filter, analysis and 
supporting documentation demonstrating conformance with EPA guidance 
and specifications for bag leak detection systems in Sec.  63.9804(f).
    (f) If you operate a clay refractory products kiln or a chromium 
refractory products kiln that is subject to the work practice standard 
specified in item 3 or 4 of Table 3 to this subpart, and you intend to 
use a fuel other than natural gas or equivalent to fire the affected 
kiln, you must submit a notification of alternative fuel use within 48 
hours of the declaration of a period of natural gas curtailment or 
supply interruption, as defined in Sec.  63.9824. The notification must 
include the information specified in paragraphs (f)(1) through (5) of 
this section.
    (1) Company name and address.
    (2) Identification of the affected kiln.
    (3) Reason you are unable to use natural gas or equivalent fuel, 
including the date when the natural gas curtailment was declared or the 
natural gas supply interruption began.
    (4) Type of alternative fuel that you intend to use.
    (5) Dates when the alternative fuel use is expected to begin and 
end.
    (g) If you own or operate an affected continuous kiln and must 
perform scheduled maintenance on the control device for that kiln, you 
must request approval from the Administrator before bypassing the 
control device, as specified in Sec.  63.9792(e). You must submit a 
separate request for approval each time you plan to bypass the kiln 
control device.


Sec.  63.9814  What reports must I submit and when?

    (a) You must submit each report in Table 10 to this subpart that 
applies to you.
    (b) Unless the Administrator has approved a different schedule for 
submission of reports under Sec.  63.10(a), you must submit each report 
by the date in Table 10 to this subpart and as specified in paragraphs 
(b)(1) through (5) of this section.
    (1) The first compliance report must cover the period beginning on 
the compliance date that is specified for your affected source in Sec.  
63.9786 and ending on June 30 or December 31 and lasting at least 6 
months but less than 12 months. For example, if your compliance date is 
March 1, then the first semiannual reporting period would begin on 
March 1 and end on December 31.
    (2) The first compliance report must be postmarked or delivered no 
later than July 31 or January 31 for compliance periods ending on June 
30 and December 31, respectively.
    (3) Each subsequent compliance report must cover the semiannual 
reporting period from January 1 through June 30 or the semiannual 
reporting period from July 1 through December 31.
    (4) Each subsequent compliance report must be postmarked or 
delivered no later than July 31 or January 31 for compliance periods 
ending on June 30 and December 31, respectively.
    (5) For each affected source that is subject to permitting 
regulations pursuant to 40 CFR part 70 or 40 CFR part 71 and, if the 
permitting authority has established dates for submitting semiannual 
reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 
71.6(a)(3)(iii)(A), you may submit the first and subsequent compliance 
reports according to the dates the permitting authority has established 
instead of according to the dates in paragraphs (b)(1) through (4) of 
this section. In such cases, you must notify the Administrator of this 
change.

[[Page 18756]]

    (c) The compliance report must contain the information in 
paragraphs (c)(1) through (6) of this section.
    (1) Company name and address.
    (2) Statement by a responsible official with that official's name, 
title, and signature, certifying that, based on information and belief 
formed after reasonable inquiry, the statements and information in the 
report are true, accurate, and complete.
    (3) Date of report and beginning and ending dates of the reporting 
period.
    (4) If you had a startup, shutdown, or malfunction during the 
reporting period, and you took actions consistent with your SSMP and 
OM&M plan, the compliance report must include the information specified 
in Sec.  63.10(d)(5)(i).
    (5) If there are no deviations from any emission limitations 
(emission limit, operating limit, or work practice standard) that apply 
to you, the compliance report must include a statement that there were 
no deviations from the emission limitations during the reporting 
period.
    (6) If there were no periods during which any affected CPMS was out 
of control as specified in Sec.  63.8(c)(7), the compliance report must 
include a statement that there were no periods during which the CPMS 
was out of control during the reporting period.
    (d) For each deviation from an emission limitation (emission limit, 
operating limit, or work practice standard) that occurs at an affected 
source where you are not using a CPMS to comply with the emission 
limitations in this subpart, the compliance report must contain the 
information in paragraphs (c)(1) through (4) and (d)(1) and (2) of this 
section. This includes periods of startup, shutdown, and malfunction.
    (1) The compliance report must include the total operating time of 
each affected source during the reporting period.
    (2) The compliance report must include information on the number, 
duration, and cause of deviations (including unknown cause, if 
applicable) and the corrective action taken.
    (e) For each deviation from an emission limitation (emission limit, 
operating limit, or work practice standard) occurring at an affected 
source where you are using a CPMS to comply with the emission 
limitation in this subpart, the compliance report must include the 
information in paragraphs (c)(1) through (4) and (e)(1) through (13) of 
this section. This includes periods of startup, shutdown, and 
malfunction.
    (1) The total operating time of each affected source during the 
reporting period.
    (2) The date and time that each startup, shutdown, or malfunction 
started and stopped.
    (3) The date, time, and duration that each CPMS was inoperative.
    (4) The date, time and duration that each CPMS was out of control, 
including the information in Sec.  63.8(c)(8), as required by your OM&M 
plan.
    (5) The date and time that each deviation from an emission 
limitation (emission limit, operating limit, or work practice standard) 
started and stopped, and whether each deviation occurred during a 
period of startup, shutdown, or malfunction.
    (6) A description of corrective action taken in response to a 
deviation.
    (7) A summary of the total duration of the deviations during the 
reporting period and the total duration as a percentage of the total 
source operating time during that reporting period.
    (8) A breakdown of the total duration of the deviations during the 
reporting period into those that are due to startup, shutdown, control 
equipment problems, process problems, other known causes, and other 
unknown causes.
    (9) A summary of the total duration of CPMS downtime during the 
reporting period and the total duration of CPMS downtime as a 
percentage of the total source operating time during that reporting 
period.
    (10) A brief description of the process units.
    (11) A brief description of the CPMS.
    (12) The date of the latest CPMS initial validation or accuracy 
audit.
    (13) A description of any changes in CPMS, processes, or controls 
since the last reporting period.
    (f) If you have obtained a title V operating permit pursuant to 40 
CFR part 70 or 40 CFR part 71, you must report all deviations as 
defined in this subpart in the semiannual monitoring report required by 
40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A). If you submit a 
compliance report according to Table 10 to this subpart along with, or 
as part of, the semiannual monitoring report required by 40 CFR 
70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A), and the compliance 
report includes all required information concerning deviations from any 
emission limitation (including any operating limit), then submitting 
the compliance report will satisfy any obligation to report the same 
deviations in the semiannual monitoring report. However, submitting a 
compliance report will not otherwise affect any obligation you may have 
to report deviations from permit requirements to the permit authority.
    (g) If you operate a clay refractory products kiln or a chromium 
refractory products kiln that is subject to the work practice standard 
specified in item 3 or 4 of Table 3 to this subpart, and you use a fuel 
other than natural gas or equivalent to fire the affected kiln, you 
must submit a report of alternative fuel use within 10 working days 
after terminating the use of the alternative fuel. The report must 
include the information in paragraphs (g)(1) through (6) of this 
section.
    (1) Company name and address.
    (2) Identification of the affected kiln.
    (3) Reason for using the alternative fuel.
    (4) Type of alternative fuel used to fire the affected kiln.
    (5) Dates that the use of the alternative fuel started and ended.
    (6) Amount of alternative fuel used.


Sec.  63.9816  What records must I keep?

    (a) You must keep the records listed in paragraphs (a)(1) through 
(3) of this section.
    (1) A copy of each notification and report 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) The records in Sec.  63.6(e)(3)(iii) through (v) related to 
startup, shutdown, and malfunction.
    (3) Records of performance tests as required in Sec.  
63.10(b)(2)(viii).
    (b) You must keep the records required in Tables 7 through 9 to 
this subpart to show continuous compliance with each emission 
limitation that applies to you.
    (c) You must also maintain the records listed in paragraphs (c)(1) 
through (10) of this section.
    (1) Records of emission data used to develop an emissions profile, 
as indicated in items 8(a)(i)(4) and 17(b)(i)(4) of Table 4 to this 
subpart.
    (2) Records that document how you comply with any applicable work 
practice standard.
    (3) For each bag leak detection system, records of each alarm, the 
time of the alarm, the time corrective action was initiated and 
completed, and a brief description of the cause of the alarm and the 
corrective action taken.
    (4) For each kiln controlled with a DLA, records that document the 
source of limestone used.
    (5) For each deviation of an operating limit parameter value, the 
date, time,

[[Page 18757]]

and duration of the deviation, a brief explanation of the cause of the 
deviation and the corrective action taken, and whether the deviation 
occurred during a period of startup, shutdown, or malfunction.
    (6) 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).
    (7) Records of any approved alternative monitoring method(s) or 
test procedure(s).
    (8) Records of maintenance activities and inspections performed on 
control devices, including all records associated with the scheduled 
maintenance of continuous kiln control devices, as specified in Sec.  
63.9792(e).
    (9) If you operate a source that is subject to the THC emission 
limits specified in item 2, 3, 6, or 7 of Table 1 to this subpart and 
is controlled with a catalytic oxidizer, records of annual checks of 
catalyst activity levels and subsequent corrective actions.
    (10) Current copies of the SSMP and the OM&M plan, including any 
revisions and records documenting conformance with those revisions.


Sec.  63.9818  In what form and how long must I keep my records?

    (a) Your records must be in a form suitable and readily available 
for expeditious review, according to Sec.  63.10(b)(1).
    (b) 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.
    (c) 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.  63.9820  What parts of the General Provisions apply to me?

    Table 11 to this subpart shows which parts of the General 
Provisions specified in Sec. Sec.  63.1 through 63.15 apply to you.


Sec.  63.9822  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by us, the U.S. 
Environmental Protection Agency (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, in addition to the U.S. EPA, has the 
authority to implement and enforce this subpart. You should contact 
your U.S. EPA Regional Office to find out if implementation and 
enforcement to this subpart is delegated to your State, local, or 
tribal agency.
    (b) In delegating implementation and enforcement authority to 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 cannot be delegated to State, local, or 
tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the applicability requirements in 
Sec. Sec.  63.9782 and 63.9784, the compliance date requirements in 
Sec.  63.9786, and the emission limitations in Sec.  63.9788.
    (2) Approval of major changes to test methods under Sec.  
63.7(e)(2)(ii) and (f) and as defined in Sec.  63.90.
    (3) Approval of major changes to monitoring under Sec.  63.8(f) and 
as defined in Sec.  63.90.
    (4) Approval of major changes to recordkeeping and reporting under 
Sec.  63.10(f) and as defined in Sec.  63.90.


Sec.  63.9824  What definitions apply to this subpart?

    Terms used in this subpart are defined in the Clean Air Act, in 40 
CFR 63.2, the General Provisions of this part, and in this section as 
follows:
    Additive means a minor addition of a chemical, mineral, or metallic 
substance that is added to a refractory mixture to facilitate 
processing or impart specific properties to the final refractory 
product.
    Add-on air pollution control device (APCD) means equipment 
installed on a process vent that reduces the quantity of a pollutant 
that is emitted to the air.
    Autoclave means a vessel that is used to impregnate fired and/or 
unfired refractory shapes with pitch to form pitch-impregnated 
refractory products. Autoclaves also can be used as defumers following 
the impregnation process.
    Bag leak detection system means an instrument that is capable of 
monitoring particulate matter loadings in the exhaust of a fabric 
filter in order to detect bag failures. A bag leak detection system 
includes, but is not limited to, an instrument that operates on 
triboelectric, light-scattering, light-transmittance, or other effects 
to monitor relative PM loadings.
    Basket means the metal container used to hold refractory shapes for 
pitch impregnation during the shape preheating, impregnation, defuming, 
and, if applicable, coking processes.
    Batch process means a process in which a set of refractory shapes 
is acted upon as a single unit according to a predetermined schedule, 
during which none of the refractory shapes being processed are added or 
removed. A batch process does not operate continuously.
    Binder means a substance added to a granular material to give it 
workability and green or dry strength.
    Catalytic oxidizer means an add-on air pollution control device 
that is designed specifically to destroy organic compounds in a process 
exhaust gas stream by catalytic incineration. A catalytic oxidizer 
includes a bed of catalyst media through which the process exhaust 
stream passes to promote combustion and incineration at a lower 
temperature than would be possible without the catalyst.
    Chromium refractory product means a refractory product that 
contains at least 1 percent chromium by weight.
    Clay refractory product means a refractory product that contains at 
least 10 percent uncalcined clay by weight prior to firing in a kiln. 
In this definition, the term ``clay'' means any of the following six 
classifications of clay defined by the U.S. Geologic Survey: ball clay, 
bentonite, common clay and shale, fire clay, fuller's earth, and 
kaolin.
    Coking oven means a thermal process unit that operates at a peak 
temperature typically between 540[deg] and 870[deg]C (1000[deg] and 
1600[deg]F) and is used to drive off the volatile constituents of 
pitch-impregnated refractory shapes under a reducing or oxygen-deprived 
atmosphere.
    Continuous parameter monitoring system (CPMS) means the total 
equipment that is used to measure and record temperature, pressure, 
liquid flow rate, gas flow rate, or pH on a continuous basis in one or 
more locations. ``Total equipment'' includes the sensor, mechanical 
components, electronic components, data acquisition system, data 
recording system, electrical wiring, and other components of a CPMS.
    Continuous process means a process that operates continuously. In a 
continuous process unit, the materials or shapes that are processed are 
either continuously charged (fed) to and discharged from the process 
unit, or are charged and discharged at regular time intervals without 
the process unit being shut down. Continuous thermal process units, 
such as tunnel kilns, generally include temperature zones that are 
maintained at relatively constant

[[Page 18758]]

temperature and through which the materials or shapes being processed 
are conveyed continuously or at regular time intervals.
    Curing oven means a thermal process unit that operates at a peak 
temperature typically between 90[deg] and 340[deg]C (200[deg] and 
650[deg]F) and is used to activate a thermosetting resin, pitch, or 
other binder in refractory shapes. Curing ovens also perform the same 
function as shape dryers in removing the free moisture from refractory 
shapes.
    Defumer means a process unit that is used for holding pitch-
impregnated refractory shapes as the shapes defume or cool immediately 
following the impregnation process. This definition includes autoclaves 
that are opened and exhausted to the atmosphere following an 
impregnation cycle and used for holding pitch-impregnated refractory 
shapes while the shapes defume or cool.
    Deviation means any instance in which an affected source subject to 
this subpart, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this 
subpart including, but not limited to, any emission limitation 
(emission limit, operating limit, or work practice standard);
    (2) Fails to meet any term or condition that is adopted to 
implement an applicable requirement in this subpart for any affected 
source required to obtain such a permit; or
    (3) Fails to meet any emission limitation (emission limit, 
operating limit, or work practice standard) in this subpart during 
startup, shutdown, or malfunction, regardless of whether or not such 
failure is permitted by this subpart.
    Dry injection fabric filter (DIFF) means an add-on air pollution 
control device that includes continuous injection of hydrated lime or 
other sorbent into a duct or reaction chamber followed by a fabric 
filter.
    Dry lime scrubber/fabric filter (DLS/FF) means an add-on air 
pollution control device that includes continuous injection of 
humidified hydrated lime or other sorbent into a reaction chamber 
followed by a fabric filter. These systems may include recirculation of 
some of the sorbent.
    Dry limestone adsorber (DLA) means an air pollution control device 
that includes a limestone storage bin, a reaction chamber that is 
essentially a packed-tower filled with limestone, and may or may not 
include a peeling drum that mechanically scrapes reacted limestone to 
regenerate the stone for reuse.
    Emission limitation means any restriction on the emissions a 
process unit may discharge.
    Fabric filter means an add-on air pollution control device used to 
capture particulate matter by filtering a process exhaust stream 
through a filter or filter media; a fabric filter is also known as a 
baghouse.
    Fired refractory shape means a refractory shape that has been fired 
in a kiln.
    HAP means any hazardous air pollutant that appears in section 
112(b) of the Clean Air Act.
    Kiln means a thermal process unit that operates at a peak 
temperature greater than 820[deg]C (1500[deg]F) and is used for firing 
or sintering refractory, ceramic, or other shapes.
    Kiln furniture means any refractory shape that is used to hold, 
support, or position ceramic or refractory products in a kiln during 
the firing process.
    Maximum organic HAP processing rate means the combination of 
process and refractory product formulation that has the greatest 
potential to emit organic HAP. The maximum organic HAP processing rate 
is a function of the organic HAP processing rate, process operating 
temperature, and other process operating parameters that affect 
emissions of organic HAP. (See also the definition of organic HAP 
processing rate.)
    Organic HAP processing rate means the rate at which the mass of 
organic HAP materials contained in refractory shapes are processed in 
an affected thermal process unit. The organic HAP processing rate is a 
function of the amount of organic HAP contained in the resins, binders, 
and additives used in a refractory mix; the amounts of those resins, 
binders, and additives in the refractory mix; and the rate at which the 
refractory shapes formed from the refractory mix are processed in an 
affected thermal process unit. For continuous process units, the 
organic HAP processing rate is expressed in units of mass of organic 
HAP per unit of time (e.g., pounds per hour). For batch process units, 
the organic HAP processing rate is expressed in units of mass of 
organic HAP per unit mass of refractory shapes processed during the 
batch process cycle (e.g., pounds per ton).
    Particulate matter (PM) means, for the purposes of this subpart, 
emissions of particulate matter that serve as a measure of total 
particulate emissions as measured by EPA Method 5 of 40 CFR part 60, 
appendix A.
    Peak emissions period means the period of consecutive hourly mass 
emissions of the applicable pollutant that is greater than any other 
period of consecutive hourly mass emissions for the same pollutant over 
the course of a specified batch process cycle, as defined in paragraphs 
(1) and (2) of this definition. The peak emissions period is a function 
of the rate at which the temperature of the refractory shapes is 
increased, the mass and loading configuration of the shapes in the 
process unit, the constituents of the refractory mix, and the type of 
pollutants emitted.
    (1) The 3-hour peak THC emissions period is the period of 3 
consecutive hours over which the sum of the hourly THC mass emissions 
rates is greater than the sum of the hourly THC mass emissions rates 
for any other period of 3 consecutive hours during the same batch 
process cycle.
    (2) The 3-hour peak HF emissions period is the period of 3 
consecutive hours over which the sum of the hourly HF mass emissions 
rates is greater than the sum of the hourly HF mass emissions rates for 
any other period of 3 consecutive hours during the same batch process 
cycle.
    Period of natural gas curtailment or supply interruption means a 
period of time during which the supply of natural gas to an affected 
facility is halted for reasons beyond the control of the facility. An 
increase in the cost or unit price of natural gas does not constitute a 
period of natural gas curtailment or supply interruption.
    Pitch means the residue from the distillation of petroleum or coal 
tar.
    Pitch-bonded refractory product means a formed refractory product 
that is manufactured using pitch as a bonding agent. Pitch-bonded 
refractory products are manufactured by mixing pitch with magnesium 
oxide, graphite, alumina, silicon carbide, silica, or other refractory 
raw materials, and forming the mix into shapes. After forming, pitch-
bonded refractory products are cured in a curing oven and may be 
subsequently fired in a kiln.
    Pitch-impregnated refractory product means a refractory shape that 
has been fired in a kiln, then impregnated with heated coal tar or 
petroleum pitch under pressure. After impregnation, pitch-impregnated 
refractory shapes may undergo the coking process in a coking oven. The 
total carbon content of a pitch-impregnated refractory product is less 
than 50 percent.
    Pitch working tank means a tank that is used for heating pitch to 
the impregnation temperature, typically between 150[deg] and 260[deg]C 
(300[deg] and 500[deg]F); temporarily storing heated pitch between 
impregnation cycles; and transferring pitch to and from the

