[Federal Register Volume 68, Number 95 (Friday, May 16, 2003)]
[Rules and Regulations]
[Pages 26690-26755]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-5739]



[[Page 26689]]

-----------------------------------------------------------------------

Part II





Environmental Protection Agency





-----------------------------------------------------------------------



40 CFR Part 63



National Emission Standards for Hazardous Air Pollutants for Brick and 
Structural Clay Products Manufacturing; and National Emission Standards 
for Hazardous Air Pollutants for Clay Ceramics Manufacturing; Final 
Rule

  Federal Register / Vol. 68, No. 95 / Friday, May 16, 2003 / Rules and 
Regulations  

[[Page 26690]]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[OAR-2002-0054 and OAR-2002-0055, FRL-7459-9]
RIN 2060-A167 and 2060-A168


National Emission Standards for Hazardous Air Pollutants for 
Brick and Structural Clay Products Manufacturing; and National Emission 
Standards for Hazardous Air Pollutants for Clay Ceramics Manufacturing

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This action promulgates national emission standards for 
hazardous air pollutants (NESHAP) for new and existing sources at brick 
and structural clay products (BSCP) manufacturing facilities and NESHAP 
for new and existing sources at clay ceramics manufacturing facilities. 
This action will implement section 112(d) of the Clean Air Act (CAA) by 
requiring major sources to meet hazardous air pollutant (HAP) emission 
standards reflecting the application of the maximum achievable control 
technology (MACT). The two subparts 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. The rules will reduce HAP 
emissions from existing sources by 2,300 tons per year nationwide, with 
hydrogen fluoride (HF) and hydrogen chloride (HCl) accounting for 2,290 
tons per year (99.6 percent) of the total HAP emissions reductions from 
existing sources. The associated metals (antimony, arsenic, beryllium, 
cadmium, chromium, cobalt, mercury, manganese, nickel, lead, and 
selenium) reductions from existing sources account for approximately 6 
tons per year nationwide (0.4 percent). Exposure to these substances 
has been demonstrated to cause adverse health effects such as 
irritation of the lung, skin, and mucus membranes, effects on the 
central nervous system, and kidney damage. The EPA has classified three 
of the HAP as known human carcinogens, four as probable human 
carcinogens, and one as a possible human carcinogen. We estimate that 
the two subparts will reduce nationwide emissions of HAP from these 
facilities by approximately 2,100 megagrams per year (Mg/yr)(2,300 tons 
per year (tpy)), a reduction of approximately 35 percent from the 
current level of emissions.

EFFECTIVE DATE: The final rule is effective May 16, 2003.

ADDRESSES: Docket No. OAR-2002-0054 contains supporting documentation 
used in developing the final BSCP rule. Docket No. OAR-2002-0055 
contains supporting documentation used in developing the final clay 
ceramics rule. The dockets are 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. The dockets are available for public 
inspection from 8:30 a.m. to 4:30 p.m., Monday through Friday, 
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: For further information concerning 
applicability and rule determinations, contact the appropriate State or 
local agency representative. If no State or local representative is 
available, contact the EPA Regional Office staff listed in 40 CFR 
63.13. For information concerning the analyses performed in developing 
the final rules, contact Ms. Mary Johnson, Combustion Group, Emission 
Standards Division (MC-C439-01), U.S. EPA, Research Triangle Park, 
North Carolina 27711, telephone number (919) 541-5025, e-mail address: 
[email protected].

SUPPLEMENTARY INFORMATION: Regulated Entities. Entities potentially 
regulated by this action are those industrial facilities that 
manufacture BSCP and clay ceramics. Brick and structural clay products 
manufacturing is classified under Standard Industrial Classification 
(SIC) codes 3251, Brick and Structural Clay Tile; 3253, Ceramic Wall 
and Floor Tile; and 3259, Other Structural Clay Products. The North 
American Industry Classification System (NAICS) codes for BSCP 
manufacturing are 327121, Brick and Structural Clay Tile; 327122, 
Ceramic Wall and Floor Tile Manufacturing; and 327123, Other Structural 
Clay Products. Clay ceramics manufacturing is classified under SIC 
codes 3253, Ceramic Wall and Floor Tile; and 3261, Vitreous Plumbing 
Fixtures (Sanitaryware). The NAICS codes for clay ceramics 
manufacturing are 327122, Ceramic Wall and Floor Tile Manufacturing; 
and 327111, Vitreous China Plumbing Fixture and China and Earthenware 
Bathroom Accessories Manufacturing. Regulated categories and entities 
are shown in Table 1 of this preamble.

               Table 1.--Regulated Categories and Entities
------------------------------------------------------------------------
                                                 Examples of potentially
            Category              SIC    NAICS      regulated entities
------------------------------------------------------------------------
Industrial.....................   3251   327121  Brick and structural
                                                  clay tile
                                                  manufacturing
                                                  facilities (BSCP
                                                  NESHAP)
Industrial.....................   3253   327122  Ceramic wall and floor
                                                  tile manufacturing
                                                  facilities (Clay
                                                  Ceramics NESHAP) and
                                                  extruded tile
                                                  manufacturing
                                                  facilities (BSCP
                                                  NESHAP).
Industrial.....................   3259   327123  Other structural clay
                                                  products manufacturing
                                                  facilities (BSCP
                                                  NESHAP)
Industrial.....................   3261   327111  Vitreous plumbing
                                                  fixtures
                                                  (sanitaryware)
                                                  manufacturing
                                                  facilities (Clay
                                                  Ceramics NESHAP).
------------------------------------------------------------------------

    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.  63.8385 of 
today's final BSCP rule and Sec.  63.8535 of today's final clay 
ceramics 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 official 
public dockets for this action under Docket ID No. OAR-2002-0054 for 
the final BSCP rule and Docket ID No. OAR-2002-0055 for the final clay 
ceramics rule. The official public dockets are the collection of 
materials that is available for public viewing at the EPA Docket Center 
(Air Docket), EPA West, Room B102, 1301 Constitution Avenue, NW., 
Washington, DC 20460. The Docket Center is open from 8:30 a.m. to 4:30 
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. A reasonable fee may be charged 
for copying docket materials.
    Electronic Access. Electronic versions of the public dockets are 
available through EPA's electronic public docket

[[Page 26691]]

and comment system, EPA Dockets. You may use EPA Dockets at http://www.epa.gov/edocket/ to view public comments, access the indexes of the 
contents of the official public dockets, and to access those documents 
in the public dockets that are available electronically. Once in the 
system, select ``search'' and key in the appropriate docket 
identification number. 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 dockets, 
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 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 July 15, 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 the requirements.
    Outline. The information presented in this preamble is organized as 
follows:

I. Background
    A. What Is the Source of Authority for Development of NESHAP?
    B. What Criteria Are Used in the Development of NESHAP?
    C. How Were the Final Rules Developed?
    D. What Are the Health Effects of Pollutants Emitted From the 
Brick and Structural Clay Products Manufacturing and Clay Ceramics 
Manufacturing Source Categories?
II. Summary of Responses to Major Comments and Changes to the Brick 
and Structural Clay Products Manufacturing Proposed NESHAP
    A. Air Pollution Control Devices
    B. Affected Source
    C. Existing Source MACT
    D. New Source MACT
    E. Cost and Economic Impacts
    F. Test Data and Emission Limits
    G. Monitoring Requirements
    H. Startup, Shutdown, and Malfunction
    I. Risk-Based Approaches
III. Summary of the Final Brick and Structural Clay Products 
Manufacturing NESHAP
    A. What Source Category Is Regulated by the Final Rule?
    B. What Are the Affected Sources?
    C. When Must I Comply With the Final Rule?
    D. What Are the Emission Limits?
    E. What Are the Operating Limits?
    F. What Are the Performance Test and Initial Compliance 
Requirements?
    G. What Are the Continuous Compliance Requirements?
    H. What Are the Notification, Recordkeeping, and Reporting 
Requirements?
IV. Summary of Environmental, Energy, and Economic Impacts for the 
Final Brick and Structural Clay Products Manufacturing NESHAP
    A. What Are the Air Quality Impacts?
    B. What Are the Water and Solid Waste Impacts?
    C. What Are the Energy Impacts?
    D. Are There any Additional Environmental and Health Impacts?
    E. What Are the Cost Impacts?
    F. What Are the Economic Impacts?
V. Summary of Responses to Major Comments and Changes to the Clay 
Ceramics Manufacturing Proposed NESHAP
    A. Affected Source
    B. Existing Source MACT
    C. New Source MACT
    D. Cost and Economic Impacts
    E. Test Data and Emission Limits
    F. Monitoring Requirements
    G. Startup, Shutdown, and Malfunction
VI. Summary of the Final Clay Ceramics Manufacturing NESHAP
    A. What Source Category Is Regulated by the Final Rule?
    B. What Are the Affected Sources?
    C. When Must I Comply With the Final Rule?
    D. What Are the Emission Limits?
    E. What Are the Operating Limits?
    F. What Are the Work Practice Standards?
    G. What Are the Performance Test and Initial Compliance 
Requirements for Sources Subject to Emission Limits?
    H. What Are the Initial Compliance Requirements for Sources 
Subject to a Work Practice Standard?
    I. What Are the Continuous Compliance Requirements for Sources 
Subject to Emission Limits?
    J. What Are the Continuous Compliance Requirements for Sources 
Subject to a Work Practice Standard?
    K. What Are the Notification, Recordkeeping, and Reporting 
Requirements for Sources Subject to Emission Limits?
    L. What Are the Notification, Recordkeeping, and Reporting 
Requirements for Sources Subject to a Work Practice Standard?
VII. Summary of Environmental, Energy, and Economic Impacts for the 
Final Clay Ceramics Manufacturing NESHAP
    A. What Are the Air Quality Impacts?
    B. What Are the Water and Solid Waste Impacts?
    C. What Are the Energy Impacts?
    D. Are there any Additional Environmental and Health Impacts?
    E. What Are the Cost Impacts?
    F. What Are the Economic Impacts?
VIII. 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 & Safety Risks
    H. Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Congressional Review Act

I. Background

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 and area sources of HAP and to establish NESHAP 
for the listed source categories and subcategories. Clay products 
manufacturing was listed as a category of major sources on the initial 
source category list published in the Federal Register on July 16, 1992 
(57 FR 31576). In the July 22, 2002 Federal Register notice (67 FR 
47894) that proposed NESHAP for BSCP manufacturing and clay ceramics 
manufacturing, the clay products manufacturing source category was 
replaced by the BSCP manufacturing source category and the clay 
ceramics manufacturing source category. Today's action contains final 
rules for the two source categories. Major sources of HAP are those 
stationary sources or groups of stationary sources that are located 
within a contiguous area and under common control that emit or have the 
potential to emit considering controls, in the aggregate, 9.07 Mg/yr 
(10 tpy) or more of any one HAP or 22.68 Mg/yr (25 tpy) or more of any 
combination of HAP. Area sources are those stationary sources that are 
not major sources.

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

[[Page 26692]]

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 for which the 
Administrator has emissions information (or the best-performing 5 
sources for which the Administrator has or could reasonably obtain 
emissions information 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 cost of achieving the 
emissions reductions, any health and environmental impacts, and energy 
requirements.

C. How Were the Final Rules Developed?

    We proposed standards for BSCP manufacturing and clay ceramics 
manufacturing on July 22, 2002 (67 FR 47894). The preamble for the 
proposed standards described the rationale for the proposed standards. 
Public comments were solicited at the time of proposal. The public 
comment period lasted from July 22, 2002 to September 20, 2002. 
Industry representatives, regulatory agencies, environmental groups, 
and the general public were given the opportunity to comment on the 
proposed rules and to provide additional information during the public 
comment period. We also offered at proposal the opportunity for oral 
presentation of data, views, or arguments concerning the proposed 
rules. A public hearing on the proposed BSCP rule was held on August 
21, 2002, during which 21 presentations were made. Following the public 
hearing, we met with representatives of industry and environmental 
groups on several occasions.
    We received a total of 80 public comment letters on the proposed 
BSCP rule and 9 public comments letters on the proposed clay ceramics 
rule. Comments were submitted by industry trade associations, BSCP and 
clay ceramics manufacturing companies, State regulatory agencies and 
their representatives, and environmental groups. Today's final rules 
reflect our consideration of all of the comments received. Major public 
comments on the proposed rules, along with our responses to those 
comments, are summarized in this preamble.

D. What Are the Health Effects of Pollutants Emitted From the Brick and 
Structural Clay Products Manufacturing and Clay Ceramics Manufacturing 
Source Categories?

    Today's proposed rules protect air quality and promote the public 
health by reducing emissions of some of the HAP listed in section 
112(b)(1) of the CAA. Emissions data collected during development of 
the proposed rules show that HF, HCl, and small amounts of metals 
(antimony, arsenic, beryllium, cadmium, chromium, cobalt, mercury, 
manganese, nickel, lead, and selenium) are emitted from BSCP and clay 
ceramics manufacturing facilities. Exposure to these HAP is associated 
with a variety of adverse health effects. These adverse health effects 
include chronic health disorders (e.g., irritation of the lung, skin, 
and mucus membranes, effects on the central nervous system, and damage 
to the kidneys), and acute health disorders (e.g., lung irritation and 
congestion, alimentary effects such as nausea and vomiting, and effects 
on the kidney and central nervous system). We have classified three of 
the HAP as human carcinogens, four as probable human carcinogens, and 
one as a possible human carcinogen. We do not know the extent to which 
the adverse health effects described above occur, or if any adverse 
effects occur, in the populations surrounding these facilities. 
However, to the extent the adverse effects do occur, today's proposed 
rules would reduce emissions and subsequent exposures. The majority of 
the emissions reductions from this rule are HF (1900 tons per year 
nationwide) and HCl (390 tons per year nationwide), while the rule will 
only reduce emissions of the HAP metals listed below by a small amount 
(approximately 6 tons nationwide per year).
1. Hydrogen Fluoride
    Acute (short-term) inhalation exposure to gaseous HF can cause 
severe respiratory damage in humans, including severe irritation and 
pulmonary edema. Chronic (long-term) 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. We have not classified HF for 
carcinogenicity.
2. Hydrogen Chloride
    Hydrogen chloride, also called hydrochloric acid, is corrosive to 
the eyes, skin, and mucous membranes. Acute (short-term) inhalation 
exposure may cause eye, nose, and respiratory tract irritation and 
inflammation and pulmonary edema in humans. Chronic (long-term) 
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. We have not 
classified HCl for carcinogenicity.
3. Antimony
    Acute (short-term) exposure to antimony by inhalation in humans 
results in effects on the skin and eyes. Respiratory effects, such as 
inflammation of the lungs, chronic bronchitis, and chronic emphysema, 
are the primary effects noted from chronic (long-term) exposure to 
antimony in humans via inhalation. Human studies are inconclusive 
regarding antimony exposure and cancer, while animal studies have 
reported lung tumors in rats exposed to antimony trioxide via 
inhalation. Effects of oral exposure to antimony are not well-
described, but a single study has reported decreased longevity and 
changes in serum glucose and cholesterol in rats. We have not 
classified antimony for carcinogenicity.
4. Arsenic
    Acute (short-term) high-level inhalation exposure to arsenic dust 
or fumes has resulted in gastrointestinal effects (nausea, diarrhea, 
abdominal

[[Page 26693]]

pain), and central and peripheral nervous system disorders. Chronic 
(long-term) inhalation exposure to inorganic arsenic in humans is 
associated with irritation of the skin and mucous membranes. Human data 
suggest a relationship between inhalation exposure of women working at 
or living near metal smelters and an increased risk of reproductive 
effects, such as spontaneous abortions. Inorganic arsenic exposure in 
humans by the inhalation route has been shown to be strongly associated 
with lung cancer, while ingestion of inorganic arsenic in humans has 
been linked to a form of skin cancer and also to bladder, liver, and 
lung cancer. We have classified inorganic arsenic as a Group A, human 
carcinogen.
5. Beryllium
    Acute (short-term) inhalation exposure to high levels of beryllium 
has been observed to cause inflammation of the lungs or acute 
pneumonitis (reddening and swelling of the lungs) in humans; after 
exposure ends, these symptoms may be reversible. Chronic (long-term) 
inhalation exposure of humans to beryllium has been reported to cause 
chronic beryllium disease (berylliosis), in which granulomatous 
(noncancerous) lesions develop in the lung. Inhalation exposure to 
beryllium has been demonstrated to cause lung cancer in rats and 
monkeys. Human studies are limited, but suggest a causal relationship 
between beryllium exposure and an increased risk of lung cancer. Oral 
exposure to beryllium was found to cause stomach lesions in dogs, but 
effects on humans are not well-described. We have classified beryllium 
as a Group B1, probable human carcinogen, when inhaled; data are 
inadequate to determine whether beryllium is carcinogenic when 
ingested.
6. Cadmium
    The acute (short-term) effects of cadmium inhalation in humans 
consist mainly of effects on the lung, such as pulmonary irritation. 
Chronic (long-term) inhalation or oral exposure to cadmium leads to a 
build-up of cadmium in the kidneys that can cause kidney disease. 
Cadmium has been shown to be a developmental toxicant in animals, 
resulting in fetal malformations and other effects, but no conclusive 
evidence exists in humans. An association between cadmium inhalation 
exposure and an increased risk of lung cancer has been reported from 
human studies, but these studies are inconclusive due to confounding 
factors. Animal studies have demonstrated an increase in lung cancer 
from long-term inhalation exposure to cadmium. We have classified 
cadmium as a Group B1, probable human carcinogen when inhaled; data are 
inadequate to determine whether cadmium is carcinogenic when ingested.
7. Chromium
    Chromium may be emitted in two forms, trivalent chromium (chromium 
III) or hexavalent chromium (chromium VI). The respiratory tract is the 
major target organ for chromium VI toxicity, for acute (short-term) and 
chronic (long-term) inhalation exposures. Shortness of breath, 
coughing, and wheezing have been reported from acute exposure to 
chromium VI, while perforations and ulcerations of the septum, 
bronchitis, decreased pulmonary function, pneumonia, and other 
respiratory effects have been noted from chronic exposure. Limited 
human studies suggest that chromium VI inhalation exposure may be 
associated with complications during pregnancy and childbirth, while 
animal studies have not reported reproductive effects from inhalation 
exposure to chromium VI. Human and animal studies have clearly 
established that inhaled chromium VI is a carcinogen, resulting in an 
increased risk of lung cancer. We have classified chromium VI as a 
Group A, human carcinogen by the inhalation exposure route. Oral 
exposure of humans to chromium VI has been reported to cause sores in 
the mouth, gastrointestinal effects, and elevated white blood cell 
counts. Animal studies of oral chromium VI exposure have reported 
testicular degeneration and fetal damage in mice and rats. Chromium IV 
is also a potent contact sensitizer, producing allergic dermatitis in 
previously-exposed humans. Data are inadequate to determine if chromium 
VI is carcinogenic by oral exposure.
    Chromium III is much less toxic than chromium VI. The respiratory 
tract is also the major target organ for chromium III toxicity, similar 
to chromium VI. Chromium III is an essential element in humans, with a 
daily oral intake of 50 to 200 micrograms per day ([mu]g/d) recommended 
for an adult. Data on adverse effects of high oral exposures of 
chromium III are not available for humans, but a study with mice 
suggests possible damage to the male reproductive tract. We have not 
classified chromium III for carcinogenicity.
8. Cobalt
    Acute (short-term) exposure to high levels of cobalt by inhalation 
in humans and animals results in respiratory effects such as a 
significant decrease in ventilatory function, congestion, edema, and 
hemorrhage of the lung. Respiratory effects are also the major effects 
noted from chronic (long-term) exposure to cobalt by inhalation, with 
respiratory irritation, wheezing, asthma, pneumonia, and fibrosis 
noted. Cardiac effects, congestion of the liver, kidneys, and 
conjunctiva, and immunological effects have also been associated with 
cobalt inhalation in humans. Cobalt is an essential element in humans, 
as a constituent of vitamin B12, but excessive oral intake has been 
reported to damage the heart, and to cause gastrointestinal effects and 
contact dermatitis. Human and animal studies are inconclusive with 
respect to potential carcinogenicity of cobalt. We have not classified 
cobalt for carcinogenicity.
9. Mercury
    Mercury exists in three forms: Elemental mercury, inorganic mercury 
compounds (primarily mercuric chloride), and organic mercury compounds 
(primarily methylmercury). Each form exhibits different health effects. 
Brick, structural clay products, and clay ceramics manufacturing may 
release elemental or inorganic mercury, but not methylmercury. However, 
elemental and inorganic mercury are deposited on surface water, where 
they are converted to methylmercury, an important food contaminant.
    Acute (short-term) exposure to high levels of elemental mercury in 
humans results in central nervous system (CNS) effects such as tremors, 
mood changes, and slowed sensory and motor nerve function. High 
inhalation exposures can also cause kidney damage and effects on the 
gastrointestinal tract and respiratory system. Chronic (long-term) 
inhalation exposure to elemental mercury in humans also affects the 
CNS, with effects such as increased excitability, irritability, 
excessive shyness, and tremors. Data on toxic effects of oral exposure 
to elemental mercury are sparse. We have not classified elemental 
mercury for carcinogenicity.
    Acute exposure to inorganic mercury by the oral route may result in 
effects such as nausea, vomiting, and severe abdominal pain. The major 
effect from chronic exposure, either oral or inhalation, to inorganic 
mercury is kidney damage. Reproductive and developmental animal studies 
have reported effects such as alterations in

[[Page 26694]]

testicular tissue, increased embryo resorption rates, and abnormalities 
of development. Mercuric chloride (an inorganic mercury compound) 
exposure has been shown to result in forestomach, thyroid, and renal 
tumors in experimental animals. We have classified mercuric chloride as 
a Group C, possible human carcinogen.
    Both acute and chronic oral exposure to methylmercury have been 
found to cause developmental damage to the central nervous system in 
fetuses and children, with effects including mental retardation, 
deafness, blindness, and cerebral palsy. Lower exposures may cause 
developmental delays and abnormal reflexes. The most important source 
of methylmercury exposure for most people is eating fish. Although fish 
is an important part of a balanced diet federal and state fish 
advisories recommend limiting intake of certain fish that contain 
elevated methylmercury levels.
10. Manganese
    Health effects in humans have been associated with both 
deficiencies and excess intakes of manganese. Chronic (long-term) 
exposure to low levels of manganese in the diet is considered to be 
nutritionally essential in humans, with a recommended daily allowance 
of 2 to 5 milligrams per day (mg/d). Chronic inhalation exposure to 
high levels of manganese by inhalation in humans results primarily in 
CNS effects. Visual reaction time, hand steadiness, and eye-hand 
coordination were affected in chronically-exposed workers. Manganism, 
characterized by feelings of weakness and lethargy, tremors, a mask-
like face, and psychological disturbances, may result from chronic 
exposure to higher levels. Impotence and loss of libido have been noted 
in male workers afflicted with manganism attributed to inhalation 
exposures. We have classified manganese as Group D, not classifiable as 
to human carcinogenicity.
11. Nickel
    Nickel is an essential element in some animal species, and it has 
been suggested it may be essential for human nutrition. Nickel 
dermatitis, consisting of itching of the fingers, hands, and forearms, 
is the most common effect in humans from chronic (long-term) skin 
contact with nickel. Respiratory effects have also been reported in 
humans from inhalation exposure to nickel. No information is available 
regarding the reproductive or developmental effects of nickel in 
humans, but animal studies have reported such effects. Human and animal 
studies have reported an increased risk of lung and nasal cancers from 
exposure to nickel refinery dusts and nickel subsulfide. Animal 
inhalation studies of soluble nickel compounds (i.e., nickel carbonyl) 
have reported lung tumors. Dermal exposure to nickel may produce 
contact dermatitis. Adverse effects of oral nickel exposure are not 
well-described. We have classified nickel refinery dust and nickel 
subsulfide as Group A, human carcinogens, and nickel carbonyl as a 
Group B2, probable human carcinogen, by inhalation exposure.
12. Lead
    Lead is a very toxic element, causing a variety of effects at low 
oral or inhaled dose levels. Brain damage, kidney damage, and 
gastrointestinal distress may occur from acute (short-term) exposure to 
high levels of lead in humans. Chronic (long-term) exposure to lead in 
humans results in effects on the blood, CNS, blood pressure, and 
kidneys. Children are particularly sensitive to the chronic effects of 
lead, with slowed cognitive development, reduced growth, and other 
effects reported. Reproductive effects, such as decreased sperm count 
in men and spontaneous abortions in women, have been associated with 
lead exposure. The developing fetus is at particular risk from maternal 
lead exposure, with low birth weight and slowed postnatal 
neurobehavioral development noted. Human studies are inconclusive 
regarding lead exposure and cancer, while animal studies have reported 
an increase in kidney cancer from lead exposure by the oral route. We 
have classified lead as a Group B2, probable human carcinogen.
13. Selenium
    Selenium is a naturally occurring substance that is toxic at high 
concentrations but is also a nutritionally essential element. Acute 
(short-term) exposure to elemental selenium, hydrogen selenide, and 
selenium dioxide by inhalation results primarily in respiratory 
effects, such as irritation of the mucous membranes, pulmonary edema, 
severe bronchitis, and bronchial pneumonia. Studies of humans 
chronically (long-term) exposed to high levels of selenium in food and 
water have reported discoloration of the skin, pathological deformation 
and loss of nails, loss of hair, excessive tooth decay and 
discoloration, lack of mental alertness, and listlessness. The 
consumption of high levels of selenium by pigs, sheep, and cattle has 
been shown to interfere with normal fetal development and to produce 
birth defects. Results of human and animal studies suggest that 
supplementation with some forms of selenium may result in a reduced 
incidence of several tumor types. One selenium compound, selenium 
sulfide, is carcinogenic in animals exposed orally. We have classified 
elemental selenium as a Group D, not classifiable as to human 
carcinogenicity, and selenium sulfide as a Group B2, probable human 
carcinogen.

II. Summary of Responses to Major Comments and Changes to the Brick and 
Structural Clay Products Manufacturing Proposed NESHAP

    In response to the public comments received on the proposed BSCP 
rule, we made several changes in developing today's final BSCP rule. 
The major comments and our responses and rule changes are summarized in 
the following sections. A more detailed summary can be found in the 
Response-to-Comments document, which is available from several sources 
(see SUPPLEMENTARY INFORMATION section).

A. Air Pollution Control Devices

    The most significant change to the proposed BSCP rule concerns our 
conclusions regarding the effective application of air pollution 
control devices (APCD) to existing kilns. The EPA received numerous 
comments from industry representatives, kiln manufacturers, and air 
pollution control device vendors on issues related to the application 
and performance of APCD. The MACT floor in the proposed rule was based 
on the use of dry lime injection fabric filters (DIFF), dry lime 
scrubber/fabric filters (DLS/FF), or wet scrubbers (WS). Another 
technology commonly used to control emissions from brick kilns, dry 
limestone adsorbers (DLA), was not considered to be a MACT floor 
technology at the time of proposal because we had concerns with 
monitoring options and our data indicated that the DLA could not 
achieve HAP emissions reductions equivalent to the reductions achieved 
by DIFF, DLS/FF, or WS technologies. However, as discussed in the 
paragraphs below, many commenters reported disadvantages of the DIFF, 
DLS/FF, and WS technologies for BSCP kilns and provided information to 
address our concerns about DLA technology. Consequently, the final rule 
allows some sources to use the DLA technology.
    Several commenters argued that DIFF, DLS/FF, and WS technologies 
are not proven or commercially available for BSCP kilns. Commenters 
pointed out that, with the exception of one facility, full-scale WS 
have never been used on

[[Page 26695]]

BSCP kilns, although some short-term pilot tests of WS have been 
conducted. The commenters pointed out that injection systems (such as 
DIFF and DLS/FF) and wet control devices need a certain airflow to 
operate properly, and different products may require different 
airflows, some of which could be outside of the range within which the 
APCD operates properly. In addition, commenters pointed out that during 
kiln slowdowns (which could be caused by a situation such as an 
economic slowdown), the APCD may not be able to operate at all because 
of reduced kiln airflow.
    Several commenters expressed concerns about waste disposal. 
Commenters stated that DIFF and DLS/FF systems produce large amounts of 
solid waste that is difficult and expensive to dispose of. Commenters 
stated that WS would not be viable options for many BSCP plants because 
of wastewater treatment issues (e.g., limited or no sewer access, 
wastewater treatment costs). Commenters added that recycling of WS 
wastewater back into the brick body is not an option because of 
problems created by the soluble salts in the water (e.g., scumming and 
efflorescence) and because the volume of wastewater generated would 
exceed process water needs even if recycling were possible.
    Commenters also raised concerns about retrofitting existing BSCP 
kilns with DIFF, DLS/FF, and WS technologies. Commenters pointed out 
that brick color, the primary factor in brick sales, is affected by 
kiln airflow. Thus, retrofitting with an APCD that changes the kiln 
airflow would change the recipes for the manufacture of brick in a 
tunnel kiln. Thus, years of experience in the colors produced by the 
unique firing characteristics of a kiln would be lost. Implications are 
serious if a facility cannot match its existing product line.
    The commenters also charged that we did not account for other 
retrofitting problems associated with installing DIFF, DLS/FF, or WS on 
older kilns, and the costs associated with these problems. Commenters 
also described how attempts at retrofitting kilns with these APCD have 
resulted in significant amounts of kiln downtime and permanent 
reductions in kiln production capacities. As stated by the commenters, 
none of the retrofits have been entirely successful in terms of 
reducing emissions while not disrupting the production process, and 
several have had dramatic negative impacts on the production process. 
At one facility that retrofitted two kilns with DIFF, the capacities of 
the two kilns decreased from 13.5 cars per day to 12.2 cars per day 
because of changes in the kiln airflow that resulted from the retrofit. 
This resulted in a loss of revenue of about $1 million per year. 
Another retrofit DIFF (multi-stage injection system) installation at a 
different facility was reported to be extremely problematic, and the 
cost of the APCD, which was originally estimated at $1 million, is now 
over $2 million and the system is still not operating correctly more 
than 2 years later. The facility has experienced numerous problems with 
the basic design of the unit, including improperly designed dampers and 
reagent feeding systems. A facility representative stated that the 
problems are largely due to the fact that few systems have been 
developed for brick kiln operations; therefore, vendors are still 
learning (often on the industry's nickel) how to design these systems. 
In the facility's public comments, they stated that they plan to never 
build another hot baghouse (DIFF or DLS/FF) due to the massive 
operating problems associated with them. A retrofit DLS/FF system, the 
only one that has been attempted in the U.S. to date, also was 
problematic. The facility stated that they have experienced maintenance 
and material quality problems that have resulted in kiln downtime. The 
facility added that the problems stem from the fact that the system is 
a prototype without a substantial operational, troubleshooting and 
maintenance history, which has left the facility in the position of 
having to diagnose and solve the problems as the system operates. In 
addition, the company that installed this system is no longer quoting 
systems to the BSCP industry.
    Numerous commenters recommended that EPA allow use of DLA. The 
commenters described the operating benefits of DLA, including ease of 
operation, low operating cost, little down time, and the ability to 
handle kiln fluctuations with changing throughputs. Most importantly, 
DLA do not impact kiln operation. The commenters pointed out that DLA 
do not require a minimum airflow like DIFF, DLS/FF, or WS technologies. 
One commenter pointed out that once a DLA is designed for maximum 
airflow, any fluctuations below this maximum only create more contact 
time between the kiln exhaust gases and the limestone, which would 
likely increase the effectiveness of the DLA and would not impact the 
operation of the kiln. The commenters pointed out that DLA have been 
used extensively in Europe for many years and also are the most 
prevalent APCD used in the BSCP industry in the United States. Many 
commenters stated that DLA should be allowed if they can meet the BSCP 
standards. The commenters indicated that plants should not have to 
request site-specific monitoring parameters for DLA because they are 
the most prevalent technology. In addition, some commenters discussed 
the high costs and limited additional HAP reduction associated with 
replacing existing DLA with a DIFF system.
    Several commenters felt that EPA disregarded or ``bashed'' DLA and 
disagreed with EPA's conclusions regarding DLA in the preamble to the 
proposed rule. Specifically, the commenters disagreed that: DLA 
generate particulate matter (PM) emissions; long-term test data that 
demonstrate DLA performance over the life of the sorbent are not 
available; DLA limestone is not continuously replaced; and the 
performance of DLA decreases as the sorbent is re-used because the 
ability of the sorbent to adsorb HF and HCl decreases.
    We disagree with commenters that the use of DIFF has not been 
proven in the brick industry. The DIFF and DLS/FF systems are a proven 
control technology for kilns with a given minimum airflow rate. We do, 
however, believe that retrofitting existing kilns with DIFF or DLS/FF 
systems is not feasible in many cases. We recognize that WS may not be 
practical or low-cost for most facilities, but believe they could be a 
legitimate option for some facilities (e.g., facilities with sewer 
access). We acknowledge that retrofitting existing BSCP kilns with 
certain APCD (particularly those that affect kiln airflow) can alter 
time-honored recipes for brick color, thereby changing the product. We 
acknowledge that DLA are used extensively around the world to control 
emissions from brick kilns. In developing the description of DLA 
technology for the preamble to the proposed rule, we used the technical 
data available to us at the time. We had no intention of ``bashing'' 
DLA but simply reported the data at hand.
    After consideration of the comments received regarding DIFF, DLS/
FF, WS, and DLA technologies, we have come to new conclusions regarding 
the effective application of these devices. We now believe that DLA are 
the only currently available technology that can be used to retrofit 
existing kilns without potentially significant impacts on the 
production process, and we have revised today's final rule accordingly. 
In addition, we believe that, because of the retrofit concerns that we 
have identified, it is not technologically and economically feasible 
for an existing

[[Page 26696]]

small tunnel kiln that would otherwise meet the criteria for 
reconstruction in 40 CFR 63.2 and whose design capacity is increased 
such that it is equal to or greater than 9.07 Mg/hr (10 tph) of fired 
product (for the remainder of this preamble, these sources will be 
referred to as ``existing small kilns that are rebuilt such that they 
become large kilns'') to meet the relevant standards (i.e., new source 
MACT) by retrofitting with a DIFF, DLS/FF, or WS. In addition, we 
believe that it is not technologically and economically feasible for an 
existing large DLA-controlled kiln that would otherwise meet the 
criteria for reconstruction in 40 CFR 63.2 (for the remainder of this 
preamble, these sources will be referred to as ``existing large DLA-
controlled kilns that are rebuilt'') to meet the relevant (i.e., new 
source MACT) standards by retrofitting with a DIFF, DLS/FF, or WS. 
Accordingly, we have added regulatory language in 40 CFR 63.8390(i) to 
provide that an existing small kiln that is rebuilt such that it 
becomes a large kiln and an existing large DLA-controlled tunnel kiln 
that is rebuilt do not meet the definition of reconstruction in 40 CFR 
63.2 and are not subject to the same requirements as new and 
reconstructed large tunnel kilns. However, it is technologically and 
economically feasible for both types of kilns described in 40 CFR 
63.8390(i) to retrofit with a DLA (or to continue operating an existing 
DLA) and we have revised today's final rule to require that such kilns 
meet emission limits that correspond to the level of control provided 
by a DLA. We continue to believe that DIFF, DLS/FF, and WS are 
appropriate technologies for new large tunnel kilns and for 
reconstructed large tunnel kilns that were equipped with DIFF, DLS/FF, 
or WS prior to reconstruction. However, DLA are the only APCD that have 
been demonstrated on small tunnel kilns (which have smaller airflows 
than large tunnel kilns), and, therefore, the requirements for new and 
reconstructed small tunnel kilns are based on the level of control that 
can be achieved by a DLA. We note that facilities have the flexibility 
to select any control device or technique that ensures that emissions 
from their brick kilns are in compliance with the emission limits set 
forth in the final rule. Each of the APCD described above have 
advantages and disadvantages to their use, and the selection of the 
APCD to meet the requirements of the final rule will be dependent on 
site-specific parameters.

B. Affected Source

1. Production-Rate Limit
    The proposed rule subcategorized tunnel kilns based on a 9.07 Mg/hr 
(10 tph) design capacity. We requested comment on the appropriate 
design capacity-based subcategorization level in the preamble to the 
proposed rule. We received numerous comments regarding 
subcategorization of tunnel kilns. While some commenters agreed with 
the 9.07 Mg/hr (10 tph) distinction among tunnel kiln subcategories, 
several commenters thought that the 9.07 Mg/hr (10 tph) limit was 
arbitrarily assigned. The commenters charged that EPA did not use all 
available data in determining the appropriate size cutoff. Many 
commenters argued that the design capacity limit should be higher based 
on available data (i.e., 10.1 Mg/hr (11.1 tph) or 12.1 Mg/hr (13.3 
tph)). The commenters disagreed that the cutoff should be rounded down 
from 10.1 Mg/hr (11.1 tph) to 9.07 Mg/hr (10 tph).
    Some commenters noted that a design capacity distinction gives a 
competitive advantage to facilities operating smaller kilns. One 
commenter disagreed that there was a technological basis for 
differentiating among tunnel kilns producing above or below 9.07 Mg/hr 
(10 tph). The commenter stated that EPA may not subcategorize tunnel 
kilns to reduce costs.
    Through subcategorization, we are able to define subsets of similar 
emission sources within a source category if differences in emissions 
characteristics, processes, APCD viability, or opportunities for 
pollution prevention exist within the source category. Section 
112(d)(1) of the CAA states ``the Administrator may distinguish among 
classes, types, and sizes of sources within a category or subcategory'' 
in establishing emission standards. Thus, we have discretion in 
determining appropriate subcategories based on classes, types, and 
sizes of sources. We used this discretion in developing subcategories 
for the BSCP source category. We first subcategorized kilns based on 
type (i.e., periodic kilns versus tunnel kilns). We then further 
subcategorized tunnel kilns based on kiln size. Our distinctions are 
based on technological differences in the equipment. For example, 
periodic kilns are smaller than tunnel kilns and operate in batch 
cycles, whereas tunnel kilns operate continuously. There are also 
differences in the effective application of air pollution controls. To 
our knowledge, HAP emissions from periodic kilns have not successfully 
been controlled. Similarly, we distinguished between tunnel kilns with 
design capacities above and below 9.07 Mg/hr (10 tph) at proposal in 
part because the APCD we believed to be the best performers (DIFF, DLS/
FF, and WS) were not demonstrated on existing tunnel kilns with design 
capacities below roughly 9.07 Mg/hr (10 tph). For the reasons discussed 
below, we revisited the appropriate subcategorization level in response 
to comments on the proposal when developing today's final rule. While 
we continue to believe that 9.07 Mg/hr (10 tph) is the appropriate 
subcategorization level, our reasons for choosing that level have 
changed since proposal in light of new information that we received 
during the public comment period about DLA controls and the three 
proposed MACT controls (DIFF, DLS/FF, and WS).
    As discussed earlier, numerous commenters pointed out serious 
concerns regarding retrofitting existing kilns with APCD such as DIFF, 
DLS/FF, and WS. Therefore, we now consider DLA to be the only currently 
available technology that can be used to retrofit existing kilns, 
including existing small kilns that are rebuilt such that they become 
large kilns and existing large DLA-controlled kilns that are rebuilt, 
without potentially significant impacts on the production process.
    In response to comments suggesting that we include new data in our 
analyses, we updated our data base with information on new kilns, new 
APCD (except those controls that we consider to achieve the lowest 
achievable emission rate (LAER) as specified in section 112(d)(3)(A) of 
the CAA), changes in kiln capacities, and changes in facility 
ownership. We used the information submitted by commenters and made 
followup calls to States and individual facilities for additional 
clarification as necessary to update our data base.
    We used our updated data base in reevaluating all aspects of the 
proposed standards. The smallest tunnel kiln with MACT floor controls 
(i.e., with DLA controls reflecting the existing source MACT floor 
under today's final rule) in our updated database has a capacity of 8.3 
Mg/hr (9.1 tph). Rounding up to the nearest integer, based on current 
application of APCD to BSCP tunnel kilns, we believe that 9.07 Mg/hr 
(10 tph) continues to be an appropriate subcategorization level. 
Commenters have stated that a smaller tunnel kiln (e.g., 4.5 Mg/hr (5 
tph) capacity) is dissimilar from a larger tunnel kiln (e.g., 13.6 Mg/
hr (15 tph) capacity), especially with regard to the airflow, which is 
a key operating parameter for APCD. Airflow is particularly important 
for

[[Page 26697]]

lime injection-type systems (DIFF and DLS/FF), because the injected 
lime is carried through the reaction chamber (or duct) by the kiln 
exhaust gas. For a given lime injection rate, if a minimum exhaust flow 
is not maintained, the sorbent can settle in the duct work and cause 
APCD malfunction. Furthermore, APCD malfunctions can affect the airflow 
within the kiln, and can destroy product that is in the kiln. We 
believe that DIFF and DLS/FF systems, if attempted on smaller kilns, 
would experience more difficulties with respect to airflow than systems 
on larger kilns because as the design airflow decreases, the acceptable 
operating range also would be expected to decrease. Any fluctuation in 
airflow would be expected to have a greater impact on APCD operation as 
the size of the system decreases. Given the technological concerns and 
the capacities of currently-controlled tunnel kilns, we maintain that a 
design capacity-based subcategorization level of 9.07 Mg/hr (10 tph) is 
appropriate for existing tunnel kilns.
    We acknowledge the comments suggesting that 10.1 Mg/hr (11.1 tph) 
should be the size cutoff based on the smallest DIFF-controlled tunnel 
kiln. However, because we now consider that the performance of a DLA 
represents the MACT floor for existing sources (and DIFF, DLS/FF, and 
WS also can meet the emission limits), we considered the smallest non-
LAER DLA-controlled kiln in setting the subcategorization level. We 
disagree that 12.1 Mg/hr (13.3 tph) would have been the proper level 
for proposal or for the final rule. We believe that consideration of 
technological differences and the effective application of APCD to 
kilns of different sizes is the appropriate method of selecting a 
subcategorization level. We maintain that 9.07 Mg/hr (10 tph) is 
appropriate.
    We understand that, regardless of the particular subcategorization 
level selected, there will be facilities that operate kilns with 
throughputs slightly above the level and some that operate kilns at 
slightly below the level. Facilities operating kilns slightly above the 
subcategorization level have the option of accepting a federally 
enforceable permit limit to limit their throughput to below the level. 
Facilities operating just below the level must make careful decisions 
regarding expansion of their kilns. We acknowledge that facilities 
operating near the subcategorization level must make decisions 
regarding permit limits and expansions based on facility-specific 
considerations (e.g., control costs, impact on revenue). However, as 
some commenters have pointed out, cost is not an appropriate criteria 
for us to use in establishing subcategories, because our discretion for 
establishing subcategories is limited, under the CAA, to distinguishing 
among classes, types, and sizes of sources.
2. R&D Kiln Definition
    One commenter requested that we change the definition of research 
and development (R&D) kiln so that it is consistent with the definition 
of R&D in section 112(c)(7) of the CAA and most other NESHAP. 
Therefore, today's final rule includes a revised definition of research 
and development kiln that is consistent with section 112(c)(7) of the 
CAA and other NESHAP.