[[Page 18759]]

autoclave during the impregnation step in manufacturing pitch-
impregnated refractory products.
    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.
    Redundant sensor means a second sensor or a back-up sensor that is 
integrated into a CPMS and is used to check the parameter value (e.g., 
temperature, pressure) measured by the primary sensor of the CPMS.
    Refractory product means nonmetallic materials containing less than 
50 percent carbon by weight and having those chemical and physical 
properties that make them applicable for structures, or as components 
of systems, that are exposed to environments above 538[deg]C 
(1000[deg]F). This definition includes, but is not limited to: 
refractory bricks, kiln furniture, crucibles, refractory ceramic fiber, 
and other materials used as linings for boilers, kilns, and other 
processing units and equipment where extremes of temperature, 
corrosion, and abrasion would destroy other materials.
    Refractory products that use organic HAP means resin-bonded 
refractory products, pitch-bonded refractory products, and other 
refractory products that are produced using a substance that is an 
organic HAP, that releases an organic HAP during production of the 
refractory product, or that contains an organic HAP, such as methanol 
or ethylene glycol.
    Refractory shape means any refractory piece forming a stable mass 
with specific dimensions.
    Research and development process unit means any process unit whose 
purpose is to conduct research and development for new processes and 
products and is not engaged in the manufacture of products for 
commercial sale, except in a de minimis manner.
    Resin-bonded refractory product means a formed refractory product 
that is manufactured using a phenolic resin or other type of 
thermosetting resin as a bonding agent. Resin-bonded refractory 
products are manufactured by mixing resin with alumina, magnesium 
oxide, graphite, silica, zirconia, or other refractory raw materials, 
and forming the mix into shapes. After forming, resin-bonded refractory 
products are cured in a curing oven and may be subsequently fired in a 
kiln.
    Responsible official means one of the following:
    (1) For a corporation: a president, secretary, treasurer, or vice-
president of the corporation in charge of a principal business 
function, or any other person who performs similar policy or 
decisionmaking functions for the corporation, or a duly authorized 
representative of such person if the representative is responsible for 
the overall operation of one or more manufacturing, production, or 
operating facilities applying for or subject to a permit and either:
    (i) The facilities employ more than 250 persons or have gross 
annual sales or expenditures exceeding $25 million (in second quarter 
1980 dollars); or
    (ii) The delegation of authority to such representatives is 
approved in advance by the Administrator;
    (2) For a partnership or sole proprietorship: a general partner or 
the proprietor, respectively;
    (3) For a municipality, State, Federal, or other public agency: 
either a principal executive officer or ranking elected official. For 
the purposes of this part, a principal executive officer of a Federal 
agency includes the chief executive officer having responsibility for 
the overall operations of a principal geographic unit of the agency 
(e.g., a Regional Administrator of EPA); or
    (4) For affected sources (as defined in this subpart) applying for 
or subject to a title V permit: ``responsible official'' shall have the 
same meaning as defined in part 70 or Federal title V regulations in 
this chapter (42 U.S.C. 7661), whichever is applicable.
    Shape dryer means a thermal process unit that operates at a peak 
temperature typically between 40[deg] and 700[deg]C (100[deg] and 
1300[deg]F) and is used exclusively to reduce the free moisture content 
of a refractory shape. Shape dryers generally are the initial thermal 
process step following the forming step in refractory products 
manufacturing. (See also the definition of a curing oven.)
    Shape preheater means a thermal process unit that operates at a 
peak temperature typically between 180[deg] and 320[deg]C (350[deg] and 
600[deg]F) and is used to heat fired refractory shapes prior to the 
impregnation step in manufacturing pitch-impregnated refractory 
products.
    Thermal oxidizer means an add-on air pollution control device that 
includes one or more combustion chambers and is designed specifically 
to destroy organic compounds in a process exhaust gas stream by 
incineration.
    Uncalcined clay means clay that has not undergone thermal 
processing in a calciner.
    Wet scrubber means an add-on air pollution control device that 
removes pollutants from a gas stream by bringing them into contact with 
a liquid, typically water.
    Work practice standard means any design, equipment, work practice, 
or operational standard, or combination thereof, that is promulgated 
pursuant to section 112(h) of the Clean Air Act.

[[Page 18760]]

Tables to Subpart SSSSS of Part 63

    As stated in Sec.  63.9788, you must comply with the emission 
limits for affected sources in the following table:

          Table 1 to Subpart SSSSS of Part 63.--Emission Limits
------------------------------------------------------------------------
                                           You must meet the following
               For . . .                      emission limits . . .
------------------------------------------------------------------------
1. Each new or existing curing oven,     As specified in items 2 through
 shape dryer, and kiln that is used to    9 of this table.
 process refractory products that use
 organic HAP; each new or existing
 coking oven and defumer that is used
 to produce pitch-impregnated
 refractory products; each new shape
 preheater that is used to produce
 pitch-impregnated refractory products;
 AND each new or existing process unit
 that is exhausted to a thermal or
 catalytic oxidizer that also controls
 emissions from an affected shape
 preheater or pitch working tank.
2. Continuous process units that are     a. The 3-hour block average THC
 controlled with a thermal or catalytic   concentration must not exceed
 oxidizer.                                20 parts per million by
                                          volume, dry basis (ppmvd),
                                          corrected to 18 percent
                                          oxygen, at the outlet of the
                                          control device; or
                                         b. The 3-hour block average THC
                                          mass emissions rate must be
                                          reduced by at least 95
                                          percent.
3. Continuous process units that are     a. The 3-hour block average THC
 equipped with a control device other     concentration must not exceed
 than a thermal or catalytic oxidizer.    20 ppmvd, corrected to 18
                                          percent oxygen, at the outlet
                                          of the control device; or
                                         b. The 3-hour block average THC
                                          mass emissions rate must be
                                          reduced by at least 95
                                          percent.
4. Continuous process units that use     The 3-hour block average THC
 process changes to reduce organic HAP    concentration must not exceed
 emissions.                               20 ppmvd, corrected to 18
                                          percent oxygen, at the outlet
                                          of the process gas stream.
5. Continuous kilns that are not         The 3-hour block average THC
 equipped with a control device.          concentration must not exceed
                                          20 ppmvd, corrected to 18
                                          percent oxygen, at the outlet
                                          of the process gas stream.
6. Batch process units that are          a. The 2-run block average THC
 controlled with a thermal or catalytic   concentration for the 3-hour
 oxidizer.                                peak emissions period must not
                                          exceed 20 ppmvd, corrected to
                                          18 percent oxygen, at the
                                          outlet of the control device;
                                          or
                                         b. The 2-run block average THC
                                          mass emissions rate for the 3-
                                          hour peak emissions period
                                          must be reduced by at least 95
                                          percent.
7. Batch process units that are          a. The 2-run block average THC
 equipped with a control device other     concentration for the 3-hour
 than a thermal or catalytic oxidizer.    peak emissions period must not
                                          exceed 20 ppmvd, corrected to
                                          18 percent oxygen, at the
                                          outlet of the control device;
                                          or
                                         b. The 2-run block average THC
                                          mass emissions rate for the 3-
                                          hour peak emissions period
                                          must be reduced by at least 95
                                          percent.
8. Batch process units that use process  The 2-run block average THC
 changes to reduce organic HAP            concentration for the 3-hour
 emissions.                               peak emissions period must not
                                          exceed 20 ppmvd, corrected to
                                          18 percent oxygen, at the
                                          outlet of the process gas
                                          stream.
9. Batch process kilns that are not      The 2-run block average THC
 equipped with a control device.          concentration for the 3-hour
                                          peak emissions period must not
                                          exceed 20 ppmvd, corrected to
                                          18 percent oxygen, at the
                                          outlet of the process gas
                                          stream.
10. Each new continuous kiln that is     a. The 3-hour block average HF
 used to produce clay refractory          emissions must not exceed
 products.                                0.019 kilograms per megagram
                                          (kg/Mg) (0.038 pounds per ton
                                          (lb/ton)) of uncalcined clay
                                          processed, OR the 3-hour block
                                          average HF mass emissions rate
                                          must be reduced by at least 90
                                          percent; and
                                         b. The 3-hour block average HCl
                                          emissions must not exceed
                                          0.091 kg/Mg (0.18 lb/ton) of
                                          uncalcined clay processed, OR
                                          the 3-hour block average HCl
                                          mass emissions rate must be
                                          reduced by at least 30
                                          percent.
11. Each new batch process kiln that is  a. The 2-run block average HF
 used to produce clay refractory          mass emissions rate for the 3-
 products.                                hour peak emissions period
                                          must be reduced by at least 90
                                          percent; and
                                         b. The 2-run block average HCl
                                          mass emissions rate for the 3-
                                          hour peak emissions period
                                          must be reduced by at least 30
                                          percent.
------------------------------------------------------------------------

    As stated in Sec.  63.9788, you must comply with the operating 
limits for affected sources in the following table:

         Table 2 to Subpart SSSSS of Part 63.--Operating Limits
------------------------------------------------------------------------
               For . . .                          You must . . .
------------------------------------------------------------------------
1. Each affected source listed in Table  a. Operate all affected sources
 1 to this subpart.                       according to the requirements
                                          to this subpart on and after
                                          the date on which the initial
                                          performance test is conducted
                                          or required to be conducted,
                                          whichever date is earlier; and
                                         b. Capture emissions and vent
                                          them through a closed system;
                                          and
                                         c. Operate each control device
                                          that is required to comply
                                          with this subpart on each
                                          affected source during all
                                          periods that the source is
                                          operating, except where
                                          specified in Sec.
                                          63.9792(e), item 2 of this
                                          table, and item 13 of Table 4
                                          to this subpart; and

[[Page 18761]]

 
                                         d. Record all operating
                                          parameters specified in Table
                                          8 to this subpart for the
                                          affected source; and
                                         e. Prepare and implement a
                                          written OM&M plan as specified
                                          in Sec.   63.9792(d).
2. Each affected continuous kiln that    a. Receive approval from the
 is equipped with an emission control     Administrator before taking
 device.                                  the control device on the
                                          affected kiln out of service
                                          for scheduled maintenance, as
                                          specified in Sec.
                                          63.9792(e); and
                                         b. Minimize HAP emissions from
                                          the affected kiln during all
                                          periods of scheduled
                                          maintenance of the kiln
                                          control device when the kiln
                                          is operating and the control
                                          device is out of service; and
                                         c. Minimize the duration of all
                                          periods of scheduled
                                          maintenance of the kiln
                                          control device when the kiln
                                          is operating and the control
                                          device is out of service.
3. Each new or existing curing oven,     Satisfy the applicable
 shape dryer, and kiln that is used to    operating limits specified in
 process refractory products that use     items 4 through 9 of this
 organic HAP; each new or existing        table.
 coking oven and defumer that is used
 to produce pitch-impregnated
 refractory products; each new shape
 preheater that is used to produce
 pitch-impregnated refractory products;
 AND each new or existing process unit
 that is exhausted to a thermal or
 catalytic oxidizer that also controls
 emissions from an affected shape
 preheater or pitch working tank.
4. Each affected continuous process      Maintain the 3-hour block
 unit.                                    average organic HAP processing
                                          rate (pounds per hour) at or
                                          below the maximum organic HAP
                                          processing rate established
                                          during the most recent
                                          performance test.
5. Continuous process units that are     Maintain the 3-hour block
 equipped with a thermal oxidizer.        average operating temperature
                                          in the thermal oxidizer
                                          combustion chamber at or above
                                          the minimum allowable
                                          operating temperature for the
                                          oxidizer established during
                                          the most recent performance
                                          test.
6. Continuous process units that are     a. Maintain the 3-hour block
 equipped with a catalytic oxidizer.      average operating temperature
                                          at the inlet of the catalyst
                                          bed of the oxidizer at or
                                          above the minimum allowable
                                          operating temperature for the
                                          oxidizer established during
                                          the most recent performance
                                          test; and
                                         b. Check the activity level of
                                          the catalyst at least every 12
                                          months.
7. Each affected batch process unit....  For each batch cycle, maintain
                                          the organic HAP processing
                                          rate (pounds per batch) at or
                                          below the maximum organic HAP
                                          processing rate established
                                          during the most recent
                                          performance test.
8. Batch process units that are          a. From the start of each batch
 equipped with a thermal oxidizer.        cycle until 3 hours have
                                          passed since the process unit
                                          reached maximum temperature,
                                          maintain the hourly average
                                          operating temperature in the
                                          thermal oxidizer combustion
                                          chamber at or above the
                                          minimum allowable operating
                                          temperature established for
                                          the corresponding period
                                          during the most recent
                                          performance test, as
                                          determined according to item
                                          11 of Table 4 to this subpart;
                                          and
                                         b. For each subsequent hour of
                                          the batch cycle, maintain the
                                          hourly average operating
                                          temperature in the thermal
                                          oxidizer combustion chamber at
                                          or above the minimum allowable
                                          operating temperature
                                          established for the
                                          corresponding hour during the
                                          most recent performance test,
                                          as specified in item 13 of
                                          Table 4 to this subpart.
9. Batch process units that are          a. From the start of each batch
 equipped with a catalytic oxidizer.      cycle until 3 hours have
                                          passed since the process unit
                                          reached maximum temperature,
                                          maintain the hourly average
                                          operating temperature at the
                                          inlet of the catalyst bed at
                                          or above the minimum allowable
                                          operating temperature
                                          established for the
                                          corresponding period during
                                          the most recent performance
                                          test, as determined according
                                          to item 12 of Table 4 to this
                                          subpart; and
                                         b. For each subsequent hour of
                                          the batch cycle, maintain the
                                          hourly average operating
                                          temperature at the inlet of
                                          the catalyst bed at or above
                                          the minimum allowable
                                          operating temperature
                                          established for the
                                          corresponding hour during the
                                          most recent performance test,
                                          as specified in item 13 of
                                          Table 4 to this subpart; and
                                         c. Check the activity level of
                                          the catalyst at least every 12
                                          months.
10. Each new kiln that is used to        Satisfy the applicable
 process clay refractory products.        operating limits specified in
                                          items 11 through 13 of this
                                          table.
11. Each affected kiln that is equipped  a. Maintain the 3-hour block
 with a DLA.                              average pressure drop across
                                          the DLA at or above the
                                          minimum levels established
                                          during the most recent
                                          performance test; and
                                         b. Maintain free-flowing
                                          limestone in the feed hopper,
                                          silo, and DLA at all times;
                                          and
                                         c. Maintain the limestone
                                          feeder at or above the level
                                          established during the most
                                          recent performance test; and

[[Page 18762]]

 
                                         d. Use the same grade of
                                          limestone from the same source
                                          as was used during the most
                                          recent performance test and
                                          maintain records of the source
                                          and type of limestone used.
12. Each affected kiln that is equipped  a. Initiate corrective action
 with a DIFF or DLS/FF.                   within 1 hour of a bag leak
                                          detection system alarm and
                                          complete corrective actions in
                                          accordance with the OM&M plan;
                                          and
                                         b. Verify at least once each 8-
                                          hour shift that lime is free-
                                          flowing by means of a visual
                                          check, checking the output of
                                          a load cell, carrier gas/lime
                                          flow indicator, or carrier gas
                                          pressure drop measurement
                                          system; and
                                         c. Record the lime feeder
                                          setting daily to verify that
                                          the feeder setting is at or
                                          above the level established
                                          during the most recent
                                          performance test.
13. Each affected kiln that is equipped  a. Maintain the 3-hour block
 with a wet scrubber.                     average pressure drop across
                                          the scrubber, liquid pH, and
                                          liquid flow rate at or above
                                          the minimum levels established
                                          during the most recent
                                          performance test; and
                                         b. If chemicals are added to
                                          the scrubber liquid, maintain
                                          the 3-hour block average
                                          chemical feed rate at or above
                                          the minimum chemical feed rate
                                          established during the most
                                          recent performance test.
------------------------------------------------------------------------