C. Existing Source MACT

1. Consideration of Synthetic Area Sources in the MACT Floor 
Determinations for Existing Sources
    In the preamble to the proposed BSCP rule, we requested comment on 
inclusion of synthetic area sources (also called synthetic minor 
sources) in the MACT floor determinations for existing tunnel kilns. 
For the remainder of this preamble, we will refer to these sources as 
synthetic minor sources. Synthetic minor sources are those facilities 
that emit fewer than 10 tons per year of any HAP and fewer than 25 tons 
per year of any combination of HAP because they use some emission 
control device (or devices), the operation of which is required by a 
Federally Enforceable State Operating Permit (FESOP). In the absence of 
such controls, these sources would be major.
    Inclusion of synthetic minor sources in the MACT floor 
determination was an issue prior to proposal because whether or not 
synthetic minor sources were included would affect the level of control 
represented by the floor determinations for existing large tunnel kilns 
(i.e., tunnel kilns with design capacities equal to or greater than 
9.07 Mg/hr (10 tph)). Had synthetic minor sources been excluded, the 
MACT floor for existing tunnel kilns would have been ``no emissions 
reductions.'' With synthetic minor sources included (as we proposed), 
the MACT floor for existing tunnel kilns was based on a DIFF, DLS/FF or 
WS.
    Industry representatives asserted, prior to proposal, that the BSCP 
MACT floor determination should not include synthetic minor sources. We 
rejected the idea of excluding synthetic minor sources from the MACT 
floor determination for several reasons discussed in the preamble to 
the proposed rule. (See 67 FR 47894, 47911-47912, July 22, 2002.) 
Nevertheless, because of the industry representatives' arguments, we 
requested comment from all interested parties on inclusion of synthetic 
minor sources in MACT floor determinations.
    Following proposal, numerous industry representatives commented on 
the issue of whether to include synthetic minor sources in MACT floor 
determinations. The industry representatives commented that only major 
sources are included in the listed BSCP source category, and therefore, 
only major sources are to be used in the MACT floor determination. The 
commenters referenced section 112(a)(1) of the CAA, which defines major 
source as a source that ``emits or has the potential to emit 
considering controls 10 tons per year * * *.'' (emphasis added), and 
stated that by definition, synthetic minor sources are not major 
sources. The commenters noted that EPA did not include true area 
sources (or minor sources) in the MACT floor determination and stated 
that synthetic minor sources should be treated similarly for purposes 
of establishing MACT floors.
    An environmental group also commented on the issue of including 
synthetic minor sources in MACT floor determinations. The commenter 
supported EPA's decision to include synthetic minor sources in the MACT 
floor for BSCP. The commenter stated that the CAA requires EPA to 
include synthetic minor sources in MACT floor determinations. The 
commenter stated that excluding consideration of the best-controlled 
sources (which became synthetic minor sources as a result of effective 
controls) would contradict the CAA section 112(d) MACT floor 
methodology established by Congress. The commenter argued that such 
exclusion would weaken emission standards required for existing 
sources, and increase the levels of air toxics released into the 
environment.
    Section 112(d) of the CAA directs us to establish emission 
standards for each category or subcategory of major sources and minor 
sources of HAP listed for regulation pursuant to section 112(c) of the 
CAA. Each such standard must reflect a minimum level of control known 
as the MACT floor. (See CAA section 112(d).) However, section 112 of 
the CAA does not specifically address synthetic minor or synthetic area 
sources, which include those sources that emit fewer than 10 tons per 
year of any HAP or fewer than 25 tons per year of any combination of 
HAP because they use some emission control device(s), pollution 
prevention techniques or other measures (collectively referred to as 
controls in this preamble) adopted

[[Page 26698]]

under Federal or State regulations. If not for the enforceable controls 
they have implemented, synthetic minor sources would be major sources 
under section 112 of the CAA.
    We believe that the better interpretation of the CAA's plain 
language and legislative history requires that synthetic minor sources 
be included in MACT floor determinations. First, the plain language of 
the statute makes clear that our MACT floor determinations are to 
reflect the best sources in a category. For new sources in a category 
or subcategory, the MACT floor shall not be less stringent than the 
emission control that is achieved in practice by the best-controlled 
similar source, as determined by EPA. (See CAA section 112(d)(3), 
emphasis added.) For existing sources in a category or subcategory with 
30 or more sources, the MACT floor may be less stringent than the floor 
for new sources in the same category or subcategory but shall not be 
less stringent than the average emission limitation achieved by the 
best performing 12 percent of the existing sources (for which the 
Administrator has emissions information). (See CAA section 
112(d)(3)(A), emphasis added.\1\) Thus, section 112(d)(3) of the CAA 
requires that MACT floors reflect what the best-controlled new sources 
and the best-performing existing sources achieve in practice. These 
phrases contain no exemptions and are not limited by references to 
sources with or without controls. Therefore, they suggest that all of 
the best-controlled or best-performing sources should be considered in 
MACT floor determinations, regardless of whether or not such sources 
rely upon controls.
---------------------------------------------------------------------------

    \1\ If a category or subcategory has fewer than 30 sources, the 
floor shall be ``the average emission limitation achieved by the 
best performing 5 sources (for which the Administrator has or could 
reasonably obtain emissions information) in the category or 
subcategory.'' (See CAA section 112(d)(3)(B), emphasis added.)
---------------------------------------------------------------------------

    Furthermore, section 112(d)(3) of the CAA expressly excludes 
certain sources that meet LAER requirements from MACT floor 
determinations for existing sources. (See CAA section 112(d)(3)(A).) 
The fact that Congress expressly excluded such LAER sources but did not 
also exclude synthetic minor sources suggests that no exclusion was 
intended for synthetic minor sources. Indeed, nothing in the statute 
suggests that EPA should exclude a control technology from its 
consideration of the MACT floor because the technology is so effective 
that it reduces source emissions such that the source is no longer a 
major source of HAP. (See 67 FR 36,460 and 36,464, May 23, 2002, 
stating this rationale for including synthetic minor sources in the 
floor determination for the proposed NESHAP for municipal solid waste 
landfills.)
    Some commenters argue that because the BSCP source category only 
includes major sources and synthetic minor sources are non-major by 
definition, synthetic minor sources (like true area sources) fall 
outside the regulated source category and should not be considered in 
MACT floor determinations. EPA agrees that the BSCP source category 
includes only major sources. (See 67 FR 47,894 and 47,898, July 22, 
2002.) However, EPA disagrees that the CAA contemplates that synthetic 
minor sources must be treated like true area sources and excluded from 
MACT floor determinations. Section 112(a) of the CAA defines a major 
source as:

    any stationary source or group of stationary sources located 
within a contiguous area and under common control that emits or has 
the potential to emit considering controls, in the aggregate, 10 
tons per year or more of any hazardous air pollutant or 25 tons per 
year or more of any combination of hazardous air pollutants * * *.

(See CAA section 112(a)(1).) An area source is defined as any 
stationary source of hazardous air pollutants that is not a major 
source. (See CAA section 112(a)(1).) In the major source definition, 
the reference to a source's potential to emit considering controls 
allows the interpretation that a source's potential to emit before and 
after controls is relevant, such that synthetic minor sources may be 
considered within the meaning of this definition and included in MACT 
floor determinations for categories of major sources.\2\ Some 
commenters appear to suggest that the reference to a source's potential 
to emit considering controls can only mean a source's potential to emit 
after controls have been implemented. While it is possible to read the 
phrase in this manner in isolation, this interpretation would have the 
effect of excluding the best-performing sources in a category from MACT 
floor determinations and therefore would be contrary to the statutory 
mandate that EPA set MACT floors based on the levels the best-
controlled new sources and the best-performing existing sources achieve 
in practice. We believe the statutory reference to potential to emit 
considering controls should be read in a manner consistent with the 
other requirements of section 112(d) of the CAA to allow for the 
consideration of synthetic minor sources in MACT floor determinations 
for categories of major sources.
---------------------------------------------------------------------------

    \2\ We believe this approach is not inconsistent with our policy 
that existing sources that limit their potential to emit to below 
the major source threshold prior to the first compliance deadline 
under a MACT standard will not be subject to the standard, as one 
commenter suggests. (See Memorandum from John S. Seitz, Director, 
Office of Air Quality Planning and Standards, EPA, to EPA Regions, 
``Potential to Emit for MACT Standards--Guidance on Timing Issues,'' 
May 16, 1995.) Including synthetic minor sources in MACT floor 
determinations ensures that MACT floors reflect the best-performing 
sources, as the CAA requires. At the same time, our policy 
recognizes that sources that already achieve or perform better than 
the MACT floors need not be subject to the MACT standards.
---------------------------------------------------------------------------

    In addition, the legislative history suggests that synthetic minor 
sources should be included in MACT floor determinations. In a floor 
statement, Senator Durenberger stated that in implementing section 
112(d)(3) of the CAA, ``the [Senate] managers intend the Administrator 
to take whatever steps are necessary to assure that [the Administrator] 
has collected data on all of the better-performing sources within each 
category. [The Administrator] must have a data-gathering program 
sufficient to assure that [EPA] does not miss any sources that have 
superior levels of emission control.'' (See Environment and Natural 
Resources Policy Division, Congressional Research Service, 103d Cong., 
S.Prt. 103-38 (prepared for the U.S. Senate Committee on Environment 
and Public Works), A Legislative History of the Clean Air Act 
Amendments of 1990 at 870, Nov. 1993, emphasis added.) This statement 
underscores that Congress intended for MACT floor determinations to 
reflect consideration of all of the sources in each category with the 
best emission controls. We believe it would be inconsistent with 
Congress's intent and the plain language of the CAA to exclude 
synthetic minor sources--those sources with superior controls which 
became synthetic minor sources by implementing such controls--from MACT 
floor determinations.
    We believe that the inclusion of synthetic minor sources in MACT 
floor determinations is justified because of the reasons explained 
above. Even if the MACT floor determination had been ``no emissions 
reductions'' we believe that a departure from the MACT floor to a 
beyond-the-floor standard, based on DLA technology, is viable because 
the benefits associated with the emissions reductions will exceed the 
cost of installing and operating the technology.
2. MACT Floors for Existing Sources
    Some commenters questioned how the MACT floor for existing sources 
was

[[Page 26699]]

set. Some commenters thought that control devices installed for sulfur 
oxides (SOx) control (rather than for HAP control) should 
not be considered in the MACT floor. Other commenters felt that costs 
should be a consideration.
    One commenter charged that EPA has simply set MACT floors based on 
control technology type and that EPA did not identify the relevant best 
performers and set floors reflecting their average emission level. The 
commenter noted that factors other than control device type affect 
emissions and that EPA must consider all non-negligible factors in 
setting MACT floors and considering beyond-the-floor measures. The 
commenter stated that if EPA believes it is unworkable to consider all 
factors, then perhaps EPA should base standards on actual emissions 
data which reflects all the factors influencing a source's performance. 
The commenter also noted that EPA picked the worst performance of any 
source that used the chosen technology to set the floor for PM.
    A detailed discussion of how we determined the MACT floor for 
existing large tunnel kilns (i.e., tunnel kilns with design capacities 
equal to or greater than 9.07 Mg/hr (10 tph)) is provided below. 
Although the discussion in the example below focuses on existing large 
tunnel kilns that exhaust directly to the atmosphere or to an APCD, the 
same MACT floor methodology was used for existing large tunnel kilns 
that exhaust to sawdust dryers prior to exhausting to the atmosphere, 
existing small tunnel kilns that exhaust directly to the atmosphere or 
to an APCD, existing small sawdust-fired tunnel kilns that duct to 
sawdust dryers, and existing periodic kilns. Details of these MACT 
floor determinations were discussed in the preamble to the proposed 
rule. (See 67 FR 47909-47912, July 22, 2002.) Section 112(d)(3) is the 
section of the CAA that dictates how we must establish MACT floors. 
Section 112(d)(3) of the CAA states that:

    The maximum degree of reduction in emissions that is deemed 
achievable for new sources in a category or subcategory shall not be 
less stringent than the emission control that is achieved in 
practice by the best controlled similar source, as determined by the 
Administrator. Emission standards promulgated under this subsection 
for existing sources in a category or subcategory may be less 
stringent than standards for new sources in the same category or 
subcategory but shall not be less stringent, and may be more 
stringent than--
    (A) Rhe average emission limitation achieved by the best 
performing 12 percent of the existing sources (for which the 
Administrator has emissions information), excluding those sources 
that have, within 18 months before the emission standard is proposed 
or within 30 months before such standard is promulgated, whichever 
is later, first achieved a level of emission rate or emission 
reduction which complies, or would comply if the source is not 
subject to such standard, with the lowest achievable emission rate 
(as defined by section 171) applicable to the source category and 
prevailing at the time, in the category or subcategory for 
categories and subcategories with 30 or more sources * * *.

    With the exception of the LAER provisions in section 112(d)(3)(A) 
of the CAA, the CAA requires us to base the MACT floor on the best-
performing sources without consideration of why facilities decided to 
control emissions. Therefore, if an APCD is reducing HAP emissions 
(e.g., HF, HCl, or HAP metals), it is irrelevant if sources installed 
APCD for SOX or visible emissions control for purposes of 
conducting MACT floor determinations.
    We determined the MACT floor control level for existing sources 
using the following general procedure:
    (1) We reviewed available data on pollution prevention techniques 
(including substitution of raw materials and/or fuels) and the 
performance of add-on control devices to determine the techniques that 
were viable for and effective at reducing HAP emissions;
    (2) For each subcategory, we ranked the kilns from the best 
performing to the worst performing based on the emission reduction 
technique used on the kilns;
    (3) For each subcategory, we then identified the 94th percentile 
kiln and the emission reduction technique that represented the MACT 
floor technology; and
    (4) For each subcategory, we then selected production-based or 
percent-reduction emission limits that correspond to the 94th 
percentile kiln and emission reduction technique, and we based our 
selections on the available data while considering variability in the 
performance of a given emission reduction technique.
    To identify the best-performing emission reduction techniques, we 
reviewed available data on pollution prevention techniques (i.e.,, 
substitution of raw materials and/or fuels) and the performance of add-
on control devices. We determined that substitution of raw materials 
and/or fuels is not an option because substitution of raw materials 
and/or fuels could affect the ability of a facility to duplicate its 
current product line. In addition, it is impractical for facilities to 
import, from a distance of more than a few miles, the large amounts of 
raw material that are required (most facilities are located in close 
proximity to their raw material source). With respect to use of low-HAP 
fuels, our available test data for the BSCP industry do not show 
identifiable differences in emissions based on kiln fuel type; that is, 
the contribution of raw materials to HAP emissions far outweighs the 
contribution of the fuels. In addition, fuel type can impact the color 
of a product, and any requirement that would require a kiln to change 
fuel type could cause the kiln to be unable to match an existing 
product line. While we agree that factors other than APCD type can 
affect emissions, we do not have the data to determine the specific 
degree of the effect of factors other than APCD on emissions, and we 
believe that, for the BSCP industry, factors other than APCD use are 
not viable MACT floor or beyond-the-floor control options. Our data 
show that add-on APCD have a large effect on emissions, and further 
show that the presence or absence of an APCD is likely the greatest 
factor in determining a BSCP kiln's actual performance. It follows that 
the subset of BSCP kilns that are the best performers are those with 
add-on APCD. Therefore, our analysis focused on the performance of add-
on control devices.
    Prior to proposal we concluded that the best-performing add-on 
control devices were DIFF, DLS/FF, and WS. Based on the comments 
received following proposal (as discussed elsewhere in this preamble) 
regarding retrofit concerns with these technologies, we now believe 
that DLA are the only currently available technology that can be used 
to retrofit existing large kilns without potentially significant 
impacts on the production process. Thus, DLA are the best-performing 
APCD for existing large tunnel kilns.
    We ranked the kilns within each subcategory according to APCD use. 
Information on the number of kilns and the types of APCD was based 
primarily on responses to a survey of the industry and additional 
information gathered following the survey including public comments on 
the proposed rule. Equipment in use at major sources and synthetic 
minor sources was used in the equipment ranking. In accordance with 
section 112(d)(3)(A) of the CAA, equipment at kilns that achieved LAER 
less than 18 months before proposal was not included in the equipment 
ranking. When we ranked the large tunnel kilns, we treated kilns 
equipped with DLA as the best-controlled sources, although DIFF, DLS/
FF, and WS also can achieve the level of performance of a DLA. We 
ranked the kilns by APCD rather than actual unit-specific emissions 
reductions because we do not have emissions test data for all kilns.

[[Page 26700]]

    Section 112(d)(3) of the CAA specifies that we set standards for 
existing sources that are no less stringent than the average emission 
limitation achieved by the best-performing 12 percent of existing 
sources (for which the Administrator has emissions information) where 
there are 30 or more sources in the category or subcategory. Our 
interpretation of average emission limitation is that it is a measure 
of central tendency, such as the arithmetic mean or the median. If the 
median is used when there are at least 30 sources, then the emission 
level achievable by the source and its APCD that is at the bottom of 
the top 6 percent of the best-performing sources (i.e., the 94th 
percentile) represents the MACT floor control level. We based our MACT 
floors for each BSCP subcategory on this interpretation. Nineteen 
percent (22 of 115) of the existing large tunnel kilns located at 
synthetic minor sources or major sources are controlled by a DLA (12), 
DIFF (4), DLS/FF (4), or WS (2). Because more than 6 percent of the 
large tunnel kilns reduce emissions by some technique, emissions 
reductions from these kilns are required under the CAA. We then 
considered which of these controls are proven to be applicable to 
existing tunnel kilns, and we ranked these kilns to determine the 
appropriate MACT emission limits. We consider the 12 DLA to be 
equivalent and believe that this type of control can be applied to any 
existing large tunnel kiln without causing potentially significant 
production problems. We consider the performance of all of the DLA to 
be equivalent because there currently are two types of DLA in the 
industry (supplied by two manufacturers), and we have test data for 
both designs that show HF removal efficiencies that are within 1 
percent of one another. We excluded DIFF and DLS/FF from our ranking of 
controls for existing sources because of the reported problems caused 
by applying DIFF and DLS/FF to existing kilns. We excluded WS from our 
ranking of controls for existing sources because many facilities do not 
have proven wastewater disposal options. Therefore, we only considered 
DLA in our ranking, and accordingly, the 94th percentile source (the 
7th best-controlled source) is a DLA-controlled kiln. Therefore, the 
MACT floors for existing large tunnel kilns are based on the level of 
control achieved by a DLA. We have DLA outlet test data for 7 of the 12 
existing large DLA-controlled tunnel kilns, and therefore, we are 
confident that our test data are within the best-controlled 6 percent 
of sources. Furthermore, the single best-performing source, based on 
our available DLA outlet data, is one of the three sources for which a 
control efficiency is available.
    Section 112(d)(2) of the CAA dictates how we must establish MACT. 
The MACT can either be established at the MACT floor, or can be some 
control level more stringent than the MACT floor or beyond-the-floor. 
Section 112(d)(2) of the CAA states that:

    Emissions standards promulgated under this subsection and 
applicable to new or existing sources of hazardous air pollutants 
shall require the maximum degree of reduction in emissions of the 
hazardous air pollutants subject to this section (including a 
prohibition on such emissions, where achievable) that the 
Administrator, taking into consideration the cost of achieving such 
emission reduction, and any non-air quality health and environmental 
impacts and energy requirements, determines is achievable for new or 
existing sources in the category or subcategory to which such 
emission standard applies * * *.

Although section 112(d)(3) of the CAA does not allow us to consider 
cost when determining MACT floors, we do consider costs when we examine 
beyond-the-floor control options according to section 112(d)(2) of the 
CAA. We acknowledge the commenters' concerns regarding the cost of the 
proposed standards. We determined that beyond-the-floor control 
measures would not be appropriate for existing large BSCP kilns because 
of retrofit costs arising from technical difficulties in retrofitting 
DIFF, DLS/FF, or WS. Thus, the emission limits for existing large 
tunnel kilns in today's final rule are based on the level of control 
achievable with a DLA.
    It is our goal to set emission standards that reflect the 
performance of the best-controlled sources. Once we identified the 
subset of the best-controlled BSCP sources (i.e., DLA-controlled 
kilns), we used the highest emission level associated with these best 
performers to set the emission standard because it was our intent to 
set emission limits that reflect the performance that the best-
controlled sources continually achieve considering variability. All 
sources, including the best-controlled sources, have variability in 
emissions. For example, data (individual test runs) from two tests 
conducted on one DLA-controlled kiln showed HF control efficiencies 
that ranged from 91.6 percent to 96.4 percent. This variability may 
result from APCD performance, and also could result from uncertainty 
associated with the test methods. Commenters have agreed with our 
approach to setting the production-based emission limits at or slightly 
higher than the highest data point, because this approach accounts for 
variability in the performance of individual sources, variability that 
could exist across the industry, and uncertainty in the test methods 
used to measure emissions. Furthermore, use of the highest emission 
level associated with the best performers prevents sources within the 
best-controlled subset from having to remove their existing APCD and 
replace it with a new one that may or may not achieve slightly better 
performance.
    We believe and intend that a well-operated DLA will achieve the 
emission limits set forth in this rulemaking. However, concerns have 
recently been raised that if high concentrations of sulfur exist in the 
kiln exhaust gas stream, the ability of a well-operated DLA to reduce 
the target acid gas HAP emissions (i.e., HF and HCl) may be 
compromised. The data we have does not suggest that these concerns are 
justified. If the EPA receives information showing that they are, EPA 
will take prompt action to resolve the issue through rulemaking and 
ensure that a facility with a well-operated DLA will be in compliance 
with the rule. The EPA will also work with any affected facilities to 
ensure that they are not subject to inappropriate sanctions before we 
are able to complete such a rulemaking.

D. New Source MACT

    Several commenters disagreed that a large (design capacity equal to 
or greater than 9.07 Mg/hr (10 tph) of fired product) tunnel kiln 
equipped with DIFF, DLS/FF or WS was the best-controlled similar source 
for all new tunnel kilns. The commenters expressed concern that the 
DIFF, DLS/FF or WS controls proposed for all new tunnel kilns have not 
been demonstrated on smaller kilns. The commenters argued that 
emissions from small (e.g., less than 9.07 Mg/hr (10 tph)) and large 
tunnel kilns are different because the required airflow and pollutant 
loading is different. The commenters stated that controls such as DIFF, 
DLS/FF, or WS do not decrease in size or cost for kilns below 9.07 Mg/
hr (10 tph) design capacity. The commenters thought that the proposed 
standards for new tunnel kilns would prevent future construction of and 
upgrades to smaller kilns. The commenters recommended that a throughput 
cutoff be provided for new and reconstructed kilns. One commenter 
suggested that EPA create a size-cutoff for new kilns, where the best-
controlled similar source for smaller new kilns is a DLA-controlled 
kiln, and DLS/FF, DIFF, or WS for the larger

[[Page 26701]]

kilns. One commenter noted the potential of existing kilns triggering 
new source requirements during reconstruction. The commenter requested 
that the ability of small businesses to overhaul existing kilns be 
addressed in the final rule.
    These commenters have addressed several related issues including 
the selection of the best-controlled similar source, differences 
between small and large tunnel kilns, the feasibility of the proposed 
MACT-level controls in controlling emissions from smaller tunnel kilns 
or reconstructed tunnel kilns, and the costs of new controls. In 
responding to these comments, we have re-evaluated our analysis of MACT 
for new and reconstructed tunnel kilns. In the original MACT analysis 
developed for the proposed rule, we recognized the inherent differences 
between small and large tunnel kilns and established a 
subcategorization level of 9.07 Mg/hr (10 tph). The proposed 9.07 Mg/hr 
(10 tph) subcategorization level applied to both existing and new 
tunnel kilns. For new and reconstructed sources, we selected the best-
controlled similar source (DIFF, DLS/FF, WS) that would be applied to 
all new sources regardless of size. In re-evaluating this analysis and 
in light of several comments that described the inherent differences 
and issues with the application of DIFF, DLS/FF, and WS control 
technologies to small tunnel kilns or reconstructed tunnel kilns, we 
have revised MACT for new sources. We also have added language in 40 
CFR 63.8390(i) to provide that it is not technologically and 
economically feasible for two types of existing kilns that would 
otherwise meet the criteria for reconstruction under 40 CFR 63.2 to 
meet the relevant standards--i.e., new source MACT--and that such kilns 
do not fall within the definition of reconstruction and are not subject 
to new source MACT requirements. The two types of kilns are existing 
small kilns that are rebuilt such that they become large kilns and 
existing large DLA-controlled tunnel kilns that are rebuilt. Today's 
final emission limits for those kilns and for new and reconstructed 
small tunnel kilns are based on the performance of DLA control 
technology. The final emission limits for new large tunnel kilns are 
based on the performance of DIFF, DLS/FF, and WS control technology. In 
addition, existing large tunnel kilns equipped with DIFF, DLS/FF or WS 
are reconstructed sources subject to new source MACT requirements if 
they meet the criteria for reconstruction in 40 CFR 63.2. Such kilns 
must continue to meet new source MACT limits, which are based on the 
performance of DIFF, DLS/FF, and WS.
    We agree with the commenters that DIFF, DLS/FF, and WS control 
technologies have not been demonstrated on small kilns. However, we 
believe that the 9.07 Mg/hr (10 tph) size represents the threshold 
where emission control using DIFF, DLS/FF, or WS is technically 
feasible and demonstrated. Smaller kilns have smaller airflow rates 
than larger kilns and any fluctuations in airflow rates can have a 
significant impact on the ability of DIFF, DLS/FF, or WS to operate 
correctly. For new and reconstructed small kilns, the DLA control 
technology has been demonstrated to perform adequately despite the 
lower airflow rates; DLA control systems are not as sensitive to 
airflow changes as DIFF, DLS/FF, or WS control systems. In addition, 
existing small kilns that are rebuilt such that they become large kilns 
and existing large DLA-controlled kilns that are rebuilt would 
experience the same types of retrofit problems that we described for 
existing tunnel kilns, and we believe that such tunnel kilns should be 
subject to requirements that can be met with a DLA. The DIFF, DLS/FF, 
and WS control systems have been demonstrated on new large kilns. 
Therefore, MACT for new and reconstructed large tunnel kilns is based 
on DIFF, DLS/FF, and WS control and is unchanged from proposal. 
Finally, the determination of MACT for new sources at the floor does 
not take the cost of control into consideration.
    Our revised standards for new and reconstructed small tunnel kilns, 
existing small kilns that are rebuilt such that they become large 
kilns, and existing large DLA-controlled kilns that are rebuilt are 
based on the use of a DLA, which is considerably less expensive than 
the other MACT controls. The revised standards should minimize the 
commenters' concerns over the costs of reconstructing older kilns.

E. Cost and Economic Impacts

    Numerous comments were received regarding costs of the proposed 
rule. Commenters contended that EPA did not consider the full costs of 
the rule (e.g., costs associated with problems retrofitting existing 
kilns). In general, commenters indicated that the economic impacts to 
brick industry would be severe. Several commenters pointed out that the 
brick industry is losing market share to cheaper building materials 
(e.g., vinyl) that are more detrimental to the environment. The 
commenters stated that the proposed rule would have a negative effect 
on the future of many small businesses and the communities where they 
are located. The commenters expressed concern that the proposed rule 
would limit the opportunity for continued operation or expansion of 
brick plants throughout the U.S. The commenters noted that increased 
production costs would increase brick prices, causing brick to become 
less competitive with other materials and brick imports to rise, 
putting small U.S. companies out of business. Several commenters stated 
that the costs of the rule as proposed would prevent their company from 
ever replacing, performing a major repair on, or upgrading their 
existing kiln. Some commenters stated that the rule as proposed would 
eventually cause their company to go out of business. Some commenters 
added that they live in an economically depressed area and other jobs 
are not readily available.
    One commenter disagreed with the Administrator's certification that 
the proposed rule would not create a significant impact on a 
substantial number of small entities. The commenter submitted an 
Economic Impacts Analysis (EIA). The commenter calculated and presented 
the Sales Test, Cash Flow Test, and Profit Test criteria which the 
commenter believes shows a greater number of small businesses at risk 
than does EPA's EIA. In addition, the commenter provided several 
specific comments on EPA's EIA. The commenter argued that the rule as 
proposed is a significant rulemaking per Executive Order (E.O.) 12866. 
A few commenters provided specific comments on the monitoring, 
reporting, and recordkeeping costs in the Office of Management and 
Budget (OMB) 83-I form and supporting statement.
    Commenters also questioned the environmental benefits of the BSCP 
rule as proposed. One commenter questioned why the BSCP rule is 
necessary if brick manufacturing emissions are not causing public 
health problems or adverse environmental effects. Another commenter 
argued that there is no epidemiological evidence that anyone in North 
America has been harmed by brick plant HF emissions and that cancer 
incidence in brick plant workers is not higher than for the general 
population.
    As previously mentioned in this preamble, section 112(b) of the CAA 
contains a list of HAP identified by Congress and authorizes EPA to add 
to that list pollutants that present or may present a threat of adverse 
effects to human health or the environment. Section 112(c) of the CAA 
requires us to list all categories and subcategories of major and area 
sources of HAP and to

[[Page 26702]]

establish NESHAP for the listed source categories and subcategories 
under section 112(d) of the CAA. Because BSCP manufacturing is a listed 
source category containing major sources of HAP, we are required by the 
CAA to establish NESHAP for BSCP manufacturing.
    As stated previously, MACT can either be established at the MACT 
floor, or can be some control level more stringent than the MACT floor 
or beyond the floor. Section 112(d)(3) of the CAA does not allow us to 
consider cost when determining MACT floors. We are only allowed to 
consider costs when we examine beyond-the-floor control options 
according to section 112(d)(2) of the CAA. We acknowledge the 
commenters' concerns regarding the cost of the proposed rule. At 
proposal, we determined that beyond-the-floor control measures would 
not be appropriate for the BSCP industry, in part because of costs.
    Following proposal, we reevaluated the MACT floors for existing 
tunnel kilns and have revised the standards to incorporate use of DLA 
on existing large tunnel kilns. We also revised the MACT standards for 
new and reconstructed small tunnel kilns, existing small kilns that are 
rebuilt such that they become large kilns, and existing large DLA-
controlled tunnel kilns that are rebuilt such that the standards are 
based on the level of performance that can be achieved by a DLA. (MACT 
requirements for existing small tunnel kilns and new and reconstructed 
large tunnel kilns remain unchanged.) We continue to agree that beyond-
the-floor control measures are not warranted for the BSCP industry. The 
revised MACT standards for new and reconstructed small tunnel kilns, 
existing small kilns that are rebuilt such that they become large 
kilns, and existing large DLA-controlled kilns that are rebuilt are the 
same as the revised standards for existing large tunnel kilns. These 
revised standards are less costly and should reduce concerns regarding 
cost of retrofitting or rebuilding existing kilns and starting up new 
small kilns. Environmental benefits of today's final BSCP rule are 
discussed later in this preamble.
    EPA reviewed the economic impact analysis report submitted by the 
commenter. We have revised our EIA to identify additional small 
businesses affected by the rule. We have also incorporated the lower 
revised cost estimates into the EIA. Impacts on small businesses are 
considerably lower in the revised analysis and prices are predicted to 
rise by less than one percent on average. The results of our revised 
EIA, as well as a discussion of the impact of today's final rule on 
small businesses, are presented later in this preamble.
    Comments on the costs of monitoring, reporting, and recordkeeping 
were incorporated into the revised OMB 83-I form and supporting 
statement as appropriate. A discussion of the OMB 83-I form and 
supporting statement prepared in compliance with the Paperwork 
Reduction Act is presented later in this preamble.

F. Test Data and Emission Limits

1. HF and HCl Emission Limits
    Commenters stated that the test data EPA used to set the HF and HCl 
limits are questionable. An independent consultant, hired by the BSCP 
industry, reviewed the data and determined that six of the seven test 
runs used the wrong filter media. A glass filter media was used instead 
of a Teflon filter. The commenter suggested that, as a result, the data 
could be biased. One commenter also charged that EPA removed high test 
runs without any technical basis even though all of these runs met the 
same quality control (QC) criteria as other runs. Finally, one 
commenter stated that EPA's use of both HF and total fluorides (TF) 
data to develop the average uncontrolled HF emission factor (which was 
used in developing the HF emission limit) was unsupported, and the 
commenter believes that EPA should use only the HF test data because HF 
is the regulated pollutant.
    We have reviewed the emission tests mentioned by the commenter and 
agree that there are some problems with most of the available test 
data, and we have accounted for any potential bias by revising the 
emission limits. In consultation with EPA's Emission Measurement Center 
(EMC), we used a conservative approach to determine the possible impact 
of the bias on the percent reduction emission limits. The analysis 
showed that our available percent reduction data could be as much as 
about 5 percent high, and we, therefore, decreased the corresponding HF 
and HCl percent reduction requirements by 5 percent and adjusted the 
corresponding production-based emission limits accordingly. In response 
to the commenter's assertion that we dropped two test runs without a 
technical reason, we examined the test runs in question and 
incorporated one of the two runs back into the data set used for 
developing the standards. Finally, in response to the appropriateness 
of using TF data in calculating the average HF emission factor, while 
the average of the TF and HF data sets suggest that TF and HF 
measurements are similar, we recognize the inconsistencies between the 
few available side-by-side HF and TF tests and we, therefore, decided 
to remove the TF data from the HF emission factor calculation. Based on 
the three issues discussed above, we revised the emission limits for 
kilns where MACT is based on use of DIFF, DLS/FF, or WS (i.e., for new 
large kilns). Today's final rule requires new large kilns to limit HF 
emissions to 0.029 kilograms per megagram (kg/Mg) (0.057 pounds per ton 
(lb/ton)) of fired product or reduce HF emissions by 90 percent; and 
limit HCl emissions to 0.028 kg/Mg (0.056 lb/ton) or reduce HCl 
emissions by 85 percent.
    The revised HF and HCl emission limits for existing large tunnel 
kilns, new and reconstructed small tunnel kilns, existing small kilns 
that are rebuilt such that they become large kilns, and existing large 
DLA-controlled tunnel kilns that are rebuilt are based on the use of a 
DLA for HAP reduction. Two HF emission tests (both conducted on the 
same source) and two total fluorides emission test are available for 
DLA-controlled kilns, and the tests showed HF or TF control 
efficiencies of 92.3 percent (HF), 96.4 percent (HF), 93.3 percent 
(TF), and 93.5 percent (TF). Similar to the DIFF and DLS/FF tests, we 
identified problems with the two HF emission tests that could have 
biased the control efficiencies high. To account for this uncertain 
bias, and considering typical vendor guarantees for DLA systems 
(vendors will guarantee 90 percent HF reduction unless a lesser 
percentage meets the customer's need, in which case the vendors 
typically provide lower guarantees), we selected a percent reduction 
emission limit of 90 percent for HF. We applied this 90 percent 
reduction to the revised average HF emission factor of 0.29 kg/Mg (0.57 
lb/ton) to calculate a production-based HF emission limit of 0.029 kg/
Mg (0.057 lb/ton). Control efficiency data for HCl are available from 
two tests on a single DLA-controlled kiln. The tests averaged 30.7 
percent control, and we selected a percent reduction HCl emission limit 
of 30 percent. We applied this 30 percent reduction to the average HCl 
emission factor of 0.19 kg/Mg (0.37 lb/ton) to calculate a production-
based HCl emission limit of 0.13 kg/Mg (0.26 lb/ton).
    Percent of HAP metals in PM. Several commenters noted that HAP 
metals and PM data from four facilities (0.16 percent, 0.99 percent, 
2.8 percent, and 4.5 percent) were used to arrive at 1.9 percent of the 
PM is PM HAP. The

[[Page 26703]]

commenters stated that EPA included an invalid, high data point for 
manganese in developing the percentage of PM that is PM HAP. We have 
examined the test run mentioned by the commenters and agree that the 
run should be voided. Our revised analyses now indicate that the 
overall percentage of PM that is HAP metals is 0.72 percent.
    PM limit. Other commenters argued that a PM limit for brick kilns 
is unnecessary. One commenter noted that metals occur naturally in 
clays or shales used to make bricks and that PM emissions from BSCP 
plants are clay dust. The commenter argued that metals are locked into 
the structure of the clay dust and are not bio-available to affect 
humans through respiratory adsorption, ingestion, or dermal contact. 
Some commenters noted that there is limited information on the amount 
of HAP metals in the PM emitted. Commenters pointed out that EPA is not 
setting a PM limit for clay refractory kilns. Some commenters disagreed 
that PM is an adequate surrogate for HAP metals emissions. Commenters 
also requested that a percent reduction alternative be allowed for the 
PM standard, similar to the percent reduction limits for HF and HCl.
    We agree that PM emitted from BSCP facilities is largely clay dust, 
and that metals are naturally occurring in clays and shales used to 
make bricks. Many BSCP facilities apply surface coatings or body 
additives containing HAP metals to their products, and these coatings 
are another potential source of HAP metals emissions. These types of 
additives and coatings are not used in the manufacture of clay 
refractories.
    We have four emission tests for HAP metals from tunnel kilns and 
all of these tests measured some level of HAP metals emissions 
including emissions of antimony, arsenic, beryllium, cadmium, chromium, 
cobalt, mercury, manganese, nickel, lead, and selenium. Based on these 
data, we believe that all kilns emit some level of HAP metals and, 
therefore, we are regulating HAP metals emissions. Test data for HAP 
metals are not available for clay refractories kilns.
    We are unaware of any information to support the idea that the HAP 
metals are locked into the structure of the clay and are not bio-
available to affect humans. In the absence of such information and in 
the interest of protecting public health, we assume conservatively that 
the HAP metals are bio-available and could affect human health. This 
assumption is consistent with the conservative approach embodied in the 
CAA section 112(b)(2) directive that EPA add pollutants to the 
statutory list of HAP that ``may'' present adverse risks to human 
health and the environment through various exposure routes.
    We used PM as a surrogate for HAP metals so that individual 
emission limits would not be based on the limited and variable data. We 
examined the available HAP metals test data and calculated that about 
95 percent of the HAP metals emissions are in particulate form. 
Furthermore, the types of control technologies used on BSCP kilns 
remove PM and would indiscriminately remove particulate HAP metals. The 
United States Court of Appeals for the District of Columbia Circuit 
stated in a December 15, 2000 decision (in response to the National 
Lime Association (NLA) challenge of the use of PM as a surrogate for 
HAP metals), ``if HAP metals are invariably present in cement kiln PM, 
then even if the ratio of metals to PM is small and variable, or simply 
unknown, PM is a reasonable surrogate for the metals--assuming * * * 
that PM control technology indiscriminately captures HAP metals along 
with other particulates.'' Our use of PM as a surrogate for HAP metals 
in the final BSCP rule is consistent with this decision.
    We typically do not include percent reduction as an alternative for 
PM because a percent reduction standard rewards those facilities that 
have high inlet PM loadings. We believe that this is different from the 
percent reduction standards for HF and HCl because facilities do not 
typically have options for reducing the uncontrolled levels of HF or 
HCl. Therefore, we are not providing an alternative percent reduction 
standard for PM.
    The revised PM emission limit for existing large tunnel kilns, new 
and reconstructed small tunnel kilns, existing small kilns that are 
rebuilt such that they become large kilns, and existing large DLA-
controlled tunnel kilns that are rebuilt is based on the use of a DLA. 
Data from four tests conducted at the outlets of DLA were available for 
establishing a production-based emission limit, and we selected the 
highest PM data point as the emission limit in order to account for 
variability. Today's final rule contains a PM emission limit of 0.21 
kg/Mg (0.42 lb/ton) of fired product for existing large tunnel kilns, 
new and reconstructed small tunnel kilns, existing small kilns that are 
rebuilt such that they become large kilns, and existing large DLA-
controlled tunnel kilns that are rebuilt. The PM emission limit for new 
and reconstructed large tunnel kilns is unchanged from proposal (0.060 
kg/Mg (0.12 lb/ton) of fired product).

G. Monitoring Requirements

    Numerous comments were received on the proposed monitoring 
requirements. Some commenters felt that the monitoring, reporting, and 
recordkeeping requirements were unreasonable. Commenters noted that the 
monitoring requirements would require additional and higher skilled 
personnel.
    Under section 114(a)(3) of the CAA, owners or operators of major 
sources are required to conduct enhanced monitoring of affected sources 
to ensure compliance with applicable emission standards. In response to 
this mandate, we have incorporated continuous compliance requirements 
into all part 63 standards, generally in the form of continuous 
emissions monitoring or continuous parameter monitoring. We believe 
that continuous monitoring is needed to ensure that emission controls 
are operated properly. However, 40 CFR 63.8(f) allows owners and 
operators of affected sources to request approval for alternative 
monitoring procedures to demonstrate compliance with emission 
limitations.
    Although we have eliminated some of the proposed monitoring 
requirements (such as fabric filter inlet temperature monitoring) from 
today's final rule, we have retained most of the proposed monitoring 
requirements. We believe that those monitoring requirements are the 
minimum needed to ensure continuous compliance with the emission 
limits.
1. Operation, Maintenance, and Monitoring (OM&M) Plan
    Some commenters felt that development of an OM&M plan was overly 
burdensome. One commenter thought the requirement to include OM&M 
procedures for kiln operation was unjustified. Another commenter noted 
possible contradictions of OM&M plan requirements and Table 7 of the 
proposed BSCP rule (the table showing applicability of the General 
Provisions to part 63).
    After reviewing these comments, we decided that OM&M plans do not 
have to include procedures for monitoring the operation and maintenance 
of tunnel kilns, and we have written the final rule accordingly. 
However, we continue to believe that site-specific OM&M plans are 
necessary to ensure continued proper operation of any control device 
that is used to comply with the final rule.
    Regarding the apparent contradictions between 40 CFR 63.8425(b)(8) 
through (10) and Table 7 of the proposed rule, we did not cite the 
General Provisions

[[Page 26704]]

to part A in the proposed 40 CFR 63.8425 (b)(8) through (10), but 
specified that OM&M plans must include operation and maintenance, 
quality assurance, and reporting and recordkeeping procedures that are 
consistent with the General Provisions. Therefore, we believe there is 
no contradiction between 40 CFR 63.8425 (b)(8) through (10) and Table 7 
of the proposed rule. However, we did clarify in Table 7 of the final 
rule that 40 CFR 63.8(c)(4) does not apply to subpart JJJJJ because 40 
CFR 63.8425 and 63.8465 specify the requirements for continuous 
monitoring systems (CMS).
    Some commenters requested clarification on whether OM&M plans (and 
startup, shutdown, and malfunction plans (SSMP)) are required for kilns 
that would not be subject to control requirements (e.g., existing small 
tunnel kilns). Another commenter questioned if an OM&M plan would be 
required if compliance is achieved without a control device. The BSCP 
NESHAP applies only to affected sources. Under today's final rule, an 
existing small tunnel kiln is not an affected source. Therefore, the 
requirements for OM&M plans, SSMP, and other monitoring, notification, 
reporting, and recordkeeping requirements do not apply to those kilns. 
Owners or operators will be required to prepare an OM&M plan and SSMP 
for any kiln that is an affected source even if the kiln can meet the 
emission limits without the use of a control device.
2. Bag Leak Detectors
    Commenters indicated that bag leak detectors are unnecessary, 
overly protective, and maintenance intensive. The commenters noted that 
bag failure is noticeable because PM emissions would be visible at the 
stack. Several commenters requested that opacity or visible emissions 
(VE) determinations be allowed as opposed to bag leak detectors.
    We agree with the commenters that periodic VE checks should provide 
a reasonable alternative to bag leak detectors, and we have written the 
final rule accordingly. In today's final rule, owners and operators of 
affected kilns that are controlled with a DLS/FF or DIFF can choose 
between installing a bag leak detection system or performing daily VE 
checks. Today's final rule also includes a provision for decreasing the 
frequency of VE checks provided no VE are observed.
3. Water Injection Rate Monitoring on DLS/FF
    Three commenters stated that DLS/FF water injection rate monitoring 
has nothing to do with HF or HCl removal (but is important for sulfur 
dioxide (SO2) removal) and recommended that the provision 
for monitoring DLS/FF water injection rate be eliminated.
    After reviewing the available information, we decided to eliminate 
the requirement for water injection rate monitoring on affected DLS/FF-
controlled kilns. Water injection is used to enhance the removal of 
SO2 by a DLS/FF, but has little effect on removal of HF and 
HCl.
4. Fabric Filter Inlet Temperature
    Several commenters recommended that the requirement to monitor 
fabric filter inlet temperature be eliminated from the rule as 
proposed. The commenters explained that it would be impractical to hold 
the fabric filter inlet temperature to within 25 degrees below the 
average established during the performance test. The fabric filter 
inlet temperature varies frequently, much more than 25 degrees, because 
of many process factors. Other commenters noted that fabric filter 
inlet temperature has little relevancy to acid gas control. One 
commenter stated that control systems using hydrated lime are generally 
known to have increased HCl and HF removal when temperatures increase.
    As a result of these comments, we have eliminated the requirement 
for monitoring fabric filter inlet temperatures on affected kilns that 
are controlled with a DLS/FF or DIFF. We believe that the other 
monitoring requirements (e.g., lime feed rate monitoring and periodic 
VE checks) that we have incorporated into the final rule are adequate 
for ensuring continuous compliance with the emission limits.
5. DLA Parameter Monitoring
    Many commenters suggested potential parametric monitoring 
requirements for DLA that could be used to demonstrate continuous 
compliance. Various commenters suggested documenting use, on a 
continuous basis, of the same limestone that was used during the 
performance test demonstrating compliance. Other suggestions included 
monitoring pressure drop (demonstrating airflow); limestone flow; and 
inlet and/or exhaust gas temperature.
    We have incorporated parameter monitoring requirements for DLA into 
the final rule based on information provided by commenters and a recent 
site visit to a facility operating a DLA. Today's final rule will 
require owners and operators of affected kilns with DLA to continuously 
monitor the pressure drop across the DLA; perform a daily visual check 
of the limestone hopper and storage bin (located at the top of the 
DLA), and record the limestone feeder setting daily; and perform 
periodic VE observations. In addition, owners and operators will 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.
6. Continuous Emission Monitoring Systems
    In the preamble to the proposed rule, we requested comment on 
requiring the application of PM continuous emission monitoring systems 
(CEMS) as a method to assure continuous compliance with the proposed PM 
emission limits for BSCP tunnel kilns. While we believe there is 
evidence that PM CEMS should work on BSCP tunnel kilns, we received no 
comments in support of requiring PM CEMS. Commenters opposed use of 
CEMS when less expensive, but effective, parametric monitoring 
alternatives are available. Therefore, today's final rule does not 
require use of PM CEMS or any other type of CEMS. We believe that the 
parameter monitoring requirements specified in the final rule are 
adequate for ensuring continuous compliance.
7. Establishing/Re-Establishing Production Rate
    Several commenters requested that the process weight threshold be 
based on average annual throughput instead of hourly or monthly 
throughput. One commenter pointed out that the nature of brick 
production does not allow for spikes in emissions. Several commenters 
stated that the averaging period used to determine the MACT floor 
applicability to existing tunnel kilns must have the same production 
averaging basis as the data used in setting the subcategorization 
level. The commenters stated that it is not reasonable to base the 
standard on a 12-month averaging period and then enforce the floor on 
an instantaneous or 30-day rolling averaging period.
    One commenter requested clarification as to whether EPA would 
require a retest if the maximum production level of a kiln would be 
higher than the level observed during the performance test. The 
commenter added that several States recognize that capacity and maximum 
production are difficult figures to calculate for a brick kiln because 
they are highly dependent

[[Page 26705]]

on the specific characteristics of a product (size, percent void).
    We agree with the commenters that a kiln's process weight threshold 
(e.g., design capacity level) should be based on average annual tonnage 
rather than on the proposed 30-day rolling average. We have revised the 
final BSCP rule accordingly to require the ton per hour production 
capacity of a kiln to be calculated based on the maximum amount of BSCP 
(in tons) that can be produced in a 12-month period divided by 8,760 
hours per year.
    Regarding the question of whether we will require a retest if the 
maximum production level of a kiln is higher than the level observed 
during the performance test, a retest will be required because an 
increase in production is likely to increase emissions, and the 
operating limits that are based on the performance test would no longer 
demonstrate continuous compliance with the emission limits.
8. Test Methods
    One commenter requested that we allow any of the applicable EPA 
Method 5 variations to demonstrate compliance with the PM standard. The 
commenter pointed out that a facility with high SO2 could 
reduce the potential for SO2 to be counted as PM by using 
EPA Method 5B. We are not including EPA Method 5B as a test method 
because our emission limit is based on EPA Method 5 and includes tests 
on sources with high SO2 emissions. Individual facilities 
will have the option of requesting an alternative test method.
    One commenter on the proposed clay ceramics rule requested that the 
final rule provide facilities with the option to use either EPA Method 
26A or EPA Method 320 for all required stack testing for HF and HCl. 
This comment applies for both BSCP and clay ceramics. Therefore, we 
have modified today's final BSCP rule to include EPA Method 320 as an 
alternative to EPA Method 26A.

H. Startup, Shutdown, and Malfunction

1. APCD Bypass
    Several commenters stated that the BSCP rule, as proposed, would 
not allow the kiln control device to be bypassed at any time. Various 
commenters stated that the proposed MACT controls (DIFF, DLS/FF, or WS) 
must maintain a given flow to perform efficiently. Thus, the APCD would 
dictate how the kiln is operated. During initial kiln startup or 
subsequent kiln startups or shutdowns, airflow temperatures and volumes 
would be below APCD design volumes. The heat from the furnace zone 
could damage the kiln walls and cars if not vented. Therefore, the 
ability to bypass during startups, routine maintenance, and emergency 
shutdowns of the APCD is needed.
    Several commenters noted that brick kilns are constant flow devices 
that cannot just be turned off without detrimental impact to large 
volumes of product (e.g., character, color, and quality of brick) and 
the kiln itself. The commenters stated that days to weeks may be needed 
to properly shut down a brick kiln. One commenter noted that kilns 
operate continuously 2 to 3 years before being shut down for routine 
maintenance.
    Commenters stated that short periods of bypass are necessary to 
conduct routine preventive maintenance inspections of APCD. Commenters 
pointed out that the control devices currently employed have and use 
bypass capability for routine maintenance and emergency repairs.
    We generally agree with the commenters that some provision is 
needed to allow the control device on tunnel kilns to be bypassed for 
routine maintenance of the control device, and we have revised the rule 
accordingly. Under 40 CFR 63.8420(e) of today's final rule, owners and 
operators of an affected tunnel kiln can bypass the kiln control device 
for a cumulative period of up to 4 percent of the annual operating 
hours for the kiln. Based on the data and other information submitted 
by commenters on the proposed rule, we believe that the amount of time 
equating to 4 percent of annual kiln operating hours is adequate for 
completing routine maintenance on the types of controls that are likely 
to be used to comply with the BSCP NESHAP.
    To comply with this bypass provision, owners or operators must 
submit a request to us for a routine control device maintenance 
exemption. The request must justify the need for the routine 
maintenance on the control device and the time required to complete the 
maintenance activities. The request also must describe the maintenance 
activities and the frequency of the maintenance activities, explain why 
the maintenance cannot be accomplished during kiln shutdowns, and 
describe how emissions will be minimized during the period when the 
kiln is operating and the control device is offline. Upon approval, the 
request for exemption must be incorporated by reference in, and 
attached to, the affected source's title V permit. During any period 
when the kiln is operating and the kiln control device is offline, the 
owner or operator must minimize HAP emissions. The duration of such 
periods also must be minimized.
    We also note that the bypass provision included in today's final 
rule does not apply to startups, shutdowns, or malfunctions. 40 CFR 
63.6(f)(1) explicitly states that nonopacity emission standards, such 
as the proposed emission limits for HF, HCl, and PM, ``* * * apply at 
all times except during periods of startup, shutdown, and malfunction * 
* *'' Startups, shutdowns, and malfunctions must be addressed in a 
facility's SSMP.
2. Initial Startup
    Commenters stated that it is impractical to meet emission standards 
during initial startup of a tunnel kiln. The commenters indicated that 
it can take from weeks to a year to bring new BSCP kilns online. In 
addition, APCD such as DIFF, DLS/FF, or WS cannot be brought online 
until adequate temperature and airflow ranges are met. The commenters 
indicated that roughly 75 percent of design gas flow rate or kiln 
production rate must be obtained before a DIFF or DLS/FF could begin to 
operate properly. Another commenter stated that the proposed initial 
testing deadline (180 days following the compliance date) would not 
provide enough time for a new kiln to come up-to-speed.
    We recognize that an extended period of time may be needed for the 
initial startup of a new kiln and have added a definition of initial 
startup to the BSCP final rule to address the concerns expressed by the 
commenters. The definition differentiates between DLA-controlled kilns 
and DIFF-, DLS/FF-, or WS-controlled kilns, because DLA are not 
sensitive to airflow and only require that the kiln gases are hot 
enough to avoid condensation in the DLA. Avoiding condensation is 
necessary because water and calcium carbonate (limestone) combine to 
make cement, and any introduction of water in the DLA reaction chamber 
could cause the limestone to be cemented together. In the final rule, 
we provided the following definition: ``Initial startup'' means: (1) 
For a new or reconstructed tunnel kiln controlled with a DLA, and for a 
tunnel kiln that would be considered reconstructed but for 40 CFR 
63.8390(i)(1) or 40 CFR 63.8390(i)(2), the time at which the 
temperature in the kiln first reaches 260 [deg]C (500 [deg]F) and the 
kiln contains product; or (2) for a new or reconstructed tunnel kiln 
controlled with a DIFF, DLS/FF, or WS, the time at which the kiln first 
reaches a level of production that is equal to 75 percent of the kiln 
design capacity or 12 months

[[Page 26706]]

after the affected source begins firing BSCP, whichever is earlier. 
Although some commenters suggested that initial startup for DIFF-, DLS/
FF-, and WS-controlled kilns be defined in terms of airflow, we defined 
initial startup in terms of production rate for DIFF-, DLS/FF-, and WS-
controlled kilns because the final rule requires owners and operators 
of affected sources to monitor production rate, whereas flowrate 
monitoring is not required under today's final rule. We included the 
stipulation for DIFF-, DLS/FF-, and WS-controlled kilns that initial 
startup occurs no later than 12 months after the new kiln begins firing 
BSCP to prevent facilities from operating an affected new or 
reconstructed kiln at just less than 75 percent of the kiln design 
capacity long term to circumvent the final rule. A similar stipulation 
is not necessary for DLA-controlled kilns because the kiln temperature 
requirement is such that the kiln cannot produce BSCP until well after 
the temperature is reached.
    By defining initial startup in today's final rule, we also have 
clarified the compliance date for new and reconstructed sources, which 
is specified in terms of the initial startup. Thus, new and 
reconstructed DIFF-, DLS/FF-, and WS-controlled tunnel kilns beginning 
operation after the promulgation date will be allowed to reach 75 
percent of the kiln design capacity before initial startup is triggered 
and the APCD must come online. New and reconstructed DLA-controlled 
tunnel kilns, and tunnel kilns that would be considered reconstructed 
but for 40 CFR 63.8390(i)(1) or 40 CFR 63.8390(i)(2), beginning 
operation after the promulgation date will trigger initial startup when 
the temperature in the kiln first reaches 260[deg]C (500[deg]F) and the 
kiln contains product. Performance testing is required 180 days 
following the compliance date (i.e., 180 days following initial 
startup). Facilities wishing to conduct performance testing to 
determine the level of air pollution control necessary may conduct such 
testing prior to achieving initial startup.
3. Startup
    Two commenters expressed concern with how startup is defined with 
respect to the proposed rule. The commenters stated that, under the 
proposed rule, a kiln could be considered to be operating if only one 
burner was operating. However, a kiln could have as many as 100 burners 
or more. To clarify what constitutes kiln startup we added to today's 
final rule a definition of ``startup'' that incorporates ``starting the 
production process.''
4. Deviations
    One commenter felt that the requirement of reporting emissions as 
deviations during startup, shutdown, or malfunction (SSM) is 
inappropriate because facilities are not required to be in compliance 
with the emission limitations during SSM. Another commenter requested 
that EPA make it clear the deviations are not necessarily an indication 
of noncompliance or excess emissions.
    The term deviation applies to events during which an affected 
source fails to meet an emission limitation or comply with another 
requirement of the final rule. Deviations are not synonymous with 
violations; depending on the circumstances, a deviation may or may not 
be a violation of an applicable requirement. We agree with the 
commenter that an affected source need not be in compliance with 
emission limits during periods of SSM. Although we consider non-
compliance with emission limits during startup, shutdown, and 
malfunction to be deviations from the emission limits, we do not 
consider these deviations to be violations of the emission limits. 40 
CFR 63.7(e)(1) specifies that, ``Operations during periods of startup, 
shutdown, and malfunction shall not constitute representative 
conditions for the purpose of a performance test, nor shall emissions 
in excess of the level of the relevant standard during periods of 
startup, shutdown, and malfunction be considered a violation of the 
relevant standard unless otherwise specified in the relevant standard 
or a determination of noncompliance is made under 40 CFR 63.6(e).'' As 
indicated in Table 7 of the final rule, this language of the general 
provisions to part 63 does apply to subpart JJJJJ. The definition of 
deviation included in today's final rule is consistent with how 
deviation is defined in other NESHAP, and has not been changed since 
proposal.

I. Risk-Based Approaches

    The preamble to the proposed BSCP rule requested comment on whether 
there might be further ways to structure the BSCP rule to focus on the 
facilities which pose significant risks and avoid the imposition of 
high costs on facilities that pose little risk to public health and the 
environment. Specifically, we requested comment on the technical and 
legal viability of two risk-based approaches: (1) An applicability 
cutoff for threshold pollutants under the authority of CAA section 
112(d)(4); and (2) subcategorization and delisting under the authority 
of CAA sections 112(c)(1) and 112(c)(9).\3\ We indicated that we would 
evaluate all comments before determining whether either approach would 
be included in the final BSCP rule. Numerous commenters submitted 
detailed comments on these risk-based approaches. These comments are 
summarized in the BSCP Response-to-Comments document (see SUPPLEMENTARY 
INFORMATION section).
---------------------------------------------------------------------------

    \3\ See 68 FR 1276 (January 9, 2003) (Plywood and Composite Wood 
Products Proposed NESHAP) and docket number A-98-44, Item No. II-D-
525 (White papers submitted to EPA outlining the risk-based 
approaches).
---------------------------------------------------------------------------

    Based on our consideration of the comments received and other 
factors, we have decided not to include the risk-based approaches in 
today's final BSCP rule. The risk-based approaches described in the 
proposed BSCP rule and addressed in the comments we received raise a 
number of complex issues. In addition, we are under time pressure to 
complete the BSCP rule, because the statutory deadline for promulgation 
has passed and a deadline suit has been filed against EPA. (See Sierra 
Club v. Whitman, Civil Action No. 1:01CV01537 (D.D.C.).) Given the 
range of issues raised by the risk-based approaches and the need to 
promulgate a final rule expeditiously, we believe that it is 
appropriate not to include any risk-based approaches in today's final 
BSCP rule. Nonetheless, we expect to continue to consider risk-based 
approaches in connection with other proposed NESHAP where we have 
described and solicited comment on such approaches. Finally, while we 
are not including risk-based approaches in today's final BSCP rule, we 
have included a number of other measures that we expect will reduce the 
costs and burdens on the affected sources.

III. Summary of the Final Brick and Structural Clay Products 
Manufacturing NESHAP

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

    Today's final rule for BSCP manufacturing applies to BSCP 
manufacturing facilities that are, are located at, or are part of, a 
major source of HAP emissions. The BSCP manufacturing source category 
includes those facilities that manufacture brick (including, but not 
limited to, face brick, structural brick, and brick pavers); clay pipe; 
roof tile; extruded floor and wall tile; and/or other extruded, 
dimensional clay products. Brick and structural clay products primarily 
are produced from common clay and shale. Production of BSCP typically 
consists of processing and handling the raw materials, forming

[[Page 26707]]

and cutting bricks and shapes, and drying and firing the bricks and 
shapes. One by-product of brick manufacturing is crushed brick, which 
is produced at some facilities by crushing reject bricks.
    There are a total of 189 domestic BSCP manufacturing facilities; 
170 of these facilities primarily produce brick, and 19 of these 
facilities primarily produce structural clay products. The 189 BSCP 
manufacturing facilities are located in 39 States and are owned by 89 
companies. Seventy-six of the companies are small businesses, and these 
76 companies own 92 of the BSCP manufacturing facilities. Thirteen of 
the companies are large businesses, and these 13 companies own 97 BSCP 
manufacturing facilities.
    All BSCP are fired either in continuous (tunnel or roller) or batch 
(periodic) kilns. Because the vast majority of continuous kilns are 
tunnel kilns, continuous kilns, including roller kilns, will be 
referred to as tunnel kilns for the remainder of this preamble. A total 
of 314 permitted and operable tunnel kilns were reported by industry; 
302 of these kilns are located at facilities that are estimated, based 
on uncontrolled emissions, to be major sources. Of the 302 tunnel kilns 
located at major sources, 275 are located at brick manufacturing 
facilities and 27 are located at structural clay products manufacturing 
facilities. A total of 227 permitted and operable periodic kilns were 
reported by industry; 164 of these kilns are located at facilities that 
are estimated to be major sources. Of the 164 periodic kilns located at 
major sources, 81 are located at brick manufacturing facilities and 83 
are located at structural clay products manufacturing facilities.
    The primary HAP emissions sources at BSCP manufacturing plants are 
tunnel kilns and periodic kilns, which emit HF, HCl, and HAP metals. 
Kilns also emit PM and SO2. Other sources of HAP emissions 
at BSCP manufacturing plants are the raw material processing and 
handling equipment. The APCD that are used by the industry to control 
emissions from kilns include DIFF, DLS/FF, DLA, WS, and fabric filters.

B. What Are the Affected Sources?

    The existing affected source, which is the portion of each source 
in the category for which we are setting emission standards, is any 
existing large tunnel kiln. Large tunnel kilns have a design capacity 
equal to or greater than 9.07 Mg/hr (10 tph) of fired product. Such 
tunnel kilns may be fired by natural gas or other fuels, including 
sawdust. Sawdust firing typically involves the use of a sawdust dryer 
because sawdust typically is purchased wet and needs to be dried before 
it can be used as fuel. Consequently, some sawdust-fired tunnel kilns 
have two process streams, including: A process stream that exhausts 
directly to the atmosphere or to an APCD, and a process stream in which 
the kiln exhaust is ducted to a sawdust dryer where it is used to dry 
sawdust before being emitted to the atmosphere.
    Today's final rule focuses on those process streams from existing 
large tunnel kilns that exhaust directly to the atmosphere or to an 
APCD. For existing large tunnel kilns that do not have sawdust dryers, 
the kiln exhaust process stream (i.e., the only process stream) is 
subject to the requirements of today's final rule. In accordance with 
CAA section 112(d)(1), we have divided tunnel kilns that duct exhaust 
to sawdust dryers into two classes for purposes of regulation. For 
existing large tunnel kilns that ducted exhaust to sawdust dryers prior 
to July 22, 2002, only the process stream that is emitted directly to 
the atmosphere or to an APCD is subject to the requirements of today's 
final rule; any process stream from such kilns that is ducted to a 
sawdust dryer is not subject to those requirements.
    By contrast, for existing large tunnel kilns that first duct 
exhaust to sawdust dryers on or after July 22, 2002, all of the exhaust 
(i.e., both the process stream that is emitted directly to the 
atmosphere or to an APCD and the process stream that is ducted to a 
sawdust dryer) is subject to the same level of control requirement as a 
new tunnel kiln.
    In addition, each new or reconstructed tunnel kiln is an affected 
source and all process streams from new or reconstructed tunnel kilns 
are subject to the requirements of today's final rule. The requirements 
of today's final rule for new and reconstructed tunnel kilns are 
different for small and large kilns. Small tunnel kilns have design 
capacities less than 9.07 Mg/hr (10 tph) of fired product, and large 
tunnel kilns have design capacities equal to or greater than 9.07 Mg/hr 
(10 tph) of fired product. A source is a new affected source if 
construction began on or after July 22, 2002. An affected source is 
reconstructed if the criteria defined in 40 CFR 63.2 are met, as 
qualified by 40 CFR 63.8390(i). An affected source is existing if it is 
not new or reconstructed.
    An existing tunnel kiln with a federally enforceable permit 
condition that restricts kiln operation to less than 9.07 Mg/hr (10 
tph) of fired product on an annual average basis is not subject to the 
requirements of today's final rule. Kilns that are used exclusively for 
R&D and not used to manufacture products for commercial sale, except in 
a de minimis manner, are not subject to the requirements of today's 
final rule. Finally, kilns that are used exclusively for setting glazes 
on previously fired products are not subject to the requirements of 
today's final rule.

C. When Must I Comply With the Final Rule?

    Existing affected sources must comply within 3 years of May 16, 
2003. New and reconstructed affected sources with an initial startup 
before May 16, 2003 must comply no later than May 16, 2003. New and 
reconstructed affected sources with an initial startup after May 16, 
2003 must comply upon initial startup. Existing area sources that 
subsequently become major sources have 3 years from the date they 
become major sources to come into compliance. Any portion of existing 
facilities that become new or reconstructed major sources and any new 
or reconstructed area sources that become major sources must be in 
compliance upon initial startup.

D. What Are the Emission Limits?

    Today's final rule includes emission limits in the form of 
production-based mass emission limits and percent reduction 
requirements. In establishing the HAP emission limits, we selected PM 
as a surrogate for HAP metals (including mercury in particulate form). 
Today's final rule contains HF, HCl, and PM emission limits for 
existing, new, and reconstructed affected sources at BSCP manufacturing 
facilities, as well as for the following affected sources that would be 
considered reconstructed but for 40 CFR 63.8390(i): Existing small 
tunnel kilns whose design capacity is increased such that it is equal 
to or greater than 9.07 Mg/hr (10 tph) of fired product or existing 
large DLA-controlled kilns.
    If you own or operate an existing large tunnel kiln, a new or 
reconstructed small tunnel kiln, an existing small kiln that is rebuilt 
such that it becomes a large kiln, or an existing large DLA-controlled 
kiln that is rebuilt, you must meet an HF emission limit of 0.029 kg/Mg 
(0.057 lb/ton) of fired product or reduce uncontrolled HF emissions by 
at least 90 percent for affected process streams. You must meet an HCl 
emission limit of 0.13 kg/Mg (0.26 lb/ton) of fired product or reduce 
uncontrolled HCl emissions by at least 30 percent. You are required to 
meet a PM emission limit of 0.21 kg/Mg (0.42 lb/ton) of fired product.

[[Page 26708]]

    If you own or operate a new or reconstructed large tunnel kiln, you 
must meet an HF emission limit of 0.029 kg/Mg (0.057 lb/ton) of fired 
product or reduce uncontrolled HF emissions by at least 90 percent for 
all process streams. You must meet an HCl emission limit of 0.028 kg/Mg 
(0.056 lb/ton) of fired product or reduce uncontrolled HCl emissions by 
at least 85 percent. You are required to meet a PM emission limit of 
0.060 kg/Mg (0.12 lb/ton) of fired product.

E. What Are the Operating Limits?

    In addition to the emission limits, today's final rule includes 
operating limits that apply to APCD used to comply with the final rule. 
The operating limits require you to maintain certain process or APCD 
parameters within levels established during performance tests. Each 
facility affected by today's final rule is required to prepare, 
implement, and revise, as necessary, an OM&M plan. The OM&M plan 
generally specifies the operating parameters to be monitored; the 
frequency that parameter values will be determined; the limits for each 
parameter; procedures for proper operation and maintenance of APCD and 
monitoring equipment; procedures for responding to parameter 
deviations; and procedures for documenting compliance.
    We have established operating limits for DLA, DIFF, DLS/FF, and WS. 
If you operate a DLA, you must maintain the average pressure drop 
across the DLA for each 3-hour block period at or above the average 
pressure drop established during the performance test. You also must 
maintain an adequate amount of limestone in the limestone hopper, 
storage bin (located at the top of the DLA), and DLA at all times. In 
addition, you must maintain the limestone feeder setting at or above 
the level established during the performance test and you must use the 
same grade of limestone from the same source as was used during the 
performance test. Finally, you must maintain no VE from the DLA stack.
    If you operate a DIFF or DLS/FF, you must maintain free-flowing 
lime in the feed hopper or silo and to the APCD at all times and 
maintain the feeder setting at or above the level established during 
your performance test. In addition, you have the option of using a bag 
leak detection system or monitoring VE. If you use a bag leak detection 
system, 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, and operate and maintain the fabric filter such that 
the alarm is not engaged for more than 5 percent of the total operating 
time in a 6-month reporting period. If you monitor VE, you must 
maintain no VE from the DIFF or DLS/FF stack.
    If you operate a WS, you are required to maintain the average 
scrubber pressure drop, the average scrubber liquid pH, the average 
scrubber liquid flow rate, and the average chemical addition rate, if 
applicable, for each 3-hour block period at or above the average values 
established during your performance test.
    If you own or operate an affected source equipped with an 
alternative APCD or technique not listed in the rule, you must 
establish operating limits for the appropriate operating parameters 
subject to prior written approval by the Administrator as described in 
40 CFR 63.8(f). You are required to submit a request for approval of 
alternative monitoring procedures that includes a description of the 
alternative APCD or technique, the type of monitoring device or 
procedure that you would use, the appropriate operating parameters that 
you would monitor, and the frequency that the operating parameter 
values would be determined and recorded. You must establish site-
specific operating limits during your performance test based on the 
information included in the approved alternative monitoring procedures 
request. You are required to install, operate, and maintain the 
parameter monitoring system for the alternative APCD or technique 
according to your OM&M plan.

F. What Are the Performance Test and Initial Compliance Requirements?

    We are requiring owners and operators of all affected sources to 
conduct an initial performance test using specified EPA test methods to 
demonstrate initial compliance with the emission limits. A performance 
test must be conducted before renewing your 40 CFR part 70 operating 
permit or at least every 5 years following the initial performance 
test, as well as when an operating limit parameter value is being 
revised. You must test at the outlet of the APCD and prior to any 
releases to the atmosphere for all affected sources. If meeting the 
percent reduction emission limits for HF or HCl, you must also test at 
the APCD inlet. You must conduct each test while operating at the 
maximum production level.
    Under today's final rule, you are required to measure emissions of 
HF, HCl, and PM. You must measure HF and HCl emissions using EPA Method 
26A, ``Determination of Hydrogen Halide and Halogen Emissions from 
Stationary Sources-Isokinetic Method,'' 40 CFR part 60, appendix A, or 
any other alternative method that has been approved by the 
Administrator under 40 CFR 63.7(f) of the general provisions. The EPA 
Method 26, ``Determination of Hydrogen Chloride Emissions from 
Stationary Sources,'' 40 CFR part 60, appendix A, may be used when no 
acid particulate matter (e.g., HF or HCl dissolved in water droplets 
emitted by sources controlled by a WS) is present. As an alternative to 
using EPA Methods 26A or 26, you may measure HF and HCl emissions using 
EPA Method 320 ``Measurement of Vapor Phase Organic and Inorganic 
Emission by Extractive FTIR'' 40 CFR part 63, appendix A. When using 
EPA Method 320, 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. Particulate 
matter emissions must be measured using EPA Method 5, ``Determination 
of Particulate Emissions from Stationary Sources,'' 40 CFR part 60, 
appendix A, or any other approved alternative method.
    To determine initial compliance with the production-based mass 
emission limits for HF, HCl, and PM, you must calculate the mass 
emissions per unit of production for each test run using the mass 
emission rates of HF, HCl, and PM and the production rate (on a fired-
product basis) measured during your performance test. To determine 
initial compliance with any of the percent reduction emission limits, 
you must calculate the percent reduction for each test run using the 
mass emission rates, measured during your performance test, of the 
specific HAP (HF or HCl) entering and exiting the APCD.
    Prior to your initial performance test, you are required to install 
the CMS (e.g., continuous parameter monitoring system) equipment to be 
used to demonstrate continuous compliance with the operating limits. 
During your initial test, you must use the CMS to establish site-
specific operating parameter values that represent your operating 
limits.
    If you operate a DLA, you must continuously measure the pressure 
drop across the DLA during the performance test and determine the 3-
hour block average pressure drop. You also must maintain an adequate 
amount of limestone in the limestone hopper, storage bin (located at 
the top of the DLA), and DLA at all times. In addition, you must 
establish your limestone feeder setting one week prior to the 
performance test and maintain the feeder setting for the one-week 
period

[[Page 26709]]

that precedes the performance test and during the performance test. 
Finally, you are required to document the source and grade of the 
limestone used during the performance test.
    If you operate a DIFF or DLS/FF, you are required to ensure that 
lime in the feed hopper or silo and to the APCD is free-flowing at all 
times during the performance test, and you are required to record the 
feeder setting for the three test runs. If the lime feed rate varies, 
you are required to determine the average feed rate from the three test 
runs. If you use a bag leak detection system, you must submit analyses 
and supporting documentation demonstrating conformance with EPA 
guidance and specifications for bag leak detection systems.
    If you operate a WS, you are required to continuously measure the 
scrubber pressure drop, the scrubber liquid pH, the scrubber liquid 
flow rate, and the chemical addition rate (if applicable). For each WS 
parameter, you are required to determine and record the average values 
for the three test runs and the 3-hour block average value.

G. What Are the Continuous Compliance Requirements?

    Today's final rule requires that you demonstrate continuous 
compliance with each emission limitation that applies to you. You must 
follow the requirements in your OM&M plan and document conformance with 
your OM&M plan. You are required to operate a CMS to monitor the 
operating parameters established during your initial performance test 
as described in the following paragraphs. The CMS must collect data at 
least every 15 minutes, and you need to have at least three of four 
equally spaced data values (or at least 75 percent if you collect more 
than four data values per hour) per hour (not including startup, 
shutdown, malfunction, out-of-control periods, or periods of routine 
control device maintenance covered by a routine control device 
maintenance exemption) to have a valid hour of data. You must operate 
the CMS at all times when the process is operating. You also have to 
conduct proper maintenance of the CMS, including inspections, 
calibrations, and validation checks, and maintain an inventory of 
necessary parts for routine repairs of the CMS. Using the recorded 
readings, you must calculate and record the 3-hour block average values 
of each operating parameter. To calculate the average for each 3-hour 
averaging period, you must have at least 75 percent of the recorded 
readings for that period (not including startup, shutdown, malfunction, 
out-of-control periods, or periods of routine control device 
maintenance covered by a routine control device maintenance exemption).
    If you operate a DLA, you must collect and record data documenting 
the DLA pressure drop and reduce the data to 3-hour block averages. You 
must maintain the average pressure drop across the DLA for each 3-hour 
block period at or above the average pressure drop established during 
the performance test. You also must verify that the limestone hopper, 
storage bin (located at the top of the DLA), and DLA contain an 
adequate amount of limestone by performing a daily visual check of the 
limestone hopper and the storage bin, and if the hopper or storage bin 
do not contain adequate limestone you must promptly initiate and 
complete corrective actions according to your OM&M plan. You also must 
record the limestone feeder setting daily to verify that the feeder 
setting is being maintained at or above the level established during 
the performance test. You also must use the same grade of limestone 
from the same source as was used during the performance test and 
maintain records of the source and type of limestone. Finally, you must 
perform daily, 15-minute VE observations in accordance with the 
procedures of EPA Method 22, ``Visual Determination of Fugitive 
Emissions from Material Sources and Smoke Emissions from Flares,'' 40 
CFR part 60, appendix A. During the VE observations, the kiln must be 
operating under normal conditions. If VE are observed, you must 
promptly initiate and complete corrective actions according to your 
OM&M plan. If no VE are observed in 30 consecutive daily EPA Method 22 
tests, you may decrease the frequency of EPA Method 22 testing from 
daily to weekly for that kiln stack. If VE are observed during any 
weekly test, you must promptly initiate and complete corrective actions 
according to your OM&M plan and you must resume EPA Method 22 testing 
of that kiln stack on a daily basis until no VE are observed in 30 
consecutive daily tests, at which time you may again decrease the 
frequency of EPA Method 22 testing to a weekly basis.
    For DIFF and DLS/FF systems, you must maintain free-flowing lime in 
the feed hopper or silo and to the APCD at all times. If lime is found 
not to be free flowing via the output of a load cell, carrier gas/lime 
flow indicator, carrier gas pressure drop measurement system, or other 
system, you must promptly initiate and complete corrective actions 
according to your OM&M plan. You also have to maintain the feeder 
setting at or above the level established during your performance test 
and record the feeder setting once each shift. If you use a bag leak 
detection system, 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. You also must operate and maintain the 
fabric filter such that the alarm is not engaged for more than 5 
percent of the total operating time in a 6-month block reporting 
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 
must be counted as a minimum of 1 hour, and if you take longer than 1 
hour to initiate corrective action, the alarm time must be counted as 
the actual amount of time taken to initiate corrective action. As an 
alternative to using a bag leak detection system, you may monitor VE. 
If you choose to monitor VE, you must perform daily, 15-minute VE 
observations in accordance with the procedures of EPA Method 22. During 
the VE observations, the kiln must be operating under normal 
conditions. If VE are observed, you must promptly initiate and complete 
corrective actions according to your OM&M plan. If no VE are observed 
in 30 consecutive daily EPA Method 22 tests, you may decrease the 
frequency of EPA Method 22 testing from daily to weekly for that kiln 
stack. If VE are observed during any weekly test, you must promptly 
initiate and complete corrective actions according to your OM&M plan 
and you must resume EPA Method 22 testing of that kiln stack on a daily 
basis until no VE are observed in 30 consecutive daily tests, at which 
time you may again decrease the frequency of EPA Method 22 testing to a 
weekly basis.
    For WS, you are required to continuously maintain the 3-hour block 
averages for scrubber pressure drop, scrubber liquid pH, scrubber 
liquid flow rate, and chemical addition rate (if applicable) at or 
above the minimum values established during your performance test.

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

    We are requiring owners and operators of all affected sources to 
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

[[Page 26710]]

63.9(h)(2)(i), you are required to include the following in your 
notification of compliance status: (1) The operating limit parameter 
values established for each affected source (with supporting 
documentation) and a description of the procedure used to establish the 
values, and (2) if applicable, analysis and supporting documentation 
demonstrating conformance with EPA guidance and specifications for bag 
leak detection systems.
    We are requiring owners and operators of all affected sources to 
submit semiannual compliance reports containing statements and 
information concerning emission limitation deviations, out-of-control 
CMS, periods of startup, shutdown, or malfunction, when actions 
consistent with your approved SSMP were taken, and periods of routine 
control device maintenance for facilities obtaining a routine control 
device maintenance exemption. In addition, if you undertake an action 
that is inconsistent with your approved SSMP, then you are required to 
submit a startup, shutdown, and malfunction report within 2 working 
days of starting such action and within 7 working days of ending such 
action unless you have made alternative arrangements with the 
permitting authority.
    We are requiring owners and operators of all affected sources to 
maintain records for at least 5 years from the date of each record. You 
must retain the records onsite for at least the first 2 years but may 
retain the records offsite for the remaining 3 years. You are required 
to keep a copy of each notification and report, along with supporting 
documentation. You are required to keep records related to the 
following: (1) Records of startup, shutdown, or malfunction; (2) 
records of performance tests; (3) records to show continuous compliance 
with each emission limitation; (4) if a bag leak detection system is 
used, records of each bag leak detection system alarm, including the 
time of the alarm, the time corrective action was initiated and 
completed, and a description of the cause of the alarm and the 
corrective action taken; (5) if VE measurements are taken, records of 
VE observations; (6) records of each operating limit parameter value 
deviation, including the date, time, and duration of the deviation, a 
description of the cause of the deviation and the corrective action 
taken, and whether the deviation occurred during a period of startup, 
shutdown, or malfunction; (7) records of routine control device 
maintenance for facilities obtaining a routine control device 
maintenance exemption, including a copy of the approved request for a 
routine control device maintenance exemption; (8) records of production 
rate; (9) records for any approved alternative monitoring or test 
procedures; and (10) current copies of your SSMP and OM&M plan, 
including any revisions, with records documenting conformance.

IV. Summary of Environmental, Energy, and Economic Impacts for the 
Final Brick and Structural Clay Products Manufacturing NESHAP

A. What Are the Air Quality Impacts?

    At the current level of control and 1996 production levels, 
nationwide emissions of HAP from the 169 BSCP facilities estimated to 
be major sources are about 6,000 Mg/yr (6,600 tpy). Under today's final 
rule, it is assumed that DLA will be installed on 89 tunnel kilns with 
production capacities equal to or greater than 9.07 Mg (10 tph)(that 
currently are not controlled with a DLA, DIFF, DLS/FF, or WS). This 
will result in an estimated reduction in nationwide HAP emissions of 
2,100 Mg/yr (2,300 tpy).
    Hydrogen fluoride emissions account for approximately 60 percent of 
the baseline HAP emissions. Hydrogen chloride emissions account for 
approximately 40 percent, with HAP metals comprising less than 1 
percent of the baseline HAP emissions. Estimated nationwide emissions 
of HF, HCl, and HAP metals from existing major source BSCP facilities 
at the current level of control are 3,500 Mg/yr (3,900 tpy), 2,400 Mg/
yr (2,600 tpy), and 24 Mg/yr (26 tpy), respectively. Implementation of 
today's final rule is estimated to reduce nationwide HF emissions from 
existing tunnel kilns by about 1,700 Mg/yr (1,900 tpy), and HCl will be 
reduced by 350 Mg/yr (390 tpy). Emissions of HAP metals are estimated 
to be reduced by 5.4 Mg/yr (5.9 tpy). Implementation of today's final 
rule also is estimated to reduce PM and SO2 emissions by 740 
Mg/yr (820 tpy) and 2,500 Mg/yr (2,800 tpy), respectively.
    To project air quality impacts for new sources, we assumed that two 
large model tunnel kilns (each with a 13.6 Mg/hr (15 tph) capacity and 
equipped with DIFF) and one medium model tunnel kiln (with an 8.2 Mg/hr 
(9 tph) capacity and equipped with a DLA), will begin operation at the 
beginning of the first year following promulgation. We estimate that by 
implementing today's final rule, HF emissions from new sources will be 
reduced by 87 Mg/yr (96 tpy), HCl emissions will be reduced by 47 Mg/yr 
(52 tpy), and HAP metals emissions will be reduced by 0.48 Mg/yr (0.53 
tpy). We also estimate that PM and SO2 emissions from the 
new kilns will be reduced by 67 Mg/yr (74 tpy) and 170 Mg/yr (190 tpy), 
respectively.
    Secondary air impacts associated with today's final BSCP rule are 
direct impacts that result from the operation of any new or additional 
APCD. The generation of electricity required to operate the APCD on new 
and existing kilns will result in 11 Mg/yr (12 tpy) of nitrogen oxides 
(NOX) emissions in the first year following compliance with 
today's final rule. The electricity is assumed to be generated by 
natural gas-fired turbines.

B. What Are the Water and Solid Waste Impacts?

    Because compliance with today's final rule is based on the use of 
DLA or DIFF, no water pollution impacts are estimated. However, 
facilities with available wastewater disposal options may choose to use 
wet scrubbers. Based on available information, each scrubber-controlled 
kiln could generate as much as about 5 million gallons per year of 
waste water (based on a 10 gallon per minute scrubber blowdown, which 
is the maximum permitted amount in the industry).
    The solid waste disposal impacts that result from the use of DLA 
include the disposal of the spent limestone that is discharged from the 
DLA. We calculated the solid waste by taking the difference between the 
amount of limestone charged into the DLA and the amount of reacted 
limestone and then adding the amount of reaction products and PM 
captured. Implementation of today's final rule is estimated to increase 
solid waste from existing sources by 65,200 Mg/yr (71,900 tpy).
    To project solid waste impacts for new sources, we assumed that two 
large model tunnel kilns (equipped with DIFF) and one medium model 
tunnel kiln (equipped with a DLA) will begin operation at the beginning 
of the first year following promulgation of the final rule. The 
analysis of solid waste from DLA is discussed in the previous 
paragraph. The solid waste disposal impacts that result from the use of 
DIFF include the disposal of the spent lime (or other sorbent) that is 
injected into the kiln exhaust stream and subsequently captured by a 
fabric filter. We calculated the solid waste by taking the difference 
between the amount of lime injected into the system and the amount of 
reacted lime, and then adding the amount of reaction products and PM 
captured. Stoichiometric ratios of 1.0 to 2.0 have been reported for 
the DIFF and DLS/FF in use in the brick manufacturing industry. The 
average

[[Page 26711]]

stoichiometric ratio of 1.35 was used in this analysis. We estimate 
that implementing today's final rule will result in the generation of 
1,410 Mg/yr (1,550 tpy) of solid waste from new sources.