    As stated in Sec.  63.9788, you must comply with the work practice 
standards for affected sources in the following table:

      Table 3 to Subpart SSSSS of Part 63.--Work Practice Standards
------------------------------------------------------------------------
                                                       According to one
            For . . .               You must . . .     of the following
                                                      requirements . . .
------------------------------------------------------------------------
1. Each basket or container that  a. Control POM      i. At least every
 is used for holding fired         emissions from      10 preheating
 refractory shapes in an           any affected        cycles, clean the
 existing shape preheater and      shape preheater.    residual pitch
 autoclave during the pitch                            from the surfaces
 impregnation process.                                 of the basket or
                                                       container by
                                                       abrasive blasting
                                                       prior to placing
                                                       the basket or
                                                       container in the
                                                       affected shape
                                                       preheater; or
                                                      ii. At least every
                                                       10 preheating
                                                       cycles, subject
                                                       the basket or
                                                       container to a
                                                       thermal process
                                                       cycle that meets
                                                       or exceeds the
                                                       operating
                                                       temperature and
                                                       cycle time of the
                                                       affected
                                                       preheater, AND is
                                                       conducted in a
                                                       process unit that
                                                       is exhausted to a
                                                       thermal or
                                                       catalytic
                                                       oxidizer that is
                                                       comparable to the
                                                       control device
                                                       used on an
                                                       affected defumer
                                                       or coking oven;
                                                       or
                                                      iii. Capture
                                                       emissions from
                                                       the affected
                                                       shape preheater
                                                       and vent them to
                                                       the control
                                                       device that is
                                                       used to control
                                                       emissions from an
                                                       affected defumer
                                                       or coking oven,
                                                       or to a
                                                       comparable
                                                       thermal or
                                                       catalytic
                                                       oxidizer.
2. Each new or existing pitch     Control POM         Capture emissions
 working tank.                     emissions.          from the affected
                                                       pitch working
                                                       tank and vent
                                                       them to the
                                                       control device
                                                       that is used to
                                                       control emissions
                                                       from an affected
                                                       defumer or coking
                                                       oven, OR to a
                                                       comparable
                                                       thermal or
                                                       catalytic
                                                       oxidizer.
3. Each new or existing chromium  Minimize fuel-      Use natural gas,
 refractory products kiln.         based HAP           or equivalent, as
                                   emissions.          the kiln fuel,
                                                       except during
                                                       periods of
                                                       natural gas
                                                       curtailment or
                                                       supply
                                                       interruption, as
                                                       defined in Sec.
                                                       63.9824.
4. Each existing clay refractory  Minimize fuel-      Use natural gas,
 products kiln.                    based HAP           or equivalent, as
                                   emissions.          the kiln fuel,
                                                       except during
                                                       periods of
                                                       natural gas
                                                       curtailment or
                                                       supply
                                                       interruption, as
                                                       defined in Sec.
                                                       63.9824.
------------------------------------------------------------------------

    As stated in Sec.  63.9800, you must comply with the requirements 
for performance tests for affected sources in the following table:

[[Page 18763]]



                    Table 4 to Subpart SSSSS to Part 63.--Requirements for Performance Tests
----------------------------------------------------------------------------------------------------------------
                                                                                            According to the
            For . . .                    You must . . .              Using . . .        following requirements .
                                                                                                   . .
----------------------------------------------------------------------------------------------------------------
1. Each affected source listed in  a. Conduct performance     i. The requirements of    (1) Record the date of
 Table 1 to this subpart.           tests.                     the general provisions    the test; and
                                                               in subpart A of this     (2) Identify the
                                                               part and the              emission source that is
                                                               requirements to this      tested; and
                                                               subpart.                 (3) Collect and record
                                                                                         the corresponding
                                                                                         operating parameter and
                                                                                         emission test data
                                                                                         listed in this table
                                                                                         for each run of the
                                                                                         performance test; and
                                                                                        (4) Repeat the
                                                                                         performance test at
                                                                                         least every 5 years;
                                                                                         and
                                                                                        (5) Repeat the
                                                                                         performance test before
                                                                                         changing the parameter
                                                                                         value for any operating
                                                                                         limit specified in your
                                                                                         OM&M plan; and
                                                                                         (6) If complying with
                                                                                         the THC concentration
                                                                                         or THC percentage
                                                                                         reduction limits
                                                                                         specified in items 2
                                                                                         through 9 of Table 1 to
                                                                                         this subpart, repeat
                                                                                         the performance test
                                                                                         under the conditions
                                                                                         specified in items
                                                                                         2.a.2. and 2.a.3. of
                                                                                         this table; and
                                                                                        (7) If complying with
                                                                                         the emission limits for
                                                                                         new clay refractory
                                                                                         products kilns
                                                                                         specified in items 10
                                                                                         and 11 of Table 1 to
                                                                                         this subpart, repeat
                                                                                         the performance test
                                                                                         under the conditions
                                                                                         specified in items
                                                                                         14.a.i.4. and 17.a.i.4.
                                                                                         of this table.
                                   b. Select the locations    i. Method 1 or 1A of 40   (1) To demonstrate
                                    of sampling ports and      CFR part 60, appendix A.  compliance with the
                                    the number of traverse                               percentage reduction
                                    points.                                              limits specified in
                                                                                         items 2.b., 3.b., 6.b.,
                                                                                         7.b., 10, and 11 of
                                                                                         Table 1 to this
                                                                                         subpart, locate
                                                                                         sampling sites at the
                                                                                         inlet of the control
                                                                                         device and at either
                                                                                         the outlet of the
                                                                                         control device or at
                                                                                         the stack prior to any
                                                                                         releases to the
                                                                                         atmosphere; and
                                                                                        (2) To demonstrate
                                                                                         compliance with any
                                                                                         other emission limit
                                                                                         specified in Table 1 to
                                                                                         this subpart, locate
                                                                                         all sampling sites at
                                                                                         the outlet of the
                                                                                         control device or at
                                                                                         the stack prior to any
                                                                                         releases to the
                                                                                         atmosphere.
                                   c. Determine gas velocity  Method 2, 2A, 2C, 2D,     Measure gas velocities
                                    and volumetric flow rate.  2F, or 2G of 40 CFR       and volumetric flow
                                                               part 60, appendix A.      rates at 1-hour
                                                                                         intervals throughout
                                                                                         each test run.
                                   d. Conduct gas molecular   (i) Method 3, 3A, or 3B   As specified in the
                                    weight analysis.           of 40 CFR part 60,        applicable test method.
                                                               appendix A; or
                                                              (ii) ASME PTC 19.10-1981- You may use ASME PTC
                                                               Part 10.                  19.10-1981-Part 10
                                                                                         (available for purchase
                                                                                         from Three Park Avenue,
                                                                                         New York, NY 10016-
                                                                                         5990) as an alternative
                                                                                         to EPA Method 3B.
                                   e. Measure gas moisture    Method 4 of 40 CFR part   As specified in the
                                    content.                   60, appendix A.           applicable test method.

[[Page 18764]]

 
2. Each new or existing curing     a. Conduct performance     ........................  (1) Conduct the
 oven, shape dryer, and kiln that   tests.                                               performance test while
 is used to process refractory                                                           the source is operating
 products that use organic HAP;                                                          at the maximum organic
 each new or existing coking oven                                                        HAP processing rate, as
 and defumer that is used to                                                             defined in Sec.
 produce pitch-impregnated                                                               63.9824, reasonably
 refractory products; each new                                                           expected to occur; and
 shape preheater that is used to                                                        (2) Repeat the
 produce pitch-impregnated                                                               performance test before
 refractory products; AND each                                                           starting production of
 new or existing process unit                                                            any product for which
 that is exhausted to a thermal                                                          the organic HAP
 or catalytic oxidizer that also                                                         processing rate is
 controls emissions from an                                                              likely to exceed the
 affected shape preheater or                                                             maximum organic HAP
 pitch working tank.                                                                     processing rate
                                                                                         established during the
                                                                                         most recent performance
                                                                                         test by more than 10
                                                                                         percent, as specified
                                                                                         in Sec.   63.9798(c);
                                                                                         and
                                                                                        (3) Repeat the
                                                                                         performance test on any
                                                                                         affected uncontrolled
                                                                                         kiln following process
                                                                                         changes (e.g., shorter
                                                                                         curing oven cycle time)
                                                                                         that could increase
                                                                                         organic HAP emissions
                                                                                         from the affected kiln,
                                                                                         as specified in Sec.
                                                                                         63.9798(d).
                                   b. Satisfy the applicable
                                    requirements listed in
                                    items 3 through 13 of
                                    this table.
3. Each affected continuous        a. Perform a minimum of 3  The appropriate test      Each test run must be at
 process unit.                      test runs.                 methods specified in      least 1 hour in
                                                               items 1, 4, and 5 of      duration.
                                                               this table.
                                   b. Establish the           i. Method 311 of 40 CFR   (1) Calculate and record
                                    operating limit for the    part 63, appendix A, OR   the organic HAP content
                                    maximum organic HAP        material safety data      of all refractory
                                    processing rate.           sheets (MSDS), OR         shapes that are
                                                               product labels to         processed during the
                                                               determine the mass        performance test, based
                                                               fraction of organic HAP   on the mass fraction of
                                                               in each resin, binder,    organic HAP in the
                                                               or additive; and          resins, binders, or
                                                                                         additives; the mass
                                                                                         fraction of each resin,
                                                                                         binder, or additive, in
                                                                                         the product; and the
                                                                                         process feed rate; and
                                                              ii. Product formulation   (2) Calculate and record
                                                               data that specify the     the organic HAP
                                                               mass fraction of each     processing rate (pounds
                                                               resin, binder, and        per hour) for each test
                                                               additive in the           run; and
                                                               products that are
                                                               processed during the
                                                               performance test; and
                                                              iii. Process feed rate    (3) Calculate and record
                                                               data (tons per hour).     the maximum organic HAP
                                                                                         processing rate as the
                                                                                         average of the organic
                                                                                         HAP processing rates
                                                                                         for the three test
                                                                                         runs.
                                   c. Record the operating    Process data............  During each test run and
                                    temperature of the                                   at least once per hour,
                                    affected source.                                     record the operating
                                                                                         temperature in the
                                                                                         highest temperature
                                                                                         zone of the affected
                                                                                         source.
4. Each continuous process unit    a. Measure THC             i. Method 25A of 40 CFR   (1) Each minute, measure
 that is subject to the THC         concentrations at the      part 60, appendix A.      and record the
 emission limit listed in item      outlet of the control                                concentrations of THC
 2.a., 3.a., 4, or 5 of Table 1     device or in the stack.                              in the exhaust stream;
 to this subpart.                                                                        and
                                                                                        (2) Provide at least 50
                                                                                         1-minute measurements
                                                                                         for each valid hourly
                                                                                         average THC
                                                                                         concentration.

[[Page 18765]]

 
                                   b. Measure oxygen          i. Method 3A of 40 CFR    (1) Each minute, measure
                                    concentrations at the      part 60, appendix A.      and record the
                                    outlet of the control                                concentrations of
                                    device or in the stack.                              oxygen in the exhaust
                                                                                         stream; and
                                                                                        (2) Provide at least 50
                                                                                         1-minute measurements
                                                                                         for each valid hourly
                                                                                         average THC
                                                                                         concentration.
                                   c. Determine the hourly    i. Equation 1 of Sec.     (1) Calculate the hourly
                                    average THC                63.9800(g)(1); and.       average THC
                                    concentration, corrected  ii. The 1-minute THC and   concentration for each
                                    to 18 percent oxygen.      oxygen concentration      hour of the performance
                                                               data.                     test as the average of
                                                                                         the 1-minute THC
                                                                                         measurements; and
                                                                                        (2) Calculate the hourly
                                                                                         average oxygen
                                                                                         concentration for each
                                                                                         hour of the performance
                                                                                         test as the average of
                                                                                         the 1-minute oxygen
                                                                                         measurements; and
                                                                                        (3) Correct the hourly
                                                                                         average THC
                                                                                         concentrations to 18
                                                                                         percent oxygen using
                                                                                         Equation 1 of Sec.
                                                                                         63.9800(g)(1).
                                   d. Determine the 3-hour    The hourly average        Calculate the 3-hour
                                    block average THC          concentration of THC,     block average THC
                                    emission concentration,    corrected to 18 percent   emission concentration,
                                    corrected to 18 percent    oxygen, for each test     corrected to 18 percent
                                    oxygen.                    run.                      oxygen, as the average
                                                                                         of the hourly average
                                                                                         THC emission
                                                                                         concentrations,
                                                                                         corrected to 18 percent
                                                                                         oxygen.
5. Each continuous process unit    a. Measure THC             i. Method 25A of 40 CFR   (1) Each minute, measure
 that is subject to the THC         concentrations at the      part 60, appendix A.      and record the
 percentage reduction limit         inlet and outlet of the                              concentrations of THC
 listed in item 2.b. or 3.b. of     control device.                                      at the inlet and outlet
 Table 1 to this subpart.                                                                of the control device;
                                                                                         and
                                                                                        (2) Provide at least 50
                                                                                         1-minute measurements
                                                                                         for each valid hourly
                                                                                         average THC
                                                                                         concentration at the
                                                                                         control device inlet
                                                                                         and outlet.
                                   b. Determine the hourly    i. The 1-minute THC       Calculate the hourly THC
                                    THC mass emissions rates   concentration data at     mass emissions rates at
                                    at the inlet and outlet    the control device        the control device
                                    of the control device.     inlet and outlet; and     inlet and outlet for
                                                              ii. The volumetric flow    each hour of the
                                                               rates at the control      performance test.
                                                               device inlet and outlet.
                                   c. Determine the 3-hour    i. The hourly THC mass    (1) Calculate the hourly
                                    block average THC          emissions rates at the    THC percentage
                                    percentage reduction.      inlet and outlet of the   reduction for each hour
                                                               control device.           of the performance test
                                                                                         using Equation 2 of
                                                                                         Sec.   63.9800(g)(1);
                                                                                         and
                                                                                        (2) Calculate the 3-hour
                                                                                         block average THC
                                                                                         percentage reduction.
6. Each continous process unit     a. Establish the           i. Continuous recording   (1) At least every 15
 that is equipped with a thermal    operating limit for the    of the output of the      minutes, measure and
 oxidizer.                          minimum allowable          combustion chamber        record the thermal
                                    thermal oxidizer           temperature measurement   oxidizer combustion
                                    combustion chamber         device.                   chamber temperature;
                                    temperature.                                         and
                                                                                        (2) Provide at least one
                                                                                         measurement during at
                                                                                         least three 15-minute
                                                                                         periods per hour of
                                                                                         testing; and
                                                                                        (3) Calculate the hourly
                                                                                         average thermal
                                                                                         oxidizer combustion
                                                                                         chamber temperature for
                                                                                         each hour of the
                                                                                         performance test; and
                                                                                        (4) Calculate the
                                                                                         minimum allowable
                                                                                         combustion chamber
                                                                                         temperature as the
                                                                                         average of the
                                                                                         combustion chamber
                                                                                         temperatures for the
                                                                                         three test runs, minus
                                                                                         14[deg]C (25[deg]F).
7. Each continuous process unit    a. Establish the           i. Continuous recording   (1) At least every 15
 that is equipped with a            operating limit for the    of the output of the      minutes, measure and
 catalytic oxidizer.                minimum allowable          temperature measurement   record the temperature
                                    temperature at the inlet   device.                   at the inlet of the
                                    of the catalyst bed.                                 catalyst bed; and
                                                                                        (2) Provide at least one
                                                                                         catalyst bed inlet
                                                                                         temperature measurement
                                                                                         during at least three
                                                                                         15-minute periods per
                                                                                         hour of testing; and
                                                                                        (3) Calculate the hourly
                                                                                         average catalyst bed
                                                                                         inlet temperature for
                                                                                         each hour of the
                                                                                         performance test; and

[[Page 18766]]