C. What Are the Energy Impacts?

    Energy impacts consist of the electricity needed to operate the 
APCD. Electricity requirements are driven primarily by the size of the 
fan needed in the APCD. We estimate the increase in electricity 
consumption that will result from implementation of the final rule to 
be 89 terajoules per year (84 billion British thermal units (Btu) per 
year) for existing sources.
    To project energy impacts for new sources, we assumed that two 
large model tunnel kilns (equipped with DIFF) and one medium model 
tunnel kiln (equipped with a DLA) will begin operation at the beginning 
of the first year following promulgation of the final rule. We estimate 
the increase in energy consumption that will result from implementation 
of today's final rule to be 7.8 terajoules per year (7.4 billion Btu 
per year) for new sources.

D. Are There Any Additional Environmental and Health Impacts?

    Reducing HAP emissions under today's final rule will lower 
occupational HAP exposure levels. The operation of APCD may increase 
occupational noise levels.

E. What Are the Cost Impacts?

    For existing sources, nationwide total capital costs to implement 
today's final rule are estimated at $63 million, with total annualized 
costs of $24 million. The capital costs include the purchase and 
installation of DLA and monitoring equipment on 89 existing large 
tunnel kilns. The annualized costs include annualized capital costs of 
the control and monitoring equipment, operation and maintenance 
expenses, emission testing costs, and recordkeeping and reporting costs 
associated with installing and operating these 89 DLA, as well as the 
monitoring, recordkeeping and reporting, and emission testing costs on 
20 additional APCD that currently are installed on existing large 
tunnel kilns.
    To project costs for new sources, we assumed that two large model 
tunnel kilns (equipped with DIFF) and one medium model tunnel kiln 
(equipped with a DLA) will begin operation at the beginning of the 
first year following promulgation of the final rule. We estimate the 
capital costs associated with implementation of today's final rule to 
be $2.8 million for these three new sources. We estimate the annualized 
costs associated with implementation of today's final rule to be $1.14 
million per year for new sources in the first year following 
promulgation of the rule.
    We calculated the cost estimates using cost algorithms that are 
based on procedures from EPA's Office of Air Quality Planning and 
Standards (OAQPS) Control Cost Manual (EPA 450/3-90-006, January 1990) 
and cost information provided by the BSCP industry. We estimated costs 
by developing model process units that correspond to the various sizes 
of kilns found at BSCP manufacturing facilities and assigning the model 
process units to each facility based on the kiln sizes at each 
facility. The facility costs were summed to determine total industry 
costs.

F. What Are the Economic Impacts?

    We conducted a detailed economic impact analysis to determine the 
market- and industry-level impacts associated with today's final rule. 
The compliance costs of today's final rule are expected to increase the 
price of brick and reduce their domestic production and consumption. We 
project the price of brick to increase by just less than 1 percent and 
project no change in price for structural clay products. Domestic 
production of brick is expected to decline by close to 1 percent. In 
addition, foreign brick imports are estimated to increase while exports 
decrease, both by just under 1 percent. Since there is no expected 
change in the price of structural clay products, we predict no change 
in domestic production or foreign imports of structural clay products.
    In terms of industry impacts, the brick producers are projected to 
experience a decrease in operating profits of about 10 percent, which 
reflects the compliance costs associated with brick production and the 
resulting reductions in revenues due to the increase in the price of 
brick and the reduced quantity purchased. Through the market impacts 
described above, today's final rule would create both positive and 
negative financial impacts on facilities within the BSCP manufacturing 
industry. The majority of facilities, almost 71 percent, are expected 
to experience profit increases with today's final rule; however, there 
are some facilities projected to lose profits (about 29 percent). 
Furthermore, the economic impact analysis indicates that of the 189 
BSCP manufacturing facilities, two brick facilities are at risk of 
closure because of today's final rule, while none of the structural 
clay products facilities are at risk to close.
    Based on the market analysis, the annual social costs of today's 
final rule are projected to be $23.3 million. This differs from the 
annual engineering costs of today's final rule because the social costs 
account for producer and consumer behavior. These social costs are 
distributed across the many consumers and producers of brick. Since 
there are no price changes occurring in the structural clay products 
market, the social costs of today's final rule are confined to the 
brick industry. The consumers of brick are expected to incur $14.7 
million in costs associated with today's final rule, with domestic 
consumers bearing $14.6 million and foreign consumers bearing $0.07 
million. Brick producers, in aggregate, are expected to bear the 
remaining $8.6 million annually in costs. Domestic producers incur 
$8.67 million while foreign producers gain $0.04 million annually.
    We estimate that 15 new kilns will be built during the 5 years 
after promulgation of today's final rule. The total compliance costs 
associated with these kilns are projected to be less than 0.6 percent 
of the industry's value of shipments. The economic impact analysis 
estimated the impact of today's final rule on these new sources through 
a sensitivity analysis. According to that analysis, it is projected 
that anywhere from three to six of these new kilns will be delayed in 
coming on-line in the BSCP manufacturing industry due to today's final 
rule.

V. Summary of Responses to Major Comments and Changes to the Clay 
Ceramics Manufacturing Proposed NESHAP

    In response to the public comments received on the proposed clay 
ceramics rule, we made several changes in developing today's final clay 
ceramics rule. The major comments and our responses and rule changes 
are summarized in the following sections. A more detailed summary can 
be found in the Response-to-Comments document, which is available from 
several sources (see SUPPLEMENTARY INFORMATION section).

A. Affected Source

1. Subcategories of Clay Ceramics Kilns
    We proposed two subcategories of clay ceramics kilns: Continuous 
(tunnel or roller) kilns and batch (periodic) kilns. Based on the 
public comments received regarding APCD applicability, as described in 
section V.C of this preamble, we revised the subcategorization 
structure for today's final rule. Today's final rule is based on

[[Page 26712]]

four subcategories of clay ceramics kilns: Ceramic tile or sanitaryware 
tunnel kilns with design capacities less than 9.07 Mg/hr (10 tph) of 
fired product, ceramic tile or sanitaryware tunnel kilns with design 
capacities equal to or greater than 9.07 Mg/hr (10 tph) of fired 
product, ceramic tile roller kilns, and periodic kilns.
2. R&D Kiln Definition
    One commenter requested that we change the definition of research 
and development kiln so that it is consistent with the definition of 
R&D in section 112(c)(7) of the CAA and most other NESHAP. Therefore, 
today's final rule includes a revised definition of research and 
development kiln that is consistent with section 112(c)(7) of the CAA 
and other NESHAP.
3. Facilities Co-Located With Major Sources
    Commenters indicated that considering a clay ceramics facility a 
major source because it is co-located with a major source (under a 
separate NESHAP) puts those facilities at a competitive disadvantage 
with competitors operating facilities that are not co-located. We 
understand these commenters' concerns. However, section 112 of the CAA 
requires us to regulate HAP emissions from all major source facilities, 
regardless of the processes or operations that make those facilities 
major sources. Thus, today's final rule applies for both co-located and 
stand-alone clay ceramics manufacturing facilities that are major 
sources.

B. Existing Source MACT

    Four commenters concurred with the existing MACT floor of ``no 
emissions reductions'' for existing clay ceramics sources. To the 
contrary, one commenter charged that EPA has simply set MACT floors 
based on control technology type and that EPA did not identify the 
relevant best performers and set floors reflecting their average 
emission level. The commenter noted that factors other than control 
device type affect emissions and that EPA must consider all non-
negligible factors in setting MACT floors and considering beyond-the-
floor measures. The commenter stated that if EPA believes it is 
unworkable to consider all factors, then perhaps EPA should base 
standards on actual emissions data which reflects all the factors 
influencing a source's performance.
    We reevaluated our existing source MACT determinations following 
proposal based on consideration of factors other than APCD type. We 
agree that factors other than APCD type (e.g., kiln design, fuel type, 
raw materials, additives and surface coatings) can affect emissions 
from clay ceramics kilns. We acknowledged the effect of kiln design on 
emissions by creating separate subcategories for periodic, roller, and 
tunnel kilns. We maintain that low-HAP raw material use is not a viable 
MACT option because, similar to the BSCP industry, all facilities use 
product-specific raw materials that are integral to the various 
products. Changes in raw materials would change the end products, and 
because of this, it would not be feasible for facilities to meet 
requirements based on the use of low-HAP raw materials. With respect to 
requiring kilns to fire low-HAP fuels, all clay ceramics kilns for 
which we have information are fired with natural gas or propane. 
Therefore, we are not concerned that a requirement to use natural gas 
(or equivalent fuel) to fire all existing kilns would have any impact 
on the end products of existing kilns, as would be the case in the BSCP 
industry. Therefore, the MACT floor for all existing clay ceramics 
periodic kilns, tunnel kilns, and roller kilns is based on firing the 
kilns with natural gas or an equivalent fuel (such as propane or other 
clean-burning fuel), and we added a work practice standard to the final 
rule that covers this requirement. We considered developing emission 
limitations based on firing natural gas, but the available data are 
insufficient for us to determine the contribution of kiln fuel to HAP 
emissions, and we believe that a work practice standard is the only 
feasible means of addressing the commenter's concern that we did not 
consider options besides APCD use.

C. New Source MACT

    At proposal, we concluded that MACT for new and reconstructed 
periodic kilns was ``no emissions reductions.'' We concluded that MACT 
for new and reconstructed tunnel and roller kilns was the level of 
control achievable with a DIFF, DLS/FF, or WS because the best-
controlled similar source (a BSCP tunnel kiln) had this level of 
control.
    Following proposal, several commenters argued that clay ceramics 
kilns are different from BSCP kilns, and that EPA should not consider 
BSCP tunnel kilns to be the best-controlled similar source. The 
commenters noted that clay ceramics kilns typically have much lower 
throughput than BSCP kilns and that the exhaust from clay ceramics 
kilns contains lower pollutant concentrations than BSCP kiln exhaust. 
Commenters stated that the lower pollutant concentrations in clay 
ceramics kiln exhaust would result in the inability to achieve high 
removal efficiencies. The commenters suggested that the proposed 
control technologies are not transferable to clay ceramics kilns and 
noted that none of the technologies are currently in use on domestic 
clay ceramics kilns. The commenters suggested that the best-controlled 
similar source should come from the sources in the clay ceramics source 
category, which would result in a new source MACT floor of ``no 
emissions reductions'' for clay ceramics kilns.
    One commenter stated that, whereas brick products are fired 
unglazed, most sanitaryware products have a ceramic glaze applied 
before firing, which melts in the kiln, evenly covering the surface of 
the piece, helping to seal the surface and hinder the emission of by-
products typically associated with the clay raw material.
    One commenter suggested that MACT for new clay ceramics kilns be 
applied only to large kilns (i.e., kilns with a design capacity equal 
to or greater than 9.07 Mg/hr (10 tph) of fired product). The commenter 
suggested (based on their conversation with an APCD vendor) that DIFF 
systems may not be readily available for small (less than 9.07 Mg/hr 
(10 tph)) clay ceramics kilns.
    One commenter requested that EPA distinguish between ceramic tile 
tunnel and roller kilns. The commenter stated that the two major design 
differences between BSCP periodic and new BSCP tunnel kilns are the 
same dissimilarities exhibited between clay ceramics tunnel and roller 
kilns. The commenter also provided reasons why clay ceramics roller 
kilns are different from BSCP tunnel kilns. The commenter stated that 
BSCP tunnel kilns are made of brick lined with refractory materials, 
have a high profile (tall) design, and require setting and stacking 
product on rail cars which move on floor rails. Bricks are fired on a 
15 to 24 hour cycle. Ceramic tile roller kilns are designed in modular 
units with a low (short) profile (which affects the excess airflow), 
have different firing curves and flow characteristics, process a single 
row of tile moved by roller, and utilize high velocity burners for 
turbulent airflow. The tiles are not stacked and are fired on a 40 to 
60 minute cycle. The commenter stated that firing time has a 
significant effect on the evolution of HF emissions (roller kilns 
exhibit significantly lower HF emissions) and provided detail of firing 
curves/emission estimates for the two types of kilns. In addition, the 
commenter stated that APCD available for BSCP tunnel

[[Page 26713]]

kilns are not readily available for roller kilns.
    We acknowledge that the control technologies (DIFF, DLS/FF, and WS) 
that formed the basis for the proposed emission limits for new and 
reconstructed clay ceramics kilns are not currently in use on any 
domestic clay ceramics kiln. However, 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) of the 
CAA 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.
    We have reevaluated our subcategory and best-controlled similar 
source determinations for new and reconstructed clay ceramics kilns. We 
maintain that MACT for new and reconstructed periodic kilns does not 
require use of add-on APCD because the best-controlled similar source 
is uncontrolled. In addition, based on the comments received and other 
information, we have concluded that there are significant differences 
between clay ceramics tunnel kilns and roller kilns. We believe that 
differences in the operation of BSCP tunnel kilns and tile roller 
kilns, particularly with respect to the duration of firing, result in 
emission characteristics that are likely to be very dissimilar. As a 
result, we cannot assume that APCD that have been demonstrated to be 
effective for reducing HF and HCl emissions from BSCP tunnel kilns are 
feasible for tile roller kilns. Therefore, we have concluded that BSCP 
tunnel kilns cannot be considered similar sources to tile roller kilns, 
and we have determined that MACT for new and reconstructed clay 
ceramics tile roller kilns does not include control with an add-on 
APCD.
    We disagree that there are technological differences between clay 
ceramics tunnel kilns and BSCP tunnel kilns. Some tunnel kilns actually 
produce both ceramic tile and structural clay tile (a structural clay 
product). Regarding the effect of glazing on emissions, we cannot 
refute that the glazes applied to sanitaryware form a seal that could 
prevent further release of certain pollutants from the body of the 
ware. However, we have no information that indicates that the sealing 
becomes effective before HF and HCl are released. To the contrary, we 
have data from several tests on sanitaryware kilns that quantify HF 
emissions, and the tests indicate that uncontrolled emissions are 
within the range emitted from BSCP kilns.
    We maintain that the best-controlled similar source for a clay 
ceramics tunnel kiln is a BSCP tunnel kiln. As discussed in section 
II.D of this preamble, MACT for new and reconstructed BSCP tunnel kilns 
with design capacities less than 9.07 Mg/hr (10 tph) of fired product 
is based on use of a DLA, while MACT for new and reconstructed BSCP 
tunnel kilns with design capacities equal to or greater than 9.07 Mg/hr 
(10 tph) of fired product is based on use of DIFF, DLS/FF, or WS. Thus, 
we have adopted the same requirements for new and reconstructed clay 
ceramics tunnel kilns. New and reconstructed clay ceramics tile and 
sanitaryware tunnel kilns with design capacities less than 9.07 Mg/hr 
(10 tph) of fired product will be required to meet emission limits 
based on the levels of control that can be achieved by a kiln 
controlled with a DLA. The emission limits for HF are 0.029 kg/Mg 
(0.057 lb/ton) or at least 90 percent reduction. For HCl, the emission 
limits are 0.13 kg/Mg (0.26 lb/ton) or at least 30 percent reduction. 
For PM, which is used as a surrogate for HAP metals, the emission limit 
is 0.21 kg/Mg (0.42 lb/ton). For new and reconstructed clay ceramics 
tile and sanitaryware tunnel kilns with design capacities equal to or 
greater than 9.07 Mg/hr (10 tph) of fired product, we have revised the 
emission limits (based on the levels of control that can be achieved by 
a kiln controlled with a DIFF, DLS/FF, or WS) to reflect new data that 
were considered in the development of the final BSCP rule, as discussed 
in section II.F of this preamble. The revised HF emission limits are 
0.029 kg/Mg (0.057 lb/ton) or at least 90 percent reduction. The 
revised HCl emission limits are 0.028 kg/Mg (0.056 lb/ton) or at least 
85 percent reduction. The PM emission limit remains unchanged (from 
proposal) at 0.060 kg/Mg (0.12 lb/ton).
    Similar to the requirements for existing sources, we added a work 
practice standard that requires facilities to use natural gas, or an 
equivalent fuel, to fire all new or reconstructed clay ceramics 
periodic kilns, tunnel kilns, and roller kilns, except during periods 
of natural gas curtailment or other periods when natural gas is not 
available.
    Similar to the requirements for BSCP tunnel kilns, two types of 
clay ceramics tunnel kilns that would otherwise be considered 
reconstructed do not meet the definition of reconstruction in 40 CFR 
63.2. We have added language in 40 CFR 63.8450(f) to provide that it is 
not technologically and economically feasible for these two types of 
existing kilns that would otherwise meet the criteria for 
reconstruction under 40 CFR 63.2 to meet the relevant standards--i.e., 
new source MACT. The two types of kilns are existing tunnel kilns with 
design capacities less than 9.07 Mg/hr (10 tph) of fired product whose 
design capacities are increased such that they are equal to or greater 
than 9.07 Mg/hr (10 tph) of fired product, and existing DLA-controlled 
tunnel kilns with design capacities equal to or greater than 9.07 Mg/hr 
(10 tph) of fired product. These sources will be required to meet 
emission limits based on the levels of control that can be achieved by 
a kiln controlled with a DLA. They also will be subject to the work 
practice standard that requires facilities to use natural gas, or an 
equivalent fuel, to fire all kilns, except during periods of natural 
gas curtailment or other periods when natural gas is not available.
    We acknowledge that the higher airflow rates that are 
characteristic of clay ceramics kilns result in lower pollutant 
concentrations in the exhaust stream, and that control efficiency 
limits (or percentage reduction limits) are more difficult to achieve 
when exhaust gas concentrations are lower. For that reason, we proposed 
and are promulgating today production-based mass emission limits as 
alternatives to the HF and HCl percentage reduction limits. Exhaust gas 
concentrations have no effect on mass emission rates, provided the 
concentrations are above the test method detection limit. The mass 
emission rate (e.g., pounds of pollutant emitted per hour) for a source 
is unchanged regardless of how much dilution air is introduced. 
Therefore, even though a clay ceramics kiln with a diluted exhaust 
stream may not be able to meet the percentage HF and HCl reduction 
limits, the available data indicate that a kiln that is controlled to 
the new source MACT level will be able to meet the production-based 
emission limits for HF and HCl, as well as the production-based limit 
for PM.

D. Cost and Economic Impacts

    Several commenters stated that EPA underestimated the cost per ton 
of pollutant removed at proposal. In general, the commenters felt the 
costs were unreasonable. Commenters questioned the public health 
benefits of the proposed clay ceramics rule.
    One commenter stated that EPA entirely misunderstood the economic 
state of the ceramic tile industry in the U.S., and therefore, grossly 
underestimated the economic impact of

[[Page 26714]]

the proposed rule on the industry. The commenter challenged the 
assumptions presented in the algorithms on which the cost analysis is 
based, charging that they bear no reasonable relationship to reality in 
the industry and that the APCD strategies are not actually feasible for 
implementation. The commenter also argued that the economic analysis of 
the MACT floor for reconstructed and new ceramic clay roller kilns does 
not support DIFF-, DLS/FF- or WS-based controls.
    We acknowledge the commenters' statements about the high cost 
effectiveness of the proposed rule. As discussed previously, we have 
revised the rule, as proposed, such that it is now less costly. Under 
today's final rule, new clay ceramic roller kilns will not be subject 
to emission limits. In addition, we have subcategorized clay ceramics 
tunnel kilns by design capacity. New and reconstructed tunnel kilns 
with design capacities less than 9.07 Mg/hr (10 tph) of fired product 
and tunnel kilns that would be considered reconstructed but for 40 CFR 
63.8540(f)(1) or 40 CFR 63.8540(f)(2) will be required to meet emission 
limits based on the levels of control that can be achieved by a DLA. In 
addition to the changes mentioned above, we have added a work practice 
standard that requires facilities to use natural gas, or an equivalent 
fuel, to fire all clay ceramics kilns, except during periods of natural 
gas curtailment or other periods when natural gas is not available. The 
costs associated with this change are minimal. Based on these changes, 
there will be no control cost for new roller kilns and the control cost 
for new and reconstructed tunnel kilns with design capacities less than 
9.07 Mg/hr (10 tph) of fired product and tunnel kilns that would be 
considered reconstructed but for 40 CFR 63.8540(f)(1) or 40 CFR 
63.8540(f)(2) will be lower than at proposal. Most of the new tunnel 
kilns constructed will likely be in this smaller size category. New 
clay ceramics tunnel kilns with design capacities equal to or greater 
than 9.07 Mg/hr (10 tph) are still required to meet emission limits 
based on the use of DIFF, DLS/FF or WS technologies. However, the HF 
and HCl emission limits are slightly less stringent than at proposal 
(due to the inclusion of new test data). The PM emission limit for new 
clay ceramics tunnel kilns with design capacities equal to or greater 
than 9.07 Mg/hr (10 tph) is unchanged from the proposed requirements 
for all new kilns.
    Public health benefits are likely to be realized due to the reduced 
emissions and reduced exposures to emissions as a result of today's 
final rule. However, we have not quantified these public health 
benefits because we are not required to do so under the CAA.
    We disagree with the commenter's statement that the economic 
impacts of the rule on the ceramic tile industry have been grossly 
underestimated. Based on revisions to the final rule as described 
above, we expect minimal impacts on existing sources, based on 
recordkeeping and reporting costs associated with the work practice 
standard for existing kilns, and we estimate that only one new source 
will be impacted by the final rule in the first five years following 
promulgation. Therefore, the EIA at proposal overestimated the impacts 
on the industry. Thus, it is very unlikely that the one new source 
affected by the rule or the addition of a work practice standard that 
requires all kilns to be fired with natural gas (or equivalent fuel) 
will be able to influence industry prices or foreign competition.

E. Test Data and Emission Limits

    One commenter implied that there are no data to suggest that HCl is 
emitted from ceramic tile kilns. Another commenter stated that limits 
for HCl and PM are irrelevant and that we should only set an emission 
limit for HF (the largest single HAP emitted from the kilns). The 
commenter believes that there is no need to establish an emission 
limitation for HCl or PM because any control system designed to achieve 
the required HF reduction will also reduce HCl and PM. One commenter 
disagreed that PM is an adequate surrogate for HAP metals emissions.
    We are required by section 112(d) of the CAA to establish emission 
limits for listed HAP emitted from major sources. Section 112(b) of the 
CAA lists HCl and various HAP metals. We believe that PM is an adequate 
surrogate for HAP metals for the reasons discussed in section II.F of 
this preamble.
    We acknowledge that we have no test data that demonstrate that HCl 
is emitted from clay ceramics kilns. However, we do have data that show 
that chlorides are present in many clay materials, and that HCl is 
emitted from various types of clays when heated above a minimum 
temperature. The data include raw material analyses and emission test 
reports of HCl emissions for the BSCP manufacturing, lightweight 
aggregate manufacturing, and kaolin processing industries. Because of 
the similarities in raw materials used in those industries and the raw 
materials used to manufacture clay ceramics, we assume that clay 
ceramics kilns also emit HCl.
    We agree that HF emission rates from clay ceramics kilns generally 
are greater than the corresponding emission rates for HCl or metal HAP. 
We also agree that emission controls that are used to meet the emission 
limits for HF are likely to reduce emissions of HCl and SOx 
as well. However, as stated previously, the CAA requires us to set 
emission limits for all listed HAP based on MACT. The data indicated 
that there are existing controls on similar sources that achieve 
significant reductions in emissions of HCl and PM (as a surrogate for 
metal HAP). Therefore, we are required to establish emission limits for 
HCl and metal HAP. We also note that, if HCl and PM emissions from any 
affected source are negligible or are automatically controlled by HF 
control devices, complying with the HCl and PM emission limits should 
not present a problem.

F. Monitoring Requirements

1. Fabric Filter Inlet Temperature
    Two commenters disagreed with the proposed fabric filter inlet 
temperature monitoring requirement. One commenter stated that control 
systems using hydrated lime are generally known to have increased HCl 
and HF removal when temperatures increase. The other commenter 
suggested that the only limit on fabric filter inlet temperature should 
be based on manufacturer's specifications for protection of the 
equipment.
    We have eliminated the requirement for monitoring fabric filter 
inlet temperatures on affected kilns that are controlled with a DLS/FF 
or DIFF. We believe that the other monitoring requirements (e.g., lime 
feed rate monitoring and periodic VE checks) that we have incorporated 
into today's final rule are adequate for ensuring continuous compliance 
with the emission limits.
2. Bag Leak Detection Systems and Visible Emissions
    One commenter suggested changes to the amount of bag leak detector 
alarm time that must be recorded. We have not changed the requirements 
for recording bag leak detection system downtime. However, we have 
incorporated into today's final rule an option for owners and operators 
of affected kilns that are controlled with a DLS/FF, or DIFF to perform 
daily VE checks rather than using bag leak detection systems. Visible 
emissions checks are required for DLA-controlled kilns. Today's final 
rule also includes a provision for decreasing the frequency of VE 
checks provided no VE are observed.

[[Page 26715]]

3. Continuous Emissions Monitoring Systems
    In the preamble to the proposed rule, we requested comment on 
requiring the application of PM CEMS as a method to assure continuous 
compliance with the proposed PM emission limits. Commenters opposed use 
of CEMS when less expensive, but effective, parametric monitoring 
alternatives are available. Therefore, today's final rule does not 
require use of PM CEMS or any other type of CEMS. We believe that the 
parameter monitoring requirements specified in the final rule are 
adequate for ensuring continuous compliance.
4. Test Methods
    One commenter requested that the final clay ceramics rule provide 
facilities with the option to use either EPA Method 26A or EPA Method 
320 for all required stack testing for HF emissions, HCl emissions, or 
both. Because EPA Method 320 will provide accurate HF and HCl 
measurements, we have modified today's final clay ceramics rule to 
include EPA Method 320 as an alternative to EPA Method 26A.

G. Startup, Shutdown, and Malfunction

1. Bypass
    One commenter requested that EPA allow for use of the bypass stack 
during periods of APCD maintenance. Similar comments were received on 
the proposed BSCP rule. Therefore, today's final clay ceramics rule 
allows for bypass of the APCD during periods of routine control device 
maintenance for up to 4 percent of the annual kiln operating hours. 
Section II.H of this preamble presents details on use of this routine 
control device maintenance exemption.
2. Initial Startup
    Commenters on both the proposed BSCP rule and clay ceramics rule 
pointed out that it is impractical to meet emission standards during 
initial startup of a tunnel kiln. Thus, as discussed in section II.H of 
this preamble, we have added a definition of initial startup to today's 
final clay ceramics rule to address the concerns expressed by the 
commenters.

VI. Summary of the Final Clay Ceramics Manufacturing NESHAP

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

    Today's final rule for clay ceramics manufacturing applies to clay 
ceramics manufacturing facilities that are, are located at, or are part 
of, a major source of HAP emissions. The clay ceramics manufacturing 
source category includes those facilities that manufacture pressed 
floor tile, pressed wall tile, and other pressed tile; or sanitaryware 
(toilets and sinks). Clay ceramics are primarily composed of clay and 
shale, and may include many different additives, including silica, 
talc, and various high purity powders produced by chemical synthesis. 
Clay ceramics manufacturing generally includes raw material processing 
and handling and forming of the tile or sanitaryware shapes, followed 
by drying, glazing, and firing. Most clay ceramics are coated with a 
glaze prior to firing. The clay ceramics industry also includes 
dinnerware and pottery manufacturing, but these industry segments are 
not covered by today's final rule because we determined that there are 
no dinnerware or pottery manufacturing facilities that are major 
sources of HAP.
    Available information shows a total of 58 facilities that produce 
clay ceramics. Thirty-two of these facilities, located in 16 States, 
primarily produce pressed tile, while 26 of these facilities, located 
in 15 States, primarily produce sanitaryware. Eight of the 58 clay 
ceramics manufacturing facilities are estimated to be major sources. 
Thirteen clay ceramics facilities are owned by small businesses, and 
none of the small business-owned facilities are estimated to be major 
sources.
    All clay ceramics are fired in kilns. Firing may be performed in 
one or more stages. Tile can be fired in either continuous (tunnel or 
roller) or batch (periodic) kilns, but most facilities use either 
tunnel or roller kilns for tile production. Periodic kilns are usually 
used at smaller facilities or are used primarily for second-firing a 
product after a glaze has been applied.
    The sanitaryware industry uses either tunnel kilns or periodic 
kilns for firing. Tunnel kilns account for most sanitaryware firing; 
periodic kilns are used primarily for refiring rejected pieces that 
have been repaired and re-glazed. Some smaller facilities use periodic 
kilns for all firing operations.
    The primary HAP emission sources at clay ceramics manufacturing 
plants are roller, tunnel, and periodic kilns which emit HF, HCl, and 
HAP metals. Kilns also emit PM and SO2. Currently, no APCD 
are used by the clay ceramics industry to control emission from kilns, 
although the industry's emissions are minimized because the kilns fire 
clean-burning fuels. Other sources of HAP emissions at clay ceramics 
manufacturing plants are the raw material processing and handling 
equipment.

B. What Are the Affected Sources?

    The affected sources, which are the portions of each source in the 
category for which we are setting emission standards, include each 
existing, new, or reconstructed periodic kiln, tunnel kiln, and roller 
kiln. Each tunnel kiln that meets the description in 40 CFR 
63.8540(f)(1) or 40 CFR 63.8540(f)(2) also is an affected source. All 
affected sources are subject to the work practice standard in today's 
final rule. In addition, today's final rule contains different emission 
limits, based on design capacity, for new and reconstructed tunnel 
kilns, and also includes emission limits for tunnel kilns that would 
otherwise meet the criteria for reconstruction but for 40 CFR 
63.8540(f)(1) or 40 CFR 63.8540(f)(2). The tunnel kiln subcategories 
are tunnel kilns with design capacities less than 9.07 Mg/hr (10 tph) 
of fired product and tunnel kilns with design capacities equal to or 
greater than 9.07 Mg/hr (10 tph) of fired product. Kilns that are used 
exclusively for R&D and not used to manufacture products for commercial 
sale, except in a de minimis manner, are not subject to the 
requirements of today's final rule. Kilns that are used exclusively for 
refiring or for setting glazes on previously fired products are not 
subject to the requirements of today's final rule.
    A source is a new affected source if construction began on or after 
July 22, 2002. An affected source is reconstructed if the criteria 
defined in 40 CFR 63.2 are met, as qualified by 40 CFR 63.8540(f). An 
affected source is existing if it is not new or reconstructed and does 
not meet the descriptions in 40 CFR 63.8540(f). As indicated, affected 
sources described in 40 CFR 63.8540(f) also are subject to today's 
final rule.

C. When Must I Comply With the Final Rule?

    New and reconstructed affected sources and affected sources that 
would be considered reconstructed but for 40 CFR 63.8540(f)(1) or 40 
CFR 63.8540(f)(2) with an initial startup before May 16, 2003 must 
comply no later than May 16, 2003. New and reconstructed affected 
sources and affected sources that would be considered reconstructed but 
for 40 CFR 63.8540(f)(1) or 40 CFR 63.8540(f)(2) with an initial 
startup after May 16, 2003 must comply upon initial startup. Any 
portion of existing facilities that become new or reconstructed major 
sources and any new or reconstructed area sources that become major 
sources must be in compliance upon initial startup.

[[Page 26716]]

    If you have an existing affected source, you must comply with the 
work practice standards within 3 years of May 16, 2003.

D. What Are the Emission Limits?

    Today's final rule includes emission limits in the form of 
production-based mass emission limits and percent reduction 
requirements. In establishing the HAP emission limits, we selected PM 
as a surrogate for HAP metals, including mercury in particulate form. 
Today's final rule includes HF, HCl, and PM emission limits for new and 
reconstructed affected sources at clay ceramics manufacturing 
facilities, as well as for the following affected sources that would be 
considered reconstructed but for 40 CFR 63.8540(f): Existing tunnel 
kilns with design capacities less than 9.07 Mg/hr (10 tph) of fired 
product whose design capacities are increased such that they are equal 
to or greater than 9.07 Mg/hr (10 tph) of fired product, and existing 
DLA-controlled tunnel kilns with design capacities equal to or greater 
than 9.07 Mg/hr (10 tph) of fired product.
    If you own or operate a new or reconstructed tunnel kiln with a 
design capacity less than 9.07 Mg/hr (10 tph) of fired product or a 
tunnel kiln that would be considered reconstructed but for 40 CFR 
63.8540(f)(1) or 40 CFR 63.8540(f)(2), you are required to meet an HF 
emission limit of 0.029 kg/Mg (0.057 lb/ton) of fired product or reduce 
uncontrolled HF emissions by at least 90 percent. You also are required 
to meet an HCl emission limit of 0.13 kg/Mg (0.26 lb/ton) of fired 
product or reduce uncontrolled HCl emissions by at least 30 percent. 
Finally, you are required to meet a PM emission limit of 0.21 kg/Mg 
(0.42 lb/ton) of fired product.
    If you own or operate a new or reconstructed tunnel kiln with a 
design capacity equal to or greater than 9.07 Mg/hr (10 tph) of fired 
product, you are required to meet an HF emission limit of 0.029 kg/Mg 
(0.057 lb/ton) of fired product or reduce uncontrolled HF emissions by 
at least 90 percent. You also are required to meet an HCl emission 
limit of 0.028 kg/Mg (0.056 lb/ton) of fired product or reduce 
uncontrolled HCl emissions by at least 85 percent. Finally, you are 
required to meet a PM emission limit of 0.06 kg/Mg (0.12 lb/ton) of 
fired product.

E. What Are the Operating Limits?

    The operating limits for new and reconstructed clay ceramics tunnel 
kilns and tunnel kilns that would be considered reconstructed but for 
40 CFR 63.8540(f)(1) or 40 CFR 63.8540(f)(2) are the same as those for 
new and reconstructed BSCP tunnel kilns. These operating limits are 
presented in section III.E of this preamble.

F. What Are the Work Practice Standards?

    If you have an existing, new, or reconstructed clay ceramics 
periodic kiln, tunnel kiln, or roller kiln, or a tunnel kiln that would 
be considered reconstructed but for 40 CFR 63.8540(f)(1) or 40 CFR 
63.8540(f)(2), 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.

G. What Are the Performance Test and Initial Compliance Requirements 
for Sources Subject to Emission Limits?

    The performance test and initial compliance requirements for new 
and reconstructed clay ceramics tunnel kilns and tunnel kilns that 
would be considered reconstructed but for 40 CFR 63.8540(f)(1) or 40 
CFR 63.8540(f)(2) are the same as those for new and reconstructed BSCP 
tunnel kilns. These requirements are presented in section III.F of this 
preamble.

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

    For each existing, new, or reconstructed clay ceramics periodic 
kiln, tunnel kiln, or roller kiln, and each tunnel kiln that would be 
considered reconstructed but for 40 CFR 63.8540(f)(1) or 40 CFR 
63.8540(f)(2), you must indicate, in your initial notification, that 
you use natural gas, or an equivalent fuel, as the kiln fuel, and 
certify that such information is true, accurate, and complete.

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

    The continuous compliance requirements for new and reconstructed 
clay ceramics tunnel kilns and tunnel kilns that would be considered 
reconstructed but for 40 CFR 63.8540(f)(1) or 40 CFR 63.8540(f)(2) are 
the same as those for new and reconstructed BSCP tunnel kilns. These 
requirements are presented in section III.G of this preamble.

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

    For each existing, new, or reconstructed clay ceramics periodic 
kiln, tunnel kiln, or roller kiln, and each tunnel kiln that would be 
considered reconstructed but for 40 CFR 63.8540(f)(1) or 40 CFR 
63.8540(f)(2), you must use natural gas, or an equivalent fuel, as the 
kiln fuel, and document the type of fuel used. The type of fuel used, 
along with other compliance information, must be certified as part of 
your compliance reports. During periods of natural gas curtailment or 
other periods when natural gas is unavailable, you are allowed to use 
an alternative fuel. However, if you use an alternative fuel, you must 
meet the notification requirements specified in 40 CFR 63.8630(g) and 
the reporting requirements specified in 40 CFR 63.8635(g).

K. What Are the Notification, Recordkeeping, and Reporting Requirements 
for Sources Subject to Emission Limits?

    The notification, recordkeeping, and reporting requirements for new 
and reconstructed clay ceramics tunnel kilns and tunnel kilns that 
would be considered reconstructed but for 40 CFR 63.8540(f)(1) or 40 
CFR 63.8540(f)(2) are the same as those for new and reconstructed BSCP 
tunnel kilns. These requirements are presented in section III.H of this 
preamble.

L. What Are the Notification, Recordkeeping, and Reporting Requirements 
for Sources Subject to a Work Practice Standard?

    If you operate an existing, new, or reconstructed clay ceramics 
periodic kiln, tunnel kiln, or roller kiln, or a tunnel kiln that would 
be considered reconstructed but for 40 CFR 63.8540(f)(1) or 40 CFR 
63.8540(f)(2), you must submit an initial notification that indicates 
that you use natural gas, or an equivalent fuel, as the kiln fuel. You 
must keep records that document your kiln fuel, and if 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 63.8630(g). 
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 63.8635(g).

VII. Summary of Environmental, Energy, and Economic Impacts for the 
Final Clay Ceramics Manufacturing NESHAP

A. What Are the Air Quality Impacts?

    Because the only requirements for existing sources under today's 
final rule

[[Page 26717]]

are work practice standards that we believe that all facilities are 
already meeting, no air quality impacts are projected for existing 
sources. To project air quality impacts for new sources, we assumed 
that one sanitaryware tunnel kiln (3.6 Mg/hr (4 tph) capacity) equipped 
with a DLA will begin operation at the beginning of the first year 
following promulgation of the rule. We estimate that by implementing 
the rule, HF emissions from this new source will be reduced by 4.9 Mg/
yr (5.4 tpy), HCl emissions will be reduced by 1.0 Mg/yr (1.1 tpy), and 
HAP metals emissions will be reduced by 0.028 Mg/yr (0.031 tpy). We 
also estimate that PM and SO2 emissions from the new kiln 
will be reduced by 3.9 Mg/yr (4.3 tpy) and 13 Mg/yr (14 tpy), 
respectively.
    Secondary air impacts associated with today's final clay ceramics 
rule are direct impacts that result from the operation of any new APCD. 
The generation of electricity required to operate the control device on 
the projected new kiln will result in 0.09 tpy of NOX 
emissions in the first year following promulgation of the rule. The 
electricity was assumed to be generated by natural gas-fired turbines.

B. What Are the Water and Solid Waste Impacts?

    Because the only requirements for existing sources under today's 
final rule are work practice standards that we believe that all 
facilities are already meeting, no water and solid waste impacts are 
projected for existing sources. Our analyses are based on the use of 
DLA for controlling new kilns and, therefore, no water impacts are 
projected for new sources. To project solid waste impacts for new 
sources, we assumed that one sanitaryware tunnel kiln equipped with a 
DLA will begin operation at the beginning of the first year following 
promulgation of the rule. The solid waste disposal impacts that result 
from the use of DLA will include the disposal of spent limestone. We 
calculated the solid waste by taking the difference between the amount 
of limestone charged into the DLA and the amount of reacted limestone 
and then adding the amount of reaction products and PM captured. We 
estimate that implementing the rule will result in the generation of 
290 Mg/yr (320 tpy) of solid waste from the new source.

C. What Are the Energy Impacts?

    Because the only requirements for existing sources under today's 
final rule are work practice standards that we believe that all 
facilities are already meeting, no energy impacts are projected for 
existing sources. To project energy impacts for new sources, we assumed 
that one sanitaryware tunnel kiln equipped with a DLA will begin 
operation at the beginning of the first year following promulgation of 
the rule. Energy impacts consist of the electricity needed to operate 
the DLA. Electricity requirements are driven primarily by the size of 
the fan needed in the control device. We estimate the increase in 
energy consumption that would result from implementation of the rule to 
be 710 gigajoules per year (670 million Btu per year).

D. Are There Any Additional Environmental and Health Impacts?

    Reducing HAP emissions under today's final rule will lower 
occupational HAP exposure levels. The operation of APCD may increase 
occupational noise levels.

E. What Are the Cost Impacts?

    Because the only requirements for existing sources under today's 
final rule are work practice standards that we believe that all 
facilities are already meeting, cost impacts projected for existing 
sources are based only on recordkeeping and reporting requirements 
associated with the work practice standard. These costs are $1,193 per 
year for each of the eight major source facilities, and the total 
annual cost to the industry for existing sources is $9,533. To project 
costs for new sources, we assumed that one sanitaryware tunnel kiln, 
equipped with a DLA, will be built during the first year following 
promulgation. We estimate the capital costs associated with 
implementation of the rule to be $510,000 for new sources. The capital 
costs include the purchase and installation of DLA and monitoring 
equipment. We estimate the annualized costs associated with 
implementation of the rule to be $170,000 per year for new sources. The 
annualized costs include annualized capital costs of the control and 
monitoring equipment, operation and maintenance expenses, emission 
testing costs, and recordkeeping and reporting costs associated with 
installing and operating the DLA.
    We calculated the cost estimates using cost algorithms that are 
based on procedures from EPA's OAQPS Control Cost Manual (EPA 450/3-90-
006, January 1990) and cost information provided by the BSCP industry 
and control device vendors. We estimated costs by developing model 
process units that correspond to the various sizes of kilns found at 
clay ceramics manufacturing facilities.

F. What Are the Economic Impacts?

    We did not prepare a revised economic impact analysis for the clay 
ceramics industry because the requirements of the final rule will 
result in a decrease in cost impacts on the industry. Specifically, new 
and reconstructed roller kilns, which would have been subject to 
emission limits in the rule as proposed, are not subject to emission 
limits in the final rule. In addition, the requirements for clay 
ceramics tunnel kilns with design capacities less than 9.07 Mg/hr (10 
tph) are based on control with a DLA rather than the more costly DIFF, 
DLS/FF, or WS systems on which the proposed rule was based.
    The goal of the economic impact analysis is to estimate the market 
response of clay ceramics manufacturing producers to today's final rule 
and to determine the economic effects that may result due to the final 
rule. Because the MACT floor for existing clay ceramics kilns is based 
on firing natural gas, or an equivalent fuel, and all clay ceramics 
kilns for which we have data are fired by natural gas or propane, the 
compliance costs for existing sources associated with today's final 
rule consist only of recordkeeping and reporting costs and are minimal. 
The aggregate price of ceramic products is, therefore, expected to 
remain the same. Because the prices of ceramic products are not 
expected to change due to today's final rule, there are no projected 
changes in domestic production, domestic consumption, or foreign trade. 
Therefore, no economic impacts on existing major sources are expected 
from today's final rule.
    Unlike existing sources, new and reconstructed tunnel kilns used to 
produce clay ceramics will face positive compliance costs associated 
with the installation and operation of APCD. We estimate that one new 
3.6 Mg/hr (4 tph) capacity tunnel kiln will be constructed in the 
sanitaryware industry during the first 5 years after the rule is 
promulgated. Industry compliance costs associated with this kiln are 
expected to be less than 0.1 percent of industry value of shipments for 
the sanitaryware industry. No level of cost-to-sales for sanitaryware 
kilns could be developed due to the diversity of product types that 
they produce.