 
                                                                                        (4) Calculate the
                                                                                         minimum allowable
                                                                                         catalyst bed inlet
                                                                                         temperature as the
                                                                                         average of the catalyst
                                                                                         bed inlet temperatures
                                                                                         for the three test
                                                                                         runs, minus 14[deg]C
                                                                                         (25[deg]F).
8. Each affected batch process     a. Perform a minimum of    i. The appropriate test   (1) Each test run must
 unit.                              two test runs.             methods specified in      be conducted over a
                                                               items 1, 9, and 10 of     separate batch cycle
                                                               this table.               unless you satisfy the
                                                                                         requirements of Sec.
                                                                                         63.9800(f)(3) and (4);
                                                                                         and
                                                                                        (2) Each test run must
                                                                                         begin with the start of
                                                                                         a batch cycle, except
                                                                                         as specified in item
                                                                                         8.a.i.4. of this table;
                                                                                         and
                                                                                        (3) Each test run must
                                                                                         continue until the end
                                                                                         of the batch cycle,
                                                                                         except as specified in
                                                                                         items 8.a.i.4. and
                                                                                         8.a.i.5. of this table;
                                                                                         and
                                                                                        (4) If you develop an
                                                                                         emissions profile, as
                                                                                         described in Sec.
                                                                                         63.9802(a), AND for
                                                                                         sources equipped with a
                                                                                         thermal or catalytic
                                                                                         oxidizer, you do not
                                                                                         reduce the oxidizer
                                                                                         operating temperature,
                                                                                         as specified in item 13
                                                                                         of this table, you can
                                                                                         limit each test run to
                                                                                         the 3-hour peak THC
                                                                                         emissions period; and
                                                                                        (5) If you do not
                                                                                         develop an emissions
                                                                                         profile, a test run can
                                                                                         be stopped, and the
                                                                                         results of that run
                                                                                         considered complete, if
                                                                                         you measure emissions
                                                                                         continuously until at
                                                                                         least 3 hours after the
                                                                                         affected process unit
                                                                                         has reached maximum
                                                                                         temperature, AND the
                                                                                         hourly average THC mass
                                                                                         emissions rate has not
                                                                                         increased during the 3-
                                                                                         hour period since
                                                                                         maximum process
                                                                                         temperature was
                                                                                         reached, and the hourly
                                                                                         average concentrations
                                                                                         of THC at the inlet of
                                                                                         the control device have
                                                                                         not exceeded 20 ppmvd,
                                                                                         corrected to 18 percent
                                                                                         oxygen, during the 3-
                                                                                         hour period since
                                                                                         maximum process
                                                                                         temperature was reached
                                                                                         or the hourly average
                                                                                         THC percentage
                                                                                         reduction has been at
                                                                                         least 95 percent during
                                                                                         the 3-hour period since
                                                                                         maximum process
                                                                                         temperature was
                                                                                         reached, AND, for
                                                                                         sources equipped with a
                                                                                         thermal or catalytic
                                                                                         oxidizer, at least 1
                                                                                         hour has passed since
                                                                                         any reduction in the
                                                                                         operating temperature
                                                                                         of the oxidizer, as
                                                                                         specified in item 13 of
                                                                                         this table.
                                   b. Establish the           i. Method 311 of 40 CFR   (1) Calculate and record
                                    operating limit for the    part 63, appendix A, OR   the organic HAP content
                                    maximum organic HAP        MSDS, OR product labels   of all refractory
                                    processing rate.           to determine the mass     shapes that are
                                                               fraction of organic HAP   processed during the
                                                               in each resin, binder,    performance test, based
                                                               or additive; and          on the mass fraction of
                                                                                         HAP in the resins,
                                                                                         binders, or additives;
                                                                                         the mass fraction of
                                                                                         each resin, binder, or
                                                                                         additive, in the
                                                                                         product, and the batch
                                                                                         weight prior to
                                                                                         processing; and
                                                              ii. Product formulation   (2) Calculate and record
                                                               data that specify the     the organic HAP
                                                               mass fraction of each     processing rate (pounds
                                                               resin, binder, and        per batch) for each
                                                               additive in the           test run; and
                                                               products that are        (3) Calculate and record
                                                               processed during the      the maximum organic HAP
                                                               performance test; and     processing rate as the
                                                              iii. Batch weight (tons)   average of the organic
                                                                                         HAP processing rates
                                                                                         for the two test runs.

[[Page 18767]]

 
                                   c. Record the batch cycle  Process data............  Record the total elapsed
                                    time.                                                time from the start to
                                                                                         the completion of the
                                                                                         batch cycle.
                                   d. Record the operating    Process data............  Record the operating
                                    temperature of the                                   temperature of the
                                    affected source.                                     affected source at
                                                                                         least once every hour
                                                                                         from the start to the
                                                                                         completion of the batch
                                                                                         cycle.
9. Each batch process unit that    a. Measure THC             i. Method 25A of 40 CFR   (1) Each minute, measure
 is subject to the THC emission     concentrations at the      part 60, appendix A.      and record the
 limit listed in item 6.a., 7.a.,   outlet of the control                                concentrations of THC
 8, or 9 of Table 1 to this         device or in the stack.                              in the exhaust stream;
 subpart.                                                                                and
                                                                                        (2) Provide at least 50
                                                                                         1-minute measurements
                                                                                         for each valid hourly
                                                                                         average THC
                                                                                         concentration.
                                   b. Measure oxygen          i. Method 3A of 40 CFR    (1) Each minute, measure
                                    concentrations at the      part 60, appendix A.      and record the
                                    outlet of the control                                concentrations of
                                    device or in the stack.                              oxygen in the exhaust
                                                                                         stream; and
                                                                                        (2) Provide at least 50
                                                                                         1-minute measurements
                                                                                         for each valid hourly
                                                                                         average oxygen
                                                                                         concentration.
                                   c. Determine the hourly    i. Equation 1 of Sec.     (1) Calculate the hourly
                                    average THC                63.9800(g)(1); and.       average THC
                                    concentration, corrected  ii. The 1-minute THC and   concentration for each
                                    to 18 percent oxygen.      oxygen concentration      hour of the performance
                                                               data.                     test as the average of
                                                                                         the 1-minute THC
                                                                                         measurements; and
                                                                                        (2) Calculate the hourly
                                                                                         average oxygen
                                                                                         concentration for each
                                                                                         hour of the performance
                                                                                         test as the average of
                                                                                         the 1-minute oxygen
                                                                                         measurements; and
                                                                                        (3) Correct the hourly
                                                                                         average THC
                                                                                         concentrations to 18
                                                                                         percent oxygen using
                                                                                         Equation 1 of Sec.
                                                                                         63.9800(g)(1).
                                   d. Determine the 3-hour    The hourly average THC    Select the period of 3
                                    peak THC emissions         concentrations,           consecutive hours over
                                    period for each test run.  corrected to 18 percent   which the sum of the
                                                               oxygen.                   hourly average THC
                                                                                         concentrations,
                                                                                         corrected to 18 percent
                                                                                         oxygen, is greater than
                                                                                         the sum of the hourly
                                                                                         average THC emission
                                                                                         concentrations,
                                                                                         corrected to 18 percent
                                                                                         oxygen, for any other
                                                                                         period of 3 consecutive
                                                                                         hours during the test
                                                                                         run.
                                   e. Determine the average   The hourly average THC    Calculate the average of
                                    THC concentration,         emission                  the hourly average THC
                                    corrected to 18 percent    concentrations,           concentrations,
                                    oxygen, for each test      corrected to 18 percent   corrected to 18 percent
                                    run.                       oxygen, for the 3-hour    oxygen, for the 3 hours
                                                               peak THC emissions        of the peak emissions
                                                               period.                   period for each test
                                                                                         run.
                                   f. Determine the 2-run     The average THC           Calculate the average of
                                    block average THC          concentration,            the average THC
                                    concentration, corrected   corrected to 18 percent   concentrations,
                                    to 18 percent oxygen,      oxygen, for each test     corrected to 18 percent
                                    for the emission test.     run.                      oxygen, for each run.
10. Each batch process unit that   a. Measure THC             i. Method 25A of 40 CFR   (1) Each minute, measure
 is subject to the THC percentage   concentrations at the      part 60, appendix A.      and record the
 reduction limit listed in item     inlet and outlet of the                              concentrations of THC
 6.b. or 7.b. of Table 1 to this    control device.                                      at the control device
 subpart.                                                                                inlet and outlet; and
                                                                                        (2) Provide at least 50
                                                                                         1-minute measurements
                                                                                         for each valid hourly
                                                                                         average THC
                                                                                         concentration at the
                                                                                         control device inlet
                                                                                         and outlet.
                                   b. Determine the hourly    i. The 1-minute THC       (1) Calculate the hourly
                                    THC mass emissions rates   concentration data at     mass emissions rates at
                                    at the control device      the control device        the control device
                                    inlet and outlet.          inlet and outlet; and     inlet and outlet for
                                                              ii. The volumetric flow    each hour of the
                                                               rates at the control      performance test.
                                                               device inlet and outlet.

[[Page 18768]]

 
                                   c. Determine the 3-hour    The hourly THC mass       Select the period of 3
                                    peak THC emissions         emissions rates at the    consecutive hours over
                                    period for each test run.  control device inlet.     which the sum of the
                                                                                         hourly THC mass
                                                                                         emissions rates at the
                                                                                         control device inlet is
                                                                                         greater than the sum of
                                                                                         the hourly THC mass
                                                                                         emissions rates at the
                                                                                         control device inlet
                                                                                         for any other period of
                                                                                         3 consecutive hours
                                                                                         during the test run.
                                   d. Determine the average   i. Equation 2 of Sec.     Calculate the average
                                    THC percentage reduction   63.9800(g)(2); and.       THC percentage
                                    for each test run.        ii. The hourly THC mass    reduction for each test
                                                               emissions rates at the    run using Equation 2 of
                                                               control device inlet      Sec.   63.9800(g)(2).
                                                               and outlet for the 3-
                                                               hour peak THC emissions
                                                               period.
                                   e. Determine the 2-run     The average THC           Calculate the average of
                                    block average THC          percentage reduction      the average THC
                                    percentage reduction for   for each test run.        percentage reductions
                                    the emission test.                                   for each test run.
11. Each batch process unit that   a. Establish the           i. Continuous recording   (1) At least every 15
 is equipped with a thermal         operating limit for the    of the output of the      minutes, measure and
 oxidizer.                          minimum thermal oxidizer   combustion chamber        record the thermal
                                    combustion chamber         temperature measurement   oxidizer combustion
                                    temperature.               device.                   chamber temperature;
                                                                                         and
                                                                                        (2) Provide at least one
                                                                                         temperature measurement
                                                                                         during at least three
                                                                                         15-minute periods per
                                                                                         hour of testing; and
                                                                                        (3) Calculate the hourly
                                                                                         average combustion
                                                                                         chamber temperature for
                                                                                         each hour of the 3-hour
                                                                                         peak emissions period,
                                                                                         as defined in item 9.d.
                                                                                         or 10.c. of this table,
                                                                                         whichever applies; and
                                                                                        (4) Calculate the
                                                                                         minimum allowable
                                                                                         thermal oxidizer
                                                                                         combustion chamber
                                                                                         operating temperature
                                                                                         as the average of the
                                                                                         hourly combustion
                                                                                         chamber temperatures
                                                                                         for the 3-hour peak
                                                                                         emissions period, minus
                                                                                         14[deg]C (25[deg]F).
12. Each batch process unit that   a. Establish the           i. Continuous recording   (1) At least every 15
 is equipped with a catalytic       operating limit for the    of the output of the      minutes, measure and
 oxidizer.                          minimum temperature at     temperature measurement   record the temperature
                                    the inlet of the           device.                   at the inlet of the
                                    catalyst bed.                                        catalyst bed; and
                                                                                        (2) Provide at least one
                                                                                         catalyst bed inlet
                                                                                         temperature measurement
                                                                                         during at least three
                                                                                         15-minute periods per
                                                                                         hour of testing; and
                                                                                        (3) Calculate the hourly
                                                                                         average catalyst bed
                                                                                         inlet temperature for
                                                                                         each hour of the 3-hour
                                                                                         peak emissions period,
                                                                                         as defined in item 9.d.
                                                                                         or 10.c. of this table,
                                                                                         whichever applies; and
                                                                                        (4) Calculate the
                                                                                         minimum allowable
                                                                                         catalytic oxidizer
                                                                                         catalyst bed inlet
                                                                                         temperature as the
                                                                                         average of the hourly
                                                                                         catalyst bed inlet
                                                                                         temperatures for the 3-
                                                                                         hour peak emissions
                                                                                         period, minus 14[deg]C
                                                                                         (25[deg]F).
13. Each batch process unit that   a. During each test run,                             (1) The oxidizer can be
 is equipped with a thermal or      maintain the applicable                              shut off or the
 catalytic oxidizer.                operating temperature of                             oxidizer operating
                                    the oxidizer until                                   temperature can be
                                    emission levels allow                                reduced if you do not
                                    the oxidizer to be shut                              use an emission profile
                                    off or the operating                                 to limit testing to the
                                    temperature of the                                   3-hour peak emissions
                                    oxidizer to be reduced.                              period, as specified in
                                                                                         item 8.a.i.4. of this
                                                                                         table; and
                                                                                        (2) At least 3 hours
                                                                                         have passed since the
                                                                                         affected process unit
                                                                                         reached maximum
                                                                                         temperature; and

[[Page 18769]]

 
                                                                                        (3) The applicable
                                                                                         emission limit
                                                                                         specified in item 6.a.
                                                                                         or 6.b. of Table 1 to
                                                                                         this subpart was met
                                                                                         during each of the
                                                                                         previous three 1-hour
                                                                                         periods; and
                                                                                        (4) The hourly average
                                                                                         THC mass emissions rate
                                                                                         did not increase during
                                                                                         the 3-hour period since
                                                                                         maximum process
                                                                                         temperature was
                                                                                         reached; and
                                                                                        (5) The applicable
                                                                                         emission limit
                                                                                         specified in item 6.a.
                                                                                         and 6.b. of Table 1 to
                                                                                         this subpart was met
                                                                                         during each of the four
                                                                                         15-minute periods
                                                                                         immediately following
                                                                                         the oxidizer
                                                                                         temperature reduction;
                                                                                         and
                                                                                        (6) If the applicable
                                                                                         emission limit
                                                                                         specified in item 6.a.
                                                                                         or 6.b. of Table 1 to
                                                                                         this subpart was not
                                                                                         met during any of the
                                                                                         four 15-minute periods
                                                                                         immediately following
                                                                                         the oxidizer
                                                                                         temperature reduction,
                                                                                         you must return the
                                                                                         oxidizer to its normal
                                                                                         operating temperature
                                                                                         as soon as possible and
                                                                                         maintain that
                                                                                         temperature for at
                                                                                         least 1 hour; and
                                                                                        (7) Continue the test
                                                                                         run until the
                                                                                         applicable emission
                                                                                         limit specified in
                                                                                         items 6.a. and 6.b. of
                                                                                         Table 1 to this subpart
                                                                                         is met for at least
                                                                                         four consecutive 15-
                                                                                         minute periods that
                                                                                         immediately follow the
                                                                                         temperature reduction;
                                                                                         and
                                                                                        (8) Calculate the hourly
                                                                                         average oxidizer
                                                                                         operating temperature
                                                                                         for each hour of the
                                                                                         performance test since
                                                                                         the affected process
                                                                                         unit reached maximum
                                                                                         temperature.
14. Each new continuous kiln that  a. Measure emissions of    i. Method 26A of 40 CFR   (1) Conduct the test
 is used to process clay            HF and HCl.                part 60, appendix A; or   while the kiln is
 refractory products.                                         ii. Method 26 of 40 CFR    operating at the
                                                               part 60, appendix A; or.  maximum production
                                                              iii. Method 320 of 40      level; and
                                                               CFR part 63, appendix A. (2) You may use Method
                                                                                         26 of 40 CFR part 60,
                                                                                         appendix A, only if no
                                                                                         acid PM (e.g., HF or
                                                                                         HCl dissolved in water
                                                                                         droplets emitted by
                                                                                         sources controlled by a
                                                                                         wet scrubber) is
                                                                                         present; and
                                                                                        (3) If you use Method
                                                                                         320 of 40 CFR part 63,
                                                                                         appendix A, you must
                                                                                         follow the analyte
                                                                                         spiking procedures of
                                                                                         Section 13 of Method
                                                                                         320 unless you can
                                                                                         demonstrate that the
                                                                                         complete spiking
                                                                                         procedure has been
                                                                                         conducted at a similar
                                                                                         source; and
                                                                                        (4) Repeat the
                                                                                         performance test if the
                                                                                         affected source is
                                                                                         controlled with a DLA
                                                                                         and you change the
                                                                                         source of the limestone
                                                                                         used in the DLA.
                                   b. Perform a minimum of 3  The appropriate test      Each test run must be at
                                    test runs.                 methods specified in      least 1 hour in
                                                               items 1 and 14.a. of      duration.
                                                               this table.

[[Page 18770]]

 
15. Each new continuous kiln that  a. Record the uncalcined   i. Production data; and.  (1) Record the
 is subject to the production-      clay processing rate.     ii. Product formulation    production rate (tons
 based HF and HCl emission limits                              data that specify the     per hour of fired
 specified in items 10.a. and                                  mass fraction of          product); and
 10.b. of Table 1 to this subpart.                             uncalcined clay in the   (2) Calculate and record
                                                               products that are         the average rate at
                                                               processed during the      which uncalcined clay
                                                               performance test.         is processed (tons per
                                                                                         hour) for each test
                                                                                         run; and
                                                                                        (3) Calculate and record
                                                                                         the 3-run average
                                                                                         uncalcined clay
                                                                                         processing rate as the
                                                                                         average of the average
                                                                                         uncalcined clay
                                                                                         processing rates for
                                                                                         each test run.
                                   b. Determine the HF mass   i. Method 26A of 40 CFR   Calculate the HF mass
                                    emissions rate at the      part 60, appendix A; or   emissions rate for each
                                    outlet of the control     ii. Method 26 of 40 CFR    test.
                                    device or in the stack.    part 60, appendix A; or.
                                                              iii. Method 320 of 40
                                                               CFR part 63, appendix A.
                                   c. Determine the 3-hour    i. The HF mass emissions  (1) Calculate the hourly
                                    block average production-  rate for each test run;   production-based HF
                                    based HF emissions rate.   and                       emissions rate for each
                                                              ii. The average            test run using Equation
                                                               uncalcined clay           3 of Sec.
                                                               processing rate.          63.9800(g)(3); and
                                                                                        (2) Calculate the 3-hour
                                                                                         block average
                                                                                         production-based HF
                                                                                         emissions rate as the
                                                                                         average of the hourly
                                                                                         production-based HF
                                                                                         emissions rates for
                                                                                         each test run.
                                   d. Determine the HCl mass  i. Method 26A of 40 CFR   Calculate the HCl mass
                                    emissions rate at the      part 60, appendix A; or   emissions rate for each
                                    outlet of the control     ii. Method 26 of 40 CFR    test run.
                                    device or in the stack.    part 60, appendix A; or.
                                                              iii. Method 320 of 40
                                                               CFR part 63, appendix A.
                                   e. Determine the 3-hour    i. The HCl mass           (1) Calculate the hourly
                                    block average production-  emissions rate for each   production-based HCl
                                    based HCl emissions rate.  test run; and             emissions rate for each
                                                              ii. The average            test run using Equation
                                                               uncalcined clay           3 of Sec.
                                                               processing rate.          63.9800(g)(3); and
                                                                                        (2) Calculate the 3-hour
                                                                                         block average
                                                                                         production-based HCl
                                                                                         emissions rate as the
                                                                                         average of the
                                                                                         production-based HCl
                                                                                         emissions rates for
                                                                                         each test run.
16. Each new continuous kiln that  a. Measure the HF mass     i. Method 26A of 40 CFR   Calculate the HF mass
 is subject to the HF and HCl       emissions rates at the     part 60, appendix A; or   emissions rates at the
 percentage reduction limits        inlet and outlet of the   ii. Method 26 of 40 CFR    control device inlet
 specified in items 10.a. and       control device.            part 60, appendix A; or.  and outlet for each
 10.b. of Table 1 to this subpart.                            iii. Method 320 of 40      test run.
                                                               CFR part 63, appendix A.
                                   b. Determine the 3-hour    i. The HF mass emissions  (1) Calculate the hourly
                                    block average HF           rates at the inlet and    HF percentage reduction
                                    percentage reduction.      outlet of the control     using Equation 2 of
                                                               device for each test      Sec.   63.9800(g)(2);
                                                               run                       and
                                                                                        (2) Calculate the 3-hour
                                                                                         block average HF
                                                                                         percentage reduction as
                                                                                         the average of the HF
                                                                                         percentage reductions
                                                                                         for each test run.
                                   c. Measure the HCl mass    i. Method 26A of 40 CFR   Calculate the HCl mass
                                    emissions rates at the     part 60, appendix A; or   emissions rates at the
                                    inlet and outlet of the   ii. Method 26 of 40 CFR    control device inlet
                                    control device.            part 60, appendix A; or.  and outlet for each
                                                              iii. Method 320 of 40      test run.
                                                               CFR part 63, appendix A.
                                   d. Determine the 3-hour    i. The HCl mass           (1) Calculate the hourly
                                    block average HCl          emissions rates at the    HCl percentage
                                    percentage reduction.      inlet and outlet of the   reduction using
                                                               control device for each   Equation 2 of Sec.
                                                               test run.                 63.9800(g)(2); and
                                                                                        (2) Calculate the 3-hour
                                                                                         block average HCl
                                                                                         percentage reduction as
                                                                                         the average of HCl
                                                                                         percentage reductions
                                                                                         for each test run.

[[Page 18771]]

 
17. Each new batch process kiln    a. Measure emissions of    i. Method 26A of 40 CFR   (1) Conduct the test
 that is used to process clay       HF and HCl at the inlet    part 60, appendix A; or   while the kiln is
 refractory products.               and outlet of the         ii. Method 26 of 40 CFR    operating at the
                                    control device.            part 60, appendix A; or.  maximum production
                                                              iii. Method 320 of 40      level; and
                                                               CFR part 63, appendix A. (2) You may use Method
                                                                                         26 of 40 CFR part 60,
                                                                                         appendix A, only if no
                                                                                         acid PM (e.g., HF or
                                                                                         HCl dissolved in water
                                                                                         droplets emitted by
                                                                                         sources controlled by a
                                                                                         wet scrubber) is
                                                                                         present; and
                                                                                        (3) If you use Method
                                                                                         320 of 40 CFR part 63,
                                                                                         you must follow the
                                                                                         analyte spiking
                                                                                         procedures of Section
                                                                                         13 of Method 320 unless
                                                                                         you can demonstrate
                                                                                         that the complete
                                                                                         spiking procedure has
                                                                                         been conducted at a
                                                                                         similar source; and
                                                                                        (4) Repeat the
                                                                                         performance test if the
                                                                                         affected source is
                                                                                         controlled with a DLA
                                                                                         and you change the
                                                                                         source of the limestone
                                                                                         used in the DLA.
                                   b. Perform a minimum of 2  i. The appropriate test   (1) Each test run must
                                    test runs.                 methods specified in      be conducted over a
                                                               items 1 and 17.a. of      separate batch cycle
                                                               this table.               unless you satisfy the
                                                                                         requirements of Sec.
                                                                                         63.9800(f)(3) and (4);
                                                                                         and
                                                                                        (2) Each test run must
                                                                                         consist of a series of
                                                                                         1-hour runs at the
                                                                                         inlet and outlet of the
                                                                                         control device,
                                                                                         beginning with the
                                                                                         start of a batch cycle,
                                                                                         except as specified in
                                                                                         item 17.b.i.4. of this
                                                                                         table; and
                                                                                        (3) Each test run must
                                                                                         continue until the end
                                                                                         of the batch cycle,
                                                                                         except as specified in
                                                                                         item 17.b.i.4. of this
                                                                                         table; and
                                                                                        (4) If you develop an
                                                                                         emissions profile, as
                                                                                         described in Sec.
                                                                                         63.9802(b), you can
                                                                                         limit each test run to
                                                                                         the 3-hour peak HF
                                                                                         emissions period.
                                   c. Determine the hourly    i. The appropriate test   Determine the hourly
                                    HF and HCl mass            methods specified in      mass HF and HCl
                                    emissions rates at the     items 1 and 17.a. of      emissions rates at the
                                    inlet and outlet of the    this table.               inlet and outlet of the
                                    control device.                                      control device for each
                                                                                         hour of each test run.
                                   d. Determine the 3-hour    The hourly HF mass        Select the period of 3
                                    peak HF emissions period.  emissions rates at the    consecutive hours over
                                                               inlet of the control      which the sum of the
                                                               device.                   hourly HF mass
                                                                                         emissions rates at the
                                                                                         control device inlet is
                                                                                         greater than the sum of
                                                                                         the hourly HF mass
                                                                                         emissions rates at the
                                                                                         control device inlet
                                                                                         for any other period of
                                                                                         3 consecutive hours
                                                                                         during the test run.
                                   e. Determine the 2-run     i. The hourly average HF  (1) Calculate the HF
                                    block average HF           emissions rates at the    percentage reduction
                                    percentage reduction for   inlet and outlet of the   for each hour of the 3-
                                    the emissions test.        control device.           hour peak HF emissions
                                                                                         period using Equation 2
                                                                                         of Sec.
                                                                                         63.9800(g)(2); and
                                                                                        (2) Calculate the
                                                                                         average HF percentage
                                                                                         reduction for each test
                                                                                         run as the average of
                                                                                         the hourly HF
                                                                                         percentage reductions
                                                                                         for the 3-hour peak HF
                                                                                         emissions period for
                                                                                         that run; and
                                                                                        (3) Calculate the 2-run
                                                                                         block average HF
                                                                                         percentage reduction
                                                                                         for the emission test
                                                                                         as the average of the
                                                                                         average HF percentage
                                                                                         reductions for the two
                                                                                         test runs.

[[Page 18772]]

 
                                   f. Determine the 2-run     i. The hourly average     (1) Calculate the HCl
                                    block average HCl          HCl emissions rates at    percentage reduction
                                    percentage reduction for   the inlet and outlet of   for each hour of the 3-
                                    the emission test.         the control device.       hour peak HF emissions
                                                                                         period using Equation 2
                                                                                         Sec.   63.9800(g)(2);
                                                                                         and
                                                                                        (2) Calculate the
                                                                                         average HCl percentage
                                                                                         reduction for each test
                                                                                         run as the average of
                                                                                         the hourly HCl
                                                                                         percentage reductions
                                                                                         for the 3-hour peak HF
                                                                                         emissions period for
                                                                                         that run; and
                                                                                        (3) Calculate the 2-run
                                                                                         block average HCl
                                                                                         percentage reduction
                                                                                         for the emission test
                                                                                         as the average of the
                                                                                         average HCl percentage
                                                                                         reductions for the two
                                                                                         test runs.
18. Each new kiln that is used to  a. Establish the           Data from the pressure    (1) At least every 15
 process clay refractory products   operating limit for the    drop measurement device   minutes, measure the
 and is equipped with a DLA.        minimum pressure drop      during the performance    pressure drop across
                                    across the DLA.            test.                     the DLA; and
                                                                                        (2) Provide at least one
                                                                                         pressure drop
                                                                                         measurement during at
                                                                                         least three 15-minute
                                                                                         periods per hour of
                                                                                         testing; and
                                                                                        (3) Calculate the hourly
                                                                                         average pressure drop
                                                                                         across the DLA for each
                                                                                         hour of the performance
                                                                                         test; and
                                                                                        (4) Calculate and record
                                                                                         the minimum pressure
                                                                                         drop as the average of
                                                                                         the hourly average
                                                                                         pressure drops across
                                                                                         the DLA for the two or
                                                                                         three test runs,
                                                                                         whichever applies.
                                   b. Establish the           Data from the limestone   (1) Ensure that
                                    operating limit for the    feeder during the         limestone in the feed
                                    limestone feeder setting.  performance test.         hopper, silo, and DLA
                                                                                         is free-flowing at all
                                                                                         times during the
                                                                                         performance test; and
                                                                                        (2) Establish the
                                                                                         limestone feeder
                                                                                         setting 1 week prior to
                                                                                         the performance test;
                                                                                         and
                                                                                        (3) Record and maintain
                                                                                         the feeder setting for
                                                                                         the 1-week period that
                                                                                         precedes the
                                                                                         performance test and
                                                                                         during the performance
                                                                                         test.
19. Each new kiln that is used to  a. Document conformance    Data from the             Submit analyses and
 process clay refractory products   with specifications and    installation and          supporting
 and is equipped with a DIFF or     requirements of the bag    calibration of the bag    documentation
 DLS/FF.                            leak detection system.     leak detection system.    demonstrating
                                                                                         conformance with EPA
                                                                                         guidance and
                                                                                         specifications for bag
                                                                                         leak detection systems
                                                                                         as part of the
                                                                                         Notification of
                                                                                         Compliance Status.
                                   b. Establish the           i. Data from the lime     (1) For continuous lime
                                    operating limit for the    feeder during the         injection systems,
                                    lime feeder setting.       performance test.         ensure that lime in the
                                                                                         feed hopper or silo is
                                                                                         free-flowing at all
                                                                                         times during the
                                                                                         performance test; and
                                                                                        (2) Record the feeder
                                                                                         setting for the three
                                                                                         test runs; and
                                                                                        (3) If the feed rate
                                                                                         setting varies during
                                                                                         the three test runs,
                                                                                         calculate and record
                                                                                         the average feed rate
                                                                                         for the two or three
                                                                                         test runs, whichever
                                                                                         applies.
20. Each new kiln that is used to  a. Establish the           i. Data from the          (1) At least every 15
 process clay refractory products   operating limit for the    pressure drop             minutes, measure the
 and is equipped with a wet         minimum scrubber           measurement device        pressure drop across
 scrubber.                          pressure drop.             during the performance    the scrubber; and
                                                               test.                    (2) Provide at least one
                                                                                         pressure drop
                                                                                         measurement during at
                                                                                         least three 15-minute
                                                                                         periods per hour of
                                                                                         testing; and

[[Page 18773]]

 
                                                                                        (3) Calculate the hourly
                                                                                         average pressure drop
                                                                                         across the scrubber for
                                                                                         each hour of the
                                                                                         performance test; and
                                                                                        (4) Calculate and record
                                                                                         the minimum pressure
                                                                                         drop as the average of
                                                                                         the hourly average
                                                                                         pressure drops across
                                                                                         the scrubber for the
                                                                                         two or three test runs,
                                                                                         whichever applies.
                                   b. Establish the           i. Data from the pH       (1) At least every 15
                                    operating limit for the    measurement device        minutes, measure
                                    minimum scrubber liquid    during the performance    scrubber liquid pH; and
                                    pH.                        test.
                                                                                        (2) Provide at least one
                                                                                         pH measurement during
                                                                                         at least three 15-
                                                                                         minute periods per hour
                                                                                         of testing; and
                                                                                        (3) Calculate the hourly
                                                                                         average pH values for
                                                                                         each hour of the
                                                                                         performance test; and
                                                                                        (4) Calculate and record
                                                                                         the minimum liquid pH
                                                                                         as the average of the
                                                                                         hourly average pH
                                                                                         measurements for the
                                                                                         two or three test runs,
                                                                                         whichever applies.
                                   c. Establish the           i. Data from the flow     (1) At least every 15
                                    operating limit for the    rate measurement device   minutes, measure the
                                    minimum scrubber liquid    during the performance    scrubber liquid flow
                                    flow rate.                 test.                     rate; and
                                                                                        (2) Provide at least one
                                                                                         flow rate measurement
                                                                                         during at least three
                                                                                         15-minute periods per
                                                                                         hour of testing; and
                                                                                        (3) Calculate the hourly
                                                                                         average liquid flow
                                                                                         rate for each hour of
                                                                                         the performance test;
                                                                                         and
                                                                                        (4) Calculate and record
                                                                                         the minimum liquid flow
                                                                                         rate as the average of
                                                                                         the hourly average
                                                                                         liquid flow rates for
                                                                                         the two or three test
                                                                                         runs, whichever
                                                                                         applies.
                                   d. If chemicals are added  i. Data from the          (1) At least every 15
                                    to the scrubber liquid,    chemical feed rate        minutes, measure the
                                    establish the operating    measurement device        scrubber chemical feed
                                    limit for the minimum      during the performance    rate; and
                                    scrubber chemical feed     test.                    (2) Provide at least one
                                    rate.                                                chemical feed rate
                                                                                         measurement during at
                                                                                         least three 15-minute
                                                                                         periods per hour of
                                                                                         testing; and
                                                                                        (3) Calculate the hourly
                                                                                         average chemical feed
                                                                                         rate for each hour of
                                                                                         the performance test;
                                                                                         and
                                                                                        (4) Calculate and record
                                                                                         the minimum chemical
                                                                                         feed rate as the
                                                                                         average of the hourly
                                                                                         average chemical feed
                                                                                         rates for the two or
                                                                                         three test runs,
                                                                                         whichever applies.
----------------------------------------------------------------------------------------------------------------

    As stated in Sec.  63.9806, you must show initial compliance with 
the emission limits for affected sources according to the following 
table:

 Table 5 to Subpart SSSSS of Part 63.--Initial Compliance with Emission
                                 Limits
------------------------------------------------------------------------
                                                          You have
          For . . .             For the following       demonstrated
                              emission limit . . .   compliance if . . .
------------------------------------------------------------------------
1. Each affected source       a. Each applicable    i. Emissions
 listed in Table 1 to this     emission limit        measured using the
 subpart.                      listed in Table 1     test methods
                               to this subpart.      specified in Table
                                                     4 to this subpart
                                                     satisfy the
                                                     applicable emission
                                                     limits specified in
                                                     Table 1 to this
                                                     subpart; and
                                                    ii. You establish
                                                     and have a record
                                                     of the operating
                                                     limits listed in
                                                     Table 2 to this
                                                     subpart over the
                                                     performance test
                                                     period; and
                                                    iii. You report the
                                                     results of the
                                                     performance test in
                                                     the Notification of
                                                     Compliance Status,
                                                     as specified by
                                                     Sec.
                                                     63.9812(e)(1) and
                                                     (2).