VIII. 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

[[Page 26718]]

is ``significant'' and, therefore, subject to review by the 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, or loan programs, or the rights and obligations of 
recipients thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    Pursuant to the terms of Executive Order 12866, it has been 
determined that today's BSCP final rule is a ``significant regulatory 
action'' because it raises novel legal or policy issues within the 
meaning of paragraph (4) above. Consequently, today's final BSCP rule 
was submitted to OMB for review under Executive Order 12866. Any 
written comments from OMB and written EPA responses are available in 
the docket (see ADDRESSES section of this preamble).
    Pursuant to the terms of Executive Order 12866, it has been 
determined that the clay ceramics final rule does not constitute a 
``significant regulatory action'' because it does not meet any of the 
above criteria. Consequently, today's final clay ceramics rule was not 
submitted to OMB for review under Executive Order 12866.

B. Paperwork Reduction Act

    The information collection requirements in today's final rules 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 for each of the rules 
(ICR No. 2022.01 for BSCP manufacturing and ICR No. 2023.01 for clay 
ceramics manufacturing), and a copy of either document may be obtained 
from Susan Auby by mail at Office of Environmental Information, 
Collection Strategies Division (2822T), U.S. EPA, 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.
    Today's final BSCP rule will not require any notifications or 
reports beyond those required by the NESHAP General Provisions. The 
recordkeeping requirements require only the specific information needed 
to assure compliance.
    With one exception, today's final clay ceramics rule will not 
require any notifications or reports beyond those required by the 
NESHAP General Provisions. The exception applies to affected 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 and 
must report on alternative fuel use after terminating use of the 
alternative fuel. The recordkeeping requirements require only the 
specific information needed to assure compliance.
    The annual monitoring, reporting, and recordkeeping burden for the 
collection of information required by today's final BSCP manufacturing 
rule (averaged over the first 3 years after the effective date of the 
final rule) is estimated to be 17,471 labor hours per year at a total 
annual labor cost of $900,328. This burden estimate includes a one-time 
submission of an OM&M plan; one-time submission of a SSMP, with 
immediate reports for any event when the procedures in the plan were 
not followed; semiannual compliance reports; maintenance inspections; 
notifications; and recordkeeping. Total annualized capital/startup 
costs associated with the monitoring requirements over the 3-year 
period of the ICR are estimated at $115,111, with operation and 
maintenance costs of $4,853/yr.
    The annual monitoring, reporting, and recordkeeping burden for the 
collection of information required by today's final clay ceramics 
manufacturing rule (averaged over the first 3 years after the effective 
date of the final rule) is estimated to be 185 labor hours per year at 
a total annual labor cost of $9,533. This burden estimate includes a 
one-time submission of an OM&M plan; one-time submission of a SSMP, 
with immediate reports for any event when the procedures in the plan 
were not followed; semiannual compliance reports; maintenance 
inspections; notifications; and recordkeeping. Total annualized 
capital/startup costs associated with the monitoring requirements over 
the 3-year period of the ICR are estimated at $1,824, with operation 
and maintenance costs of $358/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 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations are listed in 40 CFR part 9 and 48 CFR chapter 15. The OMB 
control numbers for the information collection requirements in the 
final rules will be listed in an amendment to 40 CFR part 9 in a 
subsequent Federal Register document after OMB approves the ICRs.

C. Regulatory Flexibility Act

    The EPA has determined that it is not necessary to prepare a 
regulatory flexibility analysis in connection with this action. After 
considering the economic impacts of today's final rule on small 
entities in the two source categories, the EPA has determined that this 
action will not have a significant economic impact on a substantial 
number of small entities. Although today's final rule will not have a 
significant economic impact on a substantial number of small entities, 
we have nonetheless tried to minimize the impact of the final rule on 
small entities. For both the BSCP manufacturing and clay ceramics

[[Page 26719]]

manufacturing source categories, we exercised flexibility in minimizing 
impacts on small entities through subcategorization of tunnel kilns by 
size, which still benefits the environment by requiring greater 
emissions reductions from the larger kilns. In addition, for the BSCP 
manufacturing source category, we contacted the small entities 
estimated to incur impacts in excess of 1 percent of sales to explain 
the rule's regulatory approach, as well as a potential alternative to 
installing an APCD. Facilities with existing tunnel kilns operating at 
or near 10 tph could accept a permit condition that restricts kiln 
production to less than 10 tph and, therefore, places the kiln in the 
subcategory unaffected by the standards for existing kilns.
    For purposes of assessing the impact of today's action on small 
entities, small entities are defined as: (1) A small business according 
to Small Business Administration (SBA) size standards; (2) a small 
governmental jurisdiction that is a government of a city, county, town, 
school district or special district with a population of less than 
50,000; and (3) a small organization that is any not-for-profit 
enterprise which is independently owned and operated and is not 
dominant in its field. The following two sections provide descriptions 
of the small business assessments for the two categories of sources 
addressed by today's action.
1. Brick and Structural Clay Products (BSCP) Manufacturing
    Small Business Administration size standards for BSCP 
manufacturing, by NAICS code, are shown in Table 2 of this preamble.

     Table 2.--Small Business Size Standards for BSCP Manufacturing
------------------------------------------------------------------------
                                                                 Size
                                                              standard,
                         NAICS code                           number of
                                                              employees
------------------------------------------------------------------------
327121.....................................................          500
327122.....................................................          500
327123.....................................................          500
327125.....................................................          750
327993.....................................................          750
------------------------------------------------------------------------

We have determined that 76 of the 89 companies owning BSCP 
manufacturing facilities are small businesses. Although small 
businesses represent 86 percent of the companies within the source 
category, they are expected to incur about 21 percent of the total 
industry engineering compliance costs of $24 million. Additionally, 61 
of the 76 small businesses will incur no costs. Under the final rule, 
we estimate that three small firms in this source category may 
experience an impact less 1 percent of sales, nine small firms in this 
source category may experience an impact between 1 percent and 3 
percent of sales, and 3 small businesses (or 20 percent) may experience 
an impact greater than 3 percent of sales.
    We also conducted an economic impact analysis that accounted for 
firm behavior to provide an estimate of the facility and market impacts 
of the proposed rule. The analysis projected that of the 189 facilities 
in this source category, two facilities are at risk of closure. Neither 
of these facilities is owned by a small business. The median compliance 
cost is below 1 percent of sales for both small and large firms 
affected by the proposed rule (0.0 and 0.1 percent for small and large 
firms, respectively).
    Fifteen new BSCP manufacturing sources are projected to be 
constructed during the five years after promulgation of the rule. 
Industry compliance costs associated with these sources are anticipated 
to be less than 0.6 percent of the BSCP manufacturing industry's value 
of shipments. According to the new source economic impact analysis, 
three to six of these new sources may be delayed in coming on-line due 
to the compliance costs they would face. We cannot determine with 
certainty whether these new sources will be built by large or small 
companies. Regardless, impacts at the company level are not expected to 
be significant for a substantial number of small entities.
2. Clay Ceramics Manufacturing
    Small Business Administration size standards for clay ceramics 
manufacturing, by NAICS code, are shown in Table 3 of this preamble.

 Table 3.--Small Business Size Standards for Clay Ceramics Manufacturing
------------------------------------------------------------------------
                                                                 Size
                                                              standard,
                         NAICS code                           number of
                                                              employees
------------------------------------------------------------------------
326191.....................................................          500
327111.....................................................          750
327112.....................................................          500
327122.....................................................          500
327123.....................................................          500
327125.....................................................          750
335121.....................................................          500
421220.....................................................          100
421320.....................................................          100
------------------------------------------------------------------------

The EPA identified 13 of the 29 companies owning clay ceramics 
manufacturing facilities as small businesses. Because the clay ceramics 
manufacturing final rule does not include emissions limits for existing 
kilns and includes only a work practice standard that requires that 
existing kilns are fired with natural gas, a firm's existing kilns will 
be minimally impacted by the final rule. One new sanitaryware 
manufacturing source is projected to be constructed in the first five 
years following promulgation of the rule. Industry compliance costs 
associated with this source are expected to be less than 0.1 percent of 
industry value of shipments for the sanitaryware industry segments. No 
level of cost-to-sales for the new sanitaryware manufacturing source 
could be developed due to the diversity of product types produced. 
Thus, new clay ceramics manufacturing sources are expected to face 
positive compliance costs; however, we cannot determine with certainty 
whether these sources will be built by large or small companies. 
Regardless, impacts at the company level are not expected to be 
significant for a substantial number of small entities.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub. 
L. 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, the 
EPA generally must prepare a written statement, including a cost-
benefit analysis, for proposed and final rules with ``Federal 
mandates'' that may result in expenditures 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,

[[Page 26720]]

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 rules do not contain a 
Federal mandate that may result in expenditures of $100 million or more 
for State, local, and tribal governments, in the aggregate, or the 
private sector in any 1 year. The total annual cost for today's final 
BSCP rule for any 1 year is estimated at $24 million. The total annual 
cost for today's final clay ceramics rule for any 1 year is estimated 
at $9,500. Thus, today's final rules are not subject to the 
requirements of sections 202 and 205 of the UMRA. In addition, the EPA 
has determined that today's final rules contain no regulatory 
requirements that might significantly or uniquely affect small 
governments because they contain no regulatory requirements that apply 
to such governments or impose obligations upon them. Therefore, today's 
final rules are not subject to the requirements of section 203 of the 
UMRA.

E. Executive Order 13132, Federalism

    Executive Order 13132 (64 FR 43255, August 10, 1999) requires EPA 
to develop an accountable process to ensure ``meaningful and timely 
input by State and local officials in the development of regulatory 
policies that have federalism implications.'' ``Policies that have 
federalism implications'' 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.'' Under Executive Order 13132, the EPA may not issue a 
regulation that has federalism implications, that imposes substantial 
direct compliance costs, and that is not required by statute, unless 
the Federal government provides the funds necessary to pay the direct 
compliance costs incurred by State and local governments, or EPA 
consults with State and local officials early in the process of 
developing the proposed regulation. The EPA also may not issue a 
regulation that has federalism implications and that preempts State law 
unless EPA consults with State and local officials early in the process 
of developing the proposed regulation.
    If EPA complies by consulting, Executive Order 13132 requires EPA 
to provide to OMB, in a separately identified section of the preamble 
to the rule, a federalism summary impact statement (FSIS). The FSIS 
must include a description of the extent of EPA's prior consultation 
with State and local officials, a summary of the nature of their 
concerns and EPA's position supporting the need to issue the 
regulation, and a statement of the extent to which the concerns of 
State and local officials have been met. Also, when EPA transmits a 
draft final rule with federalism implications to OMB for review 
pursuant to Executive Order 12866, it must include a certification from 
EPA's Federalism Official stating that EPA has met the requirements of 
Executive Order 13132 in a meaningful and timely manner.
    Today's final rules do not have federalism implications. They will 
not have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132. None of the affected facilities 
are owned or operated by State governments, and the final rule 
requirements will not supercede State regulations that are more 
stringent. Thus, the requirements of Executive Order 13132 do not apply 
to the final rules.

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

    Executive Order 13175 (65 FR 67249, November 6, 2000) requires EPA 
to develop an accountable process to ensure ``meaningful and timely 
input by tribal officials in the development of regulatory policies 
that have tribal implications.'' ``Policies that have tribal 
implications'' are defined in the Executive Order to include 
regulations that have ``substantial direct effects on one or more 
Indian tribes, on the relationship between the Federal government and 
the Indian tribes, or on the distribution of power and responsibilities 
between the Federal government and Indian tribes.''
    Today's final rules do not have tribal implications. They 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 are known to own or operate BSCP or clay ceramics 
manufacturing facilities. Thus, Executive Order 13175 does not apply to 
the final rules.

G. Executive Order 13045, Protection of Children From Environmental 
Health & 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 the 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, the EPA must evaluate the environmental health or safety 
effects of the planned rule on children, and explain why the planned 
regulation is preferable to other potentially effective and reasonably 
feasible alternatives considered by EPA.
    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 rule. Today's final rules are not 
subject to Executive Order 13045 because they are based on technology 
performance and not on health or safety risks.

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

    Executive Order 13211 (66 FR 28355, May 22, 2001) provides that 
agencies shall prepare and submit to the Administrator of the Office of 
Information and Regulatory Affairs, OMB, a Statement of Energy Effects 
for certain actions identified as ``significant energy actions.'' 
Section 4(b) of Executive Order 13211 defines ``significant energy 
actions'' as ``any action by an agency (normally published in the 
Federal Register) that promulgates or is expected to lead to the 
promulgation of a final rule or regulation, including notices of 
inquiry, advance notices of proposed rulemaking, and notices of 
proposed rulemaking: (1)(i) That is a significant regulatory action 
under Executive Order 12866 or any successor order, and (ii) is likely 
to have a significant adverse effect on the supply, distribution, or 
use of energy; or (2) that is designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action.'' Today's final clay ceramics manufacturing rule is not subject 
to Executive Order 13211

[[Page 26721]]

because it is not a significant regulatory action under Executive Order 
12866. Although today's final BSCP rule is considered to be a 
significant regulatory action under Executive Order 12866, it is not a 
``significant energy action'' because it is not likely to have a 
significant adverse effect on the supply, distribution, or use of 
energy. The basis for the determination is as follows.
    Today's final BSCP rule affects manufacturers in the BSCP (NAICS 
327121), extruded tile (NAICS 327122), and other structural clay 
products (NAICS 327123) industries. There is no crude oil, fuel, or 
coal production from these industries. Hence, there is no direct effect 
on such energy production related to implementation of the BSCP rule. 
In fact, as previously mentioned in this preamble, there will be an 
increase in energy consumption, and hence an increase in energy 
production, resulting from installation of APCD likely needed for 
sources to meet the requirements of the final BSCP rule. This increase 
in energy consumption is equal to approximately 27 million kilowatt-
hours/year (kWh/yr) for electricity. The electricity increase is 
considered negligible, equivalent to 0.0007 percent of 1999 U.S. 
electricity production.\4\ There is no expected increase in natural gas 
consumption. It should be noted, however, that the estimated decrease 
in BSCP production resulting from producer's and consumer's reactions 
to the final BSCP rule will offset this effect on such energy 
production. It is likely that the output reduction in the industries 
will lead to less energy use by these industries and thus some 
reduction in overall energy production.
---------------------------------------------------------------------------

    \4\ U.S. Department of Energy, Energy Information 
Administration. Annual Energy Review, End-Use Energy Consumption for 
1998. Located on the Internet at http://www.eia.doe.gov.
---------------------------------------------------------------------------

    Given the negligible change in energy consumption resulting from 
the final BSCP rule, we do not expect any price increase for any energy 
type. The cost of energy distribution should not be affected by the 
final BSCP rule at all since the final rule does not affect energy 
distribution facilities. Finally, with changes in net exports being a 
minimal percentage of domestic output from the affected industries, 
there will be only a negligible change in international trade, and 
hence in dependence on foreign energy supplies. No other adverse 
outcomes are expected to occur with regards to energy supplies.
    Therefore, we conclude that today's final BSCP rule is not likely 
to have a significant adverse effect on the supply, distribution, or 
use of energy.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act (NTTAA) of 1995 (Pub. L. No. 104-113; 15 U.S.C. 272 note) directs 
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 OMB, with explanations when an 
agency does not use available and applicable voluntary consensus 
standards.
    The final rules involve technical standards. The EPA cites the 
following standards in the final rules: EPA Methods 1, 1A, 2, 2A, 2C, 
2D, 2F, 2G, 3, 4, 5, 22, 26, 26A, and 320 of 40 CFR part 60, appendix 
A. Consistent with the NTTAA, EPA conducted searches to identify 
voluntary consensus standards in addition to these EPA methods. No 
applicable voluntary consensus standards were identified for EPA 
Methods 1A, 2A, 2D, 2F, 2G, and 22. The search and review results have 
been documented and are in the dockets for the final rules.
    The search for emissions measurement procedures identified 11 
voluntary consensus standards. The EPA determined that eight of these 
11 standards identified for measuring emissions of the HAPs or 
surrogates subject to emission standards in the final rules were 
impractical alternatives to EPA test methods for the purposes of the 
final rules. Therefore, EPA does not intend to adopt these standards at 
this time. The reasons for this determination for the 11 methods are 
discussed in the dockets for the final rules.
    Two of the 11 voluntary consensus standards identified in this 
search were not available at the time the review was conducted for the 
purposes of the final rules 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.
    In response to public comments received, we considered and decided 
to include EPA Method 320 as an option for measuring HF and HCl. 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 that would 
allow the EPA to accept ASTM D6348-98 as an acceptable alternative were 
sent to ASTM by the EPA. The ASTM Subcommittee D22-03 is currently 
undertaking a revision of ASTM D6348-98. Because of this, we are not 
citing this standard as an acceptable alternative for EPA Method 320 in 
the final rules 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 40 CFR 63.8(f) on a case-by-case basis.
    Table 3 of the final BSCP rule and Table 4 of the final clay 
ceramics rule list the EPA testing methods included in the rules. Under 
40 CFR 63.7(f) and 40 CFR 63.8(f), a source may apply to EPA for 
permission to use alternative test methods or alternative monitoring 
requirements in place of any of the EPA testing methods, performance 
specifications, or procedures.

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 today's final 
rules 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 rules in the Federal Register. Neither of 
today's rules are ``major rules'' as defined by 5 U.S.C. 804(2). The 
final rules will be effective on May 16, 2003.

List of Subjects in 40 CFR Part 63

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


[[Page 26722]]


    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 the 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 JJJJJ to read as follows:

Subpart JJJJJ--National Emission Standards for Hazardous Air 
Pollutants for Brick and Structural Clay Products Manufacturing

Sec.

What This Subpart Covers

63.8380 What is the purpose of this subpart?
63.8385 Am I subject to this subpart?
63.8390 What parts of my plant does this subpart cover?
63.8395 When do I have to comply with this subpart?

Emission Limitations

63.8405 What emission limitations must I meet?
63.8410 What are my options for meeting the emission limitations?

General Compliance Requirements

63.8420 What are my general requirements for complying with this 
subpart?
63.8425 What do I need to know about operation, maintenance, and 
monitoring plans?

Testing and Initial Compliance Requirements

63.8435 By what date must I conduct performance tests?
63.8440 When must I conduct subsequent performance tests?
63.8445 How do I conduct performance tests and establish operating 
limits?
63.8450 What are my monitoring installation, operation, and 
maintenance requirements?
63.8455 How do I demonstrate initial compliance with the emission 
limitations?

Continuous Compliance Requirements

63.8465 How do I monitor and collect data to demonstrate continuous 
compliance?
63.8470 How do I demonstrate continuous compliance with the emission 
limitations?

Notifications, Reports, and Records

63.8480 What notifications must I submit and when?
63.8485 What reports must I submit and when?
63.8490 What records must I keep?
63.8495 In what form and for how long must I keep my records?

Other Requirements and Information

63.8505 What parts of the General Provisions apply to me?
63.8510 Who implements and enforces this subpart?
63.8515 What definitions apply to this subpart?

Tables to Subpart JJJJJ of Part 63

Table 1 to Subpart JJJJJ of Part 63--Emission Limits
Table 2 to Subpart JJJJJ of Part 63--Operating Limits
Table 3 to Subpart JJJJJ of Part 63--Requirements for Performance Tests
Table 4 to Subpart JJJJJ of Part 63--Initial Compliance with Emission 
Limitations
Table 5 to Subpart JJJJJ of Part 63--Continuous Compliance with 
Emission Limits and Operating Limits
Table 6 to Subpart JJJJJ of Part 63--Requirements for Reports
Table 7 to Subpart JJJJJ of Part 63--Applicability of General 
Provisions to Subpart JJJJJ

What This Subpart Covers


Sec.  63.8380  What is the purpose of this subpart?

    This subpart establishes national emission limitations for 
hazardous air pollutants (HAP) emitted from brick and structural clay 
products (BSCP) manufacturing facilities. This subpart also establishes 
requirements to demonstrate initial and continuous compliance with the 
emission limitations.


Sec.  63.8385  Am I subject to this subpart?

    You are subject to this subpart if you own or operate a BSCP 
manufacturing facility that is, is located at, or is part of, a major 
source of HAP emissions according to the criteria in paragraphs (a) and 
(b) of this section.
    (a) A BSCP manufacturing facility is a plant site that manufactures 
brick (including, but not limited to, face brick, structural brick, and 
brick pavers); clay pipe; roof tile; extruded floor and wall tile; and/
or other extruded, dimensional clay products. Brick and structural clay 
products manufacturing facilities typically process raw clay and shale, 
form the processed materials into bricks or shapes, and dry and fire 
the bricks or shapes.
    (b) A major source of HAP emissions is any stationary source or 
group of stationary sources within a contiguous area under common 
control 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.  63.8390  What parts of my plant does this subpart cover?

    (a) This subpart applies to each existing, new, or reconstructed 
affected source at a BSCP manufacturing facility.
    (b) The existing affected source is an existing tunnel kiln with a 
design capacity equal to or greater than 9.07 megagrams per hour (Mg/
hr) (10 tons per hour (tph)) of fired product according to paragraphs 
(b)(1) through (3) of this section. For the remainder of this subpart, 
a tunnel kiln with a design capacity equal to or greater than 9.07 Mg/
hr (10 tph) of fired product will be called a large tunnel kiln, and a 
tunnel kiln with a design capacity less than 9.07 Mg/hr (10 tph) of 
fired product will be called a small tunnel kiln.
    (1) For existing tunnel kilns that do not have sawdust dryers, the 
kiln exhaust process stream (i.e., the only process stream) is subject 
to the requirements of this subpart.
    (2) For existing tunnel kilns that ducted exhaust to sawdust dryers 
prior to July 22, 2002, only the kiln exhaust process stream (i.e., the 
process stream that exhausts directly to the atmosphere or to an air 
pollution control device (APCD)) is subject to the requirements of this 
subpart. As such, any process stream that is ducted to a sawdust dryer 
is not subject to these requirements.
    (3) For existing tunnel kilns that first ducted exhaust to sawdust 
dryers on or after July 22, 2002, all of the exhaust (i.e., all process 
streams) is subject to the requirements of this subpart.
    (c) An existing small tunnel kiln whose design capacity is 
increased such that it is equal to or greater than 9.07 Mg/hr (10 tph) 
of fired product is subject to the requirements of this subpart.
    (d) An existing tunnel kiln with a federally enforceable permit 
condition that restricts kiln operation to less than 9.07 Mg/hr (10 
tph) of fired product on a 12-month rolling average basis is not 
subject to the requirements of this subpart.
    (e) Each new or reconstructed tunnel kiln is an affected source 
regardless of design capacity. All process streams from each new or 
reconstructed tunnel kiln are subject to the requirements of this 
subpart.
    (f) Kilns that are used exclusively for research and development 
(R&D) and are not used to manufacture products for commercial sale, 
except in a de minimis manner, are not subject to the requirements of 
this subpart.
    (g) Kilns that are used exclusively for setting glazes on 
previously fired products are not subject to the requirements of this 
subpart.

[[Page 26723]]

    (h) A source is a new affected source if construction of the 
affected source began after July 22, 2002, and you met the 
applicability criteria at the time you began construction.
    (i) An affected source is reconstructed if you meet the criteria as 
defined in Sec.  63.2, except as provided in paragraphs (i)(1) and 
(i)(2) of this section.
    (1) It is not technologically and economically feasible for an 
existing small tunnel kiln whose design capacity is increased such that 
it is equal to or greater than 9.07 Mg/hr (10 tph) of fired product to 
meet the relevant standards (i.e., new source maximum achievable 
control technology (MACT)) by retrofitting with a dry lime injection 
fabric filter (DIFF), dry lime scrubber/fabric filter (DLS/FF), or wet 
scrubber (WS).
    (2) It is not technologically and economically feasible for an 
existing large dry limestone adsorber (DLA)-controlled kiln to meet the 
relevant standards by retrofitting with a DIFF, DLS/FF, or WS.
    (j) An affected source is existing if it is not new or 
reconstructed.


Sec.  63.8395  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 May 
16, 2003, then you must comply with the applicable emission limitations 
in Tables 1 and 2 to this subpart no later than May 16, 2003.
    (2) If the initial startup of your affected source is after May 16, 
2003, then you must comply with the applicable emission limitations in 
Tables 1 and 2 to this subpart upon initial startup of your affected 
source.
    (b) If you have an existing affected source, you must comply with 
the applicable emission limitations in Tables 1 and 2 to this subpart 
no later than May 16, 2003.
    (c) 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 (c)(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.
    (d) If you have a new area source (i.e., an area source for which 
construction or reconstruction commenced after July 22, 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.
    (e) You must meet the notification requirements in Sec.  63.8480 
according to the schedule in Sec.  63.8480 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


Sec.  63.8405  What emission limitations 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.


Sec.  63.8410  What are my options for meeting the emission 
limitations?

    To meet the emission limitations in Tables 1 and 2 to this subpart, 
you must use one or more 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 APCD and demonstrate that the resulting 
emissions or emissions reductions meet the emission limits in Table 1 
to this subpart, and that the capture and collection system and APCD 
meet the applicable operating limits in Table 2 to this subpart.
    (b) Process changes. Use low-HAP raw materials or implement 
manufacturing process changes and demonstrate that the resulting 
emissions or emissions reductions meet the emission limits in Table 1 
to this subpart.

General Compliance Requirements


Sec.  63.8420  What are my general requirements for complying with this 
subpart?

    (a) You must be in compliance with the emission limitations 
(including operating limits) in this subpart at all times, except 
during periods of startup, shutdown, and malfunction and during periods 
of routine control device maintenance 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.  63.8395 and the date upon 
which continuous monitoring systems (CMS) (e.g., continuous parameter 
monitoring systems) have been installed and verified and any applicable 
operating limits have been set, 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.  63.8425.
    (e) If you own or operate an affected kiln and must perform routine 
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 (5) of this section.
    (1) You must request a routine control device maintenance exemption 
from the Administrator. Your request must justify the need for the 
routine maintenance on the control device and the time required to 
accomplish the maintenance activities, describe the maintenance 
activities and the frequency of the maintenance activities, explain why 
the maintenance cannot be accomplished during kiln shutdowns, describe 
how you plan to minimize emissions to the greatest extent possible 
during the maintenance, and provide any other documentation required by 
the Administrator.
    (2) The routine control device maintenance exemption must not 
exceed 4 percent of the annual operating uptime for each kiln.
    (3) The request for the routine control device maintenance 
exemption, if approved by the Administrator, must be incorporated by 
reference in and attached to the affected source's title V permit.
    (4) You must minimize HAP emissions during the period when the kiln 
is operating and the control device is offline.
    (5) You must minimize the time period during which the kiln is 
operating and the control device is offline.
    (f) You must be in compliance with the provisions of subpart A of 
this part, except as noted in Table 7 to this subpart.

[[Page 26724]]

Sec.  63.8425  What do I need to know about operation, maintenance, and 
monitoring plans?

    (a) You must prepare, implement, and revise as necessary an OM&M 
plan that includes the information in paragraph (b) of this section. 
Your OM&M plan must be available for inspection by the permitting 
authority upon request.
    (b) Your OM&M plan must include, as a minimum, the information in 
paragraphs (b)(1) through (13) of this section.
    (1) Each process and APCD to be monitored, the type of monitoring 
device that will be used, and the operating parameters that will be 
monitored.
    (2) A monitoring schedule that specifies the frequency that the 
parameter values will be determined and recorded.
    (3) The limits for each parameter that represent continuous 
compliance with the emission limitations in Sec.  63.8405. The limits 
must be based on values of the monitored parameters recorded during 
performance tests.
    (4) Procedures for the proper operation and routine and long-term 
maintenance of each APCD, including a maintenance and inspection 
schedule that is consistent with the manufacturer's recommendations.
    (5) Procedures for installing the CMS sampling probe or other 
interface at a measurement location relative to each affected process 
unit such that the measurement is representative of control of the 
exhaust emissions (e.g., on or downstream of the last APCD).
    (6) Performance and equipment specifications for the sample 
interface, the pollutant concentration or parametric signal analyzer, 
and the data collection and reduction system.
    (7) Continuous monitoring system performance evaluation procedures 
and acceptance criteria (e.g., calibrations).
    (8) Procedures for the proper operation and maintenance of 
monitoring equipment consistent with the requirements in Sec. Sec.  
63.8450 and 63.8(c)(1), (3), (4)(ii), (7), and (8).
    (9) Continuous monitoring system data quality assurance procedures 
consistent with the requirements in Sec.  63.8(d).
    (10) Continuous monitoring system recordkeeping and reporting 
procedures consistent with the requirements in Sec.  63.10(c), (e)(1), 
and (e)(2)(i).
    (11) Procedures for responding to operating parameter deviations, 
including the procedures in paragraphs (b)(11)(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 corrective actions were initiated and completed.
    (12) Procedures for keeping records to document compliance.
    (13) If you operate an affected kiln and you plan to take the kiln 
control device out of service for routine maintenance, as specified in 
Sec.  63.8420(e), the procedures specified in paragraphs (b)(13)(i) and 
(ii) of this section.
    (i) Procedures for minimizing HAP emissions from the kiln during 
periods of routine maintenance of the kiln control device when the kiln 
is operating and the control device is offline.
    (ii) Procedures for minimizing the duration of any period of 
routine maintenance on the kiln control device when the kiln is 
operating and the control device is offline.
    (c) 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 (c)(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).
    (d) If you are revising the inspection and maintenance procedures 
in your OM&M plan, you do not need to conduct a new performance test.

Testing and Initial Compliance Requirements


Sec.  63.8435  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.  63.8395 
and according to the provisions in Sec.  63.7(a)(2).


Sec.  63.8440  When must I conduct subsequent performance tests?

    (a) You must conduct a performance test before renewing your 40 CFR 
part 70 operating permit or at least every 5 years following the 
initial performance test.
    (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.


Sec.  63.8445  How do I conduct performance tests and establish 
operating limits?

    (a) You must conduct each performance test in Table 3 to this 
subpart that applies to you.
    (b) Before conducting the performance test, you must install and 
calibrate 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 3 
to this subpart.
    (d) You must test while operating at the maximum production level.
    (e) You may not conduct performance tests during periods of 
startup, shutdown, or malfunction, as specified in Sec.  63.7(e)(1).
    (f) You must conduct at least three separate test runs for each 
performance test required in this section, as specified in Sec.  
63.7(e)(3). Each test run must last at least 1 hour.
    (g) You must use the data gathered during the performance test and 
the equations in paragraphs (g)(1) and (2) of this section to determine 
compliance with the emission limitations.
    (1) To determine compliance with the production-based hydrogen 
fluoride (HF), hydrogen chloride (HCl), and particulate matter (PM) 
emission limits in Table 1 to this subpart, you must calculate your 
mass emissions per unit of production for each test run using Equation 
1 of this section:
[GRAPHIC][TIFF OMITTED]TR16MY03.000



Where:

    MP=mass per unit of production, kilograms (pounds) of pollutant per 
megagram (ton) of fired product
    ER=mass emission rate of pollutant (HF, HCl, or PM) during each 
performance test run, kilograms (pounds) per hour
    P=production rate during each performance test run, megagrams 
(tons) of fired product per hour.

    (2) To determine compliance with the percent reduction HF and HCl 
emission limits in Table 1 to this subpart, you must calculate the 
percent reduction for each test run using Equation 2 of this section:
[GRAPHIC][TIFF OMITTED]TR16MY03.001


Where:

    PR=percent reduction, percent
    ERi=mass emission rate of specific HAP (HF or HCl) 
entering the

[[Page 26725]]

APCD, kilograms (pounds) per hour
    ERo=mass emission rate of specific HAP (HF or HCl) 
exiting the APCD, kilograms (pounds) per hour.

    (h) You must establish each site-specific operating limit in Table 
2 to this subpart that applies to you as specified in Table 3 to this 
subpart.
    (i) For each affected kiln that is equipped with an 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) and (2) of this section.
    (1) Submit a request for approval of alternative monitoring 
procedures to the Administrator no later than the notification of 
intent to conduct a performance test. The request must contain the 
information specified in paragraphs (i)(1)(i) through (iv) of this 
section.
    (i) A description of the alternative APCD or process changes.
    (ii) The type of monitoring device or procedure that will be used.
    (iii) The operating parameters that will be monitored.
    (iv) The frequency that the operating parameter values will be 
determined and recorded to establish continuous compliance with the 
operating limits.
    (2) Establish site-specific operating limits during the performance 
test based on the information included in the approved alternative 
monitoring procedures request and, as applicable, as specified in Table 
3 to this subpart.


Sec.  63.8450  What are my monitoring installation, operation, and 
maintenance requirements?

    (a) You must install, operate, and maintain each CMS according to 
your OM&M plan and the requirements in paragraphs (a)(1) through (5) of 
this section.
    (1) Conduct a performance evaluation of each CMS according to your 
OM&M plan.
    (2) The CMS must 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 if you collect more than four data values per hour) 
for that hour (not including startup, shutdown, malfunction, out-of-
control periods, or periods of routine control device maintenance 
covered by a routine control device maintenance exemption as specified 
in Sec.  63.8420(e)).
    (3) Determine and record the 3-hour block averages of all recorded 
readings, calculated after every 3 hours of operation as the average of 
the previous 3 operating hours. To calculate the average for each 3-
hour average period, you must have at least 75 percent of the recorded 
readings for that period (not including startup, shutdown, malfunction, 
out-of-control periods, or periods of routine control device 
maintenance covered by a routine control device maintenance exemption 
as specified in Sec.  63.8420(e)).
    (4) Record the results of each inspection, calibration, and 
validation check.
    (5) At all times, maintain the monitoring equipment including, but 
not limited to, maintaining necessary parts for routine repairs of the 
monitoring equipment.
    (b) For each liquid flow measurement device, you must meet the 
requirements in paragraphs (a)(1) through (5) and paragraphs (b)(1) 
through (3) of this section.
    (1) Locate the flow sensor in a position that provides a 
representative flowrate.
    (2) Use a flow sensor with a minimum measurement sensitivity of 2 
percent of the liquid flowrate.
    (3) At least semiannually, conduct a flow sensor calibration check.
    (c) For each pressure measurement device, you must meet the 
requirements in paragraphs (a)(1) through (5) and paragraphs (c)(1) 
through (7) of this section.
    (1) Locate the pressure sensor(s) in or as close to a position that 
provides a representative measurement of the pressure.
    (2) Minimize or eliminate pulsating pressure, vibration, and 
internal and external corrosion.
    (3) Use a gauge with a minimum measurement sensitivity of 0.5 inch 
of water or a transducer with a minimum measurement sensitivity of 1 
percent of the pressure range.
    (4) Check the pressure tap daily to ensure that it is not plugged.
    (5) Using a manometer, check gauge calibration quarterly and 
transducer calibration monthly.
    (6) Any time the sensor exceeds the manufacturer's specified 
maximum operating pressure range, conduct calibration checks or install 
a new pressure sensor.
    (7) At least monthly, inspect all components for integrity, all 
electrical connections for continuity, and all mechanical connections 
for leakage.
    (d) For each pH measurement device, you must meet the requirements 
in paragraphs (a)(1) through (5) and paragraphs (d)(1) through (4) of 
this section.
    (1) Locate the pH sensor in a position that provides a 
representative measurement of pH.
    (2) Ensure the sample is properly mixed and representative of the 
fluid to be measured.
    (3) Check the pH meter's calibration on at least two points every 8 
hours of process operation.
    (4) At least monthly, inspect all components for integrity and all 
electrical connections for continuity.
    (e) For each bag leak detection system, you must meet the 
requirements in paragraphs (e)(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). This 
document is available from the U.S. Environmental Protection Agency 
(U.S. EPA); Office of Air Quality Planning and Standards; Emissions, 
Monitoring and Analysis Division; Emission Measurement Center (MD-19), 
Research Triangle Park, NC 27711. This document is also available on 
the Technology Transfer Network (TTN) under Emission Measurement Center 
Continuous Emission Monitoring. 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 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 audible 
alarm system that will sound automatically when an increase in relative 
PM emissions over a preset level is detected. The alarm must be located 
where it is easily heard 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.

[[Page 26726]]

    (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 sensitivity or 
range, averaging period, alarm set points, or alarm delay time may not 
be adjusted except as detailed in your OM&M plan. In no case may the 
sensitivity be increased by more than 100 percent or decreased 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. Record each adjustment.
    (11) Record the results of each inspection, calibration, and 
validation check.
    (f) For each lime or chemical feed rate measurement device, you 
must meet the requirements in paragraphs (a)(1) through (5) and 
paragraphs (f)(1) and (2) of this section.
    (1) Locate the measurement device in a position that provides a 
representative feed rate measurement.
    (2) At least semiannually, conduct a calibration check.
    (g) For each limestone feed system on a DLA, you must meet the 
requirements in paragraphs (a)(1),(4), and (5) of this section and must 
ensure on a monthly basis that the feed system replaces limestone at 
least as frequently as the schedule set during the performance test.
    (h) Requests for approval of alternate monitoring procedures must 
meet the requirements in Sec. Sec.  63.8445(i) and 63.8(f).


Sec.  63.8455  How do I demonstrate initial compliance with the 
emission limitations?

    (a) You must demonstrate initial compliance with each emission 
limitation that applies to you according to Table 4 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 in 
Sec.  63.8445 and Table 3 to this subpart.
    (c) You must submit the Notification of Compliance Status 
containing the results of the initial compliance demonstration 
according to the requirements in Sec.  63.8480(e).

Continuous Compliance Requirements


Sec.  63.8465  How do I monitor and collect data to demonstrate 
continuous compliance?

    (a) You must monitor and collect data according to this section.
    (b) Except for periods of monitor malfunctions, associated repairs, 
and required quality assurance or control activities (including, as 
applicable, calibration checks and required zero and span adjustments), 
you must monitor continuously (or collect data at all required 
intervals) at all times that the affected source is operating. This 
includes periods of startup, shutdown, malfunction, and routine control 
device maintenance as specified in Sec.  63.8420(e) when the affected 
source is operating.
    (c) You may not use data recorded during monitoring malfunctions, 
associated repairs, out-of-control periods, or required quality 
assurance or control activities for purposes of calculating data 
averages. A monitoring malfunction is any sudden, infrequent, not 
reasonably preventable failure of the monitoring system to provide 
valid data. Monitoring failures that are caused in part by poor 
maintenance or careless operation are not malfunctions. You must use 
all the valid data collected during all other periods in assessing 
compliance. Any averaging period for which you do not have valid 
monitoring data and such data are required constitutes a deviation from 
the monitoring requirements.


Sec.  63.8470  How do I demonstrate continuous compliance with the 
emission limitations?

    (a) You must demonstrate continuous compliance with each emission 
limit and operating limit in Tables 1 and 2 to this subpart that 
applies to you according to the methods specified in Table 5 to this 
subpart.
    (b) For each affected kiln that is equipped with an 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.  63.8445(i)(2) according to the methods specified 
in your approved alternative monitoring procedures request, as 
described in Sec. Sec.  63.8445(i)(1) and 63.8(f).
    (c) 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, malfunction, and 
routine control device maintenance. These instances are deviations from 
the emission limitations in this subpart. These deviations must be 
reported according to the requirements in Sec.  63.8485.
    (d) During periods of startup, shutdown, and malfunction, you must 
operate according to your SSMP.
    (e) 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 an SSMP that satisfies the requirements 
of Sec.  63.6(e) 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).
    (f) Deviations that occur during periods of control device 
maintenance covered by an approved routine control device maintenance 
exemption according to Sec.  63.8420(e) are not violations if you 
demonstrate to the Administrator's satisfaction that you were operating 
in accordance with the approved routine control device maintenance 
exemption.
    (g) You must demonstrate continuous compliance with the operating 
limits in Table 2 to this subpart for visible emissions (VE) from 
tunnel kilns equipped with DLA, DIFF, or DLS/FF by monitoring VE at 
each kiln stack according to the requirements in paragraphs (g)(1) 
through (3) of this section.
    (1) Perform daily VE observations of each kiln stack according to 
the procedures of Method 22 of 40 CFR part 60, appendix A. You must 
conduct the Method 22 test while the affected source is operating under 
normal conditions. The duration of each Method 22 test must be at least 
15 minutes.
    (2) If VE are observed during any daily test conducted using Method 
22 of 40 CFR part 60, appendix A, you must promptly initiate and 
complete corrective actions according to your OM&M plan. If no VE are 
observed in 30 consecutive daily Method 22 tests for any kiln stack, 
you may decrease the frequency of Method 22 testing from daily to 
weekly for that kiln stack. If VE are observed during any weekly test, 
you must promptly initiate and complete corrective actions according to 
your OM&M plan, resume Method 22 testing of that kiln stack on a daily 
basis, and maintain that schedule until no VE are observed in 30 
consecutive daily tests, at which time you may again decrease the 
frequency of Method 22 testing to a weekly basis.
    (3) If VE are observed during any test conducted using Method 22 of 
40 CFR part 60, appendix A, you must report these deviations by 
following the requirements in Sec.  63.8485.

[[Page 26727]]

Notifications, Reports, and Records


Sec.  63.8480  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), (g)(1), 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 May 16, 2003, you must submit an Initial 
Notification not later than 120 calendar days after May 16, 2003.
    (c) As specified in Sec.  63.9(b)(3), if you start up your new or 
reconstructed affected source on or after May 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 intent to conduct a 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 as specified 
in Table 3 to this subpart, 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 3 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) and (ii) 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) For each APCD that includes a fabric filter, if a bag leak 
detection system is used, analysis and supporting documentation 
demonstrating conformance with EPA guidance and specifications for bag 
leak detection systems in Sec.  63.8450(e).
    (f) If you request a routine control device maintenance exemption 
according to Sec.  63.8420(e), you must submit your request for the 
exemption no later than 30 days before the compliance date.


Sec.  63.8485  What reports must I submit and when?

    (a) You must submit each report in Table 6 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 6 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.  
63.8395 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, 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.
    (c) The compliance report must contain the information in 
paragraphs (c)(1) through (7) 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) A description of control device maintenance performed while the 
control device was offline and the kiln controlled by the control 
device was operating, including the information specified in paragraphs 
(c)(5)(i) through (iii) of this section.
    (i) The date and time when the control device was shutdown and 
restarted.
    (ii) Identification of the kiln that was operating and the number 
of hours that the kiln operated while the control device was offline.
    (iii) A statement of whether or not the control device maintenance 
was included in your approved routine control device maintenance 
exemption developed as specified in Sec.  63.8420(e). If the control 
device maintenance was included in your approved routine control device 
maintenance exemption, then you must report the information in 
paragraphs (c)(5)(iii)(A) through (C) of this section.
    (A) The total amount of time that the kiln controlled by the 
control device operated during the current semiannual compliance period 
and during the previous semiannual compliance period.
    (B) The amount of time that each kiln controlled by the control 
device operated while the control device was offline for maintenance 
covered under the routine control device maintenance exemption during 
the current semiannual compliance period and during the previous 
semiannual compliance period.
    (C) Based on the information recorded under paragraphs 
(c)(5)(iii)(A) and (B) of this section, compute the annual percent of 
kiln operating uptime during which the control device was offline for 
routine maintenance using Equation 1 of this section.
[GRAPHIC][TIFF OMITTED]TR16MY03.002


Where:

    RM=Annual percentage of kiln uptime during which control device was 
offline for routine control device maintenance
    DTp=Control device downtime claimed under the routine 
control device maintenance exemption for the previous semiannual 
compliance period
    DTc=Control device downtime claimed under the routine 
control device maintenance exemption for the current semiannual 
compliance period

[[Page 26728]]

    KUp=Kiln uptime for the previous semiannual compliance 
period
    KUc=Kiln uptime for the current semiannual compliance 
period

    (6) If there are no deviations from any emission limitations 
(emission limits or operating limits) that apply to you, the compliance 
report must contain a statement that there were no deviations from the 
emission limitations during the reporting period.
    (7) If there were no periods during which the CMS was out-of-
control as specified in your OM&M plan, the compliance report must 
contain a statement that there were no periods during which the CMS was 
out-of-control during the reporting period.
    (d) For each deviation from an emission limitation (emission limit 
or operating limit) that occurs at an affected source where you are not 
using a CMS to comply with the emission limitations in this subpart, 
the compliance report must contain the information in paragraphs (c)(1) 
through (5) and paragraphs (d)(1) and (2) of this section. This 
includes periods of startup, shutdown, malfunction, and routine control 
device maintenance.
    (1) The total operating time of each affected source during the 
reporting period.
    (2) Information on the number, duration, and cause of deviations 
(including unknown cause, if applicable), as applicable, and the 
corrective action taken.
    (e) For each deviation from an emission limitation (emission limit 
or operating limit) occurring at an affected source where you are using 
a CMS to comply with the emission limitations in this subpart, you must 
include the information in paragraphs (c)(1) through (5) and paragraphs 
(e)(1) through (13) of this section. This includes periods of startup, 
shutdown, malfunction, and routine control device maintenance.
    (1) The total operating time of each affected source during the 
reporting period.
    (2) The date and time that each malfunction started and stopped.
    (3) The date and time that each CMS was inoperative, except for 
zero (low-level) and high-level checks.
    (4) The date, time, and duration that each CMS was out-of-control, 
including the pertinent information in your OM&M plan.
    (5) The date and time that each deviation started and stopped, and 
whether each deviation occurred during a period of startup, shutdown, 
or malfunction; during routine control device maintenance covered in 
your approved routine control device maintenance exemption; or during 
another period.
    (6) A description of corrective action taken in response to a 
deviation.
    (7) A summary of the total duration of the deviation during the 
reporting period and the total duration as a percent 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 were due to startup, shutdown, control 
equipment problems, process problems, other known causes, and other 
unknown causes.
    (9) A summary of the total duration of CMS downtime during the 
reporting period and the total duration of CMS downtime as a percent of 
the total source operating time during that reporting period.
    (10) A brief description of the process units.
    (11) A brief description of the CMS.
    (12) The date of the latest CMS certification or audit.
    (13) A description of any changes in CMS, processes, or control 
equipment since the last reporting period.
    (f) If you have obtained a title V operating permit according 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 6 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 permitting 
authority.


Sec.  63.8490  What records must I keep?

    (a) You must keep the records listed in paragraphs (a)(1) through 
(4) 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).
    (4) Records relating to control device maintenance and 
documentation of your approved routine control device maintenance 
exemption, if you request such an exemption under Sec.  63.8420(e).
    (b) You must keep the records required in Table 5 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 (6) of this section.
    (1) 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.
    (2) For each deviation of an operating limit parameter value, the 
date, time, 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.
    (3) For each affected source, records of production rates on a 
fired-product basis.
    (4) Records for any approved alternative monitoring or test 
procedures.
    (5) Records of maintenance and inspections performed on the APCD.
    (6) Current copies of your SSMP and OM&M plan, including any 
revisions, with records documenting conformance.


Sec.  63.8495  In what form and for 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.  63.8505  What parts of the General Provisions apply to me?

    Table 7 to this subpart shows which parts of the General Provisions 
in Sec. Sec.  63.1 through 63.15 apply to you.

[[Page 26729]]

Sec.  63.8510  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by us, the U.S. 
EPA, or a delegated authority such as your State, local, or tribal 
agency. If the U.S. EPA Administrator has delegated authority to your 
State, local, or tribal agency, then that agency, 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 of this subpart is delegated to your 
State, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under section 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.  63.8385 and 63.8390, the compliance date requirements in 
Sec.  63.8395, and the non-opacity emission limitations in Sec.  
63.8405.
    (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.  63.8515  What definitions apply to this subpart?

    Terms used in this subpart are defined in the Clean Air Act, in 
Sec.  63.2, and in this section as follows:
    Air pollution control device (APCD) means any equipment that 
reduces the quantity of a pollutant that is emitted to the air.
    Bag leak detection system means an instrument that is capable of 
monitoring PM 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.
    Brick and structural clay products (BSCP) manufacturing facility 
means a plant site that manufactures brick (including, but not limited 
to, face brick, structural brick, and brick pavers); clay pipe; roof 
tile; extruded floor and wall tile; and/or other extruded, dimensional 
clay products. Brick and structural clay products manufacturing 
facilities typically process raw clay and shale, form the processed 
materials into bricks or shapes, and dry and fire the bricks or shapes.
    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 
(including any 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 (including any 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 lime injection fabric filter (DIFF) means an APCD 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 APCD that 
includes continuous injection of humidified hydrated lime or other 
sorbent into a reaction chamber followed by a fabric filter. These 
systems typically include recirculation of some of the sorbent.
    Dry limestone adsorber (DLA) means an APCD 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 emission limit or operating limit.
    Fabric filter means an APCD used to capture PM by filtering a gas 
stream through filter media; also known as a baghouse.
    Initial startup means:
    (1) For a new or reconstructed tunnel kiln controlled with a DLA, 
and for a tunnel kiln that would be considered reconstructed but for 
Sec.  63.8390(i)(1) or Sec.  63.8390(i)(2), the time at which the 
temperature in the kiln first reaches 260 [deg]C (500 [deg]F) and the 
kiln contains product; or
    (2) For a new or reconstructed tunnel kiln controlled with a DIFF, 
DLS/FF, or WS, the time at which the kiln first reaches a level of 
production that is equal to 75 percent of the kiln design capacity or 
12 months after the affected source begins firing BSCP, whichever is 
earlier.
    Kiln exhaust process stream means the portion of the exhaust from a 
tunnel kiln that exhausts directly to the atmosphere (or to an APCD), 
rather than to a sawdust dryer.
    Large tunnel kiln means a tunnel kiln (existing, new, or 
reconstructed) with a design capacity equal to or greater than 9.07 Mg/
hr (10 tph) of fired product.
    Particulate matter (PM) means, for purposes of this subpart, 
emissions of PM that serve as a measure of total particulate emissions, 
as measured by Method 5 (40 CFR part 60, appendix A), and as a 
surrogate for metal HAP contained in the particulates including, but 
not limited to, antimony, arsenic, beryllium, cadmium, chromium, 
cobalt, lead, manganese, mercury, nickel, and selenium.
    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.
    Research and development kiln means any kiln 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.
    Responsible official means responsible official as defined in 40 
CFR 70.2.
    Small tunnel kiln means a tunnel kiln (existing, new, or 
reconstructed) with a design capacity less than 9.07 Mg/hr (10 tph) of 
fired product.
    Startup means the setting in operation of an affected source and 
starting the production process.
    Tunnel kiln means any continuous kiln that is used to fire BSCP. 
Some tunnel kilns have two process streams, including a process stream 
that exhausts directly to the atmosphere or to an APCD, and a process 
stream in which the kiln exhaust is ducted to a sawdust dryer where it 
is used to dry sawdust before being emitted to the atmosphere.
    Tunnel kiln design capacity means the maximum amount of brick, in 
Mg (tons), that a kiln is designed to produce in one year divided by 
the number of hours in a year (8,760 hours). If a kiln is modified to 
increase the capacity, the design capacity is considered to be the 
capacity following modifications.
    Wet scrubber (WS) means an APCD that uses water, which may include 
caustic additives or other chemicals, as the sorbent. Wet scrubbers may 
use any

[[Page 26730]]

of various design mechanisms to increase the contact between exhaust 
gases and the sorbent.

Tables to Subpart JJJJJ of Part 63

    As stated in Sec.  63.8405, you must meet each emission limit in 
the following table that applies to you:

          Table 1 to Subpart JJJJJ of Part 63.--Emission Limits
------------------------------------------------------------------------
                                   You must meet the  Or you must comply
         For each . . .           following emission  with the following
                                     limits . . .            . . .
------------------------------------------------------------------------
1. Existing large tunnel kiln     a. HF emissions     Reduce
 (design capacity =10   must not exceed     uncontrolled HF
 tph of fired product),            0.029 kilograms     emissions by at
 excluding any process stream      per megagram (kg/   least 90 percent.
 that is ducted to a sawdust       Mg) (0.057 pounds  ..................
 dryer prior to July 22, 2002;     per ton (lb/ton))  Reduce
 or including any process stream   of fired product.   uncontrolled HCl
 that exhausts directly to the    b. HCl emissions     emissions by at
 atmosphere or to an APCD and      must not exceed     least 30 percent.
 any process stream that is        0.13 kg/Mg (0.26   Not applicable.
 first ducted to a sawdust on or   lb/ton) of fired
 after July 22, 2002; each new     product.
 or reconstructed small tunnel    c. PM emissions
 kiln (design capacity <10 tph     must not exceed
 of fired product), including      0.21 kg/Mg (0.42
 all process streams; each         lb/ton) of fired
 tunnel kiln that would be         product.
 considered reconstructed but
 for Sec.   63.8390(i)(1),
 including all process streams;
 and each large tunnel kiln
 previously equipped with a DLA
 that would be considered
 reconstructed but for Sec.
 63.8390(i)(2), including all
 process streams.
2. New or reconstructed large     a. HF emissions     Reduce
 tunnel kiln, including all        must not exceed     uncontrolled HF
 process streams.                  0.029 kg/Mg         emissions by at
                                   (0.057 lb/ton) of   least 90 percent.
                                   fired product.
                                  b. HCl emissions    Reduce
                                   must not exceed     uncontrolled HCl
                                   0.028 kg/Mg         emissions by at
                                   (0.056 lb/ton) of   least 85 percent.
                                   fired product.
                                  c. PM emissions     Not applicable.
                                   must not exceed
                                   0.060 kg/Mg (0.12
                                   lb/ton) of fired
                                   product.
------------------------------------------------------------------------

    As stated in Sec.  63.8405, you must meet each operating limit in 
the following table that applies to you:m

         Table 2 to Subpart JJJJJ of Part 63.--Operating Limits
------------------------------------------------------------------------
           For each . . .                       You must . . .
------------------------------------------------------------------------
1. Kiln equipped with a DLA........  a. Maintain the average pressure
                                      drop across the DLA for each 3-
                                      hour block period at or above the
                                      average pressure drop established
                                      during the performance test; and
                                     b. Maintain an adequate amount of
                                      limestone in the limestone hopper,
                                      storage bin (located at the top of
                                      the DLA), and DLA at all times;
                                      maintain the limestone feeder
                                      setting at or above the level
                                      established during the performance
                                      test; and
                                     c. Use the same grade of limestone
                                      from the same source as was used
                                      during the performance test;
                                      maintain records of the source and
                                      grade of limestone; and
                                     d. Maintain no VE from the DLA
                                      stack.
2. Kiln equipped with a DIFF or DLS/ a. If you use a bag leak detection
 FF.                                  system, initiate corrective action
                                      within 1 hour of a bag leak
                                      detection system alarm and
                                      complete corrective actions in
                                      accordance with your OM&M plan;
                                      operate and maintain the fabric
                                      filter such that the alarm is not
                                      engaged for more than 5 percent of
                                      the total operating time in a 6-
                                      month block reporting period; or
                                      maintain no VE from the DIFF or
                                      DLS/FF stack; and
                                     b. Maintain free-flowing lime in
                                      the feed hopper or silo and to the
                                      APCD at all times for continuous
                                      injection systems; maintain the
                                      feeder setting at or above the
                                      level established during the
                                      performance test for continuous
                                      injection systems.
3. Kiln equipped with a WS.........  a. Maintain the average scrubber
                                      pressure drop for each 3-hour
                                      block period at or above the
                                      average pressure drop established
                                      during the performance test; and
                                     b. Maintain the average scrubber
                                      liquid pH for each 3-hour block
                                      period at or above the average
                                      scrubber liquid pH established
                                      during the performance test; and
                                     c. Maintain the average scrubber
                                      liquid flow rate for each 3-hour
                                      block period at or above the
                                      average scrubber liquid flow rate
                                      established during the performance
                                      test; and
                                     d. If chemicals are added to the
                                      scrubber water, maintain the
                                      average scrubber chemical feed
                                      rate for each 3-hour block period
                                      at or above the average scrubber
                                      chemical feed rate established
                                      during the performance test.
------------------------------------------------------------------------


[[Page 26731]]

    As stated in Sec.  63.8445, you must conduct each performance test 
in the following table that applies to you:

                    Table 3 to Subpart JJJJJ of Part 63.--Requirements for Performance Tests
----------------------------------------------------------------------------------------------------------------
                                                                                             According to the
            For each . . .                  You must . . .            Using . . .         following requirements
                                                                                                  . . .
----------------------------------------------------------------------------------------------------------------
1. Kiln..............................  a. Select locations of   Method 1 or 1A of 40     Sampling sites must be
                                        sampling ports and the   CFR part 60, appendix    located at the outlet
                                        number of traverse       A.                       of the APCD and prior
                                        points.                                           to any releases to the
                                                                                          atmosphere for all
                                                                                          affected sources. If
                                                                                          you choose to meet the
                                                                                          percent emission
                                                                                          reduction requirements
                                                                                          for HF or HCl, a
                                                                                          sampling site must
                                                                                          also be located at the
                                                                                          APCD inlet.
                                       b. Determine velocities  Method 2 of 40 CFR part  You may use Method 2A,
                                        and volumetric flow      60, appendix A.          2C, 2D, 2F, or 2G of
                                        rate.                                             40 CFR part 60,
                                                                                          appendix A, as
                                                                                          appropriate, as an
                                                                                          alternative to using
                                                                                          Method 2 of 40 CFR
                                                                                          part 60, appendix A.
                                       c. Conduct gas           Method 3 of 40 CFR part  You may use Method 3A
                                        molecular weight         60, appendix A.          or 3B of 40 CFR part
                                        analysis.                                         60, appendix A, as
                                                                                          appropriate, as an
                                                                                          alternative to using
                                                                                          Method 3 of 40 CFR
                                                                                          part 60, appendix A.
                                       d. Measure moisture      Method 4 of 40 CFR part  .......................
                                        content of the stack     60, appendix A.
                                        gas.
                                       e. Measure HF and HCl    Method 26A of 40 CFR     Conduct the test while
                                        emissions.               part 60, appendix A;     operating at the
                                                                 or                       maximum production
                                                                                          level. You may use
                                                                                          Method 26 of 40 CFR
                                                                                          part 60, appendix A,
                                                                                          as an alternative to
                                                                                          using Method 26A of 40
                                                                                          CFR part 60, appendix
                                                                                          A, when no acid PM
                                                                                          (e.g., HF or HCl
                                                                                          dissolved in water
                                                                                          droplets emitted by
                                                                                          sources controlled by
                                                                                          a WS) is present.
                                                                Method 320 of 40 CFR     Conduct the test while
                                                                 part 63, appendix A.     operating at the
                                                                                          maximum production
                                                                                          level. When using
                                                                                          Method 320 of 40 CFR
                                                                                          part 63, appendix A,
                                                                                          you must follow the
                                                                                          analyte spiking
                                                                                          procedures of section
                                                                                          13 of Method 320 of 40
                                                                                          CFR part 63, appendix
                                                                                          A, unless you can
                                                                                          demonstrate that the
                                                                                          complete spiking
                                                                                          procedure has been
                                                                                          conducted at a similar
                                                                                          source.
                                       f. Measure PM            Method 5 of 40 CFR part  Conduct the test while
                                        emissions.               60, appendix A.          operating at the
                                                                                          maximum production
                                                                                          level.
2. Kiln that is complying with         Determine the            Production data          You must measure and
 production-based emission limits.      production rate during   collected during the     record the production
                                        each test run in order   performance tests        rate, on a fired-
                                        to determine             (e.g., no. of pushes     product basis, of the
                                        compliance with          per hour, no. of         affected source for
                                        production-based         bricks per kiln car,     each of the three test
                                        emission limits.         weight of a typical      runs.
                                                                 fired brick).
3. Kiln equipped with a DLA..........  a. Establish the         Data from the pressure   You must continuously
                                        operating limit for      drop measurement         measure the pressure
                                        the average pressure     device during the        drop across the DLA,
                                        drop across the DLA.     performance test.        determine and record
                                                                                          the block average
                                                                                          pressure drop values
                                                                                          for the three test
                                                                                          runs, and determine
                                                                                          and record the 3-hour
                                                                                          block average of the
                                                                                          recorded pressure drop
                                                                                          measurements for the
                                                                                          three test runs.

[[Page 26732]]

 
                                       b. Establish the         Data from the limestone  You must ensure that
                                        operating limit for      feeder during the        you maintain an
                                        the limestone feeder     performance test.        adequate amount of
                                        setting.                                          limestone in the
                                                                                          limestone hopper,
                                                                                          storage bin (located
                                                                                          at the top of the
                                                                                          DLA), and DLA at all
                                                                                          times during the
                                                                                          performance test. You
                                                                                          must establish your
                                                                                          limestone feeder
                                                                                          setting one week prior
                                                                                          to the performance
                                                                                          test and maintain the
                                                                                          feeder setting for the
                                                                                          one-week period that
                                                                                          precedes the
                                                                                          performance test and
                                                                                          during the performance
                                                                                          test.
                                       c. Document the source   Records of limestone
                                        and grade of limestone   purchase.
                                        used.
4. Kiln equipped with a DIFF or DLS/   Establish the operating  Data from the lime       For continuous lime
 FF.                                    limit for the lime       feeder during the        injection systems, you
                                        feeder setting.          performance test.        must ensure that lime
                                                                                          in the feed hopper or
                                                                                          silo and to the APCD
                                                                                          is free-flowing at all
                                                                                          times during the
                                                                                          performance test and
                                                                                          record the feeder
                                                                                          setting for the three
                                                                                          test runs. If the feed
                                                                                          rate setting varies
                                                                                          during the three test
                                                                                          runs, determine and
                                                                                          record the average
                                                                                          feed rate from the
                                                                                          three test runs.
5. Kiln equipped with a WS...........  a. Establish the         Data from the pressure   You must continuously
                                        operating limit for      drop measurement         measure the scrubber
                                        the average scrubber     device during the        pressure drop,
                                        pressure drop.           performance test.        determine and record
                                                                                          the block average
                                                                                          pressure drop values
                                                                                          for the three test
                                                                                          runs, and determine
                                                                                          and record the 3-hour
                                                                                          block average of the
                                                                                          recorded pressure drop
                                                                                          measurements for the
                                                                                          three test runs.
                                       b. Establish the         Data from the pH         You must continuously
                                        operating limit for      measurement device       measure the scrubber
                                        the average scrubber     during the performace    liquid pH, determine
                                        liquid pH.               test.                    and record the block
                                                                                          average pH values for
                                                                                          the three test runs,
                                                                                          and determine and
                                                                                          record the 3-hour
                                                                                          block average of the
                                                                                          recorded pH
                                                                                          measurements for the
                                                                                          three test runs.
                                       c. Establish the         Data from the flow rate  You must continuously
                                        operating limit for      measurement device       measure the scrubber
                                        the average scrubber     during the performance   liquid flow rate,
                                        liquid flow rate.        test.                    determine and record
                                                                                          the block average flow
                                                                                          rate values for the
                                                                                          three test runs, and
                                                                                          determine and record
                                                                                          the 3-hour block
                                                                                          average of the
                                                                                          recorded flow rate
                                                                                          measurements for the
                                                                                          three test runs.
6. Kiln equipped with a WS that        Establish the operating  Data from the chemical   You must continuously
 includes chemical addition to the      limit for the average    feed rate measurement    measure the scrubber
 water.                                 scrubber chemical feed   device during the        chemical feed rate,
                                        rate.                    performance test.        determine and record
                                                                                          the block average
                                                                                          chemical feed rate
                                                                                          values for the three
                                                                                          test runs, and
                                                                                          determine and record
                                                                                          the 3-hour block
                                                                                          average of the
                                                                                          recorded chemical feed
                                                                                          rate measurements for
                                                                                          the three test runs.
----------------------------------------------------------------------------------------------------------------

    As stated in Sec.  63.8455, you must demonstrate initial compliance 
with each emission limitation that applies to you according to the 
following table:

[[Page 26733]]



 Table 4 to Subpart JJJJJ of Part 63.--Initial Compliance with Emission
                               Limitations
------------------------------------------------------------------------
                                                           You have
                                   For the following     demonstrated
         For each . . .                emission       initial compliance
                                   limitation . . .        if . . .
------------------------------------------------------------------------
1. Existing large tunnel kiln     a. HF emissions     i. The HF
 (design capacity =10   must not exceed     emissions
 tph of fired product),            0.029 kg/Mg         measured using
 excluding any process stream      (0.057 lb/ton) of   Method 26A of 40
 that is ducted to a sawdust       fired product; or   CFR part 60,
 dryer prior to July 22, 2002;     uncontrolled HF     appendix A or
 or including any process stream   emissions must be   Method 320 of 40
 that exhausts directly to the     reduced by at       CFR part 63,
 atmosphere or to an APCD and      least 90 percent;   appendix A over
 any process stream that is        and                 the period of the
 first ducted to a sawdust dryer                       initial
 on or after July 22, 2002; each                       performance test,
 new or reconstructed small                            according to the
 tunnel kiln (design capacity                          calculations in
 <10 tph of fired product),                            Sec.
 including all process streams;                        63.8445(g)(1), do
 each tunnel kiln that would be                        not exceed 0.029
 considered reconstructed but                          kg/Mg (0.057 lb/
 for Sec.   63.8390(i)(1),                             ton); or
 including all process streams;                        uncontrolled HF
 and each large tunnel kiln                            emissions
 previously equipped with a DLA                        measured using
 that would be considered                              Method 26A of 40
 reconstructed but for Sec.                            CFR part 60,
 63.8390(i)(2), including all                          appendix A or
 process streams.                                      Method 320 of 40
                                                       CFR part 63,
                                                       appendix A over
                                                       the period of the
                                                       initial
                                                       performance test
                                                       are reduced by at
                                                       least 90 percent,
                                                       according to the
                                                       calculations in
                                                       Sec.
                                                       63.8445(g)(2);
                                                       and
                                                      ii. You establish
                                                       and have a record
                                                       of the operating
                                                       limits listed in
                                                       Table 2 to this
                                                       subpart over the
                                                       3-hour
                                                       performance test
                                                       during which HF
                                                       emissions did not
                                                       exceed 0.029 kg/
                                                       Mg (0.057 lb/ton)
                                                       or uncontrolled
                                                       HF emissions were
                                                       reduced by at
                                                       least 90 percent.
                                  b. HCl emissions    i. The HCl
                                   must not exceed     emissions
                                   0.13 kg/Mg (0.26    measured using
                                   lb/ton) of fired    Method 26A of 40
                                   product; or         CFR part 60,
                                   uncontrolled HCl    appendix A or
                                   emissions must be   Method 320 of 40
                                   reduced by at       CFR part 63,
                                   least 30 percent;   appendix A over
                                   and                 the period of the
                                                       initial
                                                       performance test,
                                                       according to the
                                                       calculations in
                                                       Sec.
                                                       63.8445(g)(1), do
                                                       not exceed 0.13
                                                       kg/Mg (0.26 lb/
                                                       ton); or
                                                       uncontrolled HCl
                                                       emissions
                                                       measured using
                                                       Method 26A of 40
                                                       CFR part 60,
                                                       appendix A or
                                                       Method 320 of 40
                                                       CFR part 63,
                                                       appendix A over
                                                       the period of the
                                                       initial
                                                       performance test
                                                       are reduced by at
                                                       least 30 percent,
                                                       according to the
                                                       calculations in
                                                       Sec.
                                                       63.8445(g)(2);
                                                       and
                                                      ii. You establish
                                                       and have a record
                                                       of the operating
                                                       limits listed in
                                                       Table 2 to this
                                                       subpart over the
                                                       3-hour
                                                       performance test
                                                       during which HCl
                                                       emissions did not
                                                       exceed 0.13 kg/Mg
                                                       (0.26 lb/ton) or
                                                       uncontrolled HCl
                                                       emissions were
                                                       reduced by at
                                                       least 30 percent.
                                  c. PM emissions     i. The PM
                                   must not exceed     emissions
                                   0.21 kg/Mg (0.42    measured using
                                   lb/ton) of fired    Method 5 of 40
                                   product.            CFR part 60,
                                                       appendix A, over
                                                       the period of the
                                                       initial
                                                       performance test,
                                                       according to the
                                                       calculations in
                                                       Sec.
                                                       63.8445(g)(1), do
                                                       not exceed 0.21
                                                       kg/Mg (0.42 lb/
                                                       ton); and
                                                      ii. You establish
                                                       and have a record
                                                       of the operating
                                                       limits listed in
                                                       Table 2 to this
                                                       subpart over the
                                                       3-hour
                                                       performance test
                                                       during which PM
                                                       emissions did not
                                                       exceed 0.21 kg/Mg
                                                       (0.42 lb/ton).
2. New or reconstructed large     a. HF emissions     i. The HF
 tunnel kiln, including all        must not exceed     emissions
 process streams.                  0.029 kg/Mg         measured using
                                   (0.057 lb/ton) of   Method 26A of 40
                                   fired product; or   CFR part 60,
                                   uncontrolled HF     appendix A or
                                   emissions must be   Method 320 of 40
                                   reduced by at       CFR part 63,
                                   least 90 percent;   appendix A over
                                   and                 the period of the
                                                       initial
                                                       performance test,
                                                       according to the
                                                       calculations in
                                                       Sec.
                                                       63.8445(g)(1), do
                                                       not exceed 0.029
                                                       kg/Mg (0.057 lb/
                                                       ton); or
                                                       uncontrolled HF
                                                       emissions
                                                       measured using
                                                       Method 26A of 40
                                                       CFR part 60,
                                                       appendix A or
                                                       Method 320 of 40
                                                       CFR part 63,
                                                       appendix A over
                                                       the period of the
                                                       initial
                                                       performance test
                                                       are reduced by at
                                                       least 90 percent,
                                                       according to the
                                                       calculations in
                                                       Sec.
                                                       63.8445(g)(2);
                                                       and

[[Page 26734]]

 
                                                      ii. You establish
                                                       and have a record
                                                       of the operating
                                                       limits listed in
                                                       Table 2 to this
                                                       subpart over the
                                                       3-hour
                                                       performance test
                                                       during which HF
                                                       emissions did not
                                                       exceed 0.029 kg/
                                                       Mg (0.057 lb/ton)
                                                       or uncontrolled
                                                       HF emissions were
                                                       reduced by at
                                                       least 90 percent.
                                  b. HCl emissions    i. The HCl
                                   must not exceed     emissions
                                   0.028 kg/Mg         measured using
                                   (0.056 lb/ton) of   Method 26A of 40
                                   fired product; or   CFR part 60,
                                   uncontrolled HCl    appendix A or
                                   emissions must be   Method 320 of 40
                                   reduced by at       CFR part 63,
                                   least 85 percent;   appendix A over
                                   and                 the period of the
                                                       initial
                                                       performance test,
                                                       according to the
                                                       calculations in
                                                       Sec.
                                                       63.8445(g)(1), do
                                                       not exceed 0.028
                                                       kg/Mg (0.056 lb/
                                                       ton); or
                                                       uncontrolled HCl
                                                       emissions
                                                       measured using
                                                       Method 26A of 40
                                                       CFR part 60,
                                                       appendix A or
                                                       Method 320 of 40
                                                       CFR part 63,
                                                       appendix A over
                                                       the period of the
                                                       initial
                                                       performance test
                                                       are reduced by at
                                                       least 85 percent,
                                                       according to the
                                                       calculations in
                                                       Sec.
                                                       63.8445(g)(2);
                                                       and
                                                      ii. You establish
                                                       and have a record
                                                       of the operating
                                                       limits listed in
                                                       Table 2 to this
                                                       subpart over the
                                                       3-hour
                                                       performance test
                                                       during which HCl
                                                       emissions did not
                                                       exceed 0.028 kg/
                                                       Mg (0.056 lb/ton)
                                                       or uncontrolled
                                                       HCl emissions
                                                       were reduced by
                                                       at least 85
                                                       percent.
                                  c. PM emissions     i. The PM
                                   must not exceed     emissions
                                   0.060 kg/Mg (0.12   measured using
                                   lb/ton) of fired    Method 5 of 40
                                   product.            CFR part 60,
                                                       appendix A, over
                                                       the period of the
                                                       initial
                                                       performance test,
                                                       according to the
                                                       calculations in
                                                       Sec.
                                                       63.8445(g)(1), do
                                                       not exceed 0.060
                                                       kg/Mg (0.12 lb/
                                                       ton); and
                                                      ii. You establish
                                                       and have a record
                                                       of the operating
                                                       limits listed in
                                                       Table 2 to this
                                                       subpart over the
                                                       3-hour
                                                       performance test
                                                       during which PM
                                                       emissions did not
                                                       exceed 0.060 kg/
                                                       Mg (0.12 lb/ton).
------------------------------------------------------------------------

    As stated in Sec.  63.8470, you must demonstrate continuous 
compliance with each emission limit and operating limit that applies to 
you according to the following table:

    Table 5 to Subpart JJJJJ of Part 63.--Continuous Compliance With
                  Emission Limits and Operating Limits
------------------------------------------------------------------------
                                For the following
                                 emission limits    You must demonstrate
        For each . . .            and operating    continuous compliance
                                   limits . . .           by . . .
 
------------------------------------------------------------------------
1. Kiln equipped with a DLA...  Each emission      i. Collecting the DLA
                                 limit in Table 1   pressure drop data
                                 to this subpart    according to Sec.
                                 and each           63.8450(a); reducing
                                 operating limit    the DLA pressure
                                 in Item 1 of       drop data to 3-hour
                                 Table 2 to this    block averages
                                 subpart for        according to Sec.
                                 kilns equipped     63.8450(a);
                                 with a DLA.        maintaining the
                                                    average pressure
                                                    drop across the DLA
                                                    for each 3-hour
                                                    block period at or
                                                    above the average
                                                    pressure drop
                                                    established during
                                                    the performance
                                                    test; and
                                                   ii. Verifying that
                                                    the limestone hopper
                                                    and storage bin
                                                    (located at the top
                                                    of the DLA) contain
                                                    adequate limestone
                                                    by performing a
                                                    daily visual check;
                                                    and
                                                   iii. Recording the
                                                    limestone feeder
                                                    setting daily to
                                                    verify that the
                                                    feeder setting is
                                                    being maintained at
                                                    or above the level
                                                    established during
                                                    the performance
                                                    test; and
                                                   iv. Using the same
                                                    grade of limestone
                                                    from the same source
                                                    as was used during
                                                    the performance
                                                    test; maintaining
                                                    records of the
                                                    source and type of
                                                    limestone; and
                                                   v. Performing VE
                                                    observations of the
                                                    DLA stack at the
                                                    frequency specified
                                                    in Sec.   63.8470(g)
                                                    using Method 22 of
                                                    40 CFR part 60,
                                                    appendix A;
                                                    maintaining no VE
                                                    from the DLA stack.

[[Page 26735]]

 
2. Kiln equipped with a DIFF    Each emission      i. If you use a bag
 or DLS/FF.                      limit in Table 1   leak detection
                                 to this subpart    system, initiating
                                 and each           corrective action
                                 operating limit    within 1 hour of a
                                 in Item 2 of       bag leak detection
                                 Table 2 to this    system alarm and
                                 subpart for        completing
                                 kilns equipped     corrective actions
                                 with DIFF or DLS/  in accordance with
                                 FF.                your OM&M plan;
                                                    operating and
                                                    maintaining the
                                                    fabric filter such
                                                    that the alarm is
                                                    not engaged for more
                                                    than 5 percent of
                                                    the total operating
                                                    time in a 6-month
                                                    block reporting
                                                    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
                                                    is counted as a
                                                    minimum of 1 hour;
                                                    if you take longer
                                                    than 1 hour to
                                                    initiate corrective
                                                    action, the alarm
                                                    time is counted as
                                                    the actual amount of
                                                    time taken by you to
                                                    initiate corrective
                                                    action; or
                                                    performing VE
                                                    observations of the
                                                    DIFF or DLS/FF stack
                                                    at the frequency
                                                    specified in Sec.
                                                    63.8470(g) using
                                                    Method 22 of 40 CFR
                                                    part 60, appendix A;
                                                    maintaining no VE
                                                    from the DIFF or DLS/
                                                    FF stack; and
                                                   ii. Verifying that
                                                    lime is free-flowing
                                                    via a load cell,
                                                    carrier gas/lime
                                                    flow indicator,
                                                    carrier gas pressure
                                                    drop measurement
                                                    system, or other
                                                    system; recording
                                                    all monitor or
                                                    sensor output, and
                                                    if lime is found not
                                                    to be free flowing,
                                                    promptly initiating
                                                    and completing
                                                    corrective actions
                                                    in accordance with
                                                    your OM&M plan;
                                                    recording the feeder
                                                    setting once during
                                                    each shift of
                                                    operation to verify
                                                    that the feeder
                                                    setting is being
                                                    maintained at or
                                                    above the level
                                                    established during
                                                    the performance
                                                    test.
3. Kiln equipped with a WS....  Each emission      i. Collecting the
                                 limit in Table 1   scrubber pressure
                                 to this subpart    drop data according
                                 and each           to Sec.
                                 operating limit    63.8450(a); reducing
                                 in Item 3 of       the scrubber
                                 Table 2 to this    pressure drop data
                                 subpart for        to 3-hour block
                                 kilns equipped     averages according
                                 with WS.           to Sec.
                                                    63.8450(a);
                                                    maintaining the
                                                    average scrubber
                                                    pressure drop for
                                                    each 3-hour block
                                                    period at or above
                                                    the average pressure
                                                    drop established
                                                    during the
                                                    performance test;
                                                    and
                                                   ii. Collecting the
                                                    scrubber liquid pH
                                                    data according to
                                                    Sec.   63.8450(a);
                                                    reducing the
                                                    scrubber liquid pH
                                                    data to 3-hour block
                                                    averages according
                                                    to Sec.
                                                    63.8450(a);
                                                    maintaining the
                                                    average scrubber
                                                    liquid pH for each 3-
                                                    hour block period at
                                                    or above the average
                                                    scrubber liquid pH
                                                    established during
                                                    the performance
                                                    test; and
                                                   iii. Collecting the
                                                    scrubber liquid flow
                                                    rate data according
                                                    to Sec.
                                                    63.8450(a); reducing
                                                    the scrubber liquid
                                                    flow rate data to 3-
                                                    hour block averages
                                                    according to Sec.
                                                    63.8450(a);
                                                    maintaining the
                                                    average scrubber
                                                    liquid flow rate for
                                                    each 3-hour block
                                                    period at or above
                                                    the average scrubber
                                                    liquid flow rate
                                                    established during
                                                    the performance
                                                    test; and
                                                   iv. If chemicals are
                                                    added to the
                                                    scrubber water,
                                                    collecting the
                                                    scrubber chemical
                                                    feed rate data
                                                    according to Sec.
                                                    63.8450(a); reducing
                                                    the scrubber
                                                    chemical feed rate
                                                    data to 3-hour block
                                                    averages according
                                                    to Sec.
                                                    63.8450(a);
                                                    maintaining the
                                                    average scrubber
                                                    chemical feed rate
                                                    for each 3-hour
                                                    block period at or
                                                    above the average
                                                    scrubber chemical
                                                    feed rate
                                                    established during
                                                    the performance
                                                    test.
------------------------------------------------------------------------

    As stated in Sec.  63.8485, you must submit each report that 
applies to you according to the following table:

                         Table 6 to Subpart JJJJJ of Part 63.--Requirements for Reports
----------------------------------------------------------------------------------------------------------------
                                                                                      You must submit the report
          You must submit . . .                  The report must contain . . .                   . . .
----------------------------------------------------------------------------------------------------------------
1. A compliance report..................  a. If there are no deviations from any      Semiannually according to
                                           emission limitations (emission limits,      the requirements in Sec.
                                           operating limits) that apply to you, a       63.8485(b).
                                           statement that there were no deviations
                                           from the emission limitations during the
                                           reporting period. If there were no
                                           periods during which the CMS was out-of-
                                           control as specified in your OM&M plan, a
                                           statement that there were no periods
                                           during which the CMS was out- of-control
                                           during the reporting period.

[[Page 26736]]

 
                                          b. If you have a deviation from any         Semiannually according to
                                           emission limitation (emission limit,        the requirements in Sec.
                                           operating limit) during the reporting        63.8485(b).
                                           period, the report must contain the
                                           information in Sec.   63.8485(d) or (e).
                                           If there were periods during which the
                                           CMS was out-of-control, as specified in
                                           your OM&M plan, the report must contain
                                           the information in Sec.   63.8485(e).
                                          c. If you had a startup, shutdown or        Semiannually according to
                                           malfunction during the reporting period     the requirements in Sec.
                                           and you took actions consistent with your    63.8485(b).
                                           SSMP, the compliance report must include
                                           the information in Sec.   63.10(d)(5)(i).
2. An immediate startup, shutdown, and    a. Actions taken for the event according    By fax or telephone within
 malfunction report if you took actions    to the requirements in Sec.                 2 working days after
 during a startup, shutdown, or            63.10(d)(5)(ii).                            starting actions
 malfunction during the reporting period                                               inconsistent with the
 that are not consistent with your SSMP.                                               plan.
                                          b. The information in Sec.                  By letter within 7 working
                                           63.10(d)(5)(ii).                            days after the end of the
                                                                                       event unless you have
                                                                                       made alternative
                                                                                       arrangements with the
                                                                                       permitting authority.
----------------------------------------------------------------------------------------------------------------

    As stated in Sec.  63.8505, you must comply with the General 
Provisions in Sec. Sec.  63.1 through 63.15 that apply to you according 
to the following table:

           Table 7 to Subpart JJJJJ of Part 63.--Applicability of General Provisions to Subpart JJJJJ
----------------------------------------------------------------------------------------------------------------
         Citation                   Subject                 Brief description          Applies to subpart JJJJJ
----------------------------------------------------------------------------------------------------------------
Sec.   63.1...............  Applicability.........  Initial applicability             Yes.
                                                     determination; applicability
                                                     after standard established;
                                                     permit requirements;
                                                     extensions, notifications.
Sec.   63.2...............  Definitions...........  Definitions for part 63           Yes.
                                                     standards.
Sec.   63.3...............  Units and               Units and abbreviations for part  Yes.
                             Abbreviations.          63 standards.
Sec.   63.4...............  Prohibited Activities.  Compliance date; circumvention;   Yes.
                                                     severability.
Sec.   63.5...............  Construction/           Applicability; applications;      Yes.
                             Reconstruction.         approvals.
Sec.   63.6(a)............  Applicability.........  General Provisions (GP) apply     Yes.
                                                     unless compliance extension; GP
                                                     apply to area sources that
                                                     become major.
Sec.   63.6(b)(1)-(4).....  Compliance Dates for    Standards apply at effective      Yes.
                             New and Reconstructed   date; 3 years after effective
                             sources.                date; upon startup; 10 years
                                                     after construction or
                                                     reconstruction commences for
                                                     section 112(f).
Sec.   63.6(b)(5).........  Notification..........  Must notify if commenced          Yes.
                                                     construction or reconstruction
                                                     after proposal.
Sec.   63.6(b)(6).........  [Reserved].
Sec.   63.6(b)(7).........  Compliance Dates for    Area sources that become major    Yes.
                             New and Reconstructed   must comply with major source
                             area Sources That       standards immediately upon
                             Become Major.           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 in       Yes.
                             Existing Sources.       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 major    Yes.
                             Existing area Sources   must comply with major source
                             That Become Major.      standards by date indicated in
                                                     subpart or by equivalent time
                                                     period (for example, 3 years).
Sec.   63.6(d)............  [Reserved].
Sec.   63.6(e)(1)-(2).....  Operation &             Operate to minimize emissions at  Yes.
                             Maintenance.            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  Requirement for startup,          Yes.
                             Malfunction Plan        shutdown, and malfunction (SSM)
                             (SSMP).                 and SSMP; content of SSMP.
Sec.   63.6(f)(1).........  Compliance Except       You must comply with emission     Yes.
                             During SSM.             standards at all times except
                                                     during SSM.
Sec.   63.6(f)(2)-(3).....  Methods for             Compliance based on performance   Yes.
                             Determining             test, operation and maintenance
                             Compliance.             plans, records, inspection.
Sec.   63.6(g)............  Alternative Standard..  Procedures for getting an         Yes.
                                                     alternative standard.
Sec.   63.6(h)............  Opacity/VE Standards..  Requirements for opacity and VE   No, not applicable.
                                                     standards.