[[Page 18774]]

 
2. Each new or existing       As specified in       You have satisfied
 curing oven, shape dryer,     items 3 through 8     the applicable
 and kiln that is used to      of this table.        requirements
 process refractory products                         specified in items
 that use organic HAP; each                          3 through 8 of this
 new or existing coking oven                         table.
 and defumer that is used to
 produce pitch-impregnated
 refractory products; each
 new shape preheater that is
 used to produce pitch-
 impregnated refractory
 products; AND each new or
 existing process unit that
 is exhausted to a thermal
 or catalytic oxidizer that
 also controls emissions
 from an affected shape
 preheater or pitch working
 tank.
3. Each affected continuous   The average THC       The 3-hour block
 process unit that is          concentration must    average THC
 subject to the THC emission   not exceed 20         emission
 concentration limit listed    ppmvd, corrected to   concentration
 in item 2.a., 3.a., 4, or 5   18 percent oxygen.    measured during the
 of Table 1 to this subpart.                         performance test
                                                     using Methods 25A
                                                     and 3A is equal to
                                                     or less than 20
                                                     ppmvd, corrected to
                                                     18 percent oxygen.
4. Each affected continuous   The average THC       The 3-hour block
 process unit that is          percentage            average THC
 subject to the THC            reduction must        percentage
 percentage reduction limit    equal or exceed 95    reduction measured
 listed in item 2.b. or 3.b.   percent.              during the
 of Table 1 to this subpart.                         performance test
                                                     using Method 25A is
                                                     equal to or greater
                                                     than 95 percent.
5. Each affected batch        The average THC       The 2-run block
 process unit that is          concentration must    average THC
 subject to the THC emission   not exceed 20         emission
 concentration limit listed    ppmvd, corrected to   concentration for
 in item 6.a., 7.a., 8, or 9   18 percent oxygen.    the 3-hour peak
 of Table 1 to this subpart.                         emissions period
                                                     measured during the
                                                     performance test
                                                     using Methods 25A
                                                     and 3A is equal to
                                                     or less than 20
                                                     ppmvd, corrected to
                                                     18 percent oxygen.
6. Each affected batch        The average THC       The 2-run block
 process unit that is          percentage            average THC
 subject to the THC            reduction must        percentage
 percentage reduction limit    equal or exceed 95    reduction for the 3-
 listed in item 6.b. or 7.b.   percent.              hour peak emissions
 of Table 1 to this subpart.                         period measured
                                                     during the
                                                     performance test
                                                     using Method 25A is
                                                     equal to or exceeds
                                                     95 percent.
7. Each affected continuous   a. The average THC    i. You have
 or batch process unit that    concentration must    installed a THC
 is equipped with a control    not exceed 20         CEMS at the outlet
 device other than a thermal   ppmvd, corrected to   of the control
 or catalytic oxidizer and     18 percent oxygen;    device or in the
 is subject to the emission    or                    stack of the
 limit listed in item 3 or 7                         affected source;
 of Table 1 to this subpart.                         and
                              b. The average THC    ii. You have
                               percentage            satisfied the
                               reduction must        requirements of PS-
                               equal or exceed 95    8 of 40 CFR part
                               percent.              60, appendix B.
8. Each affected continuous   The average THC       i. You have
 or batch process unit that    concentration must    installed a THC
 uses process changes to       not exceed 20         CEMS at the outlet
 reduce organic HAP            ppmvd, corrected to   of the control
 emissions and is subject to   18 percent oxygen.    device or in the
 the emission limit listed                           stack of the
 in item 4 or 8 of Table 1                           affected source;
 to this subpart.                                    and
                                                    ii. You have
                                                     satisfied the
                                                     requirements of PS-
                                                     8 of 40 CFR part
                                                     60, appendix B.
9. Each new continuous kiln   a. The average HF     i. The 3-hour block
 that is used to process       emissions must not    average production-
 clay refractory products.     exceed 0.019 kg/Mg    based HF emissions
                               (0.038 lb/ton) of     rate measured
                               uncalcined clay       during the
                               processed; OR the     performance test
                               average               using one of the
                               uncontrolled HF       methods specified
                               emissions must be     in item 14.a.i. of
                               reduced by at least   Table 4 to this
                               90 percent.           subpart is equal to
                                                     or less than 0.019
                                                     kg/Mg (0.038 lb/
                                                     ton) of uncalcined
                                                     clay processed; or
                                                    ii. The 3-hour block
                                                     average HF
                                                     emissions reduction
                                                     measured during the
                                                     performance test is
                                                     equal to or greater
                                                     than 90 percent.
                              b. The average HCl    i. The 3-hour block
                               emissions must not    average production-
                               exceed 0.091 kg/Mg    based HCl emissions
                               (0.18 lb/ton) of      rate measured
                               uncalcined clay       during the
                               processed; OR the     performance test
                               average               using one of the
                               uncontrolled HCl      methods specified
                               emissions must be     in item 14.a.i. of
                               reduced by at least   Table 4 to this
                               30 percent.           subpart is equal to
                                                     or less than 0.091
                                                     kg/Mg (0.18 lb/ton)
                                                     of uncalcined clay
                                                     processed; or
                                                    ii. The 3-hour block
                                                     average HCl
                                                     emissions reduction
                                                     measured during the
                                                     performance test is
                                                     equal to or greater
                                                     than 30 percent.
10. Each new batch process    a. The average        The 2-run block
 kiln that is used to          uncontrolled HF       average HF emission
 process clay refractory       emissions must be     reduction measured
 products.                     reduced by at least   during the
                               90 percent.           performance test is
                                                     equal to or greater
                                                     than 90 percent.
                              b. The average        The 2-run block
                               uncontrolled HCl      average HCl
                               emissions must be     emissions reduction
                               reduced by at least   measured during the
                               30 percent.           performance test is
                                                     equal to or greater
                                                     than 30 percent.
------------------------------------------------------------------------


[[Page 18775]]

    As stated in Sec.  63.9806, you must show initial compliance with 
the work practice standards for affected sources according to the 
following table:

   Table 6 to Subpart SSSSS of Part 63.--Initial Compliance with Work
                           Practice Standards
------------------------------------------------------------------------
                                                          You have
       For each . . .           For the following   demonstrated initial
                                 standard . . .      compliance if . . .
------------------------------------------------------------------------
1. Each affected source       a. Each applicable    i. You have selected
 listed in Table 3 to this     work practice         a method for
 subpart.                      standard listed in    performing each of
                               Table 3 to this       the applicable work
                               subpart.              practice standards
                                                     listed in Table 3
                                                     to this subpart;
                                                     and
                                                    ii. You have
                                                     included in your
                                                     Initial
                                                     Notification a
                                                     description of the
                                                     method selected for
                                                     complying with each
                                                     applicable work
                                                     practice standard,
                                                     as required by Sec.
                                                       63.9(b); and
                                                    iii. You submit a
                                                     signed statement
                                                     with the
                                                     Notification of
                                                     Compliance Status
                                                     that you have
                                                     implemented the
                                                     applicable work
                                                     practice standard
                                                     listed in Table 3
                                                     to this subpart;
                                                     and
                                                    iv. You have
                                                     described in your
                                                     OM&M plan the
                                                     method for
                                                     complying with each
                                                     applicable work
                                                     practice standard
                                                     specified in Table
                                                     3 to this subpart.
2. Each basket or container   a. Control POM        i. You have
 that is used for holding      emissions from any    implemented at
 fired refractory shapes in    affected shape        least one of the
 an existing shape preheater   preheater.            work practice
 and autoclave during the                            standards listed in
 pitch impregnation process.                         item 1 of Table 3
                                                     to this subpart;
                                                     and
                                                    ii. You have
                                                     established a
                                                     system for
                                                     recording the date
                                                     and cleaning method
                                                     for each time you
                                                     clean an affected
                                                     basket or
                                                     container.
3. Each affected new or       Control POM           You have captured
 existing pitch working tank.  emissions.            and vented
                                                     emissions from the
                                                     affected pitch
                                                     working tank to the
                                                     device that is used
                                                     to control
                                                     emissions from an
                                                     affected defumer or
                                                     coking oven, or to
                                                     a thermal or
                                                     catalytic oxidizer
                                                     that is comparable
                                                     to the control
                                                     device used on an
                                                     affected defumer or
                                                     coking oven.
4. Each new or existing       Minimize fuel-based   You use natural gas,
 chromium refractory           HAP emissions.        or equivalent, as
 products kiln.                                      the kiln fuel.
5. Each existing clay         Minimize fuel-based   You use natural gas,
 refractory products kiln.     HAP emissions.        or equivalent, as
                                                     the kiln fuel.
------------------------------------------------------------------------

    As stated in Sec.  63.9810, you must show continuous compliance 
with the emission limits for affected sources according to the 
following table:

    Table 7 to Subpart SSSSS to Part 63.--Continuous Compliance with
                             Emission Limits
------------------------------------------------------------------------
                                                    You must demonstrate
                                For the following        continuous
          For . . .           emission limit . . .   compliance by . . .
 
------------------------------------------------------------------------
1. Each affected source       a. Each applicable    i. Collecting and
 listed in Table 1 to this     emission limit        recording the
 subpart.                      listed in Table 1     monitoring and
                               to this subpart.      process data listed
                                                     in Table 2
                                                     (operating limits)
                                                     to this subpart;
                                                     and
                                                    ii. Reducing the
                                                     monitoring and
                                                     process data
                                                     associated with the
                                                     operating limits
                                                     specified in Table
                                                     2 to this subpart;
                                                     and
                                                    iii. Recording the
                                                     results of any
                                                     control device
                                                     inspections; and
                                                    iv. Reporting, in
                                                     accordance with
                                                     Sec.   63.9814(e),
                                                     any deviation from
                                                     the applicable
                                                     operating limits
                                                     specified in Table
                                                     2 to this subpart.
2. Each new or existing       As specified in       Satisfying the
 curing oven, shape dryer,     items 3 though 7 of   applicable
 and kiln that is used to      this table.           requirements
 process refractory products                         specified in items
 that use organic HAP; each                          3 through 7 of this
 new or existing coking oven                         table.
 and defumer that is used to
 produce pitch-impregnated
 refractory products; each
 new shape preheater that is
 used to produce pitch-
 impregnated refractory
 products; AND each new or
 existing process unit that
 is exhausted to a thermal
 or catalytic oxidizer that
 also controls emissions
 from an affected shape
 preheater or pitch working
 tank.

[[Page 18776]]

 
3. Each affected process      a. The average THC    i. Collecting the
 unit that is equipped with    concentration must    applicable data
 a thermal or catalytic        not exceed 20         measured by the
 oxidizer.                     ppmvd, corrected to   control device
                               18 percent oxygen;    temperature
                               OR the average THC    monitoring system,
                               percentage            as specified in
                               reduction must        items 5, 6, 8, and
                               equal or exceed 95    9 of Table 8 to
                               percent.              this subpart; and
                                                    ii. Reducing the
                                                     applicable data
                                                     measured by the
                                                     control device
                                                     temperature
                                                     monitoring system,
                                                     as specified in
                                                     items 5, 6, 8, and
                                                     9 of Table 8 to
                                                     this subpart; and
                                                    iii. Maintaining the
                                                     average control
                                                     device operating
                                                     temperature for the
                                                     applicable
                                                     averaging period
                                                     specified in items
                                                     5, 6, 8, and 9 of
                                                     Table 2 to this
                                                     subpart at or above
                                                     the minimum
                                                     allowable operating
                                                     temperature
                                                     established during
                                                     the most recent
                                                     performance test.
4. Each affected process      The average THC       Operating and
 unit that is equipped with    concentration must    maintaining a THC
 a control device other than   not exceed 20         CEMS at the outlet
 a thermal or catalytic        ppmvd, corrected to   of the control
 oxidizer.                     18 percent oxygen;    device or in the
                               OR the average THC    stack of the
                               performance           affected source,
                               reduction must        according to the
                               equal or exceed 95    requirements of
                               percent.              Procedure 1 of 40
                                                     CFR part 60,
                                                     appendix F.
5. Each affected process      The average THC       Operating and
 unit that uses process        concentration must    maintaining a THC
 changes to meet the           not exceed 20         CEMS at the outlet
 applicable emission limit.    ppmvd, corrected to   of the control
                               18 percent oxygen.    device or in the
                                                     stack of the
                                                     affected source,
                                                     according to the
                                                     requirements of
                                                     Procedure 1 of 40
                                                     CFR part 60,
                                                     appendix F.
6. Each affected continuous   The average THC       Recording the
 process unit.                 concentration must    organic HAP
                               not exceed 20         processing rate
                               ppmvd, corrected to   (pounds per hour)
                               18 percent oxygen;    and the operating
                               OR the average THC    temperature of the
                               percentage            affected source, as
                               reduction must        specified in items
                               equal or exceed 95    3.b. and 3.c. of
                               percent.              Table 4 to this
                                                     subpart.
7. Each affected batch        The average THC       Recording the
 process unit.                 concentration must    organic HAP
                               not exceed 20         processing rate
                               ppmvd, corrected to   (pounds per batch);
                               18 percent oxygen;    and process cycle
                               OR the average THC    time for each batch
                               percentage            cycle; and hourly
                               reduction must        average operating
                               equal or exceed 95    temperature of the
                               percent.              affected source, as
                                                     specified in items
                                                     8.b. through 8.d.
                                                     of Table 4 to this
                                                     subpart.
8. Each kiln that is used to  As specified in       Satisfying the
 process clay refractory       items 9 through 11    applicable
 products.                     of this table.        requirements
                                                     specified in items
                                                     9 through 11 of
                                                     this table.
9. Each affected kiln that    a. The average HF     i. Maintaining the
 is equipped with a DLA.       emissions must not    pressure drop
                               exceed 0.019 kg/Mg    across the DLA at
                               (0.038 lb/ton) of     or above the
                               uncalcined clay       minimum levels
                               processed, OR the     established during
                               average               the most recent
                               uncontrolled HF       performance test;
                               emissions must be     and
                               reduced by at least  ii. Verifying that
                               90 percent; and       the limestone
                              b. The average HCl     hopper contains an
                               emissions must not    adequate amount of
                               exceed 0.091 kg/Mg    free-flowing
                               (0.18 lb/ton) of      limestone by
                               uncalcined clay       performing a daily
                               processed, or the     visual check of the
                               average               limestone in the
                               uncontrolled HCl      feed hopper; and
                               emissions must be    iii. Recording the
                               reduced by at least   limestone feeder
                               30 percent.           setting daily to
                                                     verify that the
                                                     feeder setting is
                                                     at or above the
                                                     level established
                                                     during the most
                                                     recent performance
                                                     test; and
                                                    iv. Using the same
                                                     grade of limestone
                                                     as was used during
                                                     the most recent
                                                     performance test
                                                     and maintaining
                                                     records of the
                                                     source and grade of
                                                     limestone.
10. Each affected kiln that   a. The average HF     i. Verifying at
 is equipped with a DIFF or    emissions must not    least once each 8-
 DLS/FF.                       exceed 0.019 kg/Mg    hour shift that
                               (0.038 lb/ton) of     lime is free-
                               uncalcined clay       flowing by means of
                               processed; OR the     a visual check,
                               average               checking the output
                               uncontrolled HF       of a load cell,
                               emissions must be     carrier gas/lime
                               reduced by at least   flow indicator, or
                               90 percent; and       carrier gas
                                                     pressure drop
                                                     measurement system;
                                                     and
                              b. The average HCl    ii. Recording feeder
                               emissions must not    setting daily to
                               exceed 0.091 kg/Mg    verify that the
                               (0.18 lb/ton) of      feeder setting is
                               uncalcined clay       at or above the
                               processed; OR the     level established
                               average               during the most
                               uncontrolled HCl      recent performance
                               emissions must be     test; and
                               reduced by at least
                               30 percent.

[[Page 18777]]

 
                                                    iii. Initiating
                                                     corrective action
                                                     within 1 hour of a
                                                     bag leak detection
                                                     system alarm AND
                                                     completing
                                                     corrective actions
                                                     in accordance with
                                                     the OM&M plan, AND
                                                     operating and
                                                     maintaining the
                                                     fabric filter such
                                                     that the alarm does
                                                     not engage for more
                                                     than 5 percent of
                                                     the total operating
                                                     time in a 6-month
                                                     block reporting
                                                     period.
11. Each affected kiln that   a. The average HF     i. Maintaining the
 is equipped with a wet        emissions must not    pressure drop
 scrubber.                     exceed 0.019 kg/Mg    across the
                               (0.038 lb/ton) of     scrubber, liquid
                               uncalcined clay       pH, and liquid flow
                               processed; OR the     rate at or above
                               average               the minimum levels
                               uncontrolled HF       established during
                               emissions must be     the most recent
                               reduced by at least   performance test;
                               90 percent; and       and
                              b. The average HCl    ii. If chemicals are
                               emissions must not    added to the
                               exceed 0.091 kg/Mg    scrubber liquid,
                               (0.18 lb/ton) of      maintaining the
                               uncalcined clay       average chemical
                               processed; OR the     feed rate at or
                               average               above the minimum
                               uncontrolled HCl      chemical feed rate
                               emissions must be     established during
                               reduced by at least   the most recent
                               30 percent.           performance test.
------------------------------------------------------------------------

    As stated in Sec.  63.9810, you must show continuous compliance 
with the operating limits for affected sources according to the 
following table:

    Table 8 to Subpart SSSSS of Part 63.--Continuous Compliance with
                            Operating Limits
------------------------------------------------------------------------
                                                    You must demonstrate
                                For the following        continuous
          For . . .            operating limit . .   compliance by . . .
                                        .
------------------------------------------------------------------------
1. Each affected source       a. Each applicable    i. Maintaining all
 listed in Table 2 to this     operating limit       applicable process
 subpart.                      listed in Table 2     and control device
                               to this subpart.      operating
                                                     parameters within
                                                     the limits
                                                     established during
                                                     the most recent
                                                     performance test;
                                                     and
                                                    ii. Conducting
                                                     annually an
                                                     inspection of all
                                                     duct work, vents,
                                                     and capture devices
                                                     to verify that no
                                                     leaks exist and
                                                     that the capture
                                                     device is operating
                                                     such that all
                                                     emissions are
                                                     properly vented to
                                                     the control device
                                                     in accordance with
                                                     the OM&M plan.
2. Each affected continuous   a. The operating      i. Operating the
 kiln that is equipped with    limits specified in   control device on
 a control device.             items 2.a. through    the affected kiln
                               2.c. of Table 2 to    during all times
                               this subpart.         except during
                                                     periods of approved
                                                     scheduled
                                                     maintenance, as
                                                     specified in Sec.
                                                     63.9792(e); and
                                                    ii. Minimizing HAP
                                                     emissions from the
                                                     affected kiln
                                                     during all periods
                                                     of scheduled
                                                     maintenance of the
                                                     kiln control device
                                                     when the kiln is
                                                     operating and the
                                                     control device is
                                                     out of service; and
                                                    iii. Minimizing the
                                                     duration of all
                                                     periods of
                                                     scheduled
                                                     maintenance of the
                                                     kiln control device
                                                     when the kiln is
                                                     operating and the
                                                     control device is
                                                     out of service.
3. Each new or existing       As specified in       Satisfying the
 curing oven, shape dryer,     items 4 through 9     applicable
 and kiln that is used to      of this table.        requirements
 process refractory products                         specified in items
 that use organic HAP; each                          4 through 9 of this
 new or existing coking oven                         table.
 and defumer that is used to
 produce pitch-impregnated
 refractory products; each
 new shape preheater that is
 used to produce pitch-
 impregnated refractory
 products; AND each new or
 existing process unit that
 is exhausted to a thermal
 or catalytic oxidizer that
 also controls emissions
 from an affected shape
 preheater or pitch working
 tank.