[[Page 26737]]

 
Sec.   63.6(i)............  Compliance Extension..  Procedures and criteria for       Yes.
                                                     Administrator to grant
                                                     compliance extension.
Sec.   63.6(j)............  Presidential            President may exempt source       Yes.
                             Compliance Exemption.   category.
Sec.   63.7(a)(1)-(2).....  Performance Test Dates  Dates for conducting initial      Yes.
                                                     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 a       Yes.
                                                     performance test under CAA
                                                     section 114 at any time.
Sec.   63.7(b)(1).........  Notification of         Must notify Administrator 60      Yes.
                             Performance Test.       days before the test.
Sec.   63.7(b)(2).........  Notification of         Must notify Administrator 5 days  Yes.
                             Rescheduling.           before scheduled date of
                                                     rescheduled date.
Sec.   63.7(c)............  Quality Assurance(QA)/  Requirements; test plan approval  Yes.
                             Test Plan.              procedures; performance audit
                                                     requirements; internal and
                                                     external QA procedures for
                                                     testing.
Sec.   63.7(d)............  Testing Facilities....  Requirements for testing          Yes.
                                                     facilities.
Sec.   63.7(e)(1).........  Conditions for          Performance tests must be         No, Sec.   63.8445
                             Conducting              conducted under representative    specifies requirements.
                             Performance Tests.      conditions.
                                                    Cannot conduct performance tests  Yes.
                                                     during SSM; not a violation to
                                                     exceed standard during SSM.
Sec.   63.7(e)(2)-(3).....  Conditions for          Must conduct according to         Yes.
                             Conducting              subpart and EPA test methods
                             Performance Tests.      unless Administrator approves
                                                     alternative; must have at least
                                                     three test runs of at least 1
                                                     hour each; compliance is based
                                                     on arithmetic mean of three
                                                     runs; conditions when data from
                                                     an additional test run can be
                                                     used.
Sec.   63.7(f)............  Alternative Test        Procedures by which               Yes.
                             Method.                 Administrator can grant
                                                     approval to use an alternative
                                                     test method.
Sec.   63.7(g)............  Performance Test Data   Must include raw data in          Yes.
                             Analysis.               performance test report; must
                                                     submit performance test data 60
                                                     days after end of test with the
                                                     notification of compliance
                                                     status.
Sec.   63.7(h)............  Waiver of Tests.......  Procedures for Administrator to   Yes.
                                                     waive performance test.
Sec.   63.8(a)(1).........  Applicability of        Subject to all monitoring         Yes.
                             Monitoring              requirements in subpart.
                             Requirements.
Sec.   63.8(a)(2).........  Performance             Performance Specifications in     Yes.
                             Specifications.         appendix B of 40 CFR part 60
                                                     apply.
Sec.   63.8(a)(3).........  [Reserved]............
Sec.   63.8(a)(4).........  Monitoring with Flares  Requirements for flares in Sec.   No, not applicable.
                                                      63.11 apply.
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 on
                             Systems.                monitoring systems.
Sec.   63.8(c)(1).........  Monitoring System       Maintenance consistent with good  Yes.
                             Operation and           air pollution control practices.
                             Maintenance.
Sec.   63.8(c)(1)(i)......  Routine and             Reporting requirements for SSM    Yes.
                             Predictable SSM.        when action is described in
                                                     SSMP.
Sec.   63.8(c)(1)(ii).....  SSM not in SSMP.......  Reporting requirements for SSM    Yes.
                                                     when action is not described in
                                                     SSMP.
Sec.   63.8(c)(1)(iii)....  Compliance with         How Administrator determines if   Yes.
                             Operation and           source complying with operation
                             Maintenance             and maintenance requirements.
                             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......  Requirements for CMS............  No, Sec.  Sec.   63.8425
                                                                                       and 63.8465 specify
                                                                                       requirements.
Sec.   63.8(c)(5).........  Continuous Opacity      COMS minimum procedures.........  No, not applicable.
                             Monitoring System
                             (COMS) Minimum
                             Procedures.
Sec.   63.8(c)(6).........  CMS Requirements......  Zero and high level calibration   No, Sec.   63.8425
                                                     check requirements.               specifies requirements.
Sec.   63.8(c)(7)-(8).....  CMS Requirements......  Out-of-control periods..........  No, Sec.   63.8425
                                                                                       specifies requirements.
Sec.   63.8(d)............  CMS Quality Control...  Requirements for CMS quality      No, Sec.   63.8425
                                                     control.                          specifies requirements.
Sec.   63.8(e)............  CMS Performance         Requirements for CMS performance  No, Sec.   63.8425
                             Evaluation.             evaluation.                       specifies requirements.
Sec.   63.8(f)(1)-(5).....  Alternative Monitoring  Procedures for Administrator to   Yes.
                             Method.                 approve alternative monitoring.

[[Page 26738]]

 
Sec.   63.8(f)(6).........  Alternative to          Procedures for Administrator to   No, not applicable.
                             Relative Accuracy       approve alternative relative
                             Test.                   accuracy test for continuous
                                                     emissions monitoring systems
                                                     (CEMS).
Sec.   63.8(g)............  Data Reduction........  COMS and CEMS data reduction      No, not applicable.
                                                     requirements.
Sec.   63.9(a)............  Notification            Applicability; State delegation.  Yes.
                             Requirements.
Sec.   63.9(b)............  Initial Notifications.  Requirements for initial          Yes.
                                                     notifications.
Sec.   63.9(c)............  Request for Compliance  Can request if cannot comply by   Yes.
                             Extension.              date or if installed BACT/LAER.
Sec.   63.9(d)............  Notification of         For sources that commence         Yes.
                             Special Compliance      construction between proposal
                             Requirements for New    and promulgation and want to
                             Source.                 comply 3 years after effective
                                                     date.
Sec.   63.9(e)............  Notification of         Notify Administrator 60 days      Yes.
                             Performance Test.       prior.
Sec.   63.9(f)............  Notification of VE/     Notify Administrator 30 days      No, not applicable.
                             Opacity Test.           prior.
Sec.   63.9(g)(1).........  Additional              Notification of performance       Yes.
                             Notifications When      evaluation.
                             Using CMS.
Sec.   63.9(g)(2)-(3).....  Additional              Notification of COMS data use;    No, not applicable.
                             Notifications When      notification that relative
                             Using CMS.              accuracy alternative criterion
                                                     were exceeded.
Sec.   63.9(h)............  Notification of         Contents; submittal requirements  Yes.
                             Compliance Status.
Sec.   63.9(i)............  Adjustment of           Procedures for Administrator to   Yes.
                             Submittal Deadlines.    approve change in when
                                                     notifications must be submitted.
Sec.   63.9(j)............  Change in Previous      Must submit within 15 days after  Yes.
                             Information.            the change.
Sec.   63.10(a)...........  Recordkeeping/          Applicability; general            Yes.
                             Reporting.              information.
Sec.   63.10(b)(1)........  General Recordkeeping   General requirements............  Yes.
                             Requirements.
Sec.   63.10(b)(2)(i)-(v).  Records Related to SSM  Requirements for SSM records....  Yes.
Sec.   63.10(b)(2)(vi)-     CMS Records...........  Records when CMS is               Yes.
 (xii) and (xiv).                                    malfunctioning, inoperative or
                                                     out-of-control.
Sec.   63.10(b)(2)(xiii)..  Records...............  Records when using alternative    No, not applicable.
                                                     to relative accuracy test.
Sec.   63.10(b)(3)........  Records...............  Applicability Determinations....  Yes.
Sec.   63.10(c)(1)-(15)...  Records...............  Additional records for CMS......  No, Sec.  Sec.   63.8425
                                                                                       and 63.8490 specify
                                                                                       requirements.
Sec.   63.10(d)(1) and (2)  General Reporting       Requirements for and reporting;   Yes.
                             Requirements.           performance test results
                                                     reporting.
Sec.   63.10(d)(3)........  Reporting Opacity or    Requirements for reporting        No, not applicable.
                             VE Observations.        opacity and VE.
Sec.   63.10(d)(4)........  Progress Reports......  Must submit progress reports on   Yes.
                                                     schedule if under compliance
                                                     extension.
Sec.   63.10(d)(5)........  SSM Reports...........  Contents and submission.........  Yes.
Sec.   63.10(e)(1)-(3)....  Additional CMS Reports  Requirements for CMS reporting..  No, Sec.  Sec.   63.8425
                                                                                       and 63.8485 specify
                                                                                       requirements.
Sec.   63.10(e)(4)........  Reporting COMS data...  Requirements for reporting COMS   No, not applicable.
                                                     data with performance test data.
Sec.   63.10(f)...........  Waiver for              Procedures for Administrator to   Yes.
                             Recordkeeping/          waive.
                             Reporting.
Sec.   63.11..............  Flares................  Requirement for flares..........  No, not applicable.
Sec.   63.12..............  Delegation............  State authority to enforce        Yes.
                                                     standards.
Sec.   63.13..............  Addresses.............  Addresses for reports,            Yes.
                                                     notifications, requests.
Sec.   63.14..............  Incorporation by        Materials incorporated by         Yes.
                             Reference.              reference.
Sec.   63.15..............  Availability of         Information availability;         Yes.
                             Information.            confidential information.
----------------------------------------------------------------------------------------------------------------

    3. Part 63 is amended by adding subpart KKKKK to read as follows:

Subpart KKKKK--National Emission Standards for Hazardous Air 
Pollutants for Clay Ceramics Manufacturing

Sec.

What This Subpart Covers

63.8530 What is the purpose of this subpart?
63.8535 Am I subject to this subpart?
63.8540 What parts of my plant does this subpart cover?
63.8545 When do I have to comply with this subpart?

Emission Limitations and Work Practice Standards

63.8555 What emission limitations and work practice standards must I 
meet?
63.8560 What are my options for meeting the emission limitations and 
work practice standards?

General Compliance Requirements

63.8570 What are my general requirements for complying with this 
subpart?
63.8575 What do I need to know about operation, maintenance, and 
monitoring plans?

Testing and Initial Compliance Requirements

63.8585 By what date must I conduct performance tests?
63.8590 When must I conduct subsequent performance tests?
63.8595 How do I conduct performance tests and establish operating 
limits?
63.8600 What are my monitoring installation, operation, and 
maintenance requirements?
63.8605 How do I demonstrate initial compliance with the emission 
limitations and work practice standards?

Continuous Compliance Requirements

63.8615 How do I monitor and collect data to demonstrate continuous 
compliance?
63.8620 How do I demonstrate continuous compliance with the emission 
limitations and work practice standards?

[[Page 26739]]

Notifications, Reports, and Records

63.8630 What notifications must I submit and when?
63.8635 What reports must I submit and when?
63.8640 What records must I keep?
63.8645 In what form and for how long must I keep my records?

Other Requirements and Information

63.8655 What parts of the General Provisions apply to me?
63.8660 Who implements and enforces this subpart?
63.8665 What definitions apply to this subpart?

Tables to Subpart KKKKK of Part 63

Table 1 to Subpart KKKKK of Part 63--Emission Limits
Table 2 to Subpart KKKKK of Part 63--Operating Limits
Table 3 to Subpart KKKKK of Part 63--Work Practice Standards
Table 4 to Subpart KKKKK of Part 63--Requirements for Performance 
Tests
Table 5 to Subpart KKKKK of Part 63--Initial Compliance with 
Emission Limitations and Work Practice Standards
Table 6 to Subpart KKKKK of Part 63--Continuous Compliance with 
Emission Limitations and Work Practice Standards
Table 7 to Subpart KKKKK of Part 63--Requirements for Reports
Table 8 to Subpart KKKKK of Part 63--Applicability of General 
Provisions to Subpart KKKKK

What This Subpart Covers


Sec.  63.8530  What is the purpose of this subpart?

    This subpart establishes national emission limitations and work 
practice standards for hazardous air pollutants (HAP) emitted from clay 
ceramics manufacturing facilities. This subpart also establishes 
requirements to demonstrate initial and continuous compliance with the 
emission limitations and work practice standards.


Sec.  63.8535  Am I subject to this subpart?

    You are subject to this subpart if you own or operate a clay 
ceramics manufacturing facility that is, is located at, or is part of a 
major source of HAP emissions according to the criteria in paragraphs 
(a) and (b) of this section.
    (a) A clay ceramics manufacturing facility is a plant site that 
manufactures pressed floor tile, pressed wall tile, other pressed tile, 
or sanitaryware (e.g., sinks and toilets). Clay ceramics manufacturing 
facilities typically process clay, shale, and various additives; form 
the processed materials into tile or sanitaryware shapes; and dry and 
fire the ceramic products. Glazes are applied to many tile and 
sanitaryware products.
    (b) A major source of HAP emissions is any stationary source or 
group of stationary sources within a contiguous area under common 
control 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.  63.8540  What parts of my plant does this subpart cover?

    (a) This subpart applies to each existing, new, or reconstructed 
affected source at a clay ceramics manufacturing facility and to each 
affected source described in paragraphs (f)(1) or (f)(2) of this 
section.
    (b) Each existing, new, or reconstructed periodic kiln, tunnel 
kiln, and roller kiln is an affected source regardless of design 
capacity. Each source that meets the description in paragraphs (f)(1) 
or (f)(2) also is an affected source.
    (c) Kilns that are used exclusively for research and development 
(R&D) and are not used to manufacture products for commercial sale, 
except in a de minimis manner, are not subject to the requirements of 
this subpart.
    (d) Kilns that are used exclusively for setting glazes on 
previously fired products or for refiring are not subject to the 
requirements of this subpart.
    (e) A source is a new affected source if construction of the 
affected source began after July 22, 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, except as provided in paragraphs (f)(1) and 
(f)(2) of this section.
    (1) It is not technologically and economically feasible for an 
existing tunnel kiln whose design capacity is less than 9.07 megagrams 
per hour (Mg/hr) (10 tons per hour (tph)) of fired product but is 
increased such that it is equal to or greater than 9.07 Mg/hr (10 tph) 
of fired product to meet the relevant standards (i.e., new source 
maximum achievable control technology (MACT)) by retrofitting with a 
dry lime injection fabric filter (DIFF), dry lime scrubber/fabric 
filter (DLS/FF), or wet scrubber (WS).
    (2) It is not technologically and economically feasible for an 
existing dry limestone adsorber (DLA)-controlled kiln whose design 
capacity is equal to or greater than 9.07 Mg/hr (10 tph) of fired 
product to meet the relevant standards by retrofitting with a DIFF, 
DLS/FF, or WS.
    (g) An affected source is existing if it is not new or 
reconstructed and does not meet the descriptions provided in paragraphs 
(f)(1) and (f)(2) of this section.


Sec.  63.8545  When do I have to comply with this subpart?

    (a) If you have a new or reconstructed affected source or an 
affected source described in Sec.  63.8540(f)(1) or Sec.  
63.8540(f)(2), 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 May 
16, 2003, then you must comply with the applicable emission limitations 
and work practice standards in Tables 1, 2, and 3 to this subpart no 
later than May 16, 2003.
    (2) If the initial startup of your affected source is after May 16, 
2003, then you must comply with the applicable emission limitations and 
work practice standards in Tables 1, 2, and 3 to this subpart upon 
initial startup of your affected source.
    (b) If you have an existing affected source, you must comply with 
the work practice standards for existing sources in Table 3 to this 
subpart no later than May 16, 2003.
    (c) 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 by adding a new affected source or by reconstructing, you must 
be in compliance with this subpart upon initial startup of your 
affected source as a major source.
    (d) If you have a new area source (i.e., an area source for which 
construction or reconstruction was commenced after July 22, 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.
    (e) You must meet the notification requirements in Sec.  63.8630 
according to the schedule in Sec.  63.8630 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.  63.8555  What emission limitations 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.

[[Page 26740]]

Sec.  63.8560  What are my options for meeting the emission limitations 
and work practice standards?

    (a) To meet the emission limitations in Tables 1 and 2 to this 
subpart, you must use one or more of the options listed in paragraphs 
(a)(1) and (2) of this section.
    (1) Emissions control system. Use an emissions capture and 
collection system and an air pollution control device (APCD) and 
demonstrate that the resulting emissions or emissions reductions meet 
the emission limits in Table 1 to this subpart, and that the capture 
and collection system and APCD meet the applicable operating limits in 
Table 2 to this subpart.
    (2) Process changes. Use low-HAP raw materials or implement 
manufacturing process changes and demonstrate that the resulting 
emissions or emissions reductions meet the emission limits in Table 1 
to this subpart.
    (b) To meet the work practice standards in Table 3 to this subpart, 
for each affected kiln, you must use natural gas, or an equivalent fuel 
(such as propane or other clean burning fuel), as the kiln fuel at all 
times except during periods of natural gas curtailment or other periods 
when natural gas is not available.

General Compliance Requirements


Sec.  63.8570  What are my general requirements for complying with this 
subpart?

    (a) You must be in compliance with the emission limitations 
(including operating limits) in this subpart at all times, except 
during periods of startup, shutdown, and malfunction and during periods 
of routine control device maintenance 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.  63.8545 and the date upon 
which continuous monitoring systems (CMS) (e.g., continuous parameter 
monitoring systems) have been installed and verified and any applicable 
operating limits have been set, you must maintain a log detailing the 
operation and maintenance of the process and emissions control 
equipment.
    (c) For each kiln that is subject to the emission limits specified 
in Table 1 to this subpart, you must develop and implement a written 
startup, shutdown, and malfunction plan (SSMP) according to the 
provisions in Sec.  63.6(e)(3).
    (d) For each kiln that is subject to the emission limits specified 
in Table 1 to this subpart, you must prepare and implement a written 
operation, maintenance, and monitoring (OM&M) plan according to the 
requirements in Sec.  63.8575.
    (e) If you own or operate a kiln that is subject to the emission 
limits specified in Table 1 to this subpart and must perform routine 
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 (5) of this section.
    (1) You must request a routine control device maintenance exemption 
from the Administrator. Your request must justify the need for the 
routine maintenance on the control device and the time required to 
accomplish the maintenance activities, describe the maintenance 
activities and the frequency of the maintenance activities, explain why 
the maintenance cannot be accomplished during kiln shutdowns, describe 
how you plan to minimize emissions to the greatest extent possible 
during the maintenance, and provide any other documentation required by 
the Administrator.
    (2) The routine control device maintenance exemption must not 
exceed 4 percent of the annual operating uptime for each kiln.
    (3) The request for the routine control device maintenance 
exemption, if approved by the Administrator, must be incorporated by 
reference in and attached to the affected source's title V permit.
    (4) You must minimize HAP emissions during the period when the kiln 
is operating and the control device is offline.
    (5) You must minimize the time period during which the kiln is 
operating and the control device is offline.
    (f) You must be in compliance with the work practice standards in 
this subpart at all times, except during periods of natural gas 
curtailment or other periods when natural gas is not available.
    (g) You must be in compliance with the provisions of subpart A of 
this part, except as noted in Table 8 to this subpart.


Sec.  63.8575  What do I need to know about operation, maintenance, and 
monitoring plans?

    (a) For each kiln that is subject to the emission limits specified 
in Table 1 to this subpart, you must prepare, implement, and revise as 
necessary an OM&M plan that includes the information in paragraph (b) 
of this section. Your OM&M plan must be available for inspection by the 
permitting authority upon request.
    (b) Your OM&M plan must include, as a minimum, the information in 
paragraphs (b)(1) through (13) of this section.
    (1) Each process and APCD to be monitored, the type of monitoring 
device that will be used, and the operating parameters that will be 
monitored.
    (2) A monitoring schedule that specifies the frequency that the 
parameter values will be determined and recorded.
    (3) The limits for each parameter that represent continuous 
compliance with the emission limitations in Sec.  63.8555. The limits 
must be based on values of the monitored parameters recorded during 
performance tests.
    (4) Procedures for the proper operation and routine and long-term 
maintenance of each APCD, including a maintenance and inspection 
schedule that is consistent with the manufacturer's recommendations.
    (5) Procedures for installing the CMS sampling probe or other 
interface at a measurement location relative to each affected process 
unit such that the measurement is representative of control of the 
exhaust emissions (e.g., on or downstream of the last APCD).
    (6) Performance and equipment specifications for the sample 
interface, the pollutant concentration or parametric signal analyzer, 
and the data collection and reduction system.
    (7) Continuous monitoring system performance evaluation procedures 
and acceptance criteria (e.g., calibrations).
    (8) Procedures for the proper operation and maintenance of 
monitoring equipment consistent with the requirements in Sec. Sec.  
63.8600 and 63.8(c)(1), (3), (4)(ii), (7), and (8).
    (9) Continuous monitoring system data quality assurance procedures 
consistent with the requirements in Sec.  63.8(d).
    (10) Continuous monitoring system recordkeeping and reporting 
procedures consistent with the requirements in Sec.  63.10(c), (e)(1), 
and (e)(2)(i).
    (11) Procedures for responding to operating parameter deviations, 
including the procedures in paragraphs (b)(11)(i) through (iii) of this 
section.

[[Page 26741]]

    (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 corrective actions were initiated and completed.
    (12) Procedures for keeping records to document compliance.
    (13) If you operate an affected kiln and you plan to take the kiln 
control device out of service for routine maintenance, as specified in 
Sec.  63.8570(e), the procedures specified in paragraphs (b)(13)(i) and 
(ii) of this section.
    (i) Procedures for minimizing HAP emissions from the kiln during 
periods of routine maintenance of the kiln control device when the kiln 
is operating and the control device is offline.
    (ii) Procedures for minimizing the duration of any period of 
routine maintenance on the kiln control device when the kiln is 
operating and the control device is offline.
    (c) 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 (c)(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 test 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).
    (d) If you are revising the inspection and maintenance procedures 
in your OM&M plan, you do not need to conduct a new performance test.

Testing and Initial Compliance Requirements


Sec.  63.8585  By what date must I conduct performance tests?

    For each kiln that is subject to the emission limits specified in 
Table 1 to this subpart, you must conduct performance tests within 180 
calendar days after the compliance date that is specified for your 
source in Sec.  63.8545 and according to the provisions in Sec.  
63.7(a)(2).


Sec.  63.8590  When must I conduct subsequent performance tests?

    (a) For each kiln that is subject to the emission limits specified 
in Table 1 to this subpart, you must conduct a performance test before 
renewing your 40 CFR part 70 operating permit or at least every 5 years 
following the initial performance test.
    (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.


Sec.  63.8595  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 
calibrate 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 must test while operating at the maximum production level.
    (e) You may not conduct performance tests during periods of 
startup, shutdown, or malfunction, as specified in Sec.  63.7(e)(1).
    (f) You must conduct at least three separate test runs for each 
performance test required in this section, as specified in Sec.  
63.7(e)(3). Each test run must last at least 1 hour.
    (g) You must use the data gathered during the performance test and 
the equations in paragraphs (g)(1) and (2) of this section to determine 
compliance with the emission limitations.
    (1) To determine compliance with the production-based hydrogen 
fluoride (HF), hydrogen chloride (HCl), and particulate matter (PM) 
emission limits in Table 1 to this subpart, you must calculate your 
mass emissions per unit of production for each test run using Equation 
1 of this section:
[GRAPHIC][TIFF OMITTED]TR16MY03.003


Where:

MP=mass per unit production, kilograms (pounds) of pollutant per 
megagram (ton) of fired product
ER=mass emission rate of pollutant (HF, HCl, or PM) during each 
performance test run, kilograms (pounds) per hour
P=production rate during each performance test run, megagrams (tons) of 
fired product per hour.

    (2) To determine compliance with the percent reduction HF and HCl 
emission limits in Table 1 to this subpart, you must calculate the 
percent reduction for each test run using Equation 2 of this section:

[GRAPHIC][TIFF OMITTED]TR16MY03.004


Where:

PR=percent reduction, percent
ERi=mass emission rate of specific HAP (HF or HCl) entering 
the APCD, kilograms (pounds) per hour
ERo=mass emission rate of specific HAP (HF or HCl) exiting 
the APCD, kilograms (pounds) per hour.

    (h) You must establish each site-specific operating limit in Table 
2 to this subpart that applies to you as specified in Table 4 to this 
subpart.
    (i) For each kiln that is subject to the emission limits specified 
in Table 1 to this subpart and is equipped with an 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) 
and (2) of this section.
    (1) Submit a request for approval of alternative monitoring 
procedures to the Administrator no later than the notification of 
intent to conduct a performance test. The request must contain the 
information specified in paragraphs (i)(1)(i) through (iv) of this 
section.
    (i) A description of the alternative APCD or process changes.
    (ii) The type of monitoring device or procedure that will be used.
    (iii) The operating parameters that will be monitored.
    (iv) The frequency that the operating parameter values will be 
determined and recorded to establish continuous compliance with the 
operating limits.
    (2) Establish site-specific operating limits during the performance 
test based on the information included in the approved alternative 
monitoring procedures request and, as applicable, as specified in Table 
4 to this subpart.


Sec.  63.8600  What are my monitoring installation, operation, and 
maintenance requirements?

    (a) You must install, operate, and maintain each CMS according to 
your OM&M plan and the requirements in paragraphs (a)(1) through (5) of 
this section.
    (1) Conduct a performance evaluation of each CMS according to your 
OM&M plan.
    (2) The CMS must complete a minimum of one cycle of operation for 
each successive 15-minute period. To have a valid hour of data, you 
must have

[[Page 26742]]

at least three of four equally spaced data values (or at least 75 
percent if you collect more than four data values per hour) for that 
hour (not including startup, shutdown, malfunction, out-of-control 
periods, or periods of routine control device maintenance covered by a 
routine control device maintenance exemption as specified in Sec.  
63.8570(e)).
    (3) Determine and record the 3-hour block averages of all recorded 
readings, calculated after every 3 hours of operation as the average of 
the previous 3 operating hours. To calculate the average for each 3-
hour average period, you must have at least 75 percent of the recorded 
readings for that period (not including startup, shutdown, malfunction, 
out-of-control periods, or periods of routine control device 
maintenance covered by a routine control device maintenance exemption 
as specified in Sec.  63.8570(e)).
    (4) Record the results of each inspection, calibration, and 
validation check.
    (5) At all times, maintain the monitoring equipment including, but 
not limited to, maintaining necessary parts for routine repairs of the 
monitoring equipment.
    (b) For each liquid flow measurement device, you must meet the 
requirements in paragraphs (a)(1) through (5) and paragraphs (b)(1) 
through (3) of this section.
    (1) Locate the flow sensor in a position that provides a 
representative flowrate.
    (2) Use a flow sensor with a minimum measurement sensitivity of 2 
percent of the liquid flowrate.
    (3) At least semiannually, conduct a flow sensor calibration check.
    (c) For each pressure measurement device, you must meet the 
requirements in paragraphs (a)(1) through (5) and paragraphs (c)(1) 
through (7) of this section.
    (1) Locate the pressure sensor(s) in or as close to a position that 
provides a representative measurement of the pressure.
    (2) Minimize or eliminate pulsating pressure, vibration, and 
internal and external corrosion.
    (3) Use a gauge with a minimum measurement sensitivity of 0.5 inch 
of water or a transducer with a minimum measurement sensitivity of 1 
percent of the pressure range.
    (4) Check the pressure tap daily to ensure that it is not plugged.
    (5) Using a manometer, check gauge calibration quarterly and 
transducer calibration monthly.
    (6) Any time the sensor exceeds the manufacturer's specified 
maximum operating pressure range, conduct calibration checks or install 
a new pressure sensor.
    (7) At least monthly, inspect all components for integrity, all 
electrical connections for continuity, and all mechanical connections 
for leakage.
    (d) For each pH measurement device, you must meet the requirements 
in paragraphs (a)(1) through (5) and paragraphs (d)(1) through (4) of 
this section.
    (1) Locate the pH sensor in a position that provides a 
representative measurement of pH.
    (2) Ensure the sample is properly mixed and representative of the 
fluid to be measured.
    (3) Check the pH meter's calibration on at least two points every 8 
hours of process operation.
    (4) At least monthly, inspect all components for integrity and all 
electrical connections for continuity.
    (e) For each bag leak detection system, you must meet the 
requirements in paragraphs (e)(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). This 
document is available from the U.S. Environmental Protection Agency 
(U.S. EPA); Office of Air Quality Planning and Standards; Emissions, 
Monitoring and Analysis Division; Emission Measurement Center (MD-19), 
Research Triangle Park, NC 27711. This document is also available on 
the Technology Transfer Network (TTN) under Emission Measurement 
Center, Continuous Emission Monitoring. 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 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 audible 
alarm system that will sound automatically when an increase in relative 
PM emissions over a preset level is detected. The alarm must be located 
where it is easily heard 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 sensitivity or 
range, averaging period, alarm set points, or alarm delay time may not 
be adjusted except as detailed in your OM&M plan. In no case may the 
sensitivity be increased by more than 100 percent or decreased more 
than 50 percent over a 365-day period unless such adjustment follows a 
complete fabric filter inspection which demonstrates that the fabric 
filter is in good operating condition. Record each adjustment.
    (11) Record the results of each inspection, calibration, and 
validation check.
    (f) For each lime or chemical feed rate measurement device, you 
must meet the requirements in paragraphs (a)(1) through (5) and 
paragraphs (f)(1) and (2) of this section.
    (1) Locate the measurement device in a position that provides a 
representative feed rate measurement.
    (2) At least semiannually, conduct a calibration check.
    (g) For each limestone feed system on a DLA, you must meet the 
requirements in paragraphs (a)(1), (4), and (5) of this section and 
must ensure on a monthly basis that the feed system replaces limestone 
at least as frequently as the schedule set during the performance test.
    (h) Requests for approval of alternate monitoring procedures must 
meet the requirements in Sec. Sec.  63.8595(i) and 63.8(f).


Sec.  63.8605  How do I demonstrate initial compliance with the 
emission limitations and work practice standards?

    (a) You must demonstrate initial compliance with each emission 
limitation and work practice standard that applies to you according to 
Table 5 to this subpart.
    (b) You must establish each site-specific operating limit in Table 
2 to

[[Page 26743]]

this subpart that applies to you according to the requirements in Sec.  
63.8595 and Table 4 to this subpart.
    (c) You must submit the Notification of Compliance Status 
containing the results of the initial compliance demonstration 
according to the requirements in Sec.  63.8630(e).

Continuous Compliance Requirements


Sec.  63.8615  How do I monitor and collect data to demonstrate 
continuous compliance?

    (a) You must monitor and collect data according to this section.
    (b) Except for periods of monitor malfunctions, associated repairs, 
and required quality assurance or control activities (including, as 
applicable, calibration checks and required zero and span adjustments), 
you must monitor continuously (or collect data at all required 
intervals) at all times that the affected source is operating. This 
includes periods of startup, shutdown, malfunction, and routine control 
device maintenance as specified in Sec.  63.8570(e) when the affected 
source is operating.
    (c) You may not use data recorded during monitoring malfunctions, 
associated repairs, out-of-control periods, or required quality 
assurance or control activities for purposes of calculating data 
averages. A monitoring malfunction is any sudden, infrequent, not 
reasonably preventable failure of the monitoring system to provide 
valid data. Monitoring failures that are caused in part by poor 
maintenance or careless operation are not malfunctions. You must use 
all the valid data collected during all other periods in assessing 
compliance. Any averaging period for which you do not have valid 
monitoring data and such data are required constitutes a deviation from 
the monitoring requirements.


Sec.  63.8620  How do I demonstrate continuous compliance with the 
emission limitations and work practice standards?

    (a) You must demonstrate continuous compliance with each emission 
limit, operating limit, and work practice standard in Tables 1, 2, and 
3 to this subpart that applies to you according to the methods 
specified in Table 6 to this subpart.
    (b) For each kiln that is subject to the emission limits specified 
in Table 1 to this subpart and is equipped with an 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.  63.8595(i)(2) according to the methods specified in 
your approved alternative monitoring procedures request, as described 
in Sec. Sec.  63.8595(i)(1) and 63.8(f).
    (c) You must report each instance in which you did not meet each 
emission limit and operating limit in this subpart that applies to you. 
This includes periods of startup, shutdown, malfunction, and routine 
control device maintenance. These instances are deviations from the 
emission limitations in this subpart. These deviations must be reported 
according to the requirements in Sec.  63.8635.
    (d) During periods of startup, shutdown, and malfunction, you must 
operate according to your SSMP.
    (e) 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 an SSMP that satisfies the requirements 
of Sec.  63.6(e) 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).
    (f) Deviations that occur during periods of control device 
maintenance covered by an approved routine control device maintenance 
exemption according to Sec.  63.8570(e) are not violations if you 
demonstrate to the Administrator's satisfaction that you were operating 
in accordance with the approved routine control device maintenance 
exemption.
    (g) You must demonstrate continuous compliance with the operating 
limits in Table 2 to this subpart for visible emissions (VE) from 
tunnel kilns equipped with DLA, DIFF, or DLS/FF by monitoring VE at 
each kiln stack according to the requirements in paragraphs (g)(1) 
through (3) of this section.
    (1) Perform daily VE observations of each kiln stack according to 
the procedures of Method 22 of 40 CFR part 60, appendix A. You must 
conduct the Method 22 test while the affected source is operating under 
normal conditions. The duration of each Method 22 test must be at least 
15 minutes.
    (2) If VE are observed during any daily test conducted using Method 
22 of 40 CFR part 60, appendix A, you must promptly initiate and 
complete corrective actions according to your OM&M plan. If no VE are 
observed in 30 consecutive daily Method 22 tests for any kiln stack, 
you may decrease the frequency of Method 22 testing from daily to 
weekly for that kiln stack. If VE are observed during any weekly test, 
you must promptly initiate and complete corrective actions according to 
your OM&M plan, resume Method 22 testing of that kiln stack on a daily 
basis, and maintain that schedule until no VE are observed in 30 
consecutive daily tests, at which time you may again decrease the 
frequency of Method 22 testing to a weekly basis.
    (3) If VE are observed during any test conducted using Method 22 of 
40 CFR part 60, appendix A, you must report these deviations by 
following the requirements in Sec.  63.8635.

Notifications, Reports, and Records


Sec.  63.8630  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), (g)(1), 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 May 16, 2003, you must submit an Initial 
Notification not later than 120 calendar days after May 16, 2003.
    (c) As specified in Sec.  63.9(b)(3), if you start up your new or 
reconstructed affected source or affected source described in Sec.  
63.8540(f)(1) or Sec.  63.8540(f)(2) on or after May 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 written notification of intent to conduct a 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 or other 
initial compliance demonstration as specified in Tables 4 and 5 to this 
subpart, you must submit a Notification of Compliance Status as 
specified in Sec.  63.9(h) and paragraphs (e)(1) through (3) 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) and (ii) of this 
section in your Notification of Compliance Status:

[[Page 26744]]

    (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) For each APCD that includes a fabric filter, if a bag leak 
detection system is used, analysis and supporting documentation 
demonstrating conformance with EPA guidance and specifications for bag 
leak detection systems in Sec.  63.8600(e).
    (3) For each compliance demonstration required in Table 5 to this 
subpart that does not include a performance test (i.e., compliance 
demonstration for the work practice standard), you must submit the 
Notification of Compliance Status before the close of business on the 
30th calendar day following the completion of the compliance 
demonstration.
    (f) If you request a routine control device maintenance exemption 
according to Sec.  63.8570(e), you must submit your request for the 
exemption no later than 30 days before the compliance date.
    (g) If you own or operate an affected kiln that is subject to the 
work practice standards specified in 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.  63.8665. The 
notification must include the information specified in paragraphs 
(g)(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.


Sec.  63.8635  What reports must I submit and when?

    (a) You must submit each report in Table 7 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 7 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.  
63.8545 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.
    (c) The compliance report must contain the information in 
paragraphs (c)(1) through (7) 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) A description of control device maintenance performed while the 
control device was offline and the kiln controlled by the control 
device was operating, including the information specified in paragraphs 
(c)(5)(i) through (iii) of this section.
    (i) The date and time when the control device was shutdown and 
restarted.
    (ii) Identification of the kiln that was operating and the number 
of hours that the kiln operated while the control device was offline.
    (iii) A statement of whether or not the control device maintenance 
was included in your approved routine control device maintenance 
exemption developed as specified in Sec.  63.8570(e). If the control 
device maintenance was included in your approved routine control device 
maintenance exemption, then you must report the information in 
paragraphs (c)(5)(iii)(A) through (C) of this section.
    (A) The total amount of time that the kiln controlled by the 
control device operated during the current semiannual compliance period 
and during the previous semiannual compliance period.
    (B) The amount of time that each kiln controlled by the control 
device operated while the control device was offline for maintenance 
covered under the routine control device maintenance exemption during 
the current semiannual compliance period and during the previous 
semiannual compliance period.
    (C) Based on the information recorded under paragraphs 
(c)(5)(iii)(A) and (B) of this section, compute the annual percent of 
kiln operating uptime during which the control device was offline for 
routine maintenance using Equation 1 of this section.
[GRAPHIC][TIFF OMITTED]TR16MY03.005


Where:

RM=Annual percentage of kiln uptime during which control device is down 
for routine control device maintenance
DTp=Control device downtime claimed under the routine 
control device maintenance exemption for the previous semiannual 
compliance period
DTc=Control device downtime claimed under the routine 
control device maintenance exemption for the current semiannual 
compliance period
KUp=Kiln uptime for the previous semiannual compliance 
period
KUc=Kiln uptime for the current semiannual compliance period

    (6) If there are no deviations from any emission limitations 
(emission limits or operating limits) or work practice standards that 
apply to you, the compliance report must contain a statement that there 
were no deviations from the emission limitations or work practice 
standards during the reporting period.
    (7) If there were no periods during which the CMS was out-of-
control as specified in your OM&M plan, the

[[Page 26745]]

compliance report must contain a statement that there were no periods 
during which the CMS was out-of-control during the reporting period.
    (d) For each deviation from an emission limitation (emission limit 
or operating limit) that occurs at an affected source where you are not 
using a CMS to comply with the emission limitations in this subpart, 
the compliance report must contain the information in paragraphs (c)(1) 
through (5) and paragraphs (d)(1) and (2) of this section. This 
includes periods of startup, shutdown, malfunction, and routine control 
device maintenance.
    (1) The total operating time of each affected source during the 
reporting period.
    (2) Information on the number, duration, and cause of deviations 
(including unknown cause, if applicable), as applicable, and the 
corrective action taken.
    (e) For each deviation from an emission limitation (emission limit 
or operating limit) occurring at an affected source where you are using 
a CMS to comply with the emission limitations in this subpart, you must 
include the information in paragraphs (c)(1) through (5) and paragraphs 
(e)(1) through (13) of this section. This includes periods of startup, 
shutdown, malfunction, and routine control device maintenance.
    (1) The total operating time of each affected source during the 
reporting period.
    (2) The date and time that each malfunction started and stopped.
    (3) The date and time that each CMS was inoperative, except for 
zero (low-level) and high-level checks.
    (4) The date, time, and duration that each CMS was out-of-control, 
including the pertinent information in your OM&M plan.
    (5) The date and time that each deviation started and stopped, and 
whether each deviation occurred during a period of startup, shutdown, 
or malfunction; during routine control device maintenance covered in 
your approved routine control device maintenance exemption; or during 
another period.
    (6) A description of corrective action taken in response to a 
deviation.
    (7) A summary of the total duration of the deviation during the 
reporting period and the total duration as a percent 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 CMS downtime during the 
reporting period and the total duration of CMS downtime as a percent of 
the total source operating time during that reporting period.
    (10) A brief description of the process units.
    (11) A brief description of the CMS.
    (12) The date of the latest CMS certification or audit.
    (13) A description of any changes in CMS, processes, or control 
equipment since the last reporting period.
    (f) If you have obtained a title V operating permit according 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 7 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 permitting 
authority.
    (g) If you own or operate an affected kiln that is subject to the 
work practice standard specified in 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.  63.8640  What records must I keep?

    (a) You must keep the records listed in paragraphs (a)(1) through 
(4) 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).
    (4) Records relating to control device maintenance and 
documentation of your approved routine control device maintenance 
exemption, if you request such an exemption under Sec.  63.8570(e).
    (b) You must keep the records required in Table 6 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 (7) of this section.
    (1) 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.
    (2) For each deviation of an operating limit parameter value, the 
date, time, 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.
    (3) For each kiln that is subject to the emission limits in Table 
1, records of production rates on a fired-product weight basis.
    (4) For each kiln that is subject to the emission limits in Table 
1, records for any approved alternative monitoring or test procedures.
    (5) For each kiln that is subject to the emission limits in Table 
1, records of maintenance and inspections performed on the APCD.
    (6) For each kiln that is subject to the emission limits in Table 
1, current copies of your SSMP and OM&M plan, including any revisions, 
with records documenting conformance.
    (7) Records that document compliance with any work practice 
standard that applies to you.


Sec.  63.8645  In what form and for 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,

[[Page 26746]]

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.  63.8655  What parts of the General Provisions apply to me?

    Table 8 to this subpart shows which parts of the General Provisions 
in Sec. Sec.  63.1 through 63.15 apply to you.


Sec.  63.8660  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by us, the U.S. 
EPA, or a delegated authority such as your State, local, or tribal 
agency. If the U.S. EPA Administrator has delegated authority to your 
State, local, or tribal agency, then that agency, 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 of this subpart is delegated to your 
State, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under section 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.  63.8535 and 63.8540, the compliance date requirements in 
Sec.  63.8545, and the non-opacity emission limitations in Sec.  
63.8555.
    (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.  63.8665  What definitions apply to this subpart?