[[Page 18778]]

 
4. Each affected continuous   Maintain process      i. Recording the
 process unit.                 operating             organic HAP
                               parameters within     processing rate
                               the limits            (pounds per hour);
                               established during    and
                               the most recent      ii. Recording the
                               performance test.     operating
                                                     temperature of the
                                                     affected source at
                                                     least hourly; and
                                                    iii. Maintaining the
                                                     3-hour block
                                                     average organic HAP
                                                     processing rate at
                                                     or below the
                                                     maximum organic HAP
                                                     processing rate
                                                     established during
                                                     the most recent
                                                     performance test.
5. Continuous process units   Maintain the 3-hour   i. Measuring and
 that are equipped with a      block average         recording the
 thermal oxidizer.             operating             thermal oxidizer
                               temperature in the    combustion chamber
                               thermal oxidizer      temperature at
                               combustion chamber    least every 15
                               at or above the       minutes; and
                               minimum allowable    ii. Calculating the
                               operating             hourly average
                               temperature           thermal oxidizer
                               established during    combustion chamber
                               the most recent       temperature; and
                               performance test.    iii. Maintaining the
                                                     3-hour block
                                                     average thermal
                                                     oxidizer combustion
                                                     chamber temperature
                                                     at or above the
                                                     minimum allowable
                                                     operating
                                                     temperature
                                                     established during
                                                     the most recent
                                                     performance test;
                                                     and
                                                    iv. Reporting, in
                                                     accordance with
                                                     Sec.   63.9814(e),
                                                     any 3-hour block
                                                     average operating
                                                     temperature
                                                     measurements below
                                                     the minimum
                                                     allowable thermal
                                                     oxidizer combustion
                                                     chamber operating
                                                     temperature
                                                     established during
                                                     the most recent
                                                     performance test.
6. Continuous process units   a. Maintain the 3-    i. Measuring and
 that are equipped with a      hour block average    recording the
 catalytic oxidizer.           temperature at the    temperature at the
                               inlet of the          inlet of the
                               catalyst bed at or    catalyst bed at
                               above the minimum     least every 15
                               allowable catalyst    minutes; and
                               bed inlet            ii. Calculating the
                               temperature           hourly average
                               established during    temperature at the
                               the most recent       inlet of the
                               performance test.     catalyst bed; and
                                                    iii. Maintaining the
                                                     3-hour block
                                                     average temperature
                                                     at the inlet of the
                                                     catalyst bed at or
                                                     above the minimum
                                                     allowable catalyst
                                                     bed inlet
                                                     temperature
                                                     established during
                                                     the most recent
                                                     performance test;
                                                     and
                                                    iv. Reporting, in
                                                     accordance with
                                                     Sec.   63.9814(e),
                                                     any 3-hour block
                                                     average catalyst
                                                     bed inlet
                                                     temperature
                                                     measurements below
                                                     the minimum
                                                     allowable catalyst
                                                     bed inlet
                                                     temperature
                                                     established during
                                                     the most recent
                                                     performance; and
                                                    v. Checking the
                                                     activity level of
                                                     the catalyst at
                                                     least every 12
                                                     months and taking
                                                     any necessary
                                                     corrective action,
                                                     such as replacing
                                                     the catalyst, to
                                                     ensure that the
                                                     catalyst is
                                                     performing as
                                                     designed.
7. Each affected batch        Maintain process      i. Recording the
 process unit.                 operating             organic HAP
                               parameters within     processing rate
                               the limits            (pounds per batch);
                               established during    and
                               the most recent      ii. Recording the
                               performance test.     hourly average
                                                     operating
                                                     temperature of the
                                                     affected source;
                                                     and
                                                    iii. Recording the
                                                     process cycle time
                                                     for each batch
                                                     cycle; and
                                                    iv. Maintaining the
                                                     organic HAP
                                                     processing rate at
                                                     or below the
                                                     maximum organic HAP
                                                     processing rate
                                                     established during
                                                     the most recent
                                                     performance test.

[[Page 18779]]

 
8. Batch process units that   Maintain the hourly   i. Measuring and
 are equipped with a thermal   average temperature   recording the
 oxidizer.                     in the thermal        thermal oxidizer
                               oxidizer combustion   combustion chamber
                               chamber at or above   temperature at
                               the hourly average    least every 15
                               temperature           minutes; and
                               established for the  ii. Calculating the
                               corresponding 1-      hourly average
                               hour period of the    thermal oxidizer
                               cycle during the      combustion chamber
                               most recent           temperature; and
                               performance test.    iii. From the start
                                                     of each batch cycle
                                                     until 3 hours have
                                                     passed since the
                                                     process unit
                                                     reached maximum
                                                     temperature,
                                                     maintaining the
                                                     hourly average
                                                     operating
                                                     temperature in the
                                                     thermal oxidizer
                                                     combustion chamber
                                                     at or above the
                                                     minimum allowable
                                                     operating
                                                     temperature
                                                     established for the
                                                     corresponding
                                                     period during the
                                                     most recent
                                                     performance test,
                                                     as determined
                                                     according to item
                                                     11 of Table 4 to
                                                     this subpart; and
                                                    iv. For each
                                                     subsequent hour of
                                                     the batch cycle,
                                                     maintaining the
                                                     hourly average
                                                     operating
                                                     temperature in the
                                                     thermal oxidizer
                                                     combustion chamber
                                                     at or above the
                                                     minimum allowable
                                                     operating
                                                     temperature
                                                     established for the
                                                     corresponding hour
                                                     during the most
                                                     recent performance
                                                     test, as specified
                                                     in item 13 of Table
                                                     4 to this subpart;
                                                     and
                                                    v. Reporting, in
                                                     accordance with
                                                     Sec.   63.9814(e),
                                                     any temperature
                                                     measurements below
                                                     the minimum
                                                     allowable thermal
                                                     oxidizer combustion
                                                     chamber temperature
                                                     measured during the
                                                     most recent
                                                     performance test.
9. Batch process units that   Maintain the hourly   i. Measuring and
 are equipped with a           average temperature   recording
 catalytic oxidizer.           at the inlet of the   temperatures at the
                               catalyst bed at or    inlet of the
                               above the             catalyst bed at
                               corresponding         least every 15
                               hourly average        minutes; and
                               temperature          ii. Calculating the
                               established for the   hourly average
                               corresponding 1-      temperature at the
                               hour period of the    inlet of the
                               cycle during the      catalyst bed; and
                               most recent          iii. From the start
                               performance test.     of each batch cycle
                                                     until 3 hours have
                                                     passed since the
                                                     process unit
                                                     reached maximum
                                                     temperature,
                                                     maintaining the
                                                     hourly average
                                                     operating
                                                     temperature at the
                                                     inlet of the
                                                     catalyst bed at or
                                                     above the minimum
                                                     allowable bed inlet
                                                     temperature
                                                     established for the
                                                     corresponding
                                                     period during the
                                                     most recent
                                                     performance test,
                                                     as determined
                                                     according to item
                                                     12 of Table 4 to
                                                     this subpart; and
                                                    iv. For each
                                                     subsequent hour of
                                                     the batch cycle,
                                                     maintaining the
                                                     hourly average
                                                     operating
                                                     temperature at the
                                                     inlet of the
                                                     catalyst bed at or
                                                     above the minimum
                                                     allowable bed inlet
                                                     temperature
                                                     established for the
                                                     corresponding hour
                                                     during the most
                                                     recent performance
                                                     test, as specified
                                                     in item 13 of Table
                                                     4 to this subpart;
                                                     and
                                                    v. Reporting, in
                                                     accordance with
                                                     Sec.   63.9814(e),
                                                     any catalyst bed
                                                     inlet temperature
                                                     measurements below
                                                     the minimum
                                                     allowable bed inlet
                                                     temperature
                                                     measured during the
                                                     most recent
                                                     performance test;
                                                     and
                                                    vi. Checking the
                                                     activity level of
                                                     the catalyst at
                                                     least every 12
                                                     months and taking
                                                     any necessary
                                                     corrective action,
                                                     such as replacing
                                                     the catalyst, to
                                                     ensure that the
                                                     catalyst is
                                                     performing as
                                                     designed.
10. Each new kiln that is     As specified in       Satisfying the
 used to process clay          items 11 through 13   applicable
 refractory products.          of this table.        requirements
                                                     specified in items
                                                     11 through 13 of
                                                     this table.
11. Each new kiln that is     a. Maintain the       i. Collecting the
 equipped a DLA.               average pressure      DLA pressure drop
                               drop across the DLA   data, as specified
                               for each 3-hour       in item 18.a. of
                               block period at or    Table 4 to this
                               above the minimum     subpart; and
                               pressure drop        ii. Reducing the DLA
                               established during    pressure drop data
                               the most recent       to 1-hour and 3-
                               performance test.     hour block
                                                     averages; and

[[Page 18780]]

 
                                                    iii. Maintaining the
                                                     3-hour block
                                                     average pressure
                                                     drop across the DLA
                                                     at or above the
                                                     minimum pressure
                                                     drop established
                                                     during the most
                                                     recent performance
                                                     test.
                              b. Maintain free-     Verifying that the
                               flowing limestone     limestone hopper
                               in the feed hopper,   has an adequate
                               silo, and DLA.        amount of free-
                                                     flowing limestone
                                                     by performing a
                                                     daily visual check
                                                     of the limestone
                                                     hopper.
                              c. Maintain the       Recording the
                               limestone feeder      limestone feeder
                               setting at or above   setting at least
                               the level             daily to verify
                               established during    that the feeder
                               the most recent       setting is being
                               performance test.     maintained at or
                                                     above the level
                                                     established during
                                                     the most recent
                                                     performance test.
                              d. Use the same       Using the same grade
                               grade of limestone    of limestone as was
                               from the same         used during the
                               source as was used    most recent
                               during the most       performance test
                               recent performance    and maintaining
                               test.                 records of the
                                                     source and grade of
                                                     limestone.
12. Each new kiln that is     a. Initiate           i. Initiating
 equipped with a DIFF or DLS/  corrective action     corrective action
 FF.                           within 1 hour of a    within 1 hour of a
                               bag leak detection    bag leak detection
                               system alarm and      system alarm and
                               complete corrective   completing
                               actions in            corrective actions
                               accordance with the   in accordance with
                               OM&M plan; AND        the OM&M plan; and
                               operate and          ii. Operating and
                               maintain the fabric   maintaining the
                               filter such that      fabric filter such
                               the alarm does not    that the alarm does
                               engage for more       not engage for more
                               than 5 percent of     than 5 percent of
                               the total operating   the total operating
                               time in a 6-month     time in a 6-month
                               block reporting       block reporting
                               period.               period; in
                                                     calculating this
                                                     operating time
                                                     fraction, if
                                                     inspection of the
                                                     fabric filter
                                                     demonstrates that
                                                     no corrective
                                                     action is required,
                                                     no alarm time is
                                                     counted; if
                                                     corrective action
                                                     is required, each
                                                     alarm shall be
                                                     counted as a
                                                     minimum of 1 hour;
                                                     if you take longer
                                                     than 1 hour to
                                                     initiate corrective
                                                     action, the alarm
                                                     time shall be
                                                     counted as the
                                                     actual amount of
                                                     time taken by you
                                                     to initiate
                                                     corrective action.
                              b. Maintain free-     i. Verifying at
                               flowing lime in the   least once each 8-
                               feed hopper or silo   hour shift that
                               at all times for      lime is free-
                               continuous            flowing via a load
                               injection systems;    cell, carrier gas/
                               AND maintain feeder   lime flow
                               setting at or above   indicator, carrier
                               the level             gas pressure drop
                               established during    measurement system,
                               the most recent       or other system;
                               performance test      recording all
                               for continuous        monitor or sensor
                               injection systems.    output, and if lime
                                                     is found not to be
                                                     free flowing,
                                                     promptly initiating
                                                     and completing
                                                     corrective actions;
                                                     and
                                                    ii. Recording the
                                                     feeder setting once
                                                     each day of
                                                     operation to verify
                                                     that the feeder
                                                     setting is being
                                                     maintained at or
                                                     above the level
                                                     established during
                                                     the most recent
                                                     performance test.
13. Each new kiln that is     a. Maintain the       i. Collecting the
 used to process clay          average pressure      scrubber pressure
 refractory products and is    drop across the       drop data, as
 equipped with a wet           scrubber for each 3-  specified in item
 scrubber.                     hour block period     20.a. of Table 4 to
                               at or above the       this subpart; and
                               minimum pressure     ii. Reducing the
                               drop established      scrubber pressure
                               during the most       drop data to 1-hour
                               recent performance    and 3-hour block
                               test.                 averages; and
                                                    iii. Maintaining the
                                                     3-hour block
                                                     average scrubber
                                                     pressure drop at or
                                                     above the minimum
                                                     pressure drop
                                                     established during
                                                     the most recent
                                                     performance test.
                              b. Maintain the       i. Collecting the
                               average scrubber      scrubber liquid pH
                               liquid pH for each    data, as specified
                               3-hour block period   in item 20.b. of
                               at or above the       Table 4 to this
                               minimum scrubber      subpart; and
                               liquid pH            ii. Reducing the
                               established during    scrubber liquid pH
                               the most recent       data to 1-hour and
                               performance test.     3-hour block
                                                     averages; and
                                                    iii. Maintaining the
                                                     3-hour block
                                                     average scrubber
                                                     liquid pH at or
                                                     above the minimum
                                                     scrubber liquid pH
                                                     established during
                                                     the most recent
                                                     performance test.

[[Page 18781]]

 
                              c. Maintain the       i. Collecting the
                               average scrubber      scrubber liquid
                               liquid flow rate      flow rate data, as
                               for each 3-hour       specified in item
                               block period at or    20.c. of Table 4 to
                               above the minimum     this subpart; and
                               scrubber liquid      ii. Reducing the
                               flow rate             scrubber liquid
                               established during    flow rate data to 1-
                               the most recent       hour and 3-hour
                               performance test.     block averages; and
                                                    iii. Maintaining the
                                                     3-hour block
                                                     average scrubber
                                                     liquid flow rate at
                                                     or above the
                                                     minimum scrubber
                                                     liquid flow rate
                                                     established during
                                                     the most recent
                                                     performance test.
                              d. If chemicals are   i. Collecting the
                               added to the          scrubber chemical
                               scrubber liquid,      feed rate data, as
                               maintain the          specified in item
                               average scrubber      20.d. of Table 4 to
                               chemical feed rate    this subpart; and
                               for each 3-hour      ii. Reducing the
                               block period at or    scrubber chemical
                               above the minimum     feed rate data to 1-
                               scrubber chemical     hour and 3-hour
                               feed rate             block averages; and
                               established during
                               the most recent
                               performance test.
                                                    iii. Maintaining the
                                                     3-hour block
                                                     average scrubber
                                                     chemical feed rate
                                                     at or above the
                                                     minimum scrubber
                                                     chemical feed rate
                                                     established during
                                                     the most recent
                                                     performance test.
------------------------------------------------------------------------

    As stated in Sec.  63.9810, you must show continuous compliance 
with the work practice standards for affected sources according to the 
following table:

  Table 9 to Subpart SSSSS of Part 63.--Continuous Compliance with Work
                           Practice Standards
------------------------------------------------------------------------
                                                    You must demonstrate
                                For the following        continuous
          For . . .               work practice      compliance by . . .
                                 standard . . .
------------------------------------------------------------------------
1. Each affected source       Each applicable work  i. Performing each
 listed in Table 3 to this     practice              applicable work
 subpart.                      requirement listed    practice standard
                               in Table 3 to this    listed in Table 3
                               subpart.              to this subpart;
                                                     and
                                                    ii. Maintaining
                                                     records that
                                                     document the method
                                                     and frequency for
                                                     complying with each
                                                     applicable work
                                                     practice standard
                                                     listed in Table 3
                                                     to this subpart, as
                                                     required by Sec.
                                                     Sec.   63.10(b) and
                                                     63.9816(c)(2).
2. Each basket or container   Control POM           i. Controlling
 that is used for holding      emissions from any    emissions from the
 fired refractory shapes in    affected shape        volatilization of
 an existing shape preheater   preheater.            residual pitch by
 and autoclave during the                            implementing one of
 pitch impregnation process.                         the work practice
                                                     standards listed in
                                                     item 1 of Table 3
                                                     to this subpart;
                                                     and
                                                    ii. Recording the
                                                     date and cleaning
                                                     method each time
                                                     you clean an
                                                     affected basket or
                                                     container.
3. Each new or existing       Control POM           Capturing and
 pitch working tank.           emissions.            venting emissions
                                                     from the affected
                                                     pitch working tank
                                                     to the control
                                                     device that is used
                                                     to control
                                                     emissions from an
                                                     affected defumer or
                                                     coking oven, or to
                                                     a thermal or
                                                     catalytic oxidizer
                                                     that is comparable
                                                     to the control
                                                     device used on an
                                                     affected defumer or
                                                     coking oven.
4. Each new or existing       Minimize fuel-based   i. Using natural
 chromium refractory           HAP emissions.        gas, or equivalent,
 products kiln.                                      as the kiln fuel at
                                                     all times except
                                                     during periods of
                                                     natural gas
                                                     curtailment or
                                                     supply
                                                     interruption; and
                                                    ii. If you intend to
                                                     use an alternative
                                                     fuel, submitting a
                                                     notification of
                                                     alternative fuel
                                                     use within 48 hours
                                                     of the declaration
                                                     of a per[chyph]-iod
                                                     of natural gas
                                                     curtailment or
                                                     supply
                                                     interruption, as
                                                     defined in Sec.
                                                     63.9824; and
                                                    iii. Submitting a
                                                     report of
                                                     alternative fuel
                                                     use within 10
                                                     working days after
                                                     terminating the use
                                                     of the alternative
                                                     fuel, as specified
                                                     in Sec.
                                                     63.9814(g).
5. Each existing clay         Minimize fuel-based   i. Using natural
 refractory products kiln.     HAP emissions.        gas, or equivalent,
                                                     as the kiln fuel at
                                                     all times except
                                                     during periods of
                                                     natural gas
                                                     curtailment or
                                                     supply
                                                     interruption; and