    Terms used in this subpart are defined in the Clean Air Act, in 
Sec.  63.2, and in this section as follows:
    Air pollution control device (APCD) means any equipment that 
reduces the quantity of a pollutant that is emitted to the air.
    Bag leak detection system means an instrument that is capable of 
monitoring PM 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.
    Clay ceramics manufacturing facility means a plant site that 
manufactures pressed floor tile, pressed wall tile, other pressed tile, 
or sanitaryware (e.g., sinks and toilets). Clay ceramics manufacturing 
facilities typically process clay, shale, and various additives, form 
the processed materials into tile or sanitaryware shapes, and dry and 
fire the ceramic products. Glazes are applied to many tile and 
sanitaryware products.
    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 
(including any 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 (including any 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 lime injection fabric filter (DIFF) means an APCD 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 APCD that 
includes continuous injection of humidified hydrated lime or other 
sorbent into a reaction chamber followed by a fabric filter. These 
systems typically include recirculation of some of the sorbent.
    Dry limestone adsorber (DLA) means an APCD 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 emission limit or operating limit.
    Fabric filter means an APCD used to capture PM by filtering a gas 
stream through filter media; also known as a baghouse.
    Initial startup means:
    (1) For a new or reconstructed tunnel kiln controlled with a DLA, 
and for a tunnel kiln that would be considered reconstructed but for 
Sec.  63.8540(f)(1) or Sec.  63.8540(f)(2), the time at which the 
temperature in the kiln first reaches 260 [deg]C (500 [deg]F) and the 
kiln contains product; or
    (2) For a new or reconstructed tunnel kiln controlled with a DIFF, 
DLS/FF, or WS, the time at which the kiln first reaches a level of 
production that is equal to 75 percent of the kiln design capacity or 
12 months after the affected source begins firing clay ceramics, 
whichever is earlier.
    Particulate matter (PM) means, for purposes of this subpart, 
emissions of PM that serve as a measure of total particulate emissions, 
as measured by Method 5 (40 CFR part 60, appendix A), and as a 
surrogate for metal HAP contained in the particulates including, but 
not limited to, antimony, arsenic, beryllium, cadmium, chromium, 
cobalt, lead, manganese, mercury, nickel, and selenium.
    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.
    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.
    Research and development kiln means any kiln 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.
    Responsible official means responsible official as defined in 40 
CFR 70.2.
    Startup means the setting in operation of an affected source and 
starting the production process.
    Tunnel kiln means any continuous kiln that is not a roller kiln 
that is used to fire clay ceramics.
    Tunnel kiln design capacity means the maximum amount of clay 
ceramics, in Mg (tons), that a kiln is designed to produce in one year 
divided by the number of hours in a year (8,760 hours). If a kiln is 
modified to increase the capacity, the design capacity is considered to 
be the capacity following modifications.
    Wet scrubber (WS) means an APCD that uses water, which may include

[[Page 26747]]

caustic additives or other chemicals, as the sorbent. Wet scrubbers may 
use any of various design mechanisms to increase the contact between 
exhaust gases and the sorbent.
    Work practice standard means any design, equipment, work practice, 
operational standard, or combination thereof, that is promulgated 
pursuant to section 112(h) of the Clean Air Act.

Tables to Subpart KKKKK of Part 63

    As stated in Sec.  63.8555, you must meet each emission limit in 
the following table that applies to you:

                              Table 1 to Subpart KKKKK of Part 63.--Emission Limits
----------------------------------------------------------------------------------------------------------------
                                                     You must meet the following    Or you must comply with the
                  For each . . .                        emission limits . . .             following . . .
----------------------------------------------------------------------------------------------------------------
1. New or reconstructed tunnel kiln with a design   a. HF emissions must not       Reduce uncontrolled HF
 capacity less than 9.07 Mg/hr (10 tph) of fired     exceed 0.029 kilograms per     emissions by at least 90
 product; each tunnel kiln that would be             megagram (kg/Mg) (0.057        percent.
 considered reconstructed but for Sec.               pounds per ton (lb/ton)) of
 63.8540(f)(1); and each tunnel kiln that would be   fired product.
 considered reconstructed but for Sec.
 63.8540(f)(2).
                                                    b. HCl emissions must not      Reduce uncontrolled HCl
                                                     exceed 0.13 kg/Mg (0.26 lb/    emissions by at least 30
                                                     ton) of fired product.         percent.
                                                    c. PM emissions must not       Not applicable.
                                                     exceed 0.21 kg/Mg (0.42 lb/
                                                     ton) of fired product.
2. New or reconstructed tunnel kiln with a design   a. HF emissions must not       Reduce uncontrolled HF
 capacity equal to or greater than 10 tph of fired   exceed 0.029 kg/Mg (0.057 lb/  emissions by at least 90
 product.                                            ton) of fired product.         percent.
                                                    b. HCl emissions must not      Reduce uncontrolled HCl
                                                     exceed 0.028 kg/Mg (0.056 lb/  emissions by at least 85
                                                     ton) of fired product.         percent.
                                                    c. PM emissions must not       Not applicable.
                                                     exceed 0.060 kg/Mg (0.12 lb/
                                                     ton) of fired product.
----------------------------------------------------------------------------------------------------------------

    As stated in Sec.  63.8555, you must meet each operating limit in 
the following table that applies to you:

         Table 2 to Subpart KKKKK of Part 63.--Operating Limits
------------------------------------------------------------------------
                For each . . .                       You must . . .
------------------------------------------------------------------------
1. Kiln equipped with a DLA..................  a. Maintain the average
                                                pressure drop across the
                                                DLA for each 3-hour
                                                block period at or above
                                                the average pressure
                                                drop established during
                                                the performance test;
                                                and
                                               b. Maintain a sufficient
                                                amount of limestone in
                                                the limestone hopper,
                                                storage bin (located at
                                                the top of the DLA), and
                                                DLA at all times;
                                                maintain the limestone
                                                feeder setting at or
                                                above the level
                                                established during the
                                                performance test; and
                                               c. Use the same grade of
                                                limestone from the same
                                                source as was used
                                                during the performance
                                                test; maintain records
                                                of the source and grade
                                                of limestone; and
                                               d. Maintain no VE from
                                                the DLA stack.
2. Kiln equipped with a DIFF or DLS/FF.......  a. If you use a bag leak
                                                detection system,
                                                initiate corrective
                                                action within 1 hour of
                                                a bag leak detection
                                                system alarm and
                                                complete corrective
                                                actions in accordance
                                                with your OM&M plan;
                                                operate and maintain the
                                                fabric filter such that
                                                the alarm is not engaged
                                                for more than 5 percent
                                                of the total operating
                                                time in a 6-month block
                                                reporting period; or
                                                maintain no VE from the
                                                DIFF or DLS/FF stack;
                                                and
                                               b. Maintain free-flowing
                                                lime in the feed hopper
                                                or silo and to the APCD
                                                at all times for
                                                continuous injection
                                                systems; maintain the
                                                feeder setting at or
                                                above the level
                                                established during the
                                                performance test for
                                                continuous injection
                                                systems.
3. Kiln equipped with a WS...................  a. Maintain the average
                                                scrubber pressure drop
                                                for each 3-hour block
                                                period at or above the
                                                average pressure drop
                                                established during the
                                                performance test; and
                                               b. Maintain the average
                                                scrubber liquid pH for
                                                each 3-hour block period
                                                at or above the average
                                                scrubber liquid pH
                                                established during the
                                                performance test; and
                                               c. Maintain the average
                                                scrubber liquid flow
                                                rate for each 3-hour
                                                block period at or above
                                                the average scrubber
                                                liquid flow rate
                                                established during the
                                                performance test; and
                                               d. If chemicals are added
                                                to the scrubber water,
                                                maintain the average
                                                scrubber chemical feed
                                                rate for each 3-hour
                                                block period at or above
                                                the average scrubber
                                                chemical feed rate
                                                established during the
                                                performance test.
------------------------------------------------------------------------

    As stated in Sec.  63.8555, you must comply with each work practice 
standard in the following table that applies to you:

                          Table 3 to Subpart KKKKK of Part 63.--Work Practice Standards
----------------------------------------------------------------------------------------------------------------
                                                                                        According to one of the
             For . . .                                You must . . .                  following requirements . .
                                                                                                   .
----------------------------------------------------------------------------------------------------------------
Each existing, new, or               Minimize fuel-based HAP emissions..............  Use natural gas, or
 reconstructed periodic kiln,                                                          equivalent, as the kiln
 tunnel kiln, or roller kiln; each                                                     fuel, except during
 tunnel kiln that would be                                                             periods of natural gas
 considered reconstructed but for                                                      curtailment or supply
 Sec.   63.8540(f)(1); and each                                                        interruption, as defined
 tunnel kiln that would be                                                             in Sec.   63.8665.
 considered reconstructed but for
 Sec.   63.8540(f)(2).
----------------------------------------------------------------------------------------------------------------


[[Page 26748]]

    As stated in Sec.  63.8595, you must conduct each performance test 
in the following table that applies to you:

                    Table 4 to Subpart KKKKK of Part 63.--Requirements for Performance Tests
----------------------------------------------------------------------------------------------------------------
                                                                                      According to the following
           For each . . .                You must . . .            Using . . .            requirements . . .
----------------------------------------------------------------------------------------------------------------
1. New or reconstructed tunnel       a. Select locations of  Method 1 or 1A of 40    Sampling sites must be
 kiln; each tunnel kiln that would    sampling ports and      CFR part 60, appendix   located at the outlet of
 be considered reconstructed but      the number of           A.                      the APCD and prior to any
 for Sec.   63.8540(f)(1); and each   traverse points.                                releases to the atmosphere
 tunnel kiln that would be                                                            for all affected sources.
 considered reconstructed but for                                                     If you choose to meet the
 Sec.   63.8540(f)(2).                                                                percent emission reduction
                                                                                      requirements for HF or
                                                                                      HCl, a sampling site must
                                                                                      also be located at the
                                                                                      APCD inlet.
                                     b. Determine            Method 2 of 40 CFR      You may use Method 2A, 2C,
                                      velocities and          part 60, appendix A.    2D, 2F, or 2G of 40 CFR
                                      volumetric flow rate.                           part 60, appendix A, as
                                                                                      appropriate, as an
                                                                                      alternative to using
                                                                                      Method 2 of 40 CFR part
                                                                                      60, appendix A.
                                     c. Conduct gas          Method 3 of 40 CFR      You may use Method 3A or 3B
                                      molecular weight        part 60, appendix A.    of 40 CFR part 60,
                                      analysis.                                       appendix A, as
                                                                                      appropriate, as an
                                                                                      alternative to using
                                                                                      Method 3 of 40 CFR part
                                                                                      60, appendix A.
                                     d. Measure moisture     Method 4 of 40 CFR
                                      content of the stack    part 60, appendix A.
                                      gas.
                                     e. Measure HF and HCl   Method 26A of 40 CFR    Conduct the test while
                                      emissions.              part 60, appendix A;    operating at the maximum
                                                              or                      production level. You may
                                                                                      use Method 26 of 40 CFR
                                                                                      part 60, appendix A, as an
                                                                                      alternative to using
                                                                                      Method 26A of 40 CFR part
                                                                                      60, appendix A, when no
                                                                                      acid PM (e.g., HF or HCl
                                                                                      dissolved in water
                                                                                      droplets emitted by
                                                                                      sources controlled by a
                                                                                      WS) is present.
                                                             Method 320 of 40 CFR    Conduct the test while
                                                              part 63, appendix A.    operating at the maximum
                                                                                      production level. When
                                                                                      using Method 320 of 40 CFR
                                                                                      part 63, appendix A, you
                                                                                      must follow the analyte
                                                                                      spiking procedures of
                                                                                      section 13 of Method 320
                                                                                      of 40 CFR part 63,
                                                                                      appendix A, unless you can
                                                                                      demonstrate that the
                                                                                      complete spiking procedure
                                                                                      has been conducted at a
                                                                                      similar source.
                                     f. Measure PM           Method 5 of 40 CFR      Conduct the test while
                                      emissions.              part 60, appendix A.    operating at the maximum
                                                                                      production level.
2. Kiln that is complying with       Determine the           Production data         You must measure and record
 production-based emission limits.    production rate         collected during the    the production rate, on a
                                      during each test run    performance tests       fired-product weight
                                      in order to determine   (e.g., the number of    basis, of the affected
                                      compliance with         ceramic pieces and      kiln for each of the three
                                      production-based        weight per piece in     test runs.
                                      emission limits.        the kiln during a
                                                              test run divided by
                                                              the amount of time to
                                                              fire a piece).
3. Kiln equipped with a DLA........  a. Establish the        Data from the pressure  You must continuously
                                      operating limit for     drop measurement        measure the pressure drop
                                      the average pressure    device during the       across the DLA, determine
                                      drop across the DLA.    performance test.       and record the block
                                                                                      average pressure drop
                                                                                      values for the three test
                                                                                      runs, and determine and
                                                                                      record the 3-hour block
                                                                                      average of the recorded
                                                                                      pressure drop measurements
                                                                                      for the three test runs.

[[Page 26749]]

 
                                     b. Establish the        Data from the           You must ensure that you
                                      operating limit for     limestone feeder        maintain an adequate
                                      the limestone feeder    during the              amount of limestone in the
                                      setting.                performance test.       limestone hopper, storage
                                                                                      bin (located at the top of
                                                                                      the DLA), and DLA at all
                                                                                      times during the
                                                                                      performance test. You must
                                                                                      establish your limestone
                                                                                      feeder setting one week
                                                                                      prior to the performance
                                                                                      test and maintain the
                                                                                      feeder setting for the one-
                                                                                      week period that precedes
                                                                                      the performance test and
                                                                                      during the performance
                                                                                      test.
                                     c. Document the source  Records of limestone
                                      and grade of            purchase.
                                      limestone used.
4. Kiln equipped with a DIFF or DLS/ Establish the           Data from the lime      For continuous lime
 FF.                                  operating limit for     feeder during the       injection systems, you
                                      the lime feeder         performance test.       must ensure that lime in
                                      setting.                                        the feed hopper or silo
                                                                                      and to the APCD is free-
                                                                                      flowing at all times
                                                                                      during the performance
                                                                                      test and record the feeder
                                                                                      setting for the three test
                                                                                      runs. If the feed rate
                                                                                      setting varies during the
                                                                                      three test runs, determine
                                                                                      and record the average
                                                                                      feed rate from the three
                                                                                      test runs.
5. Kiln equipped with a WS.........  a. Establish the        Data from the pressure  You must continuously
                                      operating limit for     drop measurement        measure the scrubber
                                      the average scrubber    device during the       pressure drop, determine
                                      pressure drop.          performance test.       and record the block
                                                                                      average pressure drop
                                                                                      values for the three test
                                                                                      runs, and determine and
                                                                                      record the 3-hour block
                                                                                      average of the recorded
                                                                                      pressure drop measurements
                                                                                      for the three test runs.
                                     b. Establish the        Data from the pH        You must continuously
                                      operating limit for     measurement device      measure the scrubber
                                      the average scrubber    during the              liquid pH, determine and
                                      liquid pH.              performance test.       record the block average
                                                                                      pH values for the three
                                                                                      test runs, and determine
                                                                                      and record the 3-hour
                                                                                      block average of the
                                                                                      recorded pH measurements
                                                                                      for the three test runs.
                                     c. Establish the        Data from the flow      You must continuously
                                      operating limit for     rate measurement        measure the scrubber
                                      the average scrubber    device during the       liquid flow rate,
                                      liquid flow rate.       performance test.       determine and record the
                                                                                      block average flow rate
                                                                                      values for the three test
                                                                                      runs, and determine and
                                                                                      record the 3-hour block
                                                                                      average of the recorded
                                                                                      flow rate measurements for
                                                                                      the three test runs.
6. Kiln equipped with a WS that      Establish the           Data from the chemical  You must continuously
 includes chemical addition to the    operating limit for     feed rate measurement   measure the scrubber
 water.                               the average scrubber    device during the       chemical feed rate,
                                      chemical feed rate.     performance test.       determine and record the
                                                                                      block average chemical
                                                                                      feed rate values for the
                                                                                      three test runs, and
                                                                                      determine and record the 3-
                                                                                      hour block average of the
                                                                                      recorded chemical feed
                                                                                      rate measurements for the
                                                                                      three test runs.
----------------------------------------------------------------------------------------------------------------

    As stated in Sec.  63.8605, you must demonstrate initial compliance 
with each emission limitation that applies to you according to the 
following table:

[[Page 26750]]



 Table 5 to Subpart KKKKK of Part 63.--Initial Compliance with Emission Limitations and Work Practice Standards
----------------------------------------------------------------------------------------------------------------
                                                                        You have demonstrated initial compliance
             For each . . .                 For the following . . .                     if . . .
----------------------------------------------------------------------------------------------------------------
1. New or reconstructed tunnel kiln with  a. HF emissions must not     i. The HF emissions measured using Method
 a design capacity less than 9.07 Mg/hr    exceed 0.029 kg/Mg (0.057    26A of 40 CFR part 60, appendix A or
 (10 tph) of fired product; each tunnel    lb/ton) of fired product;    Method 320 of 40 CFR part 63, appendix A
 kiln that would be considered             or uncontrolled HF           over the period of the initial
 reconstructed but for Sec.                emissions must be reduced    performance test, according to the
 63.8540(f)(1); and each tunnel kiln       by at least 90 percent;      calculations in Sec.   63.8595(g)(1), do
 that would be considered reconstructed    and.                         not exceed 0.029 kg/Mg (0.057 lb/ton);
 but for Sec.   63.8540(f)(2).                                          or uncontrolled HF emissions measured
                                                                        using Method 26A of 40 CFR part 60,
                                                                        appendix A or Method 320 of 40 CFR part
                                                                        63, appendix A over the period of the
                                                                        initial performance test are reduced by
                                                                        at least 90 percent, according to the
                                                                        calculations in Sec.   63.8595(g)(2);
                                                                        and
                                                                       ii. You establish and have a record of
                                                                        the operating limits listed in Table 2
                                                                        to this subpart over the 3-hour
                                                                        performance test during which HF
                                                                        emissions did not exceed 0.029 kg/Mg
                                                                        (0.057 lb/ton) or uncontrolled HF
                                                                        emissions were reduced by at least 90
                                                                        percent.
                                          b. HCl emissions must not    i. The HCl emissions measured using
                                           exceed 0.13 kg/Mg (0.26 lb/  Method 26A of 40 CFR part 60, appendix A
                                           ton) of fired product; or    or Method 320 of 40 CFR part 63,
                                           uncontrolled HCl emissions   appendix A over the period of the
                                           must be reduced by at        initial performance test, according to
                                           least 30 percent; and        the calculations in Sec.
                                                                        63.8595(g)(1), do not exceed 0.13 kg/Mg
                                                                        (0.26 lb/ton); or uncontrolled HCl
                                                                        emissions measured using Method 26A of
                                                                        40 CFR part 60, appendix A or Method 320
                                                                        of 40 CFR part 63, appendix A over the
                                                                        period of the initial performance test
                                                                        are reduced by at least 30 percent,
                                                                        according to the calculations in Sec.
                                                                        63.8595(g)(2); and
                                                                       ii. You establish and have a record of
                                                                        the operating limits listed in Table 2
                                                                        to this subpart over the 3-hour
                                                                        performance test during which HCl
                                                                        emissions did not exceed 0.13 kg/Mg
                                                                        (0.26 lb/ton) or uncontrolled HCl
                                                                        emissions were reduced by at least 30
                                                                        percent.
                                          c. PM emissions must not     i. The PM emissions measured using Method
                                           exceed 0.21 kg/Mg (0.42 lb/  5 of 40 CFR part 60, appendix A, over
                                           ton) of fired product.       the period of the initial performance
                                                                        test, according to the calculations in
                                                                        Sec.   63.8595(g)(1), do not exceed 0.21
                                                                        kg/Mg (0.42 lb/ton); and
                                                                       ii. You establish and have a record of
                                                                        the operating limits listed in Table 2
                                                                        to this supbart over the 3-hour
                                                                        performance test during which PM
                                                                        emissions did not exceed 0.21 kg/Mg
                                                                        (0.42 lb/ton).
2. New or reconstructed tunnel kiln with  a. HF emissions must not     i. The HF emissions measured using Method
 a design capacity equal to or greater     exceed 0.029 kg/Mg (0.057    26A of 40 CFR part 60, appendix A or
 than 10 tph of fired product.             lb/ton) of fired product;    Method 320 of 40 CFR part 63, appendix A
                                           or uncontrolled HF           over the period of the initial
                                           emissions must be reduced    performance test, according to the
                                           by at least 90 percent;      calculations in Sec.   63.8595(g)(1), do
                                           and                          not exceed 0.029 kg/Mg (0.057 lb/ton);
                                                                        or uncontrolled HF emissions measured
                                                                        using Method 26A of 40 CFR part 60,
                                                                        appendix A or Method 320 of 40 CFR part
                                                                        63, appendix A over the period of the
                                                                        initial performance test are reduced by
                                                                        at least 90 percent, according to the
                                                                        calculations in Sec.   63.8595(g)(2);
                                                                        and
                                                                       ii. You establish and have a record of
                                                                        the operating limits listed in Table 2
                                                                        to this subpart over the 3-hour
                                                                        performance test during which HF
                                                                        emissions did not exceed 0.029 kg/Mg
                                                                        (0.057 lb/ton) or uncontrolled HF
                                                                        emissions were reduced by at least 90
                                                                        percent.
                                          b. HCl emissions must not    i. The HCl emissions measured using
                                           exceed 0.028 kg/Mg (0.056    Method 26A of 40 CFR part 60, appendix A
                                           lb.ton) of fired product;    or Method 320 of 40 CFR part 63,
                                           or uncontrolled HCl          appendix A over the period of the
                                           emissions must be reduced    initial performance test, according to
                                           by at least 85 percent;      the calculations in Sec.
                                           and                          63.8595(g)(1), do not exceed 0.028 kg/Mg
                                                                        (0.056 lb/ton); or uncontrolled HCl
                                                                        emissions measured using Method 26A of
                                                                        40 CFR part 60, appendix A or Method 320
                                                                        of 40 CFR part 63, appendix A over the
                                                                        period of the initial performance test
                                                                        are reduced by at least 85 percent,
                                                                        according to the calculations in Sec.
                                                                        63.8595(g)(2); and
                                                                       ii. You establish and have a record of
                                                                        the operating limits listed in Table 2
                                                                        to this subpart over the 3-hour
                                                                        performance test during which HCl
                                                                        emissions did not exceed 0.028 kg/Mg
                                                                        (0.056 lb/ton) or uncontrolled HCI
                                                                        emissions were reduced by at least 85
                                                                        percent.
                                          c. PM emissions must not     i. The PM emissions measured using Method
                                           exceed 0.060 kg/Mg (0.12     5 of 40 CFR part 60, appendix A, over
                                           lb/ton) of fired product.    the period of the initial performance
                                                                        test, according to the calculations on
                                                                        Sec.   63.8595(g)(1), do not exceed
                                                                        0.060 kg/Mg (0.12 lb/ton); and
                                                                       ii. You establish and have a record of
                                                                        the operating limits listed in Table 2
                                                                        to this subpart over the 3-hour
                                                                        performance test during which PM
                                                                        emissions did not exceed 0.060 kg/Mg
                                                                        (0.12 lb/ton).

[[Page 26751]]

 
3. Existing, new, or reconstructed        Minimize fuel-based HAP      You use natural gas, or equivalent, as
 periodic kiln, tunel kiln, or roller      emissions.                   the kiln fuel.
 kiln; each tunnel kiln that would be
 considered reconstructed but for Sec.
 63.8540(f)(1); and each tunnel kiln
 that would be considered reconstructed
 but for Sec.   63.8540(f)(2).
----------------------------------------------------------------------------------------------------------------

    As stated in Sec.  63.8620, you must demonstrate continuous 
compliance with each emission limit and operating limit that applies to 
you according to the following table:

     Table 6 to Subpart KKKKK of Part 63.--Continuous Compliance with Emission Limitations and Work Practice
                                                    Standards
----------------------------------------------------------------------------------------------------------------
                                                                            You must demonstrate continuous
             For each . . .                 For the following . . .               compliance by . . .
----------------------------------------------------------------------------------------------------------------
1. Kiln equipped with a DLA.............  a. Each emission limit in    i. Collecting the DLA pressure drop data
                                           Table 1 to this subpart      according to Sec.   63.8600(a); reducing
                                           and each operating limit     the DLA pressure drop data to 3-hour
                                           in Item 1 of Table 2 to      block averages according to Sec.
                                           this subpart for kilns       63.8600(a); maintaining the average
                                           equipped with a DLA.         pressure drop across the DLA for each 3-
                                                                        hour block period at or above the
                                                                        average pressure drop established during
                                                                        the performance test; and
                                                                       ii. Verifying that the limestone hopper
                                                                        and storage bin (located at the top of
                                                                        the DLA) contain adequate limestone by
                                                                        performing a daily visual check; and
                                                                       iii. Recording the limestone feeder
                                                                        setting daily to verify that the feeder
                                                                        setting is being maintained at or above
                                                                        the level established during the
                                                                        performance test; and
                                                                       iv. Using the same grade of limestone
                                                                        from the same source as was used during
                                                                        the performance test; maintaining
                                                                        records of the source and type of
                                                                        limestone; and
                                                                       v. Performing VE observations of the DLA
                                                                        stack at the frequency specified in Sec.
                                                                          63.8620(g) using Method 22 of 40 CFR
                                                                        part 60, appendix A; maintaining no VE
                                                                        from the DLA stack.
2. Kiln equipped with a DIFF or DLS/FF..  a. Each emission limit in    i. If you use a bag leak detection
                                           Table 1 to this subpart      system, initiating corrective action
                                           and each operating limit     within 1 hour of a bag leak detection
                                           in Item 2 of Table 2 to      system alarm and completing corrective
                                           this subpart for kilns       actions in accordance with your OM&M
                                           equipped with DIFF or DLS/   plan; operating and maintaining the
                                           FF.                          fabric filter such that the alarm is not
                                                                        engaged for more than 5 percent of the
                                                                        total operating time in a 6-month block
                                                                        reporting 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 is
                                                                        counted as a minimum of 1 hour; if you
                                                                        take longer than 1 hour to initiate
                                                                        corrective action, the alarm time is
                                                                        counted as the actual amount of time
                                                                        taken by you to initiate corrective
                                                                        action; or performing VE observations of
                                                                        the DIFF or DLS/FF stack at the
                                                                        frequency specified in Sec.   63.8620(g)
                                                                        using Method 22 of 40 CFR part 60,
                                                                        appendix A; maintaining no VE from the
                                                                        DIFF or DLS/FF stack; and
                                                                       ii. Verifying that lime is free-flowing
                                                                        via a load cell, carrier gas/lime flow
                                                                        indicator, carrier gas pressure drop
                                                                        measurement system, or other system;
                                                                        recording all monitor or sensor output,
                                                                        and if lime is found not to be free
                                                                        flowing, promptly initiating and
                                                                        completing corrective actions in
                                                                        accordance with your OM&M plan;
                                                                        recording the feeder setting once each
                                                                        shift of operation to verify that the
                                                                        feeder setting is being maintained at or
                                                                        above the level established during the
                                                                        performance test.
3. Kiln equipped with a WS..............  a. Each emission limit in    i. Collecting the scrubber pressure drop
                                           Table 1 to this subpart      data according to Sec.   63.8600(a);
                                           and each operating limit     reducing the scrubber pressure drop data
                                           in Item 3 of Table 2 to      to 3-hour block averages according to
                                           this subpart for kilns       Sec.   63.8600(a); maintaining the
                                           equipped with WS.            average scrubber pressure drop for each
                                                                        3-hour block period at or above the
                                                                        average pressure drop established during
                                                                        the performance test; and
                                                                       ii. Collecting the scrubber liquid pH
                                                                        data according to Sec.   63.8600(a);
                                                                        reducing the scrubber liquid pH data to
                                                                        3-hour block averages according to Sec.
                                                                         63.8600(a); maintaining the average
                                                                        scrubber liquid pH for each 3-hour block
                                                                        period at or above the average scrubber
                                                                        liquid pH established during the
                                                                        performance test; and

[[Page 26752]]

 
                                                                       iii. Collecting the scrubber liquid flow
                                                                        rate data according to Sec.
                                                                        63.8600(a); reducing the scrubber liquid
                                                                        flow rate data to 3-hour block averages
                                                                        according to Sec.   63.8600(a);
                                                                        maintaining the average scrubber liquid
                                                                        flow rate for each 3-hour block period
                                                                        at or above the average scrubber liquid
                                                                        flow rate established during the
                                                                        performance test; and
                                                                       iv. If chemicals are added to the
                                                                        scrubber water, collecting the scrubber
                                                                        chemical feed rate data according to
                                                                        Sec.   63.8600(a); reducing the scrubber
                                                                        chemical feed rate data to 3-hour block
                                                                        averages according to Sec.   63.8600(a);
                                                                        maintaining the average scrubber
                                                                        chemical feed rate for each 3-hour block
                                                                        period at or above the average scrubber
                                                                        chemical feed rate established during
                                                                        the performance test.
4. Existing, new, or reconstructed        Minimize fuel-based HAP      i. Maintaining records documenting your
 periodic kiln, tunnel kiln, or roller     emissions.                   use of natural gas, or an equivalent
 kiln; each tunnel kiln that would be                                   fuel, as the kiln fuel at all times
 considered reconstructed but for Sec.                                  except during periods of natural gas
 63.8540 (f)(1); and each tunnel kiln                                   curtailment or supply interruption; and
 that would be considered reconstructed                                ii. If you intend to use an alternative
 but for Sec.   63.8540(f)(2).                                          fuel, submitting 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.   63.8665; 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.   63.8635(g).
----------------------------------------------------------------------------------------------------------------

    As stated in Sec.  63.8635, you must submit each report that 
applies to you according to the following table:

                         Table 7 to Subpart KKKKK of Part 63.--Requirements for Reports
----------------------------------------------------------------------------------------------------------------
                                                                                      You must submit the report
          You must submit . . .                  The report must contain . . .                   . . .
----------------------------------------------------------------------------------------------------------------
1. A compliance report..................  a. If there are no deviations from any      Semiannually according to
                                           emission limitations or work practice       the requirements in Sec.
                                           standards that apply to you, a statement     63.8635(b).
                                           that there were no deviations from the
                                           emission limitations or work practice
                                           standards during the reporting period. If
                                           there were no periods during which the
                                           CMS was out-of-control as specified in
                                           your OM&M plan, a statement that there
                                           were no periods during which the CMS was
                                           out-of-control during the reporting
                                           period.
                                          b. If you have a deviation from any         Semiannually according to
                                           emission limitation (emission limit,        the requirements in Sec.
                                           operating limit) during the reporting        63.8635(b).
                                           period, the report must contain the
                                           information in Sec.   63.8635(d) or (e).
                                           If there were periods during which the
                                           CMS was out-of-control, as specified in
                                           your OM&M plan, the report must contain
                                           the information in Sec.   63.8635(e).
                                          c. If you had a startup, shutdown, or       Semiannually according to
                                           malfunction during the reporting period     the requirements in Sec.
                                           and you took actions consistent with your    63.8635(b).
                                           SSMP, the compliance report must include
                                           the information in Sec.   63.10(d)(5)(i).
2. An immediate startup, shutdown, and    a. Actions taken for the event according    By fax or telephone within
 malfunction report if you took actions    to the requirements in Sec.                 2 working days after
 during a startup, shutdown, or            63.10(d)(5)(ii).                            starting actions
 malfunction during the reporting period                                               inconsistent with the
 that are not consistent with your SSMP.                                               plan.
                                          b. The information in Sec.                  By letter within 7 working
                                           63.10(d)(5)(ii).                            days after the end of the
                                                                                       event unless you have
                                                                                       made alternative
                                                                                       arrangements with the
                                                                                       permitting authority.
3. A report of alternative fuel use.....  The information in Sec.   63.8635(g)......  If you are subject to the
                                                                                       work practice standards
                                                                                       specified in Table 3 to
                                                                                       this subpart, and you use
                                                                                       an alternative fuel to
                                                                                       fire an affected kiln, by
                                                                                       letter within 10 working
                                                                                       days after terminating
                                                                                       the use of the
                                                                                       alternative fuel.
----------------------------------------------------------------------------------------------------------------

    As stated in Sec.  63.8655, you must comply with the General 
Provisions in Sec. Sec.  63.1 through 63.15 that apply to you according 
to the following table:

[[Page 26753]]



           Table 8 to Subpart KKKKK of Part 63.--Applicability of General Provisions to Subpart KKKKK
----------------------------------------------------------------------------------------------------------------
           Citation                     Subject               Brief description       Applies to subpart KKKKK
----------------------------------------------------------------------------------------------------------------
Sec.   63.1..................  Applicability............  Initial applicability     Yes.
                                                           determination;
                                                           applicability after
                                                           standard established;
                                                           permit requirements;
                                                           extensions,
                                                           notifications..
Sec.   63.2..................  Definitions..............  Definitions for part 63   Yes.
                                                           standards.
Sec.   63.3..................  Units and Abbreviations..  Units and abbreviations   Yes.
                                                           for part 63 standards.
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          effective date; 3 years
                                Sources.                   after effective date;
                                                           upon startup; 10 years
                                                           after construction or
                                                           reconstruction
                                                           commences for section
                                                           112(f).
Sec.   63.6(b)(5)............  Notification.............  Must notify if commenced  Yes.
                                                           construction or
                                                           reconstruction after
                                                           proposal.
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 source standards
                                Major.                     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).
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     Requirement for startup,  Yes.
                                Malfunction Plan (SSMP).   shutdown, and
                                                           malfunction (SSM) and
                                                           SSMP; content of 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)...............  Alternative Standard.....  Procedures for getting    Yes.
                                                           an alternative standard.
Sec.   63.6(h)...............  Opacity/VE Standards.....  Requirements for opacity  No, not applicable.
                                                           and VE standards.
Sec.   63.6(i)...............  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         Yes.
                                                           require a performance
                                                           test under CAA section
                                                           114 at any time.
Sec.   63.7(b)(1)............  Notification of            Must notify               Yes.
                                Performance Test.          Administrator 60 days
                                                           before the test.
Sec.   63.7(b)(2)............  Notification of            Must notify               Yes.
                                Rescheduling.              Administrator 5 days
                                                           before scheduled date
                                                           of rescheduled date.
Sec.   63.7(c)...............  Quality Assurance (QA)/    Requirements; test plan   Yes.
                                Test Plan.                 approval procedures;
                                                           performance audit
                                                           requirements; internal
                                                           and external QA
                                                           procedures for testing.
Sec.   63.7(d)...............  Testing Facilities.......  Requirements for testing  Yes.
                                                           facilities.
Sec.   63.7(e)(1)............  Conditions for Conducting  Performance tests must    No, Sec.   63.8595 specifies
                                Performance Tests.         be conducted under        requirements.
                                                           representative
                                                           conditions.
                                                          Cannot conduct            Yes.
                                                           performance tests
                                                           during SSM; not a
                                                           violation to exceed
                                                           standard during SSM.

[[Page 26754]]

 
Sec.   63.7(e)(2)-(3)........  Conditions for Conducting  Must conduct according    Yes.
                                Performance Tests.         to subpart and EPA test
                                                           methods unless
                                                           Administrator approves
                                                           alternative; must have
                                                           at least three test
                                                           runs of at least 1 hour
                                                           each; compliance is
                                                           based on arithmetic
                                                           mean of three runs;
                                                           conditions when data
                                                           from an additional test
                                                           run can be used.
Sec.   63.7(f)...............  Alternative Test Method..  Procedures by which       Yes.
                                                           Administrator can grant
                                                           approval to use an
                                                           alternative test method.
Sec.   63.7(g)...............  Performance Test Data      Must include raw data in  Yes.
                                Analysis.                  performance test
                                                           report; must submit
                                                           performance test data
                                                           60 days after end of
                                                           test with the
                                                           notification of
                                                           compliance status.
Sec.   63.7(h)...............  Waiver of Tests..........  Procedures for            Yes.
                                                           Administrator to waive
                                                           performance test.
Sec.   63.8(a)(1)............  Applicability of           Subject to all            Yes.
                                Monitoring Requirements.   monitoring requirements
                                                           in subpart.
Sec.   63.8(a)(2)............  Performance                Performance               Yes.
                                Specifications.            Specifications in
                                                           appendix B of 40 CFR
                                                           part 60 apply.
Sec.   63.8(a)(3)............  [Reserved].
Sec.   63.8(a)(4)............  Monitoring with Flares...  Requirements for flares   No, not applicable.
                                                           in Sec.   63.11 apply.
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     Yes.
                                Multiple Monitoring        for installing and
                                Systems.                   reporting on monitoring
                                                           systems.
Sec.   63.8(c)(1)............  Monitoring System          Maintenance consistent    Yes.
                                Operation and              with good air pollution
                                Maintenance.               control practices.
Sec.   63.8(c)(1)(i).........  Routine and Predictable    Reporting requirements    Yes.
                                SSM.                       for SSM when action is
                                                           described in SSMP.
Sec.   63.8(c)(1)(ii)........  SSM not in SSMP..........  Reporting requirements    Yes.
                                                           for 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
                                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.........  Requirements for CMS....  No, Sec.  Sec.   63.8575 and
                                                                                     63.8615 specify
                                                                                     requirements.
Sec.   63.8(c)(5)............  Continuous Opacity         COMS minimum procedures.  No, not applicable.
                                Monitoring System (COMS)
                                Minimum Procedures.
Sec.   63.8(c)(6)............  CMS Requirements.........  Zero and high level       No, Sec.   63.8575 specifies
                                                           calibration check         requirements.
                                                           requirements.
Sec.   63.8(c)(7)-(8)........  CMS Requirements.........  Out-of-control periods..  No, Sec.   63.8575 specifies
                                                                                     requirements.
Sec.   63.8(d)...............  CMS Quality Control......  Requirements for CMS      No, Sec.   63.8575 specifies
                                                           quality control.          requirements.
Sec.   63.8(e)...............  CMS Performance            Requirements for CMS      No, Sec.   63.8575 specifies
                                Evaluation.                performance evaluation.   requirements.
Sec.   63.8(f)(1)-(5)........  Alternative Monitoring     Procedures for            Yes.
                                Method.                    Administrator to
                                                           approve alternative
                                                           monitoring.
Sec.   63.8(f)(6)............  Alternative to Relative    Procedures for            No, not applicable.
                                Accuracy Test.             Administrator to
                                                           approve alternative
                                                           relative accuracy test
                                                           for continuous emission
                                                           monitoring systems
                                                           (CEMS).
Sec.   63.8(g)...............  Data Reduction...........  COMS and CEMS data        No, not applicable.
                                                           reduction requirements.
Sec.   63.9(a)...............  Notification Requirements  Applicability; State      Yes.
                                                           delegation.
Sec.   63.9(b)...............  Initial Notifications....  Requirements for initial  Yes.
                                                           notifications.
Sec.   63.9(c)...............  Request for Compliance     Can request if cannot     Yes.
                                Extension.                 comply by date or if
                                                           installed BACT/LAER.
Sec.   63.9(d)...............  Notification of Special    For sources that          Yes.
                                Compliance Requirements    commence construction
                                for New Source.            between proposal and
                                                           promulgation and want
                                                           to comply 3 years after
                                                           effective date.
Sec.   63.9(e)...............  Notification of            Notify Administrator 60   Yes.
                                Performance Test.          days prior.
Sec.   63.9(f)...............  Notification of VE/        Notify Administrator 30   No, not applicable.
                                Opacity Test.              days prior.
Sec.   63.9(g)(1)............  Additional Notifications   Notification of           Yes.
                                When Using CMS.            performance evaluation.
Sec.   63.9(g)(2)-(3)........  Additional Notifications   Notification of COMS      No, not applicable.
                                When Using CMS.            data use; notification
                                                           that relative accuracy
                                                           alternative criterion
                                                           were exceeded..

[[Page 26755]]

 
Sec.   63.9(h)...............  Notification of            Contents; submittal       Yes.
                                Compliance Status.         requirements.
Sec.   63.9(i)...............  Adjustment of Submittal    Procedures for            Yes.
                                Deadlines.                 Administrator to
                                                           approve change in when
                                                           notifications must be
                                                           submitted.
Sec.   63.9(j)...............  Change in Previous         Must submit within 15     Yes.
                                Information.               days after the change.
Sec.   63.10(a)..............  Recordkeeping/Reporting..  Applicability; general    Yes.
                                                           information.
Sec.   63.10(b)(1)...........  General Recordkeeping      General requirements....  Yes.
                                Requirements.
Sec.   63.10(b)(2)(i)-(v)....  Records Related to SSM...  Requirements for SSM      Yes.
                                                           records.
Sec.   63.10(b)(2)(vi)-(xii)   CMS Records..............  Records when CMS is       Yes.
 and (xiv).                                                malfunctioning,
                                                           inoperative or out-of-
                                                           control.
Sec.   63.10(b)(2)(xiii).....  Records..................  Records when using        No, not applicable.
                                                           alternative to relative
                                                           accuracy test.
Sec.   63.10(b)(3)...........  Records..................  Applicability             Yes.
                                                           Determinations.
Sec.   63.10(c)(1)-(15)......  Records..................  Additional records for    No, Sec.  Sec.   63.8575 and
                                                           CMS.                      63.8640 specify
                                                                                     requirements.
Sec.   63.10(d)(1) and (2)...  General Reporting          Requirements for          Yes.
                                Requirements.              reporting; performance
                                                           test results reporting.
Sec.   63.10(d)(3)...........  Reporting Opacity or VE    Requirements for          No, not applicable.
                                Observations.              reporting opacity and
                                                           VE.
Sec.   63.10(d)(4)...........  Progress Reports.........  Must submit progress      Yes.
                                                           reports on schedule if
                                                           under compliance
                                                           extension.
Sec.   63.10(d)(5)...........  SSM Reports..............  Contents and submission.  Yes.
Sec.   63.10(e)(1)-(3).......  Additional CMS Reports...  Requirements for CMS      No, Sec.  Sec.   63.8575 and
                                                           reporting.                63.8635 specify
                                                                                     requirements.
Sec.   63.10(e)(4)...........  Reporting COMS data......  Requirements for          No, not applicable.
                                                           reporting COMS data
                                                           with performance test
                                                           data.
Sec.   63.10(f)..............  Waiver for Recordkeeping/  Procedures for            Yes.
                                Reporting.                 Administrator to waive.
Sec.   63.11.................  Flares...................  Requirement for flares..  No, not applicable.
Sec.   63.12.................  Delegation...............  State authority to        Yes.
                                                           enforce standards.
Sec.   63.13.................  Addresses................  Addresses for reports,    Yes.
                                                           notifications, requests.
Sec.   63.14.................  Incorporation by           Materials incorporated    Yes.
                                Reference.                 by reference.
Sec.   63.15.................  Availability of            Information               Yes.
                                Information.               availability;
                                                           confidential
                                                           information.
----------------------------------------------------------------------------------------------------------------

                                                                                     [FEDREG][VOL]*[/VOL][NO]*[/
                                                                                                                    NO]
                                                                                                                    [
                                                                                                                    D
                                                                                                                    A
                                                                                                                    T
                                                                                                                    E
                                                                                                                    ]
                                                                                                                    *
                              [/
             DATE][RULES][RULE][P
               REAMB][AGENCY]*[/
             AGENCY][SUBJECT]*[/
                      SUBJECT][/
             PREAMB][SUPLINF][HED
]*[/HED][FR Doc. 03-5739 Filed 5-15-03; 8:45 am]
BILLING CODE 6560-50-P