[[Page 18782]]

 
                                                    ii. If you intend to
                                                     use an alternative
                                                     fuel, submitting a
                                                     notification of
                                                     alternative fuel
                                                     use within 48 hours
                                                     of the declaration
                                                     of a per-iod of
                                                     natural gas
                                                     curtailment or
                                                     supply
                                                     interruption, as
                                                     defined in Sec.
                                                     63.9824; and
                                                    iii. Submitting a
                                                     report of
                                                     alternative fuel
                                                     use within 10
                                                     working days after
                                                     terminating the use
                                                     of the alternative
                                                     fuel, as specified
                                                     in Sec.
                                                     63.9814(g).
------------------------------------------------------------------------

    As stated in Sec.  63.9814, you must comply with the requirements 
for reports in the following table:

     Table 10 to Subpart SSSSS of Part 63.--Requirements for Reports
------------------------------------------------------------------------
                                 The report must     You must submit the
 You must submit a(n) . . .       contain . . .         report . . .
------------------------------------------------------------------------
1. Compliance report........  The information in    Semiannually
                               Sec.   63.9814(c)     according to the
                               through (f).          requirements in
                                                     Sec.   63.9814(a)
                                                     through (f).
2. Immediate startup,         a. Actions taken for  By fax or telephone
 shutdown, and malfunction     the event.            within 2 working
 report if you had a                                 days after starting
 startup, shutdown, or                               actions
 malfunction during the                              inconsistent with
 reporting period that is                            the plan.
 not consistent with your
 SSMP.
                              b. The information    By letter within 7
                               in Sec.               working days after
                               63.10(d)(5)(ii).      the end of the
                                                     event unless you
                                                     have made
                                                     alternative
                                                     arrangements with
                                                     the permitting
                                                     authority.
3. Report of alternative      The information in    If you are subject
 fuel use.                     Sec.   63.9814(g)     to the work
                               and items 4 and 5     practice standard
                               of Table 9 to this    specified in item 3
                               subpart.              or 4 of Table 3 to
                                                     this subpart, and
                                                     you use an
                                                     alternative fuel in
                                                     the affected kiln,
                                                     by letter within 10
                                                     working days after
                                                     terminating the use
                                                     of the alternative
                                                     fuel.
------------------------------------------------------------------------

    As stated in Sec.  63.9820, you must comply with the applicable 
General Provisions requirements according to the following table:

           Table 11 to Subpart SSSSS of Part 63.--Applicability of General Provisions to Subpart SSSSS
----------------------------------------------------------------------------------------------------------------
                                                                                             Applies to subpart
             Citation                         Subject                Brief description              SSSSS
----------------------------------------------------------------------------------------------------------------
Sec.   63.1.......................  Applicability.............  ..........................  Yes.
Sec.   63.2.......................  Definitions...............  ..........................  Yes.
Sec.   63.3.......................  Units and Abbreviations...  ..........................  Yes.
Sec.   63.4.......................  Prohibited Activities.....  Compliance date;            Yes.
                                                                 circumvention,
                                                                 severability.
Sec.   63.5.......................  Construction/               Applicability;              Yes.
                                     Reconstruction.             applications; approvals.
Sec.   63.6(a)....................  Applicability.............  General Provisions (GP)     Yes.
                                                                 apply unless compliance
                                                                 extension; GP apply to
                                                                 area sources that become
                                                                 major.
Sec.   63.6(b)(1)-(4).............  Compliance Dates for New    Standards apply at          Yes.
                                     and Reconstructed Sources.  effective date; 3 years
                                                                 after effective date;
                                                                 upon startup; 10 years
                                                                 after construction or
                                                                 reconstruction commences
                                                                 for section 112(f).
Sec.   63.6(b)(5).................  Notification..............  ..........................  Yes.
Sec.   63.6(b)(6).................  [Reserved]                                              ....................
Sec.   63.6(b)(7).................  Compliance Dates for New    Area sources that become    Yes.
                                     and Reconstructed Area      major must comply with
                                     Sources That Become Major.  major source standards
                                                                 immediately upon becoming
                                                                 major, regardless of
                                                                 whether required to
                                                                 comply when they were
                                                                 area sources.
Sec.   63.6(c)(1)-(2).............  Compliance Dates for        Comply according to date    Yes.
                                     Existing Sources.           in subpart, which must be
                                                                 no later than 3 years
                                                                 after effective date; for
                                                                 section 112(f) standards,
                                                                 comply within 90 days of
                                                                 effective date unless
                                                                 compliance extension.
Sec.   63.6(c)(3)-(4).............  [Reserved]                                              ....................
Sec.   63.6(c)(5).................  Compliance Dates for        Area sources that become    Yes.
                                     Existing Area Sources       major must comply with
                                     That Become Major.          major source standards by
                                                                 date indicated in subpart
                                                                 or by equivalent time
                                                                 period (for example, 3
                                                                 years).

[[Page 18783]]

 
Sec.   63.6(d)....................  [Reserved]                                              ....................
Sec.   63.6(e)(1)-(2).............  Operation & Maintenance...  Operate to minimize         Yes.
                                                                 emissions at all times;
                                                                 correct malfunctions as
                                                                 soon as practicable;
                                                                 requirements
                                                                 independently
                                                                 enforceable; information
                                                                 Administrator will use to
                                                                 determine if operation
                                                                 and maintenance
                                                                 requirements were met.
Sec.   63.6(e)(3).................  Startup, Shutdown, and      ..........................  Yes.
                                     Malfunction Plan (SSMP).
Sec.   63.6(f)(1).................  Compliance Except During    You must comply with        Yes.
                                     SSM.                        emission standards at all
                                                                 times except during SSM.
Sec.   63.6(f)(2)-(3).............  Methods for Determining     Compliance based on         Yes.
                                     Compliance.                 performance test,
                                                                 operation and maintenance
                                                                 plans, records,
                                                                 inspection.
Sec.   63.6(g)(1)-(3).............  Alternative Standard......  Procedures for getting an   Yes.
                                                                 alternative standard.
Sec.   63.6(h)(1)-(9).............  Opacity/Visible Emission    ..........................  Not applicable.
                                     (VE) Standards.
Sec.   63.6(i)(1)-(14)............  Compliance Extension......  Procedures and criteria     Yes.
                                                                 for Administrator to
                                                                 grant compliance
                                                                 extension.
Sec.   63.6(j)....................  Presidential Compliance     President may exempt        Yes.
                                     Exemption.                  source category.
Sec.   63.7(a)(1)-(2).............  Performance Test Dates....  Dates for conducting        Yes.
                                                                 initial performance
                                                                 testing and other
                                                                 compliance
                                                                 demonstrations; must
                                                                 conduct 180 days after
                                                                 first subject to rule.
Sec.   63.7(a)(3).................  Section 114 Authority.....  Administrator may require   Yes.
                                                                 a performance test under
                                                                 CAA section 114 at any
                                                                 time.
Sec.   63.7(b)(1).................  Notification of             Must notify Administrator   Yes.
                                     Performance Test.           60 days before the test.
Sec.   63.7(b)(2).................  Notification of             Must notify Administrator   Yes.
                                     Rescheduling.               5 days before scheduled
                                                                 date and provide
                                                                 rescheduled date.
Sec.   63.7(c)....................  Quality Assurance/Test      Requirements; test plan     Yes.
                                     Plan.                       approval procedures;
                                                                 performance audit
                                                                 requirements; internal
                                                                 and external QA
                                                                 procedures for testing.
Sec.   63.7(d)....................  Testing Facilities........  ..........................  Yes.
Sec.   63.7(e)(1).................  Conditions for Conducting   Performance tests must be   No, Sec.   63.9800
                                     Performance Tests.          conducted under             specifies
                                                                 representative              requirements; Yes;
                                                                 conditions; cannot          Yes.
                                                                 conduct performance tests
                                                                 during SSM; not a
                                                                 violation to exceed
                                                                 standard during SSM.
Sec.   63.7(e)(2).................  Conditions for Conducting   Must conduct according to   Yes.
                                     Performance Tests.          subpart and EPA test
                                                                 methods unless
                                                                 Administrator approves
                                                                 alternative.
Sec.   63.7(e)(3).................  Test Run Duration.........  Must have three test runs   Yes; Yes, except
                                                                 of at least 1 hour each;    where specified in
                                                                 compliance is based on      Sec.   63.9800 for
                                                                 arithmetic mean of three    batch process
                                                                 runs; conditions when       sources; Yes.
                                                                 data from an additional
                                                                 test run can be used.
Sec.   63.7(f)....................  Alternative Test Method...  ..........................  Yes.
Sec.   63.7(g)....................  Performance Test Data       ..........................  Yes.
                                     Analysis.
Sec.   63.7(h)....................  Waiver of Test............  ..........................  Yes.
Sec.   63.8(a)(1).................  Applicability of            ..........................  Yes.
                                     Monitoring Requirements.
Sec.   63.8(a)(2).................  Performance Specifications  Performance Specifications  Yes.
                                                                 in appendix B of 40 CFR
                                                                 part 60 apply.
Sec.   63.8(a)(3).................  [Reserved]
Sec.   63.8(a)(4).................  Monitoring with Flares....  ..........................  Not applicable.
Sec.   63.8(b)(1).................  Monitoring................  Must conduct monitoring     Yes.
                                                                 according to standard
                                                                 unless Administrator
                                                                 approves alternative.
Sec.   63.8(b)(2)-(3).............  Multiple Effluents and      Specific requirements for   Yes.
                                     Multiple Monitoring         installing and reporting
                                     Systems.                    on monitoring systems.
Sec.   63.8(c)(1).................  Monitoring System           Maintenance consistent      Yes.
                                     Operation and Maintenance.  with good air pollution
                                                                 control practices.
Sec.   63.8(c)(1)(i)..............  Routine and Predictable     Reporting requirements for  Yes.
                                     SSM.                        SSM when action is
                                                                 described in SSMP.
Sec.   63.8(c)(1)(ii).............  SSM not in SSMP...........  Reporting requirements for  Yes.
                                                                 SSM when action is not
                                                                 described in SSMP.
Sec.   63.8(c)(1)(iii)............  Compliance with Operation   How Administrator           Yes.
                                     and Maintenance             determines if source is
                                     Requirements.               complying with operation
                                                                 and maintenance
                                                                 requirements.
Sec.   63.8(c)(2)-(3).............  Monitoring System           Must install to get         Yes.
                                     Installation.               representative emission
                                                                 and parameter
                                                                 measurements.
Sec.   63.8(c)(4).................  CMS Requirements..........  ..........................  No, Sec.   63.9808
                                                                                             specifies
                                                                                             requirements.
Sec.   63.8(c)(5).................  COMS Minimum Procedures...  ..........................  Not applicable.

[[Page 18784]]

 
Sec.   63.8(c)(6).................  CMS Requirements..........  ..........................  Applies only to
                                                                                             sources required to
                                                                                             install and operate
                                                                                             a THC CEMS.
Sec.   63.8(c)(7)(i)(A)...........  CMS Requirements..........  ..........................  Applies only to
                                                                                             sources required to
                                                                                             install and operate
                                                                                             a THC CEMS.
Sec.   63.8(c)(7)(i)(B)...........  CMS Requirements..........  ..........................  Applies only to
                                                                                             sources required to
                                                                                             install and operate
                                                                                             a THC CEMS.
Sec.   63.8(c)(7)(i)(C)...........  CMS Requirements..........  ..........................  Not applicable.
Sec.   63.8(c)(7)(ii).............  CMS Requirements..........  Corrective action required  Yes.
                                                                 when CMS is out of
                                                                 control.
Sec.   63.8(c)(8).................  CMS Requirements..........  ..........................  Yes.
Sec.   63.8(d)....................  CMS Quality Control.......  ..........................  Applies only to
                                                                                             sources required to
                                                                                             install and operate
                                                                                             a THC CEMS.
Sec.   63.8(e)....................  CMS Performance Evaluation  ..........................  Applies only to
                                                                                             sources required to
                                                                                             install and operate
                                                                                             a THC CEMS.
Sec.   63.8(f)(1)-(5).............  Alternative Monitoring      ..........................  Yes.
                                     Method.
Sec.   63.8(f)(6).................  Alternative to Relative     ..........................  Yes.
                                     Accuracy Test.
Sec.   63.8(g)....................  Data Reduction............  ..........................  Applies only to
                                                                                             sources required to
                                                                                             install and operate
                                                                                             a THC CEMS.
Sec.   63.9(a)....................  Notification Requirements.  ..........................  Yes.
Sec.   63.9(b)(1)-(5).............  Initial Notifications.....  ..........................  Yes.
Sec.   63.9(c)....................  Request for Compliance      ..........................  Yes.
                                     Extension.
Sec.   63.9(d)....................  Notification of Special     ..........................  Yes.
                                     Compliance Requirements
                                     for New Source.
Sec.   63.9(e)....................  Notification of             Notify Administrator 60     Yes.
                                     Performance Test.           days prior.
Sec.   63.9(f)....................  Notification of VE/Opacity  ..........................  Not applicable.
                                     Test.
Sec.   63.9(g)....................  Additional Notifications    ..........................  Applies only to
                                     When Using CMS.                                         sources required to
                                                                                             install and operate
                                                                                             a THC CEMS.
Sec.   63.9(h)....................  Notification of Compliance  ..........................  Yes.
                                     Status.
Sec.   63.9(i)....................  Adjustment of Submittal     ..........................  Yes.
                                     Deadlines.
Sec.   63.9(j)....................  Change in Previous          ..........................  Yes.
                                     Information.
Sec.   63.10(a)...................  Recordkeeping/Reporting...  ..........................  Yes.
Sec.   63.10(b)(1)................  Recordkeeping/Reporting...  ..........................  Yes.
Sec.   63.10(b)(2) (i)-(v)........  Records Related to          ..........................  Yes.
                                     Startup, Shutdown, and
                                     Malfunction.
Sec.   63.10 (b)(2)(vi) and (x-xi)  CMS Records...............  ..........................  Yes.
Sec.   63.10 (b)(2)(vii)-(ix).....  Records...................  Measurements to             Yes.
                                                                 demonstrate compliance
                                                                 with emission
                                                                 limitations; performance
                                                                 test, performance
                                                                 evaluation, and visible
                                                                 emission observation
                                                                 results; measurements to
                                                                 determine conditions of
                                                                 performance tests and
                                                                 performance evaluations.
Sec.   63.10(b)(2) (xii)..........  Records...................  Records when under waiver.  Yes.
Sec.   63.10(b) (2)(xiii).........  Records...................  Records when using          Not applicable.
                                                                 alternative to relative
                                                                 accuracy test.
Sec.   63.10(b) (2)(xiv)..........  Records...................  All documentation           Yes.
                                                                 supporting Initial
                                                                 Notification and
                                                                 Notification of
                                                                 Compliance Status.
Sec.   63.10(b)(3)................  Records...................  Applicability               Yes.
                                                                 Determinations.
Sec.   63.10(c)(1)-(6), (9)-(15)..  Records...................  Additional Records for CMS  Not applicable.
Sec.   63.10(c)(7)-(8)............  Records...................  Records of excess           No, Sec.   63.9816
                                                                 emissions and parameter     specifies
                                                                 monitoring exceedances      requirements.
                                                                 for CMS.
Sec.   63.10(d)(1)................  General Reporting           Requirements for reporting  Yes.
                                     Requirements.
Sec.   63.10(d)(2)................  Report of Performance Test  When to submit to Federal   Yes.
                                     Results.                    or State authority.
Sec.   63.10(d)(3)................  Reporting Opacity or VE     ..........................  Not applicable.
                                     Observations.

[[Page 18785]]

 
Sec.   63.10(d)(4)................  Progress Reports..........  Must submit progress        Yes.
                                                                 reports on schedule if
                                                                 under compliance
                                                                 extension.
Sec.   63.10(d)(5)................  Startup, Shutdown, and      Contents and submission...  Yes.
                                     Malfunction Reports.
Sec.   63.10(e)(1)-(2)............  Additional CMS Reports....  ..........................  Applies only to
                                                                                             sources required to
                                                                                             install and operate
                                                                                             a THC CEMS.
Sec.   63.10(e)(3)................  Reports...................  ..........................  No, Sec.   63.9814
                                                                                             specifies
                                                                                             requirements.
Sec.   63.10(e)(4)................  Reporting COMS data.......  ..........................  Not applicable.
Sec.   63.10(f)...................  Waiver for Recordkeeping/   ..........................  Yes.
                                     Reporting.
Sec.   63.11......................  Flares....................  ..........................  Not applicable.
Sec.   63.12......................  Delegation................  ..........................  Yes.
Sec.   63.13......................  Addresses.................  ..........................  Yes.
Sec.   63.14......................  Incorporation by Reference  ..........................  Yes.
Sec.   63.15......................  Availability of             ..........................  Yes.
                                     Information.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 03-5622 Filed 4-15-03; 8:45 am]
BILLING CODE 6560-50-P